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months from the said day of April. In con. cluding his affidavit, the Crown Solicitor says — "I have searched the record in this matter, and it appears that the appellant has taken steps towards complying with the conditions of the said order.' So, My Lords, you will see
on that statement of facts that tho respondent is entitled to have this leave to appeal discharged. In the 10th rule of instructions to appeal it is specially stated that security be given by the appellant for the prosecution of an appeal, for the payment of costs, and that such costs shall be paid within three months from date of the petition for leave to appeal.
The Chief Justice-Does the three months apply to the giving of the security?
The Attorney General-Yes, My Lord. The Chief Justice-An order is made as prayed, and the provision for leave to appeal is dismissed with costs.
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A QUESTION OF OWNERSHIP. Be LAM TUNG AND THE NAM LOONG FIRM. This was an appeal by the Nam Loong firm against a judgment of the Chief Justice given in favour of Lam Tang, the plaintiff in a former action. That action arose through the rendition of one, Chow Kwan, Saigon, when the sum of $2,600 found his person when he was arrested, was retained by the police. This amount the present appellants and respondent claimed, and His Lordship held that the respondent was entitled to recover the money as bailes, and gave judg. ment accordingly.
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Mr. H. N. Ferrers, instructed by Mr. J. Hays (of Messrs. Johnson, Stokes and Master) appeared for the appellants, and Mr. H. E. Po'look, K.C., instructed by Mr. C. F. Dixon (of Mr. J. Hastings Office) for the respondent.
Mr. Pollock-My Lords, I have got a prelim- inary objection to make. If Your Lordships will kindly refer to the notice of appeal which has been filed by the appellants in this case, Your Lordships will find that there are no grounds whatever stated in that notice of appeal. I am referring. My Lords, to the notice of appeal itself. It runs as follows:--" Take notice that the full court will be moved on the 24th day of July, or as soon thereafter as counsel can be heard, that the judgment given in this action on the 4th day of July, 1995, may be reversed, and judgment entered for the appellants; and that the costs of this application may be paid by respondent." I submit to Your Lord-hips that such a notice is bad in point of law, and ought to be dismissed. In support of this contention I may point out that it is not even mentioned whether the appeal is inten led to be brought as appeal on facts or law, and that absolutely no information whatsoever has been given to respondent as to the matter. It is quite obvious, My Lords, that such notice is bad, and I will refer to an authority precedent where motion was made for a new trial, and in which I sub- mit similar principles apply. In the case of Pfeiffer against the Midland Railway Company. Law Reports, 18 Q.B.D., page 243, the court refused to give leave to amend a notice of motion and dismissed the motion altogether, and I would ask Your Lordships to take the same view in the motion now before you.
It is very necessary that a proper notice should be given to the respondent of the points he has to meet, and in the absence of being furnished with that information, I submit that this motion should be dismissed.
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The Chief Justice Do you say you should have the right to call on the other side to state their grounds, and that they should be refused leave to amend if those grounds are absurd ?
Mr. Pollock-No. I would'nt say that. My Lord.
The Chief Justice-That is the ground of your last sentence.
Idr. Pollock-It is absolutely a matter within Your Lordship's discretión.
Mr. Ferrers-In the first place, the authority quoted by my learned friend entirely refers to a motion for a new trial, which is not the case in this instance. If Your Lordships will refer to seotion 597 of the Code, you will see there expressly laid down that in moving for a new trial the grounds of the application must be stated. We are not moving for a new trial, but appealing, and that brings us under section 670. That section states—“Every appeal shall be by notics of motion in a summary way, and
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THE HONGKÔNG WEEKLY PRESS AND
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no conditions other than such notice of motion shall be necessary." In face of those two sections it seems to me rather a difficulty how my friend alleges that an authority solely dealing with a motion in a new trial can be in point on sa appeal. The question has been made abundantly clear by the fact that it has been laid down that these rules and practice | applicable in C1803 of motion for a new trial are not on all fours with the rules and practice, and do not apply to appea's such as the present. I would also refer Your Lordships to page 51 of the White Book. Therein Lord Lindley has said—“ An appeal from the judge is not governed by the rules applicable to a new trial.' It is plain my friend | cin produce no authority or form in which notice of motion for an appeal contains any. thing more than the present notice of motion. As Your Lordships will see, the respondent has had two notices of motion served on him, and the second does state the grounds of appeal, so that he is perfectly well acquiated with them. They were points on which His Lordship, the Chief Justice, said he desired further evidence.
The Chief Justice-I said that further evidence should have been produced.
Mr. Pullock-It seems to me that the notice cannot be sufficient if the appellants do not state whether they are appealing on grounds of fact or law. Surely the respondent ought to know what be has to meet.
The Chief Justice-I think we will begin with the notice of motion.
Mr. Ferrera-As Your Lordships are already aware there are strictly speaking two notices, and I will deal with the first, in which I will ask you to exercise the power you possess, and permit me to call further evidence. I will put in an affidavit.
Mr. Pollock-I object to the affidavit which has been filed by Lan Ping being put in.
The Chief Justice-What you want to show now is whether the case is such that we should
allow further evidence.
Mr. Ferrers-And in support of that contention an affidavit was put on the file by Lan Ping, which I wish to reid.
Mr. Pollock-I object.
The Chief Justice-I want authority showing that you are allowed to read it. There I think your application will fail under Mr. Pollock's contention.
Mr. Ferrers-We can state the main grounds as laid down in the affidavit.
The Paisse Judge-You cannot put that in. The Chief Justice -Do you mean to say that anybody could put au affi larit on the file and state that according to his views the case was wrongly decided?
Mr. Ferrers-No. my lor. But we cau file an affidavit to say that certain evidence was not cal'ed that should have been called.
Mr. Farrars then proceded to relats the facts leading up to the present hearing, which have been previously reported and was arguing the points on which he based his appeal when the Court adjourned.
ITALIAN CONVENT PRIZE
DISTRIBUTION,
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Coming, as it did, towards the end of the long list of schools at which H. E. the Gover- nor has presented the prizes, the Sisters of the Convent realised that to make this function a pleasant one it would be necessary for them to entirely change the programme which hal boon carried out in the other schools, aul in this respect they were successful. The schoolroom was decorated with red, white and b'us ribbon, which hung in festoons round the walls, while the scholars all wore 2 red, white and blue rosetts. The attractive musical program, which was not too long to become tiresome, was a treat in itself, and spoke volumes for the instruction received by the pupils.
Miss M. NOLASCO DA SILVA opened the pro- gramu by a brief address in which she thanked His Excellency, the Reverend Fathers, and the ladies and gentlemen present for their kindness in visiting the school on such an occasion, and craved their kind indulgence to overlook any little mistakes. The Misses P. Ros and M Ahwee's playing of the "Symphonie d'Enfant" was well received, and the recitation of little Miss C. Mattock, "Going to the Edge of the
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Earth" provoked much mirth. The action song given by the 24 girls looked very pretty, also the scarf drill with the red, white and blue scarfs. The Polka Concertata played by the Misses Brewster, Camara, Loching, Velez, Barretto, Bist, E. Felices and I. Sison was a rare musical treat, and Miss M. Hicks kept her hearers in a simmer of laughter while she related to them the "Wonders of the English Language." Miss D. Souza's planoforte solo, Overture de Raymond," was loudly applauded, and the programu was concluded by a concerted piece, descriptive of the fine arts, in whic solos were sung by Miss M. Barradas (Music), Miss E. Best (Poety), Miss Ear. Felices (Painting), Miss T. Birretto (Architecture), Miss R. Galluzi (Scalpture) and Miss Elv. Felices (Genius of the Arts).
The Rev. FATHER DE MARIA, before calling upon His Excellency to distribute the prizes, rad the report of the Inspector of Schools on the Italian Convent, and stated that they accopted the praises contained therein, and were encouraged thereby to go on progressing; they also accepted the suggestions, which they would endeavour to act upon.
HIS EXCELLENCY then distributed the prizes, after which he addressed the children, saying: -The Inspector of Schools has given me a satisfactory report on your conduct and work during the year, with one exception, and I shall deal with that exception ia the few remarks that I now address to the elder girls. The two highest standards showed themselves weak in English composition. Possibly the subject does not appar to you important, as you may not intend to write books, and you will not be called upon to compile reports. Apart, however, from the facts that the better you can write the better you will talk, and the more pleasure you will get from reading what is well written, you should re- member that there is a branch of composition which is certainly as much women's work as man's. This is letter writing, a subject in which more women excel than men, A well- written letter gives pleasure, apart from the information it contains and the evidenor of friendship that it furaishes. An ill-written: letter is troublesome to read and less as the* interest in the writer. A letter, like any othe form of essay, to bi a gol one
must say something interesting, that is, it must be sound in matter and say it well, or be correct in style. Whether you can say something interesting depends on whether you noties, remember and think about what you see, hear and read. IỀ you go through life without paying attention to what happens around you, and without try. ing to understaul things, you will never by able to writ, well, or even to talk will. I dɔ not mean that when you have an occasion të write an essay or a let'er, or that when you cɔa- verse, you should take the opportunity of show- ing how much you know, but I mean that it should be clear to the reader or listener that you have definite and wall grounded information and opinions on the subject about which yo are writing or talking. Next, as regards the manuer of writing. Before you begin a letter or essay, you should have : distinct idea of what you are going to weit, and how you are going to arrange it. For instanca, in a letter you will probably first refer to one you have received from the person to whom you are writing, and you will auswer any questi»us that il may coataiu. Next, you will go on to say what you have been doing, sesing, hearing or reading, and make your remarks ou the events or books. Then you will ask any questions you may wish to put to your corres pondent. This is only one arrangement of muy that might be in ids, aud I only mentio it to explain that there should by son order in the way you put down your thoughts. In a essay it is of more importance that the ideas should be in a regular sqqusaes, and that they should not fly about from on part of th subject to another. The diffrent parts should be kept in separate paragraphs and should bal on from one to another in a natural order. frequent cause of books being dry and dull to real is that this rule is not followed; the story does not, as it were, flow on in a natural way, Just in the samo way that you should arrange the different parts of your subject in your mind before you commence writing, you should arrange your sentences before you
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