Meeting held on
the 21th January, 1875. 564
TAIPINGSHAN RESUMPTION ARBI.
TRATION BOARD.
At a meeting of the Taipingshan Resumption Board held on Monday in the Chambers of His Honour, Mr. E. J. Aokroyd, Acting Chief Justice, the award of the Board was given in Claims 16 and 31. In the former Chun Wing was the claimant, represented by Mr. C. D. Wil kinson, and in the latter Mr. V. H. Deacon, as trusted for the late Mr. Bottomley, appeared in support of the claim.
His Lordship said-In Claim No. 16 the amount originally claimed was $18,200 (amended to $16,880), the amount offered by the Govern- ment was $10,400, and the amount now awarded is $13,000. In Claim No. 31 the amount claimed was $4,800, the amount offered $2,878, the amount now awarded $4,200.
Mr. Wilkinson-I presume in the first case you will award costs? The amount awarded is less really than the amount due to the mort- gagee, so in this case it will be absolutely neces sary for my client, the mortgagor, to fght the case. $13,100 is the amount of the mortgage.
His Lordship-The Hongkong. Cantor, and Macao Steamboat Co are the mortgagoes ?
Mr. Wilkinsou-Yes, and no mouey comes to my client. It will be exceedingly hard for him if he has. in addition to paying the whole sum
to the mortgagees, to pay the costs.
His Lordship-But suppose you had accepted $13,000.
Perbaps
Air. Wilkinson-It was not offered. His Lordship-I do not say it was. the Government would have gone up a ra than $10,400 if there had been a disposition to mo- derate your claims. In all these cases we have been deciding, in not one single instance have the elaimauts got what they asked, and they have all been calling out for costa.
Mr. Wilkinson-In all cases where damages were claimed they have always got more than the Government offered,
Mr. T. Sercomba Smith (who represented the Attorney-General)-Not in all the cases.
Mr. Wilkinson-They have boen compelled to enme before the Board and bare been compelled to incur these costs because of the small amounts off red by the Government,
His Lordship-Would you have been com- pel ed to come before the Board if you had asked only for what von now receive? Suppose yon had asked for $13.000 instead of $18,200, is it b likely the Government would have acceded to your claim ?
Mr. Wilkin-ou-If I had asked for $1,200, the Government would probably have offered $.000, going on the principle they seem to have adopted hitherto.
Hi Lordship-I will give costs in these two eases; but this subject of costs is getting so serious we will have to take it into consideration. Mr. T. Bercombe Smith suggested that it might be well to allow the costs to stand over till the end of the cases, and then their amounts and relative merits conld be botter determined.
His Lordship thought the suggestion was worthy of consideration, but said that the Board would allow the costs in these two cases. TAIPINGSHAN RESUMPTION ARBI- TRATION BOARD.
have been
The following further awards made:-
Claim No. 35, Lo Kam Chune, Inland Lot 244 E: amount olaimed, £3,500, the Govern- ment offered $1,900; the Board awarded $1,900,
Mr. Ho Wyson appeared on behalf of the olaimant.
No costs were allowed.
Claim No. 39, Chung Tasu, Inland Lot 245 : amount claimed, $3,400; the Govern- ment offered $2,700; the Board awarded $2,800,
Mr. C. D. Wilkinson appeared on behalf of the claimant.
No costs were allowed.
Claim No. 41, Chung Tuk-hok, Inland Lots 1,3:4 and 280, section B; amount olaimed $5,000; the Government offered $3,800, and the case was settled out of Court for $4,100.
Mr. C. D. Wilkinson represented the claimant.
C. O.
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