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THE CHINA MAIL, MAY 30, 1911:
NEW PUISNE JUDGE OUTLINES CHANGES IN PROCEDURE
MR. JUSTICE Cressall, sitting in Sum- mary Jurisdiction this morning, outlined the new procedure to be followed by the legal profession in actions in his Court.
Mr. Justice Cressult recalled his! It has been the practice for the comments of May 2 and said Registrar to issue these writs of Since then the Law Society has execution on the application of gone into the matter and the the judgment creditor. This form committee of that Society met is based on me in Chambers when we further Code which discussed these suggestions. I authorise the would like to take this oppor- person of the funity
thanking of
the Society, particularly the committee for the interest have taken in the matter.
section 399 of the does not, however, attachment of the debtor but only his Law goods and chattels, Imprison- sub- ment of the debtor is governed by They section 371 for which no form has been prescribed. In future, there- fore, form 30 will only be used for the attachment of the judg- ment debtor's property and the latter part of it commencing with the words "and we further com- mind you
the
rea-
Starting from June following changes will take place: Statement of Claim Practi- tioners will be expected to give a many particulars as are soumbly possible in their statement of claim Failure to do this may result in their being deprived of there costs an issuing the writ and 1 defendant Lasing awarded
15. thrown away by the
the case.
the ad
I
(* will be struck but unless the judgment creditor obstains an order from the Judge authorising the arrest and impri- Sontent of the judgment debtor
Applications for the arrest and imprisonment of the judgment de bior in Summary Jurisdiction
Statement Of Defence under section 371 will be made to
the Paisne Judge in Chambers.
These slight alterations of the Statement of Defence: In cases
practice will. I hope. take place In wheh solicitors appear for a
from June 1. subject to the fact 11 defendant. a statement [
that they will not be applied in defence must be fled, as a matter ¦ ist course,
any particular case in which hard- days! at least three
ship will be caused but, say after before the return day Failure to the first week in June, the rule do so may involve defendant in will be applied to each case. any costs occasioned by the adjournment of the case for this
In be done.
Service of Writ: In future. solicitors clerks will be authoris- ed to serve writs as is in done la Original Jurisdiction. This does not mean, however, that writs will not be served by bailiffs in thuse cases where the plaintiffs appear in person,
Solicitors' clerks will be entitled to their reasonable travelling ex- penses for serving the wrii and must file an affirmation of service after the writ has been served.
DETECTIVE'S
WIT WITH
A HALF-WIT
Call over: - The present prac-
A "pole squatter" at- tire of the senior solicitor's cases tracted a crowd in Bon- being called first will continue.
subject to the question being ham Strand East shortly raised again. if and when the after 9 a.m. to-day when Puisne Judge considers it neces-
he scaled a 15-foot lamp sary to do so.
Appearances: Where a part- post and refused to come nership is involved, the procedure
in the Code of Civil Procedure down. will be applied as nearly as pos- sible. That is to say, solicitors must disclose the name of the partner or partners for 'whom he is appearing
--
AMERICAN CROWD
SING "GOD SAVE THE KING"
of
An audience 3,000, largely con- sisting of Irish Ameri- cans, jumped to its feet and sang "God Save the King" after a lecture at Boston (U.S.A.) on London's blitz sufferings.
"Collier's Maga- zine," which reported the incident, said many of the audience had tears in their eyes as they stood. - Reuter.
FAKIR OF IPI FLOPS
Grandiose threats of a "blitz" by the Fakir of Ipi have failed.
An attack on a scouts' post at Boyn on May 18/19, made under his Inspiration, was supposed to be nurt of the plans.
The attack was supported by two field-guns one of which hit the post, slightly damaging it. By had burst, killing
taken
then one gun
two of its crew.
Immediate
action was
against the gang, which suffered Two scouts were slightly wound-
casualties and soon disintegrated,
ed.
Remains of the gang are be- lieved to be still in upper Tochi, Failure of the Fakir's plans is steadiness taken to indicate the Waving his hand in front of his between the North-West Frontier face he indicated his determina- tribes. which is considered re- tion to remain in his lofty posi-markable in present world con- tion. In fact, he stayed up for ditions. some 20 minutes until the arrival Meanwhile the Governor of the This requires; of a Chinese detective.
Frontier Province. Scale of Costs:
North-West revision and it is suggested that At first he ignored the detec- who has just completed a tour of
of three
received a committee
with the tive's request that he descend, but | Waziristan,
of loyalty from tribesmen Registrar as chairman should go when the police officer displayed a into the matter and report to the coin and indicuted that it was various places. Throughout the Pulsne Judge,
for him, the "pole squatter" tour the Governor was under tri- Adjournments: --The practice slipped down as fast as he could. bal protection only and no nili-
automatic of granting
adjourn-
precautions were He was then given the coin and tary or other ments will be discontinued, but escorted to the Mental Hospital! taken. Reuter. the Court will view with sym- pathy any application made by a practitioner for an adjournment if he shows sufficient cause.
Earlier Sittings
Sittings of the Court:--As from June 1, the Court will sit at 9.30:
a IT.
AXIS TALK IN TOKYO
As a general rule, no case ON U.S.
will be axed at call over for the afternoon as this will be kept free for part-heard cases. The Cham- ber's 1st will be taken on Satur- days at 9.30 a.m., formal proof will be taken to open court on Saturdays at 10.30 am. and the cases will be called in numerical order unless otherwise directed by the Pulsne Judge.
The international situation, In the light of President Roosevelt's broadcast, is believed to have been discussed by the German Am bassador, Major-General Ott, and the Japanese Foreign Minister, Mr. Matsuoka, yesterday.
The meeting lasted over an Consent to Judgment: The hour.
The British Ambassador, Sir present undesirable practice of
Robert Craigie, also saw Mr. defendants being allowed to go to
Matsuoka for half an hour but the Pulsne Judge clerk's office al
talk has not and the subject of the the morning ull
hours of
Reuter. afternoon will cease. After issue yet been disclosed, of the writ, and before the case
is listed for call over, Consent to
Judgment will be taken on Wed- GAS CUT IN
nesday morning at. 9 a.m., pro- vided both plaintiff and defendant appear in person or through their solicitors. After the case has been fixed for hearing, Consent to Judgment will not be taken be- fore the return day unless they in writing and have been endorsed by plaintiff or his solici-
are
tors.
SHANGHAI
(SPECIAL TO "CHINA MAIL”)
assurancES
in
REQUISITION OF SHIPS AUTHORISED
THE U.S. SENATE YESTER- DAY APPROVED AND SENT TO SIDENTIAL SIGNATURE THE WHITE HOUSE FOR PRE- PERMITTING LEGISLATION
THE GOVERNMENT TO TAKE OVER 00 FOREIGN SHIPS IDLE IN U.S. HARBOURS.
The vessels may be taken over by purchase, requisition or charter but cash benefits or "other equit- able treatment" must be provided for foreign seamen thrown out of employment by requisitions.~ Reuter.
LAUNCH SUNK IN HARBOUR
SHANGHAI INDUSTRY TOOK A harbour accident yesterday IN ANOTHER NOTCH IN ITS had a sequel before Mr. D. J. N. BELT WHEN THE MUNICIPAL Anderson at the Kowloon Magis- COUNCIL ANNOUNCED: RE tracy this morning, when eleven STRICTIONS OF GAS CON- junkpeople were charged with a SUMPTION. MORE SEVERE breach of the Immigration Regu-. Imprisonment Of
THAN THOSE IN EFFECT FOR |lations by approaching a ship. Debtors
ELECTRICITYJ, Spa, non " fying the Immigration flag, and
The Council also approved with tying up to a moving ship, Execution of Judgments and new temporary surcharge of 50 Sgt, C. Pile said that an accident. Imprisonment of Judgment per cent on basic electricity rates occurred yesterday when a launch Debtors: Under section 71 of of the Shanghal Power Co. and and two junks were sunk. The the Code of Civil Procedure, judg- announced an increase from 110 accident was Indirect y caused by ment may be enforced by the per cent to 250 per cent in the accused who fastened their junks Imprisonment of the party against Shanghai Waterworks surcharge, to n ship coming into the Harbour.
Accused-were each fined: $50.9 whom Judgment has been given. International News Service.
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