1951-05-28 — Page 10

Brayshaw Furnaces

ENGINEERING EQUIPMENT CO., LTD.

TEL, 27789,

- H:K;-& "SHANGHAI BANK BLDO,

CHINA MAIL

Dutiable FULL COURT

Liquor & Labels

Charges Against Three Men

Three cases involving the alleged possession of dulluble Hquor and liquor duty labels came before Mr Winter at Kowloon this morning. The cases were adjourned until Friday afternoon.

The Arst une concerned Lai Shan-chi, 35, merchant of Kow- Road. Icon Hotel, 2 Hankow

of having was accused

quart-battles of brandy,

eight

Established 1845

MONDAY, MAY 28, 1951.

OF

Between sets.

DRINK

Coca-Cola

APPEAL JUDGMENT

MADE AGAINST KENNEDY-SKIPTON

ined

when there is interference, actual or! P. 60 at p. 78: Commonwealth of would find no right claimed ex- threatened, with the right, and in Australia v. Quince, 00 C.L.I. 221 cept such as sprang from that in the first case by damages or in succeed in an action

that case there is a right to relief, at p. 253 et cetera); and cannot contract, and that under it the function or both, or possibly by Crown for wrongful differed rank, the judgment in any court because therefore, cunsequential relles could appellant had no right to obtain specie performance, and in the lötter, by injuretion. In such cases, of the nature of that contract, be given whether it was or was not

have a

Coca-Cola

FROM THE FILES

100 Years Ago

Mr Justice Scholes this morning read the judgment of the Full Court the Crown and that the Court of Appeal in the case where George Stacey Kennedy-Skipton, former Hongkong civil servant, appealed against the decision of Mr Justice Gould who had held that a civil servant in the position of appellant could not have recovered remuneration by petition of right and that the Court had no jurisdiction to make a declaration claimed by the appellant.

The Chief Justice, Sir 'Gerard Howe, concurred with Mr Justice civil Crown. The appellant cannot be confined to cases where latter is admitted by the appellant any description who may Scholes in the Full Court judgment which, inter alia, read:

ຕ

The

Crown could not enter

ter into Bentmet of service with

which wah binding upon the

declaration on was asking for a contract under which he had Kennedy-Skipton, brought thls of State for

The appellant, George Stacey Right Honourable the Secretary he had been dismissed, that he no rights on which the Courts

the Colonies, to had not been diamksed by might adjudicate. action under the provisions of appoint Mr George Stacey anyone

prior to September, The question which we have chapter XVIII of the Code of Kennedy-Skipton to be Cadet 1948. The appellant Was

to decide is whether or not the Civil Procedure,

the Attomey Omeer. Class 1 with effect from entilled to an enquiry under Court has jurisdiction to make General being made the defen- January 1.

Colonial Regulations, and after the declaration claimed by the IDA dant by virtue of section

The original letter of appoint- six 470

y cars an enquiry was appellant. ment is no longer in the plain-held but all the charges against thereof,

The section of the Code of 11 of whiskey. of various

tiff's possession and the terms the The appellant in his state- and conditions of his employ- Regulation

Civil Procedure appellant were diamisect.

which brands, and 19 liquor labels.

68 of alleges that he ment

Colonial with declaratory judgments is ment of claim second case concerned

bused on Regulations generally

was alone was at all times material in this Colonial

ap- section 177, which is similar te of 16

Regulations. Thero plicable to the procedure to be quart- possession

Order

of the Rules 25, Rule action employed in the Hong, were no verbal conditions vary- 16

usi and bates of whiskey

regarding the

of the Supreme Court in Eng- enquiry, of labels. The defendant in O

and is as follows: Administrative Omeer was Lui Ching-sou, 39,

Class 1. service as a Colonial Adminis- Governor had no power to do

No action 3:0

nd that on February 11, 1942,trative Officer Class 1."

shall be manager of the Red Lion Inn,

anything or to suspend before one Franklin Gimson, a Coloniat 15 Hankow Road,

receiving the

objection the ground that a of the report Administrative Offleer Class allowed and Lui were 1A1

merely declaratory judgment or Unit In the sum of $1,000, and

order is sought thereby; and the de. court may make binding were represented by Mr A.S.C. Comber.

clarations of right whether any consequential relief is or could

Pin

The

The third case concerned, Wong Sit-chi, 41, master of a shop

at 418 Prince Edward Road, ground floor, who was alleged to have pussessed one bottle of dutiable, whiskey and are duty label. Wong was on bail of $500 and was represent-

by Mr F. Zimmern,

On behalf of his two clients, Mr Comber commented on what he called the high baij demand- en by the Pollee. He said that the two men had had their business licences

retained

by the Police, and it was there- fore unlikely they would run away.

Inspector Dewar sold that in rases of this nature. the Police took instructions regarding bail from the Revenue Department.

Are

kong Government as a Coloniul ing the plaintiff's conditions of and under this regulation the ding

formerly holding the appoint- of Colonial Secretary,

ment

kong, but on that date

con-

VARIOUS DEFENCES

statement of

he

pellant

and dismiss

was no

right

WGS

תם

G

be claimed or not.”

other or

open to

ILLUSTRATION

given, and the rule says the doclara tion may be made where consequen-

tial rellef could not be given.

It seems to me, therefore, iltat it

the rule at

The history of the matter

་་

Iaw

And

V.

one

12.8.0.116 at D. 11:

Shenlon v. Smith (895). A.C. 229 at p. 233: Dunn v. The Queen (1890) Gould V. Stuart (1096) A.C.

at 3. 077: Rodwell

(1944) K.B.D. 596 at . 602: Commonwealth of Australia v. Quince, 40 C.L.R. 2277 at 23 233) and " Indeed, the

v. Thomas

that

must

CLAIM

In recent issue we took occasion to notice the injustice done 40

duly qualified law practitioners, through the per- mission accorded to adventurers

or

Have the

assurance to request Judge Hulme to allow them to practise as Attorneys and Solici tors in the Supreme Court of Lest our readers

FOR subject.

US$6,700

Sin

But it is necessary to a proper understanding of this Bill of Costs to explain that an Allen (our readers may suppose the Alien to be a Chinese if they ikke, at all events we are not at liberty to mention the names quite ignorant of the simplest written In the original bill) principles of English law, had purchased a China bullt vessol, and had engaged with an Englishman to navigate her over the ocean.

Register Required

Where is a cause of action apart

Es and that the app may be from the rule.

discloses no right which Dankes LJ. In the same case at recognised in a Court and f con- page 672 referning to the same rule sider that he has no relief against says as follow:

the respondent. I am of the opinion It is the person, therefore, whie that the claim for the declaration this Colony. seeking relief, or in whom a in effect another way of bringing should entertain an opinion that right to refler in alleged to exist, an acilon for wrongful. dlarissaf whore application to the Court is an action woon which the appel: What we said on that occasion not to be defeated because he lant cannot succeed. The appelant was dictated by feelings other applies merely for a declaratory in effect brings two

claime

one than the purest desire to see this judgment or order, and whose ap- for remuneration and one

for Colony rid of plication for a declaration of bi | wrongful dismissal, and

he may calculated to retard its proper every practice Fight is not 10, be refused merely } succeed in neither. denis

because he cannot establish a legál I am of the opinion on the au- interests, we now lay before the cause of action. It is

essential, thorities that the ward right publie however, that a person who seeks in section 177 of the Code of Civil | pul the copy of one of a

Procedure to take advantage of the rule must

mean right series of Bills of Coats which be claiming relief. What is meant which is legally enforceable and

we have in our possession, as by this word relleṭ? When once li does not include a bare moral right. if established, as I think it is ess For these reasona I am of the drawn out and recovered by Mr tablished, that relief is not 'confined | opinion

the decision of the E, H. Pollard, whose recent re- to relief in respect of a chute di learned trial Judge was right and admission, without

that this appeal must be dismissed. | Mas

Abvious action it neettin to follow that the

necessity, is the immediate cause - word itself must be given its fullest meaning. There is, however.

of our deeming it proper to imitation which The respondent raised various committee of enquey, although

must always be could do so

draw attention to this important attached to it, that is to say,” the defences in the

relief claimed, must be something defence and counterclaim, and, the appellant

which it would not be unlawful or under detention by the in porticular, paragraph 16 after receiving the report, but

unconstitutional or inequitable for enemy, purported to suspend thereof is as follows:

he had no power to antedate the

the Court to grant, or contrary to diamissal,

the accepted principles upon which him. He further

that alleges

10, The Defendant claims that SS whereas in this case

the Court exercises its jurisdletion, On April 24, 1943, at Chung-

in any event the plaintiff has the appellant was suspended in

Subject to this Emitation I see king, by letter signed by one

no right to remuneration which suomuted on behalf of the ap-

February 104

1042. It was further

The case of Guaranty Trust Cont

nothing to fetter the discretion of the Court in exercising a Jurisdic- P.CM, Sedgwick, and purport.

pany of New York v. Hannay and

An action involving a claim can be enforced against the

tion under the rule to grant, relief, that there

Company (1015) 2 K.3. .538 in the by ing to be under the discretion Crown this Honourable authority that went so far as to facts of which are

and having regard to general bust against an alleged guarantor of Court of Appeal in England, the

acas convenience and of His Majesty's Ambassador at Court in these proceedings. The decide that a civil servant of lustrates the meaning of the words unimportant,

tance of adapting the machinery of the Chief Justice, Sir. Gerard the impor-in loan of US$6,700 opened before Chungkinh. he

plaintiff may look to the bounty Hongkong could have no right in "declaration of right in the mile was informed

the Courts to the needs of multors hat the Secretury

of State for

of the Crown only. The de-which a Court could assist him, and shows that it is tussential

think the rule thrust receive a Howe, in the Supreme Court the Colonies purported

liberal a construction as possible." this morning. to

fendant will ask that this issue it was contended that the pre-netion rathet a defendant is order Mil) for a plakrtist to have a cause of

DEFINING RIGHTS frm the act of Franklin Gimson

be disposed of as a preliminary sent case was of real value and to obtain a declarators judgment.

Plaintiff was Cheng Yuen- In the case of Hanson

Rad shen, merchant, in suspending him from us appoint of law

eliffe Urban District Caunell, 1922

of 170 Wing pursuant to the of high importance, that the put that fe declaration must be un

Ch. D 490, the plaintiff an assis Lok Street, West, first floor, and pointment as a cadet officer of provisions of section 174 of the appelant should be allowed to giving the history of Cord

tant tescher, had pertala the Hongkong Government until Code of Civil Procedure,”

rights his claim was against the China be heard, that a man's honour pages 557 to 360 says this

under a contract of service which Industrial Bank Buch time as sufcient informa-

The point of law raised by was concerned, and that a Hong- shortly that befors 1862 the Court

of Hongkong she could enforce in a Cher Lld, of Telephone. House, and tion was available as woul this paragraph

claimed that was set down | kong civil se

servant had a right to enable the Secretary of State fo

rights under 10 of Chancery would not give declara.

her contract of Lam Har-ping, merchant, of 10 for hearing before the trial of an injunction or a

service declaration, tory judgments unless at the same

were being abused Connaught Road Central, first advise His Majesty in the the nation but prior to this pro-and to a declaration of what was time it gave consviuential tellet and asked for a declaration matter.

The Crown's

In that year an Act (15 and 10 Vle.

to the effect that a notice given ner | fluor, liminary hearing the Solicitor his stoms.

200) was passed which provided in

terminating her contract was bad. General wrote to the solicitors to dismiss at plezeure

$50 that 'No surt in the said Court He denies the authority of for the appellant informing them admitted.

shall be open to objection on the Franklin Gimson to suspend him that in the event of the respon and he denies, the validity of dent being successful on the the purported confirmation by preliminary point of law, he

for the It was contended on behalf of declarations of right without granung

Court to make the Secretary of State. He al- would submit that the action the respondent that the Court consequential relief. This was inter leges that on January 23, 1048, should be dismissed on

It seems to me that the discretion is guarantee in writing dated July to the young gentleman, whose thehad no jurisdiction to make the preted to mean that such a judgment tial relief could also be given could not be given unless consequen in accordance

with prayed for in the statement of because it was not a declaration although in fact it was not. This

very wide. I think that the order 1990. to secure the repay- business we are now speaking Regulations sat to con- claim was not

of Russell d. was also right on this ment of the principal sum under of. The Allen, then, asked Mr one which the of right that was claimed, It may have been too narrow a

paint, and that the appest should the borrowing note. sitter charges of improper be- Court had power to make or in was submitted that there must struction, as suggested by James L.3

be dismissed.”

Pollard to produce him Judgment had already been Register, and Mr Pollard very haviour against him, and that the alternative was one which be a right claimed in an action until 1883. when the present rule was

words there, so The Important La Cox v. Barker, but prevailed the committee found him guilty the Court ought

far as our caso is concerned are obtained by "Where it is a question of defining Bank, and the action before the Register he should have "never

plaintiff against the not to make for a declaration, and a right passed providing that 'No action or

gravely

him that a assured of improper behaviour, and in

the rights of two parties," because As a result of this letter it was that a Court of law will take proceeding shall be open to objection, where rights are to be defined, the Court was against second de-mind particular of disloyalty, not to agreed between Counsel that cognizance of, and that the juris-ory Jugment or order a sought furlediction is only limited by the dented liability, and claimed my

on the ground that a merely declara: Court may have juridiction which fendant only. Second defendant

being a foreigner, the Crown, but to the Service he proceedings should be re-diation to make # declaration thereby, and the Court may make of which he was a member, und garded as a motion

own to strikes could only be exercised in the winding declarations of right whether must right claimed which that the gua

there

be) quoth he of the legal this finding

guarantee referred to conveyed to hir

cut

of the statement of claim, but case equitable and legal any consequential reller in or could to be defined in order for there to was not under seal and had no form of expression profession, put you through." on April 2, 1949.

that the preliminary He pleads that by letter dated aw originally

be claimed, or not. The first objec. be jurisdiction which in limited by consideration to support it. He imported from Sydney poin: of rights, net in respect of moral dos is that the rule only gives the admitted that right to a declaration as ancillary to September 13, 1948, received by

down for rights. It was

place guarantee! Nixon v. Attorney Genrial, further alleged the hearing should

where there was jurisdiction putting some sight in suit, or, as it li be declder: In

(1030) I Ch.D. 556, a case in which was in respect of an executed and signifying that the business of Mr P's education we belleve, him on September 20, 1940,

also expressed a person can only ask retired civil servants of the Crown consideration, that was to say, a shall be done as it ought to be to make a declaration it was for a declaration when-he-has-a- was dismissed from his employ any event,

brought an action-again the At debt already incurred by the done.) The Bill of costs tells #matter entirely On this preliminary hearing discretion of the Court. It was mut mean a caurs of action apart

tor ment, and that this letter

DI course, trency General for a declaration pur Mr Justice Gould held ported to dismiss him

that certain superannuation allow- Bonk, and was invalid. that a further as from

aners were chae to them. Clauson J. February 11, 1942, but he denies civil servant in the position of pellant Submitted that the ap-front the provisions of the rule.

was in effect claiming think that, if this be the meaning, sald that declaration of right means the the validity

appellant could not have re-judgment such of

HIM | the rule, has no effect whatever, for a declarations of a legal right. retro-

against the Crown a declaration under these circum- dismissal and in the alpetition of right and that there- and peve states

remuneration by that the Crown had done wrong stances could be made before. I find that it was the appellant must fall in that the Crown had no right that Farwell LJ, said in Chapman v.. wrongful.

**fore He alleges that he this action insofar as the

dismiss to

the appellent

Michaelson, quoting Moreover now, re- under the Judicature Act, setions can ($1,100,000 November 30, 1941), and that he for salary and allowances is controspectively, and that this was be brought merely to declare ghar way of bringing an emportant load, and then no refer and that he cerned. The leamed Judge also action for

kind, he could not also a very important innovation," his Jurisdiction to make the declaratio. The Court was being asked if the defendants are right on this paid on

1lon claimed by the appellant, to give a legal decision on the first point it is no innovation at all. 1941, to September 20, 1048, and legal right present or prospec-nor's action in dealings with one But I think the cool principle of

andon the ground that there was no merits or demerits of the Gover-

QUESTION OF RIGHT to rent allowance from Decorative at stake, and that the de- of his servants, and that the authority. If there be a beta

contention cannot

the day he alleges he escaped claration asked for by the ap- Court had no authority to do action spart from the rule there must

pellar was no more than from enemy occupied territory

50. It was argued that any be also a conarquential right to foundation for substantive to Free Chino,

re-term of service must

relief. The mere fact of being e- spring itled to a right does not lief the claim for which could from the contract of service with cause of action, APPELLANT'S

He there- By paragraph 21 of his state-not be maintained.. ment of claim the appellant fore allowed the motion to claims as follows:

HK's Trade With China

(Continued from Page 1)

olassed 鸟

materiais

how

'strategic." Most of this was, moreover, shipped after China Intervened in the war in Korea. But from the beginning of this American year, Japan, under

ate- orders, stopped shipping strate- zie goods to China and since then tade between-the-two countries. In has been severely restricted. 1950 Japan's imports from China were worth $39,000,000 and their

exporte

to China were valued at

in the Bres

$10,500,000. But in

three months of this

corts (mainly of exports

and

their year

MUST BE A NIGHT.

a committee of enquiry con- ground that the declaration declaration asked for in this case

Was

4 worth $2"-motong) received full

in Murch alone) while their

covered his

set

the

under Order

But it was necessary that this vessel should have a Register.. and to assist in getting it, the Cheng, claimed US$8,700, or Allen (attracted doubtless by Sterndale M.. at p.307 grid this its equivalent

"In my opinion,

Hongkong the elegant signboard and ground that a merely declara. XXV., F., declaration, where it dollars as money due under a sprawling gold letters Tory decree or order is sought to make a declaration, where it Chinese borrowing note dated Chinese characters thereby, and it shall be lawful a question of defining the rights of June 22, 1950, from the Bank to the door Intel where dwelleth

binding two parties, is almost unlimited: 1

might may only limited by its own him, and the same amount from "EDWARD

discretion discretion. The

should the second 'defendant under of course be exercised Sudlolally, but

SOLICITOR.")

cause of action. This.

con-

the Court's own discretion,

In

is entitled to salary (less certain word that the Court had no which the appellant dismissal. to Order XXV, 1.5. It seems to me ton allowances claimed. imports from China in the amounts he has received or held two months were worth $3,800,- which have been

000. But since their

imports

from China consisted of essential

the

materials

problem (for America AS well as Japan) becomes clear.

says there

The Economist"

are signs that China may s0011 decide that sewing machines are not worth iron ore and coking coal, and a new problem

own

will then arise.

"Is Japan

to play its full part in the industrial poten- tial of the West?" it asks, "and

11, is

Dulles hopes, to as Mr be able to stand on its financial feet? A new equation will have to be worked out and the solution will be no casier io And than that which the

me British have had on their hands In Hongkong... the British Government will be well with-

In its rights in insisting that the two cases are on an equal fcoting."

Radio Hongkong

H.K.T.

4. Programme Summary: 6.02. "School Qui" St Stephen's Girls' College.v. La Salle College (Studio) Presented By Yvonne Charter and Anthony Cutcher: 0.30, Portuguese Half Hour (Studio); 7. "Gilta Alpar Sings"; 7.15, United Nations Album: 730. "Time For Musle "The BBC Midland Light Orchestra Conducted By albert Vinter (BBCTS); 0, World News and News Analys (London Rolay); 8.15, "Looking At Britain" Ripon, Yorka. Narrated By. Hal Jukes (BBCTS): 5.30, "I Lika What I Like" Presented By Carl ลด (Btudia); D. "From The Editorials" (Recorded Itely): 9.10. Weather Raport: 0.11, "Bligh of Tho Bounty"? By Rex fenits. Episode 7: "Rum Rebellion (DBCTS); 9,40, "Concerto”: Concerto in Minor. Ор 47 (Sibellum) **** Ginette Neven (Violin) and the Phɛharmonic Orchestra conducted

by Walter Busskind; 10.15, “Chanson Francaise 10.50, Dunkirk A Personal Perspective Calved By Twelve People Who Took Part In The vecuation of BEF. In 1940 (IDCB}}_11. Radio News Teel London Relay); 11.15. "Goodalght Mario: 11.30, Wexther Report: God Have The Kings, 11:30, Close Down,

account)

from

December

ber 1, 1941, to January 20, 1043,

CLAIM

atrike out the statement of clairn "(a) A declaration that the and dismissed the action. It is Governor was ultra vires in against this judgment that this purporting to dismiss the plain-appeal is brought

as from February 11, 1942.

ONE ARGUMENT (b) $164,732.45 being ba lance of arrears of salary owed There are several grounds of to the plaintiff and $3,459.70 appeal, but on the hearing be

fore us only one ground was "(c)

thereon until argued on behalf of the appel- Judgment or payment. The lant which is as follows: plaintiff claims interest on the

"1. That the learned judge balance of each year's arrears was wrong in adjudging.....(b) salary and rent allowance that the Supreme Court of Hong-

of

as from December 31 of the long had no discretion in the

year for which the claims is matter of granting or refusing a

made.

declaration that an order pur-

2 other consequential re- porting to dismiss appellant

llet

25

Costs.

Court shall seem just.?

from the Hongkong Civil Ser vice as from February 11. 1042,

Such further or other re- was vold and of no effect."

to this Honourable It was argued on behalf of the appellant that spart from the Further particulars of the ap-claim for remuneration he was Fellant's appointment was given entitled to be heard on his by letter dated April 4, 1950, siatement of claim and to a his solicitors to the declaration in nocordance with Solicitor-General in the fellow-section 177 of the Code Ing terms:

Civil Procedure, 16.was sub- "1. The plaintiff was selected mitted that the letter of April for appointment, after examina- 24, 1943, purporting to confirm tion, for the Hongkong Colonial

the suspension of the sent

from

Administrativo Service, in until each time as

October, 1021, to take

of

effect information was available as to

from December 31, 1921, The enable the Secretary of State

plaintiff was

placed on the

cadre of rolldated Colonial

advise His Majesty, noted

as an estoppel, and that. It was Impiled

in that Jetter that

the

dive Service with effect from there was not sufficient January 1, 1940. This apppoint formation at that time avail- ment is notified in Government able to do more than suspend Notification, No. 6 of January

ary the appellent and shut it was a 3, 1041, as follows:

plaint intimation that he was His Excellency the Omcor not ́at, that time dismissed. Administrating (tc), the Govern. It was contended": that the ment has been pleased, under sopdiant had never been dis- instructions received from the missed or in the alternative if

SIDE GLANCES

4-11

είνα

Д

which only arises;

NO LEGAL RIGHTS In the same case in the Court of Appeal, it was held, inter alle (affirming Clausoni J. who dismiss- ed the action) that the plasture had no legal right enforceable in B. Court of Jany to the superannua-

torney General,

In the case of Kynaston V. At- 49 TLR. I, a retired army officer claimed des claration that the Army Council had not properly dealt with certain

them. Farwell J., held what the action would not he and dismissed

complaints which he had laid before

1.

In the Court of Appeal. the

Mr Brook A. Bernacchi, in structed by Messra Wilkinson and Grist, appeared for plain tiff, and Mr D. A. L. Wright, instructed by Messrs Johnson, Stokes and Master, represented the second defendant.

The hearing la proceeding.

Comet's Fast

your

and

attached to

POLLARD,

chanced to apply

the

all the remainder of the lule,

д

We have only to add that the Alien, much against his will, paid the $88%, a very large portion of which was solely for teaching Mr Pollard a lesson In Colonial law. From the day that that bill was paid to the present hour, all the return the Allen has ever got from his vessel is the pleasing report that the salling master has sold her, and will remit the proceeds by the first convenient epper- tunity offering after he reaches Rome, May 27.

whither Britain's de Haviland "Comet

he has the world's first jet alaliner fear the loss of his money be

ed. The Allen does not

Flight

Master of the Rolls in diamiestn the appent said that the judgment flew into Rome today three hourTS - of Farwell J. was right and that

from Cairo,

the action was misconceived.

Llandudno Urban District Coune!!

Ing Master

and 35 minutes after taking off well known to be a

causo the salling

but superfectly v. Woods (1890) 2 CH.D. 705 show- Flying at 45,000 feet against honourable man, but such might

By Galbraith that declarations might be made strong head winds, the four-not have been the result, and

COM/İst are MRA MERVICE, MC, T. AÅ ADD. 1. IL FAT, OFF.

"Why does she push us out if they're only going to sit there and talk about the weather?”

In respect of rights which were of engined plane covered the 1,170-80 owing to Mr Pollard's trivial value.

the Allen might have In Dyron. v,

General nautical mile hop in only 23 norance Attorney (1011) 1 K.B. 410. It was said that minutes more than it took on the Allen is still very sore on the suffered ц very serious loss. The actions should

diamissed outward Rome-Cairo flight on ubject however, and vows that which raised questions of publie Thursday. Importance(100· Farwell 17. at

it is the last business he will The Comet's Middle Eas, visit | p.420) or in cases where any real point of dimouity requiring judicial-Its first oversens development ever put into the hands of the decision has occurred (see Farwell flight for the British Overseas incipient Jawyer, who has L. 3. at p.424 quoting the Lord Airways was, to prepare the evinced to him the truth of the General; but in respect of Dyson's way for the world's first all-jet oft repeated adage "a Uttle ease Et the Court of Appert in service, which it is hoped to start learning is a dangerous thing.”. England the Master of the Rolls by the end of the year-Reuter. Kynaston's cam (to which I have already referred) sald this (at page 902);~~-

Chief Baron in Deare v. Attorney

"The action was brought for a declarations against the. Altorney General, an iö Dyson v. Attorney General (27 The Times LR. 143; (1911) 3 X3, 410), (3) sun well to recall that the precedent then laid down was in respect of the con- struction of an Ket of. Parliament Involving to rights of the King's subjects. It was not a question with regard to the servies of any person to HM. the Klog in any of the forces. Such a decoratingï'os was naked for In Dyson's caso ímpra) bare no analogy to that asked for in the present proceedings, and it did not weNITI boutible by: Moans of the declaration sourist – in this case to obtain, ʼn decision. on the merits or demariis of the Army Council."

WELL ESTABLISHED

INTELLIGENCE TEST

SOLUTION:

The several results must have been!

and' it will be found that the other conditions can only be compiled with if the “longue table" in an under:

dosts

A

A

D

. Clearly, a is Boeotia and ols

#t, fallows that Phrysin drew with Sparta 2-

Landon Ardress Service.

CHECK YOUR : KNOWLEDGE Answers

Bill Of Costs

To E. H. POLLARD Dr. Instructions to procure Roginder for the litera Attending Colonis! Offee ... Attending Attomey General

The Colonial Secretary having informed me that you could not hold a Register, Instrue.. tion for Bill of Bale, you to Calling master) and several long attendances on you, ... Drawing samo Engrossing.

Attending for algnature Drawing Bond to queen Engrossing Drawing, declaration of Owner- Engrossing

Drawing Certificate of Registry and Indorsement, engrossing and entering. Attending Colonial Office Governor for signature. Paids fate w Thatructions for notarial copy

I also think that, Dyson's case bears no analogy to; the present 1. They are a branch of the Case, which consider more nearly Apennines. 2. World Health Or- relate the veinion that no matter ganisation p of South Amerka.

to· Kynaston's case, 'I'm

Edward Whyene- of public Emper moe, nequinal por. 4. The in Judicial decision of the Court steg b. A nautical mile (0,000%K), 8. *RECR in this case, I consider thất (t ji

well established that a parson in Oil for docking and making the position of the appellant can candles, The, fuzz is used, in the not succeed in an action against making of paper and guncotton. the Crown the pennuneration;

[

**** 10 Mitchell v. d'Queen (180)-14.00. 11 at 5a10; La

mnes v. 7324 King (imo) 3'3.EX. 90 Ni [SÄIVISION V. The Admiralty,

to

Paid Notarial Charges

Resolved payment.

CONG SARE

11. POLLARD.

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