CO129-171 - Acting Governor Austin - 1875 [7-11] -- Sir Kennedy - 1875 [12] — Page 145

CO129 Colonial Office Hong Kong Records 理藩院香港檔案 All AI Reviewed

142

Thursday the 13th of May.

The plaintiff is heavily indebted to the Hong Kong and Shanghai Bank, and he has assigned to the Bank, with other property, the alleged debt sued for in this suit; and it came to my knowledge that the Chief Justice is a shareholder in the Bank. I took the earliest opportunity of calling His Honour's attention to this state of affairs. His Honour would thereupon have left the Bench and matters must have come to a deadlock, unless I had accepted the only alternative of consenting to his Honour hearing the appeals - a position in which all persons will be placed who happen to be litigants with the Hong Kong and Shanghai Bank.

Upon the 13th, 14th and 15th of May the whole case was argued. The plaintiff, for the first time, suggested that the King of Annam, by the letter to the Chief Justice brought here, had submitted himself absolutely to the jurisdiction of the Court and that he could not now "object" to the seizure of his ship, whatever he might have done at first. The whole matter was discussed on all points by both Counsel in order that this hearing might be final, as far as this Court is concerned, but the Bench, intimating that the order for setting the cause down for hearing seemed to preclude the defendant from asking for a decision upon the jurisdiction of the Court before the hearing, I applied to amend the petition so as to ask for a decision, notwithstanding that order. Kaylar consented.

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142Thursday the 13th of May.The plaintiff is heavily indebted to the Hong Kong and Shanghai Bank, and he has assigned to the Bank, with other property, the alleged debt sued for in this suit; and it came to my knowledge that the Chief Justice is a shareholder in the Bank. I took the earliest opportunity of calling His Honour's attention to this state of affairs. His Honour would thereupon have left the Bench and matters must have come to a deadlock, unless I had accepted the only alternative of consenting to his Honour hearing the appeals - a position in which all persons will be placed who happen to be litigants with the Hong Kong and Shanghai Bank.Upon the 13th, 14th and 15th of May the whole case was argued. The plaintiff, for the first time, suggested that the King of Annam, by the letter to the Chief Justice brought here, had submitted himself absolutely to the jurisdiction of the Court and that he could not now "object" to the seizure of his ship, whatever he might have done at first. The whole matter was discussed on all points by both Counsel in order that this hearing might be final, as far as this Court is concerned, but the Bench, intimating that the order for setting the cause down for hearing seemed to preclude the defendant from asking for a decision upon the jurisdiction of the Court before the hearing, I applied to amend the petition so as to ask for a decision, notwithstanding that order. Kaylar consented.
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142Thursday the 13" of May.Landstem the plaintiff is heavily indebted to the Hong Kong and Thonghai Bank, and he has assigned to the Bank with other property the alleged debt sued for in this suit; and it ___Comehaving vor to my Knowledge that the Chief Instice is a shareholder mshareholder m the Bank I took the earliest opportimity of calling His Honours attention to this state of affairs. His Honour would thereupon have left the Bench and matters must have come to a dead lock, mbes I had accepted the only alternative of consenting to his Honour hearing the appeals a position in which all persons will be placed who happen to be litigants with the Hong Kong and Shanghai Bank.#Upon the 13" 14th and 15th of May the whole Case was argued the plaintiff for the first time suggesting that the King of Annam by the letter to the Chief Justice brought here by submitted himself. absolutely to the jurisdictionWai Yin had of the Court and that he could not now "object" to the seizure of his ship whatever he might have done at first. The whole matter was discussed on all pomto by both Counsel in order..00 that this hearing might be final far as this Court is concerned, but the Bench intimating that the order for setting the cause down for hearing seemed to preclude the defendant from asking for a decision upon the jurisdiction of the Court before the hearing, I applied to amend the petition so as to ask for a decision,Kaylar notwithstanding that order Mconsented
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142

Thursday the 13" of May.

Landstem the plaintiff is heavily indebted to the Hong Kong and Thonghai Bank, and he has assigned to the Bank with other property

the

alleged debt sued for in this suit; and it ___

Come

having vor

to

my Knowledge that the Chief

Instice is a shareholder m

shareholder m the Bank I took

the earliest opportimity of calling His Honours attention to this state of affairs. His Honour would thereupon have left the Bench and matters must have come to a dead lock, mbes I had accepted the only alternative of consenting to his Honour hearing the appeals a position in which all persons will be placed who happen to be litigants with the Hong Kong and Shanghai

Bank.

#

Upon the 13" 14th and 15th of May the whole

Case was

argued the plaintiff for the first time suggesting that the King of Annam by the letter to the Chief Justice brought here by submitted himself. absolutely to the jurisdiction

Wai Yin had

of the Court and that he could not now

"object"

to the seizure of his ship whatever he might have done at first. The whole matter was discussed on all pomto by

both Counsel in order.

.00

that this hearing might be final

far as this Court is concerned, but the Bench intimating that the order for setting

the cause down for hearing seemed to preclude the defendant from asking for a decision upon the jurisdiction of the Court before the hearing, I applied to amend the petition

so as to ask for a decision, Kaylar

notwithstanding that order M

consented

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