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13.
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Civil Procedure that Judgment should be entered for your Petitioner or for Review of the Decree but such Motion under the circumstances hereafter mentioned was not brought on for Argument.
The Plaintiffs on the 30 April 1885, and after final Judgment took out a Summons in the suit before His Honor the Chief Justice in Chambers for an Order under Section LXX. of the Hongkong Code of Civil Procedure to be put into possession by the Sheriff or other Officer of the Court of land which was in the said Summons referred to as the land which by the Decree of the Court was declared to belong to them the Plaintiffs.
On the same day, the 30th April 1885, an Order was made in Chambers on the said Summons that the Registrar should proceed to the Land and settle the boundary upon the land which had been found by the Decree in the said suit to be the boundary between the parties, the Registrar to be attended by the parties, their respective Solicitors and such Surveyors as they might call on either side.
15. On the 11th of May 1885, the Acting Registrar of the Supreme Court proceeded to the Land accompanied by the Honorable John M. Macneile Price, Her Majesty's Surveyor General of the Colony, and your Petitioner and Mr. Vanby, and on the 11th of May 1885, he made his Report of that date to the Court. The said Report, after stating the said here and the said Order of the 30th of April 1885, proceeded as follows:
"In accordance with the terms of such Order, on May 11th 1885, I proceeded to the land accompanied by the defendant and the Honorable John Macneile Price, Surveyor General, and William Canby. I called on Mr. Vanby to point out his line of demarcation between Lots 15 and 38, and Lot 184. On his doing so, it appeared that the point at which the said line cut the Northern boundaries of Lots 184 and 185 was settled and agreed to by all the parties. So that the only point at issue was the point at which the line of demarcation cut the Southern boundaries. Mr. Vanby fixed this latter point...
"Mr. Vanby in his evidence given at the trial explains how he arrived at this point. 'On page 154 of Chief Justice's note book he says: I fixed the S.W. point of Lot 185 by typing... On page 152, The N.W. corner of Lot 38 was... Slips, but two inches off it into corner of MacDonald's buildings: 12 feet 8, from corner of dwelling house of MacDonald's... He fixed the point again on February 2nd 1880, by means of dwelling house, and again on December 10th 1881. On page 35 of shorthand notes of cross-examination he shows how he fixes the...
...
314
13.
14.
bivil Procedure that Judgment should be entered for
your
Petitioner or for
đ
Review of the Vecree but such Motion under the circumstances hereafter mentioned
was not
not brought on for Argument.
The Plaintiffs on the 30 April 1885. and after final Judgment took out a... Summons in the suit before His Honor the Chief Justice in Chambers for an Order under Section LXX. of the Honghong bode of Civil Procedure to be put into posession by the Sheriff or other Officer of the bourt of land which was in the said bummons referred to as the land which by the Vecrée of the lecurt was declared to belong to them the Maintiffs..
or
On the same day the 30th April 1885. an Order was made in kehambers on the said Summons that the Registrar should proceed to the Land and settle the boundary upon the land which had been forend by the recree in the said duit to be the boundary between the parting the Registrar to be attended by the parties. their respective Solicitors and such Surveyors as they might call on lither side- 15. On the 11th of May 1885. the Acting Resistrar of the buference leourt proceeded to the Land accompanied by the Honorable John M. Mate Price Her Majestys herveyor lineral of the holony and your Tolitioner and Mr Pauly and on the 11th of May 1885. he made his Report of that date to the leourt. The said Report after stating the said here and the said Order of the 30th of April 1885. procceded us follows :
In accordance with the terms of such Order on May 11th 1885 I proceded to the land "accompanied by the defendant and the Honorable John Macneile Price, Surveyor "General, and William Canby. I called on to Canby to point out his line of "demarcation between Lots 15. and 38. and Lot 184. On his doing so it appeared that the point at which the said line out the Northern boundaries of Lots 184. and 185 was settled and agreed to by all the parties. So that the only point at issue was the point at which the line of demarcation cut the Southern boundaries. Mr. Vanby fixed this latter point for
"Mr
ane-
4. Wanby in his evidence given at the trial explains how he arrived at this point. "On page 154 of Chief Justife's note book he says: I fixed the S. W. point of Lot 185.
by typing t
On page 152.
The I. W corner of Lot 38. was
Slips, but two inches aff-
it into
corner
of Mad Conaldsbuildings:
12 feet 8, from corner of dwe
co of devellinghouse of MacDonald's
"He fixed the point again on February 2th 1880. by means of dwellinghouse, and
"again
on December 10th 1881.
On page 35. of shorthand notes of crop examination he shows how he fixes the ...
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