1909-06-15 — Page 3

SUPREME COU*

Monday, June 14th.

IN ORIGINAL JURISDICTION.

[BEFORE TO FULL COUNT.)

A COLICITOR'S CONDUCT QUESTIONED.

Ordinance 187), and in the matter of a solicitor.

This was au application calling upon C. F. Dizon, a solicitor of the Supreme Court, to show cause why he should not be removed and strack off the roll of solicitors.

who were in a position of trust, and it was their Lordships' duty to see that no fit and proper

THE HONGKONG DAILY PRESS, TUESDAY, JUNE 19TH, 1909.

jury, but in this Colony it seemed perinetly clear that the tribunal which must try this eas was the Supreme Court. There was no perso who could stand in the place of the Master, nor anybody who would stand in the place of the Incorporated Law Society; therefore this was the Court, whether it be a judge sitting

with must be taken, and by himself or the Full Court, in which disciplinary maurce against

a solicitor.

the constitu-

was quite conceivable that by sending the case The Chief Justice-There is nothing to pre-plicated question of facts should be decided by a j to the oriutual court their Lordships would be vont in ordinary person from applying to the person continued as an officer of the Court.

putting a greater onus on the plaintiff. It Conit to have anyone strack off the rolls.

Mr. Calthrop admitted that there was not, The Chief Justice said it seemed to him that might be putting him in a position in which there was a hiatus in the argument. The ho could not lay the case property before a jury, but statel that as a matter of fact counsel always question was a technical one whether this dis and Counsel submitted that the Court would appeared on behalf of the Incorporated Law ciplinary watter was a criminal matter or not. to inflicting a very great hardship upon him. Society as well. It was advisable that proceed- But to say that in any case the Court was not Supposing the plaintiff would not prosecute, ings of such a nature should be taken by indo In the matter of the Legal Practitioners asked to find whether the soliciter was guilty of and that was the sepest of the case which pendent persons, and not by the aggrieved a criminal offence with which he was charged was to be considered, there would be the extra-party. Regarding the question as to whether seemed to him to be quite another matter, ordinary position that although there were this was a case which the prosent Court ought tiou of the Court came power to samona jary that was to say, supposing a question aros How could the Court say whether a solicitor indictable charges on the affidavit the solicitor to try; he submitted that the only cases in was a fit and proper person to continue on the eauld not be struck off the rolls because the which a solicitor was charged with a criminal of such a complicated nature that it would be his Lordship would have little hesitation in giv rolls, who was charged with omberalement, if High Court refused to exercise its jurisdiction offence, which the court could deal with in its only fair that it should be tried by jury. Then they did not find him guilty of embezzlement. That would be an absolutely anomalous position my jurisdiction. Word Broily, coining expression to his views, which were support- The Chief Justice The Attorney-General which a solicitor had already been before the ed by Justices Cockburn and Blackburu. He criminal court; and secondly, cases in which, agreed that this disciplinary power having been can prosecute.

a gase whom it was put before them and a rale after a solicitor had been called upon to show vested in the Court, thoy could not refuse to hear cause he had noglected to show cause or admitted nisi granted. Therefore he thought the case

The same principle hold good should be heard before the Fall Court.

The Paiane Judgo said he agreed with the the offence. now, although the procedure was different.

Chief Justice. And although every year one say mason reporteri in newspapers in which solicitors were struck off the rolls, nevertheless it was always notice. able that when a man had been struck off on the ground of committing a criminal offence, it was always after conviction.

Mr. Pottar-You find certain charges have been proved, and you say whether person should remain on the rolls. I shall prove to your Lordships hry a long chain of casos that there practically never has been an instance in which the Court hos refused to act, or has denied that it haal jurisdiction.

The Chief Justice All I am saying at prosent is that I see no relation between the two propositionK.

Mr. E. Pottar, instructed by Mr. C. D. Wakinson (of Mesars. Wilkinson and Grist) r. H. G. Culthrop, mude the application, and instructed by Mr. J. Scott Harston (of Messrs. Ewens and Hareton) represented Mr. Dizen.

Mr. Potter said he thought it would be better if, at the outcot of these proceedings, he dealt important matter, mely the with an jurisdiction of their Lordships Court in a case of this kind. This was a motion calling apon one, Clive Fletcher Dixon, to show cause why he should not be struck off the rull. He thought he could make the question of jurisdic -dion perfectly clear to their Turdships if he dealt with the old procedure and the new pro codure is England. He meant by the old procedaro, the procedura in vogue before the assing of the Solicitors' Act. of 1888, which must apply in this Colong. By the new procedure he meant the procedure now in vogue in Enly trying this case. No matter what the verdict gland. Before the passing of the Solicitors Act of 1888 the procedure was this motion was made to the High Court and an affidavit was put in by the plaintiff in a matter of this kind. If that affidavit contained any charges of a criminal nature the Court, in fairness to the defendant, always said: "We will not compel your to answer that affidavit by another

sfdavil."

Counsel thought the reason was obvious, because if the court made an order that the defendant should answer by affidavit he was really in a dilemmis, because he must answer the afidavit or be guilty of contempt of Court. On the other hand, if he answered and was guilty of the charges, then he had put is a false and lying affidavit. Counsel would submit to their Lordships that this was the only indulgence

the Court would show towards the defendant- But what the Court would do, and what their Lordships would had in all the decided cases was this: The Court would say "We will. make an order that you should show case why you should not be streck off the rolls. That gives you an option of answering the charge or not as you shall think fit The Court did pot compel him to put in a falso sintement or any statement. But if he did put in a state- ment or file an affidavit, and on the face of that affidavit there was a prima facic defence that was to say, for instance, if there was a total

denial of the charge as in this case-then the Court referred the whole matter to a Master. The Master heard the evidence on both sides vira voce; he heard counsel on both sides; he reported his findings on the evidence to the High Court, and the High Court noted accordingly. That was to say, if the High Court considered that on the fudings of the Master they were justified in striking the solicitor off the rolls, they struck him off. If they thought it was sufficient punish- ment to suspend him for a certain time they did so. If they thonght the matter ought to go no further, it went so further. That was the old Common Law Procedure, and must apply to this Colony. The only difference was that there were no Masters here, and of course wliat -happened was that their Lordships fulfilled all the functions of Mastere.

The Chief Justice--I do not know that there are no Mastore here. There are certain Inno- tions of a Master which are performed by an officer who is called the Registrar.

.

Mr. Potter-He is far from being on the Mame footing as a Master.

There are many

↑

Mr. Fottar said it went to prove that the proceduro in a cuss of this kind sa purely civil prosedure, and he would show their Lord- ships that it made a considerable difference in a case of this kind. Furthermore, suppose the Court took this standpoint: "We will not adjndicate on this case; we will see the defen dant tried by a criminal jury." That would not relieve the Court from the outs of ultimate-

of the jury, whether guilty or not guilty, their Lordships would be compelled to go into the case ab initio to go into the merits of the case to decide whether this person was fit and proper person to be an officer of the Court. There were cases where a jury had found person not guilty, where the Court had struck him off the rolls. Then there were cases whers juries had found a man guilty, and the Court had refused to interfere, remarking, that he bad beon punished onengh,

The Chief Justice-The procedure which you are referring to is quite well known. It obtains in the Civil Service where a civil ser vant's acquittal in Court does not prevent the Governor-in-Executive-Council missing him.

frem

Mr. Potter said his next point was to prove to their Lordships beyond any doubt that the Court would never hold itself, not although a charge of a criminal nature was made against a defendant, and although the defendant did not admit the truth of that charge. The cos for the last fifty years were absolutely condu sive in proof that although a criminal charge was imputed to a defendant, and although the defendant denied that charge, still the Court in the exercise of its disciplinary Jurisdic- tion, would investigate it. No suggestion of sending the defendant to a criminal jury could

be listened to.

two

The Chief Justice In the first

ont that the proceed cases yon pointed ings were disciplinary, not criminal. You now point out that the evidence in two cases might not be the same, and the suggestion occurs to one that evidence would be admissible in disciplinary proceedings which would not be admissible in criminal proceedings.

Mr. PottarI was going to deal with that

point.

The Chief Justice Unless you have very strong authorities, I don't think that that will hold water. The admission of books is allowed in certain circumstances under the Evidence Ordinance in civil proceedings.. I doubt very much whether disciplinary proceedings are civil preceedings for the purpose of that Ordinanes,

Mr. Poltar-Then we would have the dim. enity of getting the material witnesses, which world be compelling us to come into Court with an imperfect case.

The Chief JusticeWhy should it be imper fect? I don't think the hardship on either side goes for much.

Mr. Fotter The Courts have never considered the point of view your Lordship refers to

The Chief Justice-I am not mying your argument on the authorities is not strong,

Mr. Pottar-What I say is that Courts have nerer considered that point which your Lord ship is trying to consider. They have always considered the defendant as an officer of the Court.

The Chief Justice--I can appreciate all that. Mr. Potter-Judges in other cases say, His conduct has been such as will justify us in striking him off the rolls." They do not says, This man has been found guilty of embezzle ment,"

The Chief Justice-If a man is guilty of emberalement and struck off the rolls on that account, it means to say he is guilty of embozzle ment. Although ncharge of embezzlement may of that that will warrant him being struck off be actually made, circumstances may fall short

the rolls.

Mr. Potter-I submit the Court must lo bound by the sees quoted.

The Chief Justice Supposing the facts were so much in conflict that the Court felt that the only proper way would be to send the man to the jury. What would then be done?

Mr. Pottar-If the charges are not brought home against the man what happens is that he is not struck off the roll.

The Chief Justice-It is not a question of the case being brought home, but of the case being so doubtful that we think it ought to be brought home.

The Chief Justice-What is your authority? Nr. Pottar-My friend can hardly cite the newspapers.

1ho hearing of the case is fixed for 10.30. a.m. to-day,

SHANGHAI PUBLIC COMPANIES

THE A. BUTLER CEMENT TILE WORKS, LTD.

The fifth annual general moeting of shore. holders of the above company was held at Mr. Shanghai last week. There were present: J. Ambrose (presiding). Messrs. G. Davies, C. R. Burkill and F. E. Schnorr (directors), a newspaper reportD. W. Crawford and J. E. Denham.

Mr. Calthrop There are none the other way. Mr. Potta My only objection is that my friend objected to which I had in black and white, and now he says he is going to rely on the newspapers.

At this stage the Couri adjourned for tiffin, resuming at 2 p..

The Chief Justice said he thought it would simplify matters if he stated once more what the real difficulty was. A great deal of emphasia has been laid on criminal proceedings. The difficulty the Court felt was, where the ote waredisputed, whether that should not be decided by a jury. He was net omphasising the fact of criminal proccodings.

a

Mr. Fottar said he would deal with the point in his reply.

a

Mr. Calthrop remarked that, if their Lord ships went through each of the five cases quoted by Mr. Pottar, they would find in everyone of them that the facta amounted to an admis sion that the defendant had been guilty of mach misconduct as would entitle the court to exercise summary jurisdiction. When

solicitor, even though that complaint involved a man had any complaint as to the conduct of briminal charge, he could fill an affidavit and move the Court that the soliciter should show cause. But when the Court found there was an answer to a criminal charge they would not Mr. Pottar-The Court, as I have told your deal with it themselves, but have the case tried Lordships, refers this matter to a Master, and by a jury as in other criminal charges. There the object in referring it to a Master is that it was good reason for their Lordships to say that should be investigated outside a public court; this case was one which ought to be submitted not where, if the charges are not proved against to a jury. Their Lordships knew that when seter has been besmirched. The cass is heard appeared on the statement of the plaintiff that a felony had been committed, the practice of in a Master's Chambers so that if the cart seo

the Courte was to say that the plaintiff should they are not justified in striking him off-the rolls, the defendant's good name and fame does not proceed with the case until he had first not suffer. I propose that the case should be prosecuted for felony. tried in accordance with the old procedure.

bim, the man is still rained because his char.proceedings were taken against a person, and it

The Chief Justico-By hearing witnesses. Mr. Pottar-It is certain your Lordship can sot in accordance with the old procedure. The case could be heard by one of your Lordships, who could report to the Full Court, or else it can be heard by the Full Court.

The Chief Justice Directly you admit that the Court has to sit and hear this case, does not it follow that it might call in the assistance of a jury!

Mr. Pattar--No, my Lord,

Mr. Pottar-I think it is evident from these

The Chief Justice-I want to see how far two cases that the procedure is purely a civil

you go. Your contention has been against procedurs. If this is not a jurisdiction in soriminal proceedings. criminal case or matter, evidence cannot be of a

Mr. Pottar-Your jurisdiction is as between criminal character, and the rules of evidence master and servant. The Court is the best cannot Im such as only in a criminal court. It

The Chairman said: We are glad to have been able to put before yon such a comparative- ly favorable report for a year, which, taken all round, has not been a very prosperous one for local trade, and I think we may congratulate ourselves that the expectations we had last year did not come tras. Our turnover was good and low exchange has been in our favour for thebetter part of the year, and consequently we are able to recommend to you the payment of our nemal dividend of 6 per cent after making good provision for writing off on plant, machinery and mildings

usual. But besides this we propose to carry forward to new account the Habatantial balance of some two thousand odd Taels This may appear rather large to you, bat the demand for our roof-titles especially has increased in a pleasing way so that we have accepted the proposal of our managing director, to add another machine for the manufacture of roof tiles to our plant, and eventually another of this if necessary, and to meet the expenses

fatare profits, addition with past rather than we propose to carry forward the above amount. The machine has been ordered already and will in all probability be ready for work in another design, turning out a tile even superior to thos month or so, and as it is a machine of the latest we are making at present, it should prove a good investment. As to the rest of the secounts, they speak for themselves, there are no bad debtá to provide for and we do not own anything to anybody. This is all I wish to say to you to day, but before putting the nanal resolutions to the meeting, I shall be glail to answer such questions converning the company affairs ar There being no questions, the following, anyone may wish to ask.

resolutions were adopted-

That the report of directors and accounts as passed, and that a dividend of mix submitted

Mr. per cent, equal to ms. 5 per abere, be a proposed by the Chairman and seconded by

Davies.

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54-14

RAILWAY CONSTRUCTION IN CHINA.

Mr. Lonsdale in the House of Common recently, asked the Secretary of State for Foreign Affairs whother the arrangement reported to have been conclwled with regard to the cou- struction of the Canton Hankow Railway would ensure that British firms would have first option of executing orders for materials purchased out of China, in accordance with the agreement. signed on September 9th 1905, with the Chines Government

Mr. McKinnon Wood (Glasgow, St. Rollox,

Min.) replied-I understand that the arrange- ment just concluded contemplates the distribu- tion, in equal proportion so far as is possible, ol orders for material among the firms of the three countries who are parties to the arrangement, This applies to the Canton-Hankew line, as well as to the Hopeh section of the Szachnau The Puisne Judge-Is that modern doctrine?

At the tenth ordinary general meetingofshoreline, and to any other lines which may be con- Mr. Calthrop-It depends or circumstances,

holders of the above company the Chairman said:structed in the future I-mast point out that The Chief Justice-My impression is that sil-A year ago we had concluded a contract with the agreement of 1905, to which tho hon, cuaos are negative. This is a case in which the rule won't apply; what the rule is, moldy

know.

Mr. Calthrop-I will admit there is a conflict on the matter,

Tho Chief Justice-I don't think you will find a single case in which the principle has

ever been acted on.

Mr. Calthrop-I can cite a cass at once. The Chief Justice A civil case stopped for

criminal case to go on?

The Paisne Judge-That was a long

ngo,

a

time

things a Master can do that a Registrar vannot. ] is simply a case wì, e you are the master and Judge to consider whether a person is u fit uns geeding Counsel submitted that this was a Caseable cost. In the report I mention that the

he is a servant The whole procedure is absolutely the saine us in the conducting of a civil case.

proper person to continue one of its officers.

The Chief Justice-The question is whether a crime has been committet.

Mr. Calthrop-A bout forty years ago Pru

which ought to go before a jury and not be left to be tried on affidavits. In common fairness to the defendant he should have an issue of fact of this description left to a jury.

amber refers, did netexclude competition from Chinese Governinent, thongh the question as to foreign firms as to the terms to be offered to the the limits beyond which such competition would not be in accord with the spirit of the agree ment is one which his Majesty's Government found it necessary to raise in the course of the negotiations

Mr. Lonsdale.Is the hon. gentleman aware that these railways were to be constructed with British capital on the understanding that the contracts should be given to British Erma?

Mr. MoKinnon Wood-No, Sir; the state ment of the hon. member's is not accurate.

MEDICAL TEACHING IN CHINA. The movement in the Harvard medical school for the establishment of a medical school in the Orient, preferably China, is assuming definite proportions and has been approved by President Eliot and the faculty of the medical school. The following are active in the movement. J. P. Leake,'04; W. 8. Whittemore, '04; W. H. Hilter, Dr. I. Hartshorn, C. C. Haskell, M. R. Edwards 4. L. Patch, A M. Dunlap, . P. Gannt and C. A. Hedblom,

the Council covering a franchise of thirty years. has been since entered into, thereby socuring A similar agreement with the French Connell harmonious working of the services between the two Settlements for the period above mentioned Another important business concluded during the twelve months has been the selection and ordering of the new switch board and the machinery appertaining toit at a cost of £14,686, Last summer we advertised for tenders and on the 31st December, when they were opened, there were 27 offers, 24 of which were by local firina noting as agents for manufacturers in various parts of world. From these ve selected the lowest tender in accordance with our specification, it being £9,000 balew the highest one and we are satisfied that you will have the best plant obtainable at a very reason- service has been on the whole satisfactory but, this I do not include the Pootung service which I am sorry to say, has been for the last six months more or less unsatisfactory owing to 1

ofrequent interruption of the river cable injured by vessels anchoring over it. These vessels have been mostly under the British flag. The French Court here decided a case in our favour and the decision,

then no French vessel Courion, upon appeal, was upheld by the Supreme

They have received dofinite iuritations from Mr. Pottar-Your Lordshipe jurisdiction is

That of course would not be a criminal charge. navigating the upper reaches of the river has Viceroy Tuan Fang and others.

It is proposed to raise an endowment found. simply disciplinary. There can be no one better

Mr. Pottar agreed, and remarked that when British Court would render the service more The board of trustees is as follows: Charles

injured the cable. A similar verdict in the able to consider whether a person is a fi and

Your W. Eliot, chairman; Dr. H. P. Walcott, proper person to be one of i

a of its officers than the the evidence was heard there might be a coefficient to our Pootung subscribers.

siderable amount which would not be in any way Directors made arrangements for the issue of 58; Dr. A. Tabot. 72; Dr, W. T. Council- Court itself.

criminal in its nature, but which might justify Th. 350,000 Debentures at 5 per cont. Of these man, hon, '99; Dr. W. B. Cannon, '96; Dean H. The Chief Justice-That is a subsequent the Court in suspending the defendant or strik Tls. 20 have been no issued and were pro- A. Christian of the medical school and Prof E.

draft at the ank and to meet the immediate Committee of the Incorporated Law Society in criminal jurisdiction, then I submit it must be question; the previous ons is whether the charge ing him off the rolls., Jr. Calthrop had stated mpily taken up, enabling us to pay off the over- Moore.

is proved. the first instance, and then the committee civil. Cases are arranged into two classes; one reported to the High Court, and the Hight in which you can appeal, and one set in Court acted accordingly. This was all laid which you cannot. As I have said, the person down in sootions 12 and 13 of the Aot. His ex whom we may call the plaintiff can take one of whether it could not be. step was to prove to the Court that their

two cases. He can come either to your Lord. jurisdiction in a case of this character was a disciplinary jurisdiction, and not criminal. Inships Court, or else he and go direct

criminal court.

The Chief Justice The argument seems to me to be still as strong. Supposing, in inter

Proceeding, Counsel said a Master could order that a judgment be entered. Regarding this procedure be submitted that what would happen in this case was that their Lordships sitting as Full Court should refer this matter to one of the judges who sat on this bench; that he wouldpreting the Evidenco which begins “In all Civil report, and then the Full Court could decide proceedings", the Court said, "this is not a civil what was to be done; or in the alternative, that the proceeding, it is a disciplinary proceeding "► Full Court would hear the case now.

Mr. Potter-My answer would be, this is not procedure was that by the Solicitors Act of a criminal proceeding, and if not criminal, 1888, a committes of the Incorporated Law what it is ? Society had been substituted for the Taster in chambers; that the Court could direct the

The new

other words, a solicitor being an officer of the Court, the duty of the Court was to decide whether any person was a fit and proper person

concerned with that. It was true that

a oriminal offence, but all the Court de-

cided was whether the Solicitor was, or was

not, a fit and proper person to continua as

an offlem of the Court. His authority for sy

The Chief Justice Disciplinary,

Mr. Pottar-If, the Court is not exercising

Mr. Poltar-With grat respect, that is not the question.

The Chief Justice--I want to know in the

abstract, why shouldn't we call in a jury?

Mr. Pottur-It has never boou suggested. The Chief Justice--I am only asking you

The Paiso Judge-On the charges in the afidavit is.a charge of borrowing money from a Chinese client during the progress of an action, which he was conducting on behalf of that client.

The faculty of the medical school has passed a vote giving its moral support to as institution The Chairman proceeded to point out that for the teaching of medicine in China by extraordinary expenditure had totalied about Harvard men. Tas Harvard Mission will try Tuels 20,00 and added if it had not been for to bear part of the expense of sending Dr. M. this we should have been in a position to recem B. Edwards to Chinu to carry on investigations Dr. Edwards mend to you a dividend this year of 8 instead of with regard to the location. 6 per cent. You will see on the credit side of completed his conres at the Harvard, modical the Working Account that the net receipts school last summer and will start for China from Anbscription was Tla. 137,701, ander the early in the summer. N.-O. Daily News, connection that one clause in the new agreement with the Councils provides for future re-arrange- where a criminal charge was made against a

ment of the tariff held that be considered defendant. :

necessary. In our negotiations with the Coun The Chief Justice remarked that he came cils it was repeatedly and clearly set forth that

that there were admissions in the cases which cost of the new switchboard.

the speaker quoted, but he would go through them one by one and show that onch case 85 absolutely denied. His friend had suggested Mr. Pottar-I don't think it could. When a

that the Court had full power to grant a rule the tan comes before you and makes a complaint, nisi, but that it could go no farther. Mr. But my submission is that you cannot compel him to adopt different pro-Calthrop, however, had not ciled any authority, your Lordships cannot compel the plaintiff to /cedure. The law is laid down absolutely that it for the very good reason that he could not, old tariff. It may be well to mention in this take on himself the guise of prosecuter. You is the duty of the Court to hear such cases, no The practice was that a rule zisi was granted cannot compel him to bear a greater onus that matter whether they are indictable offences or he otherwise would bear by sending the defendant

Mr. Calthrop said their Lordships must notice

in the matter. That jurisdiction has been ex-

not

i

where it was brought by an independent person

before a jury, but if one worried it out a little

L

A HIGHER BIRTH RATE IN ENGLAND.

The most noteworth y feature of the Registrar-

we could command funds by instio of debentures 18 is the indication that there was a check st

or of new shares when necessary for the mainten year in the decline of the birth rate. In 1908 was fixed, figers were submitted to the Council which was 0.2 per 1,000 above the rate in 1907.

to continue as an officer of the Court. It did not find whether he had been guilty of a to the Criminal Court. He wishes to come to frst with regard to this case that it was a matter criminal offence or not: the Court was not this Court and your Lordships have jurisdiction which had been brought before the Court by pri./into Court that morning very much impressed we desired to secure. for our shareholders a General's annual summary of births, deaths, and charges might be made which amounted toercised for the lust fifty years in the High/vate persons in their private capacity, and not in with the necessity of a case of this sort going steady 8 per cent. dividend and that by so doing marriages in England and Wales, issued on May Court at home. Another point is that one of accordance with usual proceedings in England bit further he saw that the question was not ance of a high class servico. Before thenew tariff the birds mambored 942,611, or 26.5 per 1,000, the principal witzesses in this case, the manag-acting for the good of the profession in general, really the fact that the man was entitled to

by that body. These figures were considered average of the ten years 1898-1907. ing partner of a very important firm in Canton as for instance, the Incorporated Lew Seciatyvonviction or sequilt by jury, but that ba from our broks which were open to investigation The figure, however, was still 1.5 lower than the Deaths numbered 521,644, or 14.7 per 1,000,. is resident outside the jurisdiction. Now, supone years ago the Privy Council had to dini should have a jury order to ascertain the and formed the basis of the new tariff which that the Court's jurisdiction was disciplinary and

the new tariffs your lowest on record, not criminal was found in 12 Q. B D., page posing your Lordships had the power in this with the case of a solicitor or barrister who had facts, because trial by jury was allowed in order came into operation of March 1 laat, Had it being 9.3 below the 1907 rate, and indeed the earlier, we would have had Tools, 25,000 more Marriages in the year numbered 264,647, 148. Their Lordships would 30etlust the cuse to compel the plaintiff to become the pro- been struck off the rolls of a colonist court-the to enable facts to be ascertained by saren here been possible to profit by

Gold Cosat Court. In that case the Privy and twelve men at home, rather than ascertain for appropriation. Further, the reat from the 14.9 per 1,000, or 0.9 below the 1907 rate and the defendant in that caso appealed from the autor, we have no power, and the Court, kas no

He thought therefore new building, which you will see stands at Tls.. average of the ten years 1898-1907. decision of the Court of Appeal. The Incor. power, to compel the attendance of the vital Council gave as an expression of their opinion the facts by one man.

cover. They do not quite amount to the fourth porated Law society sail he could not appeal witness to give evidence in the criminal court of the undesirability of the proceedings being that it was for the ascertainment of facts 3,197 is for part of the year which these figures because the proceedings in the Court of Appeal The Chief Justice-If he'd come for one, he'd conducted by an interested person, and suggested that a jery would be necessary, if absolute

mont with our present tenants. You will there that the propor person to toko proceedings of ly "compulsory. He admitted that the dicta Part of what we expect to come in by arrange Lat bean criminal. The High Court of Appeal | come for the other. sad they were not criminal proceedhigs, as the Mr. Potter said he would probably agree to such description would be some independent of C. J. Cockburn and Justice Blackburn were fore understand that with these assured sources what he had in his own mind. He could well per cent dividend are better than they have Copet was only in disciplinary jurisdiction. I come before the civil court, but he would do no person in an official capacity, as for instance, exceedingly strong, and entirely agreed with of increased lincome our prospects of a steady

ever been since the Company was formed, Solicitors, as officers of the Court, were persons more, as it would mean so many attendances. It the Attorney-General of the Colony.

understand a case where a difficult and com.

Based on the births and deaths since the last census, the following is the estimate of the

of last year: population of England and Wales in the ma

Male Females

Total

... 17,071,524 18,277,256

35,348,780-

.