1914-01-19 — Page 5

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SUPREME COURT.

Saturday, January 17th,

IN APPELLATE JURISDICTION,

THE HONGKONG DAILY PRESS, MONDAY, JANUARY 19TH, 1914.

BEFORE THE CHIEF JUSTICE, SIX WM. RES DAVIES, K. C., and Mr. E. H. J. GONPERTZ (PUISNE JUDOE).

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COURT OF DIRECTORS.

S. H. DUDWELI, Esq.-Chairman. Hon. Mr. D. LANDALA-Deppty Chairman. G. Friesland, Eng. 1. A. Plommer, Esq.

E. Goetz. Esq.

C. S. Gublay, Esq.

P. I. Holyoak, Esq.

C. Landgraf, Esq.

W. L. Pattenden, Esq.

H. A. Sicle, Esq.

Hon. Mr. E. Shellim.

CRIEF MANAGER: Hongkong-N, J. STAID.

MANAGER:

Shanghai --A, G. STEPHEN,

LONDON BANERES:

LONDON COUNTY AND WESTMINISTER BANK LIMITED.

HONGKONG-INTEREST ALLOWED. On Current Account at the rate of Two per cent, per annum on the Daily Balance. ON FILED DETOSITA

For 3 months, 2 per cent. per Annum. For 6 months, 3 per cent. per Annum. For 12 months, 4 per cent. per Annum..

N. J. STABB,

Chief Manager. [15

Hongkong 9th January, 1914.

At the outset Mr. Sharp, in reply to Sir Francis Piggott, said the summons in relation to costs, was not being pressed. Sir Francis Piggott, in replying to Mr. Sharp, said that before he really com- moneed his reply, he proposed to indulge in one very simple reminiscence, which he was bound to put before the Court. He remembered, a long time ago, bearing a case argued between Sir Hardinge Gifford and Sir Furrer Herschell. The former was perpetually, jumping up and object- ing; and at the end of the argument be apologised to the Court for having done But he said that he felt compelled to exercise his right of interruption on account of the way in which Sir Farrer Herschell bad dealt with his argument. He (Sir Francis) begged to act precisely as Sir Hardinge Gifford, because he had a right of interruption, a definite right, and it must be exercised in certainly two. eases, one in which the argument was put differently or wrongly before the Court, and, two, where there was a slip in quotations from authoritice. It was no use waiting until the time of reply came, because then the damage would have been 'done.

During his learned friend's argument he had felt bound to interrupt, far more than he wished to have done, because his arguments had beer, uninten tionally, of course, misrepresented, and, in one or two cases, quotations from authorities were not quite so accurately put before the Court as he thought they ought to have been. He then asked their Lordships to consider generally what Mr. Sharp's argument really amounted to. The whole gestion was one of time. He (Mr. Sharp) wanted time. It he suggested that his learned friend's authorities were wrong be said he would that must fail, and bis time for amendment high treason, and it was high treason as it stood, could not stand upright, thena Republic was, under the English Law, get some others. When he said that was past, Sir Francis quoted authority against the State. Their Lordships would his claim was wrong Mr. Sharp said be from the 1914 edition of Annual Practice remember that it was called a rebellion to support his submission. The rule there in the indietreat. His friend's argument would substitute others. When he (Bir nid down did not support the proposition, really came to this: that Chan Kwing Francis) said that his procedure was which was practically what the plaintiff's wing made the Declaration of Independ wrong, bis friend said he would correct atention came to, that anyone might ence, and that the whole of his movement it; and when he said that the case was bad no right to do, and hold it until he of the State by force of arms. Well, they clutch hold of soine property, which he was restricted to the removal of the head stated incompletely.

therefore could find someone else who might have could not wage war against the head of wrongly, Mr. Sharp said he would a claim to be joined as plaintiff. That a State without breaking up the State. get some evidence. That, he thought, was

was the position he had taken up

His friend had used the words "a a fair general summary of the answer to not apply where everything was wrong, but that was not consistent with history, throughout the case. The rule did trumpery rising which bad fizzled out,

LONDON JOINT STOCK BANK, LIMITED, the motion which his friend had put for where everything substantially vital and if it was assumed still that it was ward. The case which he (Sir Francis) to the action-

INTEREST allowed on Current Account trumpery rising, they were had put forward for the defendant was:

next point raised by Sir Francis was that the affidavits filed by the plaintiff, Sir be ascertaised on application.

wrong. The only a

making a grave mistake.

at 2 per cent, per annum en Daily Balance Referring to and on Fixed Deposits at rates which may On your claim, as it now stands you the Court that Mr. Sharp's contention was paragraphs seemed to support the sugges of inherent jurisdiction, and he reminded Francis pointed out that some of the must fail," and that it was no uso saying, that if the plaintiff succeeded on

A. R. LINTON; we will alter,"

the tion that this declaration of Chan Kwing-

Manager. "we will get some question, which he could Of evidence," or "we mean to get evidence, action could not be dismissed. This was of independence at all, and that the ovidence, there was an issue, and the President, that it was not a declaration prove byming was directed only against the

Hongkong, 14th July, 1913.

[788 we always meant to get evidence, and we the assumption on which Mr. Sharp rested rising had been limited to Kwangtung, have got some affidavits." That did not his answer to the motion. He (Sir Francis) and it meet the case which he had put before the from. It was certainly not to be found been

bad been did not know where that proposition came Kwangtung itself.

suppressed Court The defendant came into Court, in the Annual Practice, nor did he think Government having approved of these Central and said plainly. "Come out into the open any of the cases bore upon it. He proceedings. and fight this question on the facts which thought that when such a proposition whether that approval extended to thos

He would like to know are before the Court." If he could adopt his friend, which was of a very important Chinese officials, and to Mr. Sharp's was advanced, as that put forward by paragraphs in the affidavits of the a simile, it was just as if, when Goliath character, it ought to be supported by some argument. All he could say was that he was challenged, ho had said to David, cases. His learned friend ought not to was certain that they did not. He then Mind, young man, no little stones. I am leave it to the Court to worry it out for pointed out to the Court that it was a going to use my 'bludgeon;' I don't like decision, and it was, he thought, perfectly rebellion was a general one, joined in by themselves. He could not find any case or matter of common notoriety that the those little stones you throw in your contrary to the decisions which were any other provinces in the south, that sling. I am going to use my bludgeon. rules which Mr. Sharp bad laid down that there had been fighting in the quoted in the Annual Practice. The it was directed against the State, and If my bludgeon breaks off at had nothing whatever to do with inherent which had shaken the Republic to its wrist I

Yangtze valley, the result of the rebellion, have got SOIRE others, a jurisdiction. If they applied under the room full of them, which I am going to rules they were bound by the pleadings, energetic action taken up by the Central

foundations, and that The inherent jurisdiction of the Court Government which had suppressed the He submitted that that case must applied to everything, and the Court, in be fought out on the facts which were that case was not bound by the pleading lion in all the provinces, including before the Court, and on those facts he at all. It might have affidavits put before it

When it was said that it submitted that the case was clearly within the case before the Court; but the inherent the answer was that they should have so as to bring the whole circumstances of to prevent his coutinuing as President,

was only directed against Yuan Shih-kai (NETHERLANDS INDIA COMMERCIAL BANK.) he authorities; that it was vexations jurisdiction was entirely outside the rules, waited until the election of the President, and harassing. The only evidence which and therefore Mr. Sharp's proposition which was only two months off.

ESTABLISHED 1863. they had, and which he had used, were the words vexations and frivolous" in Shih-kai outlawing Chan Kwing-ming Reserve Fund... E). 6,518,000 (£549,166) was not good. There was no doubt that contended that the proclamation of Yuan Paid-up Capital... Fl. 17,407,000 (£1,450,683) II Authorised Capital FI. 30,000,000 (£2,500,000) the public documents, which were common the rules had led to some confusion was an act of State, and that according ground; they were existing public docu. between the practice in the rule and the ments. And be submitted, on the docu. But there was this vital difference: that behind it. It was certainly preposterous practice in the inherent jurisdiction.

the rules of international comity it was impossible for the Court to go ments which had been put before the whereas under the rule the rule contem for Chinese officials to suggest even that Court, that the case was bad, and came plated the striking out of pleadings, the President did not know the facts. On

LONDON BANKERS: within the decisions as to vexation. The therefore they were bound by the plead that act of State, and all that at con-

TEE WILLIAMS DEACONS BANK. Decembor 10th-lengloe, Japan, Varmain documents were Chan Kwing-ming's they were not bound by the pleadings. Francis said that he rested his case. That inge, yet under the inherent jurisdiction tained, and all that it implied. Bir

SWISS BANKVEREIN. waerts, Indraghiri.

December 18th-

declaration and Yuan Shih-kai's proclama They might have extraneous evidence in Glenforg

The Bank transacta every description of Macedonia, Fersio; lion. The others were incidental, but useful order that the Court might have all the Hongkong us a trumpery rising of money on Current Account and on Fixed case should not be treated in the Courts of Banking and Exchange business, receives facts before it.. December 23rd-Atreus, Kamma, Deike

Therefore, however 49 supporting the main argument. It was difficult it might be, the Court bad this Kwangtung. Sh Francis then proceeded Deposit at rates which may be ascertained THE BANK OF TAIWAN, LIMITED, Rickmers.

true that in the first steps ha took he did on all the facts which were before it, the existence of the de facto Government.

duty to perform it had to say whether to alienation of property!

to give his opinion on the law in relation application. December 30th- Benvenue,

file an affidavit, but he had not used it. case was "Frivolous and vexatious.' Cathay,

during the Gochen, Meinare, Fore, Nubia, Saxonia, He thought he would be quite strong issue of taw necessarily hung upon the There should have been a full statement to Tudeus, Wakosa Mara, Yangtase, City of enough to fight without being encumberest facts which were before the Court. Their tre Court, he added, of the eircumstances Baroda.

January 2nd-Cardiganshire, Aragonia. with the armour and weapons which Mr. facts put before them, and he could well the proper way in which the case should

Lordships were entitled to have legitimate ander which the case arose. Glenturrel. Sambw, Yorck, Brodstone.

Hind had prepared. He wanted to fight lunging the Court saying that the facts have been made out, only it must be more January 6th--Bohemia, Hirano Marui, perfectly openly on the documents, and were too conflicting to consider in amplified. Mr. Potter had endeavoured Konang Si, Spezia, Stentor, Sanda, West-he said that on those documents there was affidavit. Sir Francis added that it was phalia, Demodocus Magellan.

a clear issue, and that it was an issue a wholesome rule, when a Court was

to show that what he (Sir Francis) hari January 9th-Alcinous. Telemachus. which could not be postponed, and it was following a decision of a Supreme Court, he could put the Court straight on said had nothing to do with the question, Volentia.

perfectly competent to the Court to decide to limit itself to the exact decision. that reint. January 13th-Bentomond, Denbighat once and for all. A great deal had been Unfortunately it was a common failing reading the Statement of Claim would say He contended that anyone Shire, Derflinger, Enmacus, Glenlochy, said about amendment. He submitted of some very learned Judges to expand it was an action for tort, and not one Himalaya, Indien, Nile, Segovia. that it was not for the Court to advise the their views a little bit, and to say a great for conversion.

January 16th-Agamemnon, Atholl, respondent in that action whether be deal mara than the case warranted. There 10 said that there was not one tittle of: Sir Francis, in conclu- Austria, Brasilia, Kaga Maru, Muncaster should amend, or that that question fore, although the reputation of the Judge evidence from beginning to end, from the astle, Princess Alice, Katari Maru, should enter into the mind of the Court must be taken into consideration, the first word of the writ to the last which until the plaintiffs chose to act. But if Court should be very careful before it made it possible for the plaintiffs to he (Bir Francis) was right in his conten- took it as an expression of law, ARRIVALS AT HOME,

tion, Mr. Sharp's time was running short,

succeed, and therefore they, must fail. anuary

76th-athay, Telemachus, and that he must act, and act quickly

clusion of the Criminal Sessions, which The hearing will be resumed at the con- tphalia, Yorck.

If he was right that if Mr. Sharp's case,

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December 12th-Neleus.

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The

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That was

HONGKONG SAVINGS BANK,

SHANGHAI BANKING CORPORATION. THE Business of the above Bank is con ducted by the HONGKONG AND Rules may be obtained on application.

per annum.

INTEREST on deposits is allowed on the Minimum Monthly Balances at 3 per cent.

balances of $100 or more to the HONGKONG Depositors may transfer at their option AND SHANGHAI BANK to be placed on FIXED DEPOSIT at 4 per cent. per annum.

For the HONGSONG AND SHANGHAI

BANKING CORPORATION,

N. J. STABB,

Chief Managor. Hongkong, 1st July, 1911.

[16

EDERLANDSCH-INDISCH

HANDELSBANK.

HEAD OFFICE: AMSTERDAM. HEAD AGENCY: BATAVIA

G. VERMEY, Manager, No. 8, Des Voeux Road Central. Hongkong, 3rd October, 1913.

(21

THE

THE CHARTERED BANK OF INDIA,

AUSTRALIA AND CHINA.

INCORPORATED ET ROYAL CHArtey, 1953.. HEAD OFFICE-LONDON.

Paid-up Capital...

£1,200,000 Reserve Fand

£1,700,000 Reserve Liability of Proprietors £1,200,000

Banking business transacted.

FOREIGN EXCHANGE and General

FIXED DEPOSIT received for 1 year or CURRENT ACCOUNTS opened and shorter periods at rates which will be quoted

A. S. HEWETT,

Acting Manager. Hongkong, 14th April, 1913. [L494

en application,

INTERNATIONAL BANKING

CORPORATION.

HEAD OFFICE: 60, 'Wall Street, New York. LONDON OFFICE: 36, Bishopsgate, E.C.

BRANCHES: ----

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CAPITAL AND SURPLUS Gold 87,200,000

equal EVERY DESCRIPTION OF BANKING £1,480,000 BUSINESS transacted. CURRENT ACCOUNTS opened on the usual

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DEPOSITS RECEIVED, fxed for one year

at 4 per cent. per annum or for shorter perioda, st rates which may be ascertained on application. BILLS NEGOTIATED COLLECTED. MAIL and TELEGRAPHIC REMIT-

TANCES made. LETTERS OF CREDIT and

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THE BANK'S CIRCULAR LETTERS OF CREDIT are available all over the World.

PURCHASE and SALE of Stocks and COMMERCIAL LETTERS OF CREDIT

issued.

Shares affected. TRAVELLERS' CHECKS old and cashed,

GEORGE HOGG, Manager.

, Queen's Road,

Hongkong, 21st October, 1913.

[1230

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Capital...

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HONGKONG OFFICE,

3. Das Vœux Road. Deposits received on terms which may be Interest allowed on Current Accounts had an application,

K. TAUDZURABARA, Manager. Hongkong, 1st May, 1918,

[1272