1913-06-09 — Page 7

THE HONGKONG TELEGRAPH, MONDAY, JUNE 1913.

FULL COURT OF APPEAL Mr Jenkin.-There was a death

of one of the parties and there. hal been an order made. The original plaintiff died and there has been an addition.

Continuing. Mr Jenkin said that it seemed to him that the

SECOND SITTING COMMENCED THIS MORNING. appellants could appeal as of

THE NEED FOR AN AMENDING ORDINANCE.

right.

Mr Slade aaked that a security for the amount of the judgment should be given and that the other side should pay the costs which, in the event of the appeal suc cesding, they would guarentee to

He submitted that the plaint-repay, This morning the second sitting of the Full Court of Appsal, since, if mie-read the rate; he The usual order was granted. the coming into force of the mis-read, as he submitts f ordinanoe,

in it, as to the matter in dispue he third matter down for

Complicated Papers. commenced the Supreme Court, before the words, which he put to the Sir Haviland de Saumerez, Chief Lordships, as referring to the hearing was: In the matter of Justice of H. B. M. Supreme land, when, ne a matter of fact, Mr G. K. Fall Brutton, gentle- Court of China, President; Sir they referred to mortgage. Pisin-man, and one of the ralicitors of W. Renn Davies K.O., Chief Jus tiff said the land was worth more the Supreme Cort. tice; and Mr Justics Kemp, than $6,000. The land was Puisne Judge.

the property, claimed, and the The first matter was applica-land being worth $5,000 did not tion in the case of Hong Kwai make the mortgage worth $5,000. Obing, plaintiff, and appellant, The reading of the rule was por- vorana Lo Sut Po, defendant sibly not, on the first reading, ab. and respondent. The application, slutely lacid, but when it was took the form of a petition by the eramined it was quits clear, appellant, that the honourable!

Offer Repeated. court would be pleased to rant] The defendant bed ten pre- leave to appeal from the judg-pared to join in a re assignment ment of the Full Court, to His of the mortgage all along; the Majesty in Privy Council, and olier was repeated by Mfr. Potter on that, pending the appeal, the the rearable condition that the execution of the said judgment money re sived should be paid might be suspended. The peti- into the joint account of the tioner also naked that the exccutors. That offer had bian Far on such taxation to have teen

This was an appeal against the order made on the application on the part of Leung Shiu Kong, that the bills of tees, charges and disbursements delivered to the applicant in the matter of the original jurisdic-. tion action Nombare venty-thre of 1904, by the at ove named Eolicitor or by Mesars Bratton and Hett, be referred to the Registrar to be taxed and that the said solicitor give credit for all sums. of money by him revived for or on account of the applicant, and re- food what (if anything) he may ay.

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or other order as might seem o peated in court, and as far as it do tax the costs of reference and them just.

was of the slightest na tortify what the be found to

das to or from either party in re spot of the bill and demand, and be coat of the reference to i the event pursuant to the statute. charged, if payab's, :ccording to

by Mr J. Scott Halston, of Messrs Mr M. W. Slado K.C, inst "ucted Deacou, poker, Deacon and Har- aton, appeared for the appellent and Mr OG. Alabaster, instructed by Mr Reader Barris, of MESTE Wilkinson and Grist, for the re- spondent.

Mr. M. W. Slade K. C., instruct the appent, it was still open. ed by Mr. Needham of Messrs But since then, the appellant had Ewens and Nodham, appeared taken steps which had made it for the petitioner, and Mr. E. H. alm.at a super fluity to do it now, Sharp, K:O., instructed by M because the other ibre 3 executors Davidson of Messrs Hastings, and had dipanged with their par Hastings responded.

ticipation is the matter, by The President's Suggestion. erecting a now re assigament Mr. Slade said this was an ap-out the defendant. That bad plication tor leave to appeal to the destroyed the last vestige of value in the mortgage dead to the Privy Council from the judgment of their Lardships delivered in sintiff, the would-be app зllant. February last, the hearing having The appeal, if allowed, would be taken place during the last sitting Prisne Judge had said in bis in fest puely for cosa. The of the court in January. The no- tice of motion for leave to appeal judgment that the action had ten was filed in due time and should mere battle of oats, and that, bave Lasn heard on February 24 fortiori, was true now. but no court had sat between that

Ele, counsel, did not think he wou take up their Lordships| date and the present time.

The President-I think it time with arguing the general would be advisable to make ar-principle that no appeal would

a

M. Slade had address their Lordehips for few minutes when the president aid-Don't im- agine that I know anything about it. I have only glanced at the papers.

To-day's Advertisements. THE EASTERN BAZAAR. (W. ASSOUMAL & CO),

LATE OF IC D'Aguilar STREET, HAVE NOW REMOVED TO MORE COMMODIOUS PREMISES SITUATE AT. No. 35, QUEEN'S ROAD, CENTRAL, IN ADDITION TO OUR SILKS WE HAVE OPENED UP AN ENTIRELY NEW LINE IN VARIOUS KINDS OF JEWELLERY. -

be acuition at the end of the amount allowed for attending taxation and the taxation ic

MOTOR ACCIDENT.

Motor car No. 32 knooked a near Sinceres, and she had to be woman down in Connaught Road, taken to the hospital,

The driver of the car was ar-

the account bills were forwarded Sabsequently in explanation of

Mr Slade: They are herribly bills, a explanation that bis to the respondent, and it was those complicated.

Chief Justice was under Ladehip, the Chief Justice, had rested and Inspector Macdonald, etrou ously held were elicitor at the Police Court, this morning, rangements that such applicatione allowed as to costs. If the stod to say that he would and client bills of the whole asked for him to be remanded, should ts taken by two judges. appeal were allowed in this cars, have been only glad if he

transactions. That, counsel as the woman was not yet out of Mr. Slade:-Under the ordin-the action would have to come could have retired and have had

hospital. This request was ance it cannot be done. It would back to Hongkong and the the case tried by his two learned urged, was not so.

granted. brothers, but the precant state of be most desirable for an amend-whole oase world

be gone into afresh; the the law did not allow him to do ing ordinance to be passed.

The President:-For that and defendant's case had not been so.

heard. If the Privy Council trok

other matters.

ordinance has not been passed. -and-the-matter has been put off

until the court sat again. Not Conceded. Counsel went on to say that the appeal was as of right.

The President :-Is that con- ceded ?

Mr. Sharp-No; my Lord. Mr. Slade :-Then I will "refer your Lordships to the rules.

The President:-I think we had better hear Me Sharp.

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Mr. Slade said be thought he Mr. Slade The amending the view that the plaintiff bad could satisfy their Lordships be A Houseboy's Mysterious Death.

shown a case that the defendant yond any question, that there had would have to answer, they would teen a misraderstanding.

A tragic affair, not without an. Mr. Slade, outlining the facts, element of mystery, accurred at have to go back to the beginning.

TOLET-Two furnished rooms commence a new trial and possi-aid that the matter arose in the Kowloon on Saturday night, whore- with use of Kitchen. Board follow. He submitted that the bly a new ceries of appeals to year 1904 when the National by a houseboy employed at 38, if required. Central; good view;

Bank of China brought an sotion Nathan Read lost his life. He moderate torms.-W.R.P. was not a case in which the

genet the present respondent had waited at table as usual "Hongkong Telegraph." Lordships should give leave to claming some suas amounting during dinner, and

Hongkong 9 Jano 1918. appeal,

to about $380,030 and interest ten minutes of finishing Mr Blado claimed that hie for which they caid he was his day's duties he was found

TO LET. liable to them as guarantor of his in

a terribly injured friend's ergement was a fallacy

state TOLET (from 1st July 1913) baced up as not quite fo brother who had to in the banks on the ground-floor yard at

No. 2 Mountain View, The appreciation of the facts which manager in Tienin, at the Exxer the back of the building. He had Peak. Apply LINSTEAD & Mr Sharp said their Irdubips beir lordships had Estore them, trouble, he having dic 1 as cors evidently fallen from the first DAVIS. were familiar with the facts, and The plaintiff bad sold the propriy quence of that. The defendant floor verandah, a distance of some Hongkong, 9th June, 1913, 1345 he did not think he need refer to and bad sold it fes from encombad abzurly no buowl ige of 40 50 fast, but it ia difficult to what was taking place at Tientsin how he could have accidentally

WANTED. them. The first point of his, was brauce, and had entered into a an objection on the point ofvenant of title. By the action or of the tran notions of his fallen over, as the verandak is WANTED,From 1st July, HOUSE or BUNGALOW, claim or question bere was not of carry out her covenant and abs brother's d. ath, the action was quité fonr 1. t high. Medical with about 4 or 5 rooms and ten- sprealable value. That was, the of the defendant she was unable to brother, and, fou yea a after his well guarded with ling

was at once summoned, nis lawn. Must be on upper the necessary value $5,0 Janus able to to sued by he pur- brought against him for this sid required by the new Privy Council charer for damages to the extent money. He retained Mr Button and the sufferer, was conveyed levels, not higher than Conduit

as bis solicitor and the action to the Kowloon rules. The action, as their Lord-of the amount of the mortgage

Military Road. Central preferred. Apply was finally heard in

F. and O., care of“ S. C. Morning ships would remember, was an deed; namely $22,000. That was

the Hospital, nerathand, by stretch- Botion in detent for the return of berints estand the amount there of original hering tires ont of the admission, having badly fractored

year 1903, and од the

Poat." er, but he succumlid bafore a certain morigage de ad. The in the water,

Their lordships reserved judg-five nuts of the claim were dis his skull. Investigations made mortgage dead was the matter iu dispute, to use the language of ment satimating that they would mitted with against the by the y slice do not tend to prove the rule-Rule 2 A., dealing with consider the question of the lules, bak and they were given judg- foul play, and the case appears msnt with regard to the other either one of suicide or else appeals as of right. He submitind A Similar Application, that the mortgage dead was the A similar application was heard the defends it against tost desi- the raing and over-balanced

tw). There we an appeal by the derased.jumped up to sit on TENDERS are invited for the matter in dispute, or, to deal with in the ae of Li Ya Nung alias sion. It was heard in the big himself with the resulte stated. the language of the second phrase Li Po Kwong and Li Chung Liu of the rule, the mortgage deed was es Li Po Sham, defendants and furing of 1909 and he was fac cca ful in obtaining judgment the property claimed, or the ques-an, llante, verus Li Te with goste on the whole of the tion under the rule, and the in-pintiff and res, ondent, and Laction." tiff's alleged right to the mori gage Yu Nvoz, alias Li Po Kwong, deed was the civil right under and Li Chong Lin alias Li Po thisaction that the praient dispute the rule. So that, whichever of Shrm, verans Li Yen Shang, had ari an.. those rules were taken, the matter patiff and respondent. The The bill of cost for the purras refereurs to your notice under the ed at the CHIEF CONSTRUC in disput, the proporty claimed, tioners in this cas

were ofixation between party and above heading, the publication in TOR'S OFFICE, H.M. Naval or the question of civil right, the he appa"ants.

of the Greek Yard, Hongkong, and should be ply was prepared and in duo facsimile mortgage doed was that which Mr F. O. Jenkin, irstrroted by court delivered to the other side, unoialxt Fas enabled English filled in and returned as indicated

Mr Nebam, of Messa. Ewers filed in court and oxed.

E sholtrs to show that the Ameri-in Tender Form not later than The Actual Value. and Needham, apped in The first of the bills, nid Mecanslation (given by you) is noon SATURDAY, 21st JUNE He mbmitted that the intrinsic support of the application, Slade, was really the important faulty. Orr Lord's words should 1913. E. R. BATE, M.I.NA. value of the deed was nomiral, and Mr M. W. Sade KO one. It was a bill which amount-run: "Tas limit of the yar and the actual value to the pica istructed by Mr. Russ of ed to $44,312. That bill was of the power of Saten is fulfilled, was less actual value in the Mess Goldring, Barlow and taxed and of that amount the but (obterrors are at hand: I circumstançea to the appellant, Moll, for the respondents. Bum of $4,430 was taxed off, was allowed to suffer a male- The Chief Justice: Having re- Mr Jenkin aid fast the papera leaving $39,852. A copy of factor's death, in order that gard to the finding of the court? Pied to be quits in order and that bill want to the (ne) may retrat the Mr. Shayp: Having regard to the sum of money involved was preat respondent on Degem Itand in no more, and may the essential findings, the intrinsic about $25,000.

ber 30, 1910. The copy inherit the spiritual and value is nominal and the actual, The President:Are there two sent him was en exant copy of title glory of righteousness in

the bill as filed for taxation, with heavop. But

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