1913-12-22 — Page 5

APPEAL COURT.

Frivolous, Vexatious and an

"Abuse of Process,"

THE HONGKONG TELEGRAPH, MONDAY, DECEMBER 22, 1913.

To-day's Adói fist mr nts” -

The Chief Jostice -On the mosion of appel to upset my decision on the question of the Ordinance, would not the pos sibility of the other question Arise?

Sir Francis Piggott:-The G.

R. Sir William R Davier, K.,frat branch of the pg.sement is -- Obief Justice, and M. H. B. J. et absolutely-coincident. Bat TIONS of the letting by Public PARTICULARS AND CONDI- Gourtz, Palene Judge, in Fall be two cars over the same Auction Sale, to be held on Mon- Court of Appeal, heard an applica- ground. The point which I am day, the 29th day of Dec., 1913, tion this morning in connection going to raise the appeal on is at 3 pm, at the Offices of the with a cass in which Lung Choi-hat of Ordiranes 1, of 1851; as Public Works Department, by kwong, Governor General of rly the application of the Order of His Excellency the Canton, and Wo Wing-pun, Cinciples laid down in Logan's Officer Administering the Go- missioner of Firince of Canton,case. That is the main ground of vernment, of the right to quarry were the plaintiffs, and Chun my anal. The application to Crown Land around Kowloon Stone on the following Lots of nom, and the Russo-Asiatic Fank demies the action was also based Bay in the New Territories, and aa joint defendants; the defen- on the first ground-On the elsewhere in the Colony of Hong- dants being aped for the sum of Iogan case, and it is possible kong, for a period of one $150,000.

year

DAIRY FARM NEWS. MACKINTOSH

FOR THE FESTIVE SEASON

HAMS

GEESE, DUCKS

AND OWN FED

TURKEYS, CAPONS & CHICKENS.

to Bever the two. If I were commencing from the 1st day of Register your

on my election which January, 1914.

8908

Mr. Eldon' Potter and Mr. F. C. put Jenkin, insoted by Mr. R. F. O. I do not think your Lordships, PARTICULARS OF THE LOT. Master, appeared for the plaintiffs, will ask not I would suggest and Sir Francis Piggott, and Mr. the motion first. He can leave Alabaster, instructed by Mr. the appeal standing. I do not W. B. Find (Mesara. Bratton and think the ppeal is sufficient Hett), appeared for the defendants. to cover the whole case. Three, Sir Francis Piggott:-I told at least, imy tant grounds why my and I would make my the car should be dismissed, and preliminary application.

the most important of all in the first of the grounds-that it is vexatious within the meaning of Logan's ca, with which your Lordships are familiar.

Mr. Potter: I think we can settle the question of costa frur,

Sir Francis Piggott:-The question is one of procedure,

Mr. Potter said the question, their Lordships would have to deal with first

the

WA8

pocurity for costa which might

The Chief Justice:-Exause of the Ordinairs?

J.

Sir Francis. Piggott :-No be cause it falls within the Logan 13 dealt with in two winal case and the Bank of Exland. The Chief Justice made an order This is a car which explained

and until Thu...Jay last the

18

dismis ng this appeal with co the inherent jurisdiction of the Con to dismis fiivolous and had not a paid by the defan-rexation ions. One point dants. They were bonsver sub-which I silirsintheferathe Court, sequently paid on that day. That with all pet, ie that Ordin being, and, time peg, they tion to Chinese nations, of the

ance, 1 of 1871 is caly the applica filed that motion. It was quite cles that an order curingate principles subsequently laid down must be made in his clients'jin Logan's car with regard to favour, first tocause the defen-to the English court,

It was

dants did not pay the costs until Dec388ary, my argument is, in it was filed and secondly because Hongkong and Chira, long before Chun Sau-nem, was a foreigner its necessity was dirɔvered in and not within the jurisdiction England. And when we come to analyse the ordinancɔ we find,

hore.

The Chief Justice: The costs of proceedings în Chamt 78?

Mr. Potter answered in the affirmative and suggested that the maiter should be dealt with in Obambare if the defendants ob jestad.

Tsat

Tez

No. of Sale.

Hok Un

Ma Tau Kurry Lot 6

Yaumati Quarry Lot 11 Quarry Lot 10

Ma Ti Quarry Lot 9 Ma Tau Kok Quarry Lot 8

Chu Lu Kok Quarry Lot 1 Ngau Shi Wan Quarry Lots 1 to 4 Sai Teo Wan Quarry Lots B/I to B/16

Jordan Road, Kowloon

| Ngau Tau Kok Quarry Lot A/6

Mui

Quarry

Lot 2

Tsat

Taz

Mui

Acres.

Hok Un

B./4

Quarry Lot 7

Ma Tau Kok

6.70

Do.

4.60

Ma Ti

1.94

Jordan Road)

5.39;

Kowloon

Yaumati

2.98

Ngau Tau Kol

2.00

Sai Teo Wen

16.53.

Chu Lu Kok

230.03

Ngu Shi Wan

27.36

· 12.73-

Registry o

Locality.

Coctenia is

Full Particular & Conditions

shall submit r the court, precialy theme 2008 for dismissing the action under Ordinance, 1 of 1851, 3 are laid down in Logan's case. Therefore it would be manifestly convenientfor the two applications to La hoard Sir Francis Piggott said that so together. Your Lordships have may be obtained at the Offices of

Public Works Depar..nent. far as the costs crencerned they implete jurisdiction, tues the "were quite willing to pay. They Full Cort can sit in Original would pay as before the Fall jurisdiction when the cars come Court in Olami ra, but not the up here togather. There is one Foll Court in Coast.

other pint I am reminded, of- The Chief Justice said he would that the finding of the appal deal with the matter in Chambad. neers ary in order to keep He would grant l'ay apply the ground of for the tab- sequent motion, tbat.we could

-in Cham rs if net userty.

Their Lordships said they could boar what was eaid, '

THE AMERICAN AND. MANCHURIAN LINE.

NOTICE TO CONSIGNEES. From NEW YORK & COLOMBO THE Steamship

**KANDAHAR,"

Sir Francis Pirgoltid that not have res judicata pleaded and before the appt was called on set up zainst this application. he had an application to make. The Chief justice-I think: Captain W. Keasloy, having He would ask their Lordships if that the other side ste prima facie arrived from the above Ports, Con- his voice was intelligible to then, entitled to a dit on on the apsises of Cargo are hereby so he was not occustomed to the peal on the facts as they were informed that their goods are be- acoustics of the Court on that before me in the Court of Appealing landed at their risk into the side (laughter):

Bir F.nois Piggott.-1befacte Godowns of the Hongkong and will not altered far aa the Kowloon Wharf and Godown Company. Limited, Kowloon, and application or on the ground of the Sir Francis Piggott sail that motion dismies. There will band stored at Consignees risk and

expense.

All broken, chafed, and dam- this was a mo.ion made by the foots ind.oduced off than those defendants tlt the application of feats that were introduced before aged goods are to be left in the the plaint a was vexations, the Can-t in the application. godowns, where they will be ex- Mr. Potter opposed the applics-amined on Monday, 28th inst, at abuse of the proers of the Court. The tion and said their Lordships were 10 s.m. motion and bron taken ont to now susting in Court of Appeal. dismiss the action. They had He dissented from the proposition, approcched the other Lide and he The case was continuing when thought they were quite-willing we went to pres the question should to decided

iivolon and:

by the Court. ...

an

Mr. Potter said that was not so.

He had told the other side that

he would not accept in any abape

THE RACE MEETING.

or form, the statements in that Increased Number of Races

motion.

this Year.

Bir Francis Pigott said their Si Paul Cha ar, who takes an Lordships were aware that this... was a motion of appeal from the interesira part in the Jockey Olub's Annual Meeting hos r. civ. judgment in Chambers to dism es the motion, ao to dismiss the ed a string of ponies from the action under the inherent juri Nouh by the Uhina Merchants diction of the Court, fivolous, 8.9. Kwa glee.

most important mattor of all.

}

All Claims must be presented within FIFTEEN DAYS 'of the stomer's arrival here, after which date they cannot be recognized."

No Clairos-will-be-admitted- after the goods have left the Go- downs, and all Goods remaining

undelivered after the 29th inst., will be subject to rent.

No Fire Insurance has been effent- du

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To-day's Advertisement.

THEATRE

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MONDAY, DECEMBER 29TH, 9.15. P.M. GRAND CONCERT

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ASSISTED BY

Mr. E. DANENBERG & Mr. N. PETERKIN In Work for Two Pianos.

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R.

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TENDERS for SPECIE BRIT

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FOR SINGAPORE, PENANG AND CALOUTTA.

(Taking cargo on Through Bills of Lading to Rangoon, Madras and Mauritius).

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HE Steamship

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SPECIAL XMAS

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We will allow a Special

Bills of Lading will be count-Bills drawn at 10 days: or. 3 SUNDAY, the 28th inst., at Noon. Discount of 10 per cent, for

ersigned by

SHEWAN TOMES & Co. General Agents. Hongkong, 21st Dec., 1919, [1086

months sight on the Lords Com- For Freight or Passage apply missioners of HIS MAJESTY'S to

Agents. all Christmas and New Year

INDO-OHINA STEAM NAVI-Orders of $10.00

TREASURY, LONDON, up to DAVID SASSOON & CO., LTD. and for the sum of £30,000, will be received by the TREASURY Hongkong, 22nd Dec., 918. [1087 CHEST OFFICER, ARMY PAY PASSENGERS ARRIVED..

DEPARTMENT; until 11 am.on Pers. Haishing from Swatow etc., on the 23rd December, 1913. .

The tenders to state the total. Mr and Mrs Bheldow, Mr von Buttler, Mr amount (in pounds sterling) and" und Mrs Monlin, Mrs and Miss Bone,

Per a a. Yokobaras Maru from Shanghai whether for. Telegraphic, Trans- on the 22nd Inst,Mies M Cliff, Migyfer or for Bille at 10 days or 3 Vail. Miss M Evar, Miss M M Blakely, months sight, and in the case of

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From CALOUTTA, PENANG

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vexatious and on abari of the 1bn Babeoriptio's griffins the gist inst.—Mrs Pierpoint, Mrs Exiter, Court. That motion was the bave prived by the as. Anhui and w3 te drawn for at Ken- The Ubief Justice:You are cly's Hoe Ropesitay this now applying for the two to La evening. heard together?

This next meeting will see a Miss It A Wheeler, Miss A Carson, Miss Bills the amount for which each THE Company's Steamship,

should be drawn. No Telegra- Sir Francis Piggott:-Yes and eatension of the progiamme of Rodgers, Mr and Mrs CA Filtean, Miss for the reason, that the motion races on acconut of the introduc- AM Millington, A Ide, Wong Kim-200n phic Transfer will be made or

Bill issued for less than £100. to dismiss the action was of most tion of the two hundred tael class. Wong He-dong importance. As a matter of fact There will now 1y thirty-three

and in sealed covers, addressed Ports Consignees of cargo by ber the arguments on the appeal at race instead of thirty, and an

a certain point, mot his view, extra fixture on the he day. Con- that the motion to dismiss the sequently there will be a larger action was frivolous and vexa- number of Lanies engaged. tiora, covered the whole ground. Their Lordships were aware tho Full Court had

contrent

Stolen Jewellery.

jurisdiction with the Court in Ordinary jurisdiction, and it was A Chinese traveller living at therefore more convenient if the 104 Connaught Road Central ze two cases were beard together. porta to the Police that between It would save the expanse of two 8.30 and 0.30 am. on Saturday separate applications, and save some persons stole from his room going over the same ground three pieces of jewellery valued jwlogover

$200

او

PASSENGERS DEPARTED.

"YATSHING,"

or more.

Customers will greatly oblige

The tenders to be in duplicate, having arrived from the above by forwarding their orders

Pers. Delta from Hongkong.for Lon to the TREASURY CHEST are hereby informed that their

sie, on the 20th inch - Guide Lo G OFFICER ARMY PAY DE- goods will be delivered from early. Over, Dr and Kraunkoph, Miss Lots, PARTMENT and endorsed

don

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