1926-07-13 — Page 12

THE HONGKONG TELEGRAPH,

TUESDAY, JULY 13, 1926.

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Above are seen Chinese girls, at the Y.M.G.A. on Saturday, playing in a volley ball match for

the first time in Hongkong, . (Photo by courtesy Wah Kiu Yat Póðin

A vivid contrast between" past and present was provided when King Henry

Vth from Agincourt met a modern tank during the Aldershot searchlight tattoo.

LEGAL PUZZLE.

SOLICITOR'S STATUS

RAISED.

AN UNUSUAL POSITION.

A NOVEL POINT.

COURT'S RULING...

Deuling with the right of au- Neither himself nor Mr. Justice dience of a solicitor at such a Wood, said the chief Justice, Court, Mr. Potter said the point doubted but that the point raised was an entirely novel one. As by Mr. Potter was a sound one, and far as memory went, that Court they were therefore unable to had never before been open to ajallow Mr. McCallum to appear, solicitor, and unless their Lord-The next question was as to what ships sat in Suramary Jurisdic-course to adopt. The plaintiff tion it was impossible for Mr. Mc- could appear in person, and, hav- An unusual position arose Callum to obtain audience. Ifing regar to the fact that the to-day in the Supreme Court they sat in Bummary Jurisdiction, evidence of the facts was in writ- during the hearing of a case in to what tribunal would it be posing, they would be is a better sible for either of the parties to position to advise him in the con- Fall Court of Appeal, before the appeal? Counsel would have to duct of the case. If the re- Chief Justice, Sir Henry Gollun, appear before their Lordships an spondent would like an adjourn. and the Puisne Judge, Mr. Justice the same case. His Honour thement, his Lordship thought he Puisne Judge had already heard would be entitled to it, when it Wood.

the Summary Court hearing, arid was remembered that the mistak the first appeal. He (Mr. Potter) which made it necessary was considered the position was un-largely due to the suggestion by the Court itself for his repre- "I sympathise with the respon-sentation. dent in that his lack of funds

a

When the original case was first heard. Char Pui of 376,

tonable.

Queen's Road West, ground floor. claimed against Li Chok-yuen, of 31, Wing Lok Street, for damage will not permit of his engaging ation of costs, Mr. Potter it would Adressing the Court on the ques-. for inlawfully entering plaintiff's barrister, but the point is such an be a great hardship if the land- premises, and there seizing and important one of practice that lord was made to bear the costs of depriving the plaintiff of his furni- felt bound to raise it," anid Mr.

an adjournment, because he was ture, goods, chattels, and effects, Potter,

and for improperly distraining. Continuing Mr. Potter said the fighting the case on the question and for trespass. He also claimed only case bearing on the point of principle, and the $400 involved for the return of the goods or which he had been able to find had vanished in costs. The re- their value, and for damages. was one by Sir Francis Piggott inspondents legal advisors should Judgment was given for the plain-conjunction with ono other Judge. have seen that they were repre- sented in such a manner as would tiff, and an appeal was made and This laid down the practice of heard. Before a decision on the the Court of Appeal. It would allow of their proceeding with the appeal was announced, however, it seem that throughout the case case. The other side could not be was intimated that the evidence in there had been no doubt in the held blameworthy and muleted in the case would be heard, afresh. minds of their Lordships in that the costs.

It was argued during the appeal base, but that they were trying that when the acts of the land- certain points, as a Full Court: lord's agents were illegal and the in appellate jurisdiction. He Aftor a further short argument. agent had no direct or implied went от to sponk of the Sir Henry said Mr. Potter's authority to commit them, the essential differences between argument with regard to costs did landlord was not liable.

a re-trial and heating the case de not affect his mind considerabl“. This morning the appellant waa nove. In a new trial they could They would not be very large in represented by Mr. Eldon Potter, not, in the absence of witnesses, view of the fact that Mr. Potter's instructed by Mr. H. C. Mac-read depositions taken by the Fress, brief would continue for the next namara, whilst Mr. D. McCallum but in hearing a case de nove in the hearing. was for the respondent.

#

COURT ADJOURNS.

·

Appeal Court such a procedure

A suggestion by Mr. McCallum could be followed if any witnesses at this point that his client should. disappeared. The distinction be consider hie, position" during the tween the two precedures was rest of the morning, and that the the widest description.

RE-TRIAL POINT. "

SOLICITOR'S POSITION. Saying he would be lacking in duty if he did not raise an import-

case should be adjourned, until ant point, Mr. Potter said at the

2.15 this afternoon to give him an outset that he did not wish to Replying Mr. McCallum said opportunity of coming before the embarrass Mr. McCallum in any that with regard to the possibility Court, and indicating the course way, or their Lordships, but the of applying for a re-trial the point he would. take was adopted, Mr. Court was sitting in independent arose as to whether he would Potter raising no objection and not summary jurisdiction, and be out of date at that time. (5) Accordingly the Court adjouri ed Mr. McCallum had no right of His Lordship said there was not until this afternoon. audience. Mr. Potter, in claim- power provided under which a Ing that their Lordships were sit- Court then sitting could order, a ting in appellant jurisdiction, renew trial.

ferred to sections of the Supreme His Lordship (to Mr. Pattor) :-) Court Summary Jurisdiction I do not mind confessing that I am Ordinance, and emphasised that very sorry

Police and charity commission-

ers in Turis, co-operating to clear the city of street beggara, found. an old man named Cesare Marene, who seemed such a genuine "hard case" that he was sent to a home.

HAROLD LLOYD

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part which stated "the Full Court Mr. PotterYour Lordship will shall have power on every appeal realise that I felt it my duty on questions of fact or questions, His Lordship:-Oh yes. You of inw to try the case de novo." were bound to bring the point up and the police have now found him In that section he considered that It seems a difficult matter to gat "Full Court" meant a Full Court over. In that I agreed to Mr. Mc. (says the Central News) back in sitting in a Court of Appeal. This Callum's appearance, I am willing his old attle. Here, hidden in old was not an order for a new trial. to take the blame

coffee tins and other old, re

If it was, it would have been.pos- After being spokon to by Mr. ceptacles, the police discovered ible for either party to demand Justice Wood, Sir Henry said emil- coins weighing 220lb., as well as a jury, to add claims to the writ, ingly: The Court takes the bunk books showing balances and do all sorts of other things, blame. They had not considered crediting Marene with over £1,000. But, as it was, the Court was sit fully the effect of the words "on Marené was again sent to the ting as a Court of Appeal, and every appeal" in the acction quoted home and ordered to pay for, his were trying the case de novo. by Mr. Potter.

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