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appeal. He might fairly state that they did not want to a peal unnecessarily. They wished to obtain a copy of the notes of the evidence taken before the Land Court and to have an oppor tunity of "considering the matter so that they could decide whether or no it was worth going ba with the appeal, and if the case appeared at all doubtful they would be only right in advising the appellant not to continue the case; but surely they were entitled 10 know the evidence upon which the case had been decided against the appellant. By some error or slip he had not been given notice and he did not attend the Court and had no means of ascortining what evidence was taken in his absence, He would ask his Lordship to give them two or three weeks to obtain and consider the evidence and decide whether or no it was worth while going on with the appeal. The applica- tion was based upon irregularities in the Court below and it was difficult to know exactly what to do. The case was not met by the Ordinance at all. "An i regularity had unfor- tunately occurred, and there was no:hing in the Ordinance which dealt with an irregularity.
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THE HONGKONG WEEKLY PRESS AND
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[March 14, 1963.
had a great many claims and the Court allowed | yards apart when the whistle was blown. He a good many of them he should not go and say did not hear any austering blast from the “I must have an appeal” if one claim was de- | Fame. The launch went to pört. He did not cided against him." The man on the other side know whether the Fame changed her course. might be a very poor man and before the appeal | The launch was of course encumbered by her was settled by the Supreme Court the expenses tow. He did not know which boat was going might run up to some thousands of dollars, so the faster. that the rich man who chose to appeal could set The owner of the cargo-boal stated that his up such a state of things as would make a poor boat was being towed from the Canton steamer claimant rather give up half the land he claimed wharf to the Empress lashed alongside than fight the cise, Of course he did not a steam-launch. As the Fame ар- suggest that that applied in this caso. He was proached the launch blaw two blasts on her willing to give the appellant a month to con- whistle. The Fame struck his boat” and sider the matter. Ile very much doubted, damaged her. The Fame was going the faster. however, that a reversal by the Supreme Court Mr. Looker before calling witnesses for the of the decision of the Court below w nld be defence stated that the defendant's case was satisfactory, for if there were five claimants and that the boats were crossing boats and the No. 1 got the award of the Supreme Court as lauuch should have kept out of the way. Instead against No. 5 it was still open for the other of going to port she reversed her engines and claimants to contest the title of the successful | went astern. claimant in the appeal. The best and most substantial justice could be given by these claims being tried expeditionsly, with as little legal technicality as possible, by a tribunal of men like the Land Court, thoroughly acquainted His Lordship did not think the Ordinance with the work and without bias. Litigants contemplated the cross-examination by every ought as far as possible to be satisfied claimant of every witness who was examined in with the decisions of the Land C art, know the Land Court. If the Land Court was striolly ing that it was composed of men more able bound down on legal points and technicalities it fa arrive at a good conclus on than the might as well never have been constituted. If Supreme Court Suppose they were to hire a every case that came before the Land Court Hadro-hearing they would have to bring in all the to be tried precisely in the same way that casos claimants. If there was a couns to cross- were tried in the Supreme Court he would examine the witnesses the hoaring of evidenco guarantee that the Court would be doing would occupy a longer time than it did in the nothing else for twenty years but trying Land Curt. If would take them about a such cases. The idea of the Ordinance was this: fortnight to hear a case and it would be so They had got an immense number of claim, prohibitively expensive that only a rich man many of which could not be substantiated if could undertake it. If it was a poor man du investgiated strictly in a court of law, some the other side he would rather say Take the based on occupation and some on old documents, land." He would advise them to see that they many of which were imperfect copies of originals had a perfectly clear case before proceeding. and were solemnly put forward as proof,
for in the last case of the kind there were very na atisfactory affidavits.
Mr. Slade-But they admit they are copies. His Lordship said they admitted as mach only when cross-examined. In the Supreme Court these woull be called forgeries In some cases no less than five claimants sent in claims, all apparently good titles. Now, four gut of the five must have been forgeries. Of course if a man did not like a decision of the Land Court he had a perfect right to appeal against it, but it was better that the cases should be decided by two or three people conversant with the subject than that every- body should be put to an enormous expense. He supposed that 30,000 or 40,60) of the New Territory claims had been settled satisfactorily to all parties by the Land Court. It was right, he thought, that in the case of valuable property there should be an appeal. He foresaw at the time the Ordinance was framed that there would be a good deal of difficulty about these appeals. In this partica'ar case he thought the best thing to do was to adjourn the further hearing of the application so as to give time to obtain a copy of the notes of the evidence taken by the Land Court. That course was preferable because it gave time to apply for leave to appeal on certain terms. If the appellant got the notes and after con- sidering the matter came to the conclusion that he did not want to go on with this case the other side would not be put to any expense. II there was a rich man on one side and a poor man on the other the poor man had the worse chance. It was put down in the Ordinance that lawyers had not to appear for claimants before the Land Court. But if every rich olaimaut employed a lawyer to go to the Land Court and demand a copy of the evidence so that he could decide whether he would or would not appeal, the Land Court would have to furnish many hundreds of folios.
Mr. Slade contended that it was rather hard that his Lordship should make these hard remarks, because in this case they did not know what the evidence was that was given on the other side. The successful claimant in this case was a clerk in a solicitor's office and was formerly in the Land Office. He speculated in the same way as the appellant and he had an opportunity of being present at the hearing of the evidence and knew what evidence he had to
meet.
His Lordship repeated that he did not apply his remarks to this case at all. He was speak- ing of the general principles. If a man
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Capt in McIsaac deposed that he was at that time captain of the Fame. He was coming ` from the east. As tho Fame' neared the launch the latter gave two blasts which indicated that she was starboarding her helm and going to port. He did likewise. Then the launch went astoin. The vessels were crossing vessels. The launch had the Fame on her starboard side. He was going slow before the collision' on account of the crowded state of the Harbour. The cargo-boat was hardly damaged. The Fame just grazed her gunwale. It was the piled-up caro that got the bulk of the blow.
Cross-examined-When he first saw the cargo-boat with launch they had each other on the starboard side. He had the cargo-boat a little on the starboard bow. Being on the starboard bow, it was his duty to keep out of the way,
And yet you took no precantions P-I did so I went slow,
But you said that was in consequence of the Harbour being full of shipping; not because of this cargo-boat-It was one of the causes. The time between the launch giving two blasts Mr. Slade assured his Lordship that here they on her whistle and the collision would probably had a perfectly clear claim. The successful b、 a minute. It was quite possible for the o'aimant was a smart solicitor's clerk and he launch to go astorn in that time notwithstand- was present at the hearing of the evidence adding her tow-the Fame could go astern in six was able to cross-examine the witnesses, and seconds. If the launch had blown three blasts the Court, decided in his favour.
he would have known that she was going astern Re-examined-The launch with har tow was one of the boats that helped to make the Har- bour congested and caused him to go slow.
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His Lordship stated that the observations he had made were made with regard to appeal & generally. He did not encourage appeals from the Land Court because he very much donbted whether the Supreme Court was better able to consider them and decide upon them, ou the absolutely technical, lagal grounds upon which they had to go. He fixed 16th April for the fur her hearing of the case.
The Court adjourned.
Wednesday, 11th March.
IN SUMMARY JURISDICTION.
BEFORE HIS HONOUR A. U. WISE (PUISNE JUDGE).
SEQUEL TO A COLLIBION. Lo Kam Loy sued the Doc's Company for $259.25 in respect of damages done to lis cargo-boat No. 791 in a collision with the Fame on 12th December in the Harbour. Mr. E. J. Grist, solicitor, appeared for the plaintiff and Mr. U. W. Looker, solicitor, for the defendant.
Mr. Grist, in opening the case, stated that there was no dispute as to the collision having occurred. Plaintiff's boat was being towed from the Canton steamer wharf to the Empress, and was lashed alongside a steam-launch on the starboard side of the launch. The Fame was going from east to west, and in attempting to pass under the stern of the cargo-boat she struck her in the stern and camed damage to the extent claimed.
Captain H. Ratcliffe of Messrs. Panchard, Lowther & Co.'s dredger St. Enoch state that they were passing by the scene of the collision. The Fame was proceeding from east to west. The_cargo-bost was going straight across. He heard two blasts from the steam launch, which meant that they were going to starboard their helm.
Cross-examined-The boats were about 100
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The Chinesa helmsman deposed that after the launch blow her whistle the helm of the Fime wis put hard a-sʻarboard. The lannch went asteră.
His Lordship in delivering, judgment Raid he would have liked a little more evidence before giving a decision, but of cours; he had to go apon what he had. He did not think there was any question of contributory negligence in the caso, for it seamed to him that the sole question WAS: Did the tag go astern or not? If it went astern it was clear that it was to blame. If it did not go astern then the Fame was to blame.' There was evidenca by two people that the tug did go astern, aud it was absolutely uncontra- dicted by the other side. He gave judgment for the defendants with costs.
a dentist's account.
W. Macleod, dentist, sued J. G. Smith for the sum of $165.12 in respect of the supply to the defendant of one fall set of sıtificial teeth on vulcanite with gold attachment and of the repair of a plate. Mr. Paget Hett, solicitor, appeared for the plaintiff and Mr. E. J. Grist, solicitor, for the defendant.
Plaintiff stated that there was no agreement with Mr. Smith as to what the price was to be.
Defendant deposed that he arranged with the plaintiff that the price was to be $75. After- wards he further arranged for the repair of a plate for $25, making $100 in all. "He had actually paid $105. There had been several financial dealings between Mr. Macleod and himself.
His Lordship said he had never heard of such dentistry work being done here for $100, A Chinaman would 'not put in a set of teeth; for that money. He had heard of $700 and $500 being paid over and over again, and as there was no evidence before him to show that there had been an over-chargo here he would give judgment for 8:50 with costs. That was not too much for the work done.
The Court adjourned.
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