The Pingon, MeCasliv, master, Andrew A.
for hiuiself and others, li A Phinney Blethen and Cai and others trading under the aty the Shanghai Tuy-boat Association, Clement Phinney Blethen, owner of the brig Condor, defendants, William Venn Drum:
eud, Proctor of the said Andrew A, McC upon the record that execution against the said Clement Phinney.
jethen and C, H. Wells for the sum of three thousand three hundred and day of March, 1880, together with int at the rate of twelve per cent per annum until payment.
Dated the 7th of April, 1880.
(Signed) _W. V, Drvanoxp. Proctor for A. A. MoCasux Mr. Ronrxsox explained that after judgment was given Mr, Drummond wrote to him to ask him to make a speedy payment 40 that he might nob have to file x motion asking for execution under the judgment. The judgment was given on the 31st of March, and it was served on him on the 2ud of April. Since the filing of the motion asking for execution, he had filed a notice of his inten+ tion to appeal against the decision of the Court to the Circuit Court for the District of California, and had also filed a motion that the execution of the judgment might be stayed until the appeal was heard. He went on to say that he did not think there bad been ang need for Mr, Drummond to ask for execution when he had already given notice of appeal, With regard to the amendment referred to in his motion, the words he asked to hav. erred were the very ones used in the judgment referred to, atid showed the capacity in which his clients were called upon to pay this His Hosovr understood that Mr. Robinson's motion was to appeal to the Circuit Court for the District of California.
Mr. Rani Mr. Duvmamoxp wished to observe with regard to the amendment that at the moment it seemed doubtful to him whether the Court thing now could deal with the decree as to the amendment, To him it seemed that it was final, and that only the appellate Court could deal with it, which Court was that of California. Even if there had been no change in the personnel of the Court, he did not think that Mr. Bailey could have altered the judgment. He had no objection personally to the amendment, but of course he could safely leave the Court to judge of the matter. He did not think the amendment necessary because the judgment sets out all the necessary facts, and refers to the Registrar to assess the amount of the damages. He proceeded to say that he had not seen avy motion for leave to appeal, and had hed no information on the point beyond a para-
Text read from the printed page and cleaned; old type leaves the occasional error.