E. J. Hooa v. Can Fu-ru axp omens, Plaintiff in this case claimed a certain portion of land, from which defendants refused to move and denied plaintifis claim to it. Mr. W.A.C. Platt (Messrs. Stokes and Platt) appeared for plaintiff and Mr. T. Morgan Phillips (Messrs. Drummond, Phillips and White-Cooper) for defendants, The Assessor remarixed at the outset that the Magistrate and himself were agreed on many points in the judgment, but there were small differences in details and the Magistrate desired to give judgment vi voce in Chinese. He (the Assessor) had thought it better to write out his own judgment.
Mr. Phillips asked for copies of the Magistrate's decision, The Assessor said it would be taken down by the Court recorders and copies would be given to counsel on either side.
Mr. Platt observed that he had filed a judgment from the magistrate.
The Assessor stated that the Magistrate suid that that was not his judgment, he, (the Assessor) had seen' Mr. Platt with something of the kind, but had sent it back as he had not been consulted in it.
The Magistrate said the judgment he was about to render varied but little from the one mentioned by Mr. Phillips, and that the proper judgment would be given today—a proper judgment could only be delivered in open Court. He had not ce sulted the Asesor when he drew out his written judgment.
The Assessor made a statement that he had been instructed by H.M. Consul-
General that on the points on which the Magistrate and himself agreed there could be an order of the Court, but on points in which they differed there could be no order. There must be, however, time for appeal to the Taotai, if it was so desired. The Magistrate and himself agreed that the determination of any points on which they now differed must be left to their superiors. That had been the practice all along and though not laid down in the rules of the Court, it was now considered by the Consular Body as part of the constitution of the Court.
Mr. Phillip said that, as a member of the bar practising in the Mixed Court, with deference he could not assent to the Assessor's ruling.
The Assessor replied that it was not his ruling—he was acting under instructions from Mr. Pelham Warren. The Consular Body had come to that conclusion.
Phillips said he could not assent to any ruling not in accordance with the Treaties affecting the procedure of the Court.
The following is a translation of the vivid voce judgment given by the Magis-
(Translation).
In the matter whereby the Chao Feng Hong sues a native, resident of Chuchiat28, for refusing to give up certain land The Court finds that the said Foreign Merchant did formerly pay the sum of Tls. 1,800 ay Bargain Money and now holds a
for said land; but owing to the fact that title deed stamped by the Taotai as proof the Bargain Money was paid 36 years ago when the price for land was different from the present; and, further, because the said native is still anxious t+ sell his _property; it is hereby decreed that the parties to this case shall again come to an arrangement as to the price of the laud Im such a manner, that neither party would suffer thereby. Should such an arrangement be impossible then the contestants shall report to this Court and await the appointment of an arbitrator who shall give a award satisfactory to both parties to this suit.
The following is Mr. Bourne's
Text read from the printed page and cleaned; old type leaves the occasional error.