Shanghai, 22nd January.
Before F. S. A. Bouse, Esq., Acting Chief Justice.
Bauer ¢. Parrersox, Mr. J. H. Teoxdalo appeared for the appellants, and Mr. F. Ellis for the respondent.
Mr. Teesdale referred to his Lordship's suggestion at the last. hearing that the appellants might undertake to pay the respondent's losts of appeal to the Privy Council up to Tls. 1,000 and said that now his clients were prepared to fall in with his Lordship's views.
Mr. Ellis =aid that on behalf of the respondent, he must disagree with that suggestion.' Tt was quite impossible for him to state what expense his client™ would be put to, and therefore he could tot consent to any order except one providing for the payment of respondent's costs in Shanghai and an undertaking to pay stich costs as the respondent would nour in London in defending the appeal before the Priry Council. To nothing else could he agree.
His Lordship said ho did not think Mr. Ellis was entitled to that.
Ellis—I submit that if your Lordship allows appeal on these grounds you would impose terms.
His Lord-hip said that ho was not imposing terms at all; ho had no right to impose terms. If the appellants guaranteed costs up to Tls. 1,000, and paid the costs in the Supreme Court, then he would feel bound to do what Sir Ni Hannen did in a previous case.
In reply to Mr. Ellis, his Lordship said that the costs must be agreed upon. He could not place the appellants at the mercy of Mr. Ellis in this matter.
Mr. Ellis—I have already informed Mr. Teesdale of the amount to which I should agree, and that is that the costs in London should net exceed £150.
His Lordship referred to the difference in the rate of exchange from what it was selion the previous case was hear, and he said that this would have to be taken into account.. 7 After further discussion his Lordship said that if the appellants would undertake to be responsible for the costs of the Supreme Court in this case, and for any sum up to £150 of the costs of the respondent in London, he would be glad to grant leave to appeal. But he was not prepared to take the responsibility of granting such leave if the appellants were not able to grant the respondent any costs. The
Text read from the printed page and cleaned; old type leaves the occasional error.