The case had been adjourned in order that the plaintiff should bring security against his nou-success to the extent of Tls. 3,000, the amount of xn award against him in the Awerican Consulac Court, which he desires to have set aside.
Plaintiff now brought into Court as the require security, scrap for 100 shares in the Chang Ssu-ho's Gardens, Ld, the face value of which was in excess of the security required.
Mr. Macleod for the defendant objected that the scrip offered was of no actual value.
Mr. Jones said that although the shares were not quoted on the market, shares hud changed hands in the last two months at Tls. 30 per share.
His Lordship said that the security was only required in order that defendant should not be in any worse position than he was at present by reason of delay in consequence of the award nut being neted upon immediately. It could be agreed that the hearing of the main issue should be fixed for an early date.
Mr. Macteod accepted the security under these circumstances.
His Lordship rendered a decision as follows: The pi having deposited 100 shares in the Chany Ssu-ho's Gardens, Ld., and having undertaken to have th resistered in the name of any person nominated for that purpose by the Court, yt" abide by the result of this suit, it is ordered that the issue as to whether the award ought to be set aside shall be tried first, and on the defendant filing his answer as far as regards this issue on or before the 23rd inst. this suit shall for trial of this issue come to be heard on Tuesday. the 6th day of January, 1904, at 10.30 a.m., and in the meantime that the defendant be restrained from prosecution, and any suit or proceedings in any other Court relative to the matters in issue on this suit. Ibis agreed by the parties and it is so ordered that the shares referred to he transferred into the name of Mr, Loftus E. P. Jones.
Text read from the printed page and cleaned; old type leaves the occasional error.