Butler were applicants for exemption from service as jurors on the ground of age, each applicant being over sixty years of ago.
Tris Lordship struck the names of all the applicants from the jury list.
E. axp F. Mason v. A. C. Aucar.
Macleod appeared for the tiffs, and Mr. F. Ellis for the defendant.
The petition was as follows Petition of Ernest Major and Frederick Major the above named plaintiffs shows as follows:
'1.—The plaintiffs are British Subjects.
2.—Defendant is a British Subjects resident in Shanghai.
3.—The plaintiffs are the beneficial owners of " certain piece of land situate the Foreign Settlements of Shanghai and measuring in area 4 Mow 5 Fun or thereabouts.
4.—Tho plaintiffs hold the said land under part of a Fangtan marked "A" and registered under the character " Nien" and Numbered 357, a Fangtan marked "B" dated Hsien Fung 5th Year registered under the character "Nien" and Numbered 358, a Shenko paper marked "C" and dated the 8th Year of Kwangsu and a Bill of Sale dated the 2st Year of Kwangsu 7th Moon to which Fangtans, Shenko paper and Bill of Sale the plain: tiffs crave leave to refer.
5.—On some date prior to the 30th day of April 1902, Ying-wen-sun, sometimes known as Yeng O-shing, formerly Kingsmill's Compradore, appeared before the District Magistrate and represented falsely to his knowledge and fraud-lently that the Fangtans, Shenko papers and Documents of Title of the said land or part thereof were lost and the said Ying Wen-sun or Yeng O-shing, by such false and fraudulent representations obtained from the said Magistrate a Certificate of Title to the said land or to part thereof.
6.—A Shenko paper or Chineve Title Deed was obtained from the Taotai by reason of the said Certificate or such false or fraudulent representations as aforesaid.
7.—Tho defendant by reason of the false and fraudulent representations ani under or through the said Certificate Shenko paper or Title Deed stands reg tered in the Book kept at His Britannic Majesty's Consulate Land Office for the registration of land as the owner of Lot Number 3152 under Title Deed dated the 6th day of October 1899 which Lot is in the said books stated to be of an area of 1 Mow 2 Fun 5 Li 4 Hoon and is part of the said land belonging to the plaintiffs.
The plaintiffs therefore pray:
1.—For an order restraining the de fendant from transferring, conveying, charging or otherwise dealing with the said Lot 3152 until such time as the rights of the plaintiffs and the defendant respectively may be determined by this .—For an account of rents and profits reosived by the defendant in respect of the said land and an order that the amount of the same be paid to the plaintifis by the defendant.
3.—For an order declaring that the defendant has no Title to the said Lot 3152 and that the plaintiffs are the benoficial owners thereof.
4.—For an order that the defendant do transfer the said Lot to the plaintiffs and do deliver to them all Deeds and Documents relating to the said Lot or to the Title thereof, and for an order that the plaintiffs be registered in the said Books 45 the owners of the said Lot.
6.—For such further or other relief as the nature of the case may require.
The defendant to this Petition is Albert Edmund Algar of Shanghai, Architect and Surveyor. A Mr. Macleod said that the petition in this case had now been filed, and he asked his Lordship to extend the injunction against the defendant. 5 Mr. Ellis stated that the petition raised two or three points that should be argued before his Lordship previous to any injunction of an interim character being granted. In the petition the plaintiffs claimed that the defendant should trans-for to them the said plot of land.
His Lordship said he could take no notice of that. Whatever preceded the Taotai's deed he could not go into. If this had been a matter registered in the British Consulate he would have jurisdiction over it, and be able to grant the request contained in the petition, but' under the circumstances he was unable to do so. Alli that he could do was to grant Mr. Macleod a short time in which to prepare his case, if there was a case, 08 behalf of his clients, the land meanwhile to remain in one name, and a guarantee would have to be given that in consequence of that Mr. Algar suffered no injury.
Mr. Ellis asked that the petition should be dismissed, as it did not disclose any cause of action. He did not propose to argue that point now, as it would necessitate the citation of several authorities in support of the argument that Mr. Algar was in possession and a bond fide purchaser of this piece of land.
His Lordship—You have already argued on these points before, and my mind is already made up.
Dir. Ellis—Not these points, my lord, as they were not raised.
His Lordship replied that Mr, Macleod had intended to make a petition for an interim injunction to allow him time to pursue his case in a Chinese Court. If this petition were granted it was quite Jear that the land ought to be kept where was for a couple of months in order to indemnify him from any injury he might suffer.
Mr, Ellis said that it was not a question of fairness but one of law. If a petition was brought into Court which did not disclose the point he had mentioned it was not entitled to a hearing.
His Lordship—Tho facts of this case have been gone into twice before, and I know perfectly well what is at issue in this matter. All Mr. Macleod can ask for here is that the land shall be kept where it is for a reasonable time until he can roceed with his case in the proper place, must grant an injunction for two months, Mr. Macleod guaranteeing Mr. Algar compensation for any injury which might be dono him.
Mr. Ellis—Doos your Lordship hold that, you will be bound by the finding of the Chinese Court His Lordship—No, not in the' least.
Mr. Ellis—Well, they are never likely to succeed in the action.
His Lordship—All they are entitled to ask while they are proceeding in the Chinese Court is that the land shall not be shifted about from one to another, that is subject_to Mr. Macleod giving the giaranteo I have mentioned.
Mr. Macleod asked Mr. Ellis if ho was willing to accept an order that the defendants should pay damages, Mr. Ellis—Mr. Macleod has represented to mo that Mr. Arbuthnot, who holds Mr. Major's power of attorney, is not now in Shanghai.
Mr. Macleod—An order of the Court for the recovery of damages is just as good as an undertaking in writing, I do not think it is necessary unless). Mr. Ellis insists.
Mr. Ellis—I am prepared to take Mr. Macleod's word that an undertaking will be given on the return of Mr. Butler.
His Lordship said that the simplest way was that Mr. Arbuthnot should give an undertaking, Mr. Macleod thought that the reason for an undertaking was morely to have something on which they could sue Major Bros., if it was necessary.
His Lordship expressed his unwillingness to undertake anything in this matter. Thoro were different Courts in Shanghai, and unless they wore going to consider other jurisdictions they would make thing very difficult. Of course counsel came into that Court believing ho had good cause of action, and asked that the legal owner of this land should be stopped for a short time from parting with it. If the plaintiffs indemnified him he (his Lordship) would stop him from doing
Text read from the printed page and cleaned; old type leaves the occasional error.