The Archive · 1915

MIXED COURT APPEAL CASE! AN UNAUTHORIZED COURT

IN SHANGHAI

An into Zand portant matter was dealt with in the Stixed Court on Monday, when Mr. Holborow made an application o Mr P. ut Jones Magistrate Vu that shor id be taken with reference to note Court of Appeal now auctioning within the Settlem t the Bureau of Foreign Affa Rubbling Well Road, purporting case in which Dzung Wo-we was the plaintiff and Kyung Sian yuin was the defendant. He (Mr. Holborow) had appeared in the Mixed Court for plaintiff, and Mr. Rice for the defendant, and the property involved was all within the jurisdiction of the Mixed Court. So far as he knew, no other notice pt that appearing in the Chinese press had been served on the counsel or the litigants concerned in the matter, It has been his intention to apply for a summons against the newspapers for having published a false report, but he had since learned that some sort a body calling itself a Court, purporting to have power to deal with and over-ride judgements given in the Mixed Court, really did sit on the date specified in the papers.

Counsel said he did not know who the persons constituting—this so-called Court of Appeal really -]were, but he understood—that there were certain Chinese lawyers present.

The Assessor said that there were three, and he had had summonses issued for them to show why they should not be struck off the rolls the Mixed Court.

Mr. Holborow pointed out the far-reaching effect of these proceedings, of people holding Court and overriding and upsetting decisions of the Court given by properly appointed assessors and magistrates, and he asked that in addition to the summonses issued, the papers publishing the notice should called upon to publish another notice to the effect that the Court of Appeal had not been properly constituted; further that the parties functioning in the so-called Court should be called upon for an explanation, The Assessor:—The Court which sat at the Bureau of Foreign Affairs on Bubbling Well Road on Decem: ber 24 had no authority to do so; it was not a properly constituted Court and had no authority whatever to review or discuss the decisions given by the Mixed Court. No litigants of this Court need answer any notices or summonses emanating therefrom, and all counsel practising in the Mixed Court who apper before this so-called Court of Appeal do so at the risk ctriick off the rolls, 1 the late Lord job and that he was very prowl of us. Not bad from a General to a single company Certainly sur fellows are splendid, they have fine out here and well nts in Chin civ ard at the Mixed jon of 191) nid tha erve it, Some of the things I saw done well deserve recognition, ly two cases of bringing in wre We lost sever. several Chine henspapers to the effect that thy Court alway ed by Google jitized by Google Original from

Text read from the printed page and cleaned; old type leaves the occasional error.

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