@ay, before His Honour Judge Skinner Buener, @ motion was brought forward in the case of T. Ab Yue (carrying on business as the Kong Yie Engine Works) v. the Great Eastern Ca, Ld. (Messrs. S.A. Seth & A. Mancell, Liquidators).
Mr, J. H. Teesdale appeared on behalf of the plaintifis, whose motion was that the sum of Tls. 9,000—paid into Court by defendants in part payment of an award made on submission to arbitration, by consent of both parties, of the subject matter of the action,—be paid out to the plaintiff, and also $350 paid into Court by plaintiff as security for costs, be returned to him.
Mr. Teesdale said that judgement was delivered in June, 1919, and at that time it was agreed that the subject in dispute—concerning a steam roller—should be divided into two parts. On one of them his Lordship decided in favour of plaintiff. The second part, by agreement between them, was submitted to arbitration, and the award of the arbitrator, now published, was entirely in favour His Lordship—What right have the parties got to take matter out of the jurisdiction of the Court, once having invoked its aid? Ido not think you want an order if Mr. Anderson (counsel for defendant) consents.
Mr, Anderson said he consented to the motion.
His Lordship pointed out that the parties would be in a much stronger position if the matter Yad gone through the Court. As it was, they could not get exe-caution on this arbitrator's award.
Mr. Teesdale—-No, my Lord. This award has not been filed; but the money has been paid onto Court.
His Lordship—Then you don't want to come to me to take it out, if the other side consents, After further discussion of the point, his Lordship said it would have been very much better if the parties had followed the' procedure laid down in the Order in Council. Under the order his Lordship made in Chambers, defendant had pay $2,000" into Court pending decision of the case, and plaintiff, who deposited security for costs, now asked for payment of these two sums under the award. Defendant consented, and it, therefore. seemed unnecessary to make an order thas the money be paid out; and besides, his Lordship was not sure that he had jurisdiction.
application with regard to costs would be granted. costs to include costs of the motion.
Tur Rev. C. R. Duppuy, Bishop-Designate of Hongkong, was 10 be consecrated in England on St. John the Baptist's Day, June 24.
Text read from the printed page and cleaned; old type leaves the occasional error.