The Archive · 1911

British American Tobacco Ao., the Chinese En- Gineering and Mining

His Lordsbip—There was a case in today's list of the British American UN

'227

Tobacco Ca, r. The Chinese Bnginecring and Mining Ao., Ld., for which today was specially arranged for the hearing. The only notice I have in the matter ae consent rey on the application of the defendants, that the hearing of this -acti January 26, be postponed die with liberty ta apply, the resalt of which is that the three days which have been reasons now desirable that " ease should not come on even whea 4 special day has been fixed, bot it is entirely " matter for the parties to consider, aa it will certainly pat them certain amount of trouble and expense, (There has been mo reason whatever alleged for suddenly removing this case or failing to appear in this case to-day, affidavit or otherwise, and I it to be clearly understood that after " case has once been put down for hearing the best that can bsppen to it in these circumstances is that it be removed from the bearing list, and_it will have to be pot down again. That is what I shall do in this ease. By removing it from the hearing list it will remain as it was before it was set down for heating, which means, of course, that a s: oond hearing feo will have to be paid. I quite appreciate that this practice has growa up owing to there being in times past very few cases to be tried, and it being possible to bring them on without inconvenience at jarly time, That is not the cate now, My list is fall to the end of the mont No-one may have been pat to great i convenience at the present time, bat that I cannot tell, because I do not know who would have put down cases for to-day. In any event, three fall days are lost, which might have been taken up by other cases. The best I can do for the parties in the circumstances is to remove the esse from. the hearing list, The Court then rose.

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

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