His Honoar gave his decision on the Demarer as follows The complainant to proceeding by enter been rendered othe American Con. salar Court at Shanghsi, Chins, on Janvary 8, 1903; (2) He seeks an accounting for acertain sum of money alleged to be due from defendants to complainant and which the Consalar ed, recites as being!
object of suit bert a pending said suit He prays ior writ ne exeat republi After filing original bill and after' filing of answer by defendants and in absence of objection from defendants, complainant was allowed to file an aroended bill to which defendants b jomarred. First—As to amount oot od by alleged judgement (Tle. 2,370. with interest and costs) it is not alleged that execution war ever bad, or [attempted to be had, If jadgement was obtained as alleged, it was rendered in the American Consular Coart, which Court at that time had preeamably fall jurisdiction and cantioned to hare fall at which time the Consalar Court was deprived of jariediction in a civil cause where the amount involved exceeded five handred gold dollars, Execation not haviog been bad in the Tris! Court and that Court meanwhile hi lost jurisdiction by reason of th involved, it probably fall proceedings in the matter ould to be taken in this Court. The action of this Court would wholly depend pon the case as presented. It is fundamental that action for recovery of It is clear to} iff' remed jot the action in debt. is laid in the bill which satisfies the.
Court that the remedy at law on this judgement will be inadequate. Second As to amount alleged to have been paid defendants by the complainant, appears not to have been embraced the jadgement. 80 far as the hi closes, the amount claimed tain amount of money alleged to beea paid to the defendants by the complainant.
Tt would appear that the ap action at law although the allegations made in reference thereto are insufficient to admit of any specific holding on that point. The fied on the averment that, whatever remedy may be appropriate for this item, who-_ then of Tam px inequity, a bill in equity joining this item of claim with a jadgement claim, is fatally defective. Third, It follows that no case is presented upon which the Court coo grant a writ me exeat republiea, As affecting the action of the Court on this demurrer, consideration has been given to the fect that nearly nine years have been allowed by the claimant to elapse since jadgement in the Consolar Court, without execution. While it is may pot be barred by thie long dola, possible that claimants' legd rights to minimize ground upon which mach breeds staleness and
appeal to the conscience of the Court, The demurrer is sustained. The bill is dismissed.
Mr. 0. G. Curtis, who represented gave notice of appeal.
Mr, Holcombe, for defendant, moved to strike from the rolls of the Coart the original bill as filed.
Mr. Cartis said that the bill was on the records of the Coart, and he did not see how it could be strack out.
His Honour—'The present bill is strack out, and it is for plaintiff to determine his next step.
U. 8. ROSS BURCHETT, The charge against the defendant that of committing arson at No, 8 West End Lane, the house being the property of the Shanghai Land and Investment Company.
promentel and Mr. W. 8.
E. Hinckley, District At-
Fleming defended.
The District Attorney, in outlining id that on the night of 12 " Shanghai police officer, accompanied by a Chinese constable, was commoned to No, 8 West End and he found that a fire bad taken place there. He saw the defendant there, and be made a declaration in regard to the fire, The house was the property of the Land: Investment Company, and it would be atated by of the company, who saw the building immediately after the oocarrence, that in his expert opinion this fire was not accidental, or caused by any other act than sri intentional act, Tt would be shown that there was an excessive iosorance upon the goods in the house, the property Mra, W. L. Rogers, that this insurance was obtained daring the short stay of Mrs. Rogers in Shanghai; and that the accused knew of the amount and natare of this insurance, The accused made preparations in view of an expected oocarrence, which the prosecution alleged to be the arson contemplated by him, It woold also be shown that his presence in the house on the night in question was sufficiently him the liability Police Sergt. Fairbaira, stationed at Hongkew, estated that on the night in question be saw s Mr. Corti near the house, and the defendant came in a ricsha s few minutes Inter.
Corti said went to fied bim for".
a smell of fi otrneel fla opened CHIGA aca
Text read from the printed page and cleaned; old type leaves the occasional error.