The Archive · 1911

And Legal Advisers of the Siak Indrapoera Rubber Concessions

This was " motion in the Sopreme Court by Dr. mandamus to G. W. King Es magistrate, to irene hie sworn information to the directors of the Sisk Indrapoers Rubber Concessions Ld., and their counsel and solicitors for conspiracy. Dr. Nijbais Jodge asked what crime he anid in information, Dr. Nijhai that he coald not tell what it was in English law. He bad given them the facto, aod he was not in a position to say whether it would be " criminal offence, It sorely woold be " criminal offence if a shareholder could be struck off frandalently.

The Judge asked if he alleged that Mr. King had not considered the question, or that he bad considered it and made o mistake, ull that, He had delivered the paper Ni id that be could not jerefore not under any of the provisions by which it was directed that the Fall Court should sit noder the Order in Council, It was quite obvious that there must be some means of bringing to this Court each matters as were pro-Mr. perly dealt with io England by rit of mandomes, The appli ion might be made to a jadge of the Court, or it might be made to the Court, Toasmach this was, so far as he knew, the first application of thie nature, he thought it desirable when his notice was called to the motion which Dr. likely to make, that it o'clock one avenin; end the following morning he gave him his answer, The Judge delivered his jadyemont on the case as follows A writ of mandamus will ordinarily issue to an officer, the Judge of an inferior Court, or whatever be may be, to compel him' to do duty which he has neglected. This information on oath was banded by the complainant to the Magistrate on the evening of one day and so far ax I can gather from the statement made be considered the and next day retareed it to ing that in no ground for He therefore has that the Supreme Court, as fally constituted aa it could be, should deal with the matter.

Dr. Nijbuis theo read a lengthy information, explaining that it was an application for mandamus to issue erded the Directors "of the Sink Indrapoera Rabber Concessions, Ld. and to the lawyers, Mr. Macleod, Me. Jones and Mr. Douglas, the legal advisers of the company, in regard to hie charge against them for forgery or for haviog caused forgery of the register of sbareholders of the Sisk Indrapoera Rabber Concessions, Ld., to enable them to defend the action. Dr. Nijbuis theo termed the frandalent defence to the action he had ra The Judge remarked that that action mas pending before the Cour hen the Court had tried that action, if the Court thought that any fracdolent defence had been pat up, the jadge no doubt would take the osasl course of sending the papers to io order that taken. beard of thing that because people. put up a defence led in his daty, that in to der whether a summons should be sued to certain people to come in and avower a charge. I think, he being an officer of the Court, and sitting in the same building as state that we document of thi Mr. King, receives his most carefal attention; it is not alleged that be did not consider it, and I have personally no doubt that he did. Io these circumstances " writ of mandamus would not issue, ought not to issue, and 1 do of think me hare even the power to issue it, Bat on the other hand I may go farther and state that, ts for myself, havi the information read by Dr. Nil an action pending and has been pending for a long ti in this Court, There action commenced by Dr.

is some time back against the Siak Lodrapoera Rabber Conceesio which came on before me the other day on the question of pleadings. In that

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

Your account