This was sri appeal from the previous session, to be beard subject to the appellant paying costs incurred in the Lower Court.
P, White-Cooper appeared Nijhais applied for a pestponip—Why?
Dr. Nijbois—For the reason stated There is 00 application Bled in the case, I'am told. Where did yon file the paper Dr. Nijbuis—Here in this Court, Mr. White-Cooper said plaintiff bad been ordered to pay the taxed costs before the appeal was allowed to proceed, or give security for them. He had' nit done so, and be bad not brought in any particulars required to be brought la ander Section 7 of the Dr. Nijbois said he bad filed the Paper His Lordehip—Have you paid. the costs of the Lower Court Dr. Nijbois—No. I cannot pay them. am a pauper.
Dr. Nijbuis added that be handed his papers in and was told everything in urder.
Lordship—Lt is quite clear that your are not io order because you have not filed the necessary papers oder Rule 7 for your sppesl to go on. Bat in order that we way be quite sore what has happened in the Regis we adjourn the case until to-morrow in order that your papers may be looked for, You must yourself give every agsixtance to the officers of the Court to find these papere.
Shanghai, Deo. 5 This was an appeal by Dr. against the decision of the Assistant Judge in thie case, Dr. Nijhnis appeared on his own behalf, and the defendants and respondents were repreeeted by Mr. A.8.P. White Jooper.
The Judge said that he observed from bis{notes that the appeal had been restored to the bearing list on condition that security for the nopsid costs or the payment thereof should be made. This undertaking bad not been fulfilled, aod therefore the case ought not to have been put on the list.
Dr. Nijhuis said he was prevented by the law code from carrying out that condition, All his papers were in the bands of Mr. Wilkinson, his counsel at that time, who refused to gi them beck, He therefore ap) to the Court six weeks ago for an order to allow him to sue Mr. Wilkicson as apanper in order to get back his papers, bathe received no answer. As he a got a reply to this serious roquist, weeks ago he applied to the Foreign as a pooper, and asking them humbly to allow bim to have his money beck, and to have his papers back. The money he wanted back was 30,000 gauders, which be bad had to pay to the Biak Ca.
The Judge ssid that that was the question of an action, The Foreign Office cond not _order the Siak Ca. to pay back his 30,000 guilders.
Dr. Nijhois eaid that be wanted to one the Sisk Ca. an & paper.
The Judge pointed out that he bad been ex cared his Court fees. As far a8 he knew, since be madi to the Acting Jadge in hi absence, in the Sisk case, be had been pat to no expense whatever, Dr. Nijbais—Of course, The Assistant Jadge—Tbere is no of course. I give yon permission to go on with that ection against the Sisk Ca. witboot the payment of bot I retared to allow you to sue in [forma paupers because I did not think you were " proper perso.
The Judge pointed out that as he could gather Dr. Nijhi appeared an the representa ti Rembangeche Petroleam Ca.
Dr. Nijbois said that was not id that he was going to make an observation upon that point. Hiv Lordship would remember that the contracts in thie case wore rade between the Rembangsche Petroleum Ca. and the defendants Craig, Ao. and the South Sumatra Development Go. They were the people with whew the arrangement was made, aod who would la ordinary coarse come into this Court and enforos their agreehais who said that the Rembangsche Petroleum Ca, bad dropped out.
The Judge remarked that the power of assignment was by Dr. Nijhois to bimealf, under a power of attorney which be said gave him power to do 80.
Mr, White-Cooper said that that assignment was bad on two grounds. First, in English law they could not assign litigation. Ho might almost describe it as a trick to evade the payment of costs, By claiming to be pauper it deprived his (counsel's) clients their coste, which amounted to over $1,000 and which had never been paid, because be nid he could rot pay the coste, It was a very great injustice to his cliente. Both theee defendant companies were in liquidation, and the liquidation could not be completed owing to this pending litigation. Hi would ask that an end be pat to this litigation, The Court had permitted him to restore the appeal to the list on the condition mentioned. This bad not, been complied with, and be therefore appeal be strack out, iced the lo to obtain hie papers from Mr. Wilkinson.
His Lordship said that Mr. Wilkin son bad offered to give him back his papers on his giving " receipt, 20 that
Text read from the printed page and cleaned; old type leaves the occasional error.