In practice, the Chief Administrator of either division of the courts is not lawyer. Most of them have never opened a law book. Inspiration fur~ ished by Wang Chung-hui has led to the naming as head of the Appel-ate Court of a man whom, while Jhome-educated, holds a law degree, and who has spent some years on the bench, Quite a lot is expected of Mr. Tse Ying-chow, not only because of his long experience, but also because his IChiet Secretary is to be Judge Lo Powing, the only one around the courts who speaks fluent English. With a J. D. to his credit, Judge Lo came back from the United States; was the best Procurator Canton has ever hi land more recently has been an fudge in the County of Linping.
For the nonce the office of Chief Administrator of the District Court [stands vacant. Lo Po-wing was an aspirant, but his secretarial appoint Jment leaves Poon Hoon-ying the only Jcandidate. Even 0, someone else may land the job, of course, but if Mr. Poon gets the place it, too, will be ably filled. For he took law courses in France, and is the Vice-Chancellor of the' National Law Col-Togo to-day.
It is too early to know what me ovations will be introduced in the one respect the courts have been slipping, the trial judges arbitrarily failing to fulfil the provisions laid down in the Code of Civil Procedure under the heading "Attachments.
"The code chapter is imperfect in that the granting of an application, for the issuance of a writ of attack ment ig not a ministerial act; it is discretionary with the trial," judge whether he lets the plaintiff have it lor not. Discretion has been largely abused. unfit now it is practically Impossible to induce the court to give the one who brings a civil action for
tion.
recovery of money this protec:
Always foreign merchants are heard grumbling that it is a simple matter to. win a verdict in these Chinese tribunals; it Is next to impos sible to collect after winning. Shop-Jeepers get so upset about having Jattachment notices plastered on their Jdoors, and they raise such ery about ruination of business, that the Judges have come to think that only rarely should writs of attachment be issued, But if the new court administrations pan out as they are expected to, mem= bers of the bar are likely to start a Jmoverent to improve the court procedure.
Comparatively easy as it ip for Chinese shopkeepers to get friends to '20 on their bonds so that writs of attachment may be dismissed, the bonds being relied upon instead, it takes almost invariably some time to arrange for the giving of security so that court bailif—s lose their patience Jand stick up their notices, and there is a lot of red tape to be gone through Jin getting them removed. What Is Ineeded is a recognized bonding com pany. Conditions being as they are, any such company would doubtless bankrupt in its first year, native merchants having so many ways of covering up. They would slip away lover night, and the bonding company be left holding the bag.
Text read from the printed page and cleaned; old type leaves the occasional error.
