IN THE HIGH COURT OF JUSTICE. King's Bench Division. (King's Remembrancer.) Middlesex, to Wit. Information. The 17th day of November in the year of Our Lord 1903. Sir ROBERT BANNATYNE FINLAY, Knight, the Attorney-General for our Sovereign Lord the King who prosecutes for His Majesty in this behalf informs the Court as follows that by an Agreement dated the 27th day of January 1902 and made between His Majesty's Principal Secretary of State for the War Department and the Defendant A. B. to which said Agreement the Attorney-General refers the Court, the Defendant agreed to proceed to Hong Kong for duty there as a Temporary Surveyor on Engineer services for a term of not less than three years from the date thereof if required by the said Secretary of State so long to serve at a salary of twenty-five shillings a day for seven days a week to run from the time of his arrival at Hong Kong till the termination of his services and it was by the said Agreement further provided that if the Defendant should fail to serve as agreed for the said period of three years if required he should pay to the said Secretary of State by way of liquidated damages the sum of one pound for every day until the termination of the said period of three years on which the said Secretary of State should be unable to procure the services of some other competent person and the Attorney-General further informs the Court that the Defendant duly proceeded to Hong Kong in accordance with the said Agreement arriving at Hong Kong on March 21st 1902 and from that date performed his duties there under the said agreement until the 9th December 1902 when the Defendant though he was required by the said Secretary of State to continue his services as such Temporary Surveyor as aforesaid for the said term of three years yet he the Defendant nevertheless wrongfully quitted the service of the said Secretary of State and refused further to serve the said Secretary of State as such Temporary Surveyor as aforesaid and the Attorney-General further informs the Court that the said Secretary of State by reason of such refusal was for a period of 159 days unable to procure the services of some other competent person in lieu of the Defendant and that the Defendant is liable to His Majesty in respect of such period under the said Agreement in the sum of £159. And the said Attorney-General who prosecutes as aforesaid further informs the Court that by the said Agreement of 27th day of January 1902 and made between His Majesty's Principal Secretary of State for the War Department and the Defendant A. B., the Defendant agreed to proceed to Hong Kong for duty there as a Temporary Surveyor on Engineer services for a term of not less than three years from the date thereof if required by the said Secretary of State so long to serve at a salary of twenty-five shillings a day for seven days a week to run from the time of his arrival at Hong Kong till the termination of his services and the Attorney-General further informs the Court that the said Defendant duly proceeded to Hong Kong in accordance with the said Agreement arriving at Hong Kong on March 21st 1902 and from that date performed his duties there until the 9th December 1902 when the Defendant though he was required by the said Secretary of State to continue his services as such Temporary Surveyor as aforesaid for the said term of three years yet nevertheless he the Defendant wrongfully quitted the service of the said Secretary of State and refused further to serve the said Secretary of State as such Temporary Surveyor as aforesaid and the Attorney-General further informs the Court that by reason of such refusal His Majesty has sustained damage in the sum to wit of £159 which sum the Defendant is liable to make good to His Majesty. The Attorney-General claims on behalf of His Majesty the sum of Plea. IN THE HIGH COURT OF JUSTICE. King's Bench Division. (King's Remembrancer.) The 7th day of January in the year of Our Lord 1904. A. B. by C. D. his Solicitor says:— 1. He never agreed as alleged. 2. And for a second plea he says that he is not guilty of the alleged or any breach. 3. And for a third plea he says that he was induced to enter into the agreement alleged by material misrepresentations made by Mr. E. F. and Mr. C. D. being the persons who on behalf of and acting for His Majesty's Principal Secretary of State for the War Department deputed thereto by him negotiated and made the said agreement by reason whereof the Defendant became and was entitled to rescind the same which he accordingly did on the 9th day of December 1902. 4. And for a fourth plea the Defendant says that the said agreement was entered into under a mutual mistake of fact forming the basis of the said agreement and going to the root of it which entitled him to rescind the contract and he accordingly did so on the 9th day of December 1902. Particulars under paragraphs 3 and 4. [Particulars of alleged misrepresentations and mistake set out.] The 5th day of February in the year of Our Lord 1904. As to all the pleas of the said A. B. by him pleaded to the said Information His Majesty's said Attorney-General on behalf of His Majesty joins issue thereon. Therefore let a Jury come. (Signed) HENRY SUTTON. Delivered by the Treasury Solicitor (L. C. B.) 276 Royal Courts of Justic Strand London Solicitor for the Informant. To the Defendant or his Solicitor. Information for the Recovery of Rent, &c. from a Tenant. IN THE HIGH COURT OF JUSTICE. Queen's Bench Division. (Queen's Remembrancer.) Middlesex in the year of our Lord One thousand eight hundred and Sir CHARLES RUSSELL Knight the Attorney-General of our to wit. Sovereign Lady the Queen who prosecutes for Her Majesty in this behalf informs the Court that A. B. is indebted to Her Majesty in the sum to wit of £163: 68. 5d. under a written Agreement of Tenancy dated the 22nd day of April 1885 and made between Her Majesty's Principal Secretary of State for the War Department of the one part and the said A. B. of the other part whereby the said A. B. agreed to become the tenant of the messuages and lands in the parish of X. in the county of Y. described in the schedule thereto from the 25th March 1885 and thenceforth from year to year and to pay to the said Secretary of State the yearly rent of £118: 18., and to pay all tithe rent-charges charged upon the said premises, the said sum of £163: 6s. 5d. consisting as to £147:11s. 3d. part thereof of five quarters arrears of the said rent the last payment thereof being due on the 24th June 1892, and as to the sum of £15: 158. 2d., the remainder thereof, of sums properly paid by the said Secretary of State on account of three half-yearly payments of the tithe rent-charge charged upon the said premises the last payment thereof being due on the 1st day of April 1892 in respect of which sum of £15: 15s. 2d. the said Secretary of State has served notice of the liability of the said A. B. to pay the same under the said agreement upon the owner of the said tithe rent-charge as required by the Tithe Act, 1891. Wherefore the said Attorney-General prayeth the consideration of the Court in the premises and that the said sum of money so due amounting to £163: 68. 5d. may be adjudged to Her Majesty. Information of Intrusion. IN THE HIGH COURT OF JUSTICE. Queen's Bench Division.⚫ (Queen's Remembrancer.) The day of A.D. Between HER MAJESTY'S ATTORNEY-GENERAL (on behalf of Her Middlesex Her Majesty's Attorney-General on behalf of Her Majesty sues to wit. A. B., C. D. and E. F. by virtue of a writ of subpoena issued out of this Court on the day of in the year and gives the Court to understand and be informed that certain lands messuages and premises in the said writ mentioned ought to be in the hands and possession of Her Majesty in right of her Crown of England; Nevertheless the Defendants contriving the disinherison of Her Majesty with force and arms to, in, and upon her possessions entered intruded and made ingress, and have kept and are still keeping Her Majesty out of the possession thereof; and Her Majesty's Attorney-General on behalf of Her Majesty claims possession of the said lands messuages and premises. And Her Majesty's said Attorney-General further gives the Court to understand and be informed that the Defendants have kept Her Majesty from the possession of the said lands messuages and premises from the 15th day of April 1871 down to the present time and have during that time or some part thereof been in receipt of the issues rents and profits and in the beneficial use and occupation thereof; whereby Her Majesty was deprived of the issues rents and profits and the beneficial use and occupation thereof and was prevented from letting the same; and the said Attorney-General on behalf of Her Majesty claims the said issues rents and profits with interest on the same at the rate of 5 per centum per annum from the receipt of each till judgment and also an account of the same and compensation for the loss of the said beneficial use and occupation. Wherefore Her Majesty's Attorney-General who for Her Majesty in this behalf prosecuteth prays the consideration of the Court here in the premises and that due process may be awarded against the Defendants in this behalf to make them answer to Her Majesty touching the premises aforesaid. [NOTE. This information combines the claims for the removal of the intruders and for the recovery of profits and damages. But as to this see above, p. 183.] Information to obtain possession of Choses in Action belonging to an Enemy Government (in the nature of an Information of Devenerunt). IN THE HIGH COURT OF JUSTICE. Queen's Bench Division. (Queen's Remembrancer.) Sir RICHARD EVERARD WEBSTER, Baronet, Knight Grand Cross of the most distinguished Order of St. Michael and St. George, Her Majesty's AttorneyGeneral on behalf of Her Majesty the Queen informs the Court as follows:1. The Defendant The A. B. Company Ltd. is a company incorporated under the Companies Acts 1862 to 1890 and has its registered offices at is the registered holder of £ Company. 2. The Government of amount in shares in the said 3. The Government of 4. The Government of Her shares as property of an enemy use of by the Government of said war. or some other is now at war with the Queen. Majesty is entitled to seize and control the said Government so as to prevent their being made for raising funds for the prosecution of the 5. It is of great importance that an injunction should be obtained to prevent the said Company registering any transfer of the said shares or any of them or permitting any dealing therein by any one acting in its behalf. 6. The Defendant Company has in its possession books, documents and correspondence relating to the matters aforesaid. The Attorney-General on behalf of Her Majesty claims: 1. A declaration that Her Majesty is entitled to the said shares and to the control thereof. 2. An injunction to restrain the said Defendant Company from registering any transfer of the said shares or any of them or permitting any dealing therein by the Government of or by any one acting on its behalf. 3. Discovery and inspection. 4. Such further and other relief as the Attorney-General on behalf of Her Majesty may be entitled to. Proceedings on a Writ of Extent. Attorney-General's authority to proceed by Writ of Immediate Extent. being moneys standing in Bank at I hereby authorize the institution of proceedings by Writ of Immediate Extent against Sir A. B. of in the County of for the recovery of the sum of £ to the account of the Paymasters of Her Majesty's ships [or in respect of the sum of £ money's due to the Crown]. 1. I depose to this affidavit from information acquired by me as such as 3. There is now or was at the date of the suspension hereinafter mentioned deposited in the Bank of C. D. at in the said County of the said sum standing to the following credits:-[names of various Government of £ officials]. 4. The said Bank has recently suspended payment. The said Sir A. B. was and is as I am informed and believe a partner in the said banking firm. 5. From enquiries I have made I have ascertained and believe that by reason of claims being made upon the said Sir A. B. by the creditors of the said Bank he is unable to meet his liabilities as such partner and is in a state of insolvency and I am advised and believe that the debt so due to Her Majesty as aforesaid will be lost unless some more speedy course than the ordinary method of proceeding be forthwith had and taken to recover the same on behalf of Her Majesty. |