OHINA OVERLAND TRADE REPORT
hold leged
decided
Ted
the bé:
Sing who proved.
the first place to state
hich the agree
les came to be made: fect of the agreement
hether or not it falls the rules of law relating and champerty
owner
wherea both In Pang
the matter for me
therefore
torney to Li Pang
that they may exert themselves
my claim for me or they
ithe matter as circumstanc
Li
nited
bort:
amicable
Then ther by the
the
regards Court fees and law they will be all paid and atte Yenng Ming Shan and will not cond Pang and other person(s). If by our strength in the prosecution of the claim we have obtained any money the said Young Ming Shan is willing to take back 80 per cent, and to willingly give the remaining 20 per cent. to Li Pang and U Chak Sam for their use by way of remuneration for their ser- he case are simple in them-vices and labour. However, this case will either a man named Yeong have to be brought into the Court for trial or ears that
considerable lease-settled amicably between the parties, but no portion of the cla in Hongkong, It is al- matter what amount we are entitled to receive is to have annual value of the property was we must dicuss the matter thoroughly before covered and the 000 The defendant, who was 8 we come to any settlement. If a settlement other 20 per cen the Yeong family was, during the is secretly made I Yeung Ming Shan am their services and of Yeong Chiu, rent collector of the willing to pay in full both Li Pang and Uvided that this remu
Yeong Chiu died about 20 years ago, Chak Sam for their use the whole or a less the plainti
making a secret and the property passed into the hands of an amount of the commission that can be re-
Yeong Shui Lun. The defendant covered as mentioned in this Agreement, I This, then ued to act as rent collector during the Yeung Ming Shan will say nothing to the od of Yeong Shui Lun's administration or contrary. This is definitely settled and agreed any rate until within a ve
a year or two of its to in the presence of three of us and shall be termination. It is not clear what remuneration acted upon.
e actually received for his services, but towards the end of Yeong Shui Lun's time he seems to have conceived that, on moral, if not on legal, grounds, he was entitled to some special re- muneration for his trouble in connection with the management of the rents of the property. It is said that Yeong Shui Lun promised to give him something, but not as much as he thought he ought to have. Accordingly in June, 1898, he saw the plaintiffs and requested them to use their good offices with Yeong Shai Lun whom they both knew to secure for him remuneration for which he was pressing. ight with him and showed to the plain- the powers of attorney relating to the which he held from Yeong Chin and Bhai Lan respectively. There was no
made on this occasion between the as to any compensation being made to intiffs for their trouble in the event of g successful in their efforts on the defendant's behalf. The plaintiffs' acceded to the defendant's request, and from June, 1893, to the time of Yeong Shui Lun's death in July 1895 they had interviews from time to time with him in relation to this matter. They did not, however, succeed in obtaining anything from him: On his death the property passed into the hands of his executor, Yeong Chin Ng
ot clea
whether the services of collector of the property by Yeong Shui Lun Chin Ngam; at any rate the latter the property After Leong Shui Lun the plaintiffs rther action in respect of the mission which they had undertaken until of November 1895. At that time lant came to them and requested them
endeavours on behalf by see
about the remuneration
plaintiffsTM
latifas
dismissed soon
laimed.
after.
+
that
ress
do so, but that an purpose must be dra up. eement was prepared in the y one Pang Kun Chi, and with it to the office of Mr. It was there explained e clerk of Mr. Ho
This Agreement is not obtained by force or fraud or anything of the kind. Fearing that words of month may not be evidence this Agreement is 'specially made, each party to hold thereof as proof.
Witness:
and
othe
consider infringing on the
for
maintenance and
This head of the time to have been regard recent years undergone con in several important cases and especia case of Bradlanghu. Newdegate, LR.I 1, where the cases are collected and the elaborate judgment of Lord
Pang Kun Shi.; Kwong Sui, 21st year 9 moon 23rd day L.C.J. In Russell on Crimes (9.11.95)."
Agreement made by
YEUNG MING SHAN,
(His true handwriting.)
The power of attorney mentioned in the agreement was the power from Yeong Shui Lun to the defendant empowering the latter to collect the rents of the property. It was left in the custody of Mr. Ho Wyson, who gave the plaintiff Li Pang a receipt for it.
demeanors, vol. 1, p. 477, the of tenance, and champerty ar "Maintenance seems to taking in hand or uphol sides, to the disturbe mon right,. This another in his
or holding the possession force or subtlety, or where a j quarrels and suits in relation
acerned
mainte
stipulate
the
but
his
perty
offence is called cha
Fam
gain
to etween
the
It is not necessary to inquire what was done in he is in no wa either by the plaintiffs or by the defendant in where a person officiously int
of justice, pursuance of or in connection with the agree-depending in a con ment; because the question raised by the defen- belonging to him, by assis dant as to its validity in point of law must first with money, or otherwise, in
defence of such suit be determined. For the purposes of this
ct to have determination I proceed to consider and state
Bo in what is, in my judgment, the meaning and effect of the agreement. There is, no doubt, some difficulty in placing a construction upon the document in consequence of its uncouth phraseo logy, due, I suppose, to the difficulty of converting Chinese idioms into English, but we must get over this difficulty in the best way we can, and try to apprehend the intention of the parties as ovi- denced by the instrument which they used to give it expression. The recitals are clear enough, up Their purport is that the defendant was entitled suit at his
old to a commission of about $100,000 for the man- agement of the property and its rents; that Yeong Chiu Ngam had refused to pay that commission and he “had no streng quarrel with him, and that he had therefore requested the plaintiffs to compronese the
hatter for him and to recover the
Chese recitals seem in substance to mean the defendant, having failed or being una enforce his claim himself, placed the prosecution of it in the hands of the The actual stipulations of the agreemen fare
part in accordance with this view and contemplate the cont tinuance by the
his own efforts in conjunction
ore than
dThis was on
9th
ranslation of the agree
the claim was Ways that is, eithe
GI180 between
procec
idant
on w
appear
80%
princip
Wron
ed as p