476
MR. CHAMBERLAIN'S WAKNING TO FRANCE,
(Daily Press, 2nd December.) According to Mr. CHAMBERLAIN, the French Government has been warned with reference to the insults of the French Press towards the Queen. Annoying as the tone of the French Press towards rent Britain may be, and abominable as may be the in- sults aimed at the Queen, the policy of making them the subject of an official protest to the French Government is of Bomewhat doubtful expediency, In France as in England liberty of the Press exists, and though unfortunately it too frequently degenerates into licence, it would be diffi cult for the Gover neut, even if it wished, to put the muzzle on. Any demand to that effect would, moreover, create a precedent which might be appealed to under circum- tsances that might be found inconvenient. If the British Press became excited over what was considered some enormity in foreign politics and used strong language regarding persons in high places supposed to be responsible for the wrong, what would the British Government do or say if it was asked to make the newspapers moderate their tone? To say that the British Press would probably be in the right whereas the French Press is, so far as personal insults to the Queen are concerned, clearly in the wrong, is merely begging the question, as the two parties would probably entertain divergent views on that point. All things considered it would be better, we think to, officially ignore the Anglophobic vapour- ings of the French Press. There can however, be no mistaking what the Press references indicate. In France the unreasoning and unreasonable hustility to Great Britain is approaching white heat and unless some change comes over the temper of the nation it can hardly fail to lead to acts that will cause a rupture of friendly relations. When great nations go to war it is not because of this or that trum- pery dispute that may be put forward as the nominal cause, but because one or the other is determined to provoke a trial of strength. France appears to be approach- ing that point with regard to England. If she reaches it she will lose her colonies. In the meantime, the warning made public by Mr. CHAMBERLAIN will be more calculated to fan the flame than to quench it.
A MISMANAGED DEATH ENQUIRY.
(Daily Press, 9th December.) The finding of the Police: Magistrate re garding the death of Private JORDAN, of the Royal Welch Fusiliers, cannot be re- garded as satisfactory. The finding reads as follows: That the body found in the "harbour on the 18th November was that "of Private 4,787 DAVID JORDAN, R.W.F. "Death was due to syncope resulting on "shock by a fracture of the skull. There is #1 no evidence to show how this fracture wae "caused." While the enquiry was in pro- gress we suggested that it was a case for a jury. A one-man enquiry was deemed suffi- cient, however, and the enquiry was conduct- ed by an official whose own conduct, had the assistance of a jury been enlisted, might have been deemed one of the branches of the case requiring investigation. A dead body is found, death having resulted from accident or violence; it is through careless- ness wrongly identified as that of another soldier named Joxes, and the burial takes place according to the rites of a church to which
the deceased did not belong. Presumably authority for the
الحمرا
THE HONGKONG WEEKLY PRESS AND
buri was given by the Police Magistrate, by whom the enquiry was afterwards held. Subsequently the body of Jonis was fo'ind, and an enquiry was then held in both cases, But there was no elucidation of how JORDAN, whose death may have heen due either to accident or murder, came to be buried without enquiry in the first instance. That in such a case burial should be allowed to take place without a public and searching enquiry constitutes a grave public scandal.
THE PACIFIC CABIE SCHLMES.
(Daily Press 8th December.) The introduction of a Bill in Congress to authorise the laying of a United States Government cable to Hawaii, the Philip- pines, China, and Japan, as mentioned in the telegram of our London correspondent, affords promise that the long talked of establishment of cable communication across the Pacific will shortly become an accomplished fact. The United States is but natural that she should desire to have has resolved to keep the Philippines, and it direct telegraphic communication with the Islands instead of being dependent upon Meanwhile the the route via Europe. project for a cable connecting Canada and Australia is approaching final settle ment, and it is possible that the laying of the British and the Americau cables may be in progress at the same time, Which will be commenced first and which completed first are questions that afford scope for interesting speculation. What- ever the result of the race, if race there be, the increase of telegraphic facilities, with the prospect of a lowering of rates, will be heartily welcomed by the murcantile com- munities of the Far East.
SU REME COURT.
4th December,
IN SUMMARY JURISDICTION,
BEFORE HIS HONOUR A. G. WISE (PUISNE JUDGE).
ULLMANN AND CO, V. KHAN
In this case, which was adjourned from last week, J. Ullmann and Co., watchmakers, etc., Queen's Road, sought to recover from R. Khan, who was formerly in their employ, $904.50, loss sustained by them through defendant and money lent.
Mr. Grist (Messrs. Wilkinson and Grist) | appeared for plaintiff and Mr. Brutton (Messrs.
Monnsey and Brutton) for defendant.
Mr. Grist said his Lordship would remember that this case came on on Thursday last and was adjourned at the request of his friend to enable him to get behind, if he could, the doc- ument which he admitted was signed by defen- dant. That was the present state of the case.
His Lordship-Yes, I think that was so. Mr. Brutton said bis Lordship would recollect that on Thursday his friend stated that this paper writing was an account stated, and that therefore he (Mr. Brutton) was not entitled to call any evidence or cross-examine the witness on the facts which led up to the signing of that paper writing. He submitted in the first in- stance that this paper writing was not an account stated at all.
His Lordship-I do not think it is, if you
ask me.
Mr. Brutton-I have plenty of authorities to prove it is not.
Mr. Grist-What is it then? Is it a promis. Fory note, or an agreement to pay, or an account stated?
His Lordship-A promissory note, that is clear.
Mr. Brut on quoted cases to show that the document in question was not au secant stated. In such an account there must be a definite and precise sum mentioned. There was no definite and precise zum mentioned in this document.
[December 9, 1899.
Mr. Grist said his friend had admitted that $81 was due. That was an admission in respect of no particular item, but an admission in res- peat of the whole claim.
·Mr. Brutton said plaintiff's claim was for the anm of $904-50, loss sustained by them through defendant, and money lent. That sum showed one item-8904.50. They said they were in debted to plaintiffs in the sum of $91 68, which had been paid into court. That was not an ad- mission that they were liable for the whole sum, It was only an admission that they were liable for the amount paid in.
After some further argument, His Lordship held that the docnment in question was not such as to preclude Mr. Bruton from setting up the defence of want of consideration · or illegality.
Mr. Bernheim, a partner in the firm of
Ullmanu and Co., then entered the box and was cross-examined by Mr. Brutton. He said cor- tain goods, consisting of clocks, etc., were sent to Shanghai by one of their employees as per- sonal luggage. Had the goods been sent up in the ordinary way duty would have had to be paid upon them. The goods were confiscated on their arrival, and the 8822 was the value of the goods.
His Lordship-The question seems to me to be whether the value of this consignment is to be debited to defendant or not.
A witness was called to prove the signing of the document by defendant, but his evidence not being satisfactory, Mr. Grist said that if his friend denied the signature he should ask for an adjournment to get more evidence.
Mr. Bruttou said he did not propose to put defendant in the box to deny the signature. He did not propose to call any evidence.
His Lordship said he was going to call defen- dant to see whether be denied the signature or Defendant was called and admitted the signa- ture.
not.
Mr. Grist said the special defence set up in this case was illegality and want of considera- tion. The document which he had put in was admitted by Khan as having been signed by him. If it was not an account stated it was an agreement to pay a certain sum of money- $822-82. His friend in order to get over that agreement must prove that it was entered into without consideration; but there was abso- lutely no evidence forthcoming and he asked for judgment.
Mr. Brutton said that in this case a docu- meut was put in on which the other side practi- cally asked for judgment. In order that there might be an acknowledgment or admission of a debt on which to sue there must be some ante. cedent debt or some existing debt between the parties for which defendant was liable at the time of signing the paper. He submitted that at the time the document was signed there was no existing debt. Mr. Brutton quoted cases on the point.
His Lordship gave judgment for plaintiff.
5th December.
IN APPELLATE JURISDICTION.
BEFORE HIS HON. W. MEIGH GOODMAN (ACTING CHIEF JUSTICE) and His HON. A. G. WISE (Puisne Judge).
A. SHELTON HOOPEE APPELLANT V. L. A. BRETT RESPONDENT—THE APPEAL
DISMISSED..
The Acting Chief Justice gave judgment as follows:-
This is an appeal from the decision of the Magistrate upon a point of law as to the mean. ing to be attached to the word "owner," in s bye-law made by the Sanitary Board on 18th August, 1896, under the provision of anb-section 4 of Section 13 of Ordinance No. 24 of 1887. The bye-law in question is as follows; “ Any house or part of a house which is occupied by members of more than one family shall, unless specially exempted by the Sanitary Board, be oleansed and limewashed throughout by the owner to thesatisfaction of the said Board not less than twice in every year, namely during the months of,” &c., &c. (ãocoading to the district in which the premises are situsted.) “ and notion of such intended cleansing and limewashing shall
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