September 1, 1000.]
161
January he had to pay the defendant another $1,000. If his Lordship found that the pla tiff took no steps to complete the contract, nor
Witnesses for the defence were then called and the case was further adjourned.
HONGKONG SANITARY BOARD.
CHINA ÖVERLAND TRADE REPORT. him and Captain Raymond. He said he did not į Lichanco and the Captain, the latter being order- want to sign a written contract until he was ed to prepare the Patrie for sea, he himself to quite sure that the launches were going to go on board to take charge. On the 25th Manila. At the beginning of January Captain December Lichauco told him to engage a crew, had the $1,000, then the case must be conclud-
and he did so. Stores were also put on board.ed in the defendant's favour. | Subsequently the launch was inspected by the parties and a written agreement signed, Mrs. Lichauco's name being put in. Raymond put on board $210 worth of coal and the crow were put on board and paid half wages, $135 being given to them and $57 expend. ed in their food; $300 was advanced to Raymond for expenses and also to pay off some debts of his. About the 5th or 6th of January the Captain went up to the American Consulate for a clearance paper, but one refused him. Lichauco also went and was un- was successful The Captain was willing to take the launches now and would go to-day if he had the papers. He would have made about $1,100 out of the transaction, and would have com- pleted the job by the end of January. By waiting for these two launches he lost a job of taking a launch to Manila which would haveing with the order of the day he wished to bring put $700 in his pocket.
Raymond spoke to his interpreter, Mr. Marti, and requested him to ask him to sign a written agreement to assure his services in case the launches could be sent to Manila. It was agreed that if he sold the launches in Hongkong or if the launches could not be sent to Manila the agreement should be treated as cancelled. Cap. tain Raymond undertook to see to the clearance, as he said he was an American subject. He undertook to get the clearance without any extra charge for his trouble. Witness was only to pay for the consular fees. Witness former- ly took a prominent part in Filipino affairs.
Mr. Sharp I believe we are quite prepared to admit that the reason why the American Consul objected to grant a clearance was be- cause Lichauco was a Filipino subject.
Mr. Slade-Very well; that is satisfactory; it saves time.
Witness. continuing, said that after the con- tract was signed Captain Raymond asked him to advance him $700. He did not like doing so at first until the clearance was obtained, but Captain Raymond said that as coal was cheap just then he wished to lay in a stock and he also wished to pay off some debts. The Captain promised that if the launches were not cleared or if they were sold in Hongkong he would hand over the coal and the balance of the $700 to Lichauco. Witness had had the coal but not the balance of the money.
.
In reply to Mr. Sharp, witness said it was not until after Captain Raymond undertook to see to the clearance papers that he signed the contract. He attached very great importance to the arrangement about Captain Raymond getting the papers, and yet there was no men- tion of it in the contract nor was it referred to in any letters which subsequently passed be- tween the parties.
|
Captain Raymond then gave evidence in corro- boration of his counsel's statement.
Leung Tai Shun, who described himself as a broker to get sailors," said he remembered
Captain Raymond coming to him on the 25t December last and ordering him to get some men on board the launch by the 27th
The crew remained on board from the 27th December to the 27th January. During that time h paid the crew $135 as wages and paid $57 for their food. Captain Raymond paid him this money, He was present with Captain Raymon and others at an inspection of the Patrie on the 4th January. There were present Captain Ray. mond, Mr. and Mrs. Lichauco, Marti, and him- self. When he reached the Patrie he found the crew still on the launch and stores were on board and the launch was ready to proceed. He heard the captain say they would go soon, and Lichauco said the ship would go soon-in two or three days.
Mr. Rounsevelle Wildman, Consul-General for the United States, said he had never seen Captain Raymond's passport, but he believed he Mr. Sharp again addressed the court at some was an American subject. He did not remem-length on behalf of Captain Raymond. He ber the date on which Capt. Raymond came to pointed out that the agreement of the 4th him to clear the launch for Manila. He came
of January was merely a repetition of a verbal to the conclusion that Mr. Lichauco was not agreement previously come to between Lichauco taking the launch to Manila for a good purpose, and Raymond, on the strength of which Captain and refused to clear it. When Capt. Raymond Raymond purchased stores, etc., employed a crew, said he wanted a clearance witness said he must and incurred other expenses before the agree bring the owner, but he did not seem to know ment was signed. The Captain's claim for $500 who the owner was. Lichauco had represented included $265 as payment for his own services. the launch to belong to a woman in Manila,
Mr. Slade also addressed the court again. who turned out to be his wife. He instructed The Acting Puisne Judge reserved his Capt. Raymond to bring Mrs. Lichauco to the decision. Consulate but she never appeared. After the refusal Raymond visited the Consulate several times, but the clearance was never granted.
In answer to Mr. Slade, Mr. Wildman said Captain Raymond desired the clearance in his
own name,
In answer to Mr. Sharp, Mr. Wildman said he did not say that Raymond said the launches were his, but that he wanted the clearance in his own name. Capt. Raymond had taken launches several times before to Manila.
29th August.
IN ORIGINAL JURISDICTION.
BEFORE HIS HONOUR SIR JOHN CARRING- TON, C.M.G. (CHIEF JUSTICE).
SZE FO SHING V. SIT YEE.
In this case (adjourned from the 15th August) the plaintiff is a trader, and carries on business Mr. Marti said he was a merchant in Hong- as a foreign goods dealer at No. 265, Queen's kong and was acquainted with Mr. Lichauco. He Road Central, the defendant being a widow acted as interpreter between Captain Raymond residing at 30, Albany Street, Wanchai. The and Lichanco. He copied the agreement from claim is for specific performance of an agree an agreement in the possession of Captain Rayment dated the 12th day of January, 1900, for mond. At first the latter wanted $1,200 for the sale by the defendant to the plaintiff of each launch, but finally agreed to accept three houses, Nos. 45, 47, and 49, Ship Street. $1,100. The Captain said he would do his best to clear the launches, as he would pass as an American or a British subject. He showed two papers, one showing him to be an American subject and the other a British master mariner, Witness gave evidence as to the advance of $700 to Captain Raymond. He heard nothing about the cancelling of the agreement in case the launches did not go.
In reply to Mr. Sharp, witness said he was a Filipino of Spanish descent. He was not aware that his name was on a list of suspects. He did not think it likely that he could return to the Philippines.
Mr. Sharp then addressed the court on behalf of Captain Raymond. He said that about the first of December last year Captain Raymond was introduced to Lichauco by Lichauco's brother with a view to his taking two launches to Manila. The outcome of this introduction was that a verbal arrangement was come to between
Mr. H. E. Pollock, Q.C. (instructed by plaintiff, and Mr. J. J. Francis, Q.C., and Mr. Messrs. Wilkinson and Grist) appearet for the M. W. Slade (instructed by Mr. Bowley) for the defendant.
The case for the plaintiff being concluded, Mr. Francis addressed the court on behalf of the defendant. He said he entirely denied that any negotiations between the plaintiff and the defendant took place after the making of the contract, about being ready and willing to complete it. It was not until after the Chiness New Year that the price of land advanced at Wan chai. There was a clear binding agreement that the plaintiff should complete the contract, and if it was not completed the existing contract came to an end and a fresh one entered into. The contract would certainly have to be a renewal of the old one, but it would differ in terms. Time was the essence of the contract. If the plain- tiff did not complete the contract by the end of
usual fortnightly meeting of the Hongkong On Thursday afternoon, the 30th ult., the Sanitary Board was held. Dr. Bell (Vice-pre- sident, and Acting Principal Medical Officer) presided, and there were also present Mr. Dr. Harti an, Dr. Clark (Medical Officer of Tooker (Acting Director of Public Works), Health,) Mr. J. McKie, Mr. E. Osborne, Mr. Fung Wa Chuen, and Mr. G. A. Woodcock (Secretary).
THE LATE LIEUT,-COL. RYAN, R. A. M. C: The VICE-PREISDENT said that before proceed-
forward a resolution of regret at the loss they had sustained by the death of one of their mem bers. Since the Board met last Colonel Ryan, R. A. M. C., had succumbed to an attack of
pneumonia. As they all knew Colonel Ryan took a great interest in Sanitary matters in Hongkong. He was a prominent member of the Board, and the Board could ill afford to lose medical man, and one who had served in one of the a member, especially when that member was a best medical schools in the world. He begged to move that the Board express its deep regret Army Medical Corps. at the death of Colonel Ryan of the Royal
seconding. Colonel Ryan took a very great Dr. Hartigan said he had deep regret in interest in everything which went on there, and paring a at the time of his death was actually pre-
scheme for the with plague in the colony. He was a man of better battling very distinguished service in the army, and thero was one thing which he did of which he believed none of the members were aware-it had certainly not appeared in the papers and which he thought deserved the highest recognition. When stationed in Crete he got notice from some of his Indian servants that an attack by Bashi Bashouks was being contemplated on the hospital. He applied to the Hospital. His application was refused, and the General in command for a guard to defend
he said at once, "I am not going to see my men applied for rifles. The men who were hardly slaughtered," and as he was entitled to-he
able to get out of bed held rifles at the windows, whilst others who were stronger held them outside. The attack-came on and was repulsed. He got this not from the Colonel himself, because he never boasted, but from of- ficers of the Garrison who were aware of the circumstances. The Colonel was never even thanked for his work. The whole report was burned. Instead of his getting the Dis- tinguished Service Order, as he undoubtedly should have done, he got nothing. Their small mark of recognition would show that they had done what they could in a small way in recogni. tion of his services.
The proposition was carried.
THE PROPOSED DAIRY BYE-LAWS.
the previous meeting were again laid before the The proposed Dairy Bye-laws. submitted at
Board.
The Bye-laws were gone through, each one being considered separately. Several alterations them before they are submitted to the law were decided upon, and it was decided to publish officers of the Crown and to supply the dairy keepers with copies.
THE INSPECTOR'S QUARTERS AT KENNEDY- TOWN. Dr. HARTIGAN said he rose to a point order to request the Chairman to take out of the list of confidential business
* No. the letter from the Colonial Veterinary Surgeon re the Inspectors quarters at Kennedy- town." He had spoken to two of the unofficial members and they agreed with him that it
public. would be much better to discuss the matter in
ported, and the motion was carried.
Mr. MCKIE seconded, and Mr. OSBORNE SUP-
submitted.
The papers relating to the matter were then
2NISAY392