144
Thursday, 14th February.
IN SUMMARY JURISDICTION.
BEFORE HIS HONOUR T. SERCOMBE SMITH
(ACTING PUISNE JUDGE).
CHING CHING PO V. CHING KAM MAN.
The plaintiff was a trader residing at No. 6, Tit Hong lane, the defendant being also a trader, residing at No. 8, West Street. The plaintiff claimed from the defendant payment of the sum of $827.44, balance of money due on the 21st day of December by virtue of au agree ment dated the 1st day of February, 1900, and made between the defendant and the plaintiff.
Mr. Brutton (Messrs. Mounsey and Brutton) appeared for the plaintiff and Mr. Reece for the defendant.
His Lordship observed that there were two suits.
Mr. Bratton-I can get no information as to what the cross suit is.
Mr. Reece-My friend says the money is due to him and my client says the money is due to him. The question is whether my client's accounts are right or whether the accounts of Mr. Bratton's clients are right. The evidence will be the same in both cases.
It was accordingly agreed to take both cases together.
Mr. Brutton said his client was claiming from February 1st, 1900, while his friend was claim- ing from the 10th December, 1899.
His Lordship-If the agreement was dated 1st February, 1900, how can your account com- mence before that.
Mr. Reece-Payments were made before the agreement was entered into.
Mr. Bratton read the agreement, which was as follows
THE HONGKONG WEEKLY PRESS AND
any other persons start any opposition to this business then the payment of the license fee will cease from the date any launches begin to ply, so as to show fair play. This agreement is made and agreed to between Kam Man and Ching Po, and they must be of the same mind and assist each other, and they are not allowed to be of adverse opinions, so as to be faithful from bo- ginning to end."
Continuing, Mr. Bratton said that under the agreement the defendant paid certain sums of money to plaintiff amounting in all to $364, and on the day of the issue of the writ of summons in this case there was a sum of 8827 still due, and it was this balance which was now sued for. Plaintiff gave evidence in corroboration of Mr. Brutton's statement and was subsequently cross-examined at some length by Mr. Reece.
- Mr. Reece said the case for the defendant was first that payments had been made on ac- count to the amount of $872.95 instead of $360 which the defendant had been given credit for; and secondly that there had been a breach of the agreement. The agreement said:"It is agreed that if the launches carrying the letters and conveying the passengers and merchants have fully paid up the fee for the licenses and the shoe money no additional launches or pas- sage boats towed by launches can be established for the purpose of competition. If any other persons start any opposition to this business then the payment of the license fee will cease from the date any launches begin to ply." case was that there had been competition since the first day of the third moon, and that therefore the plaintiff was only entitled to re- ceive license fees for the first and second moons, amounting to $200. As there were 13 moons in this Chinese year that gave exactly $100 a moon, and the plaintiff was only entitled to $200. Even if the payments made on account only amounted to $364 the plaintiff would still have been overpaid.
His
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"The makers of this agreement are Ching Kam 'Man, of Nam Tan, and Ching Ching Po, of Bai Heung, owing to the competition for The defendant, in evidence, said that on the business between the launches of the Wing first day of the third moon the Wing Fook Shun Company and the licensed passage boats launch, which was owned by Mary Man, began of Nam Tau and Sai Heung Ching, Kam to ran to Nam Tan and other places from Hong- Man and Ching Ching Po petitioned kong, and this affected his business to such an to and got permission from the District extent that instead of charging 40 cents each Magistrate, who communicated with the way passage he had to reduce the price to 30 cents. Commissioner of Customs, and made an agree. When he found this out he petitioned the Com- ment with Wing Shun Company that a commissioner of Customs at Hongkong. After this pensation of ten cents was to be paid by every three other launches began to run. The Wing passenger on board every steam launch as fee Fook did not run now, but three others did. He for the licenses of the Nam Tau and Sai Heung told the plaintiff that as there were so many passage boats. Afterwards the Wing Shun launches in competition he could not pay him Company gave up this business, and all letters the license fee." The plaintiff recommended and despatches of Custom Houses are carried him to petition the Commissioner and the by steam launches supplied by Ching Kam District Magistrate and to sign his name as Man, who has arranged with Ching Ching Po well. He did so but the launches continued to that a sum of $1,000 every year is to be com- run and were still running, and that was the pensated as fee for the licenses of the passage reason he said he was not liable to pay after the boats of Sai Heung, besides a sum of $300 shoe second moon. He had paid over $600 on ac- money, in order that the levying of the license count. He produced his wages and license fee fee (of ten cents) on each passenger can be pre- book, which was kept by the accountant of the vented and a lot of trouble saved. The license steam launch. Since the first moon of this year fee is to be paid monthly, and if anything re- the accountant had paid to the plaintiff on mains 'due Ching Kam Man will be held res account $115.32. He himself had paid the ponsible. As to the licensed passage boats of plaintiff $359.85 during the same period; Sai Heung, Ching Ching Po is not allowed to making a total of $475.17. Money was due to establish steam launches to ply and com.him from the plaintiff at the end of the 25th pete for business or to establish any trans- mitting boats and cause obstruction. This is what both parties agree to. From the day and so long as Ching Kam Man has steam launches carrying letters Ching Ching Po will be entitled to receive the fee for the licenses of the passage boats. They must act together from beginning to end and extend this great enterprise and partake of all bless- inga. Fearing that oral words are of no proof, this agreement is specially made in duplicate, each keeping (one) for reference. It is agreed that the fee for the licensed passage boats is to be $1,000. As to the amounts, whether more or less, to be received as fee by the respective licensees, as agreed upon for licenses for Sai Heung, these must be paid and attended to by Ching Ching Po, and other persons can not make any payments of their own accord in order to show that the matter is under one man- agement.
year.
Judgment was given for the plaintiff for $735 and costs.
The Japanese Government has included in its estimates for 1901-2 a sum of 6,300,000 yen for the establishment at Kure of a factory to make armour plates and other materials for ship-building. The item came up for discussion in the House of Representatives a few days ago, when Colonel Yamanouchi, Chief of the Kure Dockyard, speaking as an expert, explain. ed that the new Wakamatsu Iron Foundry would supply materials for the manufacture of
arms but not for the manufacturo of armour
plates. Japan was absolutely dependent on foreign countries in this matter, and her pre- dicament in the event of war might be very embarrassing. Although the question of profit or loss was quite subordinate, he might neverthe ***** (1) It is agreed that if the launches carrying less point out that if Japan possessed such a the letters and conveying the passengers and factory, she would save, in the case of one ship merchants have fully paid up the fee for the such as the Shikishima, a sum of no less than Hoenses and the shoe money, no additional laun-1,700,000 yen, on account of the model, the ches or passage boats towed by launches can be insurance, the cost of bringing out the vessel, established for the purpose of competition. If and in the matter of construction.
[February 16, 1901.
HARMSTON'S CIRCUS.
The tug-of-war competitions held nightly now since Tuesday last are proving a fruitful source of interest to the general public of the colony, as well as to the friends and partisans of those selected to take an active part in the affair. As is now doubtless well known, the ties are pulled off immediately after the in- terval following the first part of the Circus programme, and are watched with excited in- terest by the spectators, who, immediately the word "Pull" has been shouted by the referee and the straining men at each end of the rope have thrown themselves back full length in the grim contest of strength, stand up in their seats, or crowd to the edge of the arena, and shout them. selves hoarse in urging on their favourites. These indeed need no urging, and when a team has at last drawn the opposing side over the specified limit, it is only when muscle and wind can hold out no longer. The greatly cut-up condition of the ground after every pull is a telling factor to the severity of the struggle. The winners of pulls so far have been - Thursday, 22nd Bombay Infantry and 15th Company (Siege Train) W.D.R.G.A.
Wednesday, Siege Train (Southern Division) |.and R.G.A.
Į
Thursday, H.M.S. Orlando and H.M.S. Centurion."
CRICKET.
-H. X. C. C. V. ROYAL NAVY, After two postponements, the third and rub- ber match between the Club and the Navy was played on Saturday, the 9th inst., and ended in the overwhelming defeat of the landsmen, Strong and Mayhew opened the defence about 11 am. to the bowling of Higgon and Smith and the fielding of 4 coolies and 5 members of the Club, They resisted all forms of attack till 106 was signalled when Mayhew was bowled for a sound and well hit 45. Clifton Browne did not give much trouble and was shortly followed by Strong, who had given another fine exhibition of batting, his 79 being as good as anything he has done this season. Moon, a good bat, ran himself out and let in Salisbury, who made a stand with Franklin and contributed a useful 27. His successor Salter also stayed a long time with Franklin and helped to add 70 runs, of which he claimed a vigorous 28. Then at 313 the Endymion batsman left for a pretty and re- solute innings of 73, a long way his best bat- ting performance this season. Ross was not out with four 4's and three singles to his credit, when the innings closed for 331 made in about 31 hours. Dorshill was the most successful Club bowler. Some of the Club men-men who are not used to bungling in the field-did not shine in catching and clean picking up: Ward was a notable exception and has seldom done better work. During the tiffin interval, the scanty effects of a lately deported member of ihe cricket club (and perhaps of other clubs) were privately sold, and the proceeds were devoted to reducing the debts to the club which an apparently sudden fit left him no time to pay. Other souvenirs may be had on applica- tion to the Hon. Secretary. But this is by the way and as a warning. The Club were left two hours to make 332 runs, practically an impossi- ble task. At no time, however, was even a draw on the tapis. Bowling at a great pace, with deadly straightness and with a good length, Salter sent man after man right about turn. Four wickets in his fourth over constituted one sheaf of victims. Beldom, if ever, has a more senes- tional bowling feat been achieved in Hong- kong, and we do not remember to have seen any man clean bowl four wickets in one over in this Colony. The Assyrans who came down like wolves on the fold in the game of war had a peaceful rival in Salter. The click of stricken wickets and a melancholy procession cut to the pitch and back again were the chief sound and sight of the batting venture of the Club. Only two men did themselves justice, for Dyson played an impregnable innings of 27 and Woodgates fearlessly and powerfully hit up a 40, which saved the Club from hold ng the record lowest score of the season. Ninety-nine was but
poor reply to make to the Naval 331. Upon following on the Club fared better, losing 3 wickets for 61 runs, Dyson again playing a