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integrity of the committee; but subso: ibers after an interval of nearly four years have the right to ask what are the tangible results of the duties the committee voluntarily undertook. will condescend to Until the committee furnish that information, I for one shall decline to respond to the call shortly to be made.Yours, etc.,
RESIDENT.
JO THE EDITOR OF THE "DAILY PRESS."
Hongkong, 8th May.
Now that the subscription lists for the above have been opened. I beg to remind directors and general managers of the various Hongkong public companies that it is illegal for them to devote any portion of the share- holders' money to purposes other than are reasonably incidental to the carrying on of the business of the companies they represent.- Yours, etc,
SHAREHOLDER.
SUPREME COURT,
Tuesday, 6th May,
IN APPELLATE JURISDICTION. BEFORE H18 HONOUR W. MEIGH GOODMAN (CHIEF JUSTICE) AND HIS HONOUR T. SERCOMBE SMITH (ACTING PUISNE JUDGE).
WONG AU . YEUNG T801.
This was a motion for leave to appeal against the decision of the Acting Puisne Judge in au action brought in Summary Jurisdiction and heard on 23rd and 30th May, the plaintiff claiming from the defendant the sum of $425.30 for work done on the military road at Green Mount, near Pine Wood Battery. After trial-the plaintiff appearing in person, and Mr. O, D. Thomson, solicitor; for the plaintiff the Acting Puisne Judge gave his decision in favour of the plaintiff, Against that decision the defend nt wished to appeal in point of fact. Mr. M. W. Slade, barrister-at- law (instructed by Mr. O. D. Thomson, solicitor), appeared for the appellant. !
Mr. Slade stated that the appellant did not dispute that the work was done or as to how much was done, but as to the rate at which, under contract, the work was to be paid for. The plaintiff contracted to build a certain length of 10d. He had not finished that length of road but had completed by far the greater part of it and claimed considerably more than he could possibly have received if the whole of the work had been done, and that claim had been allowed. It was not disputed that the work alleged to have been done was done, but it was disputed that the amount of fest of the road built should be turned into cube measurement and paid for at the same rate as was provided in the contract for lineal measure- ment of the completed roadway.
The Acting Puisue Judge said that that had never been disputed before him,
The Chief Justice asked why the defendant did not point out the errors in the statement of the claim when the matter was before the lower Court?
Mr. Slade replied that it was thought by the defendant's solicitor that he had said something of the same kind. There was no question but on the rate at which the work was to be paid for under contract. His client was perfectly willing to pay the full price for that work. But the plaintiff after contracting to do the work at a certain rate added so much for foundations, stone-wall, this and the other thing.
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The Chief Justice remarked that a contract was a contract. A stone-wall did not mean a road. If a man said a contract was to be for a certain extent of stone-wall, that was not taken to mean a stone-wall with earth, rubble and everything necessary to make a road.
Mr. Slade asked his Lordship the take the evidence of witnesses, who stated that a given extent of stone-wall meant that extent of road. It might be incorrect to use the phrase thus, bat they thought it was right.
The Chief Justice said the matter might be referred to a practical man to go down and measure the work on the spot.
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Mr. Slade pointed out that the work done
THE HONGKONG WEEKLY PRESS AND
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was admitted. The only question was as to the rate.
The Chief Justice asked how it was that if "stone-wall" moant everything included in a road under the contract, it did not mean the same thing under "extras."
Mr. Slade explained that where the wok was of a special character-where ravines had to be bridged and deep cuttings made a special payment was made
The Chief Justice went on to state that it seemed absurd that the time of the Full Court had to be taken up in a case of this kind: was there no way of getting the thing settled by getting somebody to go down, and have the place measured.
Mr. Slade said he was perfectly willing to leave the case in the hands of anybody the Court liked to name.
The Chief Justice remarked that he would He have to hear the plaintiff first, of course. could get plaintiff or his solicitor to see him in chambers and find out whether he was willing to have an impartial expert to adjudicate as to what amount ought to be paid.
Mr. Slade expressed his entire agreement
with that view,
The Chief Justice added that the question The ques was simply one for a practical man. tion of eosts would have to be reserved.
The Acting Puisne Judge stated his concur- rence; he had adjourned the case originally for a week in order to get evidence but could not get it.
The Chief Justice said he would make an order that the matter be referred to such and such an arbiter. The main difficulty was as to what was the meaning of "stone-wall." Pos- sibly that might be a stumbling-block in the way of any man who went down. But there was no doubt that that was the only practical way of settling the matter. For counsel to come up and argue for perhaps two days would be an absolute waste of the time of the Court. He would see both parties in chambers, and if they told him they were the matter referred to willing to have somebody an order would be made to that effect. If the plaintiff was willing to admit that "stene-wall" meant "road," then the thing was simple enough. If he did not, the Court had all the circumstances before them and the question was only one of law.
Mr. Slade agreed to that.
The Chief Justice stated that he thought he would say Application adjourned sine die; the plaintiff and the def ndant or solicitors vee me in chambers, state whether they agree to impartial expert measuring up and valning on the basis of the contract and admitted figures and reporting to the Court bow much ought to bejaid by defendant to plaintiff; stay execution for a fortnight.”
Mr. Slade stated that he was informed that execution had that morning been tak n out against the defendant in the cas, and that he had given security for 34,500.
The Chief Justice added that he would stay the execution for a fortnight and order that the money be paid into Court. Of course, the method which had been adopted was rather unusual, but it seemed to him that otherwise there would be two days of the Fall Court taken up, and probably at the end of that time they would not be much further forward than at that moment. If the expert reported that a certain sum was due then there would not be need for as a further appeal. Of course, if the plaintiff ad- mitted that he regarded a “stone-wall'
road," the thing was simple enough. But No; I meant so much for a supposing he said lineal stone-wall," that would be a different matter.
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Mr. Slade remarked that then the Court would have to go outside the contract.
The Acting Puisne Judge having expressed
his concurrence,
The Court adjourned sine die.
It is reported in mandarin oircles in Shang- bai that Viceroy Chang Chih-tung at first strongly objected to the establishment through out China of a uniform coinage system, as sug. gested by Sir James Mackay, but that now he has changed his intention and sent a telegram to the Chinese Commissioners at Shanghai to the effect that the plan seems to him to be a good one and may be carried into practice.
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(ima) to, 1902.
SHANGHAI RACES SPRING MEETING.
!
Shanghai, 6th May. SUBSCRIPTION GRIFFIN PLATE. Messrs. Barley & Pickwick's Teetotum Mr. Ernest's King Edward Mr. Tuff-Tuff's Tenor
Time, 1.35.
CRITERION STAKES. Mr. Duplex's The Dealer Mr. John Peel's Set Mr. G. H. Potts's Desert King
Time, 26 1-5th.
GRIFFIN'S PLATE.
Mr. Ralph's Zeus Messrs. Gilbert & Strangway's Windrush.... Mr. Fernando's Lochgoil
Time, 1.3 3-5ths.
CATHAY CUP. Mr. Toeg's Rio Grande ... Mr. Bronson's F.K... Mr. Jay's Grandee
Time, 3.16 15.
AUSTRALIAN PLATE (Walers). Mr. Wingard's Wahine
Mr. Black's Advance
Mr. John Peel's Golden Bell...
Time, 1.50.
HART LEGACY Cup. Mr. Jay's Disgrace Mr. G. H. Polts's Moriturus Mr. Buxey's Carnation Rose ..
Time, 57 4/5.
KIANGSU CUP. Mr. G. H. Potts's Pandur Mr. Jay's Frivolity Mr. Rodoet's Chessy
Time,
...
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CO2 m
ON.CO
SHANGHAI GOLD Challenge Cup.
Dead Mr Barley's His Excellency... Messrs. Robson & Common's Discord Mr. Gore-Booth's Manchu
Time, 2.413.
CHIALI CUP, Mr. Ernest's King Edward Mr. Carlill's Pioneer Mr. Harcourt's De Wet ...
Time, 2.10%.
GRAND STAND STAKES. Mr. "opefal's Tarakoal Mr. Al bush's Algerine. Mr. Clough's The Tinman....
Time, 2.6.
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beat
3
Shanghai, 7th May. CHU-KA-ZA CUP.
Mr. John Peel's Set Mr. G. H. Potts's Desert King Mr. Jay's Disgrace...
Time, 1,30 4/5
SHANGHAI DERBY. Mr. Hopeful's Turakoal.... Mr. Donnachie's Grey Dawn Mr. Toeg's Windrush
Time, 3.14 4/5
MONGOLIAN PLATE. Mr. Ernest's King Edward Mr. Tuff-Tuff's Tenor Mr. Carlill's Pioneer
Time, 2.45 3/5
RACE CLUB Cup. Mr. Rodoet's Chessy Mr, G. H. Potts's Pandur Mr. Toeg's Conn
FR
...
...
Time, 4.28.3/5
INTERNATIONAL MILITARY CUP.
Mr. John Peel's Set Mr. Jay's Grandee Mr. Bronson's F.K. ..
Time. 2.41 2/5
FEDERATION Stakes (Walets). Mr. Wingard's Wahiné... Mr. Black's Advance
Mr. John Peel's Golden Bell
Time. 2.19 2/5.
Imperial Cup. Mr. G. H. Potts's Rebel King Mr. Toog's Windrush Mr. Toeg's Yarrow
120
SHANGHAI STAKES.
Mr. Duplex's The Dealer Mr. Toeg's Rio Grande... Mr. Donnachie's Grey Dawn
SPRING CUP. The Great Llama's Glamour..... Mr. Jay's Frivolity Mr. Toog's Elbe
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CO LO han
323
8
CO Bu pros
C3 15 1