308
not say very much, but whatever the develop
ent in China had been it
nothing com- with the development Japan. While the trade of China during the past twenty or thirty years had slowly crawled along, the trade of Japan had advanced by leaps and bounds; nd while the prospects in China demanded the careful attention of all British manufac- those in Japan called for just as much consideration and careful watching on the part manufacturers who des red to see England maintain, not the supremacy of twenty years ago, for then British trade was the cne trade that was worth consideration but a leading position in the mercantile world. Twenty years ago Britain was first and the rest of the Powers nowhere. Now Britain was struggling to maintain a lead. If other countries kept on advancing his opinion was that that lead would entirely disappear in the course of another generation if nothing was done to wake up manufacturers to the true position of affairs in China and Japan. We had not to look at the possible less of our trade in Japan, but at Japan as a very active and vigorous competitor of Chins.
}
Mr. TORKINGTON, who mentioned that three years ago he travelled from Yokohama to Liverpool with Mr Holland, thought that manu- facturers ought to go out to China and see things for themselves. He did not mean for two or three manufacturers to embine and send a traveller, as was often done at a great loss, because manufacturers could not in that way gain correct information. American manufac- turers first went out themselves and then sent their travellers, whose reports they were then able to read and understand while sitting în their offices. (Applanse,)
i
THE HONGKONG, WEEKLY PRESS AND
Mr. KEświck said he had been many years in China, and in regard to the development of new trade-both import and export-his observa- tion was this: that travellers going from England as a rule produced little if any good result. They rarely succeeded He had noticed, on the other hand, that German houses very frequently had a considerable number of young and intelligent clerks. After a few years the clerks acquired what unfortunately the English people were not ready to acquire-a knowledge of the Chinese language. They did not remain for long periods as a rule in houses to whom they had gone out, but the enterprising among them started business with very little capital, lived economically, went about everywhere, and many of them settled in the country and found out in the course of their relations with Chinese in distant parts of the interior what in those ports were the articles required. Beginning in a small way they introduced novelties and new things which in course of time became import ant in their dimensions thus loving the founda- tions of a very considerable trade. It was in like manner that much of the export trade was fostered. The young fellow found it to their interest to state what the country produced and what it could export to advantage, and from small beginnings they very frequently reached very important developments in trade. He was sorry to say that that was not characteristic of the British people: If only our own people would show more disposition in the way of enterprise and learn the language, make themselves acquainted with the country, and settle where they saw there was an opening even if they had great discouragement at first, they would in time materially add to the export as well as the import trade of China (Applause.) He com- cluded by proposing a rote of thanks to Mr. Holland for his interesting address.
The emotion was seconded and carried unaminously,
•
:
[May 4, 1903, then there would come a smash, which might | quently incoming partners. In 1897 the have been averted had the merch int had a plantiff becaine administrator. In 1899 this knowledge of Chinese. (Applause.)
pres nt action was brought alleging that Ho Mr. KESWICK, in responding to a vote of I Shek had been when he died a partner in thanks for presiding, referred to the printing of these firms. The defence as to the Yan Wo, catalogues, and said that in London there was a which was really the material case, was that school of Chinese which had been established Ho I Shek never was a partner. The Yi Li under the auspices of the China Association. was finally wound up in 1880, apparently about An effort, which had met with considerable the time of Ho I Shek's death, The issues of success, had been made to have Chinese taught, fact had been settled a few months ago and not by Europeans but by Chinese, and he preliminary issue of law was ordered to be believed that the movement, which had began argued before the facts. Their position with in a small way, was likely to have a very consi- regard to this issue was that Ho I Shek's share, derable success. Very possibly in connection if any, was a debt due from his surviving with this school some arrangements might be partners to his representatives, accruing at his made whereby large catalogues could be pre-death, and that the defendants as subsequently pared in this country in the proper manner in Chinese for transmission abroad.
The proceedings then terminated.
SUPREME COURT.
Friday, 24th April.
IN ORIGINAL JURISDICTION.
BEFORE HIS HONOUR SIR HENRY 8. BERKELEY (ACTING CHIEF JUSTICE.)
A PARTNEESHIP CASE.
incoming partners were not liable in this action. His first point in law was that the claim was clearly for a partnership by the representatives of the deceased partner against the defendants between whom and the deceased no partnership ever existed, and his second point was that the amount of this share, if any, was due to Ho I Ehek's representatives as a debt from Ho I Shek's surviving partners to his representatives, acorning at his death This money could not be called trust money and it did not actually come into the defendant's hands.
Mr. Pollock, KC., in his address, said they submitted to the Court as a general principle Ho Fang Hang, as administrator on the that if it could be shown that the money of estate of Ho I Shek, deceased, sued Chan Kit the deceased bad come without any settlement San and Sz Kuk San, as partners in the Yan of accounts to the hands of the defendants at Wo and Yi Li opinm firms, to account to the present partners they were entitled to an plaintiff in respect of certain shares in these account against them. He quoted the case firms alleged to have been held by Ho I Shek. Wedderburn against Wedderburn (8 Law Mr. E. H. Sharp, K.C., barrister-at-law (in. Journal, Chancery, p. 177) to show that it structed by Mr. C. Ewens of Messrs. Ewens & had been decided partners subsequently in- Harston, solicitors), appeared for the defendants(coming to a firm af er the death of a partner and Mr. H. E. Pollock, K.C., and Mr. T. could be made liable to account if there had been Morgan Phillips, barristers-at-law (instructed no settlement of accounts come to. He sub- by Mr. H. Hursthouse of Messrs. Dennys & mitted also that unless the account were taken Bowley, solicitors), were for the plaintiff. right down to the present day his client would not get the full account to which he was entitled. It would not be justice to them to limit the taking of the account to the time of the deaths of the surviving partners, who, it was conceivably possible, might have died within a year or two after Ho I Shek's death. The only way in which it could be properly worked out would be, as was done by the Court in the Wedderburn case, to work the accounts right down through the successive partnerships to the present day. Uulss that were done in complete relief would be given to his clients.
The Court adjourned at 4.35 sine die.
The Chief Justice had ordered that the issues of law in the case be argued, as follows -(1 It being admitted that the defendants were not partners with Ho I Shek in his lifetime in the Yan Wo firm although they are now partners in the said firm, and assuming that Ho I Shek was at the time of his death entitled to a share in the said firm, and assuming that no settlement of accounts respecting that share has ever taken place between Ho I Shek's representatives and the present or past partners in the firm, are the defendants liable as such present partners to account to the plaintiff in respect of the said share? (2) it being admitted that the defendants were not partners with Ho I Shek in his lifetime in the Yi Li
firm, and assuming that Ho I Shek was at of the time his death entitled to a share in that firm, and assuming that no settlement of accounts respecting the said share has ever taken place between Ho I Shek's representatives and the present or past partners in the firm, are the defendants liablo as such present partners to account to the plaintiff in respect of the said share?
The Chief Justice had further.ordered that❘ the issues of fact be tried after the settlement of the issues of law,
IN SUMMARY JURISDICTION.
BEFORE HIS Honour A. G. Wise
(PUISNE JUDGE).
CHINESE 60 PER CEKT. An Indian watchman in the Sugar Works sued a Chinese employed in the same place for $70 which the latter had borrowed from him.
The defendant stated in the witness-box that he bad borrowed two sums from the plaintiff $50. and $20. On the sum of $50 he had paid $25 interest. Plaintiff came to him every week for the interest and he (the defendant) sometimes paid him $3 and sometimes $4. There was no stipulation as to the amount to be paid overý week.
His Lordship-What rate of interest was to be paid?
Lefendant-I had to pay according to the Chinese custom, $5 per $100 per month-60 per · cent.
Judgment was given for the plaintiff.
Monday, 27th April.
Mr. Sharp, K.C., in opening the debate said that the plaintiff claimed as administrator of the estate of Ho I Shek to have an account taken of the Yan Wo and Yi Li firms, in which estates deceased was a partner. The petition stated that in 1880, Ho I Shek died. In 1896 a will alleged to have been left by him was declared null and void on the plea of being a forgery. In 1897 letters of administration were granted on the estate. At his death, Ho I Shek was entitled to two shares in the Yan Wo and one share in the Yi Li firm. These shares were left in the firms. Plaintiff bad applied for an account of the estates and defendants had refused to grant it. Defendants in their answer to the petition denied that they are or ever were partners in the Yi Li firm or that such a firm now exists; it ceased to exist about 1880. They admitted that they are partners in the Yan Wo but stated that they became partners after the death of Ho I Shek and denied that he was a partner or that there were any assis or capital in the firm his bond; belonging to him. This action, Mr. Sharp honesty Chinese compradores went on to say, was brought by the admini- sometimes failed, or other things happened, and | strator of an alleged partner against subse- | 38 and 40, Ship Street, and also in respect of
Mr. HOLLAND thanked his audience for the patient hearing they had given to his remarks. He quite agreed with all Mr. Keswick had said bout learning the language. It was a most important point. English young men did not learn the language, but others did, ani so the Englishmen placed themselves at the mercy of the compradore. It was a common saying now ompradore was the employer of the the compradore had come to 100 owing to the merchant not The Chinese were honest, merchants say they would
Buite
1
IN SUMMARY JURISDICTION.
BEFORE HIA Hosour A, G. WISE (PUISNE JUDGB).
મ
SEQUEL TO A COMPRADORE'S DEFALCATIONS. Cheung Sum Toy, 19, Macdonnell Road, Teimshatsui, surety in $11 000 for Toy Yen, Messrs. Lauts, Wegener & Co.'s absconding compradore, sued Lauts, Wegener & Co, for the sum of $1,000 as damages in respect of the defendants having rongfully let two houses belonging to the plainting namely, Nos.