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examined by one doctor were sent to Kennedy. town to take their chances as plague patients, only to be discharged next day by another doo or, who said they had no plague. There may have been other similar cases, but these will suffice to show that some of our d ctors, de spite the experience of past years, are still groping in the dark as regards plague. They perhaps are + ot to blame, but the kuowl:dge of their incompetence is decidedly far from comfort. ing to patients coming under their treatment. Besides, if a man lus not got plagu», but is sent, on the pronouncement of a doctor that he bas, to an justitntion, where the disɔase of necessity abounds, and where he raus the gravest conceivable risk of being infected, surely that is not fuir to the u lucky patient, and surely the comment, I could have sworn it was plague is not sufficient excuse for « binnder that might have cost a man his life. Plagne is bad enough in all conscience without sending a man out of his way to contract it, and the daily returns of the sauitary authorities are disquieting enough in the height of an epidemic without the inclusion of cases that are anything but plague cases. With apologies for
trespassing on space Yours, etc.,
OBSERVER.
KWANGSI FAMINE FUND.
---
The Hon. Treasurer acknowledges with thanks the following subscriptions:
Amount previously acknow.
ledged
44
Capt. and Mrs Arbuthnot
E. H. Sharp, Esq.
Chinese Americau Commer-
cial Co.
Other Chinese subscriptions
$39,627.08
25 50
100 1,290.00
$41,092 08
SHANGHAI MERCURY," LD.
THE HONGKONG WEEKLY PRESS AND
SUPREME COURT.
The report for presentation to the third annual general meeting of the shareholders of the Shanghai Mercury, d, has the following under the head of Profit and Loss Account:-After paying an interim divillend off 5 per cent on the 27th November witing off Tls. 4.721.04 for depreciation, etc. and providing for directors and auditor's fees, the balancs to the credit of this count amounts to Ts. 4,542.75, out of which the Directors propose to pay a final dividend of 5 per cent., absorbing Tls. 3,5 9, to pay a bonus to he working portion of the foreigu staff of 10 per cent. amounting to Tls. 720.00, to carry forward the balance of Tls.
83...75.
BROKERS' CASE AT SHANGHAI.
At the German Consular Court, Shanghai, on the 11th inst, before Mr. Maenss, Vice- Consul, and Messrs. H. Spethlage and C. Landgraf, Assessors the case of Toer and Read v. Melchers concluded. The judgment was as follows:-
That it is customary that the brokerages are due only upon settlements of transactions, as is well known and needs no further com. ment. Apart from this and with regard to case in issue, the Court is not of opinion that the letter of the 16th February conveys the mearing of a contract according to which Mr. Bandow should have been bound to accept the offer of Ts 85,000 should Mr. Melchers agree to the price by telegram. The production of said telegram is in con. sequence of no value.
That Mr. Bandow has given the property on hand to Mr. Toeg for the purpose of a sale is reither asserted or proted. The case is therefore dismissed with
costs.
Dr. Vorwerk, on behalf of the defendant, said the matter could have been settled amicably out of Court had not the plaintiffs rushed to give the case into the hands of their lawyer in the first instance, and demanded a commission to which they were not entitled. Mr. Bandow, however, fully recognised the trouble which Mr. Tong had taken in connection with the sale of Mr. Melchers's property, and therefore, now offered him fair compensation for his exertions.
Saturday, 13th Juue.
IN ORIGINAL JURISDICTION.
BEFORE HIS HONOUR SIR HENRY S. BERKELEY (ACTING CHIEF JUSTICE).
HO CHU TING V THE WING SHING.
This was a claim for a partnership account and to wind up the business of the Causeway Bay Dairy. Mr. H. E. Pollock, K.C, instru t- ed by Mr. F. P. Hett, solicitor, appeared for the plaintiff, and Mr. M. W. Slada, barrister- at-law, instructed by Mr. F. X. d'Almada, solicitor, for the defeudant,
The case occupied the Court the ntire week, and after reviewing the evidence his Lord- ship gave judgment for the defendant with costs.
Tuesday, 16th June.
IN SUMMARY JURISDICTION.
BEFORE HI HONOUR A. G. WISE (PUISNE JUDGs).
A MINIATURE "ZAFIRO CASE. Leung Chuk Nam and Woug Mi Hong. trading as the Po Fung Kai Ki Bank, sued the Shun On Co., Ld., for damages in respect of an a leged breach of contract by the defendants in failing to deliver a package of $550 in bankuotes shipped on board their steamer Namking by the plaintifs. Mr. H. W. Looker of Messrs Deacon Hastings, solicitors, appeare for the plaintiff, and Mr. F. J. Grist of Messrs. Wilkinson & Grist, solicitors, for the defendants.
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on
Plaintiffs in their statement of claim stated that they were Chinese bankers carrying ou business in Chu Yuk Steet, bainam, in the district of Famshui. Defendants wera & re- gistered company and carried on business as shipowners at 31. Wellington Street. On 19th April, 193, plaintiffs shipp d board the 'camship Namking, of which the defendants are the registered owners, three packages of silver-namely, one package consist- ing of $500 in 20-cent pieces, one consisting of 80 Japanese yen and one consisting of $25 (Mexican) and one package containing $550 dressed to the Wing On Bank 183 Queen's Road Mexican currency in banknotes and a letter ad-
Central, and that the defendants duly received the same on board the ship to be carried by them to Victoria for reward and there delivered to the Wing On Bank. The receipt on board of the said three packages of silver and one of bank- notes was duly acknowledged by the defendants, and a sum of $ for freight was duly paid to the defendants by the plaintiffs' in respect of them. The defendants duly carried and delivered the three packages of silver but failed to carry and deliver the package of bank- notes or any part thereof. Plaintiffs had suffered damage by reason of the breach of contract by the defendants and claimed $559 and interest at the rate of 8 per cent. per annum from 19th April, 1903.
Defendants in their answers admitted that on 19th April, 1903, plaintiffs shipped on board the sternship Namking three packages of silver addressed to the Wing On Bank, 183, Queen's Road Central, all of which packages were duly delivered to the Wing On Bank. Defendants denied that they on te 19th of April, 1903, or at any other time received from the plaintiffs a package containing $550 Mexican currency in banknotes or any letter address d to the Wing On Bauk. Defendants also denied that they acknowledged the receipt from the plaintiffs of such package containing banknotes or that they received the sum of $1 for freight or otherwise in respect thereof. They denied that they entered into any con. tract to carry and deliver the said package of bankuotes for reward or otherwise, that they had committed a breach of any contract entered into by them with the plaintiffs in respect of the said package of banknotes and letter, and that the plaintiffs had suffered any damage.
Mr. Looker in opening the case said that everything was admitted by the defendants except the one thing-namely, that this parcel of banknotes was put on board. They admitted
(June 20, 1908.
receiving the silver but så'd they did not receive the letter containing the £550 in banknotes. He would bring the manager of the plaintiff' shop to tell how he counted out the notes the night before, and evidence would be called to show that the thies pokages of silver and the one containing the banknotes were shipped on board the Namking and their re csipt chopped in the acknowledgment book. It was subse- quently found that the bank in Hongkong hai not received the $550 in] b.uknotes. When enquiries were made the people on the steamer said they had not received this pick-ge of banknotes. When the book with the chop in it was produced th steamer people said it was false, that it wa‹ chopped in a black book and not in a yellow book. He would prove that the plaintiffs had been constantly sɔnding money in bullion and banknotes down to the defendants, These sums had always ben received, and the same chop used in respect of this consignment had been used in many other cases.
For the plaintiffs evidence was given that the bank foki took the thres parcels f silver and the one of banknotes to the steamr, shipped them, and got the acknowledgment book chop- pad in respect of them. Leung Chuk Nam, sub-maunger of the bank, said that the bank- notes were Hongkong and Penang notes.
For the defendants evidence was given to the effect that there was no fackage of bankuotės accompanying the packages of silver coiu, and that the chop was not genuine.
Mr. Grist in his concluding remarks made the objection tat in the pleadings the bank- notes were described as of Mexican currency whereas on the plaintiff' own showing they were actually Hongkong nd Penang notes. On that point alone the plaintiffs' case must fail. On the main question he contended that the evidence of the two principal witnesses showed vital discrepancies and that the plaintiffs, on whom lay the ouus of proof, had failed to prove the probable existence of these banknot s or their shipment on board the Namking,
His Lordship in giving judgment said that with regard to the technical objection as to Mexican as against Hongkong and Penang currency, he would give Mr. Looker leave to amend his pleadings, With regard to the main point there was only one slight discrepancy in the evi lence of the two princip 1 witnesses for the plaintiffs, referred to by Mr. Grist. He was thoroughly convinced the steamer people) and therefore he took it in that the book was chopped by Lau Lin (ons of
conjunction with the evidence of the plaintiff's that he received the four parcels. Judgment for the plaintiffs with coats.
The Court adjourned.
Wednesday, 17th June.
IN SUMMARY JURISDICTION.
BEFORE HI: HONOUR A. G. Wiss (PUISNE JUDGE).
LI WEI v. YuÈN hang K ́N. This was a cross-summons, in which Li Wei claimed from Yuen Hang Kin the sum of $814.58 money due and was summonsed in torn for $96. Mr. M. W. Slade, barrister-at-law (instructed by Mr. J. Harston of Messrs. Ewens & Harston, solicitors), appeared for Li Wei, and Mr. John Hays of Messrs. Johuson, Stokes and Master, solicitors, was for the other side.
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client was presently employed as head boiler- Mr. Slade in opening the case said that his
maker in the gas-works at Wanchai. He was last Yuen Hang Kin approached him and a man with some little money. In December requested a loan of $500 for the pur, ose of build. ing a house in the country, and offered him as an inducement for the loan the position of rent- collector in respect of some 26 houses in Amoy and watow Lanes at a salary of $15 per month and a floor-rent-free, and also said he would give Ll Wei a promissory note on the property. Li Wei lent the 8500 ton 18th December and on 20th December was appointed rent-collector. He started collecting rents almost immediately and frequently made payments to the defendant or his cousin, who was either employed by the defendant or was a partner. He continued collecting rents until 18th February when helft, not because he