482
worth $260, telling the guesman he came from the Tung Cheung Lung shop. It was further arranged that on the ilext day he should bring ou order from the Fung Cheung Lung for delivery of the fish. He brought this order purporting to be ollopped by the Fung Choung Lang for delivery of the goods on the very day on which he was arrested,
The jury, after bearing evidence, found the prisoner guilty as libelled
His Lordship, id passing sentence of three years' imprisonment with hard labour, said that prisoner was apparently one of a gang going about trying to obtain goods upon forged orders. ASSAULT AND ROBBERY.
Leung Shin, Chan Kat and Han Shin were charged with having on 25th May at Hok-Un assaulted Chan Shin and Woug Chan and robbed them of $150 ad various articles of jewelry and clothing a second count the first and second prisoners were charged with. receiving stolen property
The first and second prisoners pleaded guilty on both counts: the third pleaded not guilty.
This case was first of all called in the forenson, and was aljournot until after tiffin-time, When the Court met efter tiffin.
The Attorney General stated that he was prepared to acept the pleis tendered and did not propose to proceed against the third prisoner. This was a bid case. The roubory took place in the night. The inmates of the house were threatened, assaulted, gagged and bound and the house was practically cleared out, The first and second prisoners were found almost immediately after the robbery with the bulk of the stolen goods pon them.
His Lordship said this was a serious offence, The sentence generally given to robbers by that Court was five years and h fogging. As they had pleaded guilty he would sentence them to three years' imprisonment with hard labour; and with a view to discourage the violence which people of their sort exhibited towards persons whom they robbed, he ordered that they be flogged with 20 strokes within the first week of their imprisonment.
FOR ERY.
Un Shung was bright up on a charge of having on 20th May forged and uttered a request for the delivery of three cases of white shirt- ings purporting to be chopped by Hing Kee.
THE HONGKONG WEEKLY PRESS AND
execution was stayed, and leave given to the defendant to bring in a counter-claim. The defendant now claimed $6,089.31 damages and $187 money pɔid. B
He pleaded guilty and stated in extenuation of his crime that the prosecutor hal owed him some money as commission since last year and refused to pay it. Some of prisoner's friends, advised him to do so and so, and accordingly ho† got this false order made.
His Lordship said this was no excuse or pal- liation. Sentence-three years' imprisonment,
The Court adjourned.
Monday, 22nd Jane.
IN CRIMINAL JURISDICTION.
BEFORE HIS HONOUR A. G. W183 (PUISNE JUDGE).
Sze Wo was indicted on four charges for offences under the Women and Girls' Protec- tion Ordinance, 9 of 1897 and section 22 sub- section ).
Mr. H. E. Pollock, K.C., conducted the pro- secution on behalf of the Acting Attorney
Grenéral.
The following were the jury:-Messrs. W. A. H. Otto foreman, G. Hunter, W. B. Boyce, W. C. P. Stoppa, F. E. Shuster, H. Ruttonjos, and V. Carrera.
His Lo.dship passed sentence of two year: in respect of each of the two first offences and one year in respect of the third-in all fire years' hard labour.
The Court adjourned.
Tuesday, 3rd June.
IN ORIGINAL JURISDICTION.
BEFORE HIS HONODE SIE WILLIAN M, GOODMAN (CHIEF JUSTICE).
HANG. FUNG KUNG SZE v. TANG KOW. In this action the plaintiff had sued Tang Kow for the recovery of $1,339.21, being principal and interest due on a promissory note.
Mr. M. W. Slade, barrister-at-law (instructed by Mr. C. E. H. Beavis of Messrs. Wilkinson & Grist, solicitors), appeared for Tang Kow; and the other side was represent d by Mr. T. Morgan Phillips, barris'er-at-law (instructed by Mr. John Hays of Messrs. Johnson, Stokes & Master, solicitors).
|
[June 29, 1903. application for adjudication on the estate of Wong Tat Hang, the application having bean made on behalf of two creditors.
His Lordship asked if a public examination of the debtor hal been held?
Mr. Barlow said that there had been no public examination.
'His Lordship then callell attention to Section 17 which states that as sɔon as mɩy by after the filing of the statement of affairs à pablic oxamination of the debtor should be held. If the claim of a debtor were to ba allowed it might (urn out that a friendly creditor might take out a bankruptcy petition what time the debtor cleared out to Cantoa and the deb'or was aljadg d bankrupt. On the other hand there might be cases in which it would be impossible to hold a public examination.
Mr. Bruce Shepherd (Official Receiver) said that so far as Canton was concerned 90 per cent, of debtors were able to get away ou' of the Colony. Under sub-section 3 of section 16 if a statement of affairs had been filed, then the Court might adjudge on the debtor's estate forthwith.
The Chief Justics asked what Sir Henry Berkeley had done in gim lar cases while he acted as Chi-f Justice.
Mr. Bu e Shepherd said that 3ir Henry Berkeley had refused adjudication in two cases with most disastrous results to the creditors. The owner, who was in the last stages of con- sumption and could not return to tas Colony, had sent h's 803 to make out a statoment of his liabilities which showed that his liabilities were som› $60,0 10 an 1 his arse's $15.000.
In the counter-claim it was stated that the defendant was an engineer and resided at Yaumati, and the plaintiffs were merchants and Californian goods dealers carrying on business at 241, D's Voeux Road. On 4th February, 1901, the defendant chartered from the plaintiffs the lor. ha Shun. Wi Toung for a period of three months, at the rate of $1,500 a month, payable in advance, to proceed on a voyage from Hongkong to Mindoro in the Philippine Islands, and there to load and carry back to Hongkong a cargo of damaged goods. The charter-party was in writing and was made between the defendant and one Su Young, the master of the lorcha, on bhalf of the plaintiffs, the owners of the lorcha. The goods were portion of the cargo of the s.8. | Fatani Maru which had been wrackel on or near the island of Mindoro, and the lorch was intended to be used in the salvage operations necessary to obtain the cargo. On or about 4 h February, 1901, the defendant paid to the plain. tiffs, $1,500, the charter mouay for the first mouth, and loaded on board the loreha apparatus for salving cargo of the valu of $4,030.39. On |th February, th lorchid sailed from Hongkong and on the 12th was wrecked by reason of the ordinary perils of navigation before coming to Mindoro and without having loaded the afore said cargo, and the apparatus was totally lost. By reason of the non-fulfilment by the plaintiffs of the charter-party the cost to the defendant of carrying out the salvage operatious was HONGKONG ELECTRIC CO., LD. increased by $1,85) in addition to the cost of uayparatus to replace that lost as aforesaid. Tn of $1,850 was made up of 31,50) obarter mony paid to the plaintiffs as aforesaid, and $300 extra expenses incurred in consequence of the loss of the said loroha And further by reason of the non-fulfilment of the said chartor- party by the plaintiff a delay of over one month was ensed in the commencement of the said salvage operations, whereby the said cargo was deteriorated and the defendant thereby suffered damage to the amount of $200. The defendant on or abo it 7th February paid for and on behalf of the plaintiffs the sum of $32 for the cost of fum gating the lozcha and her crew and on or about 21s February paid a further sum of $105 for and on babalf of the plaintiffs for the passages of the crow from Manila to Hongkong.
In the defence against the counter-claim the plaintiffs admitted receiving from the defendant on or about 4th February, 1901, the sum of $1,550 as charter money for one month paid in advance, but denied their liability to refund the same. Plaintiffs admitted that the vessel sailed
anil was wrecked but said that the wreck was occasioned by the perils of the sea. Plaintiffs had no knowledg of the apparatus for salving, which was stated to have been shipped on board the lorcha or that th- apparatus was lost, and with. The plaintiffs had no knowledge of the further denied any liability in connection there sum of $300 expenses or of the damage amount ing to 800 referred to ia the counter-claim, and further denied any liability in connection As to the several sums of $32 and $105 referred to in the counter-claim, the plaintiffs had paid into Court the sum of $177 and stated that that sum was sufficient to satisfy the defendant's counter-claim.
with either sura,
After hearing argument,
C
His Lordship adjourned the case to allow the counter-claim and defence to be amended in several particulars, reserving the question of
costs
Thursday, 25th June.
IN BANKRUPTCY JURISDICTION.
BEFORE IS HONOUR SIR WM. M. GOODMAN (CHIEF JUSTICE).
Mr. F. C. Barlow of Messrs. Deacon and
Judgment was entered for the plaintiff but Hastings, solicitors, appeared in support of an
Going upon sub są:'ion 3 sction 16, his Lordship grantel alju lication on the estate an appointed Mr. Bruc Shepherd as Off Jal- Reo irer.
F
The Court adjourned.
The following is the report of the board of directors to the fourteenth ordinary yearly mee ing of shareholders, to be held at the company's offices, No. 4, Queen's Buildings, at 12.30 p.m., on Saturday, 11th July-
The balanos at credit of profit and loss account is $52,187.11; after deducting directors fees ($3,000) there remains the sum of $79,167.11 available for appropriation, and your directors recommend that this be disposed of as follows:- To pay a divid nd of 9 per cent:-
Say 90 cents per shar
on 30,0 10 fully paid shares
Say 45 cents per share ou 30,000 part paid shtres
$27,000.00
13,500.00
To write off plant account for depré-
ciation
To write off furniture account for
depreciation...
To carry forward to next account
-$10,500 00
31,741.11
473 00 3,453.00
$79,167.11
The Manager reports that the number of lamps, fans, and motors connected to the Company's supply service ou the 1st June was candle-power. 85 arc lamps are maintained by equivalent to upwards of 22,000 lamps of s the Company and 11 electrio lifts are being operated ly the power service. During the year a new small alterna or set has been brought into operation, a new storage battery for the power service has been erected, and the old battery is being overhauled and repaired.
DIRECTORS.
Hon. C. S. Sharp having resigned his seat on bis departure from the Colony, Mr. A. G. Wood was invited to take his place on the Board. In accordance with the Articles of Association, Messrs. G.H Medhurst and A. G. Wood retire, but, being eligible, offer themselves for re-election.
AUDITORS.
The accounts have been audited by Messrs. Gershom Stewart and C. W. May (the latter in place of Mr. J. C. Peter, who is absent from the Colony). These gentlemen offer themselves for re-election.
A. G. Wood, Chairman. Hongkong, 20th June, 1933.