December 14, 1908.]
I move
being no inconsiderable shareholder. that Mr. Ray get a retiring allowance of £900 per annum for the first three years after leaving the Colony, and afterwards £500 per annum, have not asked anyone to second this proposal.
The amendment was not seconded.
The CHAIRMAN-I presume you do not want to take it to the vote?
Mr. Ross TAYLOR-Certainly not, The report and accounts were carried uu- animously, Mr. Ross Taylor not voting.
On the motion of Mr. GODDARD, seconded by Mr. LEIGH the confirmation of Mr. C. Michelan as a director was confirmed.
CHINA OVERLAND TRADE REPORT.
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was
489
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from To Shing, 22, Peel Street, $28,000 | The plaintiff's case rested upon certain written money received and $12,000 damages for breach documents of which, he submitted, the of contract in respact to the building of two interpretation was perfectly clear. The first steamships. Hon. H. E. Pollook. K.C., barris document of importance was the agreement of ter-at-law (instructed by Mr. F. B. L. Bowley 9th October, 1901. After tho work had been of Messrs. Dennys and Bowley, solicitors), ap- begun defendant received from the plaintiff peared for the plaintiff; and Mr. M. W. Slade, various sums on account amounting to $49,000, barrister-at-law (instruited by Mr. C. E. H. the balance to bo paid when the steamers Beavis of Messrs. Wilkinson and Frist, solici- were delivered. Although there tors), was for the defendant.
interpretation clause to this document, as a Mr. Slade said he must make a further appli- matter of fact he would be in a position to cation for an adjournment in order to enable them to obtain certain documents which a tele-
prove that this document of 9th October and a subsequent one of May, 1902, were interpreted gram received only on Tuesday said were on to the defendant by Mr. Yan Kwan Un, the their way from Hauoi. The vast majority of interpreter to Messrs. Dennys and Bowley. the papers in the case were down there, being in The only question to be fought out in respect to use in connection with the case that was going the agreement was its proper legal construction. on in Hanoi. The only information was that They came before the Court to ask damages certain documents had been sent. He would because the agreement had not been carried out, also mention that they had not received from They said that the document could only have one the other side copies of certain material docu-meaning, which was that the plaintiff was entitled, ments which they had in their possession; some Mr. H. C WILCOX seconded and the motion which had been received within the last half.
on the proper payments being made, to delivery of these launches. The first launch was handed was agreed to.
over to plaintiff's nominee, but with regard to the second launch there was a difficulty and it was not handed over, for while they were actu. ally applying through their solicitors to have it completed and finished off it was spirited away up to Canton. Then security was ordered.
Mr. Ross TAYLOR moved that Messrs. E. Goetz and C Michelau, who retired by rotation, be re-elected to the directorate.
Mr. H. W SLADE seconded, and the motion was agreed ?
Mr. G. T. VEITCH moved the re-election of Messrs. H U. Jeffries and T. Arnold as auditors.
This was all the business.
The CHAIRMAN intimated that dividend warrants would be ready to-day (Wednesday).
NIPPON YUSEN KAISHA. The following is the twenty-seventh report of the Nippon Yasen Kaisha (Japan Mail Steam- ship Company, Ld.), presented to the shareholders at the half-yearly ordinary general meeting held at Tokyo on the 26th November:-
The gross profits of the company for the past half-year amount to you 3,917,260.91, out of which there has been paid :-- Depreciation of the Company's fleet
and property
Insurance fund
Ships' structural repair fund.
yen 720,148.630
J
174374,090 432,957.600
Yen 1,327,780.370 leaving a balance of yen 3,322,771.815, including yeu 733,291.275 brought forward from the last account
The directors now propose that yen 129,474.030 be added to the reserve fund, raising it to you 1,914,053.756; yen 800,000,000 to the fund for the extension of services and improvement of the fleet, bringing that amount to yen 3,500,000,000; and that yen 71,358.110 be allowed directors' and auditors' fees. From the remainder the directors recom- mend a dividend at the rate of ten per cent., together with two per cent. as special dividend, thus making twelve per cent. per annum, which will absorb yen 1,320,000.00.
The balance, yen 1,001,939.675, will be carried forward to the next account.
SUPREME COURT.
Tuesday, 8th December,
IN SUMMARY JURISDICTION.
BEFORE HIS HONOUR A. G. WISE (PUISNE JUDGE),
CLAIM BY CHINESE-AMERICAN COMMERCIAL CO.
The Chinese-American Commercial Company claimed from Wai Chan & Company $876.37 due on a promissory note, dated 27th October, 1903.
Mr. J. Hays, of Messrs. Johnson, Stokes & Master, solicitors, appeared for the plaintiffs and stated to his Lordship that he understood Mr. Thomson, for the defendants, had with drawn from the case.
After hearing evidence his Lordship gave judgment for the plaintiffs.
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hour were very long and complicated. They themselves had been unable to deliver to the other side copies of many of their documents, but they were admittedly unprepared to carry on this case. Some of these notes had come into their hands only two days ago; they had used the utmost proptitude iu getting these trans- lated but could not get it done before because they had not the documenta Under the circum- stances he thought it would only be in the in- the truth of this case to grant an adjournment. terests of justice for the purpose of arriving at
The application was not made on frivolous grounds but on really material grounds.
His Lordship-What do you say, Mr. Pollock ?
Mr. Pollock-I am instructed that eight or nine months ago
His Lordship-Do you consent ?
Mr. Pollock-No.
Lis Lordship said that in that case he would not grant an adjournment. He had had this matter before him very fully. It was set dow originally for trial in Angust but was postponed till November Another application was made in November after he had arranged everything and given up the time to this case which he would otherwise have appropriated to other cases. On that occasion he gave a further ad- journment till 10th December, when he intimated that in nearly every case that had come on lately some one would apply at the last moment for an adjournment. Only two days ago he bad heard a summons in this caso as to whether there should not be an adjournment and both parties had consented.
Mr. Slade explained he only agreed not to press his summons on the ground that certain documents were coming into their possession which they believed would enable them to win their case.
His Lordship-Yes, $30,00) security, I re- member.
Mr. Pollock went on to argue that the agree- ment was about as clear an agreement as could addition to the $49,000 that had been paid a be made. On the contract it appeared that in further sum of $15.000 was paid on account of the balance due. Therefore there only remained a balance of $14,000 to be paid altogether on account of the launches. The position of parties then, after this document had been signed and the money banded over was that the defendant was bound to deliver the launches upon the receipt of the $14,000. It was quite clear that the defendant had broken his contrae, He thought it was admitted that the launch was taken away out of the jurisdiction of the Court and they said that the defendant by not deliver- ing it to the plaintiff broke bis contrmot and must pay them as damages the value of the launch. As to its value, an offer of $40,000 had been made for the launch.
Evidence was afterwards taken for the plain- tiff.
The Court adjourned at 4 30 until 10 30 a.m. to-day.
IN SUMMARY JURISDICTION.
BEFORE HIS HONOUR A. G. Wise (PUIONE JUDG2.)
ERRATIC METERS.
The Hongkong and China Gas Co., Ld., sued Mrs. T. A. Bateman for $21.40 in respect of gas and fittings supplied. Mr. E. J. Grist of Messrs. Wilkinson and Grist, solicitors, appeared for the plaintiff firm and Mr. J. Hays of Messrs Johnson, Stokes and Master, solicitors, was for the defendant.
His Lordship remarked that there had been already three applications for adjournment. Parties had had staple opportunity of getting the required documents. Mr. Henry Piry appeared to have some litigation down in Hanoi which he seemed to think more important than this litigation here. He was not going to have that Court made a convenience for anybody who chose to come and get him to sit. He was not going to adjourn this case; he was going|ment he had better apply for it at once. to hear it.
Mr. Hays complained that he had not seen the particulars of claim; these had only been sent in at the last moment.
Mr. Grist said that if he wanted an adjo urn-
His Lordsbip-I should like to know some. Mr. Slade said that many of the documents | thing about the defence. You are not going were actually in use in the court at Hanoi : they could not be in both places at ouce; certain documents were actually on their way.
His Lordship-I decline to adjourn.
Mr. Pollock in opening the case submitted the statement of claim which bore that on or about 10th February, 1901, defendant entered into a verbal agreement with Chau Yuk Shang | whereby defendant agreed to build, complete, and equip a paddle-wheel steamship within nine months from that date for a price of $48,000; | and on er about 7th April, 1901, defendant entered into a second verbal agreement with Chan Yuk Shang whereby defendant agreed to build, complete, and equip a second steamer within a period of eight months from that date for a price of $30,000; the steamers to be delivered on proper payments being misde. The DISPUTH ABOUT THE BUILDING OF STEAMSHIPS. | plaintiff's claim, said Mr. Pollock, was made A case was called in which Tso Chenug Shi, | simply and solely on the ground that defendant widow, 162, Queen's Road West, suing as had failed to carry out the contract he entered | executrix of Tsoi Heung Po deceased, claimed 'into with the deceased husband of the plaintif.
Thursday, 10th December.
IN ORIGINAL JURISDICTION.
BEFORE HIS HONOUR SIRr William M. GOODMan (Chier JUSTICE).
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into the question of bad gas, are you? (Laughter.) Mr. Hays-It is a matter of whether or not your Lordship can possibly believe that the
meter
His Lordship-I can believe anything about meters.
Mr. Hays--You can believe anything about meters ?
His Lordship-Yes, water or gua. Mr. Hays--Then it is perfectly possible to imagine that the defendant in this" case had been charged with more than—-
His Lordship-The proper course if you don't think a meter right, is to send and tell the Company to test it. If it is found to be wrong then they have to pay the cost. I think it is the samo practice here as it is at home. If the meter is right you have to pay.
Mr. Haya-Not until after it was tested did it read in a normal or tensible way at all. For one month the gas consumed, according to the meter, was no less than five times more than the