300
Thursday, 14th April.
IN ORIGINAL JURISDICTION.
BEFORE HIS HONOUR SIR W LLIAM M. Goodman (CHIEF JUSTICE).
CHEUNG KAM TIN v. C. EWENS.
The hearing was completed in the cross-action by Cheung Kam Tin against C. Ewens, solicitor. for $94,382.04, being the difference between the value of 1,800,000 square feet of land and 100,472 square feet of land at 5 cents per square foot with costa of $908 paid to the defendant as plaintiff's solicitor.
Hon. H. E. Pollock, K.C. (instructed by Mr. G. K. Hall Brutton, solicitor), appeared for the plaintiff, and Mr. E. H. Sharp, K.C. (instructed by Mr. R. Harding, of Messrs. Ewens and Harston, solicitors, acting under power of attorney from Mr. J. Scott Harston), represen- ted the defendant.
His Lordship in delivering judgment said he was bound to say that by Mr. Ewens's bill which was sent in November and paid in March, 1902, he thought it was perfectly clear that Mr. Ewens did not charge for the agreement as he was acting for the vendor. therefore he did not think Mr. Ewens was solicitor for the plaintiff when the agreement was made. He did not believe any intelligent man would allow such an important thing as the stipulation regarding the 75 years' lease to be left out of the assignment. In the witness-box plaintiff had shown himself to be a very acute man; he was not unacquainted with the law, and this was an important matter which he would have strictly attended to. Mr. Rumjahn had said that he would have given three lacs for the land under such a lease at that time, because
a boom was on in land and yet plaintiff tried to make out that he was going to get it for $95,000. Plaintiff was so cautious in the witness-box that it had led his Lordship to believe that if there had been anything said about a 75 years' lease he would have had it put into the assignment. The assignment and the agreement, he thought, re- presented precisely what was intended by Mr. Ewens, and he did not believe the statement of the plaintiffs that there was an absolutely inconsistent and supplementary clause verbally arranged between them at another time. He did not believe for one moment that Mr. Ewens had said he would guarantee to get a 75 years lease; it would have been an absurd thing for any solicitor to say. If he ha said it, plaintiff would have insisted on having it put into the deed of assignment. Under the circumstances he found the plaintiffs had not proved their case. and he accordingly gave judgment for the defendant with costs. He did not think it was a case in which defen- dant had shown any fault or negligence. But he thought it was a case which showed that when one is dealing with property of a large value there should be a solicitor on each side.
The Court adjourned.
Friday, 15th April.
IN APPELLATE JURISDICTION.
BEFORE THEIR HONOURS SIR WM. M. GOOD- MAN (CHIEF JUSTICE) AND T. SERCOMBE
SMITH (ACTING PUISNE JUDGE), •
WARNING TC SOLICITORS.
On two occasions, in October and November last, the Appellate Court consisting of the Chief Justice (Sir William Goodman) and the Paisne Judge (Mr. Wise) had a case before them Kwok Chiu Hin against Kwok Sui Hing and others, the appeal having arisen out of a judgment of Mr. Justice Wise in relation to certain transactions of the Chinese firm known as Bismarck and Company, It was alleged that Mr. Justice Wise had. contrary to evidence. found as facts that a document sued upon had been altered after signature; that there was no condition that the document was not to be sued upon until after the accounts of the Port Arthur business had been gone into jointly by the appellant and by somebody on behalf of the respondents, and on other grounds of fact; also that his Lordship refused to allow an adjourn ment to allow of the bringing down of an important witness; and also on a point of law.
THE HONGKONG WEEKLY PRESS AND
On the latter hearing the Chief Justice post- poned the further hearing and his decision until a case then pending before the Original Juris- diction should have been disposed of, which case was connected with the same series of actions.
To-day the appeal was down for hearing. Hon. H. E. Pollock, K.C. (instructed by Mr. G. K. Hall Brutton, solicitor), appeared for the K.C. appellant; and Mr. E. H. Sharp. (instructed by Mr. E. J. Grist, of Messrs. Wilkinson and Christ, solicitors), appeared for the defendants.
Mr. Sharp in opening the case stated that the parties were formerly in partnership in the firm of Bismarck & Co., of a branch of which in Port Arthur appellant was in charge.
The Chief Justice said there was a matter he would like to clear up. The appellant if he wished to appeal must ask for leave to appeal. He could not find any motion for leave to ap- peal in the files; the motion was for leave to move by way of appeal.
Mr. Sharp put it that this notice of motion by way of appeal" was irregular. There was no right of appeal except by the express conditions of Section 41 of the Summary Jurisdiction Or- dinance, which required that first of all there must be a motion for leave to appeal.
The Chief Justice agreed that such motion must be actually made. The Court could not grant indulgences of this description,
Mr. Pollock pointed out that with regard to the right of appeal there was a special order made by Mr. Wise.
The Chief Justice-He could not give leave to appeal.
Mr. Sharp-No; he could not override the Ordinance.
The Chief Justice added that they should have applied for leave to appeal. When the application was made it was a motion by way of appeal."
[April 18, 1904. INTERESTING ENQUIRY AT
HONGKONG.
THE CAPABILITIES OF RATS.
Enquiry was held before Mr. H. H. J. Gom- pertz into the circumstances of a fatal accident which occurred in the No. 1 Dry Dock of the Hongkong & Whampoa Dock Co.'s Hanghom establishment, on the 28th ult. Mr. H. W. Looker, solicitor, of Messrs. Deacon, Looker, and Deacon, appeared for the Dock Company. The s.s. Tremont was in dock at the time, and the wire ropes attached to the shores and made fast aboard the ship were let go. According to the evidence of an European shipwright the doctor who was to give the ship a clean bill of health for the United States authorities at Manila objected to ropes being fast on ships when he inspected them, as rats could thereby find a means of getting aboard, and the doctor was about to make an inspection aboard the Tremont. Witness personally did not think a rat could climb up 20 feet of half-inch wine rope. If the vessel did not comply with the wishes of the doctor, and was unable to get a clean certificate, she might have to undergo 15 days' quarantine at the other end. He gave orders to set up the wedges before letting go the ropes, yet some time after this had been done and the ropes removed one of the shores, perhaps working loose with the vibration caused by chipping hammers, fell down. In its fall it struck a stage, which it broke, and a man working on the stage fell to the bottom of the dock and got a fractured skull. An aged Chinaman who had been for many years an employee of the Dock Co. gave evidence that it had only been custom- ary to sometimes let go these ropes during the past three years; before that they were never let go. A P.C. sworn said that when he visited the dock in question shortly after the accident the shore ropes had again been made fast.
Mr. Pollock argued that the mere verbal Mr. Gompertz said he would represent to difference of the two phrases did not put his the Government that it would be impossible for such occurrences to take place if the ropes were not removed.
client out of Court.
After further argument,
The Chief Justice said that the motion paper was wrong and the appeal must be dismissed He was sorry to have such cases- with costs. there had been several of the same kind pre- viously-disposed of in this way, but if they
once began to allow appeals on erroneous motion papers they would probably be asked to continue the practice. He could not conceive why such errors could be made (because the
very clear) unless
directions were
some
clerk in the solicitor's office was careless in drafting out the paper. The motion paper on which Mr. Pollock made the motion did not
comply with Section 41 of the Summary He was of opinion Jurisdiction Ordinance. that under the circumstances these appeals by way of appeal "must be dismissed with costs.
The Acting Puisne Judge concurred.
THE CITY HALL,
ANNUAL MEETING OF SHAREHOLDERS AND SUBSCRIBERS.
Hon. C. W.
The annual meeting of the shareholders in and subscribers to the City Hall was held yes- terday evening in the Library. Dickson presided, and there were also present Hon. H. Ê. Pollock, K.C., Messrs. H. N. Mody, N. A. Siebs, B. Layton, H. W. Bird, and F. B. L. Bowley (secretary).
The report for the 18 months ending 31st December, 1903, was submitted as follows:--
The last annual meeting was held on the 26th day of February, 1903.
COMMITTEE AND STAFF.-There have been no changes in the Committee since the last meeting, Chairman, Messrs. B. Layton (Hon. Treasurer), and it now consists of Hon. C. W. Dickson
H. N. Mody, N. A. Siebs, and C. S. Sharp and Hon, H. E. Pollock, K.C. Mr. Hursthouse acted as Secretary from 1st July, 1902, to 30th November, 1902, during Mr. Bowley's absence. The City Hall suffered a great loss in July, 1903, in the death of Mr. Lau A Yau, who was compradore at the City Hall for over thirty years.
said he would like to make the observation that The Chief Justice before leaving the bench
in view of the carelessness sometimes displayed in filing these motions the client might have suffered very much from the careless way in which the motion paper was filed, and it was very hard that the client should have to pay the costs owing to a technical mistake for which those who were advising him were responsible. If there was not more attention paid to the form in which these papers were filed. his learned brother and himself were of opinion that they would have to make the solicitors pay the costs out of their own pockets.
like this there could have been any care shown in filing the paper.sound. It was not complicated, and it only required a little care. However, in this case they would say nothing more about the matter, but it need not be surprising if at some future date they should have to do with it.
In a
case
The Court adjourned.
not
The trade returns of the Straits Settlement for the quarter ended on the 31st December last have now been issued. Both imports and exports show a considerable decrease in dollar values amounting in all to nearly 16 million dollars-say 7 per cent. The decrease is in part due to the higher exchange rate of the dollar. Exports show a decrease also in sterling, but imports an increase to more than counterbalance. The total trade expressed in sterling shows a very slight increase.
THE STATE OF THE BUILDING.-The usual annual examination of the building was made by the architects, Messrs. Palmer and Turner, in October, 1903, and the floors of the S. George's and S. Andrew's Halls were found to be quite Several defective beams in the roofs were renewed and other necessary repairs · affected. The amount spent on ordinary repairs during the 18 months ending 31st December, 1903, was $3032.46. The architects report that extensive repairs to the roofs will shortly be necessary. Two new urinals have been fixed, at a cost of $1,164.50, and constitute a great sanitary improvement on the old-fashioned fit- tings which they have replaced.
THEATRE, &C.-During the 18 months ending 31st December, 1903, the Theatre was let to the Amateur Dramatic Club, Mr. Brough, Mr. Dallas, Pollard's Lilliputian and Comedy Com- panies, and many other minor companies and entertainers. Extensive improvements have been effected in the Theatre, including the remodelling of the Dress Circle, Electric Lighting of the Auditorium and adapting