116
Tuesday, 9th August.
IN APPELLATE JURISDICTION,
BEFORE THEIR HONOURS SIR WILLIAM M. GOODMAN (CHIEF JUSTICE) and T. SERCOMBE SMITH (PUISNE Judge).
CHAN UT BUI AND PUN KAN SHAN V. CHU LEE AND CHOW PING.
The Court heard further argument in this appeal against the decision of the Chief Justice. Mr. M. W. Slade (instructed by Mr. H. J. Gedge, of Messrs. Johnson, Stokes and Master. solicitors), appeared for the appellant; and Messrs. E. H. Sharp, K.C.. and H. E. Pollock, K.C. (instructed by Mr. J. Scott Harston, of Messrs. Ewens and Harston, solicitors). for the respondents.
Their Lordships reserved judgment.
Wednesday, 10th August.
IN SUMMARY JurisdictION. BEFORE HIS HONOUR T. SERCOMBE SMITH (PUISNE JUDGE.)
TUNG HIP LOONG V. THE PO HANG BANK AND CHEONG PO CHEE.
The plaintiffs sued for the sum of $300 said to have been delivered by them to the defendants and not remitted by the latter. Mr. John Hastings appeared for the plaintiff, and Mr. H. W. Looker, of Messrs. Deacon. Looker and Deacon, for the second defendant, Cheong Po Chee.
Mr. Hastings said that Cheong Po Chee was sued as a partner in the Po Hang Bank.
Mr. Looker denied that his client was a partner, and stated that he appeared under protest.
Mr. Hastings said the main question in the case would be partnership or no partnership.
Mr. Looker contended that that was not the question. The writ served against Cheong Po Chee was bad. He was not served with the writ as a partner, but as
ELI individual, and as a matter of fact he was not a partner. Again, the writ was served upon the Po Hang Bank as lately carrying on business at 137, Queen's Road. Central, and now at 193. Des Voeux Road. Cheong Po Chee had always been
at the latter address. If he was sued he must be sued in the firm name.
Mr. Hastings argued that they were entitled to serve Cheong Po Chee as a partner, and all the other partners as well. They named Cheong Po Chee specially because it was he whom they wanted to getiat.
His Lordship remarked that it was not made plain on the writ that the plaintiff was suing Cheong Po Chee as a partner.
After further discussion, evidence was led and the case was adjourned till next Friday.
Thursday, 11th August.
IN SUMMARY JURISDICTION.
BEFORE HIS HONOUR T. SERCOMBE SMITH (PUISNe Judge.)
CLAIM FOR COMMISSION.
Lau Kam Sing sued Tsang Kang for $265.60 being commission on the purchase by the defendant of 9,000 barrels of Portland cement Mr. E. J. Grist, of Messrs. Wilkinson and Grist, solicitors, appeared for the plaintiff, and Mr. H. Hursthouse, of Messrs. Dennys and Bowley, solicitors, for the defendant.
Mr. Grist in his opening statement said that the plaintiff was compradore of Dan Chee and Co. Defendant was a contractor carrying on business here. Some time in July, 1902 defendant entered into a contract with Dan Chee & Co. for the purchase of 9000 barrels of cement. He was introduced by the compradore, and the compradore claimed from him in respect of that purchase commission at the rate of one-half per cent, on the price. There was no specific contract to pay this money, but there was the usual custom of the trade here, and the custom was that where a Chinese firm was introduced to ย firm carrying business here through a compradore, and the compradore guaranteed the contract, he should be entitled to charge the purchaser a percentage
on
THE HONGKONG WEEKLY PRESS AND
on the purchase. That was the plaintiff's contention. He did not know whether the defendant admitted that he was induced to enter into this contract by the compradore ?
Mr. Hursthouse-No. Evidence was taken.
The defence set up by Mr. Hursthouse was that it was not a question of custom with Chinese in these matters, but whether it was in consonance with British law and reasonable in this case, as the plaintiff had had nothing to do with this contract being entered into and did not even act as interpreter at the introduction. Owing to the absence through sickness of one of the witnesses for the defence, Mr. Wright, the hearing was adjourned.
SUIT FOR BOARD AND LODGING.
[August 13, 1904- HONGKONG SANITARY
BOARD
A meeting of the Sanitary Board was held on the 11th inst, in the Board Room. Dr. present Hon. P. N. Jones (Vice-President), J. M. Atkinson presided, and there were also
Sparks, R.A.M.C.; Mr. Lau Chu Pak, Mr. Hon. A. W. Brewin, Registrar-General; Major Fung Wa Chun; Mr. A. Rumjahn Mr. H. E. Pollock, K.C.; Mr. E. A. Hewett, Dr. W. W. Pearse, Medical Officer of Health; Dr. H. A. Health; and the Secretary. Macfarlane, Assistant Medical Officer of
TYPHOID FEVER AND WELL, WATER. Mrs. Watling, of Zetland House, sued W. J.
There was submitted correspondence relative Hobbs for $87.25, money due for board and cheong, and report by Dr. Hunter on the to a case of typhoid fever at No. 9 Wongnei- lodging. Mr. E. J. Grist, of Messrs. Wilkin bacteriological examination of three samples of son and Grist, solicitors, appeared for the plain-water from a well on the premises. tiff, and Mr. P. W. Goldring, solicitor, of Mr. John Hastings's office, was for the defence.
The plaintiff stated that defendant came to her house in April at $75 a month, along with another boarder. On 3rd or 4th May defendant was taken ill and went to hospital. He came back during the month to his old room. About the end of June he left.
Cross-examined-She agreed with the de- fendant to accept $35 in full settlement of his account for May. During June defendant's old room was let to two Americans to one for twelve days and to the other for a week.
Mr. Goldring stated that, his client did not sleep out of the hospital antil 6th July. During June he was allowed out of hospital every day, and went to Zetland House simply for tiffin with the friend with whom he had previously shared the room.
After further evidence,
His Lordship said the question he had to decide was whether there was a continuation of defendant's contract for board and lodging. He felt unable to imply that there was a continuation of the contract 80 long as defendant was away in hospital or that there was any agreement express or implied that Mrs. Watling should keep this room or proportion of it during the month of June, But he went there sometimes and signed chits, and he must pay for what he got. Judg ment for $24-25, of which $23-25 had been paid
into Court, and costs.
TUNING A PIANO.
8
The Robinson Piano Co. sued J. Lambert,
superintendent engineer of the Dock Co., for 837.30, being balance of account due and $10 for two tunings of a piano. Mr. Goldring was for the plaintiffs; Mr. Grist for the defence.
Mr. Goldring stated that plaintiff was on the piano-tuning subscribers' list. At the end of two tunings he came and said he should not be on the list.
Mr. Grist said he mi.ht shorten the case by stating that the piano was bought on the instalment system, and part of the contract was that it should be kept in tune until the purchase money was paid, after which the tuning ceased. But twice after that date two tunings were done by the Robinson Co. although defendant had engaged somebody else to do it. There was no dispute as to the balance of the account which had been paid into Court,
His Lordship remarked that the question was whether this work was done when defendant was a subscriber or, if after he was a subscriber, it was done at his request. After hearing evid- ence his Lordship found that defendant was not entitled to pay the $10 charged for the two tunings. He gave judgment accordingly for defendant in respect of this sum, and judgment for plaintiffs for the balance of account paid into Court.
14
Bennet Burleigh, war correspondent, is being roasted" at Home for the ridiculous posture he assumes in his despatches, of adviser to the Japanese, and his air of "I told them how to do it" after a Japanese victory. The Saturday Review, not to be behindhand, suggests that it is unlikely the Japanese, made famous by a few months of flawless campaigning, would listen to the advice of a civilian member of a nation that makes a mess of its own wars. It seems a waste of Saturday energy to tweak the lion's tail in order to pull a mere reporter's nose.
The PRESIDENT stated that from the report of the drains at any rate were defective. It of the Sanitary Surveyor it was seen that some appeared from the report of the Bacteriologist that the well was contaminated, considerable sewage getting into it by some means or other, and as they knew a case of typhoid, the only thing to do was to move the closure of the well. He moved accordingly.
agreed to.
Mr. POLLOCK seconded, and the motion was
BATHS FOR BETTER CLASSES.
Correspondence was laid on the table relative for the use of the better classes and charging to the advisability of setting apart some baths a small fee therefrom.
of the baths, at Wanchai were used by the coolie Inspector J. A. Lyon reported that the bulk
class with the result that the better classes had been now almost entirely driven away; and he desirability of having some of the baths reserved directed the attention of the M.O.. to the
or some alteration made in the existing system.
Dr. Pearse sugested that perhaps it might pay to set apart some baths for the use of the better class by charging a small fee. The Board might consider the matter.
Mr. Lau Chu Pak minuted :-What is meant by better class"? I don't think the well-to-do Chinese will avail themselves of these baths, nor will the shopkeepers care to mix up with the coal coolies in the same building. Before going into the question seriously, let the Inspector submit the sketch of the proposed alteration.
be quoted by the Inspector that the better Mr. A. Rumjahn-I think instances should classes have been now almost entirely driven away," and how many of the better classes of Chinese have used the baths.
Mr. E. A. Hewett-I very much doubt if any Chinese above the ordinary class will make use of a public bathhouse even if reserved for paying visitors. I should like to hear the views of the Chinese representatives on this subject.
Mr. POLLOCK said he agreed with Mr. Rumjahn and Mr. Lau Chu Pak that some more information should be thrown upon this subject by the Inspector before they could act upon it.
The PRESIDENT remarked that the Chinese representatives did not appear to think that the better class of Chinese would use the baths.
Therefore he did not think it would be of much use for the Board to recommend that a charge should be made. The baths were provided with the object of the better classes of Chinese using them. At present they were used by the coolie class. They could refer the matter back to the Inspector.
Mr. POLLOCK moved that this be done. Mr. LAU CHU PAK seçonded, and the motion was agreed to.
JARDINE, MATHESON AND CO.' OFFICES. Further correspondence re the application for permission to erect six water-closets and three urinals at 2, Pedder Street, was submitted.
The PRESIDENT said a letter had been sent and Messrs. Jardine, Matheson & Co. had replied to the architects asking for further information, that there would be shops on the ground floor but it was not intended that Chinese should sleep on the premises. According to their original letter there would be 25 Europeans and Americans residing on the premises, and there might be 50. Blocks of offices were amongst the class of buildings which the committee.con-