September 10, 1904. }
and grandson, and it mys a great deal for the comparative healthiness of Hongkong that there are many men in the Colony exceeding the age of two-score years and ten whose vision is as keen and who are as capable of handling a rifle as many a man on the sunny side of fifty. The chief obstacle to the success of the Association is what we are prone to regard in this enervating climate as the inaccessibility of the rifle ranges; but when this is seen to be the case His Excel. lency will doubtless find a satisfactory way out of the difficulty.
So far the supply of coolies from South China for the Transvaal has not been anything like as ample ELN was anticipated. And I suppose this explains to some extent the rumour that the Opium Farmer is to petition the Govern- ment for a considerable reduction in the large sum he is paying for his monopoly in the Colony. It has been said that the Farmer anticipated a large income from the demand likely to be created by the coolies assembling at Hongkong for embarkation, but if the Farmer's tender was based on any such anticipations they cannot be regarded as of a very intelligent order. for at the time the tender was accepted it was by no means certain that Chinese coolies would be admitted into South Africa. It would be interesting to know the real reason of the falling off in opium consumption alleged alike by the Opium Farmers in Penang and Singapore as well as Hongkong.
It may seem to be useless repetition to refer again to the beachcomber nuisance, but really this question is getting so serious that it cannot be too freely ventilated. During an early morning walk on Saturday I was approached by several of these characters seeking for money. In the evening I saw two of the same number at a street stand in Queen's Road swilling those nauseous drinks set ont for the delectation of Chinese coolies. They are certainly at liberty to drink anything they like if they have the money, but
noticed that the spectacle afforded buge amusement to a crowd of set loafers who looked on. To let out those of them who
are in the House of Detention on a pretence of looking for work each day is bad policy. They don't want it. They should be detained altogether or else deported whence they came. BANYAN.
SUPREME COURT.
Saturday. 3rd September.
IN SUMMARY JURISDICTION.
BEFORE HIS HONOUR T. SERCOMBE SMITH (PUISNE JUDGE.)
CONTRACTORS' DISPUTE.
The hearing was resumed of the adjourned action in which Chun Foo Chu, a contractor,
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sought to recover $228.22. for work done and materials supplied (in connection with the turfing of ground at Mountain Lodge and Victoria Hospital) from Chun Yee Sen, another contractor. Mr. E. J. Grist, of Messrs. Wilkinson and Grist, solicitors, appeared for the plaintiff, and Mr. R. Harding, of Messrs. Ewens and Harston. solicitors, was for the defence. The question was one of quantities and of extra work done.
His Lordship gave judgment for $29.60 with costs.
A LIBEL ACTION.
CHINA OVERLAND TRADE REPORT.
Monday, 5th September.
IN APPELLATe JurisdictiON.
BEFORE THEIR HONOURS SIR HENRY 8. BERKELEY (CHIEF JUSTICE) AND T. SERCOMBE SMITH (PUISNE JUDGE).
APPEAL TO THE COUNCIL.
185
Mr. Hursthouse said they had been informed that defendants very early that morning had commenced to remove their goods from the shop. Would his Lordship issue an order of executioù ?
His Lordship granted the order.
Wednesday, 7th September.
IN SUMMARY JURISDICTION.
(PUISNE JUDGE.)
CLAIM FOR RENT.
On Wednesday, 24th Angust. the Full Court dismissed an appeal in the case of Chan Ut Bui BEFORE HIS HONOUR T. SERCOMBE SMITH and Pun Kan Shan versus Chu Ping, surviving executor of Chu Chuen, deceased. The unsuc-- cessful appellants came forward with a motion for leave to appeal to the Privy Council from the decision of the Full Court. They were represented by Mr. M. W. Slade, barrister-at-law instructed by Mr. H. J. (edge. of Messrs. Johnson. Stokes and Master, solicitors) aud Messrs. E. H. Sharp, K.C.. and H. E. Pollock, K.C. (instructed by Mr. J. Scott Harston. of Messra. Ewens and Harston, solicitors), were for the respondents. The action was in respect of the ownership of a Crown lease on the Praya.
Judgment was given for the plaintiff for 10 cents (each party to pay own costs) in the case in which a rice merchant, Chan Lai Ng, sued a clansman, Chan Po Sun, for $1,000 for an alleged ibel contained in an advertisement in the Canton Times newspaper. defaming plaintiff's character. Mr. H. W. Looker. of Messrs. Deacon, Looker and Deacon, solicitors, was for the plaintiff, and Mr. J. Hastings, solicitor, for the defence.
Mr. C. B. Mowrawala has just beaten Mr. A. B. Arasia, the holder of the Half Mile Championship in connection with the Parsee Swimming Club. The Club Championship goes to the winner of the final on Saturday next, accompanied by a silver cnp.
Mr. Slade put in affidavits showing that the property was over £500 in value, namely, £9,120. The Chief Justice You are in occupation? Mr. Blade-Yes, but nothing is being done with the land.
Pun Fung Sang sued the Tsung Fang Wing for 8145, being money due for rent in lien of notice in respect of No. 115, Jervois Street. Mr. F. C. Barlow, solicitor, appeared for the plaintiff. and Mr. F. X. d'Almada e Castro for the defendants.
Evidence showed that defendants took the house on a monthly tenancy and left without giving notice.
For the defendanta two witnesses were called,
the house was for three months only, and the who stated that the agreement about renting
rent was paid for these three months.
A partner of the defendant firm deposed that the premises which they had previously occupied in Queen's Road Central were burned down. The landlord said the building would be rebuilt and again let to them in three months. However, Mr. Sharp-We are quite satisfied with the they did not go back to their old premises as the landlord had raised the rent to a prohibitive terms asked."
The Chief Justice (to Mr. Sharp)—Are you quite satisfied with that security, or do
you want something higher!
The Court allowed the appeal.
Mr. Blade-I would ask your Lordships that the costs of this application be made costs of the cause.
The Chief Justice-Yes. The Court adjourned.
IN SUMMARY JURISDICTION.
BEFORE H18 HONOUR T. SERCOMBE SMITH (PUISNE JUDGE).
CLAIM AGAINST A WAXWORKS OWNER.
Lin Woo, contractor, ened A. W. Symons. proprietor of the waxworks on the Prays opposite the Central Market, for $110 for work dons and materials supplied. Mr. D. V. Stearen sou. of Messrs. Deacon, Looker and Deacon. solicitors, appeared for the plaintiff.
His Lordship (to defendant)—Do you admit this claim?
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Defendant-I admit $10 of it. Mr. Stevenson in opening the case said that defendant applied to plaintiff to put up a mat roof on his warworks building.
Plaintiff gave
him a tender to do the work for $110. Plain- tiff's tender was accepted. but after the roof had been put up it had to be taken down again by order of the Public Works Department. canvas roof was then put up, and defendant applied to the plaintiff to put up bamboos, to keep the canvas in its place. The canvas Was hired at a certain price. been completed defendant paid two instalments on account, but refused to pay the balance. His Lordship after hearing the evidence gave judg. ment for 824 with costs.
When the work had
Tuesday, 6th September.
IN SUMMARY JurisdictION.
BEFORE HIS HONOUR T. SERCOMBR SMITH (POISNE JUDGE).
TIMBER MERCHANTS' CLAIM.
Tan Kan, trading as Lee Kee Tseung. timber merchants up the West River. sued the Chu Lee Loong timber shop. Mongkokteni. for $571.95, being balance due for timber sold and delivered, and costs. Mr. H. Hursthouse, of Messrs. Dennys sud Bowley, solicitors, appeared for the plaintiff.
Mr. Hursthouse stated that the action was undefended. Mr. d'Almada, the defendants. solicitor, had withdrawn from the case.
Tan Kin on being called deposed that he had from time to time sold timber to the defendant firm. At present there was a balance out. standing to the amount of the sum sued for which balance he had been unable to recover.
His Lordship gave judgment for the plaintiff with costs.
amount.
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His Lordship after hearing all the evidence gave judgment for defendants with costs.
▲ PROMISSORY NOTE.
There was down for hearing in the afternoon a case in which Wong Ngok Wan, 249, Queen's Road East, sued Chan Yuet Tsun, 2, Salt Fish Street, West Point, for $282, being principal and interest due on a promissory note dated 11th January, 1901. Mr. Otto Kong Sing solicitor, was to have appeared for the plaintiff. and Mr. P. W. Goldring, solicitor. for the defendant.
This case was down for hearing at a quarter- past two.
The Court officials sat until 2.35 without any appearance being made on either side, and it was then found out that the cass had been settled on the previous day, but that no notifica tion of this had been made to the Court.
His Lordship scored the case off the list.
Thursday, 8th September.
IN BANKRUPTCY.
BEFORE HIS HONOUR SIR HENRY S. BERKELEY (CHIEF JUSTICE).
DISPUTE ABOÚT A LEASE. Jud ment was given in the case of Li Sheang. ex parte the debtor, as between Leung King Chuen and Luk Shan Ip and the trustee in bankruptcy of Li Sheang. Mr. M. W1 Slade. barrister (instructed by Mr. H. K. Holmes, solicitor), appeared for Leung King Chuon and Luk Shan Ip; and Mr. H. E. Pollock, K.C.. harrister (instructed by Mr. C. E. Beavis, solicitor. of Messrs. Wilkinsou and (rist). for the trustee.
The questions to be decided were—(s), whether the document registered in the Land Office by Memorial No. 27.346 on 29th March, 1900, constituted a valid lease or agreement for a lease for 30 years to the Wing Fung Tại shop at 872.50 a month, and (b), what is the interest of Leung King Chuen and Luk Shan Ip at the present time in the house 19, Jervois Street, on Marine Lot No. 6 A. These questions had been ordered to be tried by Sir William
Goodman.
His Lordship said-I will deliver_judgment on that issue which was argued before me at the last Bankruptcy Court. I have put my reasons in writing, not, however, that I had any difficulty after the very clear arguments addressed to me by the Bar. It seems to me that after these arguments there, is only one conclusion that can properly be arrived at. In my opinion the question raised on this issue is res judicata as between the bankrupt debtor. Li Sheung, and the Wing Fang Tai, and is incapable of being reopened in any proceedings
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