May 20, 1905.]
Mr. Ferrers-The plaintiffs take up a very different position under the two documents. As long as they were on the promissory note our defence was good enough, but when they come under the bill of exchange the position is chauged.
The Chief Justice-Why cannot you put in
a fresh statement of defence?
Mr. Ferrers-We should like to, my lord. The Chief Justice-You can.
Mr. Ferrers-If your Lordship permits this amendment we shall be in a worse position thn before. The evidence from Home was on your file when leave was given to amend.
The Chief Justice-I do not look at the file, but at the pleadings when leave is applied for to amend
Mr. Ferrers-The plaintiffs have waited five months, and now come to ask to be allowed to turn their action upside down from the beginning. They have started pleadings wholly different to what they had five months ago.
The Chief Justice →Their order was that they should have leave to amend by paying the costs occasioned by the amendment. If you like I will alter the language and put in "costs of the
amendment."
CHINA OVERLAND TRADE REPORT.
His Lordship, to prisoners-You do not appear to appreciate the gravity of the offence to which you have pleaded guilty. It is a very serious one. In ca middle of the night you went to a house kept by a widow and her young family, and you ill-used, ill. treated and terrified the woman and her children till one disclosed to you the place where the mother bad secreted her savings. That amount, exceeding the
sum of
on;
8100, you took from the poor woman and decamped, leaving her altogether without any money, and robbing her at the same time of a considerable quantity of clothing and jewellery It would be very well, indeed, that men of your character should be banished, and perhaps your wish in this direction will be met later
but in the meantime you must learn and through you, others given to the course you have followed-that that course cannot be followed with impunity. You, therefore, will be subjected to severe punishment for what you have done. As you have pleaded guilty, that fact will be taken into consideration, showing you are sorry for what you have done. The usual punishment I give is five years' hard labour and twenty-four strokes of the birch. That is severe punishment, no doubt, but there is nothing more serious than breaking into a man's house at the middle of the night and terrifying him by going on in the way you have done on this occasion. The public must be protected from men of your character, and people must feel that they can sleep with safety in their houses at night. Each of you will be sentenced to three years' hard labour, and each will receive 24 strokes of the birch during the first six months of That
your imprisonment.
The Puise Judge, in delivering the decision of the Court, said-It appears that on the 4th June last the plaintiff bank issued a writ claiming $10,000 dus on a promissory note made by the defendants, with interest $123.28 On the 11th August the plaintiffs filed their statement of claim, and on the 16th September the defendants filed their statement of defence. On the 22nd October » reply was pot in by the plaintiffs and subsequently an order to take evidence On commission
issued. Was
commission was returned to the Colony on the 24th March last. On the 21st March an application was made by the plaintiffs to amend their statement of claim by adding as another clause to the action a claim on the An order was bill of exchange for $10,000. made on the 5th April allowing the amendment to be made, and the defendants now brought an appeal against that order in chambers on the grounds that such amendment ought not to have been made. The two grounds before us are undue delay in their application to amend, and that the defendant's case is prejudiced by On both an order allowing the amendment.
There was no undue grounds they have failed. delay, but a mere lapse of time, and the defen- dants are in no way prejudic d in the conduct of their action by this new course of action being added. It seems to me that the amend. ment has only been put in a terser form than the clause contained in the statement of plead- It is well known ings of the 22nd October.
that amendments in pleadings have been allowed so long as anything remains to be done in the action or on the judgment, and the Court is of opinion that this appeal be dismissed with costs.
Thursday, 18th May.
IN CRIMINAL JURIS ICTION.
BEFORE SIR H. S. BERKELEY (CHIEF JUSTICE).
HOUSEBREAKING.
Kok Ching, Tseung Sbui and Lo Man Fu were charged with that they did on the 19th day of March at Lantao Island in this colony together feloniously make assault and put Hok Kap Sin and Ho Kum Tai in bodily fear and
and danger of their lives
steal from them a sum of money amounting to $102, two silver bangl s aud certain clothing.
Mr. E. H. Sharp, R.C., Attorney General, instructed by Mr. G. E. Morrell, of the Crown Solicitor's Office, appeared to prosecute on behalf of the Crown.
Prisoners pleaded guilty, and Lordship to deal leniently with them.
sked His
His Lordship (to the Interpreter)-As: them what they have to say as to why I sh..uld deal leniently with them.
The first prisoner asked to be deported, as he did not like to go to gaol to stay.
The second prisoner crave a simil r boon. The third prisoner begged His Lordship to allow him to go at large in order that he might go home and look after his family and obtain honest employment to support his wife
that
The case against a houseboy for the alleged throwing of vitriol on a Chinese girl at Ken- nedy town was withdrawn through lack of
evidence.
од
COMPANIES.
WM. POWELL, LIMITED.
|
1
Mr. G. H. POTTS seconded.
mously.
317
Carried anani-
The CHAIRMAN-That is all the business before the meeting, gentlemen. There will be: a confirmatory meeting of which dus notice will be given in order to confirm these resolu- tions. If there are any questions you would like to ask on this subject, I shall be pleased to
answer them.
Mr. BAIN-The shareholders, I presume, are all in the Colony. Will there be any difficulty in getting the money, and getting it up to date? The CHAIRMAN-No, we do not anticipate any difficulty. Those who are away we have already written to, asking them to arrange with their baners if they wish to take new shares. That concludes the business, gentlemen.
A. S. WATSON AND CÓ,, LD,
The report of the general managers, for the year ending 31st December, 1904, for presenta- tion to the shareholders at the twentieth annual ordinary general meeting of the Company, on May 27th, is as follows:-
Gentlemen,-We beg to lay before you a statement of the Company's business with a balance sheet for the year ending the 31st December, 1904
The net profits of the Company for the twelve months under review, after paying all charges, including the salary of the General Managers, and providing for all bad and doubtful debts, $119,172.26
amount to
To which has to be added the balance brought forward from the previous
year
+
General managers' com- From this there has to be deducted—
mission of 5 per cent. on. the net profits for the year as per Article 80 of the Company's Articles of /ssociation Remuneration of the Con- sulting committee as per Article 92
There were present at the extraordinary general meeting of this Company held at the premises of the Company. Alexandra Buildings,
the 18th May, Messrs. (Chairman), E. A. Williams (Secretary), G. Murray Bain, J. W. C. Bonnar, G. C. Moxon G. H. Potts, A. G. Stokes, H. E. Eyre, W. H. Gaskell, T. Arnold, Ho Fook and Lo Cheung Shin.
W. H. Gaskell | Leaving
The CHAIRMAN, after the notice convening the meeting had been read by the Secretary said :-We have convened this meeting for the purpose of obtaining your sanction of a small increase of capital. We find this step neces- sary on account of the continued increase of business, and the consequent heavy stook of goods we must necessarily carry to meet same. The present financial position of the company is very satisfactory, our takings for the ten months to the 30th April last showing an increase of 23 per cent. compared with those of the corresponding period of last year. In regard to the increase of capital, I would like to say it is the intention of the directors to make increases from time to time as the growth of business may warrant. We think it essential to maintain a steady dividend on a moderate capital, and to add annually to the equalisation of dividend fund." these few remarks I beg to propose the follow- ing resolutions - 1.-That the Capital of the Company be
With
increased from $120,000.00 to $150,000.00 by the creation of 3,000 New Shares of $10 each.
Mr. BAIN seconded the proposition, which was carried. 2.-That such New Shares be offered to those persons who are registered as Shareholders of the Company on the First day of July, 1905, in the proportion of One New Share for every complete Four Shares held by them on the First day of July, 1905.
•
The proposition was seconded by Mr. T. ARNOLD, and carried, 3.-That the amount due for the New Shares be
called up on the Fourth of August, 19.15, and that the New Shares rank for Dividend, with the original Shares, from 1st July, 1905.
available
appropriation...
$5,958.61
2,883.13
$122,055.89
2,500 00
8,458.61
for
...8118,596.78
vidend on the old capital We paid an interim di- of 5 per cent. in Novem- ber last absorbing We now propose to pay a further dividend on the old capital of 5 per cent. (making 10 per cent. for will the year) which absorb
And to pay a dividend at
the rate of 10 per cent. per annum on the new capital f. r the three months ending 31st December, 1904 (equal to 25 cents per sbare) which will absorb
To place 10 permanent
reserve fund To write off furniture, fittings, utensils of trade, aersted water plant, machinery, and building improvements To carry forward to 1905
account ...
$30,000.00
30,000.00
7,500.00
21,000.00
20,000.00
6,090.78
CONSULTING COMMITTEE.
$113,596.78
The existing consulting committee consists of Hon. Sir C. P. Chater, C.M.G., Mesers, C. Ewens, E. Osborne and H. P. White. The appointment of Mr. C. Ewens requires your
confirmation.
AUDITORS.
The Company's accounts at the Head Office have been audited by Mr. Francis Maitland and Mr. W. Hutton Putts, who offer them- selves for re-election.
JOHN D HUMPHREYS & SON, General Managers.