March 14, 1906.]
diots and uprisings, of pillage and masstore, and which is now showing a recrudescence of the never-dying hostility to foreign domination and privilege; how long would it be before he found his Jack Cade or Wat Tyler to lead him to redress his wrongs? The Chinese peasant is beginning to fight shy of the new coin, but he may not fully realise that to it chiefly his distress is due; none the less when the pinch of poverty comes to add weight to the numerous other grievances which he feels, he has never been backward in suggesting, by the gentle methods of riot, brigandage or rebellion, that be expects some redress. The authorities will then find that, in issuing a depreciated coinage without making due provision for the future, they have sown the wind and must expect to reap the whirlwind.
AN INTERESTING HONGKONG BANKING CASE.
Judgment has been given in the action Edwin H. Lamme v. The International Banking Corporation and the American Commercial Co, which has been tried at Shanghai by the Hon. James L. Rogers, U.S. Cousul-General, sitting as Judge. We have already given the substance of the case. The judgment delivered by his Honour reads as follows :-
CHINA OVERLAND TRADE REPORT. the American Commercial Company had a good standing, and had there been no consideration of it is perhaps safe to assume that no such facts involved by the knowledge to the contrary opposition on the part of the bank would have authority of the law there arisen. But nader all the circumstances and by justfication in assuming such an attitude, even was certainly in opposition to the judgment of a Court. This judgment, however, having been obtained upon as full a statement of facts as could be presented under the peculiar conditions existing, was neverthelesss not related in the first instance to the question which confronted the offices of the bank, and the order in satisfaction of judgment directly connecting the certificate of deposit might with propriety be attacked on the ground that the bank had no opportunity to appear or be heard.
The petition is therefore dismissed withou! prejudice to any action which may be brought under a receivership. Each party will pay its own costs made in this case,
As a matter of law well sustained by the highest authorities, and as a moral duty, it appears to me that the contention of the non- negotiability of the certifloute of deposit and the lack of authority to assign should be sustained. The laws of the United States of America provide a remedy for such a condition as that involved and in my opinion they should be invoked by an application for the appointment of a receiver for the American Commercial Company, since it is manifestly improbable, if The statement of facts in this action is that not impossible, to the plaintiff, Edwin H. Lamme, an attorney-at-authority as could or should be ace-pted now by secure such corporate law, practicing in Shanghai, renderet legal the bank in the discharge of its obligation. services to the American Commercial Company a corporation organized under the laws of the District of Columbia, United States of America, and doing busiuess in various Asiatic cities but more particularly in Canton; that in the spring of the year 1905 litigation aga nst said Company was instituted and its business suspended by order of the American Consular authorities at Canton; that of its fficers, managers and employees there only remained in Chiua, so far as is known, Edward Edwards, Vice-President, & Director and General Man- ager, as appears of record; that the said Edwards, on July 27, 1905, in the Court of the American Consulate General, Shanghai, cos. fessed judgment for the American Commercial Company in behalf of the said Lamme on a suit for $2,150 Mexican, representing a bill for legal service that before said judg ent was entered full evidence was taken to establish the
authority of Edwards to so act on behalf of the American Commercial Company; that it appeared that the associates of Edwards in the corporation had left China and their whereabouts were au-nown; that following the judgment given in Shanghai, Lamme accepted from Edwards as satisfaction of his judgment a certain certificate of deposit, in favour of the American Commercial Company, in the sum of $2,000 Mexican issued by the Hongkong branch of the International Banking Co poration, the said certificate of deposi: being due and payable on and after November 26th, 1905; that upon presentation of the certificate endorsed by the American Commercial Company, per Edward Edwards, Manager, and by Lamme as owner under title of assignment in satisfaction of judgment, payment was refused on the ground that the certificate of deposit was not negotiable and that sufficient evidence was not produced to satisfy the bank that I dwards had the authority to act for the American Commercial Company that thereupon Lamme brought suit against the International Banking Corporation and the American Commercial Company, service on the defendants being obtained in Shanghai.
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It has leen contended by the defendant, the International Banking Corpo alion, that there is a lack of jurisdiction iu smuch as the contract represented by the certificate of deposit was made in the city of Hongkong where English law should govern, and that as the certificate of deposit is plainly marked and
was thoroughly understood to be non-negotiabl it could not be assigned and title to it could not pass, the same being vested in the American Commercial Company, which corporation should spply for it in a manner and form satisfactory | to the bank.
It app ars to the Court that the only pressing material issue in this question is that involving the propriety and legality of the bank's con- tention as to the non-negotiability of the certificate of deposit and the refusal to recognise the authority of Edwards to transfer title. Had
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His Honour said that Mr. L mme was at liberty to apply for the appointment of a receiver for the company.
would be void. He would like to withdraw the Mr. Lamme said that such an apprintment certificate from the Court as he intended to commence n new sait in the United States District Court of California.
HONGKONG,
Mr. E. Jones, first boarding officer, has been appointed as istant harbour master during the absence on leave of Mr. B. H. Taylor.
The Colonial Government has received a
telegram to the effect that. Shanghai ha declared Hongkong to be infected with plague.
We are informed by the Oxford Local Com- mittee that 102 candidates (6 being girls) have entered for the Oxford Local Exams. next July.
His Excellency the Governor has been pleased to appoint Lieutenant William Arthur Crake to be Captain in the Hongkong Volunteer Corps. Engineer Company, with effect from the 16th instant.
We notice in the Times of January 27th, received by Suuday's mail, that Mr. G. A. Woodcock, of the Hongkong Civil Service, wa called to the bar at Gay's Inn on January 26th. Mr. Woodcock's name appears second in the list. A Ceylon paper says:-"The big Hongkong loan, chiefly for railway oxpenditure on the maiuland, has gone through, at 99, the rate of interest being 3 per cent. Ceylon will split its loan in two, aud will keep to its 3 per cent., and we trust will get the money at 95,"
It is notified in the current Gazette that HE. the Governor has been pleased to re- appoint Messrs. Fung Wa-chua and Lau Chu- pak to be members of the Sanitary Board for a further period of three years from the 6th instant.
The return showing the number of cases of communicable diseases which have been notified as occurring in the Colony during the work ended 3rd March is as under:-Bubonic plazue, 8 (all Chinese) and 7 deaths, diphtheria, 1 (Filipino): enteric fever, 2 (Europeans); small pox, 11 (3 Europeans and 8 Chinese) and 5 deaths.
Early on the 7th ins. the Fire Brigade, under Chief Inspector Baker, was summoned to 147, Winglock Street, where fire had broken out in the first floor. The flames were quickly extinguished, but not before the roof had been destroyed and the remaining floors damaged, the ground floor suffering most from water. The premises where the fire orginated were occupied as a medicine shop and were insured for $13,0,0,
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Xavier, a clerk, residing at 34, Elgin Road, died An old Portuguese, named Innocencio A· at the Circus on the 3rd March. When the motor bicycle act was in progress he became very excited and was seen to fall back. Several people went to his assistance and fonad that he had expired. Death was attributed to a weak heart.
General to inform United States oitisens We are requested by the American Consul residing in Hongkong that a Register has been opened at that Consulate in accordance with the provisions of the regulations. There is no authority under which registration can be made compulsory, but the obvious advantages
to
persons who may at any time need the
services of a Consular Officer will sug gest themselves,
We are informed that the following notifica tion has been received by the Government from the Government of Madras :-"The Governor in Council is pleased to direct that the regulations under the Venice Sanitary Conven- tion be r-imposed at all the uninfected ports of the Madras Presidency against vessels arriving from Hongkong, intimation having been received of the occurrence of fresh cases of plague at that place."
Half No. 2 H.K.V.A. took place at Tai Hang A rifle match between teams representing the 2nd R. W. Kent Sergeants and the Left
Range on Sunday last and resulted in a win for the Volunteers by 6 points. The aggregates were 657 and 593. The 99 made by Sergt. Terrill for the Volunteers and the 94 by Col-Sergt Thorne, of the Kents, were the best individual scores. It is hoped that a return match will shortly be arranged, when the regimental team of themselves. may be trusted to give a much better account
The current number of the Government Gazette contains the final general statement of account of the Praya Reclamation Works to March 31st, 1906. The contributions received from lot holders amounted to $2,420,823 and tlie Goternment contributions to $478,222. In for the re-construction of Government piers. addition the Government contributed $328,309
Altogether the revenue side of the account shows a total of $3,369,409,23. A balance of
864,608 is to be refunded to lot holders and the Government.
Piggott will be giren, by kind permission of A Chamber Court organised by Lady H E. Sir Matthew Nathan, K.C.M.G, at Government House, in aid of the Japan Famine Fund, on Tuesday afternoon, 27th March, at 4.15 p.m. Tickets, $2.50 each, may be obtained from the following ladies who have kindly volunteered to assist Lady Piggott:-Mrs. Hatton, Lady Berkeley, Mrs. Williams, Mrs. Gershom Stewart, Mrs. Wise, Mrs. Aitkin, Mrs. Post, Mrs. Painter, Mrs. Bolles, Mrs. Mrs. Kruger, Madame Liebert, Mrs. Noma, Fullerton, Mrs. Jordan, Mrs. Le-Joues, Mrs Seth, Mrs. Stedman and Miss Barker. Tickets may also be obtained from Messrs. Kelly and Walsh and the Robinson Piano Company, Limited. Lady Piggott will also be pleased to receive donation to the Fund in addition to the price of tickets.
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Especial interest attached to the departure of the Canadian Pacifio Co. Steamer Empress of Japan on March 7th, inasmuch as H. R. H. Prine Arthur of Connaught will journey by 1er from Yokohama to Vancouver. The four special state rooms on the promenade deck havo been reserved for the accommodation of H. R. H.. and these rooms have been entirely re-decorated for the special comfort of the royal traveller. While two of the rooms remain as sleeping apartments, one has been converted into a luxurious lounge and smoking room, and another into a reading and writing room, being furnished with writing and card tables, comfortable easy chairs, rich pile carpets and silk tapestry hangings, the work having been carried out by the Hongkong and Whampoa Dock Co. and Messrs. Lane, Crawford & Co. under the anpervision of the superintendant, Mr. H. T. Richardson. The many residents and visitors who inspected these cabins were unanimous in their approval of the artistic results achieved by the above-mention:d firma.