202
IN SUMMARY JURISDICTION,
2
BEFORE Mr, A. G. WISE (PUIBNE JUDGE).
Wong Tat-hin sued Lam Tat for $493 45, being money advanced by plaintiff to defendant while the latter was in his employ. Mr. Otto Kong Sing appeared for the plaintiff and Mr. *F. X. D'Almada e Castro for the defendant.
The plaintiff having produced his books in support of his claim, Mr. d'Almada e Castro called in question the manner in which they were kept, and stated that the books appeared to have been prepared for this case.
His Honour, in giving judgment for defend. ant with costs, said plaintiff had said enough to qualify himself for gaol.
(CHIEF
IN APPELLate JurisdICTION.
BEFORE SIB FRANCIS FIGGOTT
JUSTICE) and Mr. A. G, WISE (PUISNE JUDGE).
CHAN IP SHI v. THE WING KEE FIRM,
An appeal arising out of the action Chan Ip Shi, the Wing Kee firm was commenged. The original sotion was a claim by Chan Ip Shi for $8,640 money lent to defendant. Judgment was given for plaintiff and sub- sequently it was held that Lau Sin Chuen was a partner in the defendant firm. The present appeal was from the latter decision, the Court being asked to determine whether Lan Sin Chuen was a partner in the Wing Kee firm at the time that cause for actio
arose, and whether as such he was liable to execution of the judgment.
Mr. M. W. Slade, instructed by Mr. R. A. Harding, appeared for the appellant, and Hon. Mr. H. E. Pollock, K.C., instructed by Mr. C. F. Dixon (of Mr. John Hastings' office), represented the respondent.
Mr. Slade stated that they had brought an action for a declaration as to whether Lau Siu Chuen was a partner in the Wing Kee firm and for an injunction against the plaintiff from the said Lau Sui Chuen as a partner in the defend-
ant firm. He would ask for an adjournment of the appeal pending the decision of the action.
Mr. Pollock-Surely that application should have been made on motion P
The Chief Justice-There must certainly be a motion.
The Paisne Judge-It would be better to postpone this hearing for a week and the appli.
cation could then be made on motion.
Mr. Slade-Will your Lordships grant me leave to move?
The Chief Justice-Well, we must first hear what Mr. Pollock has to say.
Mr. Pollock said he strongly objected to any postponement. The judgment was given on 12th of last month and the other side bad ample time in which to prepare their case. He contended that a stay of execution could only be granted upon payment of the sum in dispute into court.
The Chief Justice asked what the action was, Mr. Pollock replied that it was against the Wing Kee firm for $8,640.
The Chief Justice remarked that the issue in he case went much further than the interests of Mr. Pollock's client, who was only interested to the extent of his debt. The interest of the other side was far wider.
Mr. Pollock-Of course, every plaintiff is interested to the extent of his judgment.
The Chief Justice-The issue is far more important to defendant than to plaintiff. Mr. Pollock-I cannot admit that.
The Chief Justice-It means a declaration as to whether Lau Sui Chnen was not a partner, and that would affect the interest of other people who might take advantage of such a declaration.
:
Mr. Pollock-If the defendants will pay the money and costs into Court then we will be ready to consent to an adjournment.
The Chief Justice-There are two forms. Let us deal with the personal question first. It is only a question of a day or two.
Mr. Pollock I don't see how it would only be for a day or two. My friend and I are both engaged in an arbitration before Mr. Danby. It will last several days, and we cannot possibly get this case on within the next day or two,
THE HONGKONG WEEKLY PRESS AND
The Chief Justice-Then the adjournment would be very long?
Mr. Pollock said that unless a specific declaration were made it would mean that they owuld lose the fruits of their judgment. However, if the other ride would pay the amount and costs into Court there might be an adjonra
ment.
Mr. Slade replied that it was a large sum of money to lie idle. It would cripple the man.
The Chief Justice said Mr. Slade could hardly expect the adjournment he asked for unless he brought the money into Court.
Mr. Pollock, arguing against the adjournment, asked why a creditor who had obtained judgment been tried. His friend had appealed against his should be pushed off until another sotion had
Lordship's decision and they (his clients) had the right to have it heard.
Mr. Slade said his idea was to have the actions.consolidated.
The Chief Justice said Mr. Slade could not get his second motion unless the money were paid into Court.
Mr. Slade wished the adjournment to the next available sitting of the Court.
The Chief Justice afterwards intimated that anless the money were paid into Court on Tuesday the case must be argued on Wednesday
Mr. Pollock said that the amount of the judgment was $8,640, faxed costs $181-45, taxed costs of issue $1,667-57, total $10,4-9.
IN SUMMARY JURISDICTION.
Friday, March 16th.
[March 19, 1906.
Defendant pleaded not guilty, adding that the- mortar was in accordance with the Government requirements.
Mr. Dobbs stated the facts. Briquettes were made from the sample of mortar taken from one house, and when tested there was only an average tensile strain of half a pound.
His Worship-In your opinion it was not good lime mortar that was being used?
Mr. Dobbs-I should say it was decidedly bad.
Defendant said the rain affected the morlar. Mr. Dobbs replied that he took the sample two days after the rain,
A fine of $250 was imposed.
CANTON.
Canton, March 8th.
THE YUET-HAN.
The seven charitable institutions collected on the 3rd $34,487, on the 4th $89,378 and on the 5th 82,473 dollars for railway shares. It i reported that from the 23rd ultimo to datë $380,105 have been collected by these institu.
tions.
The Cantonese merchants in Hanoi have telegraphed to the General Chamber of Com- merce here that they have subscribed for 2a,000 railway shares.
ADMIRAL TRAIN ENTERTAINED.
Yesterday Viceroy Shum entertained the American Admiral at a banquet in his Yamen. Admiral Train was accompanied by Mr. Lay, the U.S. Consul-General,” and officers of the Bainbridge. The interview was very cordial, and the Viceroy exchanged photos with the Admiral. The Viceroy will not return his
BEFORE MR. A. G. WISE (PUISNE JUDGE). call, as Admiral Train insisted that he should
PETTY DEBTS.
E. Osborne, proprietor of the Kowloon Hotel, sued F. E. J. Bishop for $21 odd for refresh- ments supplied. Judgment was given for plaintiff.
John Lemm sued Mrs. V. Marshall for the recovery of $130 for goods supplied. Defendant admitted the debt and judgment was entered for plaintiff.
Mrs. Marshall was also sued by Madame Jay, for $32, judgment being again given for plaintiff.
▲ TIRED COOK.
An Indian engineer employed at the Sugar Refinery was sued by his Indian cook for $23 for wages due and rations supplied. Defendant said he paid plaintiff his wages regularly. On March 5th he asked him to prepare some coffee at night, but plaintiff declined because he was fired. Defendant then dismissed him. His Lordship said plaintiff had failed to prove his case, and judgment was given for defendant with costs.
POLICE COURT.
Friday, March 9th.
BEFORE MR. F. A. HAZELAND (FIRST
POLICE MAGISTRATE).
DEFECTIVE MORTAR, Two summonses at the instance of the Building Authority of the Public Works Department against Chinese contractors for using defective mortar in the construction of
houses were heard.
In the first, Hop Lee, of 56, D'Aguilar Street, was prosecuted by Mr. W. T. Edwards for using defective mortar in the construction of seven houses at Glenealy.
His Wordship---What was the tensile strain ? Mr. Edwards-A sample of mortar was taken on 3rd February. Six briquettes were made. Three were tested in 14 days and three in 28 days. The average was three and a third pounds.
His Worship-What is the minimum ? Mr. Edwards-We have not laid down a
minimum. We have not prosecuted on anything
over 20 lbs.
His Worship-At any rate, anything under 20 lbs. is bad is your opinion.
Mr. Edwards—Yes.
His Worship imposed a fine of $250; In the second instance, Heung Shing, of 37, D'Aguilar Street, was summoned by Mr. W⚫ Dobbs in respect of houses in Humphreys Avenue, Kowloonger unha essa quin reakt
not do so, owing to His Excellency having their stay here the Admiral, Mrs. and Miss only just recovered from his illness. During
Train were the guests of the U.S. Consul. General. The whole party returned to Hongkong this morning by the U.S.S. Barley.
PREPARED OPIUM TAX,
One of the new regulations concerning prepared opium is to the effect that any person who desires to couvert orude opium into the boiled and prepared article must first obtain a license from the farmer. On the 6th inst, a Yin-Tze Lane, requested the opium boiler of wealthy Chinaman named Chung, residing at
the Wang-Hink-Kok shop to go to his private residence to boil several cakes of crude opium. The matter was reported to the farmer, who sent excise officers to Chung's residence with the result that Chung's stock of opium was discovered under a bed and seized. The boiler and his master were arrested and are now
their awaiting
trial at the Nam-Hoi Magistracy.
EXECUTIONS.
Yesterday three prisoners were taken from the Nam-Hoi prison to the Tien-obi Ma-Tan and beheaded. They were notorious pirates who have given much trouble to the authorities and were responsible for maný daring robberies committed of late.
Canton, March 10th.
THE YUET-HAN RAILWAY.
At a meeting held yesterday at the Oi Yenk Tong charitable institution by the gentry and merchants, the decision made on the advice of the Hongkong merchants by the Canton General should be paid in bank-notes was reversed. It Chamber of Commerce that the railway shares is now decided that payment may be made in subsidiary coin at the standard weight of Tls.
99.5 mace fór Tls. 100. Any payment made in bank-notes will be converted into subsidiary coin value and any premium thereon refunded.
family house belonging to Mr. Fang, and which The meeting also decided that the large
the railway office temporarily occupies, shall bo bought.
have been placed with various bankı at 4 per All monies already collected (about $1,000,000) cent. interest per month on fixed deposit. pe
The Cantonese in Honan Province have sant a telegram to Kwong Yan charitable institution here to reserve 10.000 shares for them.
VAL VICEROY BHUM
the Central Government has fory
A. Peking telegram received here states that orial to the Throne advising Tibet should
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