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174
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THE HONGKONG WEEKLY PRESS AND
SUPREME COURT.
Monday, 11th March.
[March 18, 1907,
But if you cannot read, how do you know it is not there?—I note it down.
If you did not get the money the lodger might have?—Might have.
Chinese authorities of their responsibility, and warned them that they are directly encouraging serious crime by their conduct. The complaint is not unreasonable. been patent enough in the past, and it seems it is still going on. It looks very much A8 if there 18 some kind of BEFORE Ms. A. G. Wise (Prissa JUDGR). got to be stopped some way or other. Generally
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IN SUMMARY JURISDICTION
QUESTIONED PROCEDURE. R. H. Mahem d on fire separate writs of
Messrs. H. Cruz and
c. proceeded against
and delivered. summons to recover 32,5 dae for goods sold
Mr. P. W. Goldring (of Messrs. Goldring and Barlow) appeared for plaintiffs, a Mr. F. P. Hett (of Messrs. Brutton and Hett) for the defendant.
Mr. Hett took an initial objection to the continuance of the proceedings. He pointed out that on the endorsement of each writ the
claim was the same with the exception of the amount and the date. The total amount due by defendant, if it was due, was $2,500 and Mr. Hett referred his Lordship to section 1e of the Summary Jurisdiction Ordinanc⚫ of 1873, remarking that according to that section it appeared to be quite clear that the action should bare been brought in orizinal jurisdiction,
His Lordship-I thought that at the time, and suggested it on Friday,
Д foolish native hope of making the foreigner's position untenable. The troubl is not lessened by the facility with which the desperadoes of the environs are armed with modern weapons of precision. The Municipal Council has lately proposed to take steps to restrict the sale of these, but if, as oue contemporary says, this will need unanimity between the foreign and native authorities," we cannot expect any im. portant result from their activity. At present Shanghai seems in one respect to resemble some of BRET HARTE's camps; a revolver seeius to be as fashionable or inevitable as a necktic. The Municipal Council cannot, it is quite clear, rely on native co-operation; it may disarm a few rowdy white men but it will find it a hard task to prevent arms reaching the Chinese who want them. The murder of Constable MORROW Comes as another timely reminder of the importance of a firmer grip on the Mixed Court. The leniency of the Native City authorities towards criminale sent from the Settlement is a striking contrast to their methods with offenders outside the Settle- ment. The unanimity that should surely ¦ failed, my client wished to sur,
Mr. Goldrug-As soon as the last contract In this case be first striven for is among the Europeaus all kinds of goods were ordered, distinctly themselves, between the City Fathers and; and separately, and I think your Lordship the officials representing the Powers. We will not be within the latter of the Ordinance have previously noted its absence and our telegraphic references to the outburst of the WINSTON CHURCHILL of the British Consulate there show that they are still failing to pull together as their common and dire necessities require.
POLICEMEN HONOURED.
BY H.E. THE GOVERNOR,
On the compound of the Central Police Station on the 9th March, in the presence of several companies of the force on parade, the Captain-Superintendent of Police, who was accompanied by the D-puty and Assistant Superintendents, presented three members of the force with medals provided by H.E. the Governor.
Mr.
The first officer to receive his medal was Detective-Sergeant Wilden, who, it may be remembered was the officer whose smart work at Macao and in Chinese territory resulted in bringing the Junk Bay pirates to justice. Badeley, in presenting the medal, which is of bronze with the head of H.M. the King on one side and the words for merit ou the other, remarked that it was granted to Detective Wilden by H.E. the Governor for specially ¦ smart defective services. He trusted that this recognition of faithful service would be incentive to other members.
The next recipient
зи
WAS Indian Police Sergeant 656, who, at the time of the Harbour Office stabbing affray when a Chinese attempted
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Mr. Goldring--I have to say that my friend is drawing a skilful red herring across the trail. these ar- a series of separate contracts, distinct and speífi.
His Lordship-Why didn't you se to them as they arose
if you hold that this $2,500 forms only one ciu-e of action I submit that iu a series of action in itself. Contracts are so mad every of contracts like this, everyone forins # cause day in the commercial houses here.
$
His Lordship-Bat such points are not brought before the Court every day.
Mr. Goldring-These goods arrived in the Colony by different ships, and on different dates, therefore each forms a separate contract, His Lordship-I cannot understand why you didn't us on each as it became due.
Mr. Goldring-Promissory uotes were given on delivery of the goods, and
We did not sue until the last note fell due,
His Lordship-I am doubtful about the point at present. I never heard of a case like it before; therefore it must go into Friday's Est, then I will deride.
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MA AGEMENT OF CHINESE "HUIS." Hou Sz suel Ho Yee-nai to recuper $70 dus from the defendant as a member of a men«y loan association of which plaintiff was the head and Mr. R.A. Harding for the defendan'.
Mr. C. D. Thomson appeared for the plaintiff,
His Lordship suppose the question is whether this case will come under the Companies
Act or not?
is head of the Association, but not a member ; Mr. Thomsin-Yes, my Lord. The plaintiff of it.
His Lordship-Then she cannot sue.
Mr. Thomson Yes, because she is responsibl for defaulters and is entitled to a commission on the drawings.
His Lordship-What is the consideration ? Mr. Thomson - That she is responsible for the life of Mr. Botelho, pursued ths would be defaulting wembars. murderer, who jumped into the harbour. The I
Plaintiff was then called and said she started
sergeant, however, did not hesitate; he promptly | a money loan associating on October 13th, 1907, followed and captured the Chinese.
There were twenty members, but she was not
His Lordship
The third man on whom the Captain ¦ one. Superintendent pinned the merit medal was Lukong Sui Hoi. This the Chinese constalle received for long and faithful service, having | who is living with me. served at the Tsimchatsoi Police Station for over 30 years.
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DAM
an you read or write? No Then who made out your book?—A lodger His Lordship It's about time this ¿ui busi ness was stopped, so far as I ci sem.
By Mr. Thom KOB Defendant was ber of the association and owed 870.
His Lordship ci
to the bottom of this! That's her book which the lodger wrote; where's the lodger? -Gone to the country.
how
ILA get
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His Lordship- She has not proved herself to be the head of the o›ncern. These things have
stupid, ignorant wom-n go into them and if the associations pay all right; if not they stop payment. Plaintiff, as head of the associa. tion, has got to prove her ca e.
Mr. Thomson-She says the defendant is in arrear $70.
His Lordship Bat she cannot show it to me. You don't expect I should take her evidence?
Mr. Thomson--No,
but
money lending association cases are not strong ones.
His Lordship-This is about the weakest I
know of.
Mr. Harding-And the plaintiff is a witness for my side.
Under cross-examination plaintiff said she earning a commissi D. started the ass^ciation for the Рагр ise of The book produced by the defendan: was the one isaned by witness, She recognised it by the colour of the paper.
His Lordship-- It is impossible for these sort of they are. women to run these gambling dens; that is all
denied plaintiff's story, stating that plaintiff Mr. Harding then called the defendant who
would not pay money owing to her because ber mother-in-law had absconded.
Hi Lordship Judgment is for the defend- ant and costa. I think these huis do a great deal of harm because they are run by ignorant old wom a who, directly they flad a member does not pay up, sue and thus lose more money.
Tuesday, 12th March,
IN ORIGINAL JURISDICTION.
BEFORE SIR FRANCIS PIGGOTT (CHIEF JUSTICE).
MANY CLAIMANTS. The case was concluded in which the Fat Kee firm and the Hung Sh-ung firm were plaintiffs, and the defendants were Chau Wai-chi and the Official Rec-iver in the bankruptcy of the Kwong Yik Wo and the Yan Ca Marine and Fire Insurance Company Ltd., and Chai Kee
The claimants sought to recover various sums of money lent to the plaintiffs, the proceeds of sale of flour amounting to $35,300 and damages.
The Hon Mr. H. E. Pollock, K.C., instruct- ed by Mr Bowley (of Messrs Dennys and Bowley) #ppeared for Fat Kes and Hang Suang; Sir teary Berkeley, K.C., iustructed by Mr. Holborow, (of Messrs Dencoo, Looker sad Deacon,) acted for the Yaa Ou Company, who it
*a* explained, were plaintiffs as well as claimant in the issue; Mr. M. W. Slade, instructed by Mr. C. D. Wilkinsoo, represented than Wai-chi; aud Mr. Cslthrop appeared for Chai Koo, one of the defendants.
Aftur haring lengthy evidence in the cas his Lordship reserved his decision.
Wedussday, March 13th.
IS ORIGINAL JURISDICTION.
Before Mr. A. G. Wish (Puiank JuDGE).
A DISPUTED AGREEMENT. The long standing oise of Chan Wo and others c Chan Yam to recover $4,258 was
continued
Hon. Mr H E. Pollock, K.C, instructed by appeared for plesatiffs, and Mr CF. Dixon (of Mr. John Hestings' once) Mr. M. W. Slade, instructed by Mr. F. P. l'ett (of Mesaru. Brutton and Hetti repr»s-uted the defendant. Mr. M. W. Słøde briefly reviewed the circum. stances already before the Court. Ia the year
1945, he said, the Wah Hing Loong 6rm brought sa action against the
Wab Tai pex-cation
tirto. recovered judgment and issued
the through
British Consul at Canton and the Chinese authorities. A cross actia
was then instit stød, and while it was
At the Public Works Department last week a lot of Crown land, registered as vai Kung Iuland Lot No. 33, situate at Hang Hau, was offered for sale by public auction. The lot contains 14,000 square feet, and bears an annual Crown rental of $64. Mr. Li Ping was declar- ed the purchaser at $290, being $10 abore do you know she owe $70?-Because she did peading the Wah Hing Loong firm the upset price.
Very well, you cannot read or write :
not pay the contributions.
dimolred. The plaintiffs took over the firm's