:8
and the Court which has upheld the exercise of a direction as to awarding costs by the judge in the Court below. The fact that in the further exercise of his discretion leave was given to appeal to the Full Court, does not, as it seems to us, alter the nature. Apart from this, we think, the current of authority is against an appeal being allowed on questions of costs, even though the case could be put so high as that the Court or judge had no jurisdiction to depart from the ordinary rule that a successful litigant is entitled to his costs from the losing party. There is no cass on all fours with the present: But the questions involved seem to fall within the general principle enunoisted in the case cited This refusal of leave to appeal really, however, -works on hardship on the plaintiff, for as was hinted, he may petition the King-in-Council for special leave to appeal. Should be do so, and it is refused on the grounds which induce us to refuse it, he will not be in so bad a predicament as he would be if we gave him leave should judgment go against him on the hearing: Should he succeed, his rights will be fully protected by the order made by the Judicial committee. Leave refused with costs.
IN SUMMARY JURISDICTION.
BEFORE MR. A. G. WISE (POISNE JUDGE)
SUIT FOR SLANDER.
An action was brought by Lam Sik-ying, of 8 Circular Pathway, against Chan Hang-tong, boarding house keeper of 84, Connaught Road, to recover the sum of $1,000 for slander,
Mr. G. K. Hall Brutton (of Messrs. Brutton and Hett) appeared for plaintiff, and Mr. E. J. Grist (of Messrs. Wilkinson and Grist), for the defendant.
Mr. Brutton stated that the slander consisted of the following words, which were spoken in in the presence of the plaintiff's wife and two concubines by the defendant-Lam Sik-ying has stolen from me $300. It appeared that on July 17th, defendant went to the house of the plaintiff and asked if he was in. He was told that the master was not at home and then be told the women that the plaintiff had stolen $300 from him, and he was going to have him arrested. Later in the evening a European and Chinese constable went to plaintiff's house and searched, but found nothing,
When his three wives had given evidence regarding the visit of defendant to their house, Lam Sik-ying was called, and denied having stolen the money.
|
In cross-examination he admitted calling at defendant's house, but he did not enter his private room. He merely locked in the`doer,
Mr. Grist-You've been in this Court before, haven't you?--I have been here,
During 1906 you had distraint in your house three times?-Yes, but I paid up in full. And in 1905 you had execution issued against you three times -Yee.
Do you remember when in 196 your own riosha coolie summoned you for his wages?........... Yes, I made a mistake that time.
On the morning of the trial of that case you charged him at the Police Court and had him arrested ?--Yes,
And you remember the case against you was struck out by reason of his not being able to appear?—I always put down business matters in my memo book. Without that I cannot tall.
His Lordship-I restored the case afterwards. Mr. Grist-Yes. (To plaintiff)-Didn't the coolie subsequently recover judgment against you?-I don't want to say what is exactly and precisely the case, as I don't remember. Then have you forgotten that you took this money?-Such a matter as that I would
remember.
Are you quite sure you have not forgotten whether you went into that room ?-I remember.
THE HONGKONG WEEKLY PRESS AND
the room, and after he left, defendant examined his coat and found that the money had been stolen.
Mr. Brutton-You were rather exited over the loss of this $300?—No.
Is it an every day occurrence for you to lose 8300 ?-No.
Is it an every day occurrence to support your friends ? No, but he was the only person iu the
room.
His Lordship-I think the probabilities are in favour of the plaintiff, and I must try to obliterate from my mind my long and varied experiences of him. In claiming $1,0 0 damages the plaintiff has gone a bit too far. There will be judgment for $100 and costs.
Chan Hang-tong was called by Mr. Grist. He stated that on the evening when the plain- stiff called on him he was at dinner and told Lam to go into his sitting room and wait till be had finished his meal, His coat was hanging ou cost
&
in this peg and there were $300 in the pocket. The plaintiff was the only man who had been in
THE SHANGHAI DOCK AND
ENGINEERING CO., LD.
The report of the Board of Directors for pre- sentation at the First Annual General Meeting held on July 30th was as follows:-
The Directors submit herewith their report with statement of accounts made up to April
30th last.
The net profits, after paying all charges and allowing for all known liabilities, amount to Tlx. 176,059 95.
With this amount the Directors propose to deal as follows:
A dividend of Tls. 3 per share
absorbing.
.Tls, 165,600.00 Amount to be carried to New
Accoun t...
Tls. 10,459.95
Tls. 176,059.95
The following changes on the Board of Di rectors have been made viz:-
On May 15th, 19.6-Mr. Hy. Keswick ap- pointed vice Mr. W. J. Gresson, on his depar ture for Hongkong; Mr. C. Michelau and Mr. A. M. Marshall appointed vice Mr. A. Korff and Mr. Jas. Johnston on leaving for Home.
On July 5th, 1906-Sir Chas. A. Dudgeon resigned his seat on his departure from Shang hai and
On January 9th, 1907-Mr. Jas. Johnston was invited to rejoin the Board in place of Sir Chas. A. Dudgeon.
On April 5th, 1907-Mr. Hy. Keswick re- signed, in view of his early departure from Shanghai, and Messrs. H. von Rüker and 2. Groundwater resigned theirseats on June 30th, and severed their connexion with the Company.
Mr. David Landale was invited to join the Board on the 13th instant in place of Mr. Hy. Keswick on his departure to Hongkong.
The accounts have been audited by Messrs. but being eligible, offer themselves for re- J. E. Bingham and F. N. Matthews, who retire,
election.
PROFIT AND Loss AccoUNT.
Dr.
April 30, 1907.
To loss on sale of buildings on part of
leased premises adjoining
"Old Dock" and on machinery and gear by sale and removal
Tis
Cr.
Tls.
144 Shares at Tls. 100 duo
members of the late 8. C. Farnham, Boyd & Co., Ld. to be issued on application
55,200 shires
(August 3, 1907.
14,400.00
6,520,000,00
Reserve Fund. (Taken over from the
late 8. C. Farnham, Boyd & Co., Ld.) 1,000,000,00 Unpaid Dividends. (Taken over from the late S. C. Farnham, Boyd & Co., Ld.)
Sundry Creditors. Local Tls.
Bille, etc., Bills Payable
Employees' deposit accounts
John Riach's estate, deposit
account....
37,109.56 17,147.55 3,623.40
19,804.88
and
8,275.00
Directors', auditors'
Hongkong agency fees...
Profit and loss account. Balance at
at credit of this account
April 30, 1907. Property account.
Land:
Tla....
ASSETS.
m b.l.h.
"Old" Dock, as per Title Deeds 20 2 8 9
Cosmopolitan " Dock, as per
C+
15
Title Deeds International Dock, as per
Title Deeds
162 2 4 1
**Tunkadoo
Deeds
5,700.00
88,055.39
176,059.95
6,787,815.84
Tls.
127 67 3 Dock, as per Title
35 6 9 5 "New" Dock, as per Title Deeds 48 6 4 3 Pootung Engine Works, as per
54 3 1 8
448 8 5 9
Tis. 1,729,419.03
Title Deeds
Total
Value
Docks, Bundings, Wharves and Walls :
"Old" Dook
"osmopolitan" Dock
"International " Dock
"Tunkadoo" Dock........................ "New" Dock Pootung Engine Works.. Harbour moorings
Buildings:
At all establishments
Machinery an 1 plant : At all establishments.
Tools, patterns and gear: At all establishments...
Steamers, launches and vessels Pontoons, steam-dredgers, piledrivers, etc.
Farniture:
Office and drawing office furniture, draw- ing materials and appliances, plans,
etc.
Stock account.
Value of materials on hand
Sundry debtors. Accounts in course of collection, etc. (including Tls. 12,003.45 secured by a promissory note dated 7/9/1905) Value of completed portion of unfinished work on hand, less instalments re- ceived on account..
Investments and deposits shares.
North.China Insurance Co., Ld. shares.
22 Hall and Holtz Ld. shares.
11 Yangtaze Insurance Association Ld.
1,239,906.27
23,355.72
167,311.85
1,125,916.91
108,681.28
189,500.00
73,122.92
19,554.00
1,122,978.84
981,228.65
1 Hongkong Fire Insurance Co., Ld. shares.
10 Canton Insurance Office Ld. shares.
87,059.00
128 Shanghai Mutual Telegraph Co., Ld, shares.
5 Shanghai Ice C. S. & R. Co., Ld. shares.
5 Kochien Transportation & Tow Boat Co., Ld. shares.
3 Taku Tug and Lighter Co., Ld. Deb. Tla 17,416.24
shares.
Note:-
There is a small contingent
liability for uncalled capi- tal on certain of above in- vestments.
Mortgage on China Inland
Water Works (7 per cent.) 122,759.94
27,440.00
Depreciation on buildings on romain.
der of leased premises.
1,850,00
Bad debts, written off
6,008.48
+1
Preliminary expenses
2,075.57
Hongkong and
Shanghai
$1
Directors, auditors' and Hongkong
Banking
Corporation,
agency fees.....
8,000.00
fixed deposits
200,000.00
Balance
}]
176,059,95
Telegram deposit
175.00
221,833.95
340,351.18
Cash.
Tla. 209,828.86
In hand
108.48
On current account with Hong-
521.59
kong and Shanghai Bank- ing Corporation
28,221.21
28,329.69
Tis. 6,787,815.34
Directore.
April 30, 1907.
By Transfer from working account
11
Transfer fees collected during year... Interest received and estimated accrued on investments, deposits and current account with bank, less interest
aash deposits with company
Tis...
11,483.50
221,833.95
Shanghai, July 12, 1907.
BALANCE SHEET. LIABILITIES.
Tls.
April 30, 1907. Capital Account. Registered Capital--55,700
shares at Tls. 100-5,570,000.00 Subscribed Capital-55,056 shares issued, at Tls. 100 fully paid up
...5,505,600.00
JOAN PRENTICE, A. M. MARSHALL, JAMES JOHNSTON,
JAS. H. OSBORNE, Secretary.
His Excellency the Officer Administering the Government has given his sssent, in the name and on behalf of His Majesty the King, to Ordinance No. 11 of 1957 :—An Ordinance relating to Life Insurance Companies.