July 20, 1908)
"His Lordship—Yes, there are all sorts discrepancies.
of
Mr. Bratton-I ask the Court to assume that the proper stuft was aboard, and even if it does not, I rely on oases to show that they were liable.
His Lordship-Give me the figures again. Mr. Brutton-27,968 by the tally books, and yet the accounts show 241,446.
Mr. Jackson-You cannot get that do- onment, even if it was in existence, 47,000 you ask about is in the list.
That
Mr. Bratton-I say not. I will read the lot (reads).
His Lordship Is it any use my going on! Mr. Brution-No, my Lord. I ask that this list be produced to-morrow.
His Lordship-You are entitled to have anything prodused that was disclosed. There is no difficulty about that.
Mr. Jackson—I will produce my interpreter to-morrow.
His Lordship-Is it wrong? Mr. Jackson-No, it is only a question. We will show that it is correct.
Mr. Brutton-That is all I want. He must produce that document to-morrow. The hearing was adjourned.
Wednesday, July 15th.
IN SUMMARY JURISDICTION, BEFORE ME. H. H. J. GỌMPEETZ (ACTING PUISNE JUDGE).
DISPUTE ABOUT GRANITE, Action was brought by Sang Lee to recover from Li Ping the sum of $500 for damages for the conversion by defendant of a quantity of broken granite, the property of plaintiffs, which was stored on Crown land at Hongkong and wrongfully removed by defendant without the consent of the plaintiffs on 7th and 8th Novem. ber, and used by defendant in making roads at Hunghom,
Mr. F. B. L. Bowley (of Messrs. Dennys and Bowley) represented the plaintiffs, and Mr. E. J: Grist of Messrs. Wilkinson and Grist) sppeared for the defendant.
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CHINA OVERLAND TRADE BEFORT.
Absolutely.
the work. I will show your Lordship not only | where he obtained the amount of stone required to do the work, but more than the amount.
His Lordship-This is a sort of counterblast ? Mr. Grist-Yes,
my Lord. Entirely.
this transaction took place on the 7th and 8th Mr. Bowley-Your Lordship will notion that
took place in January and February of this year. November, 1807, whereas the other transaction Mr. Grist-It will be a matter of argument. this was a trumped-up case and so on, but I Mr. Bowley-I expected my friend to say have the account book to show your Lordship. (a foreman) ?
His Lordship-Are you calling So Tsun Kee
this life, and the other has departed the Colony. Mr. Bowley-One of the foremen has departed Mr. Grist said the defence was a total denial having taken any granite from any property of any liability. The defendant denied ever belonging to the plaintiff.
belonging to the plaintiff.
Mr. Bowley Crown land is not property
case W28
granite from the property of Sadg Lee. The Mr. Grist denied ever having taken any whole
Case was entirely tramped up in answer to the case which the plaintiff brought against the defendant a week or
so ago, and his Lordship would notice that exactly the same sum was claimed, vis: $500. The defendant in this time of the alleged cause of action, Government at the contractor, and he carried out the work which was ordered. Mr. Grist would show to his Lordship where the defendant obtained the whole of the granite that was requisite for During the time that evidence was taken Mr. doing the work, and in fast, a little more. Grist would call his Lordship's particular atten- tion to the fact that nothing was said of this claim whatsoever until after the defendant com.
menced su action.
Evidence was then called for the defence, and in the course of the examination of defendant Mr. Grist wished to put in his books which had not been translated.
Mr. Bowley-My friend ought to come into court prepared to prove his case,
Mr. Grist-I am not here to prove any case.
trumped up.
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of trespass by soinure of the plaintiff's premises, then there is no jurisdiction in the Court.
His Lordship-J. anticipated that point, and was looking through the evidence. The answer sonolusive in so far as that question is concerned. Bat the evidence is that the affected the chattels as well, and the seizure trespass, using the word in a technical souse, included an inventory of chattels,
What is com«
be merely consequential sots.
Mr. Pollock-As regards thut, those would
the Chinese Authorities under warrant. - I plained of is the seizure of the property by submit to your Lordship that an action for trespass does not lie at all. There is no the warrant itself. allegation in the statement of claim impesching
Mr. Slade-It is said to be illegal, that in all.
claim to say that the warrant was illegal,
Mr. Pollock-With all deference to my friend, there is not one single word in the statement of
proceedings.
Mr. Slade Together with the rest of the
defendants acted illegally in setting the Chinese Mr. Pollock-What is complained of in paragraph 7 of the statement of olsim is that the Authorities in motion. There is no more evid· ence before the Court by way of procurement Consul General than the letter to the Consul of the warrant by defendants, through the of February 21st, 1907. And plaintiffs would that the officer of the Pan Yu magistrate went be hopelessly out of Court if it were assumed with a piece of waste paper and closed the shop. defendants were relying on a foreign jadgment Mr. Slade in reply argued that if the
copy of it. Until that was done they had put or process they must prove it in the correct way. by the production of the record or a certified
for the plaintiffs to do. up no defence, and there was nothing further
The hearing was again adjourned.
FIRE ON THE GERMAN MAIL.
66
Fire broke out on the Imperial German mail Singapore on the present run. steamer Scharnhorst when she was nearing It is believed that the outbreak was due to spontaneous.
Mr. Bowley said the claim was for a certain I am here to prove that the matter is entirely / combustion in the larder where the provisions quantity of broken granite such as was used for macadamising roads. The granite was taken by defendant without permission, and used for macadamising reads for the Government.
His Lordship-Was the defendanthen con- tractor for the Kowloon roadą ? Æ
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Mr. Bowley-My friend is absolutely misre presenting the case.
There is nothing trumped up about it. There are full particulars on the writ giving date, and place and quantities, and if the defendants are going to put in particulare they should have been in a week ago, I object to the books going in.
appear
Mr. Grist He swears certain figures in his books, and here are the books. translated.
Mr. Bowley-Well, those books ought to be
Further evidence was heard, and the case adjourned.
Thursday, July 16th.
IN ORIGINAL JURISDICTION.
BEFORE THE CHIEF JUSTICE
(SIE FRANCIS PIGGOTT).
were kept. At any rate the fames had got a good hold before the fire was noticed water it was soon extinguished. The mail bags bat with good lengths of hose and plenty of were saturated with water. In Singapore the dealing with the correspondence, especially" the postal officials experienced some difficulty in papers. The mails for the other places were The damage by fire was not
dried in the sun great.
THE HONGKONG MAIL.
Was
From Singapore reports it appeared that the Hongkong mail had been seriously damaged, but such is, fortunately, not the case. From inquiries made at the Post Office yesterday. Mr. E. Cornewall Lewis, the Assistant Postmaster- General, informed our representative that the damage done to the Hongkong mail trifling. He was present during the sorting, and there was not one complaint about an indecipherable address. It appeared that the mails for Singapore and the Penang maile for Hongkong, received the most damage; they being on top of all the other bags, and consequently water which were poured over the vessel to in a position to be deluged with the streams of
combat the fire.
Mr. Bowley Yes, my Lord. Proceeding, he said that in 1908 the plaintiffs held a contract for repairing the Kowloon roads. "At that time Mr. Tooker was the executive engineer in charge of roads, and in the latter part of 1906 be told Sang Lee that the Government intended to macadamise the Kowloon City road between Hunghom and the Cement Works and some distance long that road. When Mr. Tooker told Sang Lee that this road was to be macada- mised they began to collect material for the work. They collected a certain quantity of broken granite, and with the permission of Mr. Tooker stored it on two pieces of Crown land. For some reason or other the work was not carried out until 1908. In 1907 a contract for roads was let to the defendant, Li Ping, and during | THE ACTION FOR ALLEGED WRONGFUL BEIZURE. that year until November, the piles of broken gránite remained intact. Towards the end of
The case of Leung Lai Nam and others October 1907 Mr. Tooker issued an order for
v. Renter, Brookelmann and Co. progressed the repair of the road from Gun Club Hill along
another stage yesterday when Hon. Mr. H. E. Pollock, K.C., argued on the point of on as of the ses front to Hunghom Market. That work proof with regard to justification of the act of
According to Mr. Martin, superintendent was carried out by Li Ping and completed
of the trespass. some time in November. On the 7th of that
registration and parcels branch, Counsel remarked that one would imagine made, the only real damage was to the parcel who Was present when inquiries were month the broken stone ran short, and work was the claim Was опе temporarily stopped.
of traspass pure and It appeared that on succeeding days Li Ping's men removed a
simple, whereas it doubtful whether post, and even the owners of articles in this there was any claim as to trespass at all.
could be found by the register. But a few of quantity of this broken stone belonging to Sang Lee and used it on the road without for damages for false representation, and also a
Apart from that there was a claim inter alia these, such as cheeses and silks, would be spoiled. Many letters and parcels were put out permission. The partner of Sang Lee noticed that the stone had been removed, and on speak-
claim for a declaration_that_what defendantsed, and when these were collected later the names in yesterday's sun to dry when our reporter call- ing to Li Ping's foreman learned that the
did was done maliciously. Counsel submitted workmen had been ordered by Li Ping to take
that if bis Lordship were to hold that the claim
of the addressees were visible in every instance. the stone and use it on the road. The actual in regard to which the Court had no juris
was a claim for trespass, it would be a matter value of the stone removed was $129.54, and for | this amount Mr. Bowley asked for judgment.
His Lordship asked Mr. Grist if he was going to consent to judgment.
Mr. Grist My offent denies absolutely every word that has fallen from my friend except that he was contractor, and that he carried out
diction.
was
Mr. Slide-That is a point already argued. His Lordship-I expected that point.
Mr. Pollock-I am not going to worry your Lordship by going through the case. I simply say that if my friend is right in saying that this should be regarded as a case
named Everett and a forestry inspector named. The remains of two Ameriosas, a tescher
Wakeley, together with those of their native companions, have been found in the mountains of Pomari, Negros, Philippine Islands. It is understood from the brief telegrams.received in Manila, that their death was brought about by to be poisoned. one of the tribal chiefs who caused their food