July 19, 1909.]
Mr. F. X. d'Almada e Castro (of Messrs. Almada and Smith) appeared for the plaintiff, and Mr. Reader Harris (of Messrs. Wilkinson and Grist) represented the defendant.
Mr. Almada, in outlining the facts, said the plaintiff first made the acquaintance of the defendant when the latter was the owner of a stall in the Central Market. A few days later Mung Sai Wan told plaintiff that he was Li Kam and that he was the registered holder of the stall. Plaintiff did not believe it until defendant showed him his photograph, and then he advanced him $300, for which he received a receipt signed by Li Kam Fong and Mung Sin Wan. Plaintiff had demanded
repayment several times, but had not been repaid. Sometime in the month of June the register, was altered, and another man's name was substituted.
His Lordship (to Mr. Harris)-Where is your client?
Mr. Harris-My client is there (pointing to the body of the Court and beckoning him to stand up). He is nine years old.
CHINA OVERLAND TRADE REPORT.
AN EMIGRATION CASE.
Judgment was delivered in the action brought by Tam Yuen against Tam Hun and Hip 9ing Lung claiming $651, balance of money due on a promissory note
Mr. F. X. d'Almada e Castro (of Messrs. Almada and Smith) represented the plaintiff, and Mr. Davidson (of Messrs. Hasting and Hastings) appeared for the defendant.
A small boy arose and came forward. His Lordship-Infancy is no defence in the invalid contract, unenforceable at law and in Summary Court.
Evidence was then called, and the case for the plaintiff closed.
Mr. Harris presumed that his friend's sugges- tion was that Li Kam Tong, or his client, was a person who had a great affection for fighting actions, and having found that a writ was issued, he went up to the Registrar-General's, said his name was Li Kam Tong, and that he wanted to fight this action.
After hearing the evidence His Lordship entered judgment for the plaintiff against Li Kam Tong, but not against the boy who appeared as defendant.
Friday, July 16th.
IN SUMMARY JURISDICTION.
BEFORE HIS HONOUR MR. H. H. J. (PUISNE JUDGE).
AN ABSENT DEFENDANT, The case was called on in which Mr. P. W.
His Lordship said-I can state the facts of this case very shortly as follows: The plaintiff sues to recover 651, being balance due on a promissory note for $731 which purports to have been given by the defendant in respect of money lent. The plaintiff gave in evidence very circumstantial details of the alleged loan transaction. The defence is, inter alia, that there was no money lent but that the instrument was given to secure the payment of a balance owing in respect of contracts to take two Chinese into the United States of America. It is urged that this was an agreement for the performance of an act which involved the violation of the law of a friendly State, and was therefore an illegal, or at any rate an
respect of which no liability could acrue. may say at once that I do not accept the plain tif's story, and that I do believe that of the de- fendant, at any rate with respect to the alleged consideration. I must then consider the ade- quacy of this defence. The Court has, of course, no judical knowledge of the law of a foreigu country. Bat evidence was given by the gentle- man performing the duties of Consul-General of the United States in this Colony, which sat- isfied me that under the statutes dealing with immigration into the United States of America, Chinese, with the exception of members of cor. tain special classes, are, forbidden to enter the country. Breach of the law is punishable with fine and imprisonment. Now on the evidence I find that the men in respect of whom these agreements were entered into were not members of any excepted class, that they could only enter the United States in breach of the provisions of Immigration Law, and that it was fully un- derstood by all parties to the agreement that this was the case. I am led to this conclusion
by, inter alia, the language of the documents which were put in, and by the very high price,
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agreed to be paid. There is no obligation which the law will recognise, and no consideration to found liability; no consideration therfore for the instrument sued on. I must give judgment for the first defendant with costs.
A TIMELY DISCOVERY.
PIRATES ARRESTED.
The West Point police made a discovery on Saturday which doubtless resulted in the mis- carriage of a projected scheme of piracy and possibly murder in the harbour. Acting on information received, Inspector Robertson despatched a party of police to the house No. 37, Belcher Street, where they arrested seven men, five of whom had knives in their possession. The other two tried to escape. In the house the police came across B complete outfit for carrying out piracy and possibly murder. There were swords, fighting irons, knives, and the collection included a packet of pepper, which pirates, often carry to throw in the eyes of their victims, gags with which to stop their mouths, and wire with which to tie their queues together, while there information given to the police was that the were also chisels with which to open boxes. The
men contemplated an attack on the Taiping junk, a large trading junk which carries passengers and general cargo between Taiping and Hongkong. It was known that the boat- swain carried a revolver, and it had been arranged should go on board first and knock him down that one of the men who knew the boatswain with an iron and take possession of the firearm. However, the project did not materialise, and the seven men were brought before Mr. Hazeland at the Magistracy on July 12 on a charge of being in unlawful possession of arms. Worship imposed the maximum penalty, a fine of $250, or three months' imprisonment.
· CLEVER CAPTURE OF A THIEF.
:
·
His
Goldring claimed from Mr. E. G. Jordan $1,000 | $1,050 a head to be paid for passage money for many articles from her clothes liffes. As the
for rent.
Plaintiff appeared in persou, and defendant was represented by Mr. Davidson (of Messrs. Hastings and Hastings).
Mr. Goldring informed the Court that the defendant had left the Colony.
Mr. Davidson said he did not know that he had.
Mr. Goldring-He has. Everybody knows it. I have waited for months.
My friend cannot have instructions, because the defendant has left the Colony.
Mr. Davidson-My friend told me a few days ago that the defendant had left, but I do not know that he has.
His Lordship-I will fix the case for to-morrow morning (to-day). If the man is found to be in the Colony, I can then fix another day.
Mr. Davidson-I cannot say whether he is here. He was in hospital, but since his discharge it has not been necessary for me to take any instructions from him.
His Lordship-You knew this case was in to-day's list, and you come here without instruc- tions. I must take the case to-morrow.
Mr. Davidson-For all I know his absence may be temporary.
His Lordship-If he was leaving the Colony he should have communicated with his solicitor.
I can fix a day for the hearing later if I can be satisfied to-morrow that he will be here next week.
Mr. Davidson - It is for my friend to convince you that he had left.
Mr. Goldring-I can obtain any number of affidavits to that effect.
Mrs. Main, of Nos. 1 and 2, Knutsford Terrace, Kowloon, has of late been missing thief has had a long run of success, notwith- standing the watchmen deputed to effect his capture, Mrs. Main conceived the excellent. idea of attaching bells to the end of the
clothes lines. These were
so arranged that the removal of any
article of clothing from the line would cause the bells to ring. After the trap had been duly set, it was not long before the bells began to clang. The sound awakened the houseboys to activity, and they immediately dashed to the front and
in the basement of the house, and on being rear entrances to the building, while others searched the grounds. The thief was discovered charged before Mr. J. R. Wood at the Magis- tracy yesterday was sentenced to six weeks' Imprisonment.
A SOLDIER'S SUICIDE.
men who were not going first class. Are then | law of this Colony? Now the contracts were these contracts either illegal or invalid by the
made partly in the Colony and partly in America. entered into in Hongkong. Payment was to be
The performance of the contract bythe plaintiff took place in America when the emigrants were landed there. There is, of course, nothing in our law to forbid Chinese landing in America or anywhere else. It seems quite clear therefore, that these contracts are not illegal by the law of law on the subject is enunciated by Mr. Dicey, Hongkong. Are they then invalid? Now, the Conflict of Laws, page 553. rule 184, as follows: The essential validity of a contract is, subject indirectly by the proper law of the contract." to the exceptions hereinafter mentioned, governed
law of Hongkong.
I will assume that the proper law here is the certain exceptions to the general rule formulated Mr. Dicey next gives above. The third exception is as follows:-- law or not, is
A contract, whether lawful by its proper in general invalid insofar as (1) the performance of it is unlawful by the law of lez loci solutionis); or (2) the contract forms part of a transaction which is unlawful by to take place." the law of the country where the transaction is It is suggested by the learned author that probably this exception does not apply to any contract made with a view to the violation of the revenne laws of a country not forming part of the British Dominions. But this suggestion need not be considered here as it States with regard to the immigration Chinese in perfectly clear that the laws of the United | unmarried.
contract being to land persons in a country are not in any sense revenue laws. Now, the where the laws of that country forbid them to be landed, it seems clear that the case falls wi-
**
thin Mr. Dicey's third exception, and that this say that the law cannot be invoked to enforce is an invalid contract in Hongkong. That is to
On Friday morning a private at Murray Barracks committed suicide by shooting himself with a rifle. About ten minutes to sir Private having had a wash came along to the west gate James Hadsley, of D. Company, the Buffs, after
of the Barracks, where the guard were posted, and picking up a rifle placed it to his mouth and pulled the trigger. Death was of course instantaneous, the bullet coming out at the back of his head. Deceased, who was 34 years of age and a native of Wimbledon, is believed to have brooded over family troubles at home. He was
THE PRATAS.
kong on Saturday for the Pratas having on The Japanese cruiser Akashi left Hong-
Canton, and Mr. Nishizawa, the owner of the board Mr. Segawa, the Japanese Consul at
His Lordship-This is not a fresh case, and the plaintiff does not consent to an adjournment. If Mr. Davidson had not appeared I would have asked plaintiff to prove the case, and then given judgment. If defendant's solicitor says the defendant is here I will give him a day, if not, I will fix the hearing for to-morrow. His Lord-it, nor, on the other hand, could damages beguano works in the islands, for the purpose claimed in our courts for a breach of it. Simi-, of making a valuation of the works there and larly, although one party has performed his completing arrangements for the Japanese part, he cannot sue to recover the consideration interests being taken over by the Chinese.
ship informed Mr. Davidson that if he found defendant was in thk Colony he could give notice to Mr. Goldring.