August 2, 1909.]
Mr. Goldring had not furnished them until a day or two ago.
Mr. Goldring-They were Monday.
furnished
on
Mr. Davidson - My friend is in default. His Lordship-Was any date mentioned ? Mr. Davidson-Saturday morning. Mr. Goldring said he was not aware of this, and his instructions were to get on with the case if possible, as his client was going away. supplied the particulars by letter on Monday afternoon.
He
Mr. Davidson-I got them on Tuesday. His Lordship-There is this: I don't want to put more things off than I can help, as the Fall Court will be sitting next week. (To Mr. Davidson)-You have had time to go into the particulars?
Mr. Davidson-I can't honestly say that I have not, but as a matter of fact one of my witnesses is not here.
His Lordship-Was it an expression of opinion that they should be ready on Saturday. or was it an understanding?
Mr. Davidson-I think it was an understand- ing. I cannot say for certain that your Lordship
made it conditional.
His Lordship-I am not sure that I did. In any case I could not give you the costs of a post ponement. It would have to be costs in the
cause.
Mr. Davidson-I shall be quite satisfied with that.
His Lordship fixed the hearing for this afternoon.
Friday, July 30th
IN SUMMARY JURISDICTION.
BEFORE HIS HONOUR MR. H. H. J. GOMPERTZ (PUISNE JUDGE).
CLAIM FOR GOODS SUPPLIED.
His Lordship delivered his reserved decision in the action in which Abdul Kader claimed
$159.67 from Kirpa Ram and Mangtu Ram for goods supplied. He entered judgment for the plaintiff for $83.22 on the ground that the second defendant twice held himself out to be a partner in the defendant firm. Two clear months were allowed in which to pay the amount of the judgment, the first payment to be made on September 1st. Costs were to be paid immediately.
Mr. Reader Harris (of Messrs. Wilkinson aud Grist) represented the plaintiff, and the second defendant was represented by Mr. J. Gardiner.
A QUESTION OF PROCEDURE.
H.
His Lordship mentioned the action in which Prom Singh sued A. R. Diercks to recover 8300 under a promissory note, and in which Mr. J. H. Gardiner appeared for the plaintiff, and Mr. F. B. L. Bowley (of Messrs. Dennys and Bowley) for the defendant.
CHINA OVERLAND TRADE REPORT.
His Lordship stated that he had allowed the defendant to pay in instalments of 25 a month. It appeared that the costs were $69. aud an ex parte application was made in Chambers.
Mr. Gardiner When?
His Lordship-A day or two ago, by Mr. Bowley.
in which F. H. Hyde, proprietor of the Swatow Hotel, sued J. A. Churchill to recover $218.65.
Mr. Otto Kong Sing, who represented the defendant, asked for security for costs.
Mr. Jackson opposed the application. Mr. Kong Sing-The plaintiff resides at Swatow, in the Empire of China.
Mr. Jackson-This is not application.
a bond fide
His Lordship-Supposing the defendant is successful, how would he get his costs?
Mr. Jacksou There is no possible chance of his being successful, because he has admitted the debt.
His Lordship Is that the only ground of your opposition?
Mr. Jackson - Yes.
Mr. Kong Sing-There is the legal defence that the money is owing for drink, etc.
If my friend insists upon taking the matter to Cham- bers I shall ask for costs.
Mr. Gardiner-It is quite irregular, my Lord. I had notice from my friend saying that he was going to make the application in Court this morning. He is now going behind my back and applying in hambers. I am prepared to argue that the judgment cannot be
varied.
His Lordship-I will hear you in Chambers when the list is closed.
Mr. Gardiner read a letter in which Mr. Bowley had informed him that he intended to ask his Lordship to vary the judgment in this action. After that, said Mr. Gardiner, he appeared in Chambers to discuss the matter.
His Lordship-He asked me if I was prepared to consider it.
Mr. Gardiner-Surely that is not the correct procedure.
Mr. Jackson did not further oppose the application, and his Lordship ordered that $100 be paid into Court as security for costs, and adjourned the case for a week.
His Lordship-I have given no decision. The matter is quite open. I will hear argument in
Chambers.
SECURITY FOR COSTS.
Mr. Jackson (of Messrs. Johnson, Stokes and Master) appeared for the plaintiff in the action
The case
CONCERNING COSTS.
in which A. Landau sued the Oriental Brewery, Limited, to recover $209.50 for wages. wages in lien of notice and out of pocket expenses, was again mentioned,
|
Mr. Davidson, for the defendants, mentioned that his Lordship had given judgment for travelling expenses and costs. plaintiff for the amount paid into Court, $9.50 The latter amount, being under 810, did not carry costs. Mr. Crowther Smith, for the plaintiff, said he got judgment for $42 odd, and he ought to have the costs.
His Lordship-Did I say anything about costs at the time?
Mr. Smith--You gare judgment for plaintiff for $33.33, $9.50 out of pocket expenses, and costs. I take it that means costs on the whole lot.
Mr Davidson-This particular point was no raised at the time.
Mr. Smith-My friend raised the question of costs before your Lordship decided in my favour, and the point cannot be raised again. If he had anything to
say, he ought to have said it then. If he wants to appeal, let him appeal. The question was settled when your Lordship gave judgment.
Mr. Davidson-Your Lordship has power to re-consider an application made within the proper time, as this one is.
Mr. Smith--Your Lordship has power to give costs even if the amount recovered is under $10 if your Lordship thinks it is a proper case.
Mr. Davidson-The Code says that no costs shall be allowed if an amount is under $10.
Mr. Smith-Your Lordship has absolute dis- cretion as to costs.
Mr. Davidson-Perhaps the bill might be taxed, and the point argued in Chambers.
This was agreed to.
THE FALSE IMPRISONMENT CASE.
His Lordship delivered judgment in the case in which Mak Ti Sang sued Chau Kwan Shan for $500 damages for false imprisonment.
101
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Court. But the most important item of al and that on which the action would practically turn, was the question of the pawn ticket for the pair of pearl earrings. Plaintiff was a gentle- man of more or less independent means who lived with his father at 34, Caine Road. He met the defendant sometime last year and the parties became friendly. About the middle of March this year the defendant borrowed $23 from plaintiff, and on April 4th and 5th he got two further loans of $40. Re- ferring to the last loan of $40, which involved the question of the pawn ticket, plaintiff had no money then in hand, but said he could let the defendant have some jewellery to pawn. A man was sent to pawn the earrings, the rough value of which was $36. Then there was some question of the defendant finding a purchaser for these earrings. He wrote a letter to the plaintiff informing him that the pair of pearl earrings was worth more than $300, and asked for the pawn ticket to have inspection of the same and to have the pleasure of seeing the articles with his mortal eyes, eyes which could not dis- criminate between good and bad. On April 28th defendant wrote another letter informing plaintiff that he had received the pawn ticket, but stating that his friend did not care about the pearls. About a month later de- fendant wrote to plaintiff and told him that he would returu the pawn ticket in a few days, but plaintiff had never received the pawn ticket.
Evidence
was called and the hearing adjourned.
"PERFECTLY SCANDALOUS."
THE CHIEF JUSTICE AND THE BANKRUPTCY
DEPARTMENT.
His Honour the Chief Justice, referring on July 29 to certain bankruptcies, the names of the parties in which he suppressed, stated in the Supreme Court that the conduct of these cases revealed a state of chaos. in the bankruptcy department of the Court which was perfectly scandalous. No blame, however, attached to the present Official Receiver. He said it was scandalous, because bankruptcy proceedings were for the benefit of both debtors and creditors, and it was essential that if the Act was to be a benefit the procedure taken under it was to be as rapid as possible. He did not propose to mention names, because it would be unfair to everybody concerned, but he had ordered the papers to be brought before him en bloc and had discharged the orders made.
ANOTHER PIRACY.
A daring piracy in the vicinity of Cheung Chau Island has been reported to the Hongkong police. It appears that the Hongkong junk Sam Fuk Hop left Hongkong on the 8th inst. for Sui Tong on the West River, but she had scarcely left the archipelago outside when she encountered two piratical junks. They bore down upon her and the traders were not left long in doubt as to the intentions of the men on board the approaching craft. They compelled the junk to lower her sail and they boarded her and took possession of the boat and her cargo, compris. His Lordship in giving judgment stated that ing flour, beans, sugar, peas, etc., the total value as the point was an important one he had cou- of which was $15,000. What happened next is not. sulted with the Chief Justice, who agreed with clear, as neither the junk nor any of her crew him that the arrest of the plaintiff was justifi-have since been heard of. Presumably the rob- able. Judgment was given for the defendant
Mr. Dlmada Castro (of the firm of Messrs. D'Almada Smith) represented the plaintiff. and Mr. Sydenham Dixon (from Mr. Rt. A. Harding's office) appeared for the defendant..
with costs.
A MISSING PAWN TICKET.
The case was continued in which Wong Fu Kin sued Chiu Fu Kwan to recover $434,41. being as to $103 for money lent; as to $38 for money paid by plaintiff to the Chun Wo firm on behalf of and at the request of the defendant; and as to $293,41 damages for wrongful deten- tion of one set of gold buttons, one gauze waist- coat, and one pawn ticket relating to the pawning of one pair of pearl earrings mounted with gold.
Mr. P. W. Goldring (of Messrs. Goldring, Barlow and Morrell) represented the plaintiff, and Mr. Davidson (of Messrs. Hastings and Hastings) appeared for the defendant..
Mr. Goldring stated that one item in the claim was admitted, and an amount of $38 paid into
bery took place in British waters, and the police have been very active in their inquiries. Some men were found with portions of the plundered cargo in their possession, and we believe that a number of arrests have been effected, and that a Hongkong officer has proceeded to Macao to make further inquiries.
was
On the 25th ult, a sampan capsized off Mongkok and the occupants were thrown into the water. Fortunately the occurrence noticed both by the men in the gig belonging to the Chinese revenue cruiser Likin and by those on board the C.P.R. launch Vancouver. The gig was first on the scene and rescued the and sampan in tow to the Likin, where the sampan people, and the Vancouver took the gig sampan people were cared for.
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