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THE HONG KONG DAILY PRESS, TUESDAY, JANUARY 8th, 1929.
CHINESE MONEY LOAN ASSOCIATION.
ITS INTRICACIES AND METHODS EXPLAINED.
PUISNE JUDGE'S DECISION,
The intricacies of a Chinese Money Loan Association have 'always been a problem to the judges and to the legal professión." Its method, from a practical standpoint, is simple enough. It works this way. Say a body of ten men form an Association. One man is elected president. The shares 'can be of any amount. We may take, for example, that the shares are $10 each per month, which means a capital of $100 is available. Any member who needs money may make a tender for this sum. A draw is made and the member who offers the most, gets the use of the money for that month. If he drew the loan by offering $3, each member would then contribute $7 instead of 810.' ‚„After he has drawn the loan,, he has to contribute $10 each month until the Association is dis solved that is, after all the members have had the loan. The #3 which he had tendered for the loan is in effect the interest that he was willing to offer for the use of the money. Of course, the last man to tender or to draw would reap the benefit. During the Dine contributions,' he would not actually pay the maximum #10 a month.
The difficulty in the law is that these Associationa pever seem to have any agreement drawn 20. They are all run on a mutual trust basis. However, an important decision was given yesterday in a recent case heard at the Summary Court before Mr. Justice. P. Jacks, in which Fan Ngoi Nam. Trik Tong, the On Lok firm, Pun Chik Sang. Yau Shun. Lai King. Chuen Kwan King Wa and Man Lok Hin sued the Asia Café, formerly the Seck Yuen Café, and the Tung Tung Chi Tim Cafe for the recovery of 2800 being money lent to the defendants under the conditions of a Money- Loan Association
Mr. F. X. d'Almada was for the defendants and the plaintiff, were represented by Mr. C. A. S. Russ
THE JUDGMENT.
Delivering judgement Mr. Justice Jack's said:
+
The Defence. The defence is
is
THE BIRTH OF A FLOWER.
"AN INTERESTING AND
BEAUTIFUL FILM.
BIG AUDIENCE AT THE
* H.M. INSTITUTE.
Mr. Clarke Irvine has indeed brought a rare treasure to the Caloony in the wonderful pictures
The ta open with a recital that the A diation is formed with the object ? affording mutual help to the meinbera and providing an equal interest, and benefit to each of them. Mutuality is indicated all through the rules, every member to receive henefits and to be under corresponding obligations.
The rules make no provision for the assignment by any member of his rights or liabilities. Such a con. tingener does not appear to be con- templated. There is, in fact, a pro- vision that the members shall pay their contributions until the ter mination of the Association. The that he has made with the assist very nature of the Association which |sace of Mr. A. Q. Pillsbury. is one of mutual trust seems to
Mr. Pillsbury is the inventor, of prohibit any assignment, certainly the camera which has shown us not without the consent of every. other member. My view is that there can be no vadid assignment of a share in a mutual contract of this kind without the consent of all the parties to the contract. The rules make no provision that the Head of the Association is to be responsible in any way to the other members for the default of any absconding an ordered dance now quickly, now member. There may be a custom with slow grace. One sees their to that effect but no evidence of inception when the pollen touches auch a custom was put before me. The Association having reduced its rules to writing I see no fastifica tion for incorporating anything in them which the members them selves could have introduced had they so desired. The books of rules are in the nature of scrip, each book, therefore, should be identical but
The camera which operates by the stamped copy which has been put in evidence in this case bears clockwork makes exporres at re- clause at the head of it which gular intervals, and thus as the renders the Head liable to the reel is unwound you see the move sufferers for half the amount pay-
flowers in their birth, their short life and their death. He has en abled us to ace those staid and lovely friends of the garden, hillside and meadow, 'move to take their exercise and their food, move in
the ovary and gives life and eager movement to the protoplasm and one sees their death struggles af each delicate petal writhes and twists before shrivelling and drop- ping to the ground.
able by absconding members. This mont of a week compressed into a is a liability which is not found in minute. All these flowers other books, it is not for the benefit
wera
Model: 2-30
For every guest..
his music
with this great instrument
EVERY one that visits your home-likes music of some kind songs, marches, tingling fox- trots, mighty symphonies. With this wonderful instru- ment you can give them the entertainment they most enjoy. Drop in-now-and- hear it play!
.:.
of a few members only but for all photographed in the Yosemite Val S. Moutrie & Co., Ltd.
the sufferers.
I am asked to rule that the agree ment of the Association is void because there was
no concensus
ley, California, where there are First: That the defendants have ...assigned their interest in the Money
over 1,500 varieties of wild flowers, of 1,100 of which Mr. Pillsbury has Loan Association to a irm known as the Mo Yee Sin Kun-which has ad idem. It may be true that all made studies during the years since been became bankrupt-with the members did not know what that he spent over the task.
rights they bad against the Head Lion, Alligator And Ostrich Farms, the consent of the Head of the Aunder this clause in respect of any sociation, and are not liable, and
The 'plaintiffs and the defendants in this netion are the members of, Money Loan Association of which Fan Ngoi Nam is the head.
The defendants, the Tung Yuen Chi Tim Cale who would not or
could not be joined as plaintiffs
have been joined as defendants, they being members of the Asso- ciation; but no monetary or other claim is made against them and they are merely nominal defendants, Subsequent reference in this judg ment to the defendants' will, there fore, refer only to the Seck Yuen or Asia Café and their manager..
The Association was formed on the 18th day of April, 1897, (17th day of the 3rd moon) when $1,350 was paid to the plaintiff, Faa Ngoi Nam, by the other members includ ing the defendants, each of whom subscribed $150. It was agreed be tween the parties that the said sum of $1,350 should, be repaid to the other members at the rate of 8156 on the 17th day of each succeeding
moon,
By the rules of the Association which were reduced to writing and verbally adopted by the defendants and other members of the Associa- tion each drawn member agreed to pay $100 on the 17th day of each subsequent moon after the 3rd moon until the termination of the Asso
ciation.
it.
Second: That the members of the Association were not ad idem by
reason of the fact that one copy of the rules differs from the others as stated above.
losses incurred by them through the default of any one of their members and that they were not ad idem when they consented to become members of the Association, but they have noted on the agreement such as it was.
Besides the flower pictures there. were other views of the Yosemite Valley and a most interesting pic-
ture called The Romance of Travel."
(Victor Distributors)
1
Chater Road,
The New Orthophonis
Victrola
ST. JOHN AMBULANCE
BRIGADE.
HONOURED.
MENT HOUSE.
The latter began with a trip over The agreement is practically com-
Ocean Park, California, and showed No evidence was put in as to pleted. All members with the ex
some wonderful glimpses of lion, when the transfer actually took ception of the defendants have ful- alligator and ostrich farms. In place. No instrument of transfer filled their obligations. The defend each of these the beasts seemed to Iants having received their benefits be amazingly familiar and happy was put in or referred to.
The of the agreement have not fulfilled with their human guardians. The FOUR DIVISIONAL SURGEONS books of the alleged transferees their obligations, possibly under the lions in particular appeared 15 were produced which showed that impression that they had assigned tame as the domestic cat and the their interest in the Association, children of the audiencS. WETË 'CD- they received 1760 on the 11th day but I cannot allow that such an raptured. One small boy exclaim-PRESENTATION AT GOVERN of the 5th moon (June 10th) from assigament was valid even if it ed almost with tears when the film Fan Ngoi Nam in. respect of Money ever took place. Under these cir- ended "I would like to see some Loan Association. What this amount
cumstances, although the agreement more." Bird Pictures. may be no agreement by reason of may be I do not know, as $830, not there being no concensus ad iden $760, was the net sum drawn by I do not consider that it is equit
able at this stage to allow the only the defendants. These books also
defaulting member to evade his showed a further entry that $100 liabilities on this ground and to had been paid to Fan Ngoi Nam take advantage of a flaw in the con- on the 18th day of the 5th moon (June 18th), being the amount due for the 3rd contribution of the nothing to show which Money Long Money Loan Association. There is Association this was. Fan Ngoi Nam may have been associated with
more than one.
The Head of the Association has denied all knowledge of any transfer
tract.
15
The Seck Yuen firm have drawn the Associations' money under a certain condition, they agreed to ny view is that they should pay repay in eight instalments of $100. 8800 to the plaintiffs on behalf of the Association. I give judgment for the plaintiffs for $800 and costs.
of the defendants' interest. It has AN EXPENSIVE 'BUS FARE
PAY 850.
'
There followed some charming bird pictures which must have been the result of amazing patience and skill, and then we were transported to Honolulu to see the surf riders, a river of white bot lava and a wonderful picture of the heart of the crater itself.
Four Chinese gentlemen, Doctors S. F. Li, C. K. Ma. B. C. Wong, and F. P. Woo, were yesterday House and presented by His Excel- morning received at Government
Government (the Hon. Mr. W, T. eney the Officer Administering the Sothorn, C.M.G.) with diplomas from the St. John Ambulance Brigade.
The flower pictures were prefaced
The presentation, a very pleasant by views of the Yosemite Valley. semi-formal affair, was held in the glaciers, which is a mile and a half men, both European and Chinese, an amazing canyon carved out by anteroom, many ladies and gentle- wide, a mile deep and seven miles connected with the Hong Kong long. Many of the pictures had branch of St. John Ambulance been taken by aeroplane and they Brigade being present. The four shewed most unusual and lovely doctors are all divisional surgeons views of the magniscent waterfalls of the brigade who have done veritable white horses seemed to of the district, in one of which especially good work.
H.E.'s Congratulations. plunge past the camera, and another showed the remarkable. double His Excellency who was 'accom- water wheel
panied by Mr. É, Ralphe, Assistant Commissioner in charge of the Dis trict, made a short speech before presenting the diplomas. He said, that he had gathered those present together in order that they might witness the presentation of diplo mas to four divisional surgeons of the St. John Ambulance Brigade in recognition of their services to the Brigade and to the Colony as a whole.
Mr. Ralphs had told him that"
overfow of
welcome.
been shown that the defendants On the 17th day of the fourth have paid none of their subsequent CHINESE STUDENT HAS TO drew $850 and alleged that they moon, the defendants by successful subscriptions. They produced no. tender became the drawn member, evidence of a transfer, but only the 8150 was repaid by Fan Ngoi Nam entries from the books of their
The lecturer Mr. Clarke Irvine is, and the sum of 880 was paid by alleged transferees to which I have journed case against a
Before proceeding with an ad- with Mrs. Irvine, making a tour each of the other eight members already referred.
Chinese in which he has already covered of the Association, 8870 in all. With
student summoned for attempting 20,000 miles, and this film is n the exception of the first subscrip-
A. Former Decision,
to travel on a Kowloon motor bus being shown for the first time in tion of $150 paid to Fan Ngoi Nam In the case of Chan In SADA V.
without paying his fare, the Kow. China. The Helena May Institute on the 17th day of the 3rd moon, Tam Wai Saog (F.K.L.R." Yelloon Magistrate, Mr. E. W. Hamil. was, crowded, extra chairs being which was repaid on 17th day of XXII. 6129) Mr. Justice Wood, after ton, said that a remark which he provided add the the 4th moon as already stated, reviewing earlier decisions on the had passed on Saturday had been people anxious to see the picture it is alleged that the defendants legal relations existing between the misreported in the Daily Preas. were accommodated on the stairs. have made no payment in respect members of a Money Loan Associa. He was slated to have said of the We learn that Mr. Irvine proposes
accused, of their obligations to the Money tion laund himself unable to "infer done it once or twice before." What of the schools of the Colony, where the diplomas were granted by the
"In my opinion he has two shew the film again in several Loan Association or any member of from a book of the rules that the he actually said was that "it an there is no doubt that he wit London Branch of the Order of St.
intention of the members was to
John on information supplied from peared from the evidence that the receive a very Warm On the 17th day of the 5th moon form a series of individual contracts and ench and every subsequent with the Head of the Association, The printed version made sent yesterday were delighted from to be remembered that the Ambu- defendant had done the same thing since the children who were pre- Hong Kong, and he would like it moon up to and including the 12th his view was that the Money Loan it seem that he had pre-judged beginning to end."
lance Brigade could not carry out noon of last Chinese year, the Association with which he was deal.
its work without the services of the members of the Association other ing was a Voluntary Society" con- that the gentlemen of the Press the case. Mr. Hamilton added
divisional surgeons, since instruc- than the defendants duly met and sisting of the Head and the other were at liberty to ask him with
tion and lectures must be given by fulfilled their obligations. The members. Any money contributed
qualified medical officers. They had MR. WILLIAM HEUGHAN. plaintiffs allege that the defendants on any occasion by constituent mem mark which they might have missed. regard to the phrasing of any re-
given their services free, and as, an.. owe the Association the sum of £800 bere is pending allotment the pro- in respect of eight several subscrip- Derty of the Society as a whole. We regret that the mistake should CELEBRATED TENOR TO VISIT example of what the Colony owed to them he would mention the fact tiona. In support of this claim Every member on joining the Asso-have occurred, and we are sure the
HONG KONG:
that over a quarter of a million had several books of the rules showing ciation contracted with all other local Press will be grateful to Mr.
been vaccinated since the beginning Local music lovers will no doubt of December, the names of the members and the members to conform to its rules. Hamilton for his offer of assistance.
All the vaccinators. resulta the drawings were pro The Head or any member suing on
Defendant's. Witness, a be interested to hear of the had passed though the hands of the duced, one copy of which was duly behalf of himself and all the mem
impending vixit to the Theatre divisional surgeons. stamped. This stamped copy differs bere may sue to enforce compliance student riding with him at the time the leading tenors of the day,
The defendant called a fellow Royal of William Heughan, one of What The Colony Owes To The from the others in that it bears a with any of the rules.
who said that he (witness) was Described by critics of five contin clause at the head of it which I find myself in agreement with asked for his fare, but defendant
These figures should make the renders the Head of the Associa; thin view. The Association in the was not. The conductor-evidenti / ents as the possessor of "a voice tion, liable to sufferers for half the case before me is an Association of thought he had a monthly ticket. which has peculiar charm, strength. Colony realise what a debt it owed amount payable by absconding mem ten persons or firms who met to When the inspector boarded the two recitals on Monday and Tues. Surgeons, and it gave him much and beauty, Mr. Heughan is to give to the Brigade and to the Divisional bers.
gether and agreed to be bound by 'bus, the defendant tendered his The plaintiffs also produced a certain rules which had been drawn fare, but the former refused to day. January 21st and 22nd. He pleasure to make the presentation. will be assisted by Miss Mand Bell In presenting the diplomas he is. receipt signed by Kwan Yun Fong, up by the Head, and assented to accept it and took the defendant to a clever English cellist, and Miss tended to start with the junior "the defendants manager, showing by each member paying his contri- the Company's offices,
Gladys Sayer, pianiste and accom awards and to give the senior one that he had received on the defend-bution to the Hend and accepting a
Giving his decision the Magis panist..
last. He understood · from Mr. ants' behalf the sum of $850 (includ-book of the rules for each one of trate said that if he was going to The tenor's powers of interpreta Ralphs that these diplomas were a ing $150 repaid by Fan Ngoi Nam) the ten shares agreed to be taken, believe the defendant's story, he tion are characteristic of the art of step to be taken before becoming being the amount drawn by them
The books of rules do not by would have to say that both the his master, Maestro Vincenzo Saba- & full member of the Order of St. at the second meeting of the Asso- themselves constitute the agreeinspector and the conductor were in. This eminent teacher the John. ciation on the 17th day of the 4th ment, nor a series of agreements lying. He had also to believe that father of Mr. Ranhaei Sabatini, the In presenting the diplomas Hin moon (May 1927) after deducting between the Head and each mem-the defendant was deaf and very well known novelist, was also the Excellency congratulated each of $20 for expenses.
ber. The agreement is the verbal absent-minded. He did not believe | teacher of John McCormack, the Surgeons so bonoured and gave The plaintiffs also put in a copy | assent by ench and every member defendant's account of it and be Heughan bring to the concert in a few words the record of the of a letter written by the Head of to be mutually bound by the rules thought the witness had been coach-platform much of the life appes services they had rendered to the the Association to the defendants The payment of the first contributed. The defendant, would be con of the contemporary stage, Hr in the 8th moon asking for payment. tion and the acceptance of a copy victed and he would be fixed 850, Kings the songs of many lands and of the 4th contribution, for which of the rules being evidence of that with the alternative of one month's combines the arts of actor, singer, letter a receipt was given,
agreement.
hard lacour.
and story-teller in his renderings.
Brigade.
St. John Aminlance Brigade,
After the presentation tea and refreshments were served to the
guesta.