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THE HONG KONG DAILY PRESS, FRIDAY, NOVEMBER 1, 1929.
MACAO MERCHANT'S poiated. A summons was also KOWLOON THIEVES.
ESTATE.
taken out to join the Ocial Ad- ministrator as a defendant in that action, but ob coming before, mej on November 29, 1994, it adjourned for a week and then
THIRTEEN SONS AND THEIR me die.
SHARES.
JUDGE HOLDST NOT BONA FIDE LITIGATION,"
The Chiel Justice (Sir Henry Gollan) yesterday delivered judg ment for the applicant in the pendens action board on October concerning the administration of the catate of Lo Kau, who died at Macso in 1007,
་
A YOUTHFUL GANG.
Two Chinese youths were convict-
The first defendant, who gave his
KAIPING HOUSEHOLD COAL
in Lots of not less than 1-ton Delivered to
Peak District (above Bawan Road), $23.00 per tan. Delivered to Bowen Road and Lower Levels, $21.00
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Note Reduction in Prices.
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Steps had also been taken by the defendants in Action No. 188, of! 1024, to have the intarim receivered by Mr. Whyte Smith at Row- embed, but in the meantime the floon Magistracy of straling various parties in that action had embark-articles, the property of European ed on-negotiations for a settlement ladies living on the mainland, and amongst themselves. Then cor-
ไม่ respondence ensued between Messrs. were sent to prison. Hastings, Dennys and Bowley, solicitors for the plaintifs, and Tessrs. Wilkinson and Grist, solici 50 as 10, was charged with steal | tors for the defendants, in that seing a bedspread from 215, Camerda Road, the property of Mrs. Arm- tion
As a result of this correspon-
Detective-Sergeant Humphreys Mr. F. C. Jenkia, instructed by dence, Action No. 158, of 1994, war strong. He pleaded guilty. Mr D. H. Blake, of Messrs. Wilkin settled and a deed of release to the Bon & Grist, was for the applicant, trustees of the settlement of Febru told the Magistrate that the bed- while Mr. Leo d'Almada, Jur., in ary 18, 1924, in which all four of structed by Messrs. d'Almada and the plaintiffs in the present action spread was stolen from the roof of was executed on February 10, 1925. the house, defendant having gond Mason, was for the plaintiffs.
Furthermore, as a result of the to the roof by the back stairway. Giving judgment, his Lordship
settlement, the lia pendens which said: The plaints in this action had been registered under Action The defendant was described as a aim, as four of the next-of-kin of No, 188, of 1924, against all the member of a gang, of whom five had Lo Kau (deceased) against the properties claimed in those proceed been caught, while others were still defendant, who is sued as the ings, which included all the disputat large. He had given the police administrator of the estate of Lo
ed properties, was vacated by:
and considerable trouble in recovering Lin Yeuk (deceased) a declaration Messrs. Hastings, Dennys that certain leasehold properties in Bowley, and a notice of settlement the stolen article, having pawned it Hong Kong (hereafter referred to of Action No. 159, of 1994, in the the disputed properties") usual form, was also filed by them formed part of the estate of the on February 11, 19 said Lo Kau, and came into the
Continuing, the prosecuting officer possession of the said Lo Lim Yeak Statements Bearing on Good Faith. as the executor of the estate of the
It is clear from the declarations said it had been found that defend said Lo Kau.
The matter with which I have to filed in the present proceedings that an had been turned out of his mixed with bad characters. He was deal is an application, which has members of the Lo family have house by his parents because he been adjourned from chambers into quarrelled seriously with one sent to the Yaumati School, but had Court by the defendant, for the other and the declarations contain continually absented himself. He and Mr. Horace Lo appeared for nese named Li. Wah Tung 895 for
many statements bearing on good faith and financial position of gave his age as.16, although he was individual members. But I do not propose to go into them because the facta attendant on the settlc- meat of Action No. 188, of 1994, arc sufficient for the purpose of my decision on this application which
ns
1.
vacation of a lis pendent register ed by plaintiffs against disputed properties on August 97, 1920, but before I touch upon the law ap; plicable to the question presented to me for decision, it is necessary that I should deal with certs facts established by the evidence.
The Facts Reviewed.
the
The
and destroyed the ticket. police asked for a serious view to be taken of the case."
older.
The Magistrate imposed a sea- tence of three months hard labour. The other defendant, aged 10, was charged with stealing a blanket property from 36, Hanoi Road, the
is made under section 19 of the of Mr. Vallarino, wife of the Land Registration Ordinance, 1844. Peruvian Consul; a counterpane That section provides that where from 97, Belchers Street, and Lo Kau died in Macha on Decedens has been registered entties of dried pork from 918, ber 15, 1907, leaving 13 sons living the Court or Judge may on the de- Canton Road. Defendant pleaded out of 16 which were bern to him, termination of the lis pendens or guilty to all charges. Paintiffs are four of the surviving during the pendency thereof, where The defendant, who was descrio sons and defendant is the son of Lo Lim Yduk, the eldest son of the said Court or Judge is satisfieded as a member of the same gang, that the prosecution is not prosecut- who was sentenced last July to nine Lo. Kan who died intestate on
ed bona fide, or for other good wecks' hard labour on three charges July 13, 1927.
Defendant applied caused shown, make an order for for letters of administration to the estate of his deceased father, Lo Lim Yeuk, on September 7, 1997. and on November 2, 1927, these were granted to him.
No steps were taken to obtain representation of the estate of Lo Kau in Hong Kong until letters of administration were applied for and obtained by the official ad-
the vacation of the registration." of larceny. It is interesting to observe that scc-
The Magistrate imposed a re- tion 19 is taken from section 2 of tence of four months' hard labour 30 and 31 Vict., c. 47, but that on each charge, the terms to run the "or for other good cause consecutively." shown" which appear in the for- me as a ground for vacating re-
gistration, are sent in the latter tiffs was arrived at in the Action enactment.
ALLEGED PIRACY.
RAID ON A SALT JUNK.
The three Chinese charged with making an armed raid on a junk within British waters in December Smith yesterday. 1997, were again before Mfr. Whsto
Sub-Inspector Dorling prosecuted, the three defendants.
SEQUEL TO LORRY ACCIDENT.
COMPENSATION FOR INJURED COOLIE.
At Central Magistracy last week. Mr. E. W. Hamilton ined a Chi-
driving a motor-lorry without & Outlining the case, Inspector Dorling said that the alleged offence licence. The fact that the man had took place on December 3, 1997,, no permit to drive was discovered when a junk laden with a cargo of
was bound for Chinese ter owing to an accident which happen- ritory from Cheung Chau Island. ed na the vehicle was being driven Arriving about 200 yards west of to the China Merchants' wharf for Sa Ku Chau Island, within British shipment to Kwang Chow Wan, b waters, the junk was hailed by coolin having his left leg badly shots. The junk stopped and a question of compensation, pointing people on another boat, who fired crushed. His Worship deferred the number of armed men went aboard out that he could award only 850, and took possession of the junk but the injured man might perhaps making the master and crew pris desire to take a civil action against oners. The junk was taken to Kam the defendant. for higher damages. Lan, about a mile west of Macao. The crow were kept in captivity for various periods ranging from a few days to seven months,
Traffic-Sergeant George informed. the Magistrato yesterday that the coolie, who was still in hospital, hed agreed to accept the 850 com- The master was allowed his liberty pensation. Accordingly His Wor- after several days, and was sent off ship made an order for compensa to obtain ransom. He did not get tion, remarking to the defendant the ransom and did not return; he that he was lucky to get off with tho Cheung Chau police-station. also neglected to make a report to payment of $75.
In the case of Wong Wai Hin et / No. 188 of 1924, and that once that The news was received some time; ministrator on September 18, 1994; | al. v. Kwok Taz Kwan et al., 221 position is established, good cause later from one of the crew, and it H.K.LR., p. 111, Mr. Justice Wood has been shown for the vacation has recently had to consider the of the registration of lis pendens effect of section 19 of the Land in the present action. Registration Ordinance 1844. Ho held that in an interlacutory appli cation the Court would not make an order for vacating registration if to do so involved the decision of the main issue raised in the ac
but though that official stated in his petition to Lo Kwong Wai, the third plaintiff in this action, had informed. him that the Hong Kong catate of Le Kau consisted of leasehold properties worth over $2,000,000, nothing appears to have been done either by the oficial administrator or anyone else to collect this very valuable estate. Elder Brothers Form A Kind of Trust."
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tion.
A Precedent.
Further, he held that the words or for other good cause shown " In 1931, certain of the elder sons should be read disjunctively, and al Le Kau formed some properties covered other cases than where into kind of trust under the style litigation is not prosecuted bona of the Yuk Ngok Estate for the fide, for instance, where it is shown benefit of the sons of Le Kat and that & lis pendens has been regis their dependants. This someshattered against a person not a party indefinite arrangement appears to have continued for about three to the action or where dilatoriness years, but by deed of settlement in the prosecution of the action is
established. dated February 18, 1924, the posi tion was regularised. Under that deed, certain of the sons of Lo Kau assigned to four trustees speci. fied properties for the benefit of the surviving sots and grandsone of Lo Kau, acluding the four plain tiffs in this action, and there was further provision that in certain events these properties were to be divided amongst the beneficiaries.
"Younger Sons Take Actir, It would appear that dissatisfac tion at the properties included in the deed of February 19, 1924, carly manifested itself amongst the bene ficiaries, for on August 12, 1924, certain of them, including Lo Kwong Wai and Le Kwong To, the third and fourth plaintiffs in this action, issued a writ in Original Jurisdiction Action No. 188, of 1924, against Le Lim Yeuk and other eons of Lo Kau (deceased) asking for the administration of the estate of Lo Kau.. Action No. 189, of 1024, was registered as a lia pen dens against a qumber of proper- ties alleged to form part of the estate of Lo Kau, including the dis puted properties, and an applica tion for the appointment of a receiver was also made on which the third plaintiff in the present action filed a lang declaration in support dated August 15, 1024.
In this declaration, the dedarant sets out the properties included in the settlement of February 19, 1924 and also mentions a number of others which he alleged to belong to the estate of Lo Kau. In this latter category are included all the disputed properties.
Lo Lim, Yeuk (deceased), the father of the defendant in this action, in a declaration dated September 4, 1924 answered the above-mentioned declaration of the third plaintiff in the present action fully, and in particular denied that the disputed properties were part of the estate of Lo Kan and claim od them as belonging to himself and others, ARTIS
Application for Receiver
An application was made by the plaintiffs fa Action No. 188 of 1924, for the appointment of a receiver and an interim receiver was ap
I am bound by that decision and Agree. with it, but with, as it ap pears to me, this necessary limita tion, that if as a result of finding that an action is not being pro- secuted bona fue, the action itself may be concluded, this should not prevent the Court from coming to a decision on the question of und fides.
On the facts of this case, as set out in the first part of my judg meat, it appears to me that the act tlement of Action No. 188, of 1924, involved the question as to the pro- perty in the disputed properties. It is alleged on behalf of the plain- tiffs that they agreed to the set- tlement and signed the Deed of Relcase of February 10, 1995; because they were informed by their solicitors, Messrs. Hastings, Den ays and Bowley, that the Deed of Release related merely to the pro- perties included in the Deed of Sot tlement of February 18, 1024,
Judgment for Defendant. Knowledge of the statement al- leged to have been made to the plaintiffs by the interpreter is not brought home to the defendant, or to his father, Lo Yim Yeuk, and I therefore do not see how it can I am therefore aficet defendant.. prepared to bold that inasmuch as the plaintiffs must be taken to have agreed to the settement of Action No. 188, of 1954, on the terms above referred to, either becquse they were parties to that action, or be cause they were privy to the nega tiations which led up to the settle. ment and joined in the Deed of Re- lease of February 10, 1925, they are not prosecuting this litigation bunu fide
Furthermore, it is clearly e tablished that an action which is settled by "compromise cannot be proceeded with or he litigated afresh between the parties to the compromise in any other action: and that a second action between the same parties in respect of the matters in issue in the first action will be stayed or dismissed. (May- Dard v. Eaton, 9 Ch. Ap., p. 414)-
In this cats it appears to me that a compromise binding on the plain- (Vontinued on next Column.)
least three miles within British
outrage bad occurred within Chi- This man was later arrested, and neso waters. Since then, however, was thought at the time that the robbed by a man who had escaped, In my opinion, the defendant is ¦ it was found that the spot was at accused the other two men of piracy which constituted the present charge. entitled to relief on both of the
having taken part in the armed grounds. I have mentioned, the re- gistration of the iis pendens should be vacated, and the costs of this application should be paid by the plaintiffs to the defendant.
waters.
On September 28 two men report- ed to a detective that they had been (Continued on nest Column);
Evidence was given by the junk master and the hearing was again adjourned,
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