men
THE HONGKONG TELEGRAPH, TUESDAY, JUNE
Sassoon & Co., and costs to date Tls. 25, 50!" This is the sum referred to in the first Two letters quoted. In support of that payment to himself out of the Tls: 45,ct which he received on his client's behalf Mr. Wainewright relied upon the following document :—
Shanglisi, Juth October, 885
out of ons, er we will do ho- more duty," I relased, and, they went forward. Shortly after, I let Bolson gut, and half an hour after that, the crew came aft again and salt "you put the ship into Hongkong, or we will 'do no more duty Brennan was the spokesman ; I refused. Some one of the crew,sang out when the ship gets far enough North we will throw the yards aback." They did not threaten "me. My I the undersigned Benjamin David Benjamin do hereby declare and certify in all whom it may contesthat previa to thy legal ship is 20 years old. Idid not intend to run ber
adviser M, R. E. Wainewright lean a fongkong on the th on shore on Banka. I saw another ship ashore of September Lu for the purpose of endeavouring in aulxin fin -Mesur; E. [~Saraeon & Li' compensation for sliede træuta pjons near me. The carpenter has not expressed any
and send authe guiderailun ber je going a Homekong and taking fears about the ship owing to Her being nabore auch abspent measurers might be neghanry I agreed with the The night Bolson was in irons the crew first aid K. Wainewright that out of any numey which might be Jetovere fpm the Lit Mess Sheuld be entitled to said that they wanted the ship to be put in the sum of Tacity-five Though acid for his own use into Hongkong to be examined; this was a and benefit (belig understiet that tig-aald aum, if received by month after she was ashore, and had they had, was en cover all tay to delite nest in him tate) and line any fears about the ship they would have hereby infirm the said agreement and arrangement. spoken about it at the time, when she was close to Singapore. I put into Manila because they had refused to work, and they did not tur-to till we had made the land. in Manila I went ashore at to am. by the steam ferry and returned by the same ferry about 5 pm. The first person who spoke to me was the chief mate, who said the fore-peals was full of water and that, they were pumping it out. I did not go near it the sea-cock was open, I know. Next day, about noon, I went to see it with the surveyor. I had never been there before that voyage. The ship left Cardiff on March 29th. The coals are kept there for the ship's use; they were put in
H.T. TIRNIKMIN.
That document, Mr. Wainewright stated in bis evidence, was drawn in by himself, was written out by himself, and was signed by Ben- jamin in his (Wainewright's) house, no other person being present. In cross-examination Mr. Wainewright explained the inconsistency between so much of the language of his letter of the 38th December to plaintiff's Counsel, and the existence of the agreement; by stating that he did not wish 10 give any information to the persons who were thea surrounding Benjanin, as he believed some of them to be capable of concocting evidence to impeach the agreement if they came to know of it He stated further in cross examination that his bill ordina, way, "would not be much less than s. 10:3," exclusive of disbursements; and it appeared that the antecedent unpaid costs would aimount to some Tis. 3,003,
become payable under it, added-may say, However, for the gundianco of the parties, that in my opinion this agreement is pure champerty, giving as it does to the solicitor in the contingency of success what is equivalent to a tenth part of the property to be fecovered.".
His lordship said he thought there was some thing down for hearing on Monday..
Mr. Wilkinson said he was happy to inform his lordship that the case referred to had been settled.
His Lordship-Then let it be on Monday, in chambers;
Ig, ca 8.
Co-day's Advertisements.
MFOR MANILA, VIA AMOY. RE 5panish Steamer
THE
"DON JUAN,"
Mr. Wainewright said he did not care where was, but he thought it might as well be in
Captain Marquez, will be despatched as above "His lordship expressed his "assent, and, the | TO-MORROW,, the 20th instant, at a Pat." Court rese.--N. CLPadly 'Netbe.
instead of as previously advertised. - For Freight-or Passage, apply to
BRANDÃO & Co
Agents. Hongkong, 19th June, 1888.
THE TEA FREIGHTS TO LONDON.
སཾབྷ;
The following communication from a "Tea Shipper," which appears "in the Foochow Eclip of the 11th inst, will be read with interest
It would be interesting to know who is iesponsible for the perfectly gratuitous inforin- ation your issue of the oth inst-that as "The current rate of freight at Hankow for tea is as low as 1 per ton, we believe Foochow will have just as low rate of freight later on."
Mr. Wainwright cited in reply to this authority the cases of Rees 2 Williams! (LR, 15 Ex. 200) and Spre v. Potter (25 LJ. Q.B. G4), and referred to a passage in the judgment in Knight .pen Court. Bowyer (26 LJ. Ch. at p. 773) and to Roscoe's Grímiast Brideeënt klut ky, neither Reze z Villions for Sprye. Potter were the facts at deli as to conic within the rule-which after, il is a very old one-id down by Sir George Jessel. In the former there was no question of properly to he recovered, and the latter was not a case of n salicitor-though there too the greement was bbid to be illegal. Nor does the passage in the judgment in Knight z. Bowyer assist the defendant. For when the language of Lou Romilly carefully looked at, it will be see that ire way there dealing with two separate objections to the right of the plaintiffs in bring the suit. The first, which he said he laid aside, but which he did touch upon, was what was originally As a matter of fact the unnecessary reduction only an equitable doctrine, viz., that a solicitor in freights at Hankow to 20 per ton was the rant purchase his client's interest in a suit, result of ridiculous competition between the steamers Ningchow, Benvenue, and Antenor- and it was that objection which he said the client alone, and not a third person in the suit, which of the three was the culprit in #cutting. could maintain. He then passed-or, more under must be well known to those in Hankow. strictly speaking, returned--from that to the However, as soon as these vessels were full the other objection, that of champerty, which equally Glamorganshire put up the rate to go/- per ton both at law and in equity) if the facts in the case boat) while the rate for Helt's steamers was ad- established it--which he held they did not. Ivertised in Shanghai at through from pass by the reference to Roscoe's Criminal.] Hankow. Evidence," because we are here,dealing not with a crimitial prosecution for an offence, but with the question of what has been hell as between solicitor and client, to make an agreement illegal and vold on the grünind of champerty.
FOR SHANGHAI Stepiship
To-day's Advertisements.
THEATRE.
ROYAL,
CITY HALL, HONGKONG, SUCCESS CROWNED OUR EFFORTS !. UNBOUNDED ENTHUSIASM [{"
A GLORIOUS RECEPTION TENDERED
TO.
[605 WASH NORTON'S
"YANGTSZE.” - Captain C Tänningsen, will be despatched for the above Pots, on THURSDAY, the 21st inst. the above
[614
For Freight or Passage, apply to
SIEMSSEN & Co. Hongkong, 19th June, 1988, ---
STEAM TO STRAITS, COLOMBO PAND BOMBAY, Concetting at COLOMBO with the Company's Steamer" "CHUSAN "for LONDON & INTERMEDIATE PORTS.
af sea, on the voyage. The place had the ship's of cosis in the maiter in question, made up in the would have been a sound objection (but this (the mis rabiy low rate taken by the first Glen" HE P. & O. S. N. Co's Steamship
stores in, amongst other things, Two tons of coals were put in at Bombay, but I don't remember by whom. The casing found the pipe was complete when I had seen it before. I don't know how many crow-bars are on hoard. The carpenter uses crow-bars, but who made the marks on the casing I don't know, I ordered the_mate_to_shut the stop cock, after which, of course, there could be no fear, but the ship would have gone down by the head. If the bulkhead had given way.the ship would have foundered; and it might have given way as the ship is old.
The case was adjourned at this stage till 2.30 p.m. tomorrow.
sensational suit. **His lordship anid
L'ASE.
:
The time-honoured adage ! Live and let live" world seem to be undreamt of in the philosophy of shipowners. If their quarrels and jealousten merely brought disaster upon themselves it would be their own concern. As it is these undesirable But Mr. Wainewright then says, Assuming and unasked for reductions in rate of freight, the law to be that a stipulation for payment in indirectly find their way into the pockets of the the event only of sucess is champerty, it-does--natives, who are thereby encouraged to increase not appear front the agreement in the present supplies, generally at the expense of quality of case that Benjamin was not to pay casts even the teas, and the export becomes accelerated to if nothing was recovered. The short answer the certain loss to shippers. tothar intentima is, that if liability for costs in
To a casual observer it must seem incompre hensible that what should be a sound trade is allowed to be jeopardized, if not entirely ruined in consequence of the tyrannical and intolerable policy of a few steamer owners.
י
NOTES FROM CHINESE PAPERS.
On 2nd June there was a tremendous hail storm at Yangchow (Kiangsu Province), bail. stones falling as large as eggs, and doing much damage to the barley in the fields...
At the outset of his case, as I understood him, he cited the Solicitors Remun:ration Act of 1881 (44 and 45 Vict. « 44) as Justifying and supporting an agreement of the kind, but at the close of his case, he said he would rely on the carlier Act of 1870 (33 and 34 Vict: c. 28). At this time it had become apparent that the Act of 1881, relating, as it did, only to conveyancing and other non-contentinus business, had no application at all la the matter in question.
The plaintiff's Counsel, in opening his case, -THE-BENJAMIN WAINEWRIGHT in reply argued that the agreement was bad any event were a part of the agreemens, it should even under the Act of 1870, inasmuch as it-wis- have appeared in it. I have not overlooked the not signed by both pics, and he cited in fut that the agreement was not put into writing support of that position the case of In re Lewis till after money, irid been recovered, but the
The remedy is simple and is in the hands of Ailer Britannic Majesty's Supreme Court,(LR. 1.Q. B. 13.724). He contended further that agreement purports to state what was the original
visbal agreement. Nor can I bring myself for the shippers upon whom the steamer lines are Shanghai, on June 13th, Mr. R. AMowat, the agreement was illegal as being in the nature Acting Chief Justice, delivered judgment in this of champerty, and quoted on that point In re a moment to doubt that, whatever Bir. Walne-dependent for their very existence.
Attorneys' And Solicitors' Act, 1870 (i.. R.1 Ch.wright may now junagine his ideas were then, D. 573). He said he would also contcarl, if need Benjamin at any rate would have, been very The plaintiff in this case is the widow of be, on the evidence, that fenjanin never much surprised if nothing having been. Benjamin David Benjamin, recently deceased, apprehended the effect of the agreement, but recovered, he had yet been told that he had come under an obligation to pay a 'very The defendant has been a Solicitor of this Court that, even if le did, he was ander undue since 1872. One of his clients was Benjamin, influence" within the meaning of that term in large bill of costs. Res ipsa loquitur. The for whom he began to act in May 1877, and for cases of solicitor and client. As it appeared to amount of semencration ipulated for (Tls, whom he continued to act practically until me that if either of the first two objections were 12,000, that is deducting the earlier costs), and Benjamin's state of poverty (as the defendant Benj'unin's death on the 9th January last. sustained, there would be an end to the case
In February 1885, the plaintiff obtained a without the plaintiff having to give any evidence describes i), alike point to the inference that the dec ce of judicial separation from her husband, at all, I called on Mr. Wainewright to reply agreement meant Tis: 25.000 or nothing. But,
apart from.apy together with an order directing him to pay her them, which he did at the adjoumed hearing. by way of alimony the sum of 7, 150 monthly, He began then by admitting that the case and the costs of the proceedings. On-the-28th--was-narrowed down to the question whether the December, 1887, she filed an affidavit, alleging agreement could stand, but before dealing with that on that date there was due to Ker under the the two objections in question, he took certain order the sum of Els. 2.331.40-an allegation that technical points (as he characterised them) in is not disputed-and alleging further that, as she reply to the purely technical case which, he said, was informed by her husband and believed, the had been made against him. I will refer to defendant was indebted to him in more than these later on. Meanwhile I proceed with his that amount. Upon this the usual garnishee answer to the objections to the validity of the order was made, attaching all debts due or agreement. accruing due from the defendant as garnishet. to Benjamin, and a subsequent order directed that the judgment creditor and the garnishee should proceed to the trial of issues wherein the judgment creditor should be plaintiff, and the- tried therein should be whether the garnishee was indebted to the judgment debtor of the 28th December, 1887. Issued were subsequently prepared on behalf of the plaintiff and approved by the defendant. They are as follows:-***
**TEHERAN":
[615
will leave for the above pitices on SATURDAY, the 23rd instant, at NOON.
For Freight of Passage, apply to
E. L. WOODIN, Superintendent. Hongkong, 19th June, 1838. STEAM TO YOKOHAMA, VIA NAGASAKI, AND KOHE. (PASSING TRÕusit nie-IstvD-SEA.) THE P. & 0. 5. N. Co.'s Steamship
"BOKHARA"
T
will leave for the above places on TUESDAY. the 3rd July, nt Daylıdır.
...E. L. WOODIN,.
Superintendent,
Bongkang, 19th June, 1888.
STEAM TO SHANGHAI, THE P.&O. S. N. Co.'s Steamship
"PEKIN".
will leave for the above, place about 24 hour after her arrival with the outward English |
EL VOODIN, Superintendent.
Hongking, igth June,
STEAM FOR
SINGAPORE, PENANG, ADEN, PORT SAID, MALTA. GIBRALTAR, BRINDĪŠI, PLYMOUTH AND. LONDON; ALSO,
MADRAS, CALCUTTA ANDE
AUSTRALIAMS,
N. Be¬Ċargo can be "TAKEN ON THROUGH BILLS OF LADING FOR ~BATAvia, Trieste, Hamburg, NEW YORK AND 'BOSTON.
PLYMOUTH [`HE PENINSULAU AND ORIENTAL STRAN
NAVIGATION
COMPANY'S Steamship "NEPAUL," Captain S. F. Cole, with Her for LONDON direct, VIA, SUEZ CANAL and usual Poris of call on SATURDAY, the 30th
SPECIE ONLY LANDED AT
FAMOUS
WORLD OF WONDERS, SECOND GRAND PERFORMANCE, THIS EVENING,
the 19th June, 1888,
MR. & MRS. WASH NORTON, Refined Sketch Artists.
THE-MONARCHS OF GROTESQUES, THE HARVEY BROTHERS (William and Charles)."
The Great Original Egyptian, and Oriental.
Necromancer,
ACHMED ALT BEY,
In his unique Entertainment of Egyptian,
Arbin and indoo Illusions. ASSISTED BY - MISS HAIDA”“”,
ALBERT LINTON,
The Wonderful Young Lightning Sketolí Artist...
Mn." WASHI" NORTON,"
In his Astounding Quick Changéa.
ZITKA, THE ENTRANCI¿D LADY,
loating in the
PRICES OF ADMISSION ; — Diess Circle and Stalls Pit....
$2.00
1.2.0
Seats can" be- reserved at Messrs. KKLLY &' WALSH'S; LBHTED, under Hongkong'Hotel, "■ -
Doors open at 8.30 PM, Performance coin- mences at 9 O'CLOCK.
CHAS, DERMER,"
General Agent. Hongkong, 19th June, 1898.
“SHPIRE” LINE OF STEAMERS. FOR NAGASAKI, KOBE & YOKOHAMA,
THE Steamship
(608
"MERIONETHSHIRE," Douting, Commander, will be despatched for the above Ports at NOON, TO-MORROW, the 20th,
For Freight or Pasrage, apply to
ADAMSON, BELL & Co.,
-Agents. Hongkong, 19th June, 1888
[595 *SHIKE” LINE OF STEAMERS.
NOTICE TO CONSIGNEES.
STEAMSHIP " MERIONETHSHIRE,” FROM HAMBURG, ANTWERP, LONDON, PENANG, AND SINGAPORE.
ONSIGNEES of Cargo are hereby informed
that all Goods, afe being landed at their" risk, into the Godowns of the Kowloon Wharf and Godown Company, at Kowloon, whence
Lobtained.
garnished defendant, and that the question to be p. 299), decided in 1879, The Lord Justice there behalf that it was not a case of champeny in colloquial language by the magistrate of Pun Majesty's Mails, will be despatched from thisandjor from the wharves delivery may be
Whetlier the fald Robers Emest Wainewright we on the
As an much wood is required for the construc-
instant, such inference, I rest my decision tion ofthe North Formosa Railroad, the Governor of the island, Liu Ming-chuan, has bought for here on thetwofamiliar legal inaxims, Expressum facit tessare tacitum, and Verba chartarumTs. 160,000 certain machines moved by steam fortius accipiuntur contra proferentim. Mr. power, 10 or more in number, which cut wood Wainewright drew the document which he relics by machinery, and has engaged two foreigners on, and is silent on the matter in question, to superintend operations. And I would here point out that, if it is silent on
The Hu-poo states that the Wonsung.pelty that point, it is very explicit on another point, viz, that the remuneration was to come out of official Chang who was convicted at Soochow and the the money recovered. Now, take it, that sentenced to banishment to the Black Dragon is a stipulation which tho. law does not allow a River (Amoor) for having a man named Wang solicitor to make; it is an additional mark of Yun-heng beaten to death in his Yamèn, com- champerty. In Strance. Brennan (10 furmitted suicide on the 26th May in prison by 649), where the agreement was that the attorney swallowing 2 oz. of oplum. was to have so per cent. on the suin recovered exclusive of Jaw charges, it was contended on his but the Lord Chancellor interposed" IS it not exact champerty? 1: is to divide the produce of a suit. And it seems to me that the objection to such agreements which has existed from the earliest times, viz, that they were against the policy of the law inasmuch as they tended to the increase of litigation, and partook of the nature of wagers ns to the issues of suits, has simply.received statutory expression by that Act, for the first time, solicitors were permitted to charge for their services on a different basis than had hitherto been permitted, that section was inserted to re-affirms the old law. against champerty. When the later Act of 1881, on the other hand, was passed, we find no such proviso inserted, because that Act dealt with remuneration for non-contentious business only. and there was no such mischief to be guarded against in that class of business.
The Hu Pao gives in extenso a proclamation Yu, one of the two districts of Canton, called forth by the many robberies which have occurred there lately, carefully explaining that the robber's profession is an unprofitable and dangerous one, and advising the people to earn their living in more respectable ways.
June, at Noov.,
Cargo will be received on board until 4 P.§.
Parcels and Specie (Gold) at the Office, unti
In reply to Ju re: Lewis, he pointed out that the agreement there was signed by the solicitor (while in the present case the client had signed it), and quoted Lard Thesiger's remarks on that case in Bewley v. Atkinson. (L. R. 13 Ch. D. at
certainly seemed to indicate a doubt as to whether it were necessary that both parts should sign an agreement under the Solicitor Act, but the decision in In re Lewis has been followed in a case subsequent to Bewley Atkinson, and, as it happens, on the very point in the present case. In in re Raven (30 W. R. 134), tried in 1881, the agreenient had been signed by the client alone, and Fry, J., in giving wright on account of the said Benjamin David Berlamin and for judgment; said :-"This agreement is signed by in the 11th section of the Act of 1870. When | ma-sze Street, lived a man called. Wang, whose STEAM NAVIGATION COMPANY'S Office, Hong.
Mrs. Pitt only." It is said by the applicant that that is not an agreement in writing within the meaning of the statute. I think that proposition ly ale said Robert Eraest Wainewright in te about the month of is correct. The Act says an agreement in writing. What is an agreement in writing? There must be a document which shall show all the terms of the bargain between the parties, and shew by writing the accession of both parties to those, terms. So it was held in Tere Lewis, er parte Muuro, which decision, in my opinion, is correct, having regard to the words of the Act."
a8th day of December, LEB, Indebted to Benjamin David Ben- Jamun
Whether the said Robert Emest Wainwright was on the ath day of December, Bay, accountable to Benjamin David Henjamin for monies received by the sald Robert Frasst. Wine- nonies received by the said Robert Ernest Wainewright as 5- cher from the wild Benjamin David Benjamin on account of foss and dishuursensenta or otherwise,
3- Whether the sum of Taals 43,000 or thereabouts received
ctober 18 ans received by him for the are of the said Bien- Jamin David Benjamin and whether on the 8th day of December. 188, balance remained due to the sald Benjamla David Ban- Jamin in respect of such sum so received.
ively.
The said Laua Benjamin malataining the afftmative, and the rail Robert Ernest Wainewright the negative thereof respect Ifthe saki Robert Emner Waltewright was indebted to the jald Benjamin David Benjamin on the sath day of December, 1887, what mam was he so indebted
I sustain, therefore, the first objection taken
At the close of the hearing the 4th issue was by consent altered to run as follows by the plaintiff's Counsel to the validity of the
If the said Robert Ensest Wainewright was indebied to the
saki Benjamin David Stenjamin on tan eta December, 180y, was I in febied 10 the extent of Th1, 333.40, or, if not, in what lone
Outside the Süan-wu Gate of Peking in Ping- wife, only 18 years old, a meek and virtuons woman, was constantly persecuted and nagged at by her husband's old mother, to whom, strictly obeying the Chinese rules of filial piety, she never retorted. One evening, after enduring an unusually cruel scolding, goaded, to des peration, the poor young wife jumped down a wellin front of the house to drown herself. A native yellow dog fortunately immediately. afterwards attracted the attention of the neigh bours by jumping, bariding and howling round the well, and finally by leaping down into it. A man went down the well and found the poor young woman still alive; she was rescued, and eventually recovered, but the yellow dog had already sacificed his life in return for the kind- treated him..
4 Pa., on the day before sailing.
For further particulars regarding FREIGHT and PASSAGE apply to the PENINSULAR & ORIENTAI kong.
The Contents and Value of Packages are re quired to be declared prior to shipment.
Shippers are particularly requested to note the terms and conditions of the Company's Black Bills of Lading.
E. L. WOODIN, Superintendent:
P. 50. S. N. Co.'s Office,
· Hongkong, 19th June, 1888.
ZETLAND
*
No, $25.
LO D GE,
1843. The case of Philby Hazle (29 L.J.ment of debts cannot be applied in respect of an ness with which his young mistress had always, A LODGE will be held in FREEMASONS
N EMERGENCY MEETING of the above
HALL, Zetland Street, on SATURDAY NEXT,
Having thas held that both the objections to the validity of the agreement are well-founded, it only remains now to consider whether the agreement under the Act of 1870, and it three technical points, as the defendant called follows that we have to look at the agreement them, which I left to be considered later, avail as it would, stand under the earlier Act of bim. The first is that the procedure for attach- C.P. 370), decided in 1860, at once sattles that unascertained balance. Four, cases were cited on the point (Johnson v. Diamond, 24 L' J. Ex. question. There the four judges of the Common Pleas all held that an agreement between an 217, Jones 7 Thompson, 27 L.J. Q.B. 234. Hall attorney and his client, under which the attorney . Pritchett, LR. 3. Q.B.D. 215, and Webb' v.. was to be paid a lump sum for business done by Stenton, L.R. 11 QED: 518), but none of them him, was vold; the attorney was entitled to have ppear to me to support that contention, or. The same indeed to be in any way applicable to the pre bis taxed costs, but nothing more, rule was laid down in 1867 in fare Brady (15 sent case, which (it is sufficient to say) is dis- BY DR WAINEERING waded you (Tur, apo W.R. 638), where Lord Romily, M.R., said, Astinguished from them all by the fact of the Forty-five Thousand Tacls in Bank notes, whles i recolved from to the bill of roo quintos, I am of opinion that undisputed receipt by the defendant of a definite water large as a roof-beam, carless, eyeless, Shots, Model 1873
the agreement beforehand to accept a sum in sum of money belonging to the judgment debtor lieu of casts is not legal."
for which be bas not accounted,
The sum of Tis. 45,000 mentioned in the ard issue is referred to in a letter dated 27th December, 1887, and addressed to the defendant by Benjamin, Mrs. Benjamin had returned to her husband some little time before this. He was then extremely ill, Indeed be died within a fortnight after the letter was written. It was in these termsmat ..
Stanghal, arth December, 1981.
::Mema: E, D. Sastoon & Co., and put of which amount you have `naldun my account as follows
To Captain Law about................................
the Parasauku
13h 7.000 3,000 1,000
me at times, assegnonapsanguionian na including the sum of Thi. 1,300 paid to R. Ac Gubbay, Esq.
The result, therefore, is that the agreement cannot stand under any, of the Acts, and 'cange- quently 1 might pass over the other objechon to the agreement viz, that it is void on the ground of champerty, bat as there was considerable discussion on that branch of the chise, and as it Kindly hard over the balance for the beseft of thy wife and is no doubt of general importance, 1 think it
proper to deal with It also,
Palasco ewing to shệ mànig
your charges.
children.
Wincia,
Thai #0,000
Vours slescerely's
BD B
W. B. JAHIRSON, It had been enclosed to defendant in the fol. lowing letter from Mrs. Benjamin's Counsel :--
Bagbal, wyth Decober, By.. MY DEAR WATHEWRIGHT, enclose a letter to your address from Sir. . D. Denjamin, referring to say of Forty-tre [Thousand) Taola handed to you'en bis account, le which, after giving credit for certale payments stade by you, he states there balance owing to him of Twenty-five thousand Taels loss your charger, and he requests you to hand over the balance the benefit of his wife and children on behalf of Mes, Benjamin' I shall be glad to know what deduction has to be made for your sharges or the Twenty-five thousand. Taela, and what you propose to da with reference to the payment of the net balance.
Yours truly,, **,
H, S. WILKINSON,
to which the defendant replied
Gold Shanghai; with December, 1337. MY DEAR WILKIHson,-In reply to your letter of yonjedzy ev Tienjamin with an enclature written by Mr. Silas, i have to any that I will have mỳ hills of posta made but, sa, soơn mà 1 can, and will then render an account of the sun to witch, you: efer Mamwhile, I have only to add that I do not owe Mr. Benjamin asa cent, as he is well aware Polje og Yours truly,
RE WAINEN RIGHT, E
that in of
On the and point, viz, that a judgment-creditor cannot set up a claim which the judgment-dehtor never set up-no cases were cited, and l'appre bend none could be cited. The fact that the judgment.debter attempted to assert: a claim, cannot affect the existence of the right given to the judgment-creditor of claiming money due to the Judgment-debtor when it can be found. If it were otherwise, debtors would be able to place or leave funds in the bands of thin persons and so defeat their creditors.
The 3 point, that none of the Solicitors' Acts apply out here does not, in the circumstances of the case, Jeem to me to require notice,
The defendant's whole case, then not only
About outside the Yung-ting Gate of Peking, at a place called Liang-shui Ho (Cold- water River), there is a delightful little lake, suT. Tounded by umbrageous trees, where the pepple love to go angling in summer evenings. the 26th of May the anglers. suddenly became aware of a strange creature floating upon the noseless, tongueless, formless and hapeless, One of, the anglers, a man called L, touched it lightly with his rod in sport. The thing, with a furious snost, dived, and disappeared from view, Immediately the water rose, and flooded the surrounding country to a depth of several feet; the people being seen ten cottages being washed down. The next dying from the inundation to higher ground, and morning it was found that two men had been drowned. "What a pity, says the Hubao, that we had no longer the bright sword of Chow Hiao-how, to slay this marine monster.
To-day's Advertisements.
The case here relied on by the plaintiff was one before the late Master of the Rolls, Sir George Jesse), and is reported, in L.R, Ch. D. 573, and 45 L. Ch. 47. under the title in re Attorneys and Solicitors Act 1870. There, by clients, menipulated the site event their clients, it solicitors succeeding in recovering certain pro the substantial but also the technical points, perty for the clients, they should receive, in having been thus reviewed, I have only now to addition to the costs ordinarily allowed as decide the 4th Issue, as amended at the hearing: between solicitor and client, to per cent. on the Was the defendant indebted to the judgment THE CHINESE INSURANCE COMPANY, value of the property, recovered, and that if no debtor on the 28th Dua., 1887, to the extent of property should be recovered beyond a certain Tis. 2,331-491 or, if not, to what less exient? legacy mentioned in the agreement, no percent On the defendant's own evidence, I find that he gehould be paid, on due amount of such was so indebted to at least that amount: His Icgacy, but the solicitors should receive merely own estimate of his bill of costs is Tis. 10,000 was done exclusive of disbursements (which were stated la pursuance of the agreement, t
to be Tis, 880) ;; there was a bill for antecedent costs of about Tis, 3.000 (also an estimate); and ruited it, under the provisions of the Act, to the Paxing-master for his opinion whether it was account, orech evidense, shows and reasonable. The Taxing taler (omitting the money claimed under the agree certified that in fila opinion the agreement was ment a balatice in his favour of Tis. 6,604.60
casts out of packet. Before anyicitors sub-
In contravention of the 11th section of the Act, When these sums are added together, there is
but required the opinion of a Court of Equity to lef, out of the Tls 25,000, more than the be Laken thereon The matter cane before Sir amount due to the Judgment creditor. George Jessel, who thus expressed himself: “Ta guard against champerty, sections provides in Wilkinson moued for judgment for the that nothing in, the Act contained shall be amount clairied,
At the commencement of the case, Mr., Walte wright admitted the receipt of the Tis, 45,000, and the accordingly begun. In the witners bor: ho predused an account dated Apill, 1888 (that is, three months after Benjamin's death), and construed to give validity to any purchase by a headed Mr. R. E. Wainewright in account with solicitor of the interest, or any part of the interest, the Estate of Mr. Benjamin, deceased. He of his client in any, suit, action, or other therein charged himself with the receipt of the contentious proceeding to be brought or main Ti 45,000 in question, and credited himself tained, or ip give validity to any agreement by with sundry payments, which in silleft a balance which a solicitor raisined to prosecute any suit (an corrected by his evidence) in his favour of or action, supulates for payment only in the Tla. 6,604.60. The question, in this case arisen | event of success in such suit, heilon, or proceed out of the first only of these payments, which iming in short, any agreement which amounts to thus entered in the account) —
Mr. Wainewalght said that canekdering, the very short notice he ought to have a little time before final judgment was pronounced.
His lordship Certainly. There is no hurry, I take it
Mr. Wilkinson said he only made the applica- tion because he thought it might be convenient. fat the Court) but he was quite prepared to accede to Mr. Wainewright's applic champerty. He then, while holding that the Mr. Wainewright said he thought it might be 1885, October 19th--Self, amount agreed opinion of the Court could not at that time be deferred til Monday, if that would.
remuneration for case against E. P. lakes on the agreement, as nothing had them to the
LIMITED.
OTICE is hereby given that an EXTRA
N ORDINARY, GENERAL MEETING of the CHINESE INSURANCE COMPANY, LIMITED will be held at the CITY HALL, Viato lá, Hongkong, on TUESDAY, the 3rd day of July, 1889, at 3.30 of the CLOCK, in the Afternoon. when the subjoined which was
at the Extraordinary Meeting of the Company held on the 18th day of June, 1888, will be submitted for confirmation as
the 3 rd instant, at 8.30 for 9 precisely
Hongkong, 19th June, 1888. Visiting Brethren are cordially invited.
[620
* WANTED TO PURCHASE, “. 10,000 WHITNEY
KENNEDY'S Improved WINCHESTER'' MUSKETS, › 17
Optional Cargo will be forwarded - unless notice to the contrary be given before Noon, TO DAY.
No Claims will be admitted after the Goods have left the Godowns, and all Goods remaining undelivered after the 25th¶nstant, will be subjeck to rent.
All claims against the Steamer must be pre- sented to the Undersigned on or before the asth instant, or they will not be recognised. * No Fire Insurance has been effected. Bills of Lading will be countersigned by
ADAMSON, BELL & Co.,
*** Agents.
[595 Hongkong, 19th June, 1888.
·INDO-CHINA STEAM NAVIGATION
COMPANY, LIMITED.
FOR SINGAPORE, PENANG, AND
THE
CALCUTTA. `HE Company's Steamship:
"TAISANG," Captain Jackson, will be despatched as above, TOMORROW, the zoth instant, at 3 P.M. modation, specially constructed to meet the This Steamer has Superior First Class Accom- requirements of tropical climates.
For Freight or Passage, apply to
JARDINE, MATHESON & Co.,
General Managers. Hongkong, Fath June, 1888,
· [592)
Insurances.
NOTICE
30 MILLION CARTRIDGES FOR SAME
These Muskets must possess the following- advantages over the old pattern Winchester Muskets More simple in mechanism, act quicker, canner get out of order, all the openings. THE MAN ON INSURANCE COMPANY,
must close automatically so as to prevent sand or dust entering the breech, and must be altogether stronger and anfer.
In ontward appearance and handling they do not differ. They must fire the same Cartridge *of Cal 44.
TERMS OF CONTRACT,
The whole must arrive in Hongkong on or before the 31st January, 1889.
5 of an.ount of Contract can be paid into one of the local Banks (as bargain money) on: signing of contract, and the balance after arrival of Murkets and Cartridges in Hongkong, sad found equal. ic samples, which must be forwarded to the advertisers with the Tender.
All samples not approved of will be returned
to senders)
Tenders, in writing, to be sent to the Under signed, on or before the agilf instant,
LIMITED.
CAPITAL SUBSCRIBED.........
$1,000,000,
The above Company is prepared to accept ŠTARINE RISKS. at CURRENT. RATES on GOODS, Re Policiesgranted to all Parts of the world. sppable at any of its Agencies.
WOO LIN YUEN, pala Secretary, HEAD OFFICE, No. 2, QUEEN'S ROAD West. gkong, 1st February, 1883.
NORTHERN ASSURANCE COMPANY,
ons, in conjunction with Messre HE Undersigned having been appointed
TURNER & Co., for the above Company, are prepared to ACCEPT RISKS against FIRE at CURRENT RATIB
W. HEWETT & Co.. Hongkong, ytJund, 1888. [61
N₤373 GENERAL NOTICE.
THE ON TAL INSUR
CHINESE-DEPUTY; Care of the Office of this paper. Hongkong, 19th June, 1889.
NOTICE.
X7E have this day started as SHARE and
RAETOR
Company, wound up voluntarily in We specialVU GINERAL BROKENS under the same;
Association and under the provisions of the li accordance with the Company's Articles of Companies Ordinances 1265 to 1886.” Danh Should the Resolution be confirmed a further Resolution will be proposed at the same | THE "FOUR CROWNS RESTAURANT Meeting r
That the Board of Directors for the time being and the Secretary, in accordance with the provisions in the Artloles of the sald Com-
Hongkong, 19th June, 1888. * [817
"AND
READING ROOM;? No14, COCHRANE STRIKT.
pany, be appointed Liquidators for the pur M Coffee, Tea, Cocon, and Aerated
pora of such winding up; Dated the 18th day of June,
By Order of the Board
EALS at all bourg he moderate
*Musical Entertainme
MLAGOWER:
Han kong YouD:s uns YES
COMPANY,
FED.
60,000,
Lou
DIREC
LO YEUX MOON, E34,
OFFICE
AMEL
Pallaparte, of the
PRAYA WES: