70
·SHAN GHAF ROBBERY,
THREE HUROPEANS ARRESTED.
RICH RUSSIAN LADY MULCTED 812,371. [From Our Own Correspondent.]
Shanghai, 6th March,
2.40 p.m. Mr. Hundley and Mr. and Mrs. . Childrosa have been arrested on a charge of being concerned in the robbery of $12,971 (gold) together with a quantity of jewellery belong ing to a laly, Mrs. Gerdetz, residing at the Astor House, Shanghai.
It is alleged that they entered Mrs. Gerdetz's room in the Hotel, ransacked it, and took all the valu- able they could lay their hands upon.
Mrs. Childress was on friendly terms with Mrs. Gerdotz, who is a rich Russian,
The affair has caused something a sensation in Shanghai.
OBITUARY
THE HONGKONG TELEGRAPH SATURDAY, MARCH 10, 1906.
an account of what cheques were drawn, only the Bank-book showed that,
Mr. Wakeman: Then your books were not properly kept That I can't say if other people in the office sent money to the Back and drew cheques without telling me anything about it. All the money I received 1 account
claims to the extent of $151,326,61 on our no- expired risks during 1905, so that the year has only resulted in a profit of $131,448,29; this, however, enables us to pay our usual dividend of 56 per share, and to transfor $11,448:29 to the extra reserve fund. Your directors regret that they are unable to recommend the bonus of $1 per share as distributed lasted for. year, but this can only be expected when rosclis
Mr. Wakeman': How much money did you exceptionally favourable. Turning now to are acting account of 1905, it is pleasant say that was allowed to draw S25 a month.
take away for your own use? Well, I can't
to be able to report that the sum of $344,098.98
The further examination was adjourned, is the largest that has been carried forward ordinary good fortune we have every reason to since the inception of the Company, and with hope for a much better out-inre than the pra
Both pr
premium
and interest ants show increases, and with regard to accounts the former, this is especially satisfactory, as at the end of last year, we closed down a part of our London business which was proving un- profitable. Losses during the year were above the average, but this is chiefly due to the un- fartunate conflagration in Cebu in March last by which we suffered considerably... The Com- pany's surveyors have reported upon the pro- perties in Hongkong under mortgage to us And the Board are perfectly, satisfied with the security in each instance. I am sorry to say that Mr. G. L. Tomlin has had to go home on
Re Mak Wai Chuen, ex parte the debtor, In this case the public examination, of Mak Wai Chuen was opened by Wakeman, Mr. R. Gardiner, of Mr. O.D. Thomson's ofico, appear ingtowatch proceedings on behalf of the debtor. Debtor said that about 14 years ago he started business E
Chinese wine merchant under the name of Sui Sun Yin, with a capital of
$2,000. In those years bus pleasantly and he generally made a mat proft annually of $200, or 530, Lately the business had fallen off and so he had had to stop business as he could not pay bis debts, and did not want any more credit:
Mr. Wakamasi To what do you attribute your failure to make the business pay?
Well, business was dull everywhere, and peo-
Shortly after, I'lant returned to. England, hay- ing settled everything to his " satisfaction. When the bill was due the Bank could not obtain the money, and this action was brought five days later. The defence was, broadly, that the alteration on the bill to the name of the Bank rendered the bill invalid for want of a further stamp.
Mr. Sharp submitted that the Bank was entitled to recover, as the alteration was made for the purpose of carrying out the origina! intention of the parties, and therefore the mole was not invalid or vitiated, and he would there. fora ask for judgment for the plaintiff Bank.
Mr. Sharp called Mr. Playfair, but Mr. Slade said he could not hear his evidence until be was in possession of the documents.
The Chlef Justice said he thought it would, perhaps, be better before calling Mr. Playfair to read Plant's evidence taken under commis-
sion.
Mr. Sharp said that would be as well, but Mr. Plant was a very unwilling witaass, and it was difficult to know whose witness he was, as the He then read the plaintiff called him and the defendant was also anxious to call him. evidence which was to the same effect as Mr Sharp had mentioned in his opening statement. Mr. Playfair's evidence was then taken in support of the statement of Mr. Sharp, and the cats was adjourned.
7th inst.
CLAIM FOR WORK DONE.
PLAN OR NO PLAN?
8th inst. In Summary Jurisdiction this morning, Hj. Honour Mr. A. G. Wise, Puisne Judge, pres siding, the Hung On Chan firm sued the Tak Lee Loong firm to recover the sum of $811.00, being, an to $701.60, the amount paid to Messrs. Yuen Mo, by the plaintiffs on behalf of the defendants for work done on premises Nos. 8o, Br, and 82 Connaught Road, Central, and as to the $tzo being the cost of a plan of the premises.
Mr. Otto Kong Sing appeared for the plain. tiff, and Mr. C. F. Dixon of Mr. John Hastinge
|
ant, who wanted to conduct the case on his be- hall. His Honour, however, learning that she was not a party to the suit, ordered her to
go and sit down and hold her tongue.a roma.. what vivacious one.
Wing Sbing said the other defendant had gone to his country, Witness told the plain, tiff not to advance the money to defandant, but, he would do so he had to sign” the note produced.
His Honour Next time you are about to: sign anything you had better take that lady with you (pointing to first dafcadant's wife); you are too old to conduct your own affairs, and need a guardian.
Judgment for plaintiff with costs.
NEWS ON THE CHEAP.
A LONG-UNPAID SUBSCRIPTION. In Summary Jurisdiction this morning, His Honour, Mr. A. G. Wire, Paisne Judge, pre siding, Mr. G. Murray. Balo, proprietor of the China Mati, sued James Lockhead," nasistant - at the Quarry Bay Works, for recovery of the sum of $57.80, being the amount of subscription due by the defendant to the plaintif for the daily issue of that journal as from January, 1904, to August, 1905,
When the case was called the defendant was
nil the remarks #Penderecovery. Thano are pla could not afford to drink so much zamiku, The case in which the National Bank of
so the sales foll off and I lost my profits, add | China; Ld, suos P. Lemaire and Co, for racovery structions that the work was to be carried our absant, and after proof of service of summons,
sick leave and I am sure that you will all join me in wishing him a
you will expect from ms, gentleman, and will therefore conclude by moving: "That the Directors' report and stato- ment of accounts for the year 1905, as present. ed, be adopted." After this has been seconded, I shall be happy to reply to any questions that may be put relating to the business before the meeting.
No questions being asked,
so.1. had to close the business. ·
Did you not try to sell it ?I did, but could not succeed.
Wakeman: I don't think I need ask any more questions, unless your Lordship wishes to suggest anything?
His Honour: No, I've nothing to ask have you anything, Mr. Gardiner?
Mr. Gardiner: No, my Lord, I've no ques- Mr. Wakeman: Then I would ask that the examination be closed,
The Chairman proposed, and Mr. J. Orange seconded, the adoption of the report and actions. counts.-Carried.
On the motion of Mr. W, G. Saundert, seconded by Capt. Goddard, the Hon, Mr. R. Shewan and Mr. N. A. Siebs were re-elected
DEATH OF MR. W. W. CLIFFORD.
[Prom Our Own Correspondent.]
Shanghai, 5th March,
4.45 p.m. Mr. W. W Clifford, secretary of the Shanghui Electric and Asbestosed Company, died to-day.
11
directors.
Mr. A. V. Apcar proposed, and it was second- by Mr. A. Forbes, that Messts, W. Hutton Potts and A. R. Lowe be re-elected auditors
He had been suffering from Carried unanimously.
bronchitis.
SMALL-POX IN SINGAPORE.
ONE EUROPEAN SUCCUMBS.
FIVE DEATHS ON A CALCUTTA VESSEL.
[From Our Own Correspondent.]
Singapore, 7th March, 1.20 p.m. An outbreak of small-pox in Singapore is causing great uneasi ness among the general public.
One European succumbed to the disease yesterday evening,
The steamer Fultala, from Cal- cutta, arrived at Singapore to-day, and reported that there were five deaths from small-pox during the
voyage.
Fight fresh cases are reported to day.
ALARMIST RUMOURS.
CHINESE EMPEROR'S EDICT,
STUDENTS' FATRIOTISM INVOKED AGAINST ANTI-FORRION FEELING.
[From Our Own Correspondent.]
Shanghai, 7th March,
2.80 p.m. Alarmist rumours are prevalent regarding the situation in Peking.
"An Edict has been issued in the name of the Emperor of China, ex- horting the people to maintain cor- dial relations with foreigners.
The patriotism of the students throughout the Empire is invoked against the anti-foreign element in China,
THE CHINESE. EDICT
VIGOROUSLY ENFORCED BY
OFFICIALS.
ANTI-FOREIGN ELEMENT BEING STERNLY REPRESSED.
[From Our Own Correspondent.]
Shanghai, 8th March,
3.35 p.m. The Chinese Government and chief officials in the Provinces, in pursuance of the Emperor's Edict, are taking strong action to prevent a repetition of the Nanchang tragedy
The anti-foreign element in the population is being repressed with a firm hand.
THE CHINA FIRE INSURANCE COMPANY, LIMITED,
ANNUAL MEETING.
8th last.
The thirty-seventh ordinary meeting of the shareholders in the China Fire Insurance Co., Ld, was held at the Company's offices, si naon to-day, for the purpose of recalving a state-
The Chairman-That, is all the business, gentlemen, Thank you for your kind attend- Dividend warrants will be posted this
The meeting then ended,
ance.
afternoon.
BANKRUPTCY.
In Bankruptcy Jurisdiction this morning, His Honour, Sir Francis Piggott, Chief Justice, presiding, is the case of Mat Kwai Chuen ex parte the debtor, The Official Receiver applied for an adjournment which was granted.
SHAN WAN SU1, ex parte CHAN WAN. In this case the public examination was
or
opened of Lai Vuk Sang who said he was partner in the Shan Wan Sui firm, coal mor chants. Mr. G. H. Wakeman, Official Receiver, conducted the public examination, and M., F. X. d'Almada e Castro watched proceedings on be half of the creditors. Debtor said he commenced business in January 1904, investing 52,500; and bis partner Wang Yui Nam $1,500. They used the capital to buy goods. The principal persons they dealt with were the japanese firms of Shun Shem and Yet Sheun. Debtor sold
coal to steam launches and restaurants, and sent coal also to Canton shops. Debtor was
managing partner and looked after the buying and selling his partner simply looking after the shop, receiving money when it was brought in in payment for goods, and making payments when necessary. He received $5 a month for doing that. He did not receive any interest on his capital as the, business showed a loss. Denor paid his coalies $1, $5, $7 or $9 per month, and gave them food, and provided barbers and tobacco for them. His partner received less than some of his fokis. Debtor' saved up the $2,500 in put into the busi ness. In one year he generally spent about $250 for family expenses. The business stop ped paying owing to bad debts, and his not able to collect them. The list of debts Den by debtor was correct, and they wers all good debis, but the debtors refused to pay they lived in Canton. They had property and were able to pay those debts. Debtor was living at No. 26 Tung Wild Lane, first floor. He had no property.
Mr. Wakeman thought it unnecessary to ask any further c questions
Mr. d'Almada applied that an adjudication order be made. He attended a meeting of the creditors when nothing was done and no resolution paused; and he would ask now that the Official Receiver he appointed trustee in
the matter.
The adjudication order was made, the Official Receiver being appointed trustee.
1
His Honour: And that he be adjudicated? Mr. Wakeman: Yes, my Lord. Mr. Gardiner; I've no objections to offer, my Lord.
+
of the sum of $10,000, due on bill of ex change, was continued this morning before their Honours, Sir Francie Pigott, Chief Justice, and Mr. A. G. Wise, Paisne Judge,
Mr. Play fáir was recalled and stated that when Fact applied for a renewal of the bill, he did not apply as liquidator but as represent ing the acceptor, and witness ultimately allowed the renewal to Plant in his capacity ns agent of the acceptor.
Witness said it was not true that he told Plant to alter the note by erasing his name and inserting the name of the National Back of Chios. Witness told him to bring a note pay. able direct to the Bank. He did not return the original bill to Plant on the renewal ns that would have been giving up one of the evidences of the debt. The bill had never been out of the possession of the Bank at any time.
Cross-examined by Mr. Sinde. Mr. Playfair DISPUTED BILL OF EXCHANGE. said he told Plant to get another note, as the
Bia Honour: Adjudicated bankrupt; the Official Receiver baitig appointed trustee.
The Court then adjourned.
ACTION BY THE NATIONAL BANK.
6th inst.
one he brought was not according to the agree ment. He did not remember his actual words, but they were to that effect.. He thought all the dishonoured. bills had gone to London. They were payable in the ordinary way, usual. ly 90 days after sight. He did not know to
whom they were made payable.
Mr. Slade: You saw the bills and musi
-In Appellate Jurisdiction this morning, their Honours, Sir Francis Piggott, Chief Justice, and Mr. A. G. Wise, Puisne Judge, on the bench, the appeal in the case of the National Bank of China versus P. Lemaire and Com-know to whom they are made payable ?—I didn't pany, was called on for bearing, in which the see the bills, and I didn't enter them in the bill plaintiffs sued the defendants for the sum of book, and I am not going to answer what $10,000, being the amount due on a bill of don't know. exchange.
Mr. E. B. Sharp, K.C., instructed by Mr. H.
Mr. Slade moved for an order that this action be dismissed, or in the alternative, that execu tion be stayed. An affidaint has been filed
Mr. Justice Wise: Yes, I know, and it is a very long one, and 1 read it five minutes ago, Chief Justice: is it necessary to read it? Mr. Slade: I think your" Lordships should have it.
Mr. Sharp: If it will shorten the matter at
Continuing witness said that in order to facilitate matters he did deliver up some of the
bills before payment, and the National Bank of
office appeared for the defendant arm. Mr. Keng Sing said the plaintiffs were the keepers of a Chinate boarding-house, and in July lasi took over new promises. These houses were Chinese, and constructed in the ordinary way of such bouses for Chinese residents, each containing three upper flats, making is all nine fats. When the plaintiffs took these **** houses they wanted some alterations made, as they intended to use them as a Chinese boarding house. With that end in view they engaged the services of an architect to draw plans of the alterations, and there plans word passed by the P.W.D. The defendants were then engaged as contractor, and the plans handed over to them, with in- according to those plans. The contract price was 53,135, and this was increased to
which $1,140 bad been paid by the plaintif When the work was completed the defendants notified the plaintiffs and everything appeared to be all right. In a month or two afterwarde however, an officer of the P.W.D. inspected the buildings, and found they were not con. structed according to the plans, nor were they
The Hon, the Attorney-General, Sir Henry in compliance with the Public Health and
Berkeley, appeared before His Honour, the Buildings Ordinance. Notice was then given Chief Justice, Bir Francis Piggott, sitting In to the architect, who, on inspecting the pre-Appellate jurisdiction, and being instructed by mises, found they were not constructed in compliance with the plan he had submitted He then had another plan drawn, and in order to save expensa had the view plan so drawn as to take in the work already done.
of
Leung Tak Lien, enlled, said he was a part- ner in the plaintiff firm, and spoke to the making of the contract for the alterations men. tioned, and spoke to the P. W. D. inspecting the premises and informing him that the alter ations had not been made in accordance with the requirements of the Building Ordinance Witness first knew where the work was wrong when Mr. Brotherton Harker came and told him they were not carried out according to his plan, and pointed out where the contractors bad gone wrong.
claim,
and proof by the plaintif of the amount of the Judgment was given for plaintiff with costs,
NEW TERRITORIES LAND,
LEAVE TO APPEAL.
the Crown Solicitor, Mr. F. B. L. Bowley, anid that in the case of To King, and his claim to certain waste' laud in the New Territory, bo moved for leave to appeal to the Full Court, on behalf of the Crown, against the decision of the Land Court, ("it was called a judgment, but that was wrong it was a decision only") which allowed the claim of one To King to certain land within the boundaries of the New Territory. The ground on which he moved for leave to appeal was that such allowance of To King's claim was crroneous, in law, o To King did not establish his tide to such land, as against the Crown, before the Land Court, This application was made under Ordinance No. 13 of 1933, and it would be observed by that Ordinance that at any time. Cross-examined by Mr. Dixon, witness said
before title was finally granted to the holder of he only knew the work was not properly doneland in the New Territory, the Chief Justice was when Mr. Harker told him so. He never had power to grant leave to appeal against any told the defendants he was quite satisfied with decision of the Land Court. The decision the way the work was being carried out. He had been down to the premises twice during the against which he now sought, on behalf of the time the alterations were being carried out, He Crows, to appeal against was dated igot. The land claimed by To King was a very large area was a clerk in the office of Mr. Otte Kong Sing under cultivation, with houses and orchards, and was also managing partner in the plaintiff and extensive foreshore, in the Lau Chau Wan village, but the foreshore was not allowed in the Land Court decision.
firm.
Mr. Brotherton Hacker, architect, remarked that he could not possibly say whether $700 was an excessive charge for the work,
His Honour: That's just what I said at the first, the amount must be referred to somebody, competent to speak about it.
I may say that we are perfectly ready and willing to meet the other side in every way, We have given them every possible document relative to the case as far as we understand it, but if there are any others' that they requirebat he did not object to it, and will indicate to us the nature of them wa Mr. Slada: You guaranteed the costs of the will be glad to supply them. We have pro-liquidation ?—Not of
any liquidation. duced all the books, and a ton of documents. Mr. Slade! Did you pay the coats?-Yes,
Mr. Slade said that they bad applied, time under the guarantee. The firm had been prac and time again, for the documents, and had tically in liquidation for the previous three indicated the nature of those they required months. In Piry's account no discrimination until they were tired of doing so. He then was made between the actual liquidation and read the affidavit in full, and afterwards ssid the legal liquidation. They hoped to recover that until he had been put in possession of all the costs 60 guaranteed, and paid, from the the correspondence that had taken place rela present defendant. He received $4,380 from live to the case he was unprepared to go on England, and it was applied towards the credit with it. Without all those docaments it wa of some of the Bank of India's dishonoured impossible to arrive at a clear understanding bills. of the case.
W. Looker, of Messrs. Deacon, Looker and Deacon, appeared for the Bank, and Mr. M. India, who bad endorsed the bills, made a claim w. Slade, instructed by Mr. F. Page: Hett, of against plaintiff Bank for exceeding their in- Messrs. Brution, Helt and Goldring, represructions, plaintiffs being their agents. That sented the defendart company.
claim was compromis: finally for £2,000. It was hoped that the money they expected to recover from Lemaire and Co. would reduce the amount they had to pay. The claim in respect of the dishonoured bills was disallowed, as it was held they overlapped the claim of the National Bank of India. If witness had not exceeded his instructions, in parting with some of the bills, the Bank of India would have had no claim against him, or his Bank, but the loss would have been very much greater. The dis- honouring of the bills was practically the firm's
His Honour: Yes, I have them here, and I failure, and witness gave Messrs. Wilkinson think it would be impossible to carry out the and Grist a guarantee for their costs in the work on such rough instructions. matter. He did not suggest the liquidation,instructions are sufficient for enabling the men Honour to witness-Do you think these
to carry out the work?
The Chief Justice: And that is a fair challenge.
Mr. Sharp said he would submit that there all the documents, As far as he producing all the duction their honesty in apprehended the case he understood that
The Chief Justice: If a customer brings you a bill and asks you to keep it in your custody and collect payment when it is due, and it that bill is dishonoured, and you protest
your customer ?—Yes, certainly, it, you would debit the costs of such protest to
But if the note was endorsed over to you, every possible document relevant to the matter you would have to bear the costs?—No, the had been produced, and they had not #pp:|árm dishonouring the bill would be held pressed anything that is any way appeared responsible. relevant, but he would teave it entirely in their But in your books there is no entry to show Lordabips' hands, 'so that if they decided that that the bill on which you are now suing was any other documents were relevant and neces-colorsed to the Bank, and you are suing as saty to a clear understanding of the case, they holder?-Yes, because the bill was transferred would, as far as possible, be produced.
absolutely to the Bank.
The Chief Justice said that perhaps it would be as well to adjourn the further discussion on that point, to renew it at a later stage of the caseas the case developed,
Counsel agreed.
Mr. Sharp said that the Bank was suing des fendant on a bill of exchange, and in the alter native the defendant is sulog the Bank on a note. In 1902 the Bank in England began buying Bills from Shewall and Co. on their
But there is absolutely nothing in your books to show it.
The cross-examination. of Mr. Playfair was then, postponed; on the application of Mr. Slade, who said he was unable to go on with cut the production of certain books and decu ments from the Bank, and the Court adjourned.
gth inst.
In Original Jurisdiction this morning, before the full Bench, comprising their Honours, Sir Francis Piggott, Chief Justice, and Mr. A. G. Wise, Tulane Judge, the case of The Nationa Bank of China "verine Messrs. P. Lemaire and Co. was called on.
THE CONNAUGHT HOTEL. The public examination of Chau Hing Loong, one of the partners, the late pari proprietors of the Connaught House Hotel, im Queen's Road, Central, was conducted by Mr. G. H. Wakeman, Official Receiver. Chau Loong said that he and his four partners red the business on the 1st of November. 1974, the partners, with their shares, being Lai Chun Fung, Soo, Ho Sul Min, $1,460, Chau Hing Loong, $1,000, Chol Chul Chan $940, and Si Fook Sing, 2,600, making a total of $7,500. Chau Hing Loong said he was one of the partners of the concern and he attributed then Hongkong agents, Pirie and Co, and the failure of the business to the fact they were drawn in respect if goods shipped by Shewell and Co. to Pirie and Co., and ali that they had very fow guests, many rooms vacant, and some unpaid accounts. Witness the documents were deposited with the Bank. said he had nothing to do with the collecting In April 1904 Pirie began to get into difficul His Honour the Chief Justice, addressing or disbursing of money of the business, neither lies, and also began to dishonour these bille.
Counsel, said?--It must be apparent to both did he sign any chequer It was in August of Ultimately the Bank held the dishonoured bills sides that after the evidence adduced from the fast year they found they could not continue and documents to the extent of $50,000 or books, we are both, subject to anything further the business and they had to close up. 160,000 approximately. A representative Mr. Mr. Sharp may have to say, of the opinion that the
The compradore was called and one of the Plant then came out to try arrange Piris's
caio cannot go any further than the books of the creditors, Mr. Hang Mak Hai, cross-examined | affairs and reduce his to the Bank Mr. Bank, and that the books did not show th it any him as to the indebtedness of the firm.
Plockney, who was then in Hongkong, credit was given to Piry's liquidator's account Chan Mak Hoi: Is it not a fact that during pressed for payment. At this time, sisc, Mr.
when they took the promissory note. the last four months before you closed up the Playfair returned to the Colony and continued thought it sight to let you know in time be business and it was sold, you made $15,000? to press for payment, and subsequently lent case we considered the matter yesterday, and
-I don't know ; look at the books.;
the documents to Piele in order to let the Chiwe thought would save both sides enormous a consignees take up the contracts, and in amount and trouble of costs involved bunting this way large number of the dishonoured through shebooks. We want you clearlysorealize bills were taken up. Later Mr. Plant was ap theview wotaksinthomatter, that the books don't pointed liquidator of Mr. Piris. Is taking show that the bill of exchange and the note np the contracts Plant was enabled to
were taken over and credit
given for them, and the liability of. Pirie to the thus the Dank was merely the holder. Our reduce Back to about $12,000. The defendant authority for this is Curry Misis, and the
Is it not true you owed three months' rent? -I don't know anything about the ront due. And did you not owe about four months for provisions supplied to the hotel?-1 don't kcow, I had nothing to do with the accounts.
Is it not usual in hotels to make up the accounts monthly 7-Yes.
aesa
We
ment of accounts and the report of the directors guest who received the money from the had given his acknowledgment, through deadalo Bank case, and it now remains for
for the year ending 31st December, 1995. There were present-Mr. A, G, Weed (chairman), Hon. Mr. R. Shewan, Messrs. N, A. Siebu, A. Haupt, H. W. Slade, E, Shellim, and E. Goetz, directors) A. V. Apcar, W. G. Saunders, A. Forbes, Capt. Goddard, J. Orange. J. J, Leirin, A. H. M. da Silva, Chan Pat, W. H. T. Davies, and C. Pemberton (acting secretary)
The Secretary having read the notice con. vening the meeting,
the
The Chairman said:-Gentlemen,-The ra port and statement of the Company's accounts for
fast year, having been in your hands for fortnight,
I will now, subject to your approval, adapt the usual course, and take them a read. It is a matter of regral to the board that the year 1904 did not turn out a favourably as expected, after the promising balance of $260,374,35 carried forward at the and of that year, but we were unfortunate anough to have to meet exceptionally heavy
Then
阝
Sometimes the clerk, Choi Kwok Ying some times the manager, and sometimes I did,
What was done with the money? · It was put into the Bank-that is, not all, some of it was kept for paying expenses, nervants and to on,
Who paid the lawyers for your expenses lo this case-The firm, How much?-$100.
Plant, of his acceptance of the note, which
you to decide what steps you will take in the change which meant giving time, and also was was to operate 61 a renewal of the bill of ex-
matter.
Mr. Sharp said he was much obliged to their to operate as an ordinary note. The Bank held Lordships for their observations, and would three securities the renewed bill, the defend- take time to consider them. As regards Mr. ants' indirect acknowledgment of bis liability Playfair's evidence they need not, he thought, to the Bank, and Plant's liability as liqui'alorsely further on that, as he had told them of his which all came under the bill. In the renewal, scanty knowledge of the books, and he would of the bill Plant acted as defendant's agent inform their Lordships as soon as he was in a It was the defendant who wanted the time, not Ho So Ming spoke to the paying of money the Bank, which at first refused to grant it, and position to announce what further steps he
would take, Ko defendant approached the Back through into the Bank on various dates. He said
The Fall Court then adjourned stue dit. that the visitors sometimes paid the accounts
renewal.. Two days prior to the got by cheques and sometimes by cash. In Sept his agent, and through the agent defend- tember of last year no payments were paid bill becoming due Mr. Plant want to the Bank into the Bank. The balance lo hand at the and loformed Mr, Playfair that defendant bad end of that month was $541.37. During that given him a note in favour of himself, when Mr. month a chaque was drawn for $400 for pay. Playfair told him he must have a note in favour ment of the servants' waget. Another cheque of the Bank On the same day Plant returned to was afterwards drawn out, but it was cancelled the Bank, and brought a note altered to favour as they recalved a message that there was no of the Bank, Whether the note brought in was more money in the Bank. They did not keep at that time stamped they could not say,
the
A CHAIR coolie was on Monday charged at the Palice Court for stealing ilk handker. chief from a sailor from the U... Okto. The zilor did not appear in Court to substantiate the charge. Mr. Melbourne held that the man. was guilty of unlawful possession, but the evidence was not sufficient to warrant a charge of larceny, The chair coolie was Aned Sra.
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Mr. Dixon: Yes, my Lord, if you find against me an expert will be consutied.
Mr. Dixon said that the instructions under which the work was carried out were before
lis Lordship.
►
Mr. Harker: (After looking at the instruc tions.) Yes, they seem fai ly precise, and a con tractor might be able to do it, though it could not be in accordance with a ping unless they used it.
Mr. Harker: Will your Lordship make an order for my fee for to-day?
His Honour: Oh, certainly; you are entitled to the usual professional fee; the Taxing Officer will look after that,
Other evidence along the same lines follow- ing, Mr. Dixon called the defendant who stated that he carried out the work according to the instructions received from plaintiff. If they were illegal he did not know that,
By Mr Oto Kong Siog: Before you re- ceived those instructions from the plaintiff you knew that Messrs. Leigh and Orange had been down and measured the premises 7-Yen.“
And plaintiff said he must have an architect to draw plans 2-Yea
2
Then you told him to come to Mr. Harker and you took him yourself and intro- duced him to Mr. Harker, and were present when the plans were ordered 7-Yes.
But you say you never used any plan?! followed my instructions.
Then the plan was quite unnecessary, accord- to you. I submit, my Lord, that no attempt was made to follow a plan.
His Honour: am going to refer the matter to Mr. Harker, and what I want you to do, Mr. Harker, is to take the plan, compare it by measurements with the work done on the pre- mises, and let me have your report. Upon that it will be for me to decide the point as to whether a plan was used.
Mr. Dixon: Will your Lordship put the case on Friday's list?
Mr. Harker time to prepare his report; I'm His Honour To-morrow? That won't give afraid.
Mr. Harker: No, my Lord, it will take two or three days at least.
.
Mr. Otto Kong Sing: If your Lordship will adjourn it sine die that should meet all parties.
His Honour: Adjourned sine dia,
A "LUKONG" SUED.
"DOES THE CAPTAIN-SUPERINTENDENT
KNOW?"
Before His Honour, Mr. A. G. Wise, Puline Judge, Whadama Singh sued lukong Kwong Tui for recovery of the sum of $io, being money leat by plaintiff to defendant.
Defendant appeared in Court and admitted the debt,
Affidavits of Mr. Bowley, Crown Solicitor, New Territory, had been filed in support of the and Mr. E. J. C. Wood, assistant Land Officer, application, showing that no title bad been granted, and that the subject of the appeal was Valued at more than the $5,000 required under the law. Ordinance 4 of 1900, section 17, stated that alliand in the New Territory was, under the Convention, the property of the British Crown, but if the claim of any individual to any por tion thereof could be properly established be fore the Land Court then the Crown must grant that person a citle, but not if it was waste land, for waste land could not be held, To King had not so established any such claim, The Attorney-General therefore asked for leave to appeal against the decision of the Land Court,
His Honour: Yes, you can take leave to appeal.
JACK ASHORE,
COMMOTION IN A SALOON,
8th inst:
Two seamen from H.M.8. Andromeda çame ashora last night and made for the western part of the city. They repaired to the Rese, Shamrock and Thistle saloon and ordered five "shaudier." After the "shandies" had disap. peared, something was alleged to have occurred in the saloon, and the two sailors' gymnastic tricks returned to them, for, according to the evidenca heard at the Police Court this morn ing, the style in which the two tars cleared the counter of the bar was really marvellous, and suggested good form. What happened. after they got behind the counter is rather vague, but it was said that one of them attempted to twist the barmaid's band. There was a com- motion in the bar-room, with the result that they were arrested, and a charge of analt preferred against them at the Station. The dor fendants this morning denied the charge, and, after evidence for the prosecution had been heard, evidence for the defence was called. "We were having a sing-song," remarked on witness for the defence, when of a sudden wa heard police-whistle blowing. The dmt de fendant went over to the complainant (Miss Crater) and asked her why she was blowing the whistle. So he caught hold of her arm to stop ber dealing out a blow to him with m sank was a very trivial one, and fined the first ginger-beer bottle." Mr. Haseland said the as- defendant-Kennedy-33, while Stringer, the second man, was discharged,
GLENBALY, BUILDINGS;
BAD MORTAR.
CONTRACTORS PROSECUTED.
At the Magistracy this forenoon, before Mr. F. A. Hazeland, Mr. W. T. Edwards, of the Public Works Department, prosecuted Hop Lee, contractors, 36, D'Aguilar Street, for using bad mortar in the erection of seven Europeau houses in Glenesly, on February 3rd last.
KUMPHREYS AVENUE, DA Another firm of contractors trading under the His Honour: 'You're another policeman. Does the Captain Superintendent know about ign of Hung Shing, 37, D'Agollar Street, wera also prosecuted, by Mr. W. Dobbs, on a similar it?-I suppose so.
Defendant: If i am given time—a week-charge, vin, that of ging bad mortar in the erection of a house in Humphreys Avenue, can pay it all off.
Kowloon.
The first defculent, Hop Leo, pleaded guilty,' and bis
$250, The second defendant, Hung
Sbing,
deplad the charge,
His Honour: Time? I can't give you time; you can arrange that with the plaintiff. I wonder you are not dismissed, as it is against the regulations to borrow or lend money. There will be judgment for plaintiff with costs.
AN AGED dependaNT
"NEEDS A GUARDIAN,””
ble Worship imposed fire of
Wm. Dobbs, building fospector, said he took samples of the mortar on February 3, from the fourth house, east of Robinson Road, in -Ham. phrays Avenue. The defendant was the con.. tractor building the house. The mortar was examined and six briquettes were made from In Summary Jurisdiction this morning before the mortar. A fortnight later ona of the bri His Honour Mr. Justice Wise, Kalia Slagh sued quoites was accidentally broken, and the a Liu Kam Fuk, and Wing Shing for the remaining two stood a test of half a pound. covery of the sum of $200, money lent by plains Twenty-eight days later another three were
tested and the same result obtained. tiff to defendant.
The defendant stated that the rafa had affecte ed the mortar, amongs
The second defendant, an nged and decrepid, white haired Chinaman, appeated in Court with a Chiasso Wonsan, the wife of the first defend-
A fine of $250 was imposed,