128
A BILL' OF EXCHANGE.
JUDGMENT AT THE SUPREME COURT.
The Chief Justice (Sir Francia. Piggott) gave judgment in the Supreme Court, on the 9th inst, in the action brought by Leung Sen Roy, trading as the Chin Foung Hoy Kee firm, of 60, China Street, Slugapore, against the Cheong Wing_firm, dl 73, Bonham Strand, bankers, and Wong Long Hin, of the same address, the banker, the Wing Tan Sun firm, of 257, Das Veux, Road Central, merchants, and Lai Ya Nung, of the same address, merchant, and the Wing Cheong firms, of 12, Des Voeux West, merchants, tod. Li Lan, Nam, of the same address, merchant, to recover $10,000, on a bill of exchange dated 7th January, 1997, draw
THE HONGKONG TELEGRAPH SATURDAY APRIL 11 1908.
of a larger principle than the circumstances in which a bill is made may be given in evidence, In spite of the rule that parol evidence is not receivable to contradict a writion Instrument The general rule is laid down that evidence may be given which is consistent with thes that if the payes of a joint and several pro written instrument, and Lord Campbell says' missory note made in the common form by two may be placed in the situation of treating the one, as surety for the other, this can only br by his express assent to do so when the note chors the sote. But the question here is the was delivered to him: that is by an arrangement Convorac : Can the drawce of a bill of exchange drawn in the common form by three be placed in the situation of treating two of them as their names were not on the will? I think that what you can do is one case on the authority
for it can be done in any case only in virtue of some definite principle and cannot be con sidered merely in connection with the question of giving time. Therefore, I think the answer here must be in the affirmative, he knew the object with which these names were in fact put as the bill; and it is clear that be did. from the letter of 7th February, from Li Lai Nam
CANTON HANKOW RAILWAY,
SECOND CALL TO BE MADE
[From Our Own Correspondins.]
·Canton, 8th April, 1908. Hankow Railway Company will hold a meeting The board of director of the Canton at the offices of the Company on the ith instant when the following questines will be discussed
of the per share, - The' committees of the Canton
The collection
MURDER AT YAU»MA-TIA
"CHINESE WOMAN KILLED,
9th inst
Particulan of another murder on the penin-
ed Ah Klu: Deceased was the wife of an In- of the foul deed being a Chinese woman ham sula of Yan-ma-ti reach us to-day, the victim.
dian watchman employed at Quarry Bay She resided at No. 119 Temple Street, Yau-ma second call at St.50, one of a block of tenement houses facing a of the house in company with a blind relative vacant plot of land above Gascoigne Road.
and an adopted child-atte girl. The unfortunate woman lived on the first floor
Chamber of Commerce, the Nine Charitable Institutions and the 72 Guilds will be request sd to jointly discuss the advisability of the collection and to express their opinion thereon. The formation of a Railway, Bank in payment of interest to shareholders, etc. A mass meeting will be arranged so as to arrive at a decision.
by the defendants apod the plaintiff, payable of Manley v. Boycett, you can do in the other connection with the Railway Company and the pot, are of the dastardly act which encompassed
to the order of the Netherlands. India Com- mercial Bank twenty-one days after night and
accepted by the plaintif, payment whereof was made by the plaintiff on the 8th February, 1957, to the Netherlands. India Commercial Bank,
The Hon. Mr. H. E. Pollock, K..(instructed by Mr. R. F. C. Master, of Messrs. Johnson, Stokes and Master) appeared for the prosecut tion. Mr. H: W. Slade (instructed by Mr P. S. Dixon) was for the defence.
His Lordship said-The cply facts to which dering the question from the points of view The same result is arrived at by consi- I seed refer in this case are very simple. The of the discharge of the bill. By section 59 Chin Foong Hoy Kee of Singapore and the bill is discharged, that is, all rights of action Wing Cheong firm of Hongkong were in the
thereon are extinguished, by payment in, due habit of drawing upon one another for the pur-
course, that is, at or after maturity of the bill poses of their business and remitting the by the drawee. That is what happened in this money to meet their bills, and the priest ae-
cate. By subsection 3 ao accommodation bill tion is brought upon the last of the series, is discharged if it is paid in the course by the which was drawn by the Wing Cheong upon
party accommodated. It says nothing about the Chin Foong Hoy for $10,000 to the order.
payment in due course by the accommodat of the Netherlands India and Commercial
lias' Bank. The bill was discounted at the Boog.
this therefore falls within the patty Est subsection. Indeed subsection 3 is only kong Branch and was guaranteed in so far as
introduced to provide for a case which does the Bank was concerned by the Wing Tung not fall within subsection . When a bill Sun and the Cheong Wing firm; the signa-
is discharged the rights of action on it are tures of these two firme appear on, the bill as drawers, by the side of the Wing Cheng, and out of whist Chalmers call very aptly "the extinguished; but, the rights which arise their character as guarantors in, so far as the
bill, transaction remain..1, therefore, have Bank is concerned is clearly, established by no difficulty in accepting his statement on the books of the bank. A letter was
page zoz, that “if an accommodation acceptor written by Li Lai 'Nam, the
pays a bill it is discharged, but he has a per of the Wing Cheque, on 7th January,sonal tight of action for indemalty, to other 7907, to the plaintiff Informing him that the
words the action, here after this bill was paid by bill had horn drawn: it contained this the plaintiff is not on the bill but on the bill sentence: "I have this day negotiated twenty-one days bill for $10,000 at the Fan Ta transaction: the whole of which is contained in the letter of 7th January from Li Lai Nam; and on that letter there, is not the shadow of a right which could be enforced against these undertaking on their part to indemnify the swa defendants, or any word from which
acceptor could be implied. Judgment musi therefore be for the defendants with costs.
Mr. Slade Against both defendants who appear?
Hp Honour-Yes.
madager
a
A SHAREHOLDER'S GRIEVANCE
SUES TO RECOVER HIS SHARE OF PROFITS,
Bank. It is guaranteed by the two firms, Wing Tung San nad Cheong Wing, of this pp and you, sir, will certainly not need to he anxious. Oh its arrival please accept the bill and when die please pay accordingly and 1 shall be obliged." The bill was accepted by the plaintiff and though it was noted for non- payment on 7th February, it was in fact paid by him. He now sued to recover the amount from the drawer and his two 'guarantors. The drawer is bankrupt and has absconded. The point of law can be simply stated. Can the acceptor recover the amount he has paid 'on the bill from persons whose names appear on the bill, as the Wing Tung and the Cheong. Wing do, although they were in fact put on the bill merely as guarantors to the bank for the purpose of negotiation. These two defend- ants are clearly accommodation parties within section 28 (1) of the Bankruptcy Act because they hava lent their names as drawers without receiving valus therefor; and ! think the plain- tiff accepted the bill without valve and there- fore that it is an accommodation bill. The possibility of value arising out of the continued system of dealing between the pafties is I think Degatived by the fact that all the transactions were independent and in no sense to be des. cribed as mutual dealings; and the suggestion M, Crowther Smith, of Messrs. Almada that the value might be found in the first trans-and Smith, appeared for the plaintiff; Mr. E. Je actions of this special series of bills in too Gri of Messrs. Wilkinson and Grist, being problematical to be accepted.
for the first defendant. The second defend ant-Ng Yik Fat-had not been served with a writ, and did not appear.
Wang Cheuk Ng, otherwise known as Wong Pug, a merchaos, residing at 249, Des Vous Raid Central, sought to recover in the Supreme Count, on the 8th inst., the sum of $435 from two contractors-Tam Ching Wa and Ng Yik Fa. This sum, the plaintiff alleged, belong ed to hum and was in defendant's possession, being his share of the profits made in the business of Yik On and Compay, a Grm of contractors, formerly carrying on business at 10, Chiu Loong Street.
Mr. Grist pointed out to the Court that bis client could not be sued on the form of the present writ. The writ readThat plaintiff claimed from "both" of the defcadanis $435 money in their hands belonging to the plain tiff, neing his hard-of-the-profits of-the-Vik On Company. As the matter good plaintiff
must sue, both defendants-the second de fendant must be saved with a writ-they must be sued jointly...... Mr. Gris said there was no allegation that his client had received
Now the plaintiff's case stated quite crudely in this Li Lai Nam draws on him for $10,000 at 21 days: he tells him he has negotiated the bill at the bank with the assistance of Cheong Wing and Wing Tong Sun as guarantors; he does not day a word to load the plaintiff to believe that they have also guaranteed him. If the letter could bear this construction it would have been necessary to inquire whether Li Lai Nam had authority from the other defenduotf, to give their names as guaran tors to the plaintiff, but it cannot be so construed. When the latter was produced the plaintiff in cross-examination said:this money nose whatever. One partoer "This means they were to guarantee me. They will have to pay the bank if I fail, but if I pay they will repay me." I do not believe this to be true, quite apart from another,itement he made in cross-examination. He said he had Business dealings with the three firms before; but when pressed he stuffed, saying fint that he bad bill of exchange transactions with the three firms, and immediately afterwards he cor rected himself and said they were with the Wing Cheoog only that he had other business with the others but not in connection with drafts; and his books being produced bowed no account with Cheong Wing or with Wing Tung Sun, which he explained by saying that this bill, was entered in the account (with Wing Cheong. This is much too ansatis factory-for-me-to-believe-even-if-there-the-writ ware a possibility of the letter having this interpretation. But it does not and it could hardly be denied when I popounded the question whether the action in the circum on the letter and no on the bill that the Cheong Wing and Wing Tung Sun could not be sued on this letter.
take the following from Chalmera: "Formerly it was held a law that while a party's name appeared on a bill as prin cipal he could not be held to be a surety for that was a contradiction of the written lostrument. This defence was afterwards modified in cases where it could be shews, there was a contemporaneousagreement thathe would be treated as a sursty; and now it is clearly
slances must be
|
ABRATED WAIRE IN COURT.
MR. BANS WEISMANN SUED,
to the Supreme Court, on the 9th inst., an of Cafe Weismano, 74, Queen's Road Central, action was brought against Hans Welsmann, by Mr. P. F. Danenberg, of the Aerated Water Manufactory, to recover the sum of $291.58, for aerated waters sold and delivered by the plaintiff to the defendant
Mr. R. Atkinson, of Messrs, Deacon, Looker and Deacon, was for the plaintiff. M. F, X, d'Almada a Castro appeared for the defendant. Mr. Atkinson stated that the original claim was for $291,68, but since that writ had been served a clerical error had bean, discovered in the figures. He now proposed to reduce the claim by some $17.00 $18.
Mr. Justice Gompertz-Has the account been paid f
..
creant or miscreants, if there were morethan What led to the murder, and who the mis-
have up till now not been disclosed, and į ja the woman'iend in such a cowardly manner. to unravel another one of the mysteries which unlurtunately mark the black spots in the criminal records of the peninsels that the secret service of the police and the detachment stationed on the mainland are now exerting, their very best efforts.
From what has been learnt it appears that about 8 o'clock fast evening, Chinese same house as the deceased, while going up. women residing on the second floor of the the stairs, met four men coming down one of whom she observed was carrying a child in the men, his arms. In the dark she could not recognize
.
RICE FOR CANZON,
SHIPMENT FROM WUHU. - [From Our Own Correspondant.]
DISPATCH BOAT LAUNCHED
AT NAGASAKISANKE
The dispatch boat Mopani, now being built at the Milan Bishi Yard, Nagasaki, for the Japanele Navy, was successivily launched on
Canton, 8th April, 1908.
Kwangsi conscated to remove the probibition behalf of the Minister of the Mirys Admini After a great deal of difficulty had been Admiral Taketomi, Director: of the War
on the exportation of rice to Canton. Yester Katacks, Admiral Paymaster Murakami, Ad- overcome, the authorities of the province of Affairs Bureau in the Navy Department, on
day the committee of the Canton Cheap Rice miral Ury's, Commander-in-Chief of the Sasaho Disposal Bureau wired to Kwangel to tender Port Admiralty, and other officer, were present thair thanks for the benevolent concession. The Captain and other officers of the Italian On the 6th instant a Wuhu telegram advised cruiser Vesuvius, which called at Na the Cheap Rice Disposal Bureau that a ship gaiak? on, het way from Shanghal" to "Yoxol meat of 30,000 bags af rice will leave that past hama, were among the invited guests. on the roth instant for Canton and it will be In the course of the repast invad "alter the due here on the 17th instant. At present the launch Mr. Maruta, President of the Mitsu Bureau has in stack spine. 10000 bags of tice Bish Yard, Cordially welcomed the gassin and the distribution of rice from the four mai-and- proposed Bamrat for his Messy, the sheds will take place on the tailf designs to Luiperd and the
Bist Yard at Kobe, supply the people. It has bead fixed that every President of the Mitou Mr. Mirutan, to cents will buy two and a half gallies. spoke on behalf of Baron Iwasaki, President" of.the Yardhose death occurred later on the asmp alterngen. Admiral-Kataoka responded. **3
The Mogant is the first warship to be launched Nagasaki, and the clay was an [lta?, in honour of the event. All the bouser displayed flags, and the vessels in the harbour
were dressed."%
WIFAT IS MIXED CARGUI INTERESTING CASE AT THE SUPREME COUNT, Abe Supreme Court, on the 8th fast noon against Mestis. Fukuroi and Company to displacement, with a speed of a knots, Her was brought by, the Man Cheong. Yuen firm
The Mogami is a dispatch-boat of 300 tons recovers bags of rice belonging to the plain armaments will consist of two 12 cm. and four tiff in the possession of the defendants. of 12-pound guts and two torpedo discharge tubes, which plaintiffs have demanded possession equipped with two search-lights, and he has anche defendante, dein; or in the alleroze two funnels and one mast: Sha will be fin
ive 35,179he value of the rice, and with turbine engines, which will be availa de damages for the Betention. . Sir Francis Pigght (Chiel Justice),presided. ateamer was laid on March 3rd last year, and for either coal or oil fuel. The kool of the
Jackson (of Metste Johnson, Jokes and Mar Mr. M.W-Blade structed by Min, Andrar Go she is expected to be completed in May next, tery represented the plaintiff Hon; Mr. HE Pollack, K.Cfigatructed by MFC. E/H. Heavie of Messrs Wilkinson and Chisty appeared for the defendasid
SCHINESE SHAMEN,
MITEN LAWFULLY ENGAGED? Mr. Julie Sercombe Smith gave judgment yesterdagoroidy in an appeal dealing with Chinese scartes engaged in the Colony, says
On reaching the first landing, ship heard the cry of a child, which was familiar to be an that of the adopted daughter of the woman Ah Kiu, the deceased. As the child continted to cry for some time, the woman- bastened 'downstairs to its assistance and discovered the child lying the pavement below.git had evidently been left there by the four men who had descended the stairway wifite the woman Mr. Atkinson-No.
was getting up to the second floor. She Mr. Justice Gompert-And what is the picked up the girl and proceeded to the first The agent of clairead as follows- claim now to be?
floor of the house. Arriving at the door, which The plaintif We merchants, paying on busi Mr. Atkinson-$179.66, a reduction of $11,92, was unlocked, she began tapping at it. Renea at No 1p Wing Lox Sudat. The défand Mr. d'Almada- don't know how the receiving no answer, and after some louder ants are also merchants and the agents of the doction was made..
rapping, she called out to the deceased: Nowners of the apopese steamship Aoi Marthe Singapors Fru Pelas of stult Continuing, Mr. Atkinson said that plaintiff answer was returned. This, coupled with the and carry usinges at No 3, Queen's Reed The appellants were comiced on March started business with the defendant as far fact that no light appeared to me room, arous back as 1902, Plaintiff look cakes from the
Central. Jy heter-party dafed zand March, Arth," by the Master Atten last; for air offence ed the woman's suspicion that something 1957, made bewens the plaintife and the deunday, section 15 (1) (8) of the Marchant Ship defendant to sell, while the defendant was had gone amiss-Briking-a-mateb, she-pished-fendants, planilhartered the Sortering Act for wife dikababdos-co-s_towful supplied with aerated waters. The portion the door open, and, in getting into the goom, a voyage from Saigon, to Hingkong to carry a command of the Master of the s... Bengrastis of them being settled by the defendant from accounts between the parties went on, a was horrified at the discovery of Ah Kiu's fuil and coup cle gargo of ice, and-or other to go to work The point of law taken was dead body with her hands bound and a'Chi- lawful merchandise. By clayé 17 of the dianer that be appellabus were not lawfully engaged" the to time, but they were never entirely hese silk scarf securely, tied around her neck. party the freight payable, Opon a mixed cargos-required by sec 255, that therefore there was settled At intervals the accounts were sent The woman.as dead.
was twenty-four cents per picu), épen 45,000 lawful agreement to serva al seamen to the defendant for seitlement,, but noth-
picule, being the estimated capacity of the that the Master could get issue a'lawful com ing was done, At the request of the
steamer. The ptaiatiffs laded the versland to work and fast therefore there was no defendant, plaintiff went to see him in Feb
with a full and complete mixed Largo of ruary, 1906, and together they went through
las ful merchandise, consiling of white the accounts. The defendant, after a while,
rice, cargo tices cargo fours white flour and admitted that the accounts were right, con
dried" 6th, of a total weight of it fessed that he was got aware that the account
picuts Qa or before the ayib. April, 1907, the was so large, had stated that he was not in a
plaintiff paid to the defendidos, the sum of position to pay. He had spent too much
of $10,800, being the Troigh"dus, to the money, he said, when he went home to get
defendants-1 agents of the owners pf the married. Plaintiff agreed to give him a ten
Koun Mars, is respect of the 40,142 picule of "per cent discount. Mr. Alkinson observed
mixed cargo at the rates of twenty-four cents that defendant, ina that he would produce evidence to prove
serpicol on 45,025 picule. The payment was conversations, admitted his indebtedness to
and in
made as to 10,585.68 is cast and as to the the plaintiff. The defence would raise the
balance of Sara 32 by payments made by the plafatiffs for coolie hire for: loadigy and dis polot that Casa 'Weismann ghad been turned
charging the sleamer: On the 37th April, 1907, the prosecution did not deny, but they were into a limited liability company in 1904. Thes
the defendants wrongfully refused to deliver to never informed of the change.
the plaintiffs of their demand, 572 bage of white rice, the property of the plaintiffs and part of JAPANESE YARN TRADE. wrongfully converted the same to their own use. the said cargo, and have since detained and
The plaintiffs, therefore, claimed-$5,176,94. the value of the rice, and Stoo damages for the detention and conversion thereof.
letter
Plaintiff, was then called to the box, nad he corroborated the story as already, outlined by. his solicitor. He said funher that some time was about to leave the Colony soon and this ago he read in a newspaper that Mr. Weismann action followed. On many occasions he had written to the defendant asking for settlement, but he got as reply. The letter was refused at the cafe, the messenger being told that " Mr. Weismann no more here." At his house in Ripon Terrace the messenger was told that Mr. Weismand was at his shop. Finally, the letter was written in German, and this was
received, but no answer came. ship reserved his judgment.
After further evidence was heard his Lord.
#
TRICK ON A MUNKY CHANGER.
FOILED BY THE FORCE,
gib jost. could not see another for any specific sum,
Everybody knows mony changen shops in except in certain cases. For instance, if a Queen's Road. Most people know it is ex limited liability company declared a divi- ceedingly difficult to extract a single cent dead and one of the shareholders failed beyond that to which you are entitled. It company for his dividend. But he could su quite possible to get what we might call a rise to recover his share, he could not sue the appears, however, that there are gentlemen" in China's social stratum who believe that it is forhir dividend warrant The plaintiff-in-this case was powerless. His-only remedy was to out of the money dealers. At all-events sue for money had and received by the defend Messrs, Cheung Hing and Fung Fi came into ants, or for the ordinary partnership account and careful, they decided that they must have possession of a dollar bill and being methodical Mr. Justice Gompertz-Have not the accounts being taken?
the premium. Another case of subsidiary Mr. Grist say, "no." I understand my coinage afflicting the poor-not to say the friend says, "yes."
flagrant. Concluding, Mr. Gřist observed that bis
The two gentlemen' appeared at the counter client was the only person sued. The second at a money changer's shop at 11, Queen's
Road West yehlerday afternoon and tendered defendant had not been served with a copy of their whole wordly possession, in the shape of "Mr. Smith said that the Yik Ou Company had dollar bill-Being--economical minded. heen wound up. He proposed to prove that they refused to accept the current rate of the amount of profit made by thilt-firm was the day, which was four cents, and ordered 87%, and that when the plaintiff called for his the money changer to give them what share the defendants informed him that he had they conceived, to be the proper exchange- already collected his share, but that he ten centr. The money changer was not to be bad not the money then to pay him.
had by bluff and the coolies requested that Mr. Justice Gompertz-Would that show that their money might be returned to them. It his shere of the profits had reached defendant's returned with interest, as may appear handt?
later. Our two gentlemen-skilfully negotiated M. Smith thought so. If his Lordship the change in their, fortunes by, substituting would only hear the evidence, he would come
gold brick" for the money they had received-in other words they to the same conclusion:
Ravo five counterfeit coins for the money which had been handed over to them. It happens now and again that a policeman is always on the spot, and Policeman Lepaghan is always there, especially when there is trouble brewing.
Mr. Justice Gompertz - Does nol that amount to saying that the money had been received by your client ?
Оде
./
Mr. Grist said there were more partners than
• in the Businent. As a matter of fact there were fifteen, but his client was never the manager.
Mr. Smith said that when the plaintiff called on the defendant for his share, the latter said; I've received this mony due to you, but can not pay you now at i have no money.”
The Court decided to hear the case, and The Court then reserved judgment.
witnesses ware calică:
A
"
Inspector McHardy, of the Yau-ma-ti Police Station, was immediately antified as to the ghastly find. The police officer prohrptly re- paired to the scene of the tragedy, for without doubt, a tragedy must bhre beau enacted, and caused the removal of the corpse to the Kowloon martuary. A thorough examination of the house was then conducted by the police with the object of discovering any člue lesding to the murder of the deceased. Beyond the fact that no money had been stolen and that little, if any, jewellery was missing, the police found anthing to enlighten them as to the motive prompting the doing to death of Ab Kiu. The room bare evidence of having been ransacked. It is believed that robbery was not the motive of the crime it may dot at all be improbable that revenge bad urged the perpet rators of the murder to their dastardly work. “
PROPOSED COMBINE.
ning Companies have agreed among themselves The Kanegafuchi, Godo, and Settsu Spin. to maintain the price of their yarn at Y60 par bate of yara for za's produced by the Sritsu and Godo mills, and at one yen higher' for the Kanegafuchi product. The agreement is to go into force on the 1st of April the yarn merchants are protesting against this combina tion, as they had recently been advised by the Kanegaluchi company to push the sale of yarn at any price that could be realised, and they have beep selling the Setuu and Gode yarn at about Yrio per bale. The dealers threated to boycott, the yarn produced by the three above, named companies, if forced to sell their yarn al conference prices.. It is believed that já view of this attitude the three spinning companies will eventually be compelled to give way.
It is reported that Mr. Obashi, President of the Kurashiki Spinning Company, of Ukayama Prelecture, it of opinion that it is unwise to continue to pay large 'dividends, in view of the present depression in business, and suggests. that no dividend be paid for the half-year now closing. The shareholders do not agree with Mr. Ohashi, and he has resolved to offer to thus become sole owner. The Kurashiki Spiz- take up all the shares at their face valus, and Blog Company is one of the soundest concerns of the kind; it has a large reserve fund, and already the greater proportion of the shater is held by the President and other directors. For the last half-year the company-paid a dividend at the rate of 40 per cent, per annum.
"LOVE'S LABOUR LOS.7."
A BOGUS ECCLESIASTIC.
disobedience to a lowlal command. It was argued that the agreement upon which the appelants had been engaged was void because did bot contain a clause which ought to have. appeared in it by virtue of the last proviso to sec 3 of tadino Act XV of 1863. The omission alleged "was this; the appellants being native seamen, which the learned judge thought meant Asiatic seamen, and agreeing that theirévoyage shall end at 's port not in the Colony, the agreement does not contain
stipulation for providing appellants 61 employment, on board some other vessel bound for the port out of which they wate shipped, vit, the port of Singapore: But that stipulation was only one of several alternative stipulations, of which another is for providing seaman fit employment on board some oibar vessel bound to such other poil than the port of shipment as may be agreed on. The learned 'judge held that there were other stipulations in
the agreement cavaring: the alternative stipul... Ation referred to..."Bound direct for the United Kingdom or Continent meant "bound... direct for some port in the United Kingdomor Continent;" and this satisfied the requirement' of providing fit employment. confirmed.
The appeal failed and the conviction must be
AN EXPENSIVE RIDE.
The statement made by the defendants read-The plaintiff did not load the steamer Kuor Maru with either a full or compleie cargo or with a mixed cargo. The cargo of a total capacity of 45000 pituls. The which was loaded weighed 41,158.to picula aut. defendants admitted receiving the sum of $10,585.68 as freight from the plaintiffs, but they denied that the coolis bire amounted to admitted refusing to deliver to the plaintifs $214.31, as stated by plaintiff. The defendants,
ONE OF OUR ALLIES HAS AN EXPERIENCE. the 574 bags of white rice, which belonged.
goth inst to them. They maintained that their refusal
Mister Mokuichi Katayama, of the steamer to deliver and the detention of the rice Rita Maru, had a peculiar experience last was right and lawful, under clause 18 of night when he attempted to ride spon's tram- the charter-pány, whereby the master of the,
car. Mister Etceira discovered that he bad Kum Maru bad and has a lien on the cargo
the noble sum of two cents in his pocket. He for freight, dead freight and demurrage. The
also discovered that the third class passengers defendants have not converted the rice to their of a tramcar should go free! Unfortunately, own use, but they are willing to return the same bis dream was dissipated by the appearance of to plaintiffs on the payment to them of 51,404-49a hooligan, called the conductor. Mister Etc. for additional freight, and of the expenses in refused to be bound by rules and regulations curred or to be incurred by the defendants in and denied his responsibility for the moving capect of the storage and other expenses in cons car if the carmored that was the blame of the pection with this pice, less any coolie hire properly payable to the plaintiffs in pursuance requested him to show his pockets Mister Jap motorman, Quistly and gently the conductor of clause ro of the charter-party,
In opening, Mr. Slade stated that in this refused to turn out his pockets, alleging that he was a better man than anybody in the car. case there were only two questions to dispute. The conductor being a plain, prosaic man, said One was whether a cargo consisting of rice, fa a loud voice: "Your fare of No. 2.-. The rice flour or salt fish was a mixed cargo within. unfortunate stranger refused to head the ad the meaning of the charter-party entered into vice which was carefully tendered him by ten between the parties for the conveyance of a thousand voices, more or less. It is sad to say cargo of broken rice, rice flour and other law that "our ally" had to appear in the Police fal merchandise from Saigon to Hongkong.Count, this.meralog. Much as we regret it ba The second point was wasther or not there" was fined the sum of 55, and the conductor, was a full or complete cargo. As to figures who had to endure all those ribald remarks Counsel had agreed and plafotifs had paid, one
was only awarded the sum of fifty cents. way or another, the full amount.
Mr. Pollock-It has been agreed" "to" in cor farpondence o
The duplicity of a self-styled Taoist priest and a postposed wedding, not to mention the disappearance of a $48 wedding fee, formed the component parts of a isle that was soloid- ed in the Mixed 'Court, Shanghai, on the T^ If it was not a mixed cargo then we ought to Cup was held at Happy Valley between. Aptil inst. The complainant was a lovelorn, youth
of about 40 cmmers-more or less-and ba related how he had been imposed upon by the defendant who had passed himself as a Troist priest last Jute, and accepted $28. as a fee for a wedding he could not perform.
According to the complainant's sad tale ho
'real ar
Mr. Grist said do. It must be shown this established that the rights of the surety arise- client received the money which, belonged to when the money-changer discovered that the was engagedia, be married; in fact, the wed- independently of the form of the instrument." the plaintiff, he said. But this emphasises the rights of the surety: Mr. Justice Gompertz-Would it not, by coins were counterfeit he drew out the indising day had arrived, the feast was spread, and the next sentence in Chalmers makes this reading the writ, make out that the money is pensable adjunct to every Chinaman's personal lackleg w a priest At this juncture the presents displayed, and all that was clear: “For the purpose of enforcing the debt in the defendant's bande?,
belongings--a police whinle. P. C. Leonghan came the impostor. He was clad in koly the principal debtor on the instrument may be
caught the fugitives, treated as such but apart from this as soon as
At the Police Court, this morning, before raiment and seemed to be the the creditor is affected with notice that the
Mr. J. H. Kemp, the accused were arraigned.ticle." When asked how much he wasted The chief operator will enjoy a sojourn in gaolo perform the ceremony be replied by ask apparent principal was and is only a surety, the ordinary consequences which flow from that
for a matter of six weeks, after bestowing his ing the prospective bridegroom how much answered the would-be husband." Well, my relationship ensue, and the creditor die
beauty upon the public for four hour in the money be possessed. Twenty-eight dollars, stacks. His accomplice will contribute to the regards them at his peril."
Colony's purse the sum of $110, or suffer four charge for such services is invariably $28," said The question involved in this sentence as il-
the man with the clerical robes,," and I miks lustrated by the case on which it is based; Man-
months' imprisonment.
it a rule to collect such fees in advance, The ley y, Boycott, was re-argued. That case estab lithes the proposition that if a drawer of a bill
money was paid to him, but he said he wanted to tie the knot as securely, as possible, and does in fact siga as surety to the knowledge of the drawer, then the giving of time to the prin-
thought this could be doneonly with the aid of Four children-two boys, and two girls-re
"an assistant, Forthwith ha look his departure to cipal debtor releases, the surety. This was
get ibe assistit, and untilḥe was apprehended laid down in 1853 in this case as a common
siding with their;parents at 196, First Street, West Point, were removed to the Government, fifteen years of aga-who wore in the act of When arrested, the bogus ecclesiastic was
■ low days ago,he was stil searching for him. law doctrine, although in the subsequent casos, Pooley v. Harradine and Greenough, v. Mc
Civil Hospital, yesterday (3rd inst.), suffering leaving the ship. The girl appeared very ex-dressed in the regulation garb of Tacist Lelland, a few years later, it was treated from aniseed poisoning. Le appears that about citable. She also appeared as if she had been priest and was equipped with beads and oiber in the Queen's Beach as an equity nooo yesterday one of the boys while playing in crying. Detective Grant followed the trio 24 doctrine. But the point which has to be gotown came across a packet of aniseed, and far as the entrance to the wharf, and, overhear paraphernalia. The Court decided to hold the proved here is not, that these two parties who believing it to be "good "show" took home a ing a conversation between the man and accused pending the arrival of any other dh appear as drawers were sudeties to the drawer, handial, which he gave to his younger brother woman, he stopped them. After mach ques. Appointed wedding parties, as it is believed he bot that they signed only as sureties to the and sisters. They ate the stuff with much tloning he learnt from one of the parties that has been making a practice of doping pro
spective bridegrooms. Pyt bank pads the drawers that so far with cramp in stomach The West Point brought her to Hongkong in sourch of
the payes, and that they undertook no guste, and shour five minutes later were seized they bad purchased the girl in Canton and had Concerned, the bill must be police were chafa, and the children, re- purchaser. They were both arrested, and at sholt names & cre not in it moved to hospit, where the stomach pump the Police Cenit, in-day, charged will bringing * the question "11" whether the princas applied. This morning they were mucha girt of ander age. luto the Colony, for an un- ciple laid down in Manley v. Boycott Jo merely collaved, bet ar fit at we can gather they lawful purpose. The accused were remanded
hospital for some
The girl, to the meantime, will be looked aftur,
treated na So that
WHILE Detective Sergeant Grant wai od board the Canton steamer Ponsaniastavening (6th inst.) watching the departure of the passengers, bis attention was called to three persons-a man, a woman and a girl, the latter not more that
|
Mr. Slado-If it was a mixed cargo we have paid the defendants the full amount we own.
pay the amount claimed, a
Evidence followed, and the case adjourned ARBITRATOR SUPPOSED TO ELucidate the
QUESTION...
In the case of the Man Cheong Yuen firm against Messi, Fokusei and. Company to recover 572 bags of rice belonging to the plain. tiffs in the possession of the defendants, of the defendants, detain; or is the alternative which plaintiffs have demanded possession and $176.94. the value of the rice, and $500 damages for the detention, the Chief Justice dƒ- clared on the gih inst, that he was unsatisfied on several points of law which had bean submitted to bim. He suggested also that the mailer, preferably, might be settled by an arbitrator. And the matter stands where it was,
Mr. M. W. Siade, instructed by Mr. Andrew G.. Jackson (of Messrs. Johnson, Stokes and Master) represented the plaintifs. Hop, Mr. H. E. Pollock, C., instructed by Mr. C. E. H, Beavis (of Mesir. Wilkinson and Grist) appear- ed for the defendants. “
A COOLIE, who was accused of entering No.395,
The monthly competition for the Captain's
4th and April 6th: The following cards were f returned — MANA MAIN
PANACAPTAIN'S CUF
*W. D, Kraft
B773. *Surg-Lt. A. Baiss, R.. 89-1673 A. Gittens,ĻA.
79-2377 C. T. Beath
Col. HMartin...
87-10 77 H. Wilson, R.Ne vestimine, o5 .P. Tester .......... 97-18 H. C. Sandford Com.H.C.R.Boucher R.M. 83- E. C. Land M. A. Murray. 89m 5
26 entries. POOL
+W. D. Kräft
PERSOA
C.-T. Beathercomentada 577- Col. H. Martip H. Wilson. H. O. Sandford. Com. H.C.R.Boucher,
16794
.87-780
18 entries The for Captain's Cap Winner of pool
Ayarge
Des Voeux Road West yesterday evening (6th RETURNS of the average amount of b inst), and stealing a bundle of firewood-the only notes in circulation and of specie in seser thing he could get hold of was dealt with at Hongkong, during the mouth as the Police Cour, this morning. The acctised March, 1908, as Certified by the m entered the horse by breaking off the lock the respective Banks ag
Banks mires when he was seen, and chased by one of He was busily engaged in searching the pro the inmates. Not to be outdone, He grabbed Chartered Bank of India, the first thing nearest him, which turned out
Australia and China, $5,666 A STABBING iray took place in the Kennedy the staircase, but was stopped by many Banki
to be the bundle of wood, and started down Hongkong shi Shing bait Town Cattle Depo last, Thursday, fajenson, coming up. The accused complained that be So far as we have learned one of the mes; could not get wirk: The kind-hearted Magis, National Bank of there are in implicated in the matter, bas trate took pity on the man and invited him to. 16, Limited, been seriously stabbed. The other is certain do six womics for the Governmept. Four hours to be found within the next twenty-four hoursiócks was also mentionedi