PREME COURT.
HONGKONG BANK SHARES.
WHO IS THE OWNER?
THE HONGKONG TELEGRAPH FRIDAY MAY 12 10II
to emphasize, and rightly so, the danger of the views I hold on the mattor, but it's fifty times as dan gorous to the other side.
Mr. Potter-There's nothing but tho nesignmont,
His Lordship-Thest must be something, even if it happens to bo the Bank's stamp, m
1909, an originating summons His Lordship-You are trying was issued. Those proceedings Wero started by way of an origina- ting summons, Chan Nu Ying being plaintiff and the only de- fendant hoing Wong Shi. On the A rather important question application was indeex-partenud 17th February, four days later, an pregnant with probablo far-reach- the rosult was that an order was ing issues to the business com-made calling upon Chan Wai Oki munity of Hongkong came up had been the registered owner for to deliver the shares of which he for discussion before the Chief two years within twenty-four Justice, Sir Francis Piggott, at the hours. At that time, he was not Supreme Court Monday morning, a party. A subsequent peremp sitting in Originál Jürisdiction,
tory order was mado calling upon him to produce the shares whon Chan Wai Chi filed a suit upon pain of committal for con against Chan Nu Ying for the tempt of Court, The shares trial of an issue as to the owner-word produced and had since ship of cortain shares in the been kept by the Receiver. Sub- Hongkong and Shanghai Banking sequently, Chan Wai Chi was Corporation. Mr. Eldon Potter, added as a defendant. Your instructed by O. E. If. Benvis, of Lordship must see that at the Messrs, Wilkinson and Grist, up- time he was deprived of the peared for the plaintiff on the shares he was the legal owner of faste and Hon. Mr. H. E. Pollock, of the shares. Ho simply handed K.O., instructed by Mr. W. Hind, som over to save himself from of Messra. Brutton and Hett, re- being in prison. That was the prosented the defendant..
position as far as Chan Wai Chi .was concerned. It is admitted Mr. Potter stated that that was that Chan Wai Chi is the legal in issue as to whether the defond-owner of the shares and unt Clan Wai Chi and, through the plaintiff to prove facts which hiva, the mortgagee Ho Man, was will go to deprive him of the ontitled to the possession of 24 logal registored ownership of the shares in the Hongkong Bank and shares. You'll be putting me in 12 now shares which had been
an absolutely impossible posi. issued by the Bank. That issue was
tion if I've to disprove a caso which the result of an order which was uns nover beon proved. Chan made by his Lordship on the 6th Wai Chi's position is impregnable, Mr. Pollock-I sont a letter ad-
A SHANGHAI COMMENT.
HOW ARUNDEL FARED,
181
his
take
content; and the only answer
out of the sampan seems to be that a soreaming
means free, and it was no Moreover how many uprisings metically soaled boiler. Blind Arundel, the boilertender of the mud what course
safety valve is better than a her
By the steamer Pekin, Richard easy mattor to make, have there been in recent years in and incoherent as the actions of Asia, whose safety has been the Whilst on the horns of this dilem Mr. Potter-The point goes to different parts of China with Ohinn's popular representatives cause of so much anxiety during na ho espied on the slope of the the root of commercial inatters.nuught batabortivo results? How havo appeared to be, it is beyond the past week, arrived in Shang hill rising from theshore two men something to justify your titlo to given to prophets of evil, ob- oven if the inovement be directed shireman-a plain son of the sea different from those of the fisher His Lordship-Thoro must be many opportunities have been question that they have exerted a hai on May 3, safe and sound. whom he took to be Chinese the shares.
Ipavoning influence. The move, Arundel is a slightly built York-morchants. Their attire was
in the rulings of Poking, to pro- eyes. sessed by tho want of coherence by a light invisible to Western and he seems to have borne the men, and ns events turned out his unguviable position in which ho surmise was correct. Bolleving phesy falsely? The only thing
was placed with no little oquani- | that in their company lie would be to be sure in China is that serious menting on the Canton outrage, through an experienco which, in in whoso presence he was, lie ran of whielt experience has taught us The Shanghai. Tinos" com- mity. He has certainly come safer than with the piratical gang
trouble, not the sporadio outburst says "It is a significant fact these modern days, and so near to them and by moans of signs mark on the probate. (After in the night and for the most tion of the Viceroy's Yamon at some extent unique, and that he his plight.
Mr. Potter-There may be some of a day or two, comos as a thief that the recent attempted demoli- to a civilized community, is to tried to make them understand consulting papers) Yes, the pro-frivolous reasons. Yet it cannot Cantou came quickly upon the has done so without injury, in bate does bour the Bank's stamp. be disputed that China sea whole hoole of the excoution of Wan view of what was happening had he remained among the What would have happened Proceeding, Counsel pointed and the Southern provinces in Sang-taoi for the murder of the around him, cast as he was on a pirates thore is no saying, but out that the effect of his Lard- particular are, and have for some Acting Tartar-General Fu Chi piratical island, is something to fortunately this was not to be. ship's decision would be very far- time been, in a most dangerous Whether there was any connection be thankful for. His adventuros Tothe credit of the two men whom reaching. It would doprive a frame of mind. The descriptions between the two events remains have lacked the exciting quality ho now asked for help, be it said, person of his rightful proporty given recently by our Canton to be seen, but the widespread un-which has characterized so many that they behaved well to him, unless he could prove something correspondent of the methods of rest in the south, coupled with the similar episodes in past days in even beyond the ordinary. Ono or other to justify his title to the revolutionary propaganda are impressionable character of the China, and to a sound common of them went back to interview property, of which he was the extremely significant. On one Cantonese, and the ardent appeals sense, which led him to seek the the islanders, and then they registered, and, in the eyes of the occasion the steamer, on which to their patriotism and hatred of protection of two respectable Chi- indicated to him that ho should Jaw, the legal owner,
our correspondent was travelling, the Manchus made by the con- nose traders in what may have accompany them. They proceeded who harangued the ship's com-riod through the stroots of Canton dangor-at a time in fact when hour's walk arrived at a small was boarded by a young man donned man as he was being cur- been for him a moment of great over the hills, and after about an
ing on them to cast off the culion, suggests that there was. were looting the Asia-he pro-wrecked man was accommodated pany in impassioned strains, call-in a basket to the place of exe-he was along with the pirates who villago. Overnight the ship- Manchu yoke and deliver the Constantly the man threatened the bably owes his early release from in the house of the merchants, Newspapers, which find their way for with their blood, and that the Innd from centuries of misrulo, officials that if they put him to a harassing situation.
where he was most hospitably death his execution would be paid ALONE WITH PIRATES.. treated, and the following mor among the masses in spite of
With the arrival of Arundel inning they embarked in a junk and rigorous censorship, are never members of the society to which Shanghai the full story of the set out for the mainland. For eix wearying in fierce denunciations ho belonged would rise and wreck of tho Asia is completed. or eight hours they sailed, and as night was drawing in landed at a and his friend represented Chanmitting the registered ownership bad. "I'm quite satisfied on the numbor of Chinese returning from the effect of striking fear to the mains to rolate his talo. The This was on Tuesday night."
is still further moulded by the vincial officials. The threats had been given, and it now only re
cannot be stated with accuracy, abroad who can bring the weight hoorts ofthe officials, who doubled Asia went on the rocks on the Next morning one of the mer
1911 represented both Chan Wai Chi and Ho Man,
is for
Nu Ying, the defendant on that but I never suggested that another issue who was plaintiff in a pre-party should be the plaintiff. ·
His Lordship-The estate was the owner of the shares prima
vious uction,
At this point, Mr. Pollock rain
od the question of intervention und the Court ongaged in a dis cussion which lasted for some time.
Mr. Potter said that he thought it would perhaps be better to ⚫stale some frots briefly,
plicated costs.
fácio,
Mr. Pollock-It does not matter who was the rogistered ownor.
quite clear. I think your title His Lordship-The point is
unless you can justify it in some to the shares is liable to be upset
way or other.
those unfortunato persons who Mr. Potter-What about all
buy the property?
His Lordship-That can't be helpod. A hundred subsequent transactions don't make a transac- tion good which was originally
of the dynasty. Public opinion massacro the whole of the pro-The other details have already amall villsgo, the name of which
Chan Wong Shi was called into of comparative criticiem to bear their guards and took other pro-Sunday morning, and that day chants walked with Arundel to:
point. the box and testified to the dent of Chan King Ting, the testator in connection with the will bearing
on the case.
and now tint an attack has been passengers and crew off, first to cautions to prevent molestation,
was occupied in shipping the made it is certain to be attributed the island and then to the stonmer to the supporters of the executed Bhaohsing Arundel was in the man even if such was not the bont on which Mr. Cousins, the
Haiman, which was reached in about eight hours' time. UNDER GUARD TO NINGFO.
The question is whether he can AN ASTOUNDING MOVE tonality which the Manchus caso. Official business in Canton, second engineor, and Mr. Miller, luck the merchant carried with
prove a title which will displace the title of the boneficiaries under
the will.
His Lordship-Now my mind is clear.
have
nevor
And underneath all is the tradi- on the Government's deficiencies. tional loyalty of the South to wards-the-long-dethroned Mings, and the strong sense of na-
By a piece of the greatest good. trodden out of at least, is certain to be violently the quartermaster, left the ship, him a small English-Chinese die- the proud Southerners. In such a disorganised, especially as several nlong with them being two Chin- tionary or text-book, although he The time has arrived for the powder-mine of fooling, the least of those concerned are in receipt ose sailors and a Japanese boy. was unable to speak a word of Colony of Hongkong to be on the incident will strike a spark to fire of throatening letters, and it is From here the boats tried to make English, and by means of thisbook, His Lordship-Doon it really
qui vivo: We must watch with an explosion, and the assassina- difficult to say when calm will be the island, but since morning aby pointing out to him the word mattor I think it would really
jealous care all attempts. of tion of Tartar-General Fu Ohi was be in the interests of your client
restored. Tho Dare to Dio Mr. Potter-The executrix was so Canton malcontents to in- no small incident. The manner Society," of which there happens sea, obscuring everything. In this acters opposite, Arundel was able heavy mist had spread over the Shanghai with the Chinese char Ho Man that he should stand out entitled to sell any portion of the volve { of this case. There will be com- estate to anyone she liked. Un- China and the present Chinese mitted, the bravery with which hai, is busy distributing letters boat were glad tomeet a junk, and to go. Evidently the morchant power friendly to in which that murder was com to be an organisation in Shang predicament the occupants of the to convey to him where he wanted less my friend can prove fraud, he Government in complications. the murderer mot his death were marking officials for vengeance, in this they were taken ashore, intended bringing Arundel to Mr. Pottor This issue has I cannot attack Chan Wai Ch. We would draw attention to the exactly calculated to inflame po and even the constable who Having spont the night in a hut Shanghai with him, but at Hai- His Lordship-Ifthero has been information furnished by our pular passion. He died for his effected the arrest of the murder on the beach, the small party tried man & difficulty arose. Here subsequent charge, I cannot say Canton correspondent, published country, making war on the orof Fu Chi has been notified that to convey to the islanders that they thorea was a man who could speak whether a prima facie caso has in the columns of Friday even- Manchus and glorying in his his days are numbered. If this wished to be taken back to the some English, and in the course been made out,
ing's issue, wherein it is stated death; and many persons "sighod reckless body is behind the attack steamer, and as the latter made of two conversations Arundel Mr. PotterThe fraud consists by our correspondent that deeply and shed tears when they upon the Yamen at Canton the preparations to go off in sampons learned that he could not proceed. of this that the shares were not Yesterday the Self-Government
Government will find itself hard to foreignors thought that they further without the permission of sold at all.
his blood on the ground." Investigation Society distributed Not the least noteworthy fea-pushed in those parlous times to would be taken to safety. While the senior local official who was at His Lordship-There's a con-hand bills to the public stating ture of the Canton disturbance palliate them. A grave mistako five of them were put into one Ningpo. He was told that a mess- flict of two prima facie titles, that the members had been in is the scrupulous caro that would was made by publicly displaying sampan, Arundel entered the age had been sent to him and that agreed that Ho Man should raise Now I'm coming to the position structed by the Canton Viceroy that seem to have been taken by the a man likely to be apotheosized other, and the boats pushed off, ho would be shipped to Ningpo.on
I've maintained right through.
His Excellency was in receipt of insurgents to avoid injury to for his deeds, and a graver one. It was here that the adventures the Friday. Friday came, but Mr. Potter-Chan Wai Chi was telegram from the Governor of foreign lives or property, says the will be mado if the officials now of the unfortunato mau began there was no sign of hus going to llongkong as to the influx of the North China Daily News. In exhibit fear of his friends. Strong The sampon in which he was Ningpo. He found himself to all His Lordship Now I see clear-people from Canton into Hong-no sense, we are told, is the move- and prompt action is demanded.
arison out of a letter which was
writion by Messrs, Wilkinson and Grist on behalf of Ilo Man as his solicitors. It's roally a result of that letter that this issue was directed on the 8th January, 1911. That really was the start of the whole mattor.
After sonio discussion, it was
his own issue,
His Lordehip-I think it would save costs if the proceedings wero to run on and then adjourn for a day or two in order to allow a formul issue being framed.
After further discussion, it was finally agreed that Ho Man should stand aside and in the event of his being entitled to argue his title, then corroborative evidence
could be called.
Mr. Potter-It was really are sult of that letter that Chan
Wai Chi was made plaintiff in this oneo. There are certain allega- tions of frand. against my client, My friend is trying to make me answer the fraud.
Mr. Pollock-I don't know if
my friend is trying to alter the
Ordinance.
Mr Potter-Let us go back to 1000. A man named Chan King Ting died on 31st July, 1900, at Chefoo. By his will ho appointer Clan Wong Shi-
Mr. Pollock-I think it would simplify matters if we call them by their last two names. They are all Chinus.
the defendant.
ly why I made him plaintiff,
Mr. Potter-If your Lordship is against me, then there would bo no safe guard for any man dealing in any way in sharos.
His Lordship-I quite agree. Mr. Potter-It comes to this that any man can be called upon to be in the possession of shares, by a beneficiary how he has come His Lordship-You're opening up a large field of discussion of the law. You are trying to prove your case on a points of law.
tiff to prove his case.
a
kong during the last week, In the telogram it is stated that Hongkong was so crumped with the people from Centon that it was impossible to accommodate such a multitude. It is reported that the Governor intends to limit the number of people land- ing at Hongkong.
We congratulate our Canton correspondent for contributing news so important in character.
This must be an attempt on the
BOW
SUNDAY SERVICES.
pinced alone made for the wreck, intents and purposes a prisoner, ment anti-foreign; and for all the
and in spite of all ho could do to for while he was allowed to walk safety of Slumsen is concerned, the foreign gunboats lying in the river might as well be at Hong-
persuade the men to carry him to about he was over being watched. the Shaohsing, the fishermen took On Monday night, however, he him straight to the Axiu, and thero left on board a small Chinese kong. It is not to be supposed that foreigners are any the more nion, at 8 a.m.
Peak Church-Holy Commu-started to loot. On the way to the steamer, and noxt day reached beloved than in the past; in-
wreck the boat containing Mr. Ningpo. Here a foreign officer deed no small part of the com-
St. John's Cathedral, Hong Cousins passed within a short dis was waiting for him at the jetty, plaint against the Manchus kong. 30th April: 2nd Sunday and though the latter signalled by the British Consul. Arundel tance of thatin which Arundel was, and he was soon being interviewed is the humiliations to which aftor Easter. Holy Communion, and shouted to them he was un- was clad in his ordinary ongine they are declared to lave 8.15 a.m. Matins, 11 a.m.: Re able to attract attention, and room rig-out, and the Consul exposed China from abroad. But sponses, Ferial; Venite, Hindle; within a few minutes he was kindly provided him with a suit the inevitable, consequences of part of the Self-Government interference with peaceful trader Fealms of the 30th morning; Te alone with the islanders. These of clothes. He left Ninggo on Mr. Potter-No, I want plain- Investigation Society to score are now fully realized, and the Deum, Lawes, Cooke and Hoping, but all at once they desisted in Shanghai concluded the lost no Lime in the work of loot-Tuesday, night, and arriving point not only against the immediate quarrel lies elsewhere. kins; Benedictus, Baraby. Holy and made for shore. Their hurry most adventurous ton days of his His Lordship-There's an es Viceroy, but also against the The significance of such a policy Communion, 11.45 a.m.; Hymns, to be off is easily explained. life, part of which the worst sential point you must prove-Governmentof Hongkong. Wespy is not likely to be lost upon Pek-140, 250 and 197; Kyrie, Hiles in Arundel saw nothing to cause whore did you got the shares authoritatively that the Governoring; but in what way the Govern. Evensong, 5.45 p.m. Ro-
part-was spent among people of this colony sent no such tele- ment will act upon its deductions, sponses, Forial: Psalms, of the dently the fishermen saw a foreign than savages.
thom to leave so hastily, but evi who to his eyes were little better gram to the Viceroy of Canton or is difficult to sec. There will, no 30th evening; Magnificat, Nune bout approaching. As a matter to any other person.
The Viceroy could not, there- inquisition against the entry of them, "Sing prajees,"-Gounod: been dispatched from the Ame doubt, be a redoubling of the Dimittis, Maunder in G. An- of fact at that moment a boat had fore, have so informed the Self Go-rebels and weapons into China Hymns, 13, and 420; Sevenfold rica Maru with the object of vernment Investigation Society, which already bears heavily up Amen. Preacher, Rev. C. E. looking for the missing mun, and which, if thisis an example of their on the people. But these style and method, should be re-things are of the order that Thompson, B.A.; Voluntary, Fan-it was this that had mande the mon named the Self-Improvement are not seen, and some more
taaie and Fugue-Bach.
so suddenly cease their work of Society, and they should at conspicuous sign of repentance is
plundor. once engage.competent instructors demanded of Peking if revolu- with a view to attaining that tionaries are to cease from troub degree of improvement appar-ling. A native critio, comparing ontly so necessary for them. the murder of Fu Chi with that Is it possible that the Viceroy of of Governor En Min in 1907, has Canton would lond himself to euch shown that the Anhui atrocity subterfuge that he might, by hastened the publication of the sadoing, check the outflow of law Constitutional reform programme.
from?
Mr. PotiorNo, my Lord. Mr. Pollock-Undor what cir- cumstances they were obtained,
Mr. Poltor
Suppose after your ho solls the shares and so on, you'll be getting the person who may happen to hold tho sharos in the unfortunate posi- tion of not being able to prove how he got them,
UnionChurch, Kennedy Road.- Special Morning Preacher, Rev. G. H. Bondfield. Public Worship
A HOUSE OF REFUGE.
Daily Nows.
"North China
LOG BOOK.
The British steamer Inveresk, conveying two thousand tons of railway pontoon materials to
a rock off Mozambique. The de- Japan from New York, has struck
lay caused by this accident moşns
that the restoration of railway
Back to the shore they went, 11 a.m. and p.m. Service for and now Arandel must have rea Children in Peak Church at 3p.m..lized that he was to some extent conducted by Rov. C. H. Hickling. a prisoner in their hands. When Road, West.- 3rd Sunday after leave the sampan; and whilst seriously affected,
St Peter's Church, Queen's they landed he was not allowed to communications in Japan will be Easter, 7th May, 1911. Matins, the men were stowing the
Mr. Pottor Certainly. Proceeding, Mr. Potter said that by deceased's will, he apgistration came about?
His Lordship-How did the re, pointed, Wong Shi, his con- cubine,
Mr. Potter-There was a trans- his executrix. Part for. of the estate loft by the testator
Mr. Pollock-The transfer was King Ting consisted of 24 aliaros made for a nominal consideration in the Hongkong Bank. To of $10! wards the end of 1006, the shares were transferred by the executrix That's a matter for attack by my of the Canton district who are ton will similarly hasten the Psalms, Langdon's Collection.
Mr. Potter-It does not matter. abiding and peaceful residents It may be that the unrest in Can. 11 um. Venite, Elvey Banks, loot ashore one of the crew-and Captain Lincoln, after thirty to Chan Wai Chi in part payment friend. Your Lordship must sea seeking a domicile where peace, 'roassembling of the Tazochen Henley, Tront. Te Deum, Wood. 4 villainous looking gang they four years in the service of the
a
1
C.M.S.N Co., his last command being the steamer Kwangles, has
of monios advanced to the estate in what an awkward position my law and order is assured?
weto-pushed the craft out into by the lattor. Early in 1907, friend is trying to put me in. Ile's
yuan; and it is possible that such ward, Smart, Turle, Kyrie, Abba. the water, Hero it remained until Clian Wai Chi bocamo the registrying to get me to disprove a case will now, and always, welcome relief to the general pressure. Communion, 12.15 p.m. Even on board again, and so Arundel retired from active service.
The government of this Colony a course would afford some Hymns, 107, 204, 100, 301. Holy the pirates were ready to proceed tored owner of the Hongkong of which I know nothing.. Bank shares. Although the exact
with open arms all such Chinese There seems little reason to song, 6.30 p.m. Paalms, Gross, had no chance of escape. The date was not admitted, the fact
His Lordship-It's quite clear as are now coming to Hongkong doubt that Peking is indeed Magnificat, Smart, 14th p.m. second visit to the Asia Insted for While the MM, str. Australien was admitted in an affidavit filed you must justify your title to the in hordos. They are China's alive to the situation, and that it Nuno dimittis, Barnby 7th p.m. two or three hours, and on this was coming up the river atShang by Mr. Hott,
shares. That's the whole ques boat, it spells loss for Canton, but has good men both, in high and Hymns, 379, 330, 552, 24. cecasion the marauders were lini on Saturday week she had Mr. Pollock-Tho date is Merch, first thing you should have pro- all ye affrighted!"
tion. I should havo thought the gain for Hongkong. Welcome subordinato places who might St. Andrew's Church, Nathan allowed to continue their nefari- narrow escape from 1007 Ingree on that point. duced was the probate. On the
introduce changes for the better, Road, Kowloon 3rd Sunday ous work uninterrupted. : To. with the str. / Kobi Mr. Potter In September, faca of it, you are not entitled to
were they allowed time. But the after Baster, 30th April, Morn wards evening they set back was lying the 1903, in security for a loan of the shares.
Mr. F.W.Maaze,Commissioner tragedy of Peking is that it is ing Service at 11 am Holy once more, and now Arandel 811,000 Chan Wai
of Chinese Customs, who was allowed no lime because it roosives Communion at 8 am, noon. Enn saw a slight hope of oscape Mr. Potter-I don't know what formerly stationed at Tongyoul no confidence from the reform day School of 2.80 p.m. in British from Ho I have to prove. There's the on the Indian frontier, has been party It is then the question wliot School, Evening Service al 6. Ho fearer
+
posited the sharesinde
Man, That is not very important probate, the assignment and the appointed Commissioner of Que her the debates of the Tazeohen P
an incident in the certificate of shares. There's toms at Canton, the commercial yuan wou CF is 18th February i proof perfect.
capital of south CHIT
be mo