182
SUPREME COURT:
THE HONGKONG BANK
SHARES ISSUE.
BANK ASSISTANT'S
EVIDENCE.
THE PRINCIPLE OF
ENGLISH LAW.
Before his Lordship the Chief Justico, Sir Francis Piggott, on the Original side of the Supreme Court Tuesday morning, the trial
·was resumed of an issue as to the
ownership of 24 Hongkong Bank shares and 12 now shares issued by the Bank. Mr. Eldon Potter, instructed by Mr. C. E. II. Boavis, of Mosers. Wilkinson and Orist, appeared for the plaintiff (Chan Wai Ohi) on the issue and Hon. Mr. H. E. Pollock, K.C., instruct od by Mr. W. B. lind, of Mossrs. Brutton und fett, roprosented the defendant (Chan Nu Ying) on the issuv.
His Lordship -What's tho practice of the Bank when probato is prosented without a special object?-Wo enter it in the books. When a person has shares, du you enter them in the hooks? Not necessarily.
|
the ground that non-production of vouchers was no ground for 'disallowance of the items, Tho application was refused on the ground that the inquiry could not bo re-opened once the items had been disallowed. The case stood this way. Those disbursements which land been brought forward to show that they had paid curtain items were disallowed. If they woro dissatisfied with the order they could havo appealed in the ordinary way by motion applying for discharge or variance, and the Registrar's decision could have been upset. This question is im- portant on the issue, as it was on
die diebursements that the loan by Chan Wai Chi hanged.
whether it's roloyant at all! This issue deals with a title to cortain shares.
Mr. Potter-The question is
His Lordship ngreed.
THE HONGKONG TELEGRAPH FRIDAY MAY 12 1911
being guilty of breach of trust but ono of leading "money to the oxecutrix on n will in respect of which all the beneficiarios agreed.
SANITARY BOARD.
(1) A tablo showing the amounts of money on nullali train-
(2) Tho amount of nullah training, murked on the map with the year of completion of the work opposite it.
CANTON NEWS.
TERAPE' CORRESPONDENT.)
Canton, May 8th, DISGUISED ANARCHIST ARRESTED). Some days ago an anarchist (3) Tho amount of nullah train- disguised himself as a woman in which has been asked for, i.e.order to escape the attention of recommended by the bourd for urgent construction with dates of the police. His disguise was well
Amooting of theSanitary Boarding during each year from 1901 (TAR washold Tuesday afternoon. Thore to 1010 inclusivo. wore present-Mr. E. D. O. His Lordship Then you say that an infant can't re-open bo- Wolio, Hon. Mr. A. Cliathum, cause the guardian turns round. Mr. A. Shelton Hooper, Hon. and says "I was your guardian." Mr. A. Howett, Mr.. Ng Hon
Mr. Pottor He has his remedy. Tzo, Dr. F. Clark, (Medical Officering, In this case, there were five bone of Health); Dr. J. W. Hartloy (As ficiaries. Four wore of age. Ono was not, and hand a testamentary sistant Medical Officer of Health), guardium, Now the powers vost- Dr. Fitzwillins, Col. Bedford ed in a testamentary guardian aro and Mr. W. Bowen Rowlands vastly superior to those of an or- (Secretary). dintry guardian.
His Lordship-Was ale up- pointed testamentary guardian?
Mr. l'atter-Yes."
administration that would be
Do you say that in a case of
comploto answer?—Yos.
Fürther hoaring was adjourned.
Out of the 3,749 Chinese stud- ents at the Japanese capital 1,000 are supported by their respective provincial governments, homo schools or educational boards which transinit to thein regular monthly allowances through the Chinese Minister thero, says the
The
"NO CHANGE OF NAME, A letter from the Colonial Secretary was received with re-
your letter of the 13th April, Tom gard to the change of title of the board. It ran:"Roferring to directed to inform you that no change will be made in the title of the board."
The letter was, laid on the. table on the proposal of the Chairman.
recommendations.
(1) The most malarial districts, as far as they can be ascertained, differentiated, on the map, by
colour,
A' WELL..
A report was received from
ground floor of 16 Gage St, and Insp. Taylor to the affect thine e had discovered a well on the
that the owner was using the water therefrom for the purpose of washing.
The Hon. E. A. Hewett asked if caso could be made out against the owner or tenant, und whether they could be prosecutod. Ho considered that it should be done if possible.
SANITATION.
Applications for permission to erect two water closets at now Victoria theatre, Dos Vooux Road, were also dealt with.
got up, but unfortunately he was suspected by some braves station ed in South Street. He tried to run away but in the struggle his
"TIES" CONTAIN
DYNAMITE L Some time before the outbreak
of the tumult in Canton, two
HONGKONG CORONA -TION CELEBRATIONS.
The following list of subsorip tions has been forwarded to us for publication: Hongkong and Shanghai
Bank
Jardins, Mathosen and Co.,
Ltd. .....:
$1,000
1,000
·1,000
1,000
1,000
750
500
500
Butterfield and Swire.. David Sassoon and Co.,
Ltd wig dropped and ho was accord-E. D. Sassoon and ingly arrested.
E. Pabanoy Molohors and Co.
Deutsch-Asiatische Bank 500 Arnhold, Karbarg & Co.... 500 Carlowitz & Co.
500
Hamburg-Amerika Linio 500 Siemsson & Co. Norddeutscher Lloyd Jobson & Co....... Garrels, Borner & Co...... Chartered Bank of India, Australia & China ...... Union Insurance Society
of Canton, Ltd. Reiss & Co........ Chater & Mody G. if. Medhurst Reuter, Broekelmann and
Co.
quoueless Chinose and threo wo mon took up their quarters in a house near Saf-wu Street. The day after the outbreak the two men were arrested while going out in chairs. The news of their arrost was brought to the knowledge of the three women' by the chair coolies. The women displayed great calmness, and left the house in chairs, but they never return- theed. The matter was reported by the landlord to the police, and the house searched. A quantity of arms and animunition were dis- covered. A few days afterwards the house was clounod, and three baskets containing eatables in the form of pies and rice horne, wora found. Thoy wore thrown into the streets. A number of poor children in the neighbourhood and a woman at once made for the eatables. The female beggar was 50 lungry that she swallowed one of the pies. She dropped doad instantly. On examination it was found they contained nothing else but dynamite.
Permission was also asked for versity Hostel, Bonham read. to erect four urinals at the Uni-
Mr. Pollock-The troublo is TO REJUVENATE CHINA. that it'll inako my cross-oxamiņa- tion of Wong Shi considerably lossened. I've a lot of bombs to
RAT GUARDS. fire at your Lordship (Laughter), Mr. Potter-1 told your Lord
minuted the following with re- The President of the Board Mr. Evans, of the Hongkong ship that any friend had a lot of Bank, was called into the witness-bomby in his pockets to fire at
guards: In connection with tho gard to the inspection of rai .box.
your Lordship (Taughter.)
Proceeding, Mr. Potter said
provision of rat guards, raised by that all he had been asked by his
one of the members, it has been Lordship to do yesterday and he
found difficult for the sanitary was bound to do it--was to show "Hankow Daily News."
inspectors, who are not engaged how his ficat came to be in the buys are taking gront pains bye-laws. I therefore recommend on harbour work, to enforce the possession of the shares in dispute.
This Lordship-Not only that in the selection of the educators that the following officers, of the but you must show you are entitl-who are to rejuvenate China to deputed by the board, undor harbour master's dopartinont, be
make sure to sond conservative section 256 of the Public Health hlained if the oxocatrix had competent mon to' "start tho and Building Ordinanco, to on-ed to deal with the complaints acted wrongly? Even assum-evolutionary mechanism going force the bye-laws for the proven made against the conservancy ing for the sake of argument and the ardour of the radicals heretion of the dissemination of the contractor, reported that they had that she was guilty of breach of is being repressed to eliminate by Edward
fined him $20 on one complaint, trust, want has that to do with Chan
while the others had been drop- Wai Chi? It was never suggested
pad. The complaint in queation that the money had gone into his
was that two of his boots were found in a pockotų
dirty condition, and that another was partly full, con- trary to the regulations.
When persons becomo owners of shares do you put them in thood to them. books? It's not necessary, thougli it has been done sometimes,
How are you to know then who is the owner of the shures. In this case, the shares scom to have belonged to the doccasi.-Our only method is to keep a probate book,
So that whon a transfer comes about, the oxocutor becames the holdor of tho sluros?—Yes,
•*
In answer to further tues tions by his Lordship, witness stated ho was not in a position to offor a suitable explanation. He lad merely boon issked to come forward and produce the probate book and testify to the entrios
Mr.. Potter-Am I to be
His Lordship-But the fact is fairly patent that ho know all that was going on and was a consenting party.
I
Mr. Pottor-It's for my friend to show why I should not continue to ho in possession of the shares. Surely it's not for me to show why should continue in possession of thom! I've already proved.my Mr. Pollock-It's meant to re-client to be the registered and gister probato as well?—Yes.. for that reason, the legal owner of
Every transfer must be made the shares. out by dood?-Yos,
inado thoroin.
His Lordship-It sooms to me It's also the practice that you that the family wasn wealthy one don't recognise a transforce unless and lived beyond their means, his nomo is approved and entered beyond the will and borrowed on the register of the Bank?-money from Chan Wai Chi and Yes.
paid him out of the estate.
Mr. Pollock (To his Lordship) That may be important by und-bye. It negut be import- ant now. It's Articls 62 of the Deed of Settlement.
Mr. Potter-Borrowed through, the executrix. and transferred shares in return.
His Lordship-I can't say. Mr. Potter-Sho must have done so. There was no other way. If Chan Wai Chi so pleased, he was entitled to lend money to the executrix. Sho executed the transfer herself.
Witness was thou excused. Mr. Pollock said that with rögard to the question of disburse ments, or alleged disbursements, ns a matter of law, the other side was precluded from taking up the question. The power of the Rehim power of attorney? gistrar was final and binding.
Mr. Potter-Tho question is not relevant on the issue,
Ilis Lordship-But she gavo
Mr. Potter-When the timo came for the sale of thoshares, sho inado the transfer horself.
dissent.
AILI
any semblance of a revolutionary tendency in the movement." The students are inaugurating their compaign in a, very business-like manor. All their sessions are orderly and deliberate, only the Chinese language is spoken as a precaution to secreoy and while number of Japanese reporters live sought information as to the proceedings no one has been ablo to find out much about thom. Six more representatives will be sont off in short while and those workers will be left in the field, the force being gradually in creased, until the moral and social uplift has been carried throughout the Empire and old China holds up her lead to assume the rank of world power among the nations! Whilst one is able to do nothing else but admire such a scheme, it seems to us that these students young and generally hair-brained have a long, a very long way to before Chinn's "* rojuvonation" (which the writer so onthusiasti- cally enforces upon one's mind) will take place,
a
go
DELAYED MAILS.
MANILA MERCHANTS MAKE
COMPLAINT.
The question of delayed mails is just now agitating the minds of merchants in Manila. Recently there have been frequent cases of
boarding officer.
Arthur Edward Davey, 1st
boarding officer.
Rufino Lizola Rocha, 2nd Sinoa Nunos, 1st junk in-
speekr.
THE CONSERVANCY CONTRACTOR.
The select committee, appoint-
THE ESTIMATES.
A minute by the President was submitted relative to tlie suggest- ed changes in the draft estimates for 1912.
papers.
THE WRECK OF THE ASIA.
EX-SKIPPER'S VIEW,
The "Landing Light," of Shanghai, which is odited by a well-known ox-skipper of the
Sander, Wiolor & Co. W, Moyerink & Co. Ferd. Bornemann & Co.. F. Blackhead & Co........... Gilman & Co. Bradley & C. China Traders' Insurance
Co., Ltd.
British American Tobacco
Co., Ltd. Hongkong & Whampoa
***
Dock Co., Ltd. Hongkong, Canton & Ma- pro Steamboat Co., Ltd. E. S. Kudoorie & Co...... Vacitum Oil Co. Schuldt & Co. Bume & Reif...
Wendt & Co.
China Export-Import-&-
Bank Co.69 30
Kruse & Co.
minute in which he suggested The President said that was a that, under section 256, certain officers of the Harbour Office should be appointed by the Board to enforce the bye-laws relating to the provision of rat I should like a copy before wo Mr. Shelton Hooper minuted: guarde. It was obvious that discuss it. It is impossible to quired in cases where ships on account of the short time China coast, has some caustic ro Hugo C. A, Fromm...... rat guards wore only rocarry all the details in one's head were moored against the shore, allowed for the circulation of the marks to pass upon the circum-Berblinger & Co...... but even so it was a very much simpler matter for boarding offi- cers, who had to deal with the matter in the ordinary course of their duties, to have the matter in hand, than a sanitary officer, Of course an inspector could do the work, if the Board wished; in addition to his own duties, but he did not think they So far as he (the President) was had so many opportunities. aware, the Board had power to dologato authority to the boarding officers. The police could hard ly deal with the matter.
minuted:-Dotails should
The Hon. Registrar Genoral bo given of the latrines and urinals recommended for inclusion in the considered necessary, and those estimatos.. The training of nullaho is essentially a sanitary mattor, and the initiative should be with the Sanitary Department..
500
8.600.
00:
500
500
500
500.
500
260
250
250.
250
250
250 200
200
250
250
250
200
200
150
150
Houser, Eberius & Co.....
··150.
Ruedecker & Co.
: 160
150
150
150
Dra. Muller, Justi & Hoch
150
100
100
100
100
100
100
100
100
100
100
100
100 100
100
100
100
100
100
100
100
Chr, Witzke & Co......
75
50
50
60
60
50
50
50
50
50
50
50
Douglas, Lapruik & Co.... Douglas S.S. Co., Ltd., A. 8. Watson & Co., Ltd. John D. Humphreys &
Son. .......... Vernon & Smyth............ Thos, Cook & Son.
Johnson, Stokes & Master Deacon, Looker & Deacon Wilkinson & Grist Ewous & Hurston Brutton & Hett.......... M. J. D. Stephens ......... Dennys & Bowley Stewart Bros. .................. Layton & Co.,
od:-I have not time to consider loged piracy in the vicinity of the Arndt & Co.
Hon. Mr. E. A. Hewett minuttances surrounding the wreck of Ulderup & Schluter
tho Asia. Dealing with the al-Char, J. Gaupp & Co. these figures now,
fatal island the writer points out Mr. Lau Chu Pak:-it is cus-that the fisher folk seem to have tomary to send a copy to each behaved as const folk all the member..
world over have bohaved when wreck is cast up in their neigh vory long ago a case of" wrecking" bourhood. We know that not so
of one district being guilty of de- occurred in Cornwall, the villagers liberately luring a ship on to the rocks. The Chinose junk and sam pan folk who swarmed round the Asia in no way broke the law, until Hon. Mr. Howett said he thought The draft estimates consisted the officers and crew had abandon- thewater-police could do tho work, of a mass of inanuscript, and in-ed the vessel. The wisdom of this The President said he thought oluded the following: (a) A state- abandonment is open to question, they would have noticed that ment of the estimates and ox-since it naturally suggested to C. Montegue Ede there had not been any case for a penditure for 1010; the estimates the natives that the vessel had Mr. Pollock referred his Lord want to show is that I've made
opinion that it was because a case during the first three months the "Leading Light," long time, and he was of the for 1011 and the expenditure been left to her fate.As A. Buno ship to an order made in Cham out a prima facio caso. If people
had failed, on the ground that it of 1911.
with Lurake & Roggo bors by his Lordship on the 21th nssant to do a certain thing, they
had been brought by the wrong also compared with the oxpondi- points out, no attempt whatever A. Prieu
The latter was first-hand knowledge of the facts, Kuhn & Komor June, 1910, on an application cannot afterwards come back and froight arriving in the Islands bo-people. He did not think they turo during the first quarter appears to have been made to H. E. Pollock.......... which was made by way of an dissent. originating summons, for certain Mr. Pollock-An infant cannot fore the invoices sent by mail.
could doputo the water police to of 1910. (b). The analysis of protect the ship with a view to M. W. Slade necounts to be taken.
Major W. H. Anderson, of the they would have chiefly to deal A statement of the increments to in order to prevent hor slipping Eldon Patter
perform the work. The boats incidental expenses for 1910. (c). salvage. She was not anchored C. G. Alabastor His Lordship The order Mr. Potter-A guardiun has the well known firm of W. H. Andor- with would be river steamors. which officers of the department back into deep water, and sinee Sir F. T. Piggott thore would havo related right of absolute disposal of pro-son and Co. eites the case of a That was why he had suggested it, will become entitled to during the such action, in view of the faut Hastings & Hastings to certain shares in the Yangtsze porty. The ward has legal large quantity of mail that was Thelarbour master had proposed year 1912 if their services have that the vessel was only sub-H. Hancock.. Insurance Company.
Mr. Pollock-Thio order was
remedy,
forwarded from llongkong rocent-these men, because, he took it, been such that they can be re-merged as far as No. 4 hatch, J. E. Josaph His Lordship-If I wore to ly on the Yuonsang, leaving that made for various accounts to bo sanction what you are asking me port at 1 p.nu., instead of on the they would have the work easily commended for them. (d). A would certainly have resulted R. A. Gubbay..... taken an account of personal to, I'll upset the whole principle Zafira, which left at 4 a.m., on the
statement showing the increase in the saving of 0 ostate, funeral expenses, legacies of English law as regards the same date. The Yuensang takes should report thomselves, when 1012 estimates,
Hon. Mr. Howeit said the men and decrease proposed in the part of the valuable cargo. W. Schellbase
large M. S. Sassoon.. and annuities coming into the Chinese.. The Chinese could then about 70 hours to make the trip they went on board. lands of the plaintiff, and so on.do what they liked with wills.
and fittings we must agree Th. Christiani. while the Zafiro makes it in 50 to
with our northern contemporary C. Koenig The matter came up before Mr. Mr. Pottor Thoro's nothing in | 60 hours, Kemp before he went home. On English law to prevent a person
can curry warrants if it is wished.
little done. Had a portion of D'Almada & Smith... that littlo was attempted and very Medical Hall the 10th September, 1910, Mr. from doing what he liked as long a government official of the bureau that the mattor be dealt with in
It is suggested in Manila that
The Hon. Mr. Howett proposod
the crew stood by the vessel S. W. Tso Komp disallowed the funeral ox- as property is vested in him. In of posts be sent to Hongkong committee and this course was
until a gunboat arrived to guard J. II. Gardiner ponses on the ground that no this case, all the beneficiaries whose duty it will be to expedite adopted.
her from looters, there is no Goldring, Barlow & Morrell vouchers, were produced. The under the will agreed to do a theso mail, tranehipments, in
doubt that the loss to the owners Otto Kong Sing............................. amount was a very large one certain thing, namely, to borrow caso it is inexpedient to have the Arthur Edward Davey, 1st board- The President proposed that -nearly $5,000.
and passengers would not have On
We are requested to mention the money. If the beneficiaries agreed matter attended to by their ing, officer, Rufino Lizela Rocha, derick Reichman, proprietor of cumstances, it is to be regarded however small, will be welcome.
In the case in which Mr. Fre- been so great. Under the cir that subscriptions of any amount,.. general question of disburse to throw the property into the American consul there or by some 2nd boarding officer, and Simon the Grand Hotel, med Mrs, as natural that the Chinese Lists for the signature of sub ments, Mr. Komp disallowed harbour, they could have done so. of his employes. the whole of the disbursement, There's nothing in English law The Manila officials are now in pointed to enforce the bye-laws Hotel, Kowloon, for
Nunes, let junk inspeotor, bo ap-Mary Uschmann, of the Station fisherfolk should have done what soribers, will be placed in the side of the account and said plain in a caso where the beneficiaries communication with the Hong for the prevention of the dis terim injunction to restrain by saving from the soa the valu- the next few days. Subscriptions an in-they could to benefit themselves principal Hotels and Clubs within tiff could be assumed to be in agree on a certain course of action kong Government,-. •| possession of the whole or greater to force them to observe the exact
Bomination of the plague by rats.: the defendant from carry-ables which word left at its mercy may be sent to the Hon. Trea part of the ostato.
Colonel Bedford seconded, and terms of a will,
ing on the business of a hotel- The US gunboat Helens might surer, Coronation Celebrations Mr. Potter That inquiry was Mr. Pollook-Yos, there is, A complaint has been lodged the resolution was carried.
keeper in the Colony, his Lordship | have preserved the wreck if she Committee c/o Messrs. The noror concluded. It's clear we Mr. Pottor My friend says at the police station by Wong
the Chief Justice, Sir Francis land remained on the soone; but Hongkong & Shanghai Banking Yung, an unemployed Chinese, The head of the sanitary de Piggott, refused the application the Asin was completely deserted Corporation. Mr. Pollack-There's the ques of 104 Dies Voux Road West. partment minute:-I should be on the ground that there was no as soon as it Mr. Pollock-I can't refer to tion of an infant.......
He alleges that on the 7th inst., much obliged if you could have good reason to suppose that the that the crew and three or four items at the same.
passon Mr. Potter-There's only this about 1030 p.m. he was approach a map prepared showing the ex- continuanes of defendant's busigers were anfe. The junk We note from the time. It's beyond every powers. infant who is giving us all this ed from bolind by a man who tent of nullah training, in and, ness would inflict injury on folk may not have been within Dragon, the Queen's Colleg He took out a summons, which trouble. It's rather significant put one hand over his mouth and around the city of Victoria, in- plaintiff's business,
their rights in then looting her, journal, that Mr. J. O.. was quite a proper procedure to that he is the only person who the other over his eyes. A cluding Shaukiwan, and another Mr. Eldon Potter appeared for but such action on their part was the donor of the College adopt, on the 10th October, 1910, disagrees. It doesn't make our confederate then relieved showing the same thing in plaintiff, instructor by Mr. J. H.. certainly natural. The conduct, matical prize, lias conser and the result was that the order. legal position any stronger but him of his pocket book, Kowloon. I propose hanging Gardiner, and Hon. Mr. H. E of the caplain, officers and crew write the description was discharged or varied. What the foot is there, Ho has his containing $65. The com" them in the board room, Pollock, K., defended, instruct of the wrecked Asin was in all Prosiito Mr. Wakeman decided on that remedy, although he has been plainant says that ho can identify Dr. Fitzwilliams minuted ed by Mr. Reader Harris,
respecte courageous, but wo ques Carnary point appeared on his notes. Mr. ro-imbursed out of the property. one of the three man, who have Attached to the map I should likeThe trial of the notion will come tion the wisdom of the hurried.
applied for a reinquiry on It's not a case of the executrix boon concerned in the robbery. to sea
on shortly.
abandonment of the
can't be estopped when the inquiry there is. was never finished.
}
before then.
Tho President - The
NULLAHS.
ກກາານ
1
MOTION FOR INTERIM INJUNCTION REFUSED.
HOTEL COMPETITION IN
HONGKONG.. ··
:
WOS known
25
25
25
26
Yellow