267
SUPREME COURT.
Chinese Account Case.
Judgment Delivered.
Ancestral Sacrifices.、 Interesting Judgment.
Sir Henry Berkeley, K.C.,-up
Eldon Potior,
ཚ
|
THE HONGKONG TELEGRAPH
SATURDAY JULY 15 1911
On
thom. It seemed to
31
THE SHANGHAI DOCK AND ENGINEERING
00. LD...
The fifth annual general meot-Į
COMMERCIAL.
Hongkong Coal Report... Mosure, Hughes and Hough's coal report, dated 7th July, states - that 1,000 tons of coul are expect
was 400 lbs.
STRIKE OF BOAT- BUILDERS.
what innumerable details were called "ancestral, worship," the submitted to the Court: as to (d) ter that same your born in the 9th laid before it; how carefully acts of reverence which all Chin- and (e) thero should be a reference moon and that she, herself, was 22 when the daughter was born overy foot was weighed in order oso porformed periodically bofore to the Registrar.
The Puisne Judge said that and she is now 44. Further sho to decide what the person's roal their ancestral tablots como within intentions were. But in this case the old monning of "superstitious after reviewing the general faots said there were no records of there were only a fow allidavits use": it was enough now to say of the case that on the question of births in the family, "the record and his Lordship felt very strongly that such a bequest cuso within domicile he agreed with the learnis in our hearts." The father
Kebuo, oto., 3,000 tons from In the Supreme Court on Mon- that even if they were not in con- the other rule against perpotuities ed Chief Justice there was nothing who lived in Cauton was not g of the above Company was ed from Wales, 67,000 tons from day morning a cuso was heard be-flict it would be impossible to and was therefore bad. So far as in the vorz slender evidence bo-called and in regard to the held yesterday at the head office, Japan, 10,200 tons from Hongay, fors Mr. Justico Comportz in decide sneli a question upon the law of the domicile was con- fore them to show that the deccas- evidence of the women, weighing 26 Broadway. Mr. Jolin Prentico Borneo, and 4,000 tons from which the Tak With Lung firm them alone. But they were in carned, and its influence on the ed over intended to abandon his lit in regard to native peculiarities, presided, and other Directors North China. The major portion were plaintiffs and Chan Chan Kat conflict, 'thoreforo there was an boquest, it disappeared in the domicile of origin. The ovidence he thought it advisable to con present. wore Messrs. J. W. of this has been sold, and fire A small rotail business only is, additional reason for holding that presence of the law of the place as far as it, went was rather the sult assessors and by agreemont
reported since the last circular, defondant. The plaintiffs claim the presumption in favour of the where the property was. There other way and he was of opinion ho had constilted the Hon. Mr. Bandow, U. E. Anton and E. G. cargoes are for Cunton. od from defendant the sum of 118 domicilo of origin was not rebut-foro so far as those seven shares that the deceased never moant to Brewin and the Hon. Dr. Ho Kai. Barrett. Altogether 9,915 shares
The quotations are:-Cardiff, dollars, being balance due for tod. There was one paragraph in the leaseholds wore concerned ake a permanent home in the The questions he had put to these woro represented. The Chairman owing to the unrest at Canton, howover in the affidavit of the thoro was an intestacy, and this Colony. In fact ho died a domi- gontlemen were the following: said-Gontlemen: The Reports goods sold and delivered.
|nominal Australian West Wall. Mr. RA. Harding appeared for fourth and fifth concubines to must descond according to the cileû Chinaman. Dealing with Viowed by itself, is the ovidence and Accounts having been in your $10.00 to $21.00 ex-godown,
which he must rofer, They said statute of distribations. When the question of the validity of bo given by the witnesses such as
camo to the
shares of quest to the snorificial fund His might be expected from Chinese hauds for some days, with your ap-
Yubari lump, $12.00 ex-ship plaintiffs and Mr. Barlow for de- that the deconsed had his ances. we
firms consti- Lordship if the rule as to por women, and in the absonco of proval, wo will take thomas rond. send, $11.25 ex-ship, nominal; fendants.
tral temple in his native village companies and
got potuaties obtained in the Colony, other considerations, should I be We regret that the revival of ship nomiunl; Miiki lump, $10.50 to Delivering judgment in thoruse near Canton, and that after he tuted in Hongkong we'
10 reside in Hongkong into another order of ideas and and he was of opinion that it did, justified in belioving it?
Are there any other considering and trade we all have been $11.00 ox-ship, nominal; Moji this morning, the Paisno Judge came
and that on account of the scarcity steady: Moji unscreened, $0.00 said. On this matter it is simply he went there annually for the the question was not so ousy then the boquests as regards
to $8.00 ex-ship, steady; "Akaiko purpose of ancestral worship. to deal with. It was true that for those immobilia is clearly bad; rations in the case which throw a hoping for has not yet taken place lump, $7.75 to $9.50 ox-ship, Neithor of the assessora know of work and the keen competition lump, $8.00 to $8.25 ex-ship," a question whether 1 believe plain-ilo was vory strongly of oph certain purposes the law hal de- unless indeed, as Sir Honry Berke doubt up on it? tiff or not. On the balance of pro-ion that however long a China-vised an artificial locus" forley contended had been a conver
and it here in navy lump am bound to believe plaintiffs.be, so long as ho adhered to that properly, and there was no doubt Counsel had put it that the direc- had simply heard tho ovidence Hongkong and Japan) prices havo $10.00 to $10.25ex-ship,nominal; ·
Chinese custom ho kept up the that so far as companies were tions in the will blending together read to
was all classes of proporty devised had him to bo of the greatest im-been reduced to very low rates; Kaiping loco lump, $7.50 to $7.75 Therefore I give judgment for traditional link with his native concerned their locus" plaintiffs with costs,
country, and that China romained the place where the registered the effect immovable into movable portance that the Court should and the result to us has boou, that ex-ship; Kaiping No:5 dust $6.50 For the purpose proporty but it seemed to him appreciate the standpoint of our gross earnings for the year to $0.75 ox-ship; Kaiping No. 1 his "true home" in the sense in office was.
od, $7.25 ex-slip; Fushun dust, which it was used in the authori- of probate this established the that that was not what had hap-Chinese witness as there were are Ts, 571,711.72 and our nett dust, $6.25 ox-ship; Fushun lump, ties on the law of domicile. And jurisdiction of the Court to pened. They had heard some things in their philosophy quite earnings Tis. 275,572.78 less than $5.25 ox-ship; Fushun unscreen-
whether the undreamt of in ours and the test they wore the previous year.
The nett profits for. the year $6.25 ox-ship. this very bequest, with which the grant purchase, and the linbility argument as to
Messrs. Brand Bros. and Co., was getting at the reasons why they including the amount brought In the Supromo Court, this Court, was dealing, showed that to probato duty; but it was not bequest was or was not for a of truth could only be found by
to discuss that made the statements. The 08.04-forward from last year, and after Socretaries of the Sun Manggis afternoon, the Chief Justice Sir he had by no means abandoned it. the "locus" to such an extent superstitious use, but it Francis Piggott and Mr. Justico This brought the Court to the that the "lex loci" was in all unnecessary Compertz, sitting in Appoilate first stage of their inquiry: all circumstancos applicable to it. I question for the reason that the sors were unanimously of theopin-paying all charges and allowing Rubber Co., Ltd., state that the Juristliction, gave judgment in questions which by the law of was personalty: and the "lox loci" doctrine of superstitious usos ion that there was nothing dis- for all known liabilities, amount output of dry rubber from the the ease of an Leung Shi and England wore determined by the did not determine its descent in did not apply in this Colony. It believeable in what the witnesses to Tuols 110,531,02, which we ro-Co.'s Estate for the month of June others versus Lau Po Sun and low of tho domicile must in this case of intestacy. The question was held by the Privy Council had said but owing to the commend be dealt with as follows: others. The case was brought to case ho decided by Chinese law. was whether the fact that it land that these statutes could not be complicated cyclo calculations it pay a dividend of Tis. 2.50 per determine whether a will made was said (1) that the validity this artifical "locus" in the imported into the laws of the was highly improbable that share and carry forward to now the contrary the As you are doubtless aware, we
Lock-Out Declared. by à Chinaman domiciled in of a bequest in a will was one of Colony was suflicient to bring it Straits Settlements and it seemed they would know the exact your account Tls. 11,531,02. Hongkong was to be interpreted these questions, and (2), sup within the rule against per- to him that they were equally and
the circum-record of the heart" exactly ex-are not the only sufferers from The pressed the fact, for the Chinese dullness of trade in shipbuilding,
“As a result of disaffection on by English or Chinose law. Among posing that in this case the law of patuities and so to make an ex-inapplicable to the thor questions to be decided England applied to this bequest, ception to the principle deducible stance of this Colony.
sacrificial women did carry those things in engineering ond repairing,
Ducking has also been bad the part of native boat-builders at was as to whether bequests to the and that it was bad either because from Elliott v. Johnson and Mac-bequest for a sacrificial fund were void, and on it was to be devoted to superstitious donald v. Macdonald. With re-fund clourly offonds against the their memory, and the strange this matter there was a great deal uses, or because it violated the gard to personalty there were two perpetustice rule, but there is evi- logic of the aunt's reasoning was during the year; we have only Sham-shui-po, Wau Choi, West of argument. After two days, rucl against perpetuitios, and so main propositions,: First, it, once that such a bequest is quite satisfactory viewed by itself. docked 143 Vossels of n totul Point and You-ma-ti, a look-out It would appear that about a hearing their lordships reserved created an intostavy as to the seven like everything clso was subject valid by the law of China. Ile The answer to the first question tonnage of 224,308, as against 165 was declared at noon Tuesday by judgment, signifying their intensaires, then that the distribution to the law of the country where saw no reason why a testator whe in the affirmative but other vessels and a tonnage of 220,704 | the owners against the men.
China where such considerations induced them to last year.
As you know, we do not confine fortnight ago, the men employed tion to consul Dr. Ho Kaion tho of the property which was per-it was; secondly, it was subject domiciled subject.
sonalty, was another of those in the law which was expressed boquests were good should not advise him to disbelieve it, firet questions. With regard to the in the much misunderstood leave money to trustees in long-that the father was not called, ourselves only to shipbuilding, in the Chinese yards had their peared for the plaintiffs while the first of those questions, if the pro-axin mobilin sequentur per kong to establish ancestral wor- and that by Chinese customs it engineering, boilor-making and demands for an advance in wages defendant was represented by Mr. position was sound this boquest sonam. The difficulty of apply ship in China if he does so would be his business to record repairing, but undertake all kinds concoded and this fact would see
Assessors did not be structional work, heating, electri-a ong the employees in Chinese- would be valid because it was ing the first rule was of course specifically. The policy of our the birth in the ancestral templo. of work, such as bridge con- to have led to the present trouble of vossels of European pattern. The Chief Justice, in the course valid by the law of China. Ilis the ambulatory nature of the law lind nothing to do with The
which had itself the settlements of property lieve there was no record as city, ofc., etc., but business in all owned yards for the construction of his judgment said that Lan Lordship, after quoting authori-property,
Wo aro in course of construct- The prosent rate of wages paid to Chin Ting made a variety of ties, stated that he did not know been said to be the reason why in another country. In the the keeping of a such was invari-those lines has been slack also. bequests by his will in regard to any more difficult question in the the maxim was invented. The case before thom it was in ovidence (uble in all well-to-do Chinese some of which, questions as to whole range of law than that difficulty of applying the maxin that deceased was buried in families and any customs doponding a steel twin screw transport the mon is 60 conta a day, less 12 Department which leaves a not earning of 48 Llgir validity had been propound- which arose when it became was common to all maxims, that China. His ancestral tomba wore ed on it, notable when persons 300ft. long for the U.S. Co. Army conts in respect of meals supplied, ed to the Court by way of origina- necessary to determine the ex-it contained no indication within there and his ancestral property becomes engaged to be married Quartermaster's ting summonses. The first ques-net application of any general itself as to what it meant, and this in the same place. They were not the parents exchanged documents building and are in treaty with cents daily. The first indication tion was whether the bequest of proposition of law no it at maxim had at one time applied in to suppose him to have intonded recording the ages of their chill- various partios for several other of trouble was forthcoming on now an illegality. On the contrary ron to serve as permanent records. steamers, for which if the ongi- Sunday last, when the men dis soven shares "for ancestors sacrifi-fected a foreigner or properity many cases which it was
within the true principal of construction. It was more than highly probable noers decide to build we hope to played open hostility by refusing cini fand" was valid? It was in-belonging to a foreignor. The settled did not come
If, to take an extreme was "Ut res magis valeat quam that a Chinose of the age of defen- secure the orders for some of them. to work, the nature of their de evitablo that what was properly application of the rule against it. described in English law as the perpetuities in such circumstances example, sono special cere- doreat." In his view deceased dont was engaged to be married. During the your, Messra, Micholau, mands being that their wages "omicile "of the deceased should raised evory possible question of mony were required by the mount his executors to invest this whether he was or not, it was in- Landale, Macrae and Craig resign-should be Increased to 80 cents a arisons son points in considering difficulty thuis: Does it apply to law of a country to validate fund at or near his native place ovitablo that his age should bo od und Messrs. Bandow, Auton day, including meals. The ownors
transfor oven
of coins, with his other ancestral property hero accurately stated. For those hud Barrelt were elected to fill handled the situation with calm the question; it would be well British subjects, or does it extend the therefore to got that point out of to foreignors rosidont in England? to poor rolations they would also and this was that no doubt they reasons, the assesors being of the each of the vacancies and their indifference and went so far ns to would naturally do. He hold same opinion he felt justified in appointment requires your con-assert that even a month of forced He would assume that Does it apply to deeds executed bo good as being charitable.
So far as the bequest to the them that his boquest for ances-disbelieving the women's evid-firmation. It is not intended at idleness on the men's part would what was called the law of the in England irrespective of the
went one step further and threat- In accordance with the Articles Jened that unless the men return- domielo did take the prominent nationality of the persons making secondary wives were concerned, tral worship was good and valid once and he therefore came the the moment to fill the other not affect them in the least. They
over to age of 21 when he be position in those parts of the them, irrespective of the locality there was an absolute bequest to as regarded the testators movable conclusion that defondant was vacancy,
of Association Messrs. A. M. Mar-fed to work by noon to-day, they law of England which was given of the prosperty? Does it apply to them, but it was afterwards pro- properly within the jurisdiction,
Mr. Potter: I don't know wlie-cume a partner.
sliall and John A. Bandow who would declare a lock-out, as they to it by many learned judges property in England irrespective viled that the bequest should,
DEATH OF AN OLD took the place of Mr. Michelau) nad no intention of feeding them and text writers, Jo suppos again of the nationality of the per- after their death, revert to the ther it is necessary to get formal
retire, but being eligible, offer in return for idleness. ed that some day or other son dealing with the property estate. These provisions were ir judgment or not?
RESIDENT.
themselves to re-election, The inconveniences of this and irrespective of his rosidénco? reconcilablo, and therefore the more than artificial doctrine None of the cases in which laws later one was to be preferred,
Mr. Potter: There ought not which was. poculiar to English of this nature were considered Thoy therefore took only a life
On June 4th, at Wost Now law, and which was totally dealt with those questions in a interest in their respective shares.to be any formal judgment.
On inquiries at the Sza Yip The question of non-recognition Sir Francis Piggolt: No, no. Brighton, S.I., there passed away unknown in any other system of satisfactory manner. The
Mr. Potter: All the costs of at the age of 67, Mr. Charles Vin-
Before moving the adoption of Steamship Company this morning. law, would cafe to be appreciated orty in question in this case was of concubinos of polygamous and all the many anomalies and of four classes: (1) leaseholds marriages was referred to, said both parties as between solicitor cont Smith, who for many years the report and accounts I will be it was discovered that the strike is was in the firm of Russell and Co. pleased to answer any questions confined among the steam-launch the fallacies upon which they rest-in this Colony; (2), mortgagos on His Lordship, and assuming that and client?
firms and that the river-boat con- Sir Francis Piggott agreed. which, whom it ceased toexist, was regarding them. ed would be done away with, and leaseholds; (3) shares in compa- the Chinese marriages law was
succeeded by Messrs. Shewan The following resolutions were cerns are not affected by the men's the law of nationality bosubstitut-nies established in this Colony; what they intended by those mar-
Tomes and Co. The deceased passed unanimously:-Proposed action. od for it. But in that case it (4) shares in firms carrying on riage laws, it was advisable, that
Sir Francis Piggott delivered gentleman, who had been ill for by the Chairman, seconded by was unnecessary to trouble about Imsiness in this Colony. There he should say one way witla rogard i the matter because, assuming the appeared to be only a small to it. The secondary wives in judgment in a case heard on June about a year, was born at New Mr. J. W. Bandow, that the Direc law of domicile to be what it amount of cash which would be this case has specific bequests, and 26th in which the issue was be-York and came to Hongkong to report and statement of ac- counts for the year ending April was said to be, he had no absorded in this charging the these, of course, should be given tweon Chen Hing Luon, otherwise in 1860.
When Russell and Co. ceased 30, as presented and circulated, (Tan "TELONAPH" CORRESPONDENT ' doubt whatever that tho domicile liabilities of the estuto. It was ollect to. But it should be ob-Ilin ling Tong and C. Wilson,
Canton, July 5 of that testator was in China, obvious that the Court could served that if there was such an Tung Pun Song and Chan Wail to exist in 1891, Mr. Smith wont be adopted and passed, and the
home and subsequently returned Directors be authorized to pay a Mr. Li Kwok Tai, a merchant, ilo has said more than once not. profess to deal with extraordinary doctrine of absoluto San.
"The action was the trial of an to Shanghai us agent for the dividend of Tls 2.50 por share to has applied for the privilege to that he did not bolioro there the
property in Macao. non-recognition as were half a dozen well to do They must first deal with the stated, then these wives would issue as to whether the defendant Equitable Life Insurance Co., shareholders on the register to monopolize the trade in saltpetre an 1 sulphur fora form of six years, Chinese in Hongkong whose in- question of conversion which it not take their life interest, for named was an infant on the date from which he retired in 1907. date.
Proposed by Mfr. J. M. Young, offering to pay to the Provincial tontious as to permanent and ulti-was contonded had resulted from they would be persons whom the when the cause of action accrued, He had many old friends in Hong-
tastator law did not recognise. The ques- and that the costs of that applica- kong and was a popular oarsman seconded by Mr. H. Roger that Government a royalty of $40,000. mate residence would satisfy the the
in the V.R.C. One of his princi- the election of J. W. Bandow,The revenue from this source will rigorous tests of domicilo for the had blended all the property tion re-appeared in the distribution be costs in the cause.
His Lordship said that in that pul hobbios was yachting, over C. E. Anton and E. G. Barrali represent a sum of $320,000 Court to hold them domiciled in into une fund and therefore tion of the property, as to which
anually. The applicant agrees, Hongkong. He also held in a re-it was to be treated as personalty. there was an intestacy, Thoro case he had one question to do which he was very enthusiastic be confirmed.
Proposed by Mr. J. that if the running of the farm be cont case that the assumption must The doctrine of conversion up- was, said his Lordship, no such cido, whether the defendant was It was chiefly through him that bo that the Chinaman's domicile plied to personalty; it did not ap doctrine. As to question 3, as 21 years of age at the time of his the Hongkong itope Manufactur-Teesdale, seconded by Mr. G. granted to him, he will never was in Chinn. However, in this ply to movables and immovables. the secondary wives took a life being a partner in the C. Wilsoning Co. was established. He was Yon Arnim, that Messrs. T. W. Josuso an enhancement in the case the question was to be con- There was no authority for saying interest the executors were trus-resturant. The evidenco tender-last in Hongkong in 1903 when Bandow and A. M. Marshall be prices of saltpetro and eulphur which will prove detrimental to sidoreal in the concreto. Three that imunovables could be treat toes and should invest the respaced by defendant consisted only of he spent a fortnight here.
Proposed by Mr. R. Etho interests of the poor pooplo, uffidavits only were produced,only od us novables, or that immov-tive shares and pay the wives the statements made by his mother and his aunt. His mother stated one of which tended to show an blos wore to lose their character interest,
The native papers report thata Kudoorio, seconded by Mr. D. The application has been favour intention of permanent residence and become puro personalty. The As to question 4, the reversions that lo was born on the 20th day in Hongkong. Now, in the first law which was applicable to in-expectant on the decease of each of the 11th moon but could not large business is being done in Turnbull, that Meears. Lowe, ably considered by the authorities, {dered to find firms of standing place he must say that the conse movables restel un principles socondary wife foll into the estate stato the your. Sho know he was lankow just now in the sale of Bingham and Matthews boolooted and the applicant has been or as his guarantors and prepare a quences which, the English law is which rendered the application of us directed in the will and the 23 by Chinese reckoning and added children. When the news of the auditors for the current year,
list of regulations for the Vice supposed to attach to the domicile that doctrine of conversion im-shares would he correspondingly "I know because I gave him fresh disaster in Mion-yong arrived
The telegram quoted below was toy's consideration. As soon as of the testator wero so far reach-possible. First, as regarded the incronsod. As to question 5, the birth." Bis aunt said that she a number of men went up to ing that it was quito impossible to leaseholds, loasehold property persons optitled as to leaseholds knew he was 23 by Chinose purchase them. They are return-
but Blo coulding with their merchandise daily received at the American Consul-lo receives instructions from imagine that the question of was personalty, but it was also and mortgages and those entitled reckoning change of domicile could be immovable property. The rule by English law, as to the shares not remember the year. She and are chiefly quartered in the nte-leneral, Hongkong, from the the Viceroy to take over the decided on such very slender against perpetuitiosapplied to the in forms and companies, those attended the birth ceremonies mat huts near the railway. A Monila observatory at 11.15.m.: farm, he will be required to when he appeared to be about boy can be had for ten strings of Manila, July 11, 10.20 a.m. pay up the royalty besides the ovidence. All the leading cases leaseholds in this case. It was ontitled by Chinose law. showed with what minutoness this unnecessary for the moment to go As to question 6, as to (a) and a month old. She remembered cash and a girl for twice tht Cyclone or typhoon W. of Nahia estimated yearly rovenuq in ad-
moving N. Courts inquired into the matter; into a question whether what was (b) lore should be a scheme bis age because she had a daugh! nincunt,
the way.
fact that tho
prop-
was, often
Sir Francis Piggott : On one point we dilfor.
A Question of Age.
The Late Mr. C. V. Smith.
Sale of Children.
The accounts have been audited by Messrs. Lowe, Bingham and Matthews, who offer themselves for re-election..
re-elected Directory
Typhoon Warning.
As the men still adhered to thoir tenacity to-day, the owners fulfil led their threat and a lock-out has accordingly been declared.
FORTY THOUSAND DOLLARS ROYALTY
VORCE,