1909-05-22 — Page 7

International Bank.

QUESTION OF LIABILITY DECIDED.

· IMPORTANT DECISION OF THE PUISNE JUDGE.

judgment was delivered by Mr. Justice Comports, yesterday morning in the Supreme Court jo the action brought by the Man Lee Chan firm against the intemational Banking Corporation to recover the sum of $840 in rupect of a bill of exchange, which the bank wi alleged to have paid to another party by mistake.

"His Honour held that the bill had been paid Bid" ide by the bank and gave judgment accordingly.

in delivering bis decision the Puisse Judge west at langth into the facts of the case as they wole related to bim during the trial: He said that he would deliver a written judgment, not that the amount in dispute was very large, but that would be more convenient la case either side worn dissatisfied. The plaintiffs," who were merchants in the Oolony, trading under the

of

Man Lee Chan and Co., received by pill some time in December, 1958, the first of exchange of a draft for $840, payable on demand their order. The draft, which, was in the

14

of

form, bearing the date of November was drawn in Vancouver by the Bank

on of that city, on the Hongkong

ficm

THE HONGKONG TELEGRAPH SATURDAY MAY 22 1900.

ANNUAL REPORT

annual ordinary general meeting of the the Offices of the Company in Alexandra Buildings pany (since its registration) to be held at the

on Saturday, the a9th inst., at noon, is fol›

tonlu May

· 1,400.24.

Gath in hand,ling Cash'ut' Bank

of the instrumbet they would clearly have been | 4. 3. WATSON AND CO., LIMITED. liable. It appeared to be a custom wall known in the Colony for, the signature of a Chinese firms, whether on a receipt or otherwise to be made by the impression of a stamp or chop, The report of the general managáis for the || Added, dur asually in Chinese characters. - It was not easy year ending 31st December, 1968, for prasanta Ing 1008.... to fit-term of English inw to Eastern commer-tion to the shareholders, at the twenty-fourth.

6,357.21 cial practice, but he must not forget that the

Goad debts due from Customers... bill was presented for payment if not by, a any rate ander the auspices of a partner in the

Sucdry dabtors lance of their manager that the drift was n... it appeated clearly from the stolen by U Yuk Wo, the absconding partner. That mas must have been familiar with the business of the firm, had the chops in 010, and there was no reason why he or his confederate or transferee, whose object was merely to: got the money, should have put on the instrument & suspicions chop which did not that of the firm when it was just purport to be ploy one of which the back be expected to make payment without difficulty. He, there fore, gave judgment for defendants with costs,

jas-basy to em:

On the application of Mr. Pollock his Lord. ship granted leave for formal Judgment to be drawn up, and for Counsel to be certified for.

Mr. Otto Kong Bing appeared for the plain. tiffs, and the Hon. Ms. H. E. Fallock, K., is. structed by Mr. C. D. Wilkinson, defended.

THE OPIÙM TRADE,

CHARGE AGAINST A CHIYAMAN IN AUSTRALIA.

The Sydney Evening News of z6th ult. re- ports:-Mr. Justice Higgins sat in the High Court of Australia this morning, when the hear ing was commenced of a casa against a Chinese nained Ab Way, against bom proceedings were taken on the allegation that he had on- lawfully imported prohibited imports, viz, 867 tlas of opium suitable for smoking, contrary to the Customs Act,..

Mr. Wise, xc with Mr. Blacket and Mr. Bavin, instructed by the Commonwealth Solich for, appeared for the prosecution; and Mr. Gar- land, instructed by Mr. J. J. Caroll, for the de fendant, who pleaded not guilty,"

Mr. Wise intimated that opium used for smoking was in the list of goods that were prohibited by proclamation; and the facts were such as to compel an irresistible inference that the defendant was importing the opipm.

Mr. Gatland said this might be a convenient time to raise the first point for the defence. He abjected to the proclamation going in on the ground that the making of the proclamation was ultra virer in regard to the constitution.

His Honour thought it would be better for Mr. Wise to complete his opening.

branch of defendants, the International Bank ist Corporation. 05 December 22, 1998, the duit was stolen, together with money and other, anicles, from the plaintiff premises. The *pislatiffs saipecled a partner in their firm, one Yik Wa, who absconded on that date, of the shaft and they made a report to the police On or about December 24 and again ou Dicember 9, and possibly as one day sub sequently to that date, plaintiffs' manager went to the premises of the bank and saw M. Clark, the cashier, with whom he had some conversation on the subject of the draft. He told Mr. Clark that a draft for $940, in favour of the Man Lee Chas, had been lost or stolen, and he asked that the bank should stop pay ment, On

Ms. Otto Kong Sing January whole on the plainti', behalf a letter to the defendants, stating that a draft for $540, in, plaintiff. favour, had been stolen from their promises and giving the defendants formal oice not to pay until notice of presentation had been given to the plaintiffs, The bank replied the same day acknowledging the letter and stating that without further particulars the drit could not be traced, and that payment could not be stopped without advice from the person to whom the draft was itaued coming through the ruing back. Nothing further. Mr. Wise, explained that the importation of came from the plaintiffs, and on January 6 the opium suitable for smoking war prohibited, "drali

presented to and paid by the bank, and opium not suitable for smoking was also on Chinese endorsement which read: "Man probibited, unless it was imported for medi "Lee Char' Shing K There was a direct con- cipal purposes. The facts were that on Jass- flict of evidence as to what passed at the inary 17 a launch was seen leaving Sydney Har Lewisw between the plaintiff manager and bour at an early hour in the morning. The M. Clark,

defendant was in the bost, apparently fishing, all through the morning. The Empire, are gular trading steamer between China and this port, left Sydney in the afternoon on her voy- aga to Melbourne. The small launch refer- red to was seen in the wake of the Empire. and something was observed to be picked out of the water. But before, that was done n signal was made, to the Empire by someone in the launch, who was apparently waving handkerchief or some other white material. Customs House officer was communicated with. The lanach waited about until it was dusk, and then came back through the Hends, A Customs House boat went altat her, and folly the launch went ashore at Blue's Point, where two men jumped out. Upan coming along- side the launch, the officers found a quantity of opium in the boat, covered over with some material. Broadly, the prosecution said, that the circumstances were suspicious against the defendant, and it was for him to explain how he came by the oplum

WAR

sant a

His Honour, continuing, said do not believe that any mention was made of the piscs of issue. At the same time it appears that the plaintiffs, knew or suspected that the place of issue might have been Vancouver, for they

cable on December 29 to their couts pooden in that city, presumably to stop the draft. Very possibly the pinintiffs did not realize the importance to the bank of informa tloa

as to place of issue, for evan at a much Inter date, that is, in the lelier sent through ilie plaintiffs' solicitor on January 5 giving formal, notice to the defendants not to pay the bill there is no meation of Vancouver, I can. not help thinking that it would have been easy for the compradore's department to make a nole of the amoyal of the draft and the payee's name: It would then have been possible for than to have withheld a ymeat temporarily not they had made some inquiries and noti- fled the plaintiff. I do not attach any degree of blame to Mr. Clark, who, I am satisfied, could not with the information at his disposal trace the bill.

1

Proceeding, Mr. Wise said the question for the Court to decide would be whether

len really amounted to importation and be poste would submit that what was importation within. the meaning of the Customs Act 50 us to rto- der the importer liable to penalty was the mani fest intention to deal with the goods as merchan: disc without paying duty There were several anwars to the point raised by Mr. Garland.

Mr. Garland said be would object to the prosecution, and submit that the words of the section (52) under which the proclamation pur. ported to be authorised, was ultra zina,

His Honouri You say not merely that the prosecution is wrong, but that the section is

wrong.

Mr. Garland: Yes, inasmuch as it purports to confer the legislative power on the Ex.

His Honour said the poist could be argued later, and be would afterwards consider whe ther he would take the responsibility of de clding it himself, or leave it to the Fall Court.

Evidence was then called,

low

Gentlemen,We beg to lay before you a statement of the Company's business, with baltece sheet for the year ending the gist De cember, 1908.

The net profit of the company for.. the twelve months under review, «fer paying all charges; includlog the salary of the general manager, providing for all bad and doubtíal debts, and allowing for loss on sub sidiary coins, amount to

To which has to be added the balance brought forward from the previous year .........ín Þ.........inesis"

From this there has to beɖde fucked-

General managen! com---- mission of 5 per cent on the. net profits for the year as per article 80 of the Com pany's articles of associa» tion omaanileon 3,824 90

Remuneration of the con- article 92.ataupunkiingia sulting committee as per

2,500,00

$26.499.95

6.438119

B2/938.14

Fire Insurance premia and licences

unekpired

Section E of Inland Lot

No 1g, and the buildings thereon $10,000.00

Marine Lot No. 20 and

the buildings there! Kowloon Inland Lot No.

7,82'1;

1,208 and the bulld. ings thereon 37,500,00 Marina Lot.

No. 293

As per lášt

Dt... $25,711,00

ACCOUDÉ Expanded

for Recla

mation in

1908...... 25,610.00

$21331.00 San Jacinto Land and

Buildings, Manila... 39,941,45.

6,314.99

To Balinco

Leaving available for appropriation. 76,613.15 |

dend of 3 per cent, in No.

We paid an interim divi

vember last absorbing.. ...$17,000.00 further dividend of 3 par We now propose to pay s cent. (making 6 per cent. for the year) which will absorb..............

27,000.00

To write off building im.. provements, furniture fit tings, utensils of trade, aerated water plant, and machinery................................ 10,000,10 account....

To carry forward to igog

2,613,13.

*70,613.5.

CONSULTING COMMITTEE) The existing consulting committee consists of Hoof Sir C. P. Chater, C.M.G., Hon. Mr. E Osborne, and Meus. H. P. White and J Scott-Hurston

יו

The comp

AUDITORS

The company's accounts at the head office have been audited by Mr. Francis Maitland for re-election... and Mr. W. Hutton Felts, who offer themselves

JOHN D. HUMPHREYS & SÔN,

General Managers. Hongkong, 19th May, roog, BALANCE SHEET, 31ST DECEMBER, 1908: Liabilities.

300,000,00

Capital account.....$90,000.00 Parmszont reserva

fued Reserve food to mast contingencies or fortheequalization

af dividends....... 25,000.00

Local and general_lin

bilities in the East

Local and general fi

and in America......$212,775,00 bilities in London 26,44.32

Mortgage on section E.

of Inland Lot No. 19, and the build. *ings thereof $48,000,00 Mortgage on Marisa

Lo No, zc, B the Mortgage on Kowico

buildings thereon 115,000.00

-$1,225,000,00

Inland Lot No, 108 & the build

Advance against San

ings thereon.......... 25,000.00 Jacinto Property Malia.............. 30,819.93 Bills Payable. Hongkong, China Unclaimed dividends

and Manila....... Security deposits from staff Profit and loss- Forward

from 1907.$ 6,438.19 Net balance

76,499.95

• 1908

dividend of

Ha Hanour, after tracing the facts of the sald be had no difficulty whatever in comes, to the conclusion that the draft was paid fa absolute good faiths, and that it was not premat to the mind, of anyone concerned in The payment; that they had received previous notics of any irregularity. The bank were of coure quite justified in requiring notice to stop

to came from the drawer of the bill. No Indemnity had been offered then, and they have acted at their own.rlik had they rafused to honour the draft on a mere notice from the plaintiffs. It was clear slso that if a proper cable had been seat to Vancouver on December 29th there was ample time, under ordinary circumstances, and with reasonable diligence on the part of the plalatiffs' cortesecutivs. pendiar, for the issuing bank to have stopped payatot by cable before January 6th.

the law of the case: the action was brought to recover from the bank the value of the draft, either as money received to the use of the plaintiffs, or as for a conversion. The defendants not being acceptors of the draft could not prima facie be liable on the Instrument, and it was impossible to agree in the face of the authorities to the contrary, that the drawing of an instrument in this form could operate as as atsigament of money" in favour of the payes. He could not see how a pay. John R. 'Manus, who was in the Customs. ment which was clearly referrable to con. beat that west after the Warrzemiba, isid tract

or impiled, with the Bank of express or

directly the latter touched the shore, two men Hamilton, could be relied on as establishin jumped out and ran up the road. He was Coninctual relations between the defendants alongside shortly afterwards, and he jumped and the payee, He was quite clear that the as board, the Warreemb. He saw a wet big drag was nothing more than a requent to pay on the starboard side covered with an old can- cerinin som, and that nothing more.could be vas, underneath which he found the oplum into it. If, then, the defendants were not tins. He wapi after the other two men, and Ilable in contract, was there a right of action on his return he spoke to Merchant, who was, agabit them in tort for conversion ? It wRK as the boat. He asked him who signalled the objected for the defence that ar i from the evidence that the drail was stolens bygize, and be replied the Chinaman in the

appeared

forepart of the bost. That was the defendant, U Po Chia partner in the plaintiff firm, and Ab Way. Witness asked Merchant the ntme It bein

being necessary inference that that man of the man who had run away. He replied casted the bill, and the receipt of a partner be that he did not know, but be Hred mest Ah ing the receipt of the firm, the plaintiffs could Way's shop. He said the other man was his not neover money, which had been already son. He also spoke to Ab Way, whom he Baldi

to of themselves. Without going know by the name of Ping Pong. more deeply into the matter there was no evidence, and he did not see his way to assume that he took the launch Warrerada out en that U Po Chl himself ever presented the draft January 27. Besides the witness, there were on

* Arthur E. Gibson, signalmaster at South lead, described the movements of the launch Less interim Warrzembs, on which the.opiam was found on January 27. He saw the waving of a handker- chief alongside the side of the boat, and then the map who had it held it out between his two

Toad

hands.

Edward Merchant, marins engineer, stated

they had no means of knowing, and did not or at some catfish. He

or raived the money for it. It appeared that board witness' son, a white man known as “F}]}," the brak simply paid on the endorsement and and Ab

Aliege that they paid to any panicolax paraan, was very s

He understood they were going trip. As was a bad sailor, and

It was true that most of the casts where payees remembered the Empirs going out of the har

had covered in an action for conversion of a bear. The Warreemba followed and. "F}}"

bill fall under the statutory provision relating picked a bag out of the water, fle saw othar

to crossed cheques, but he did not think that hage in the water,

53 of the Bills of Exchange

Act intro

Mr. Wise; Had you any oplum on board

duced any new right in the owner of the instruwhen the Empira passed you No. meci or any now liability in the backor. It Had you may on board afterwards ?—Yan,

monly gave bankers dealing with crossed after we discovered it in the waters Chequas a statutory protection against

common law liability. After quoting pismarant authorities he said he

for

their he did.

noi think it made any diarence that the bill was drawn sbrond. staintory protection was not in this to istand bills. There was NO doubt that the

-payment was made in the ordinary couren of business. The endorsement

with Dla

djt purport

to be that

of the reviewing the avidasico, bis Honour an on to say that the draft was payable to and Corin English, and had

Lout for by either forged or made,

was a surprisa ?--Yes:

How many ties were there ?—I don't know.

I never counted:

More than five 1-The paper said so. Did you see any floats

1.

30 cents per whara paid in November 19:8 $27,000 Less amount unclaimed at

1st Decem- ber 1908 3,245,90

A

38.14

23.753'10

Auets,

FROFIT AND LOSS, Dr.

CONTRA. Cry

26,917.5!

CANTON DAY BY DAY.

where the Sim, Hong and Fah Peaotal Wour Ping Yun, Taotal: Li Chit Sue and Paracel Islands with a view to develop the Captain Ng Klog Wing will proceed to the place into a commercial centre. It has been ascertained that the above officials will leave here for their destination on the fat day of the 4th moon (the gth instant); V

the cause of Now my Lord, it is a carious way of andorlog a writ to say simply that the defondant was the cause of a certain loss to the 'plaintiff we are not in any way enlightened as

VISIT TO TIKE-FARACELS.**** to whether it in by the mern existence of Mr. McBain, or whether ho put a pistol to ble hend

[From Our Own Correspondent.]

240,78 45 two extremes. But looking at the orginal writ Provincial Government of Fukien for the loan

and threatened to shoot him i be; didak sell

Canton, 14th May. his shares. Now it is somewhere between those The Canton officials dive, requested, the 293,637,52

36.340-76 at some idea it lays down claims on of the gunbout Yeun Hol, which will soon the ground of some breach of duty arrive here. On board this gunboat, and two director. My learned friend wants very. largely to alter this claim, and he really given us no reastus at all why he wants this amandment except that he wants very largely to alter, bis claim and he comes here boldly and states that he intends to ask for pleadings and In his statement of claim he wants to die close a ground of action vary different from that which was set out in the original writ served on my client It it quite clear from this amandment that he might allege almost any ground of action, provided that his damages were as stated here. Of course, I do not say that the plaintiff cannot amend and I do not object to any granadment within the spirit of this rate, but it seems to me that before saying that such an amendment as this, or in fact any amandafant, can be considered just, ope has consider one thing, pamely that the entire e al- of ibe character of the claim is very seldom considered just. But if you havait clearly sixted in the proposed amendment to some extent

140,690,57 $1,957,995-47

581,938.14

to

Or

WEST RIVER FLOUDS."

Ia connection with the disastrous floods in tho rivarian districts along the West River, the Rellef Commities has decided to appropriate

am of Sto.com from the faadi reserved from the amount collected last year, to buy food stuff to be sent to the flooded districts to relieve the sufferers.

Yesterday are more expeditions were in«- patched on board steam-faunches with rice and biscuits, &c. to Samibul, Ching & Yuen and other food sufferers, t districts that ars flooded, for distribution to the donde ufferct of Fa Yuen, in the north of Sams

The

LIXIN COLLECTIONS.

The collection of Likin duas in Canton dur parted by the Likia oficina amounted to Ing the second ten days of the 3rd moon at re 18,104 8.2.4 troli.

15th Ma

OUTBREAK OF TIRË. In the early hours of this morning, are broke out lo Tang Mon Streat, when three buildings ware burnt dowe.

what the nature of the new claim is to be, than you can of cocrea to some extent make up your bees badly flooded as reported in a dispatch shal district, situated on high land has also mind whether the proposal in a fair da from the Fa Yuen magistrals to the Canton oot; that is to say, having had a claim of one. the cisim should be different-in this case it is waters to the river rose up some thirteen feet, character and a proposal •pat before

Authorities. On the gth and roth lastaos the you that quite different-If the two are to some extent bankments in Lo Po giving way. The whole which was undoubtedly caused by the am specific you can say whether it is fair. To the $81,938.84 drac writ we have a claim the character of which district of Fa Yoen has suffered, especially In li to some extent specific, but in the proposed the lower lands and river banks, where ther $81,938,14 amendment we bars a claim which le not spe

houses were almost under water. cific at all. It gives one absolutely no idea, at all The result is that we have no mSANK of judging whether the proposal is fair at all the plaintiff might make an entirely different By Balance forward from 1907

claim. Therefore, my Lord, my suggestion is Accoaut.......$0.438:19this, that my friend be allowed to amend if he Net profits, Hongkong, China

really thinks it is necessary. I think myself and Manita.....78.499.95 that his original claim discloses no ground of action, but that is neither here not there. What I suggst to your Lordship in that he ought not to be allowed to amend in the form which ke has proposed, but that he ought to stale to

HOUSE COLLAPSE. some extebt the nature of his claim. Our rules Shortly after Doon on the 14th instant, a builde lay down that the endorsement on every writing in Yau Lan Mooo, near the new band, sud where it is a general endorsement, shall dis-denly collapsed without previous warning. close the nature of the claim. submit that Fourteen persons were injured as a result of " this proposed endomement does not disclose the 'accident. avy mature at all; it does not disclose lost,

ROBUER'S ARREST. breach of contract, or anything else. It simply Wong Fook, a robber who had taken part in says " caused..! I submit that that is not a

the piracy of the steam launch Awang Walls: endorsement which should be allowed to stand the West River a short time‘ago, was arrested on the writ and in this particular case where in Lung Wan or the 13th instant. The culprit there has already been a specific endorsement has now been handed over to Admiral Ll Chun the plaintiff aught not to be allowed to extend it to be dealt with and make an endorsement under which he can make a statement of claim, under which he can

17th May, THE FÅRAGELL claim to face anything. I say that before my friend is entitled to amend in this case bepanied by Captala Ng King Wing, Taoist This morning, Admiral Li Chun, accom- should put some description of the nature of Wong Ping Yas, Teotal Li Chit Chup and his claim;, whether it was a breach of duty as

two detachment of troops lek here for the director or otherwise or whether, it is a claim

Paracels lalands to make an inspection of the for tort, fraud, or what misrepresentation or group with a view to developing it. whatever it is, so that we may have some idea towing after, the dispute relative to the Prites Fol as to how he wants to alter his claim.

Islands, the latest activities of the Chinese offi-. cisls here, will doubtless be watched with in- terest. The insods are reported to be tich in various useful producte,

J. A. TARKANT, : -

Acting Secretary,

JOHN D. HUMPHREYS & SON,

General Managers,

LANGRATS,

iZU MOHIMET TACKEY V. 85. F. MCMAIN,

Bhanghai, May'}},{ Before A, R. VINCENT, Xeg, Acting Assistant Judge. Mr. T Morgan Phillips, with whom was Mr. H. S. Oppe, appeated for the plaintiff and Mr. R. N. Bacleod for the defendant. Mr. H. P. Wilkinson (Crown Advocate) also sat at coun- sal's, table and Mr. F. Ells and Mr. J. QE. Douglas were in Court.

The plaintiff's claim is for damages for wrongfully and negligently allowing certain information acquired by the defendant in the course of his busines as a director and general agebt of the Maltschappij Toi-Mija Boschen Landbouwerploitatie in Langkat, Ld, to be privily communicated to or to be obtained by certain persons other than the plaintiff and the general body of shareholders in the sald Com- pany prior to the same being published to the ald general body of shareholder whereby the plaintif was damnified to the exteof of Tis, $5.00

t

"Mr. Phillips' said—This is the return day of the writ and I ask leave of the Court now to amend the endorsement on the wall, in have, givan notica to my learned friend and have sent him a copy of the amended endorsement. I will read the amendment. Your Lordship has 149419.93before you the original endorsement, and the

part which is lined with red..

1

His Lordship There is not much of the original left.

Mr. Phillips-Not very much, my Lord. The endorsement we propose to place upon the writ is as follows :-.

Mr. Phillips drow the Court's attention to the Rules of the Supreme Court at Home, Order 3 Rule 21 Order 20, Rule and; with regard to amendments, Order 28, Rule, and the notes on the latter Rale which stated with regard to the general principles for leave to amend that the judges had stated that they always allowed amendments to be made so na to disclose the real issues between the parties.

His Lordship-I cannot see that that is for warded in any way by this amendment.

Mr. Phillips-No, my Lord, but it will be the statement of claim. Under those Rules if stated that it is not necessary to state the precise ground of claim or cause of action, i

His Lordship Is it essentist in the writ to disclose a cause of action P

י,

A DARING ROBBERY.

Late in the afternoon of the 15th etadi, gang of robber numbering some two hundred entered the Sha Wan village'bear Chan Chum, where several wealthy people reside. The village, baing garrisoned by a strong local militia, no robbery has hitherto bean committed in the village for a number of years, Two days ago, however, as already stated; this robbers managed, to attack ride houses in all and removed articles to the value of over 510,000 Bosides carrying away the booty, three willagers were taken away by the robbers, a woman and a soldier were shot to death and three other were wounded. The outrage has been reports ed to the Cantos officials, who are now taking the necessary steps for the orrest of the culprits.

CANTON-HANKOW RAILWAY'E EARNINGS, fares and the pumber of passengers carried by The total amount of the daily collection in: the Cautch-Hanko Railway during the second ten days of thli moon areas. foliows

•

..

Number of parastigar Amount collected.

·67a-50 680-35

-17th day,and 4,191

in 31754+

13th: 3073 Tith

59345

3,404

590.40

573-73

10th 17th 218th roth

632.10

531.45

$2,095

4P8,25

2,745

472.55

20th

449:35

Total The total amount collected during the parlod

33,688 $5680.15

from freight, &c. was $6,424,93, of which Syardy were realised.

Mr. Phillips-Yoz, my Lord, 'In the amend ment I say wrongfully cauling the plaintiff to sell certain shares at an undervalue," That will be amplified by the statement Plaintiffs cinim is for damages for wrong-

of claim in the ordinary way! We are fully causing the plaintiff to sell certain shares responsible for Mr. McBain leaving on the of the Maatschappij To: Mija-Boschen Land- day he did. The writ-was served on the day bouwexploitatie la Langkat, Ld., at an under. he left, and if he chose to leave with a serious Value, whereby the plaintiff auffered damage to allegation agaian bim such are made in the the amount Tis. 55,000. My lord, that en

endorsement on the writ that is his own affis, dorsement is in more general terms than the

I submit that it le pot usual, it is not regular, original endorsement and the reason why the that I should disclose the whole of the facts. 128,829.93 application is made for the amendment la that is sufficient if there is an indication of the wa propose to follow up the writ with a state catto of action against the defendant which 162,06440ment of claim, and it may be argued when the may be ampilsed by a statement of claimi,t. 13.546.78 statement of claim is fled that it discloses a His Lordship-As a matter of fact, by your 19,950.00 CLUES of action which was not foreshadowed former writ, you think that you narrowed your by the endorsement on the writ. I say it is cause of action and you now want to widen it! possible that such an argument may be rained, Mr. Phillips-That is precisely my ground and to avoid any difficulty we, first come to on the same facis, my Lord, precisely, I' want

T the Court and ask leave to amend. As now to be on sum ground so that my leamed your Lordship is well "aware" "the" Court" "friend in his fentity of argement may, dot" kas power to allow av amendment under our henceforth say "Your allegations in the staid- Rule 161 of the Rules of Court.. The Rela

ment of claim disclose a cause of action which: reads as followsThe Court may at any stage is not set forth in the writ" of proceedings in such manner and in such as may be just, allow all such amend: terms ments to be made as may be necessary for the purposes of determining the real question and controversy between the parties." It is very similar to the Home Rule, Order a8, Rule 1. I say, my Lord, it may be stated when the statement of claim is fled that the writ: as originally drawn the sadorsement on the weit 59.185.04 || does not disclose the real cause or issue or con. troversy between the parties and, therefore, 1

Hle Lordship-Is there any Mt, Madjaod-1 have one or two thinga.to hay, my Lord. My learsed: friend has merred 10twa Kulas under which he socks to make Amendment. Your Lordships will son that you have to be satisfied that the amendment desired is a just cons. That is simply what it comes to. I will draw your Lordship attention to pas or two circumstances which surroded This application. Now, in the frat place, as your Lordship will see, this writ was listed on the 7th of May and was served on my client at of that t day. It was not preceded by a

His Lordship What about coats? Are any cosa incurred?

Hr. Phillips- Imagine no costs have been. incurred.

CERTIFICATES For military stUDENTI, At 9 am-to-day H.E. Viceroy Chang Jas His Lordship-1 will amend this writ'an Chun, accompanied by the Senior Lieuten prayed for in order that the care may come on.

aat Tartar General and the Provincial Educa Plastiff may bring the case as be wishes, but|tional Commissier, proceeded to Whampor there, must be some conditions about it as re- to-distribute certificates to a number of students gards costs,

of the focal Military College, where they hive recently completed their course of sjudias. TAL, QFFICIAL AMENITIES,” Atto am to-morrow HE Viceroy Chang

$1,957,905-47 | apply to be allowed to amendment might have framed his' writɛpropaweit, will receive'lkt Jipanera Coneci at Cantoni!"

Tomil stocks in trade......$1,004,911.89 Building improvements, furniture,

fittings and trade utensils ai Hongkong, Manila, Canton, Amoy, Shanghai,'' Hankow. As per lut ace

Tient lo,and antiva Branches:-

coun...... $162,541.10 - Amount writ.

tea off for. depreciation

In May 1908 ...9,496.11-

$153,0459 Added during

1908 2,1950),

$195,741.13- Aerated water and other machinery and pisst at Hongkong Mauils Canion, Amoy, Shanghai, and Hankowi *

As per last ac

count $134,609.19

Amount writ

fon of for

depreciation

In May 1908 10,700.83 5124.503.66

4.530.12

Added during 4, 1903 musi

Who picked them up?-The white man, Witness said the boat did sot balong to him, but to a firm at Balmain, for whom he worked. He had authority to let the boat out on his. Bream laun He first koow that there was opium aboard Here's a haul of opium!" ile had no iden when be beard the Castoms officer call ect. that the bags picked up by the telned tins of oplumsa

chus,cargo waterbo-ts boat, and

Fiji" con. Amqoatwrit Lam of for deprsia

Соррожны

Mr, Macleod-I think the plaintiff ought to beat the whole costs of these proceedings. He to His Lordship. This is practically a new

I think the

plalatia ought to pay coats.up to date including this hearing. An a matter of fact it is stretching the rates very much, indeed to smsad wril like thild by the substituilon practically of a new writ. However, I will. amend as prayed for, with the penalty, that pislatif shall pay the costs of this hearing

Flending wars ordered by consent and the Court rose.-N. C. D, Nius.

Paid-drim and my client was leaving, and

latter of

Arrangements to leave on the 8th instant wach must have been known in the plaintif, or as my learned friend will admit was at least known to him.

HONGKONG UNIFERSITY

SCHEME.

OUTBREAK OF PLAQUE.

Lately, several cans of plagis have been re patted in the elly. A number of schools and Colleges have consequently been closed for ftar For infection.

18th May,

THE FLOODS. A latter has been received by the Centraa Relief Commitles stating that the district of Hok Shae has suffered from the recent floods. | An emissary on board a steam-launch, kas consequently been dispatched with food-stuff

·FURTHER CHINESE SUBSCRIPTIONE, de, to that diselet for the rallaf of the sufferera and equipmast fands of the proposed Hong- The subscriptions towards the budowment

·SATISFACTORY NEWS, kong University do not seem to be coming in

Yesterday some of the relief parties that wore sent to the flooded districts, to assist the His Lordship-What has this to do with the $10,000 have been received as donations. There the gods have already abated to about 8 feet

too rapidly. During the past, week hardly

sufferers returned to Canton and reported that amendumut to the writ ? demanda.

Mr. Macleod-I will come to that I'm

is oss noteworthy feature is connection with the latest contributions, and that is an amount and should the weather continue favourable 1.shink it does affect the question. mlaute When the writ was surved, of course, I saw my

of $2,000 subscribed by the Hongkong branch they will entirely subside in two days.tp of the Chinese bank ustabilated" "under" (ks A COMMENDABLE, ACTION, T

was able to obtala instructions suspices of the Ministry of Posts and Come kim and. advise him on the writ which musications Paking,

Detailed contribu bim: Nr. McBain left on the tionS'ATH AN Kh. Now, bearing these circumstances. In mind, and looking at the original writ there

question

se to whether the amand" ment paw stated is quite a fair ons in the alicumstances. The original writ, although of course-it did learn a certain amount to be desired, which I think my learned friand now sado, was, kownyar, to some extent specific It allages damages caused by negligence of the defesdent in his office of director or agacts but looking at the desired amendment, we have nothing stated at Mill excaps the fact that there kas begu allase in the date of soma shares, and 194p it is generally binded that the dos#dae1 30

gliest

ad

from

+130 ·

followedged..$130,00

MALLA OLTC940 võtma..,000

Communication Bank (opera

1 by the Ministry of Posts and Communications)

3,000

Ng Ping sam kärmännamnensecintere

1,000

I WA KWAN pipranonimnyama Hon. Dr. Ho KaÏ; C.M.Q.......

-500

500

Kwan Taun Bhan

500

Cheong Shing (goldsmithe).. Wing Tong Kut

500

200

In consideration of the present disastrous foods, the Canton authorities hare given orders probibiting the rice merchants from raising the price on the staple commodity.

MEDICINE FOR BUTTIRERS, GAM Bevaral chamisu in this city have handed a large quantity of drugs to the Central Relief Committee to be sent, to the „froded, districts for distribution to those that might requien thám, i FATAL TRAIN ACCIDENT, SOPPURE On the 17th-fdijant, a man named Kwoon" Tong Kal was knocked down by a train' which was proceeding to Fatahan"from Shak Wal Tong. The colostannia Fianka" sustained? fracture in the head' and was het?) and fabusa go? Suncoasty, Bevota) othern wan MIGO: ZEGTE OF