1911-04-08 — Page 11

SUPREME COURT.

IN SUMMARY JURISDICTION. The Acting Paisne Judge, Mr. Justico F. A. Hazeland, prosided at a sitting of the Summary Court Friday, morning,

PROTEST AGAINST LOCAL PRACTICE.

When an notion for money leat was called, Mr. Bowley asked for a day to be fixed.

His Lordship said the case would have to go on the bottom of the romand list.

Mr. Bowley-But one solicitor can't force a case to go on tho bottom of the remind list?

His Lordship-I'm told that's the practice of the Court.

Mr. Bowley-That's not the practice at homo,

His Lordship-I'm told that's the practice here, (To Mr. Stevenson)-Do you admit this is

a short cause.

Mr. Stevenson--No, my Lord. After further discussion, a day was fixed.

Mosers. Hind and Goldring upon this jumped up and took objection on the ground that the day in question had al- ready boon sot aside for the hear-

THE

Mr. Harris (For the defendant) I'm instructed to consent to judgmont for $40.

His Lordship Are you pre- pared to accept the amount?

Mr. Stevenson-Yes. Mr. Harris-We can't pay any thing at all now, ›

Mr. Stevenson-Wo have beon offered $15.5

ship make it payable at some Mr. Harris-Will your Lord date ahond? The position is this.

There are two defendants and one of them has ofiored to pay the balance of $40.

An order was made that the first instalment of 15. was to be paid on the 15th of May. AN AUCTIONEER'S CLAIM.

of accounts.

Tho caso was fixed to be heard

on the 21st of April at 2:16 p.a.

HONGKONG TELEGRAPH

ona

SATURDAY

APRIL 8

COMPANY MEETING. TOERANGI RUBBER CO., LD.

1911

ing of another action in which THEONGKONG BUTCHERY not mention one word during his one alred of truth in the commission. The alvaneos to our local advisors, well suited to

The base was resumed in Orico the cash-book, ledger ·or, ac, føvidence would entitle tho de contractors and builders as well ablo for tobacco. Now, I believe)

they wore engaged.

CASE.

His Lordship-If Mr. Steven son admits that this is a short ginal Jurisdiction in which John cause, I'll fix a day.

Tatam, rúnuor of the King Edward Mr. Stevenson-No, I don't ad-Hotel, is seeking to have accounts mit this is a short cause,

taken in connection with the fongtong Butchery Company; the appointment of a Receiver and for further or other relief as against Frederick Howoll, Head Bailiff of the Supreme Court. Ma

His Lordship-Then the caso will live to go on the bottom of

the romand list.

Mr. Bowley-When williteome

on then?

You might soo the romand list.

A SOLICITOR'S FEES.

his foos.

Mr. Loo, Almada-How can you be entitled to recover cost before you obtain judgmont?

Mr. Stoplons-I shall prove my claim,

the

|

whick were kept since Feb., 1800, count books, orereuncoiuht books but now it was clear that the books were kept by an accountant, ein- ployed by the company and that the plaintiff could have seen them at any hour of the day. Perhaps, the plaintiff was so ignorant that he was not able to not display such appalling understand the books, but he did ignorance in the witness-box, surd. and even assuming his ignor assuming a potion which was misleading and suggested fraudulent intentions on the part that Yuen Cheong, gave up the of the defendant. It was clear business in January, 1807: Henffects my honour. would prove beyond, doubt that the business was not given-up for fraudulent purposes but because Yuen Cheong wished to do

His Lordship

sible explanation and Counsel Auswor the

is entitled to an answer. Tho suggestion has been put forward all along.

Defendant (Excitedly) -

out between now and to-morrow Mr. Slado-Could you find morning the cause of a sudden rise in your incomo in 1897 ? the sweeps in the United Club Defendant-Yes, I was running (Loud Laughter),

The case was adjourned.

•

the adoption of the report and ne- There were no questions, and

Donison who retires by rotation counts wore carried unmiubitaly. qudded by Mr. Romme, that Mr. The Chairman proposed, 80, should be re-elected a director of the company curricul Mr. Percy Smith secondled that a The Chairmant proposed and

COMMERCIAL..

SINGAPORE SHARE MARKET Mossre, Fraser and Co.'s wock-

Rubber.Malacca. Ordinarios

wore lony losses, and that without ment that the sale of the business taking into consideration one cont was a pretonded salo was un-

Mr. Slado-I hayo great plea 2. By applying any profits of the money advanced by Howell. true, and also that the doload-

to adopt the seconuts. suro in reconding the resolution may make from tobacco growing It was proved by the books, and ant had retained for himself

In all to developing our rubber. We ovon had thore.not been a book the whole or a larger sliaro of the

aro essentially a rubber company, planting, enterprises the thiroo and I personally, and, I hope, the produced the facts of thio caso buginess. He would satisfy lits

The first meeting of the above grant amentials for success are majority of us, are willing to waît would have shown that the busi-Lordship that the defendant has company was hold Thursday after-good management nad labour, for a return on our investments ful at the ond of January, 1806, kong Butchery. The evidenco Sir Hormusjee Mudy-presiding capital. Arlo our mingement it will, wo original shareholders ness could not have been success no shares whatever in the Hong noon at the Company's ullicor, good soil and climato unsullicicut until our rubber begins to pay. because at the beginning of brought by the plaintiff to prove There wore also prosent Mossre. thors can be no doubt that we have shall be in a doubly strong posi- Ifour-tobacco-pays, as 1-hope was arranging with Yuen Cheong of the business, he mentioned pay tors) M. W. Slade, D. O. For came to us with a woll-ourned re-improved beyond the amount we January, 1800, plaintiff himself that flowell wasat least partowner H. Pinckney, A. Denison, (dirov of the best. Our rosidont gortion. Our estate will Janvo.boon to take over the business. Homonts to Campbell, cliques cold syth, Commander U. W. Bock-putation for ellicisney: from one vo put into it, and we shall be with Yuen Cheong as to what sou and a shit to the Lee Company. Sinju, B. Rouso A. L. Sumaten, the United Langkat, and capital, if we decide to do so, on was, arranging and negotiating by Tang Koo, a letter to John with, P. Loureiro, H. Percy of the best mango estutos in a position to raiso further would be absurd to suppose that Lordship with the question of and M. Roader Hurris (Secretary) our estate boing under the constant even if the price of rubber falls commission he was to get. It lle did not wish to weary his Stoin. G. Newald, A. S. Hewitt, wo have the further advantage of had the business been solvent, frand, although from his client's

vory, favourable terms." Thon plaintiff, would willingly have point of view the matter was notice convening the meeting, the porioncc planters. Thus men minimum of 18. Gd. alb. wo can

The Secretary having road the supervision of two vory es below antided it over to a compradore. most serious. Defendant was a Chirmin mid-Gentlemen, are not merely employed by us, still confidently export very sub- the generally-acceptod He would have made infinite-Government servant and it was The directors' roport and the ac but they are our partners, having stantial dividends.. Mr. Geo. P. Lammert suedly more, otherwise. It was most serious for a man to come connts have been in your hands invested substantial sumus in the Olun Yu Ting to recover the sum maintained at of $500. It was mutually agreed, he did not know whether it was gross acts of fraud against. less allow mo tu take them as readonly for the Company but for timo forward into. Court and alloge for some tind and you will doubt Company. They are working not by both partios to adjourn the still maintained--that the accounts him. Caso sino die.

His Lordship must The baldico sheet is, as you will themselves, and this, I think you A QUESTION OF ACCOUNTS, and plaintiff was not allowed to light-hearted way in which these February, and the report was guarantee that they will not rashly

woosolely in the hands of Howell have boonstruck by

the have noticed, dated the 13th of will agree with me, is a good in which a. M. Alves sued Adu of being defrauded. He did not no proof,,not only of a fraudulent Sumatra to that date. On the 1st tosoil and climate. Thoclimate has The case was again mentioned consult the books, for the purpose frauds were alleged. Thioro was drawn upon advices received from employ the Company'smoney. As Sachse for $1,000,

know whether that was the im-net but of any not which was trans- Marof a call of 6s. was made and been proved by the experience of Mr. Shenton-Task that a day prossion which was intended to parontly not right. He would the shares are now 12s. 6d. paid our neighbours to be as well if not bo fixed. It's purely a question be conveyed by plaintiff call witnesses who would give a

but, at all ovents, that incomplete and full history of the up. The only items in the ac- better suited to the growth of the pression was (15 ກ mallor C060.

He would satisfy his comment are the advances to Far East. Of our 8,000 old acros, o and is hereby appointed nu count upon which I propose to rubber tree than most part of the member of the staff of our bankors, of fact, conveyed. Plaintiff did Lordship that there was not Chinese and Indians and brokers practically all is, in the opinion of ditor for the ensuing year at

to bo nominated by the muunger, examination-in-chief with regard allegations of fraud and whoso Chinese are advances to Chinese rubber, and about 500 appear suit-romuncration of 200 guilders.

mont.

Carried unanimously: fondant to his Lordship's judg as to coolios. The advances to that there is no uncleared, unpro-mecting is over, and I think you TheChairann-Gentlemon, the

Mr. Watkins get Tatam out of the ment made to brokers for pro-mands a higher price than Mr. Slado-Did not you and The brokers commission is pay world which in its wild alate con-

Indiansaro to Javanosonnid Klings. pared agricultural Innd in the for your attendanco. Colony in order to soll the But-curing contract labour, chiefly Sumatra tobacco land when-and ohery?

Dofendant (Heatedly)-Do you cost of securing indentured labour been proved by actual cultivation Javanese. As you all know the this is the important point-it has suggest that?

is heavy and the commission paid of portions and by sale of the pro- Mr. Slado-Yes, I do suggest it. in Sumatra for Javanese coolics is duco to bo, capable of bearing His lordship don't know.. W. Slade, K.C., instructed by

My Lord, the suggestion is ab-75 to 100 guildes porcoolie. The high-class tobacco. As we have ly slinre circular dat March 29

Defendant (To his Lordship) Mr. J. II. Gardiner, appeared for

contracts are for, threo yours and heard from our chairman, the the plaintiff and Mr. Eldon Potter,

the instructed by Mr. C. E. H. Boavis, ance, he was not justifiod in question. You may have a pos- 12 1-2 guilders for each man and I porty at the Amsterdam sales (7 rubber shares which have beon The case was mentioned is of Messrs. Wilkinson and frist,

10 1-2 guilders for the women, next spring, Toerangio tobacco have declined slightly with the commission, work out at about its capital in improving its pro- passed, principal doulings being wages, including the brokers' Company is applying a portion of states: Another quiet week line which the Robinson Piano Com-was for the defendant,

stoady until the close, when they pany sued J. C. Login to recover

Jis Lordship, before" the sum of $184,85,'

or month. This is cheap com- will fotol prices anywhere near price of the raw material. The Mr. Matthew John Stephensing proceedings, atd that he had compmoncement of this morn

pared to the wages paid on those obtained by our neighbours Straits Steamship Co. report, asked for his foo in respect of his considered the point of law raised

many rubber catatos elsewhere, this year, the value of our estate - It attendance that morning. Hehind by Mr. Potter that the plaintiff

The commission will be written is no longer based merely on the showing the vanai dividend for not had to use much ouorgy but was barred from bringing the

employed. The programme for by the touchstone of the market. Mining shares arò quiet, but thero off year by year to the various estimates of experts, but as to our extremely well received and tho 1 the year of 10 per cent., has been all the samo he was entitled to action owing to the length of

1911 was decided upon after Great success in tobacco growing has been a good enquiry for some crops on which the coolies are tobacco, and will have been proved shares are stondy at quotations. that the Statute of Limitations. That was admitted by the time that had elapsed. Ho found did not apply in that ouse plaintiff. He had been unwilling

shareholders here will consider of the growth of the crop. But have changed hands during the consultation with our Suniatra can only be attained by hick with Industrials, trionds but it may be that sonie the weather at the critical periods Plaintiff could not be estopped to admit it but was forced and if judgment wont against the to do so.

that we are taking an excessive moderate success can be com- week at £9-12s. 6d. #10-0-0, Beu- As ho had submitted at defendant, appeal might lie on the beginning of the case, if the that point.

risk in planting up 200 fields of manded by good management, as fields £0-2-8, Patalings 00s. Te- tobacco By the end of June we is shown by the results obtained, braus 728. 6d., Bukit Kajanga 54s. 4th January, as plaintiff said, and business was closed on the 3rd or if lowell owe him $1,400 or

and we can then decide whether years, has never failed to pay a joeps, 10a. 3d., Sendayans 31. shall know what sort of a crop ye for instance, by the United Lang- Bil to 55s., Jugra Lands 48s. 9., luve on the 100 fields now planted kat, which, during the last nine Sungei Chola 93s, 1.12d., In- any sum, it seemed to him

to plant next year 100, 150 dividend from the profits of its 10.121.premium, Tanjong Malims absolutely irrelevant to that ease in the Hongkong Butchery. Ho whether Howell had any interest

or up to 200 fields. The area tobacco. These dividends have 98, 31, premium, Linggis 50s, 10. submitted that it was abso- of interport matches. was played is not up to the average or if blank year. If that Company Koss 3. promium. Sales inve will not be increased beyond varied from 10 per cent, to 10 per 12., Bertama 78. 4.120. Hoawoods The second game in the series the 100 folds if the present crop cent., but never has there been a 5-3, Taipéngs 2-10, and Gan lutely immaterial. Plaintiff's use on the polo ground Thursday be for any other reason it seems in- can show such resilts I see no taken place in Singapore and business was never closed. He and Hongkong. As in the first advisable. At the first sales this reason to fear that ours will not Johores at $13,50 and $13.00, on the pleadings was, thunt his Liveon teams representing Manila (plaintiff) contended that there game, the visitors proved their jong Langkat and Soekoranda bean trained in that successful $10.50, Honriettes pt. pd. at par,

year, the tobieco from the Tand- do well, for our managers havo! was no real anle, but that in some superiority,

cum. div., Balgownies. $11.50 to winning way or other the business was Nevertheless the game was realised 2.5 and 2.02, very high those remarks by having made to $1.85, Alor Gajahs $180, onsily. Estates, adjoining Toerangio, school, I have been led to make Malakoffs 2.15, Clonealy's $1.80 carried on under some new name. most interesting one and was prices, and as land and conditions careful enquiry into the advis- United Singaporea $1.10 to failed on plaintiff's own admis- fashionable attendance. Play was Ho submitted that the case had greatly enjoyed by a large and on those estates are very similar ability of our employing a portion 81.50, Pantais $1.30 to $1.25, sions, so that, he failed to see very fast throughout, but the to Toerangio we have, at any rate, of our capital on tobacco growing. Jimalisand Ulu Pandans 60 cante, what tho Hongkong Bathory Manilans were somehow quicker reason to hope for satisfactory I hold a substantial number of and Teluk Ansons, which hav Company had to do with that ease on the ball than the Hongkongites, checked by two planters interest-at stake in the Company than I have changed honds at par.

rosults. The expenditure is shares and have far more money announced a 5 per cent, dividend, if the business was closed and if who, however, had hard luck more ed in the estate. Mr. Doughty caro to so imperilled, and hearing in the closing of it there was a than once.

Mining. A few transactions had chosen to say that Howell an excellent game and Messrs. 100: In future we propose to operation I sought for accurate in the latter having declared at 16 counts before you for Guilders tobacco planting was a most risky and Royal Foliores at 50 cents, Company and that the business for their side. But all eight did the stuff of our bankers to carry our funds were not being risked vanced to 86 sales, but apart was the Hongkong Butchery Bowditch and Margette did well make arrangements with one of formation. I satisfied myself that cents dividend. Belats have ad- was his own business. He did their best. The first chukko, a not ask what his own share very fast one, saw no score, but in from the ostate is that rubber Is and thought that you would be

out the audit. The latest news in unduly hazardous speculation, from these mining shares have was but merely asked for accounts the second McDonnell put the bean planted through 100 acres interested to hear the conclusion

been noglected. Mr. Potter in opening his case to be taken, but if the plain-visitors ouo up. Some hard rid tion of goods. There's only the said he did not intend to detain tiff on the pleadings recovered, it ing in the third chukka was fol- of tobacco land. There was a I come to. On this point per-been done at 859,25 to $52.50. Gonoral.--Straits Traders have bare, bald statement that my his Lordship long by addressing must mean that he was the scle lowed by another goal for Manila. that there were three inches. of od will be of interest. It costs good demand at $90 and Fraser long dry spoll but we are advised hups some of the figures I obtain-Riley Hargreaves have been in client's goods are illegally detain him at length. It was significant owner of the Hongkong Buichery In the fourth the local men" buck-rain on the 7th March and that all told not more than 1 guilder aand Neaves at $38,50. ed. What more do you want? that a case of that nature should Company and that he was the ed up" well, but were unfortun- the tobacco should do well. At 1b, to put tobacco on the inar- Mr. Hind-There's the possi- have been brought aftor a lapse owner of all profits from 1800 upate, and Bowditch put Manila threo the end of February thera ket. A field equals 1.4 acres, that bility that the goods may have of 14 years, or, rather, should to the present day. Plaintiff must ahead. Despite every effort by were 853 coolics on the estate, ofis, 100 fields equals 140 seres. have come into Court. Apart be consistent. He could not be Hongkong, Norgetts shortly after which 434 are Javanese under An averago crop from a field is Mr. Kong. Sing state in from the question of a logat otherwise. It was only logical. wards scored twice in succession, three years' contract. You will about 10. pienls, say, 1,300 lbs. Court that the goods have been bar, the Court was, as a rule, When asked why he had given and a fast and interesting chukka have noticed in the report that the Therefore 100 felds will produce bought, for which we hold fe-suspicious of a case of that kind power of attorney to Watkins onded with the score: Manila-5; survey of the catate has been 130,00 1bs. It will cost to put ceipts. I think that is ample brought after explanation,

90 a long lapsele said that he did bo Hongkong-0. · Mr. Hind-The goods have the Court suspicious of a caso do so. He told them with n seri- determined fashion and Captain for which we paid about 21 au

of time. More especially was cause he was asked by Howell to

completed. We have 8,048 neres this amount on the market at tho Hongkong again played in of good land in a contral district, outside G.130,000-£10,830. Say been bought?

when the case was founded on ous face he did not know Brierley notched their first goal.

we sold for an average price of Mr. Kong Biug Absolutely serious allegations of fraud. Al- whether in his innstmest heart he. He had a chance to score almost acre, 10s. in cash, and 10s. in 4.1.10, our clear profit would This is only a method of delay, though they were told by his was serions-that he expected immediately afterwards, but un- for rubber is larger than we anti-there are posibilitios judging of Foreign Affairs has repeatedly

shares. The area of land suitable be G. 52,000-about £1,330, and My friend knowe that my client learned friend that the case was Howell and Watkins kucarry on fortunately mis-kit, and the cipated and more than we can from the prices paid for tobacco telegraphed to the Viceroy to open

Mr. Hind-I don't wish to position was untenable on roading and on his holalf.

not founded on fraud, his friend's the Hongkong Butchery for him Manilans promptly scored. Their make use of with the capital at from the neighbouring estate of up negotiations with the Mauno cause any delay whatever. It will the pleadings. It was a case of was to continue to finance the minutes lator from a mix-up near tlemen, allow me to say that I unlikely that the price of Sumatra matic, commissioner, Colonel Ho Howell soventh goal was added a few our disposal. In conclusion, gen- larger returns than this. It is government, and the Cantondiplo accelerate matters if the position frated from beginning to end. The business and plaintiff would goal. is made clear.

case of fraud, he submitted, had travel to America or any othor

consider you possess a most valu- tobacco will materially fall, Ping Cheong, and some other Mr. Kong Sing-I say that the failed utterly. Not one jot of the part of the world and come back pressing and playing a better are fortunate in having secured has been decronsed by the plant affairs, have been to Mnene to con The last chukka saw Hongkong ble property and also that you because the area nudor tobacco officials woll, versed in foldiga goods have been bought. charge of fraud preferred by the at any time he liked and walk game than previously. The com- for its development the necessary ing of rubber on tobacco, hands, for with tho Covornor. In spito

Mr. HindIf that is tho posi- plantiff was supported by cogent into his own. Plaintiff did not say bination was good and two goale tion my friend takes up, I'm evidence. Only that morning, it why the two gentlemen referred were spored, leaving the final supply of labour and thoroughly and the are: suitable for tobacco of this, the question, has been quite satisfied.

was proved conclusively that wors to do that but he simply score 7-3 His Excellency the now the pleasure of proposing our capital. Our total working the Viceroy intends to telegraphi capable management, I have is strictly limited. Now as to allowed to linger on, HE. Mr. Kong Sing There you any representations made by made the statement. Ho would Governor and Lady Lugard were that the directors' report and capital with all calls paid to the Board of Foreign Affairs to are. You have all you want. Howell with regard to the bad not say more than that it was preseut, as well as a large number accounts for the year ending 31st is about £40,000. This amount is approach the Portuguese Minister

A day was accordingly fixed for position of the business so far from not a reasonable position to adopt. of other polo lovers. the hearing of the onss.

being fraudulent and untrue were Ho would call witnesses, who

December; 1910, ns-submitted to obviously instuflicient to fully de- in Peking regarding the appoint CLAIM FOR MONEY LENT. absolutely true. He did not think would disprove-plaintiff's points,

tho shareholders at this meeting,velop, the whole of our estate. ment of a Chinese dolimitation To Sin Yan sued M. Rafeek and his Lordshipwould have any doubt Ho would subunit that Howell had

will ask my friend, Mr. Sindo, to to put into our property. This ed in Macno to confer on the matter be confirmed and adopted and I We, therefore want more money commissioner who is to be station- another to recover the sum of at all now that at the end of the nothing to do with the Hongkong

second the resolution, after which cau be obtained in two ways or with the Macan Government, an 880, being amount due for money four months' trading of the long- Butchery. He had no share and

I shall be pleased to answer any by a combination of the two, as to facilitate the early settlement Tent

kong Batchery Company, there never had sny share. The stato

questions,

issuing more shares of the vased question?

Mr.. Almoda-But the pro- coddings are stayed? 11

His Lordship-This ghostion affects the Official Receivor,

doesn't it?

Mr. Almada--I understood the

Mr. Gutierrez accountant, was called us a woss and gave evidence in respect of certain

accounts.

Official Receiver to tell the Ohiof testimony, Mr. Fotter said he At the conclusion of witness' Justice yesterday that there foured ho night, have to ask for were considerable book debts an adjournment. He could not to be recovered in connection allow the case to rest there so with commission business on the long as there were suggestions of harbour, and he asked for time to fraud against his client. pay liis creditors.

Mr. Stephens' entitled to oxamination boing over,

His Lordship-The cross- I must nak you to open your ease, Mr. Potter.

Mr. Pottor-I would like to recall Mr. Tatum for cross-

my costs.

His Lordship-I've never heard of such a thing before.

Mr. Stephen-It has been done

before.

His Lordship'll look up the records and let you know.

Mr. Stephens-Then I'm quite

examination

Ilis Lordship-Oh, yes.. Mr. Potter By the way, I would like to ask Mr. Gutierrez a few

INTERPORT.POLO.

MANILANS AGAIN DEFEAT

THE HOME TEAM.

satisfied. Thank you, my Lord. questions which I overlooked. debit balance. Howover, plaintiff Mr.Johnstone,at3,again played Kindly agreed to audit the as- the opinion frooly expressed that have taken place in Naubs at $2

Much obliged to your Lordship. PARTICULARS AGAIN. On a case being mentioned, Mr. Hind asked to be furnished with particulars of tho claim.

Mr. Otto Kong Sing-This is ...merely an action for illegal deton-

been hired.

wishes to go away,

MR. POTTER'S ADDRESS. after the tillin recess, Mr. Potter On the resumption of Court said that he took it that his friend's caso was closed.

Mr. Slade-Yes, '

appointed Mr. Bernard Brotherton His Excelleney the Governor has Harker to be a Visiting Justice to the Po Loung, Kek vice Mr. Francis Maitland resigned.

MACAO QUESTION.

CHINESE RESENT DELAY. (Tux "Tour" Corazspononst."

Cunton, April 0. H.E. the Viceroy is earnest in his efforts to arrive at a sotile- ment of the Macao boundary delimitation question. The Board