1913-05-02 — Page 5

1:

COMPRADORE'S

THE HONGKONG TELEGRAPH, FRIDAY, MAY 2, 1913.

if what he said was right, or on STRUCK THE LUKONG. MORTGAGE, the other hand, if what they said

were right it meant that the Action Against the Hongkong that point, Mr. Slade had said plaintiff undoubtedly lost his on

that he, Mr. Jenkin, had con- cealed the point.

and Shanghai Bank,

The action arising out of the| affairs of the ex-compradore of the Hongkong and Shanghai Banking Corporation was continued this morning in the Supreme Court, before the Chief Justice, Sir Wil lism Rees Davies K.C., sitting in Original Jurisdiction, in which Lau E Sam is the plaintiff and the Hongkong and Shanghai Banking Corporation the defendants,

The claim which is set out under thirteen headinge, arises out of questions as to the validity

of a mortgage made between the

Hongkong and Shanghai Banking Corporation, and Lan Pun Chiu, 8 part of rentity on taking up the compradoreship.

Mr F. G. Jenkin, instructed by Me Boavis, of Mors Wilkinson and Grist, appeared for the plaintift, and Merers EE. Sharp K.C. and M. W. Slad K. C. instructed by Mr H J. Gedge, of Messrs Jobuson Stokesund Master,

for the defence.

Over night question was rais- ed as to the meaning of the plead ings, regarding a passage in them dealing with the date as to when nolice of the second mortgage was given to the defendants,

Me: Slide: No, no.

Mr. Joukin: Last night you said that it was a trap.

Mr. Slade:-I said I was misled by the pleadings.

An Incident at the Juvenile Sports

THE GREGORY APCAR.

Coolle-Ship Case at Singapore.

The evidence was to the effect qualified medical man as

RATING APPEALS.

One Allowed and a Second Withdrawn.

Two rating appeal cases were mentioned this morning-before in the Supreme Court. Mr. Justice Kemp, Paisne Judge,

The first one was in the mat-

DAIRY FARM NEWS.

Something Good.

HAVE YOU TRIED OUR

Farmer's Sugar Cured Bacon ?

At the Police Court, this morn- ing, a Chinese clerk, employed by The hearing was continued at Mesere Johnson, Stokes and Singapore' last week of the case: C. D. Melbourne, with assaulting wherein the captain and owners Master, was charged before Mr. a lukong at the Juvenile Sports, of the "Gregory Apcar," are held at Causeway Bay, last summoned for not having a fully ter of the valuation of Quarndorn, His Lordship-Sufficient to

Saturday,

abip's rural building lot No 112, The the day is the evil thereof.

Peak, No 2 Hill Distriot. Mr. A. IT IS PROnounced by all WHO HAVE TRIED IT Mr. Jerkin said that he in-that when the lukong asked him doctor, whilst carrying over twenty G. M. Fletcher, acting Colonial to keep back off the track Chinese immigrant coolios. Treasurer and Collector of Rates

TO BE ABSOLUTELY THE BEST IN THE COLONY he declined. When the lakong Both parties were convioled of and Taxes, appealed under sec pushed him away he struck out the above offence before Mr. tions 16 and 17 of the Rating

Frove It For Yourself. at the lokong.

A Europeau witness said he Talma on Monday last week, but Ordinance 1901, against the

valuation of that tenement by: heard a police whistle blown and Mr. G. S. Carver, counsel for bath which the raceable value was as His Lordship consouted to this on looking in the direction from captain and owners, wished to sessed at $2,100, the tenement boing done, and Mr Jenkin then whence the sound came, he saw call further medical evidence, in being let for a term of three years asked that if it were done, itthe defendan: boing held by mitigation of the fine to be from May 1, 1911, at $225 per shield only be allowed on the the collar, by the lukong. He imposed.

month with the option of two

tended to slow from the plead ings that no plendor could be misled as to their meaning.

Mr. Sharp, suggested that the whole difficulty might be obviated be an amenduent to the defence

not arise.

די

cause of it.

lis Lordship decided to allow the amendment and if necessary the question of costs was to ho argued at a later stage. Ho remarked that the question may

In reply to Mr. Lewis (of Messrs. Mr. Sharp addressing His Lord-Johnson Stokes and master), who ship in defence said that from the defended, witness said he saw the beginning the articular property, lukong strike the defendent, but now in question, formed part of that was after the defendant had the security of Lan Pua Chiu,

struck the lukong. The purpose of the security was

A witness for the defonce said

Mr R.F.C. Master, of Messrs John- son Stokes and Master, appeared for the occupier of the house.

terms set out in the White Book, also Raw the defendant Dr. Norman Black, M. B., years further renewal at the same that the plaintiff's coste should be strike the lakong twice, and Oh, B., Туда called, and terms, the occupier paying the paid up to date.

the lukong retaliated. A. Eur said he remembered being called rates. open constable then came up and to the "Gregory Apear on the Mr P. M. Hodgson, Crown So- took the matter in hand. He did 27th of last month. Dr. Fowlie licitor, appeared for the appellant trouble and did not know the late. He, witness, saw a number dont, appeared in person, while not see the commencement of the was also called, but he arrived and Mr David Wood, the respon-

of sick persons on the beat named; he examined them, but had the greatest difficulty in arriving at what was really the matter; the Mr Hodgson said that the tene- sick people all said they had pains ment was, as he would show his in the stomach. After a careful Lordship, let for the sum of examination, he failed to diagnose $225 per month from April 29 the complaint as cholere sicce; he for the term of three years, renew- to guarantee the compradore and he saw the lukong strike the de-gavo instructions that, in case of able, the tenant paying taxes, Dealing with paragraph 5 of Chinese staff, securing them in the fendant. He was watching the another death, the body should at The present rateable value was the statement of claim, Mr. Slade performance of the agreement and sports, but he could not say what once be sent to St. John's Island assessed upon a rental of $175 said that it was suggested yester to secure against any loss by rea-ront was being decided.

for a post-morten examination, exclusive of taxes, which brought day that that was an allegation) son of their default, Mr. Sharp,j Mr. Lewis argued that the This was doue, and the Govern- the rateable value up to $2,100. that the defendants had notice, at then proceeded to show how the lukong in pushing the defendant ment Analyst who conducted the That was based upon the return the time of the making of the agreemont drawn up between the was guilty of assault and that any post-mortem examination, a gent made by the owner of the house second mortgage. That, be rub the bank and the compradore, retaliation on the part of the leman with very great experience in which $175 exclusive of taxes mitted, was clearly not the mann-secured the latter and the Chinese defendant was justifiable. He in such matters, told witness, on was returned and now he was ing of the paragraph. They bad staff in the performance of their would not only ask for the the telephone, that he had ex-seeking to upset that valuation no indication in the statement duties, It was quite clear defendant, who was a good boy of claim that they were claiming that all the defnluations in and one born in the Colony, to be perienced the greatest difficulty on the grounds of which he had

in locating cholera germs in tho just informed

his Lordship. that the notice was given on a question were covered by the dismissed, but also ask his Wor-

body.

His friend, Mr Master, appeared certain definite date, and that the agreement, and some of them ship to reprimand the lukong.

for the occupier. account was closed on that date, several thnes. The property hud

What Meaning ? "

DO

a

His Worship:-The trouble

very often is with people born in the Colony. $10, and cautioned.

..

LOCAL SPORT.

BILLIARDS.

Mr. Master said he was appear-

Questioned by Inspector Am brose as to whether he witness, ing to admit the lease, the exis- would give a certificate of death, without holding a post mortem, had been served upon the occu

ting rate receipts, and that notice that is, supposing, as in the pre-pier. That was as far as he was sent instance, so many as a dozen interested in the proceedings; deaths bad occurred in five days, to adrait those three points. and the disease still unknown, Dr. Black said he would not

Questioned by Mr. Talma, sem, doctor, would you require magistrate: To hold a post, mor- microscope?

Dr. Black:-Yea!

a

I

Mr. Hodgson said that, aubject to the approval of the respondent, he would ask hie Lordship to grounds, allow the appeal upon those

Mr. Wood said that he had no objections. The house should. in his opinion, be assessed at $2,700 on the rental of $225 exclusive. appeal would be allowed and the His Lordship said that the

Colonial Treasurer would be directed to amend the list.

Therefore the pleadings of the heon held from 1906-1910 but the defendants were perfectly correct. mortgagor died and a new mort They pleader that no date was gage become arcessary. On page given them, as lo when they wore of the mortgage, the bank was. sopposed to have hid potica given power of sale րա There was no suggoston on the one month's notice of claim statement of claim that they were having been given. The pro- aware of the mortgage prior to cedure detrile there, was fol-

Soldiers Club Tournament. the defalcation, but that they lowod by the bank and were aware of the mortgage prior question had been raised over final of the Soldiers' Club Billiard The penultimate game in the to the application of the proceeds. stat. His Trdship would realize Tournament, between Mr. John The contention was that if they at it recited the agreement of Rodger of the Hongkong Volun had notice prior to the time that 1910. The third documant was teor, and Corp'i Brown of the they proceeded to apply the pro- the plaintiff's second mortage A R. E. Team, was followed Magistrate: Do you know ceeds of the sale, there were some dated November 2, 1919 and this with much interest, by a large whether it is usual for a ship's grounds of action.

was the mortgage, which the attendance at the Soldiers' Club doctor to be supplied, or to carry His Lord hip-As regards plaintiff now claimed gave him last evening. The game wae a microscope? paragraph 7; it might mean any right to a claim which overrode of interest in two ways, Dr. Black: I should say not. thing.

the back.

for, in the first instance, it have been on hundreds of ships, Mr. Slade-It might mean Dealing with the first con practically decided the eventual and have never seen a microscope anything.

tention of the plaintiff that result of the week's play, and upon one of them! Continaing, counsel said that the mortgage was altra rires further, a determined attempt the plaintiff bored a claim on an the defendants, Mr. Sharpe denied was made by Mr. Rodger on the Black, that you were on a ship Fletcher acting Colonial Treasures

Mr. Carver: Assuming, Dr. allegation, presumably, that the that such was the case. The prize for the highest break made and had no microscope at hand, and Collector of Rates and Taxes defendants were aware before the case was one a great, import during the tournament. About could you with certainty, correct-appealed under the same section proceeds were handed over. The ance, because a decision that three-quarters way through the ly diagnose for cholers Bices? defendants iccre aware before these mortgages were ultra tires game, Mr. Rodger got going and the proceeds were banded over. the ordinance, would affect, the as his break topped thirty, inter-so. I am not an expert in this value of the tonement waS BESOSS- Dr. Black: I should not think against the valuution of the gaid There was no specific date given title of more land in Hongkongest was intense, and from the particular disease, I know it by ed at $2,100, on the ground that tenement whereby the rateable at all. He admitted he had notice than he was in a position to tell position he held, it looked a name only, but I am of the it was valued below its rateable and it seemed to him, the only His Lordship, because, as his though a big break was there, all opinion that it would be impos-value, the said tonement being let specific time, during that period Lordship knew, 8 great for the making. But at 30, Mr. sible to correctly diagnose cholera at $300, the tenant paying rates. to which the plaintiff drew atten-deal- of property bad tion, was some time before the various times been mortgaged to stroke that would have put him ordinary cholera, yes, the naked said he did not intend to proceed at Rodger failed to bring offices without a microscope; in In this case the Crown Solicitor application of she proceeds. the Hongkong and Shanghai past the existing highest break.

The effort was loudly applauded. To would be sufficient.

The Position.

Bank,

a

Appeal Withdrawn,

The second onse was in the matter of Tanderanges, 119B the Peak, Hill District. Mr. A.G,M,

with the notice of appeal at p.1

#

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CLARETS, PORTS,

AND

SHERRIES.

Mr. Ambrose proceeded to ask sent. He would be out of time CLARETS.--From the world

His Lordship:-What is your bearing on the case?

Mr. JenkinHas this any Nevertheless the useful addition position?

of 30 placed the game beyond other questions, and to put in if he did not proceed to-day bat dispute, and, though Corpl. Brown a certain medical journal, when he proposed to allow the matter

magistrate remarked played a careful game, he was left the

to to be withdrawn, with his Lord- well behind, and lost by 77 points. him: What is it we are really ship's permission, with a view to This gives the Volunteers a lead trying?" To which Mr Ambrose taking other steps later on. That of 65, with a strong player, Capt replied:-Wears trying to prove was if he was so instructed. Lammert, to repre-ent them in that the ship's doctor was incom His Lordship-The sppeal is the last game. Scores:--

Mr. Slade:- don't suppose Mr. Sharp-No; but it is my friend meant to conceal his fact. point, though he moalsuccessfully Bis Lordship.It is a little did it. Nor did he mean, with caveat then. (Laughter). regard to his third point to con- The case was proceeding as we ceal it, but he most successfully went to press.

1. did. We don't desire, in the least,

to slop him; we have not the

alightest desira to prevent the CONTRACTORS AT LAW. point being argued. The position

ia, ampposing the pleading

is not what he alleger, that This afternoon in the Summary point alone

g088. At the Court, before the Paisns Judge, same time, I may have odd ide's] Mr. Justice Kemp, The Mes Lit on the subject, but it seems to me contractor of 30 Leo Yuen Street; that if a man fairly intends to sued Tee U.Lim, 37 'Queen's Road raise a point he ought to be East, also a contractor, to recover allowed to do so by amendment; the sum of $575.08 due on a pro. 'I don't want to shut him out. missory note dat» March 28, 1909. His Lordship:-The defalc Mr Dennye, Jun. of Mesara tions occurred since the date of Dennys and Bowley appeared for the mortgage?

the plaintiff, and Mr F. X. D'Almada e Cuatro for the defence,

1

Mr. Slade said that they bad cocurred since the date of the

Mr Dennys said that the defen- mortgage but before the notico, dent was a partner in the Kwong If the other side were prepared to Yick Firm, and the only defence prove the notice to his Lordship, that was likely to be raised would let them do so. There was no be under the statue of limitatione. admission on the face of the The case was proceeding as we pleadings that there was any went to preɛs. notice of any definite date, except

prior to the sale. They admitted

prior to the sale they hud

motion, but that was the only time. Mr. Jenkin mid that the point

Deutsch-Asiatische Bank.

was of auch importance that it A telegram from Berlin states either meant In his opinion that that the Deutech-Asiatische Bank the biok lust their case entirely, is paying a dividend of five per

dent, for the past year,

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Corpl. Carpenter 200

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Corpl. Brown

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Mr Stamford

800

Mr Bishop

153

Mr Wolf

178

Mr Bullock

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Mr Hamilton Mr Barlow Mr Rodger

100

200 200

1230

Arrested for Jewel Robbery,

petent for the duties required of withdrawn, him, and to prove the damage

done through his incompotence!"

The magistrate said, "Oh! No! we are here to find out whether the doctor of the "Gregory was fully competent Apear" and nothing more; what amount of damage has occurred through any incompetence has nothing to do with this matter.

Dr. Black, further questioned,

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would be expecting and look- The Steamer has superior scoots- ing for cholera certainly, but modation, for passengers, is installed for many other things be throughout with Electric Light and sides; ptomaine poisoning, several carries a duly certified doctor. forms of metallic-poisoning, and Betara Tours to Japan (ocopying several others of vegetable 20 days.)

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