14
THE HONGKONG WEEKLY PRES” ANDĮ
that my offer is still open. A great deal of typhoid fever has prevailed here for the last two or three months and the death rate has been higher in consequence. I cannot of course, swear that no case of plague has pocurred in Amcy, but I can and de say that with all my opportunities for observation, and after diligent search for the same, I have failed to find any. Knowing the extreme filthiness of the native city of Amoy, and the ente absence of any mnitary regulations, it seems to me very improbable that such an epidemiccan have existed all these months without, by this time, having sumed such alarming proportions as to render its existence beyond doubt or question.-I am, dear sir, your obedient servant,
(Signed) H. MACDOUGALL, M.B.
been lent had not yet expired. At the hearing f the plea of want of consideration was with- drawn. It was admitted that the defendant was á minor. There can be no doubt in the absence of special legislation to the contrary the plea of infancy would be valid and songd. But Mr. Dennys states that there is special legislation in this colony to the contrary, and he referred to section 11 of the Summary Jurisdiction Ordin- ance, No. 14 of 1873. He further states that on the face of this section the defence of infancy cannot be pleaded. Mr. Francis, on the other hand, held that this section referred to proce- dure only, and that it did not prevent him from setting up the plea of infancy. However, on looking over the language of the Ordin- not think it is meant to be
ance, I do
R. H. Bruce, Esq., Chairman, Amoy Chamber confined to procedure only, but is meant to
of Commerce.
SUPREME COURT.
24th December.
IN SUMMARY JURISDICTION.
!!
BEFORE HIS HONOUR MR. A. G. WIE,
ACTING PUISNE JUDGE.
TANG KIT SHANG v. NG PAK To. This was an action to recover $749 capital and
(January 3, 1855.
HONGKONG HIGH-LEVEL TRAM- WAYS CO., LIMITED.
The tenth ordinary general meeting of th sharelolders in the Tramway Company was held at the offices of the General Managers, Mesars. J. D. Humphreys and Son, on Thursday. There were present, Messrs. J. D. Humphreys (Chair- man), J, Orange (member of Consulting Com- mittee), B. Humphreys, R. Lyall, A. H. Man- cell, and Hart Buok.
Mr. HART BUCK read the notice calling the meeting.
The CHAIRMAN said-Gentlemen, with your permission we will take the report and statement of accounts as read. I do not think there is anything in the statement of accounts that needs any special comment. We have been somewhat extend the jurisdiction to the cheaper and more handicapped during the period under review by practical form. I am of opinion that the untoward circumstances. The plague, bas, of Legislature intended that the plea of infancy course, prevented numbers of travellers from should not be set up, and, I think they have visiting this port who would otherwise have expressed that clearly enough in the section. I done so, and the absence of the feet from the therefore hold that the plea of infancy fails in colony during the last few months has of course this case. The other line of defence is that made a material difference to our traffic receipts. there is no cause of action with regard to Notwithstanding these drawbacks I am glad to this $500 promissory note. The note is not be able to say that, in addition to keeping the payable for a year, and there is not the
permanent way in thorough repair and giving slightest doubt the writ, was taken out before increased conveniences and comforts to the the year had expired. I think that is a good public, your General Managers have the satis- defence. Mr. Dennys states there was an ab faction of being able to give you a dividend of 5 missory note and that he was therefore entitled to sue at any time. I am of opinion, however. that the defence is good in respect of the $500. and I therefore give judgment for the $200, with interest at the rate of 7 per cent. from the date of the lending of the money to the date of judgment,
interest due from defendant to plaintiff for solute repudiation of all liability under that proper cent, as against a 4 per cent, dividend the
money lent by plaintiff to defendant on the 30th November, 1893, payment of which was secured by a promissory note for $500 and a deposit receipt for $200.
Mr. H. L. Dennys appeared for the plaintiff and Mr. J. J. Francis, & C., instructed by Mr. G. C. C. Master (of Messrs. Johnson, Stokes, and Master) for the defendant.
+
previous year and a 2 per cent, dividend the year before that. As far as we can foresee there will be little need of any extraordinary expenditure, and therefore we hope that, with the ordinary chance traffic which owing to exceptional cir cumstances we have been deprived of this year, non-results in the future. (Hear, hear.) If any one we may reasonably look forward to still better desires to ask me any questions I shall be happy
Mr. Dennys asked that he should be suited on the promissory note that he might not be debarred from taking farther action.
Mr. Francis asked that no costs should be granted to either side.
to answer them.
No questions were asked, and the report and statement of accounts were passed, on the His Lordship said costs would go to the motion of the CHAIRMAN, seconded by Mr. plaintiff on the $200.
S1st December.
IN SUMMARY JURISDICTION. BEFORE HIS HONOUR. MR. A. G. WISE, ACTING PUISNE JUDGE.
The loan arose in this way. Tang Kit Shang was a partner with Chan Kit and with Smith Alliston in the firm name of Alliston & Co, and in November, 1893, agreed to sell his share to Ng Pak To for $3,700, made up as follows: $500 balance of $2,500 capital that Tang Kit Shang bad to pay the firm; $2,000 cash. paid by cheque handed to Tang Kit Shang, on December 23rd, 1893; $500 in a pro- missory note given by Kwan Koi Chun's son in favour of Ng Pak To and transferred to Tang Kit Shang; a $700 loan secured by
for of $500 a promissory note
a year given by Ng Pak To to Tang Kit Shang, and
MOUTRIE V. MCCABE, by a $200 loan to be repaid in a short time, for
This esse, which has been before the Court which deposit note was given, the total of for some time, through successive adjournments, these various forms of payment thus making was finally taken up to-day and ended, with the $3,700. Afterwards a formal deed of dissolu-exception of the judgment, which was reserved. tion was endorsed on the original partnership deed and Mr. Alliston gave three notes, one for $4,700 to Ng Pak To, one for $2,500, repre- senting Chun Kit's capital in the business; and one for 82,500 to Tang Kit Shan as re- presenting bis share of the capital This note of $2,500 was endorsed to Tang Kit Shang and handed over to Ng Pak To Alliston hav- ing now failed, Ng Pak To claims no considera- tion passed. Plaintiff sues for the balance due him of $700, with interest and costs.
Defendant answered that the suit was prema ture, having been brought three days before the maturity of the obligation, and also that the debt was worthless because made by a minor; Mr. Francis quoting Chitty on Practice of the Queen's Bench 1137 and other authorities.
as His Lordship said the case had been dragging along so that he had almost forgotten some of the details and would have to refresh his memory of them.
Mr. HL. Dennys appeared for the plaintiff and Mr. J. Hastings, of Mr. V. 11. Deacon's office, for the defendant.
Mr. McCabe and Mr. Robinson testified as to the accounts and in many particulars disputed the statements of Mr. Moutrie. A letter was placed in evidence from Mr. Moutrie speaking, at the time of the dissolution of the partnership between Mr. Robinson and Mr. Moutrie, in the highest terms of Mr. McCabe and wishing him much success in his new association with Mr. Robinson. Other letters were put in from Mr. Robinson to Mr. Moutrie suggesting that while Mr. McCape might be doing nothing wrong the firm was suffering from his rather too rapid living. All parties seem the whole time to have been conscious of these so-called excessive and Mr. McCabe steadily protested against their charging them up to him after they had been practically recognised by the firm as correct. Mr. Robinson admitted the fairness of Mr. McCabe's protest with regard to several of the items, agreeing that it was impossible to lodge decently in Kobe for the $15 to which Mr. Montrie wished to reduce him.
Judgment reserved.
MANCELL.
On the motion of the CHAIRMAN, seconded by Mr. MANCELL, Messrs. Ewens, Orange, and Poon Pong were re-elected to the Consulting Commitee for the ensuing year.
The CHAIRMAN proposed, and Mr. ORANGE seconded, that Mr. R. Lyall be re-elected audited.
Carried.
The CHAIRMAN, in thanking the gentlemen present for their attendance, intimated that divi. dend warrants would be ready on Friday.”
MAJOR BROTHERS, LIMITED.
The annual general meeting of the share- holders of Messrs. Major Brothers, Limited, was held at Shanghai on the 22nd December.
The CHAIRMAN (Mr. J. Thorburn) said :—In proposing that the report and accounts as printed and published be passed, I have very little to say. At the shareholder's meeting held on the 17th, I gave the fullest par ticulars possible in connection with the working and prospects of your business. I explained at that meeting that although we had undergone many difficulties in the managing of your busi- ness during the past year, we are able to some before you with considerably more actual value in land, properties, and stocks of material than we possessed at the date of purchase from Messrs. Major, without adding anything for the good. will, which cost us about 70,000 taels. The bal- auce sheet before you proves that after writing amontting to Tls. 296,000 and liabilities of Tls. 39,000, leaving an actual balance of Tle 257,000, against Tls. 208,000 bought from Mesars. Major without the goodwill, which is, of course, still our property. So that there is a realisable sur- plusage of Tls. 49,000 in favour of the company without the cost of goodwill at all. I must ask you further to bear in mind that the values of your properties as dealt with in the above show- ing are merely the amounts from the company's books for cost and that such amounts are much below the actual value of the same properties on the market. I again therefore repeat that, ⠀ even taking the figures published in the balance sheet, the full paid-up capital of your company is more than intact. You will notice that under the heading of general charges there is an in- crease of Tis. 1,200. This has been chiefly
brought about by our having more
The plaintiff maintained that the time of bringing the suit was immaterial, for the defen dant, through his counsel, bad written a letter denying that he was in any way indebted on ac connt of these notes. The plaintiff also urged | travelling and living expenses of Mr. McCabe, down and revaluing our stocks we have, asenta that the infancy law of England did not apply ou account of Ordinance 14 of 1873, section 11.
After the examination of the witnesses, the defendant's counsel waived all other points and confined himself to an argument of the infancy clauses of the Ordinances here, and maintained they were not intended to conflict with the law at home, but were to grant, in certain cases, a privilege of procedure for minors, but not to exempt them from the operation of the law.
His Lordship reserved judgments
29th December.
A telegraphic despatch to the Mercury dated Chinkiang, 27th December, says:-M.. Com- is_ordship, in delivering judgment, said—' missioner Moorhead, the Generalissime of the Thres detences were set up in this case-first, Lower Yangtsze, arrived here at 9 o'clock last @theplea of infancy, secondly, want of considera-night. To-day he has been hard at work dis-
tion, and third, that there was no cause of action, at the date of issuing the writ, with regard to the sum of 8500, as the year for which it liad'
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tributing his newly aged European drill instructors at the different forts between here and Nanking and Kiang yin.
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