July 4, 1895, Į
26th June.
IN SUMMARY JURISDICTION.
BEFORE HIS Honour Mr. T, SERCOMBE- SMITH (ACTING PUIŠNE JUDGE).. Tune Loong v. REUTER, Brockelmann & Co. An action was brought by Tung Loong against Reater, Brockelmann and Co, to recover $560.41, prey paid by plaintiff to defendants in respect 100 cases of matches; in the alternative plain. Folaimed delivery of the cases. Mr. H. L. Dennys appeared for the plaintiff, and Mr. Hastings (from Mr. Deacon's office)
epresented the defendants.
Mr. Dennys said that on 21st August, 1894, plaintiff, through a broker, gave an order to the defendants for 100 cases of matches at $15.50 a case, and on 28th August he gave an order for an additional 500 oases. The plaintiff had paid to the defendants $9,592.62 for the whole of the 600 cases, but he had received only 564 cases. which were made up as follows-81 cases out of the 100 at $15.50, and 483 cases at $16.25. The value of the 561 cases, allowing for discount and other calculations, was $9,037.21, which amount, when deducted from $9,597.62, left the sam claimed as due to the plaintiff.
Plaintin was giving his evidence, when Mr. Hastings interposed, and said the point of issue was this that in addition to the two contracts relating to 600 cases, the plaintiff entered into another contract for the purchase of an additional 100 cases.
This contract he entered into in the name of Wah King. The defendants sold the matches to the plaintiff, and it was of course no concern of theirs what name he gave. Of the 100 cases, in respect of which the dispute was, the plaintiff had taken delivery of 59. The remaining 41, which were undelivered, were sold by suction, and the proceeds, $245.50. were charged to the plaintiff. Of the 500 canen 95 were still in defendants' godowns, and the plaintiff could have them whenever he liked. The defendants farther stated that they had in their hands $738.90 belonging to plaintiff, and the amount was made up as follows:-The plaintiff deposited $500 with defendants as se- curity, and against this they charged plaintiff $245.50, loss on the first contract. The 95 cases which he had not taken were worth $1,543.75) and therefore if the defendants credited plaintiff with $493.40, the amount left after deducting the loss on the first contract from money in hand, there was a balance of $1,050.35 for plain- tiff to pay on delivery of the 95 cases, which were | still in the godowns, and which would be de livered on payment of the amount.
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CHINA OVERLAND TRADE REPORT.
of an appeal, decided to re-open the case and call upon the defence.||
Mr. Dennys again appeared for the prosecu. tion, and Mr. Ellis for the defence.
The Magistrate at once called upon Mr. Ellis for his defence,
INCENDIARISM EXTRAORDINARY AT YAUMATI.
A DEADLY ACT OF REVENGE.
The police are investigating a remarkable Mr. Ellis said the section under which the tin, near Yaumati. Shortly after midnight of
case of incendiarism in the village of Ho-man? defendant was charged was 33 of Ordinance 21 Monday morning a fire broke out on the rou of 1891, which stated that an amount of 50 taels and also in the basement of a matshed, and of opiam found on board a ship of 60 tons bur large number of villagers turned out and worked den and upwards shall be evidence of the unlaw- with such a will that both fires were put out ful use of any such ship. He admitted both these before very much damage had been done. Police facts, but there was a proviso" unless it be Sergeant Witchell was amongst those attracted proved to the satisfaction of the Magistrate that to the fire, and he investigated its origin, and every reasonable precaution had been taken to made some extraordinary discoveries. It seems prevent the unlawful use of any such ship, and that some time ago the woman who, with her that none of the officers, or servants, or any of daughter, lives in the matshed became ena- the crew of such ship were implicated therein." There was nothing in the Ordinance which said and woman decided to live together. The moured of one of her neighbours, and the man of what a “reasonable precaution" is to consist, warmth of the attachment did not last and therefore it was left to the persons concerned long, for another eligible gentleman pat to use their own judgment of what was a reason in an appearance, and able precaution. He submitted that every discarded and the more recent arrival took the first lover was reasonable precaution had been taken on the his place. Wooer No. 1 became very jealous, ship to prevent opium being illegally conveyed. and he decided upon a very In very cabin in the ship a printed notice in It is said that in his scheme he was assisted by terrible revenge. Chinese had been posted up warning passengers several friends, and it consisted of burning the against bringing opium into the colony. In three occupants of the shed in their beds. He addition notices had been placed at the entrance obtained two two-gallon tins full of kerosine, tothe 'tween decks and in the hatches. Altogether some gunpowder, a slow match, and a fuse. One there were between sixty and seventy notices tin. with powder surrounding it, and the match, posted in various parts of the ship. The was placed on the roof; the other, in a similar passengers were also warned by the com. pradore in case any of them could not shed. Just after twelve o'clock the fuse and match manner, but with the fuse, was placed in the read the notice. Unless it were to search all set fire to the powder, but fortunately the oc- the boxes and luggage of every passenger,cupants knew of the fire before it had got any- counsel submitted that his clients could not pos- thing like a good hold of the premises, and they sibly take further precautions than they had. Such at once raised an alarm. One of the helpers a course as searching the luggage, however, would courageously picked up the tin of kerosine which far exceed a "reasonable precaution." Moreover, there was the serious doubt whether any of the officers had power to search the passengers luggage.
Evidence in support of this statement was given, and the compradore said that he always informed the passengers, before the harbour was reached, that it was necessary for them to throw overboard any opium they had in their posses sion.
The Magistrate again dismissed the summons. Mr. Ellis asked that the prosecution be punished for bringing a vexatious charge against the defendant.
The application was disallowed.
We understand that the decision will be appealed against.
was on the roof, and hurled it to the floor. He that he had to be taken to the Government Was so seriously burnt about the head and body
dition. The other tin was removed before its Civil Hospital, where he lies in a critical con contents had ignited. The man who is supposed to have originated this ghastly deed was arrested, before Hon, H. E. Wodehouse at the Police The two were taken
Court on Monday and remanded.
as also was another man.
GREEN ISLAND CEMENT CO., LIMITED.
An ext.aordinary meeting of shareholders in the Green Island Cement Co., Limited, was hold on the 29th June. at Mesars. Shewan and Co.'s offices, Praya Central. Mr. R. Shewan presided,
Mr. Dennys said, the plaintiff denied entering | THE REIGN OF THE RIFLE ROUGH. and there was also present Messrs J. Orange,
into a contract for the supply of the second 100 cases. He had nothing to do with Wah King, which was an altogether different firm from his. Plaintiff ordered 600 cases only,
Witnesses on both sides were called, but the case was not poncluded when the Court rose; and the hearing will be resumed on Monday.
2nd July.
of the case in which Tung Loong_sues Messrs. A further adjournment until Friday was made Reuter, Brockelmanu and Co, for $560,41, money paid by plaintiff to defendants in respect of 100 esses of matches,
TIONS?
INTERESTING OPIUM CASE.
ASSAULTING A PATROL BERGEANT.
Lee Sing, Poon Pong (directors), C.-H. Grace, R. K. Leigh, G. M. Bain, and F. J. V. Jorge (Secretary).
The SECRETARY read the notice calling the meeting.
Four privates in the Rifle Brigade, named John D. W. Brawas, were charged at the Police Court Raynold, H. W. Denton, George Ward, and
The CHAIRMAN said-Gentlemen, this is on Monday, before the Hon. H. E: Wodehouse, simply a formal meeting called for the purpose with fighting aud creating a disturbance in of acquiring the power to reduce our capital in Cochrane Street, at midnight on Saturday. The prisoners, with other soldiers, were fighting any manner permitted by law, and at such times Street and a Chinese constable endeavoured to large portion of our capital is apparent to and and creating a great disturbance in Cochrane as we may think best. I believe I am quite safe in saying that the necessity for writing off a separate them. They would not desist, and admitted by all shareholders in the Company, George Young, sergeant in the Rifle Brigade, and your Directors and Managers have for some who was on patrol duty, then endeavoured to time past been considering the best and quickest bring about peace but he was set upon and
way of doing this, and at the same time of raising what are REASONABLE PRECAU. attacked by the first, third, and fourth prisoners. additional funds for working capital, the Com
They were all drunk, and when assistance arrived they were locked up. Captain Stewart, any as you know being at present entirely of the Rifle Bigade, asked for those prisoners for the money required for its business.
dependent upon loans from the General Managers No who attacked the patrol sergeant to be handed scheme of reorganisation has yet been definitely over to the military authorities, as that was a decided upon, but we hope before long to be safe very serious offence. Raynold, Ward, and to submit a suitable one to you; and in the wo custody of the military guard, and Benton was steps can be taken to reduce our capital we must Brawas were thereupon ordered into the
while we are not losing any time, as before any discharged.
first have the power, which we have not at pre- sent by our Articles of Association. To obtain We (Times of Ceylon) stated a few days ago such power we have called you together to-day that two consignments of human hair, one from for that purpose and I now beg to move the Calcutta and the other from Hongkong, had following resolution"'l hat the words 'and been detained at the Customs pending inspection the Company may at any time by special resolu- and report by the Sanitary officer. We now learn tion reduce its capital in any manner permitted that the Sanitary offoer has declined to pass by law be added at the end of Article No. 19 them, in view of the recent prevalence of small. of the Articles of Association of this Company.” pox in Calontts, and of the existence of other Mr. LEIGH seconded. infectious disease in Hongkong. The importers have been informed of the embargo laid upon their consignments by the Sanitary officer, and it remains to be seen what is to be done with the
At the Police Court on Monday, before Hon. I. E. Wodehouse, the case was re-opened in which Captain Lunt, of the steamer Fushun, was summoned for allowing his ship to be used to convey prepared opium, in excess of 50 taels, without taking reasonable precautions to pre- vent it.
When the case was before the Court on the last occasion, it was proved that two passengers were arrested on board the Fushun with 82 taels of prepared opium and 9 taels of crude opium in their possession, but the summons was dis- missed by the Magistrate, who did not call upon the defendant for any defence, on the ground that the evidence for the prosecution was insufficient. Mr. Dennys, who appeared for the prosecution, at a later stage gave notice of appost because the defence was not called upon, and the Magistrate, in order that the de- fondant should not be saddled with the trouble l'importation.
Carried.
The CHAIRMAN-The resolution just passed will require to be confirmed at a subsequent meeting to be held after fourteen days from now, and due notice of same will be given to you by
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