The-Hong-Kong-Weekly-Press-1895-12-19 — Page 12

468

Throughout the rest of the course the wind was moderate. The times at the flagship

were:-

H.

M.

8.

Arrow...

3

21

45

Stella..

3

23

30

Payne...

3

27

20

Meteor..

3

29

45

Ladybird

10

Princess

3

33

[HO

Petrel...

3

35

30

3

37

00

THE HONGKONG WEEKLY PRESS AND

11th December.

She After passing this mark the Stella regained the lead, which she retained to the finish. Times: at Cosmopolitan Dock buoy

Stella.....

Arrow

Payne

Meteor.

Ladybird

Princess

Times at the finish :-

Stella...

Arrow

Payne

Meteor Ladybird

Princess

H. M.

8.

4

1

15

4

4

45

+

7

30

+

9

50

18

H.

M.

8.

4

32

10

4

34

30

4

35

#2

37

37 41

. . )

10

4

Having worked out the handicaps the judges placed the boats in the following order :---

Stella... Payne Meteor

DISTRIBUITION OF PRIZES.

The prizes were distributed by Lady Fielding Clarke at the Victoria Recreation Club on Saturday afternoon.

SUPREME COURT.

19th December.

IN ORIGINAL JURISDICTION.

BEFORE SIR FIELDING CLARKE (CHIEF JUSTICE).

TRUNG TAK YEING 7. CHAN SHAC (Hit, h

NGAI FUK HING.

The plaintiff sued for a foreclosure order. Mr. H. E. Pollock (instructed by Mr Reecej appeared for the plaintiff, and said that the plaintiff was first mortgagee of certain pro- perty known as section C. Inland Lot 187, and he was bringing the action against the first defendant (a woman) as mortgagor and against

the second defendant as second mortgagee of the premises. In November. 1891. plaintiff advanced $1,800 upon the security of the pro- perty, which consisted of three houses- 12. Third Street, 15. High Street, and 16, Heung Shing Lane. She agreed to repay that suu. together with interest at the rate of 80 cents per $100 per month, but as a matter of fact the plaintiff had received none of the money, and the sum of $2,526.95 was now due.

In answer to his Lordship the first defendant admitted the debt and the mortgage. The second defendant also admitted advancing the first defendant $2,000 subject to the plain tiff's mortgage.

The plaintiff formerly proved his case. One of the documents which he produced had been altered after being registered at the Land Office and his Lordship said it was a very irregular way of doing things.

Mr. Pollock explained that the document was taken out of the Land Office and the court translator was asked to verify its correctness. Mr. Reece told him not to alter it if there were any mistakes in it.

:

His Lordship said it was absolutely certain that the document was as wrong as anything

could be. The alterations should have been made in a copy of the document and not in the original.

Mr. Pollock agreed that a mistake had been made in so effecting the alterations; the court translator was distinctly told not to make any altertions in the original.

HisaLordship granted the order asked for.

IN APPELLATE JURISDICTION.

BEFORE THE FULL COURT-SIR FIELDING CLARKE (CHIEF JUSTICE) AND MR. A. G. WISE (PUISNE JUDGE.)

CHING YUET TING, APPELLANT, C. THE WING CHUNG LEUNG, RESPONDENTS.

The appellant sought for leave to appeal from the judgment of the Paisue Judge delivered on the 4th inst.

[December 19, 1895.

peal should be given. The wages book, if genuine, may raise a doubt as to whether the defendant (the appellant) was really a partner in this firm (the Heung Chun Cha Shop), but the learned Judge tells me that he is perfectly satisfied that the defendant went to the plaintiffs' shop and held himself out as the master of the Heang Chun Cha Shop, and the Judge is also perfectly satisfied that the plaintiffs' shop gave him credit for the goods on the ground that he was the person they knew as the master. Well, if he was not the master perhaps I cannot quite see what his object might have been in representing him- to me that the wages book, although it raises a self to be so but on the other hand it appears

Mr. H. E. Pollock (instructed by Mr. Reece) appeared for the appellant, and said that the application was made ex parte under section 41 doubt, is certainly not conclusive upon the point as to whether he was a partner or not, because it of the Summary Jurisdiction Ordinance, 14 of 1873. The appellant was the defendant in the

may be, although he received wages and although his clothes were entered as being separately in- original suit, and the claim was one made by the respondents (who were the plaintiffs) for $260.61,received wages on account of his taking the sured as one of the employes, yet he may have being balance due for goods sold and delivered. active management of the shop and being one of Certain goods, consisting of ginger and onious, were ordered by the Heung Chan Cha Shop from

the partners as well. He may, in point of fact, have been a partner receiving profits and also re- the respondents, and there was a balance ofceiving wages in respect of his active services. 8260,61 due on the account. The people debited The learned Judge having come to the very in the account word the Heung Chan Cha Shops clear conclusion upon the question of fact about no individual was mentioned. Upon the hearing which there is a conflict of evidence, I am satis- of the case beford the Puisne Judge certain

fied that the case is not sufficiently strong to evidence was given on behalf of the plaintiffs to the effect that the lefendant had gone to their

warrant us in reopening the matter. shop (the Wing Chun Leung Shop) and

there is a conflict of evidence which is left to the stated that he was the master of the Heung whether it is a judge-it requires a case of very decision of a tribunal---whether it is a jury or Chan Cha Shop. The appellant's case, how- ever, was that he did not say he was the strong probability to warrant its being re- opened, as the danger of perjury upon rehearing master. and he did not hold himself liable to pay for the goods; he was simply act-

is perfectly obvious if there is a conflict of ing as accountant to the Houng Chan Cha Shop to appeal must be refused.

evidence. On this ground we think that leave

We do not decide- The Chief Justice-Yes, it is the usual ques-

it is not necessary for us to decide that this tion.

man is actually a partner; it may be there is a held himself out in this particular transaction doubt about that; but we do decide that he had

as being the master of the shop, and therefore he is personally liable.

The Puisne Judge concurred.

When

Mr. Pollock --Yes, it is a question that often arises in this court We submit that the learned Judge decided against the weight of evidence. and I propose to go through that evidence, as we consider tl at more credit and weight ought to have been given.to the defendant's evidence.

The Puisne Judge-It was practically ad- mitted that the question was not whether he | SEIZURE OF OPIUM ON A STEAMER was a partner, but whether he held himself out to be a partner.

Mr. Pollock-Yes, but it was for your Lord- ship to consider whether this man was in fact a partner in this shop.

The Puisue Judge- I did not consider myse called upon to decide that at all. I know why you want the decision altered.

Mr. Pollock- The question is a very impor tant ingredient in this case. Wo produced evidence that this mau was not a partner, and I think your Lordship will agree that that evi- dence was in no way relitted. It is extremely unlikely that, not being a partner, he would go to a shop and say “I am the master.

The Chief Justice- You say your evidence was in a way rebutted; but there is evidence that hu called himself a partner, and that is evidence as against his own. Then he produced a lot of shop coolies to say that the real master had gone to Canton and he tappellant) was only

the accountant.

Mr. Pollock-He did not produce a lot of shop coolies: he produced eue coolie and two other men.

The Chief Justice- I beg your pardon; I did not look through the evidence carefully. to the evidence only the appellant could have The Puisno Julge pointed out that according

ordered the goods.

Mr. Pollock then proceeded to read the evidence given in the case, and he called the appellant, who produced a wares book in which the wages

of the appellant and a coolie were entered, while insurance for clothing was effected not only for these two men but also for the master. who had gone to Penang.

The Chief Justice said the entry about the insurance was certainly a material point and as he would like to consider it with the Puisue

Judge the decision would he reserved until next

morning.

12th December.

The Chief Justice, in delivering judgment, said-We have carefully considered this case to- gether, Mr. Pollock, and we have come to the con- clusion that it is not a case in which leave to ap-

AT SAIGON.

As already reported, at Saigon a quantity of contraband opium was discovered on the steamer

Wo learn that one of the boys had en it in the Captain's own cupboard and he ran away when the discovery was made. The quantity found was 800 taels, and as the penalty is $40 per tael the ship became liable to a fine of $32,000, but on the owners making repre- sentations to the Customs authorities the amount was reduced to $12,000, which has been paid. This represents a heavy loss to the owners. Masters of vessels visiting Saigon cannot be too careful about searching their vessels before ar- riving.

The Customs often receive secret in- formation from Hongkong when any smuggling venture is on the way and sometimes know exactly where to look for the opium, the informants of course receiving a heavy reward. In the case of the Siam. however, the Customs had only partial information, because after the official search the Captain found much larger quantity, 1,590 faels, which he himself gave up to the Customs, and this influenced the Gov- ernment in reducing the fine in respect of the lot first discovered from $32,000 to $12,000. where it had been placed the previous night by The opium was found concealed in a spare cabin,

the steward, preparatory to taking it on shore. The vessel is owned in London, and representa- tions are being made to the Foreign Office on the subject of the treatment of the Siam by the

French authorities.

Wuhu is destined at all events to achieve

notoriety in a philatelic sense whatever may be the case commercially. We can only hope that its trade may increase pari passu with its stamps. A new issue of the latter has just reached us which must be taken, we presume, as an evidence of the briskness of the demand for the last issue. The new set consists of ten stamps, ranging in value from cent to 40 cents. The designs are different and superior to the original stamps, and will no doubt be eagerly sought after by collectors, though there are some philatelists who are not much disposed to accord a welcome to new issues.