88
27th July.
IN SUMMARY JURISDICTION.
BEFORE SIR JOHN CARRINGTON (CHIEF JUSTICE).
CHU WA V. LINSTEAD AND DAVIS.
Plaintiff sought to recover about $600, being balance due from a deposit of account
Mr. M. W. Slade (instructed by Mr. C. D. Wilkinson) appeared for the plaintiff, and Mr. Master for the defendants.
Mr. Slade said the claim was for $600 odd. He believed he was correct in saying that Messrs. Linstead and Davis were not defending the suit on their own behalf but on behalf-
Mr. Master said Mr. Slade must confine him. self to things he was going to prove. The de- fendants were bound to contest this suit because they had to pay the money to somebody or other and the question was whether they had to pay it to the plaintiff.
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Mr. Slade replied that he was very much ob- liged to Mr. Master for having concurred en- tirely in what had been said, What, he (Mr. Slade) said was that the defendants were defend-
ing the Euit on behalf of another Chinaman and Mr. Master had entirely confirmed that state- ment. It would be proved by statements made by Mr. Maitland, who represented Messis. Linstead and Davis, that they resisted this claim because they had been requested by Mr. Master to do so on behalf of Chu Kwan. Therefore the relations between Chu Wa and Chu Kwan would be the subject of investigation in the case. The question was whether Chu Wa or Chu Kwan was entitled to the money, and Mr. Maitland had chosen to contest the claim on
behalf of Chn Kwan. It had been pointed
out to Mr. Maitland that his proper course would be to pay the money into court and to interplead, but he had chosen to contest the claim on behalf of Chu Kwan. About May or June, 1895, plaintiff heard that Messrs. Linstead and Davis had certain Chinese houses to let. He employed Chu Kwan, who speaks English very well, to obtain a lease from Messrs. Linstead and Davis. Chu Kwan had been employed at the Magistracy for many years, but was discharged for malpractices. Terms were agreed upon and shortly before July 1st 1895, plaintiff attended at Messrs. Linstead and Davis's office and paid down a sum of money and finally Chu Kwan signed the lease on his behalf. As far as plaintiff knew the lease was drawn up in the name of Chu Kwan. How. ever, one undoubted fact was that Chu Wa signed the lease and deposited with Messrs. Linstead and Davis $1,000 as security for the due performance of the terms of the lease. The lease expired on the 30th June this year and it was the balance of that deposit that the plain- tiff was seeking to recover. Chu Wa banded the deposit note to Messrs, Linstead and Davis. They kept it until September last, when they pointed out to the plaintiff that the note was not transferable. Accordingly, the plaintiff took the note back to the Chartered Bank, concelled it, and obtained a new note in the name of Messrs. Linstead and Davis. There-
fore, counsel would prove one important ingredient in the case, that the money received by the defendants was plaintiff's money. It was this money that Chu Kwan claimed and it was on account of this claim that the defendants re- fused to the
pay
After the lease was money. signed plaintiff and Chu Kwan entered into an agreement of partnership by which Chu Kwan was to receive three-tenths and the plaintiff seven-tenths of the net profits.
His Lordship asked how the deposit money got reduced.
Mr. Slade said one month's rents, amounting to about $450, was to be deducted from the amonat, less nine months' interest received from the bank. Counsel added that Mr. Wil- kinson had advised Mr. Maitland to interplead, but the advice was not taken,
Mr. Master here interposed and said it seemed to him that counsel was going into the whole history of the transactions between Chu Wa and Chu Kwan. With those accounts Messrs. Linstead and Davis had nothing to do and it was not true that they were defending the case in the interests of Chu Kwan.
i..
THE HONGKONG WEEKLY PRESS AND
[July 29, 1897.
casions arise which seem to demand it, such as the outbreak of an epidemic like that recently experienced in Hongkong, to which occasions they understand that the Local Gov. frnment Board regulations only apply. Un- der normal conditions, however, the dislocation of trade and the heavy expense which a system- atic and really thorough inspection of all vessels would involve, render its maintenance undesir able if not impracticable.
F
fendants paid the money to Chu Wa would his Lordship make such an order as would prevent Chu Kwan bringing an action against them ? They entered into the lease with Chu Kwan, but they did not know whether there was any arrangement between Chu Wa and Chu Kwan. Linstead and Davis were in this position: they had received $1,000 from Chu Kwan and they entered into the lease with him, and they were under the obligation to Chu Kwan to answer for that money on the termination of the 3. Another important suggestion brought to lense and on the due fulfilment of the the notice of the General Committee is to the various engagements. Therefore, if the defend-effect that, owing to the steady increase of ton- ants paid the money to Chu Wa they would nage in this port, it is becoming necessary for lay themselves open to an action by Chu the Health Officer to give undivided attention to Kwan. His Lordship might direct an issue his shipping duties, and without casting any re- between the two Chinamen and the defendants flection on the present incumbent, it would be would abide by His Lordship's order. He desirable, when the post falls vacant, that the (Mr. Master) appeared simply for the protec- next occnpant should not engage in private tion of Messrs. Linstead and Davis and he did practice. It would meanwhile facilitate matters not care what was the order so long as they if. without additional charge to the Government, were not held liable in action brought by Chu | Dr. Jordan's assistant were appointed Deputy Kwan.
Health Officer with power to sign documents in his senior's absence on other business, or on ac- connt of sickness.—I have the honour to be, sir, your most obedient servant,
R. CHATTERTON WILCOX, Secretary. To Hon. J. H. Stewart Lockhart, Colonial
Secretary.
His Lordship thought the best course would be to make Chu Kwan a party in the action. While Mr. Slade was opening his casa it struck his Lordship that there might be soine difficulty in bringing in the evidence in re- Chu Kwan. ference to the agreement between Chu Wa and
Mr. Slade, in reply, said Mr. Master had positively asserted that he was defending the suit solely on behalf of Linstead and Davis. He (counsel) had in his hand a letter from Mr. Maitland to Mr. Wilkinson which put the matter in an entirely different light. The letter read I called yesterday to see yon about Chu Wa's case, I really do not see that it is any business of mine to take either side in this
case and I do not think that I can interfere with Mr. Master defending the case for Chu Kwan on our behalf." That was Mr. Maitland's own letter.
Mr. Master said until that moment he was not aware that such a letter had been written.
His Lordship pointed out that the letter put a somewhat different complexion on the matter, but he did not think it was a substantial diff r- ence. Did Mr. Master propose to set up the right of Chu Kwan to the money?
Mr. Muster said he had not the sligtertire what position either Chu Wa or Chu Kwan would take up.
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His Lordship asked Mr. Slade if he would join Chu Kwan as defendant.
Mr. Slade replied that he could not do that and his Lordship said the case must therefore proceed as it stood.
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The plaintiff was then.called and after hear- ing part of the evidence his Lordship decided that Chu Kwan must be added as one of the defendants. He therefore adjourned the fur- ther bearing until Tuesday next.
THE CHAMBER OF COMMERCE ON
THE MEDICAL INSPECTION :
OF SHIPS.
The Secretary of the Chamber of Commerce, Mr. R. C. Wilcox, forwards us the following copy of a letter (with enclosure), being reply to a letter from the Government asking the opinion of the Chamber on the proposal to institute a systematic medical inspection of all vessels arriving in Hongkong:
{Enclosure.)
Hongkong, 3rd July, 1897. Sir,-Having been asked by the General Com. mittee of the Chamber of Commerce to consider and express our joint opinion regarding the proposal of the Government to enforce medical inspection of all vessels entering the waters of the Colony, we now beg to submit our report.
The Chief object of the proposed inspection, we understand, is to prevent the importation of disease into the Colony, but we submit that Hongkong is so peculiarly situated geographic. ally that the effectual attainment of such object is utterly impracticable.
An imaginary line drawn across each end of the Harbour might provide for the inspection of a portion of the passengers arriving in the Colony, but order to be effective we are of opinion a regular cordon would be required rund the island and provision made for inspec tion at Stanley, Aberdeen, and the other places where it is possible for passengers to land, in additition to which some system would have to be devisedfor inspecting persons crossing the Kowloon border from Chinese into British territory.
The magnitude of the staff necessary for such an inspection and the consequent ex- pense to Colony will, we think, be apparent, but eren with such protective measures we are not satisfied that the object aimed at would be attained, for the reason that pas. sengers arriving from such adjacent points as Swatow, Canton, Macao, Kowloon, &c. might have plague and other disease germs in their systems not in a sufficiently advanced stage to be observed at time of examination, but liable to develop in our midst, perhaps within a day or two after being passed as healthy.
As regards the effect the proposed regula- tions would have on the trade of the Colony, we are of opinion that they will inevitably tend to divert from Hongkong the trade in pas- sengers to and from the Straits, Bangkok, Saigon, and the numerons points to which junks ply, and that vessels conveying pas- sengers from such ports to Swatow, Amoy, Canton, &o., which now call at Hongkong, would certainly find it to their advantage to proceed to those ports direct, to the serious detriment to the shipping and general trade of the Colony. We are, dear sir, yours faithfully,
J. H. LEWIS,
Hongkong General Chamber of Commerce. 19th July, 1897. Sir, In reply to your letter (No. 774) of the 14th May last announcing that the Local Gov- ernment Board had recommended a systematic medical inspection of all vessels entering the waters of the Colony, to which end it is proposed to have inspecting stations at each extremity of the barbour, with an adequate staff of medical officers to perform the work, and further stating that His Excellency the Governor would be glad to receive the opinion of the Chamber regarding the scheme, I am instructed to say :— 1.-My Committee, recognising the import- ance of the question, lost no time in referring the proposal to the consideration of a Commit- To R. Chatterton Wilcox, Esq., Secretary tee of shipping experts, a copy of whose report is now enclosed.
2. With the general conclusions set forth in that report my Committee are substantially in Mr. Slade-I'll prove every word I have said. | agreement; but they are prepared to admit the Mr. Master, continuing, said that if the de-desirability of medical inspection when oc-
Chamber of Commerce.
C. W. RICHARDS, E. S. WHEALLER, J. GOOSMANN, W. POATE, A. M. MARSHALL.
Daring a severe thunderstorm at Manila on the 15th July two Chinamen were killed by lightning.
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