Page
80.
September 23, 1897.]
was
|
very slovenly manner. For instance entries relating to the various businesses carried on by the plaintiff, viz: those of a sugar dealer, a money changer and a money lender, were all mixed up together and the entries were not made in order of date. Exhibit 1 also on the cover purports to be for the 29th year, but the entries inside are for the 21st year, and exhibit 2 is des- cribed as a foreign goods book, but the majority of the entries are for money lent, so that it is obvious that originally the books were in- tended for different purposes to those to which they were subsequently put. With reference to the stamps on the various promissory notes the plaintiff states he never got any of the stamps andthat all the documents were brought already stamped by the second defendant. It was, how- ever, proved that on January 29th, 1897, an application was made to the Stamp Office for stamps exactly agreeing with the stamps on the three promissory notes in dispute, and that such application purported to be made by one Cherg Tu Ting (the plaintiff's name). This is of course not conclusive evidence against the plaintiff, as anyone else might have used his name and in fact he suggests that the second defendant did The only other witness for the plaintiff who throws any light on the case is the plaintiff's son, who stated that in August, 1897, he went to the first defendant and demanded payment and that This is first defendant promised to pay. admitted by the first defendant so far as the interview is concerned, but the first defendant states that he then denied all liability. The defence was an absolute denial of all liability and an allegation that the three notes were forgeries. It was admitted, however, that there had been two transactions for $600 and $500 between the parties, in which the plaintiff was the lender, the second defendant the borrower, and the first defendant the guarantor, but that these sums and all interest on them had been paid off according to the defendants' story. The $600 loan
made in September, 1895, and
was paid off in March, 1896, and the first defendant stated that he received the promissory note and destroyed it. The $500 loan (exhibit 12) was said to have been made on Juve 2nd, 1896, and the first defendant accounts for the note being in his possession by the fact that he lent the second defendant $200 to pay off the $500 and so the note came into his hands.. He states that the note is in second defendant's writing and signed by him, and that he, the first defendat, signed as guarantor, and he denies that he ever had any other transactions with the plaintiff or that he ever signed the notes sued upon. This evidence is corroborated by the second de- fendant who states that he paid off the notes for $600 and $500 in March, 1896, and on January 29th, 1897, respectively. He denies all the other loans testified to by the plaintiff and states that the signatures on the documents sued on are not❘ his. He also denies that the letters of January 7th and 25th, 1897, were written at his instiga- tion. It will be remembered that in all the earlier promissory notes the first defendant is alleged to have signed as Chan Pak Shang, but that in the three in question he appears to have signed as Chan Yam, and the plaintiff explained, as I have stated above, why this was done. With reference to this character "Yam," however, the first defendant stated that he never used this character as written on the promissory note sued on, and he wrote down the character as he used it, which is a totally different one, and in support of this contention he produced his assessment return and his annual pass and a boud, in all of which his name appears and in which the character
"" **Yam
agrees with the character as written by him and not with the character on the promissory notes in question. It was suggested by Mr. Francis that the plaintiff fell into this mistake by the fact that when the register at the Land Office was inspected, the signature of Chan Yam was found to be written in English and so he had no clue as to what Chinese character the first defendant used himself, If that is so it goes far to prove the defendant's case. That is prac. tically the evidence on which I have to base my decision. It is clear that one party or the other is lying, and the difficulty of coming to a conclu- sion is enhanced by the fact that it is practically the plaintiff's evidence alone against that of the defendants' slone. It is of course for the plaintiff eo make out this case, and in an ordinary way his tvidence supported by a promissory note or notes
|
CHINA OVERLAND TRADE REPORT. and entries in his books, would be sufficient as against a simple denial. In this suit, however, there are a number of suspicious circumstances, which militate against the credit to be given to to the plaintiff's version. In the first place the books are very badly kept, and, although I have admitted them as evidence, yet the sup. port they gire to the plaintiff is of a somewhat slender description. So far as this case is con- cerned they can hardly be described as having been kept in the ordinary course of business (viz., that of money-lending) for the reason that I have given before. Again it is a curious thing that even, according to the plaintiff's evidence, interest on the various promissory notes was paid up on January 29th or 30th, 1897, but that on the three in question not one cent has been paid. With reference to the $500 promissory note (exhibit 12), I have already alluded to the plaintiff's denial of all knowledge of it and how that denial does not coincide with the suggested explanation put forward by his solicitor that he, the plaintiff, had not got $100 on June 2nd, 1896, though on June 9th, 1896, he did (as he alleges) lend the defendants $200. When it is also remembered that the plaintiff wrote two letters (before re- ferred to) demanding payment of a sum of $500, it cannot be denied that, in spite of his explanation of those letters, considerable doubt also is thrown
It is on his veracity.
circumstance (and very suspicious which, taken in conjunction with the other sus- picious circumstances in the case, must weigh against the defendant) that on January 29th, 1897, an application purporting to be made by him was made to the Stamp Office for an amount and description of stamp exactly cor- responding with those on the three promissory notes in question. In addition to the above peculiarities, however, there is the question of Yam which I have gone into the character before, and which to my mind is conclusive. Taking the evidence therefore, as a whole, I am clearly of opinion that the plaintiff has not made ont his case and there will be judgment for the defendants and costs in the three suits, only one set of costs being allowed for the hear- ing.
8
C
22
one
Mr. Reece asked for stay of execution pending an application for leave to appeal.
Mr. Francis did not object and his Lordship granted stay of execution for one week.
HONGKONG SANITARY BOARD.
237
to a minute by the Acting Director of Public Works respecting the penalty for an infringe- ment of the by-law, the Medical Officer of Health pointed out that section 83 of the Ordinance provided for a penalty not exceeding $50, and therefore it was not necessary to add a penal clause to the by-law.
The CAPTAIN SUPERINTEndent of POLICE seconded.
Carried.
PLAGUE IN BOMBAY,
The official return from Bombay showed that from the 3rd August to 18th August, inclusive, there were 4 cases of plague, 32 of them proving fatal.
MORTALITY STATISTICS.
For the week ended 4th September the death rate was 19.4 per 1,000 per annum, as against 18.4 for the corresponding week of last year. For the week ended 11th September the rate was 20.6, as compared with 17.8 for the corres. ponding week of last year.
RE-ORGANISATION of the Hong- KONG POLICE FORCE.
APPOINTMENT OF A DEPUTY ADJUTANT- GENERAL.
The Weekly Irish Times of August 14th, in a column devoted to the Royal Irish constabulary, contains the following paragraph :-District Inspector Howe has left Newport, Co. Mayo, having been granted twelve months' leave of absence to assist in the re-organization of the Police Force at Hongkong. He will have the rank of Deputy Adjutant-General with a very handsome stipend thrown in.
THE TYPHOON.
A dull threatening morning, a squally after- noon, and a rainy night sums up the weather on 17th Sept. It was thought that the typhoon would strike Hongkong, but sp- parently we had been feeling only the effects of its fag end. Of course householders took due precautions to protect themselves from the wind, while only one or two of the large vessels re- mained at their buoys in the harbour, the others seeking shelter in Kowloon Bay and behind Stonecutter's Island, the sampans obtaining refuge in Causeway Bay. Among the many vessels in Kowloon Bay were the homeward French mail steamer and the Australian mail, both of them having returned to Hongkong early A meeting of the Sanitary Board was held in the morning in consequence of the exceed. at the offices on the 16th Sept. Dr. Atkin-ingly rough weather outside. The Australian son (Principal Civil Medical Officer) presided, mail steamer Tsinan had a very bad experience and there were also present-Hon. F. H. May, of the weather. Her pumps broke down and the vessel is said to have been in a very bad way, (Captain Superintendent of Police), Hon. W. Chatham (Acting Director of Public Works), necessitating her return to Hongkong for repairs. At ten o'clock on the morning of the Dr. Clark (Medical Officer of Health), Mr. Ń.
17th Sept. the following notice was issued as an J. Ede, and Mr. H. McCallum (Secretary).
express from the Hongkong Observatory: --- 17th at 10.25 a.m. The typhoon is passing probably about 200 miles to the Southward of Hongkong. It appears to be moving in a Westerly direction. The barometer has risen in the Formosa Channel and at Bolinao and is A strong practically steady in Hongkong. N. E. gale blows at Gap Rock. Forecast:- Strong N. E. and E. gales off the coast in the neighbourhood of Hongkong, but it is doubtful whether the wind will reach the force of a strong gale in the harbour.” As a matter of fact the wind did reach the force of rather a strong gale in the harbour, and at 2.45 p.m. one round was fired, indicating that a heavy gale was expected. The sea was very rough and in a very short time the harbour was practically deserted. About four o'clock the Kowloon terry launches discontinued run- ning in consequence of the danger experienced in getting alongside the piers. The wind blew very heavily until about half-past eight, when it considerably abated and rain afterwards fell in torrents.
MINUTES.
The minutes of the last meeting were read and confirmed.
་
A NEW BY-LAW.
44
The MEDICAL OFFICER OF HEALTH moved that the following by-law, made under Ordin- ance 24 of 1887, be made by the Board By- law 18.-The keeper of a common lodging- house shall not permit his premises to be occupied, between the hours of 11 p.m. and 5 a.m., by a greater number of persons than that specified on the licence issued to him by the Registrar General." The Medical Officer of Health remarked that the advability of making such a by-law as this was pointed out to him by the Magistrate during proceedings recently taken to prevent overcrowding. The present method of procedure was undoubtedly a very cumbersome and round-about way of preventing overcrowding, and the Magistrate suggested that as each licence for a common lodging house specified the number of persons allowed in the house it was advisable to frame a by-law prohibiting houses to be occupied by a greater number than that specified on the licence. By. law 9 of the common lodging house by-laws was used for preventing overcrowding, and when he (the Medical Officer of Health) came to the colony he pointed out that there appeared to be some flaw in it in regaid to the taking of proceedings for overcrowding. He consulted with the Attorney-General, who agreed with him that it was not a suitable by-law, and the above by-law was therefore framed. In regard...
FT!
Very little damage was caused in Hongkong by Friday's gale, the warning of its approach having been given in ample time to allow of the small craft in the harbour obtaining shelter. A Inst boat was smashed against the Praya wall near the old market wharf, but beyond this there was practically no other
page in the harbour or on shore. The P. & 0. mail steamer Mirzapore came o port much earlier than was anticipated,
No comments yet.
Private notes are available after approval.