August 19, 1899.)
paid by the debtor himself. The value, which was merely nominal in 1893, has increased as land in Kowloon appreciated till the trustee under the adjudication was able last month to realize 82,400 by the sale.
In due course, that money should be applied to payment of the debtor's debts and the surplus (if any) returned to him. But the debtor desires to take advantage of the Statutes of Limitations, and if he could get the $2,400 the value of the
CHINA OVERLAND TRADE REPORT.
Mr. Robinson submitted that defendant did not have an opportunity to call witnesses, and that was a ground for the application.
The Acting Chief Justice-If he had said "I want to call witnesses" the Magistrate would. have adjourned the case.
Mr. Justice Wise said no Magistrate would grant a rehearing without a written affidavit. At least he never did.
Mr. Robinson said that the man being an
TYPHOON AT KOBE
MUCH DAMAGE. THE "ARGYLL" STRANDED
(SPECIAL TELEGRAM TO THE "DAILY PRESS.”]
SHANGHAI, 16th August A severe typhoon occurred at Kobe yesterday. The pier, bund, etc., have been much damaged. The steamer Argyll is stranded broadside on.
property which he would never have obtained | ignorant person did not have the opportunity She can probably be refloated.
at all but for the payment of Crown rent made by his creditor for years, the Statutes of Limitations would be invoked to prevent them from obtaining payment. To enable this iniquitous course to be taken I am asked to ennul the adjudication and hand the money to the debtor. In other words he would like now to escape paying debts morally and justly dus, and take the advantage of the trouble and expense others have been put to to nurse his property. My reply is that I decline to go behind the Receiving Order at the present time on this application. If that order is good, the adjudication was good, that order stands on the file of the proceedings un rescinded and unappealed from. I am asked to annul the adjudication because the re- ceiving order ought not to have been made. My answer is you should have appealed from the receiving order or asked for its rescission
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which he would have had if he had had a lawyer to ask for an adjournment. He called attention to the fact that although defendant was arrested on the 11th April-a rather strong proceeding for an assault-the assault was alleg. ed to have been committed on the 4th April.
The Acting Chief Justice-For a very good reason. He hurt the man so much that he could not appear. He was taken to the Hospital.
Mr. Robinson then proceeded to deal with the depositions. It appeared that the parties had gone to worship at the tombs beyond Tsa Tsui Mai and a dispute arose between them Complainant alleged that defendant struck him with a bamboo pole on the left knee and left arm. Subsequently defendant took one of complainant's witnesses to the Police Station at Tsa Tsui Mui, and Mr. Robinson contended that if his client had been guilty a complaint would have been lodged then. He submitted
The Chingwo and other steamers had narrow escapes.
HONGKONG AND THE DIAMOND
JUBILEE.
MEETING OF THE GENERAL COMMITTER,
THE HOSPITAL TO BE COMMENCED FORTH- WITH.
THE ROAD QUESTION-MR. CHAMBERLAIN
TO BE APPEALED TO.. On Tuesday afternoon a meeting of the Hong, kong Diamond Jubilee Committee was held in
Council Chamber at the Governments Offices for the purpose of considering the new hospital scheme and the
the
and not have stood by with what you allege to that the conduct of defendant was such that Hon. C. P. Chater, C.M, road question. Thos
be a fatal objection to it "in your pocket." as it were, intending when other proceedings had been taken based on the validity of that receiv. ing order and much expense had been incurred and the adjudication had been duly advertised, to come to the Court and produce your fatal objection to the receiving order. That was not the course taken in the case of in re Hester ex parte Hester, Law Reports, 22 Queen's Bench Division, p. 682. Without desiring to lay down any general rule, covering cases where such a flaw is discovered for the first time after the order for adjudication I decline in this case and on this application to go into the question of whether the receiving order was duly made by Sir John Carrington. That learned Judge was in the Colony for more that six months after that order was made and could have been applied to while all the circumstances were in his knowledge. I cannot satisfactorily know exactly what facts he had before him when he made that order. Accordingly I refuse the present application. The costs of the soli- eitor for the creditors and official trustee will be allowed out of the estate:
A
t
August 14th.
NGAI I APPELLANT V. CHEUNG SAN
RESPONDENT.
This was a motion for leave to appeal against the decision of the Police Magistrate, Mr. T. Sercombe Smith, on the 12th April, whereby de- fendant was convicted of assaulting complainant on the previous day, being sentenced to three months, hard labour and ordeed to pay a sum of $25 as compensation or in default & further term of one month.
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his story ought to be believed or at any rate so much credit should be given to it that com- plainant's story could be not safely accepted as true. Mr. Robinson argued that assuming defendant did assualt complainant it was only natural for him to do so in consequence of his having interfered with his family tomb, and held that a much less severe punishment than had been inflicted would meet the case.
The Acting Chief Justice observed that if there was a dispute about a tomb defendant had no right to take the law into his own hand and assault complainant. He considered the pun- ishment inflicted by the Magistrate to be a reasonable one, and therefore he could not see his way to granting a rehearing.
Mr. Justice Wise-I concur, and can only add I should be very sorry for the Magistrate who did not convict on such evidence as there is in this case.
CHANG KING APPELLANT V. TO CHEUNG
MAN RESPONDENT.
This was a notice of motion for leave to appeal to the full court against the decision of the Police Magistrate, Mr. T. Sercombe Smith, on the 27th June, whereby defendant was con- victed that he did with three other men board complainant's junk at A Chau Island on the 15th June and commit a robbery, defendant being sentenced to six months' imprisonment.
Mr. Robinson (instructed by Messrs. Mounsey and Brutton) appeared for appellant, but as respondent had not been served with a copy of the case, through respondent's whereabouts not being known, the case could not proceed.
An adjournment for a fortnight was granted.
IN SUMMARY JURISDICTION.
BEFORE MR. JUSTICE WISE (Puisne Judge.)
HOTZ S'JACOB AND CO. V. THE
FOO KUI CHEONG.
In this adjourned case the plaintiff firm sought to recover from defendants' firm $1,000 for breach of contract.
Mr. D'Almada (Messrs. Wilkinson and Grist) appeared for plaintiffs and Mr. Melbourne, bar-
Mr. Robinson (instructed by Mr. Holmes), who appeared for appellant, said this was an appeal upon the questions of fact, the grounds being that the decision of the Magistrate was not in accordance with the evidence and that insufficient opportunity was allowed defendant tecall evidence in his defence. Their lordships would see from the depositions that the case came on on the 12th April, though defendant was only arrested at five o'clock the previons evening, An ap-rister, for defendants. plication was made for a re-hearing, but the application was declined by the court, who allowed an appeal on the facts. He submitted on that that there was a certain hardship in the case. The time between the hour of arrest and His Lordship, however, held that there was the trial was so short that, on account of the nothing to show that any other colour was order remoteness of the place where the assault wased and gave judgment for plaintiff with costs. alleged to have been committed, defendant had not an opportunity of making a defence, and had no chance of calling witne ses from the people who came to the court out of curiosity to see the case.
Mr. Justics Wise-Do you argue that ori minals should have three or four days in which
gət up their defence
Mr. Melbourne, for the defence, contended that the thread of which his clients refused to accept delivery was not of the colour required and that it was of an inferior quality.
The British steamer Beynolds called at Singa- pore on the 6th August on her way from Euro- pe to Vladivostook. She carried a full cargo of cement intended for the new fortifications of Vladivostook. The cement, which is Russian, was shipped at Novorossisk, a port in the Black Ses.
occupied the chair, and there were also present Sir Thomas Jaok son, the Hon. T. H. Whitehead, the Hons E. R. Belilios, C. M.G., the Hon. Dr. Ho Kai, the Hon. Wei A Yuk. Messrs. H. A. Richie, D. R. Crawford, J. Thorburn, W. Danby, R. M Gray, A. J. Raymond, W. Chatham (Acting Honorary Secretary), Ho Tang, and Fung Wah Chung.
The CHAIRMAN said-It may be well that I should first of all briefly refer to what occurred at our last general committee meet- ing which was held on - the ~ 9th March, 1898. You will doubtless remember › that's we then met to consider a proposal which". had been advanced by the Principal Civil Medical Officer (Dr. Atkinson) to purchase and adapt "Craigieburn" at the Peak for the Victoria Hospital. After full consideration, that proposal was practically unanimously rejected by you (only 2 members, voting for it);s and a resolution in the following terms, pro.... posed by Sir Thomas Jackson, and seconded by: Dr. Ho Kai, was then unanimously passed "That it is desirable to errect the Women and Children's Hospital on the higher levels and: on a site not lower than the Robinson Road, and to abandon the idea of building on the present Civil Hospital site." To facilitate the conduct of business a small Executive Com mittee, which comprised seven members, i wan next appointed, and to it has fallen the task of endeavouring to give effect to the resolution I have just read to you. Almost immediately. after its appointment, the committee WIB- deprived of the services of Mr. Stewart Lookhart, who filled the important post of Honorary Secretary, and some time was lost before, a successor to take over his duties could be found. Mr. W. Chatham was, however, ultimately ap.. pointed. It was not until the 21st June last. that the committee held its first mesting, The first point to which the committee directed its attention was the selection of a site. Two properties were offered to the committee, namely, *Mount Richmond," situated on the Upper Richmond Road, and "Yalta, on Mount Kellett, the prices asked being $35,000, and. $30,000 respectively. Practically the sams objections applied in the case of these properties. as in the case of "Craigieburn, and the com mittee accordingly rejected, both offers. Thera were five possible sites suggested, viz., (1.) Above Barker Road. (2.) Below Barker Road.. (32 Immediately below Bowen Road, & short distance east of the tramway. (4) Bonham Road at its junction with Pok Road. (5.) At the junction of Robin Lower Richmond Roals. Each of the except No. 3, which was outside the the resolution, was visited by the the Executive Committea and demerits discussed and considered sistance of the Principal Civil Medic and the Director of Public Works two were rejected as unsuitable. therefore, lay between the site
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