$10
(December 23, 1879.
SANI - AKY BOARD ELKOTION.
The election of two members of the Sanitary Board by the ratepayers took place at the City Hall on Tuesday: Mr. A. Beth, Registrar. of the Supreme Court, acted as Returning Offoor and presided over the proceedings. The day being a Regatta holiday, and 16/1 contest was anticipated, and as, farthermore, the fact that the elections to take place does not seem to have been widelý taken note of, there was but a small attendance at four o'clock, the hour fired for the nominations. Those present numbered about äfteen. Hartigan and Mr. James McKie were nominated by the Hon. T. H. Whitebead and seconded by the Hon. C. P. Chater, and these gentlemen were the only candidates. No speeches were made in support of the candidates.
Di.
THE HONGKong WEEKLY PRESS AND
was alleged in the indictment that these within six years from the time at which the unless I am prepared to ignore the decision of four men being armed, or some of them being statute first begins to run. If any authority that great lawyer Chief: Justice Abbet, I must drmed, * with revolvers and swords, made an is required for that proposition it is to be found hold that in this case th Statute of Limitations assault upon certain people and stole their pro- in the case of Knox v. Gye, decided by the began to run only fr m the time of the grant party. If the jury were satisfied that these House of Lords in 1872, and reported in Law of administration to the plaintiff. I cannot men acted in concert in this matter, then pri- Reports 5 English and Irish Appeal Cases, p. ignore that decision, an i I decide accordingly soner would be guilty of an offence under this 656. Where an executor is appointed by the that the plaintiff's claim is not barred by the sections and of the offence under which they will of the 'eceased, the punctum temporis
Statute of Limitations. The issue being de sfood charged in the indictment. Some of the from which the statutory period of six years|cided in the plaintiff's favour, he is entitled to 'complaids its were employees and some em- begins to run is the date at which the partner- costs. ployees and part owners of a junk called s Kinship estate came to be vested in the surviving Li junk, apparently of some 100 to 200 piouls partners. At any time during the currency of Capacity. This junk bad been in the habit that period the executor of the deceased partner of going from Hung Hom to a place named my bring a suit demanding from the surviving Pinghoi, On the early morning of Saturday, partner an account of the partnership con- November 25th, somewhere about daylight, cerns, but after the statutory period has elapsed five men started off on board this junk from no such suit can be maintained. It must be flunghom to Pinghoi. It appeard that they borne is mind that the right of an executor 'stopped near Lyeemoon Pass for a short time and to sue vests in him by virtue of the will and took in some sand as ballast. There was prac- he may commence an action even before he has tically no wind at the time and they rowed taken out probate. Where, however, the do- along the Lyeemoon Pass. They got safely ceased dies intestate, there is no personal re- 'past the village of Fa Tau Chan, where there presentative who can Bue notil Letters of was recently a customs station, and were going Administration are taken out, and, in such past Slope Island, when they noticed a boat
case, I apprehend the punctum temporis from Towing towards them. There were five men in which the statutory period begins to run is the the boat and these men called out to the people date of the grant of administration. For on board the junk to stop. Then two of instance, if an administrator sued upon a life 'the people in the boat who had revolvers fired, policy effected by the deceased intestate, the 'and the steersman of the junk was hit statute would run from the grant of ad- in the thigh. The man who fired this ministration and not from the date of the shot had been identified as the fourth pri- death. The reason assigued for this prin 'soner. The men in the boat then got on board | ciple is that the cause of action referred to the junk and stole certain property, with which in the Limitation Act in question, 21 James ist, they went away in their boat. The actual robbery cap 16, cannot exist unless there be al-o in took place apparently somewhere about nine existence a persou capable of suing. This pro. "o'clock in the morning. The people on board position was clearly laid down in A.D. 1821 in the junk went back and reported the matter to Murray (Administrator) v. The East India the police at Shaukiwan. The following day Company, 5 Baruwall and Alderson's Reports, the police arrested first, second, and third pri- p 204. where the plaintiff succeeded on this soners to the south of Lamma Island, fourth sry gronud. Chief Justice Abbot saying "prisoner being arrested the following day. Now, independently of anthority, we think Some of the stolen property was found in their that it cannot be said that a cause of action possession, and prisoners had been identified by exists. unless there be also a person in existence the junk people.
capable of suing." In that case the action was brought within six years after the grant of administration but more than six years after the claim first arose. Such being he law with regard to the Statute of Limitatious. it may be well to look at the facts and dates in the present case as shown in the petition. It appears that Ho I Shek died intestate on or abont 19th June, 1880, The Letters of Administration under which the plaintiff Fues were not granted till about 21st June, 1897, that is to say seventeen years after the death of Ho I Shek, and this suit was not commenced a til 13th Jaunary, 1899, that is to say more than eighteen years after such death. of course, if the statute did uot begin to ruu till the grant of administration to the plai tiff, bis claim is not barred, for he began his suit within less than two years from being appointed a-1- ministrator. Between the death of Ho I Shek
Yesterday prisoners were found guilty, and the first three were sentenced to seven years and 20 strokes with the birch, and the fourth
ten years.
IN ORIGINAL JURISDICTION.
BEFORE THE ACTING CHIFF JUSTICE (THE HON. W. Meigh GooJIMAN).
· HO FUNG WANG V, CHAN KIT SHAN AND
ANOTHER--JUDGMENT.
Buit No. 8 of 1899-Between Hd Fung Wang. Administrator of the estate and effects of Ho I Shek (deceased) plaintiff, and Chan Kit Shan and Sa Kak San, defendants. Hon. H. E. Pollock (instructed by Mr. F. BL. Bowley) represented the plaintiff, Mr. J. Francis, Q.C:(Instructed by Mr. C. Ewens) represented the defendants.
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and the grant of administration to the plaintiff, however, it seems that a forged will purport His Lordship delivered the following judging to be that of the deceased was produced.
-ment-
and that one Ho Chik Fan, the executor named therein, obtained probate in November 1886. That date was more than six years, after the death of Ho I Shek. In any case Ho Chik Fan in no way interfered with the shares of the deceased in the opium firm. and ten years after the probate had been obtained, namely, on or about 17th November, 1896, the alleged Will was declared null and void. by this Court. in Suit No. 48 of 1896, ou the ground that it was a forgery, and the probate was thereupon revoked. It may bere be noticed that if the will had been a genuine one the executor's claim would have been ba red by the stafute after the lapse of six years from the death of the testator. As, however, the will was a forgery it is olear that, at all events auțil proba:e was granted. there was no one in existence capable of suing, and as probate
Before the nomination the Hon. T. H. WHITEHEAD said-I think it ‘extremely unfor. tubate we should find ourselves in the position wa are now in. In the course of this morning I asked my friends, sight or ten of them, what course they were going to take in connection with these proceedings. I found they were quite unaware election was going to take place,
een more
It was not known to one of them, and I think it extremely unfortunate the event was not more widely made public and that the ratepayers should not have perfectly acquainted with the fact that the election was to take place this afternoon. Whe- ther it would not be desirable to ‘adjourn 'until the middle of January and not hold the election on a holiday, or semi-holiday, like this, is for the meeting to decide. I think it might be better if the election were postponed and the ratepayers made acquainted with the fact when the election is to take place.
Mr. SETH said the election had 'been duly notified in the Gazette and had been referred to in the newspapers. Only yesterday there was a paragraph in the papers with reference to the extension of the time for voting, seven o'clock having been fixed as the hour for closing the poll fustead of sir, which was on account of tho Regatta. As to the dute, it was fixed long before the Regatta was announced. The atten- dance was sufficient to proceed with the eleo. tion.
The proceedings accordingly went on.
It was suggested that as there was no contest, the same as that of the seats to be filled, the the number of gentlemen nominated being election should take place by show of hands..
Mr. SETH decided, however, that the voting should take place by ballot, in the usual form, and that the ballot must remain open until seven o'clock.
When the hour named arrived Dr. Hartigan and Mr. McKie were declared duly elected.
Of the 700 and odd persons entitled to vote 19 only put in an appearance. Dr. Hartigan secured 18 votes and Mr. McKie 16. There were three plumpers for Dr. Hartigan and one for Mr. Mokie. There were 15 split votes.
Mr. A. Seth noted as presiding officer, Maears. Bruce Shepherd and A. Chapman were soru- tineers, aud Mr. d'Almada Castro F Hawell, A. Brown, and V. A. Sales assisted in the dia- tribution of the voting papers.
The plaintiff in ths suit saes as Administra- tor of Ho I Shek, decensed. The petition alleges that, at the time of his death, Hb 1 Shek was entitled to certain shares in two opium firms. -and the plaintiff claims against the defendants as partners in such firms an account of the partnership dealings affecting such shares and that it may be ascertained of whit such shares and the unpaid profits thereon now o susist, and he asks that payment should be made to him of what might appear due in respect thereof to the estate of the deceased. One of the answers of the de- fendants to this claim is, that even if there "were otherwise good grounds for such claim, which they dony, it is barred by the Statute of Limitations. It was desired by the parties to "determin- this question first; and, accordingly, the following issue law was settled, vis. .— “Assuming that all the facts stated in the peti not grauted till more than six years tion are true, is or is not the plaintiff's claim after the death. whatever the rights of the herein barred by the Statute of Limitations." executor under the forged will may have been Now, in the ordinary course of thing, when before the probate was revoked, it seems clear Ohe partner dies, the partnership property vesta that any claim he made under the probate in the surviving partners. The representative would have been barred by the statute; for be
The Jelebu Mining and Trading Company of the deceased partner, however, has a right to could only have sued npou the bypothesis that seat to the Straits Times of the 18th Decembar account and to receive that portion of the the will was genuine. It follows, that the the following telegram received from Jelabu :-00 dload balance which accrues to the deceased's temporary existence of the executor under the The crushing plant worked as follows: Wed. shire and interest in the partnership. The improperly obtained probate was not the exist-nesday, 4 hours; Thursday, 10; Friday, 10; tatute of Limitations applies, and the repre-ence of a person capable of saing, at all events, Saturday, 12; the great quantity of rain falling sentative of the deceased must bring his claim" effectively. I am, therefore, of opinion that, is assisting us; the result is very satisfaatorya:
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In future the German mail steamérs for Europe,will always leave on alternate Wednes- days at noon. If the English mail could be arranged also to leave on Wednesdays, we would again be placed in possession of a weekly mail, instead of the present irregular and inconveni. ent arrangement.
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