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THE HONGKONG WEEKLY PRESS AND
subsisting, and each partner is exercising his general point decided in the latter case that, rights and enjoying his own property, the in the case of a right of action in respect of an statute of limitations has, it is conceied, no intestate's estate, the operation of the statutes application at all; but as soon as a partnership of limitations is postponed until there is in is dissolved or there is any exclusion of one part-existence a representative of the estate, capable ner by the others, the case is very different, and of asserting the right. It merely affirmed that, the statute begins to run." Here there is in the particular circumstances of the case, the nothing before the Court to show that the lord of the manor, a person in existence and deceased was not exercising his rights and en. capable of asserting this right, could not by his joying his own property in the partnerships own act be allowed to defeat the operation of until his death, or to show that there was any the statutes on that right.
Two other observations to the same effect on dissolution of the partnerships or exclusion of him by the other partners before his death. this point may be made. One is that in See on this point the observations of Lord Monckton v. Payne the case of Murray v. The Chancellor Hatherley in Burdick v. Garrick, 5 East India Company was not referred to either Ch. App., at p. 241, and of Lord Colonsay in in the arguments or in the judgment. The Knox v. Gye, 5 Eng. & Ir. App., at p. 677. I other is that it is dot easy to see how a consider- do not think, therefore, that the statute beganed judgment of the Court of King's Bench to run during the lifetime of the deceased. can be regarded as having been impliedly over- ruled or affected by the decision of a Judge, however distinguished, sitting alone for the trial of causes,
Then it was said that by the operation of section 18 of the Probates Ordinance, 1897, by which it is enacted that From and after the decease of any person dying intestate and until administration is granted in respect of his estate, the estate of such deceased person shall be vest- ed in the Official Administrator," there was in existence a person, namely, the Official Admini- strator, who could, immediately on the death of the decessed, have sued for an account of his partnership dealings with the Appellants, and therefore the statute began to run from his death. It is to be observed, however, that this enactment was not in operation at the time of the death of the deceased, and the corresponding enactment of Ordinance No. 8 of 1860, namely, section 39, vested the personal estate and effects of intestates not in the Official Administrator but in the Registrar of the Supreme Court. No right to apply for and obtain letters of administration was con. ferred пров the Registrar, and it was clearly contemplated by the Ordinance that such right should devolve either upon the Official Admini- strator or upon a private person. Ou inquiry I learn that the practice under section 39 of the Ordinance of 1860 was for the Registar to take possession of the deceased intestate's pro. perty, and to hold it until the Official Admini. strator or some private person had taken out let. ters of administration. I am therefore of opinion that, upon the death of the deceased taking place, there was no person in existence in whom the right to institute a suit for a partnership account on behalf of bis estate was rested, and consequently that the statute did not begiu to run on his death.
manor
was en-
I am therefore of opinion that the case of Monckton v. Payne is not an authority for the decision of the present case.
Daring the argument and in the course of my reflection on the case, I have been a good deal impressed with the inconvenience attending upon the making of a claim, as in the preseut instance, after the lapse of so long of time as more than 18 years. But I can find no autho- rity for holding that the duty of taking out letters of administration at an earlier time was cast upon the Respondent or any one else, and the result of some of the cases to which reference has been made seems to be that a right which arises upon or after the death of a person in- teslate may be kept alive for an indefinite period by the fact that no one takes out letters of ad- ministration: See Darby and Bosanquet's Statutes of Limitations, p. 339. In Fairclaim v. Little. oited in Murray v. The East India Company ubi supra, at p. 211 the right of action arose in 1779, and letters of alministra tion were not taken out until 1816.
For these reasons I come to the conclusion that the learned Judge was right in holding that the case of Murray . The East India Company is decisive of the present case, aud that dismissed, with costs. the judgment should be affirmed and this appeal
The Puisne Judge concurred.
Mr. J. J. Francis (instructed by Mr. C. Ewens) appeared for the Appellants and Mr. H. E. Pollock (istracted by Messrs Dennis and Bowiey) for the Respondent.
HONGKONG GENERAL CHAMBER OF COMMERCE.
At the monthly meeting of the General Committee of the Hongkong General Chambor of Commerce, held at 3 pm. on Monday, the 12th March, 1990. Present: Messrs. R. M. Gray (chairman) A. McConachie (vice-chair- manį A. Haupt, H A. Ri'chie, N. A. Siebs, Herbert Smith, Hon. T H Whitehead and F. Henderson (acting secretary).
MINUTES,
The minutes of the previous meeting (hold on the 5th February) were read and confirmed.
The
In the last place it was said that the case of Monckton v. Payne, [1899] 2 Q.B. 603, was a clearf authority in favour of the Appellants; that it was no consistent with Murray . The East India Company; and that the Court must choose between the two cases Monckton V. Payne was tried by Lord Justice Smith, sit- ting as a Judge of the Queen's Bench Diri- sion without a jury. The facts in it were
The lord of a as follows. titled to an arbitrary fine ou the admittance of a tenant to copyhold. The fine was to be fixed by the lord himself, but was not to exceed two years' annual value of the copy hold. On the 5th April, 1892, the defendant
PIRACY IN CANTON WATERS. was admitted a copyhold teuant of the manor. In February, 1898, the lord assessed the fine
CHAIRMAN nid-Piracy in Cantou at the sum of $24, which was admitted to be a Waters has continued to affect seriously both reasonable amount; and on the 2nd September, the import and export trade. Our Govern- 1898, a demand for this amount was made on ment, beyond maintaining three small gunboats ou and about the West River, have so far ap- the defendant, The fiue not having been paid, an action was brought to recover it, the writparently not seen their way to take more active being issued on the 13th April, 1899. The Statute of Limitatious-3 and 4 Will 4, o. 42, s. 3 (1)—was relied on as a defence. On these facts the learned Judge said that the plaintiff's contention amounted to this, "that the plaintiff had power to postpone the operation of the statue as long så he chose, and that the period of limitation was not to begin to run in the tenant's favour until the lord had thought fit to make the assassment and demand, which he might postpone at his will for any length of time. But Lord Justice Smith refused to adopt this view, and held that in such a case as that the cause of action was the admittance, and the statute at once began to operate. Accordingly he gave judgment for the defendant.
This case of Monckton v. Payno is not really, in my opinion, in conflict with Murray v. The East India Company. It does not touch the
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measures in the matter, and the Chinese Au- thorities have hitherto proved quite unable to cope with the situation. I understand how ever that the new Viceroy of the two Kwangs is expected to take immediate steps to remedy this evil, and it is to be hoped that before we meet again some decided improvement may have taven place.
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[March 17, 1900.
Chamber of Commerce approach Her Imperial Majesty's Government through the Associated Chambers of Commerce in England with a view to securing that the proposed new tariff for China should be submitted before acceptance to the Chambers of Commerce at Hongkong and Shanghai.
Read letter to Sir Claude Macdonald, dated 22nd February, on this subject, eaquiring whe- ther the rumour was true that the consideration of a new tariff was being pushed on rapidly, and expressing a hope that those most interested in the revision would have the opportunity of giving their opinion before aug arrangement is come to with the Peking Government. A copy of this letter has been forwarded to the Colonial Secretary for the information of H.E. the Governor.
FOURTH CONGRESS OF CHAMBERS OF
COMMERCE OF THE EMPIRE.
Read letter, dated 16th February, to the Secretary of the London Chamber of Commerce, submitting the three resolutions agreed upon, and stating that in the event of their acceptance by the organising co.amittee of the congress it had been arranged that Sir Thomas Jackson will propose the first dealing with the naviga tion by foreign steamers of the Inland waters of China, and the Hon. T. H Whitehead will propose the second and third on the subjects of the reduction of Cable Rates and fresh Marine Surveys in Eastern Seas.
THE PREVALENUE OF COUNTER- FEIT COIN.
THE POLICE MAKE A HAUL,
Bad money is very prevalent in the Colony, and it is satisfactory to learn that the police are fully alive to this fact and leave no stone anturned to find out who are distributing it.
At the Magistracy on the 9th inst. Pang Man Sang was charged with being in possession of counterfeit coiu. Mr. Mounsey (lessrs. Moun. sey and Brutton) defeuded.
Chief detective Inspector Hanson said that at 5 p.m. on the 2nd instant, by virtue of the warrant produced, he entered the first floor of house No. 26, in Lee Yuen Street East. He there found the box pro-inced standing against the wall. The back of the bor was loose. In the box he found the bag produced, containing $27.40 in 20-cent pieces, Kwangtung coin. In a drawer in the box he found eight ten-cent pieces. Queen's coin. and in a trunk nader the bed he found the purse produced, containing eight 10-cent pieces, Queen's coin, and 25-ton cent and five 20 cent pieces, Kwangtung coin. All the coins were bad. While he was searching be heard a man bolt downstairs. He told the Chi- nese detective who was with him to follow and the man was brought back. The man said the box and the trunk were his. On his person be found two 10-cout pieces-one good and the other bad. The defendant said he had brought the coins from Fatahan but not to pass. He took the defendant to the Police Station, where he was charged. He was cautioned and made a statement.
Central Police Station, said that when brought Wong Kwai Yan, sergeant interpreter at the
into the charge room the defendaut, after haring been duly cautioned, made the state- ment produced.
The Chinese detective who arrested the de- fendant also gave evidence.
The Shroff at the Central Police Station
said that he had examined the coins carefully, and was quite sure they were all bad but one.
In reply to Mr. Mounsey, witness said the test he applied to the coins was the workman. ship and the colour and the sound. This was the first time he had seen these coius. The coins he had looked at were made of copper washed with silver, and the workmanship was more rough than that of gennine coins.
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The defendant was committed for trial. Bail 8500) was allowed.
The question was discussed at some length with a unanimous opinion that active measures of some description were imperative, but it was decided that the Chamber should not move again in the matter until time was given to see the effect of the expected action of the Viceroy.month, in the shape of two calesin races, which
TARIFF REVISION IN CHINA.
Read letter from Mr. W. F. Wenyon, dated 14th February, 1900, referring to the rapid progress now being made with the tariff revi-ion in China and suggesting that the Hongkong'
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The managers of the Manila Country Club introduced an innovation at their race meet last
aroused great interest.
There are a number of fns harness ponies in Manila," sayı a local paper, "and perhaps we shall yet see the Ameri- can bicycle-wheeled sulky and up-to-date harness meets here.”
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