August 2, 1902.]
CHINA OVERLAND TRADE REPORT.
Cross-examined-He had been twelve years | charges. The action came on for trial before
at sea and seven years on the China coast. The notice given on slips of other nationalities varied when no stipulation was made. He had not leen on English ships. On German ships it was five months.
Mr. Goldring proceeded to address the Court, arguing that plaintiff was only a supernume- rary and that it was the custom for officers and engineers, other than first fficers and first engineers, to be subject to only 24 h urs' notice on either side.
His Lordship said he desired to have the French Consul present in order to learn what the conditions of engagement were in this case.
An adjournment was accordingly n ade. On the Court resuming in the afternoon," M. R. Réau, the French Acting Cousu), stated in answer to questions by his Lordship that he had seen the articles ou French ships and that foreigners entered on the articles as NON- inscrits were not entitled to the benefits with regard to augmentation of pay and pension that belonged to French seamen andngineers.
Cross-examined Supposing a man were engaged in Hongkong and he were a Fren-h subject, be was entitled to the benefit of the articles. Were he non-inscrit, he would he bornd by the custom of the port.
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REVIEWS,
95
Siam in the XXth Century. By J. G. D.
CAMPBELL. London, Edward Arnold.
(Second Notice.) MR. CAMPBELL divides his book, after the in- graphy and commerce of Siam, the country's troductory section, into chapters upon the geo- past history, the Siamese character and civilisa- tion, manners and customs, government and ad- ministration, religion, and education. Chapters follow on the Chinese in Siam and upon inter- from which we have already quoted. Among national questions, leading up to the conclusion, descriptions of Siam which we have read Mr. Campbell's takes a high place and his studied fairness gires it a high value. The chapter "Siam in the Past" is brief and necessarily gives as much as the ordinary reader requires. summary, but, short of a history of Siam, it The section on the Siamese character and civilisation is hardly consolatory to well-wishers of Siam, though the author, as we have implied, is far removed from the bitter critics of Siam who have lately made themselves heard freely. The effect of Chinese and i urop an competi- tion, after the opening up of the country, promises little good, Mr. Campbell thinks, for the indolent natives. In trade certainly, and will continue in a condition of dependence on in politics and administration probably, Siam
foreigners. The dangers threatened from Chinese immigration are discussed in a special chapter. But Mr. Campbell, it is to be noted, is no believer in the "Yellow Peril," which some suppose to meuace the world. The inter- mixture of Chinese blood in Siam which arises from the Chinese immigrants marrying Siame e women is doing something to strengthen the weak and a athetic Siamese character, so that in some ways the Chinaman seems to be-bone- fitting Siam-as is only fair seeing how he draws money from the country. The chapter on manners and customs is decidedly more com- plimentary to the Siamese than its predecessor, and Mr. Campbell looks with a kindly eye on the ways of the people among whom he has The lover of quaint customs and ceremonies and the student of old-world beliefs,” he says.
are likely for many years to come to find much to attract them in this little visited corner of the world."
Mr. T. Sercombe Smith, Acting Puisne Judge, in the Summary Jurisdiction of the Supreme Court, on the 27th February, 1902, and af'er the plaintiffs had called their managing part- ner to prove their claim, Mr. Brutton for the defendants cross-examined the witness and elicited that the plaintiff firm was no longer carrying on business, the Luen Mow having ceased buying and selling since 15th October, 1902, although the firm was not dissolved and still kept up its sign-board for the purpose of collecting outstanding debts. Thereupon Mr. Brutton seems to have taken the objection that the plaintiffs could not sue in the firm name because section 483 of the Code only allows two or more persons claiming as co-partners to sue in the firm name if they were co-partners at the time of the accruing of the cause of action and were carrying on busi- ness within the jurisdiction, (as he seems to have submitted) at the time the writ was issued. No one in the Court below took the point urged by Mr. Slade to-day that it was sufficient if the firm was carrying on business within the jurisdiction at the time the cause of action accrued. The first question submitted for the opinion of this Court Ly the special case settled by the parties was as follows:-"Were the W. S. Bailey deposed that he was superin-laintiff firm carrying on business at the date tendent of Mr. Marty's ships and had been so
of the issue of the writ, within the meaning of for four years. He engaged the chief engineers, the Code of Civil Procedur ? We are of and the juniors were generally engaged by opinion that the firm was not carrying on msi- the chiefs. The mount of notice given on ness at the time the writ was i sued. Whatever the Marty steamers, so far as his knowledge may be the proper interpretation of section 43 went, was the same as on all other ships-24 it is obvious that the objection is technical, going hours. This, be thought, was universal. It to the form, and not to the real merits of the was a recognised thing, so much so that no action. If the plaintiffs had sued in the names trouble was taken to inform the men of it. of the individual partners instead of in the firm By bis L rdship-The chief engineers could name, no objection of the kind could have been be dismissed on 24 hours' notice.
raised, and this was why the plaintiff's solicitor Cross-examined-Any engineer on the river in the Court below, thereupon, asked to have the nd coast steamers could be dismissed on 24 wiit amended by substituting the names of the hours notice. He believed that the 24 ou s individual_partiers constituting the firm, for clause appeared on these ships' articles. He had the firm name. He contended that the Judge not seen the articles of the Marty stean ers and below had power to make this amendment under did not know whether four months' notice was either Section 55 or S ction 16 of the Code. arranged for on either side.
The Judge, however, held that he had no such power, and nonsuited the plaintiffs. In my opinion, Section 55 of the Code confers the necessary power. That Section enacts, inter alie, that where it is doubtful whether an action has been commenced is the name of the right plaintiff, the Court may, if satisfied that it has been so commenced through a bona fide mistake, and that it is necessary for the determination of the real matter in dispute to do so, order any other person to be substituted as plaintiff ou such feims as may be just." In this case, assuming that the action ought to have been commenced in the names of the individual partners as plaintiffs instead of in the name of the firm, it seems to me to be necesary for the determination of the real matter in dispute, riz, whether the balance claimed for tea supplied was due or not, to : ab- stitute the name of the partners for the ame of the firm. In the Construction of Ordinances, Words in the singular shall include the plural": Sco section 2 of Ordinance No. 24 of 1897. I am of opinion that the Judge below had, in this case, power to substitute for the firm the individual partners, and that such amendment could injure or prejudice no one and should have been mado. Some of the points submitted for the opinion of this Court wo find in favour of the defendants but as regards the main point, the power of amending, we find substantially in favour of the plantiff. I say "substantially b cause we are asked whether the plaintiff was entitled to have the writ amend d, and although I am not prepared to say he had a right to the amendment, I think the Judge, in his discretion, should in this case have allowed it. The justice of the case will be met by allowing the amendment The Chief Justice delivered judgment and letting the c se below continue at the 28 follows: The writ in this was point where it left off. This course the parties issued on 29th January, 1909, by the Lun Mow do not object to, I understand. As regards the firm, claiming against the Luen (heung costs of the appeal. each party must, taking into Tai firm the sum of $355.87, balance al consideration all the circumstances, bear his leged to be due from the defendant to the own costs. With regard to the costs of the plaintiff in respect of tea sold and delivered
case below these will be determined when its to them by the Luen Mow firm after giving result is known. credit for payments already received. The tea transactions took place in 1899. 19. 0 and early in 1901, and it is not disputed that the tea was delivered, but there is a dispute as to the
Mr. Goldring, in addressing the Court at the conclusion of the evidence, said that the (onsul's statement was clear that a stranger put on the articles of a French ship,signed by the Consul or the captain, as the case might be, was not entitled to the benefit of those regulations to which the plaintiff claimed to be entitled, and that a stranger who was non- inscrit was precluded from those benefits and was bound by the custom of the port.
His Lordship in delivering judgment said be must go against the defendant. He had asked Mr. Marty to produce blank forms of the articles and rules and this had not been done. He was perfectly certain that they must have such blank forms somewhere about,
Mr. Go dring rema) ked that he had tried to get them for himself and hid leen told that they were only obtainable from Haiphong.
His I ordship gave judgment for the plaintiff.
Wednesday, 30th July.
IN APP. LLATE JURISDICTION.
BI FORE THFIE HONGUIS W. MEIGH GOD- MAN (CHIEF JUSTICE) AND A. G. WISE (PUISNE JUDGE).
THE LUI N MOW V. THE LEUN CHEUNG TAI, This was an appeal from a decision of Mr. Justice Sercombe Smith, delivered in the Summary Court on 27th February last. Mr. M. W. Slade, barrister-at-law (instructed by Mr. J. S. Harsten, solicitor) appeared for the plaintiff, and Mr. E. H. Sharp, K.C., barrister- at-law (instructed by Mr. G. K. H. Brutton, solicitor) for the defendant.
caso
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The Puisne Judge concurred, and stated that be quite agreed that each party ought to bear his own costs of the appeal.
The Court adjourned.
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resided.
..
With rogard to the government of Siam, Mr. Campbell's opinion is that, were the con- trol of the European officials at present removed, nearly every Government office would relapse into the most hopeless confusion
Not an encouraging verdict this, but it is shared by practically every European writer on Siam. Lt has been stated recently that Siam does not intend to replace the various European advisers as they retire from service-so that we may possi- bly see the vindication of this view before long.
Mr. Campbell devotes two chapters to religion in.Siam, and very interesting chapters they are. He writes not uusympathetically of Buddhism, though he is evidently less attracted by its tenets than many others who have dealt with this great world-religion. We do not think, however, that h is just where he compares Buddhism and Christianity, the ' placidity, shallowness, and egoism of the former with the "fervour, depth, and intensity " of the other. But this is not the place for a dis- cussion of such a kind. Mr. Campbell at any rate sees less sham Buddhism thao sham Christianity in the world, and warns the missionaries in Siam that their greatest obstacle is to be found in their own nominal'y Christian fellow-countrymen. A heavy responsibility," he concludes his two chapters by saying, "lies on those who come to Siam for the purpose of filling their purses and furthering their own ends if they do not at least se before these people" the Siamese]"the exampl› of a clean and honourable life."
Another interesting cha, ter is that devoted to education in Siam. Mr. Campbell sees no signs of the Siamese becoming an intellectual people, though they are intellectually quick especially at the start. Hope, however, may perhaps be derived from the fact that the Siamese are at any rate not yet intellectually exhausted, for they have no literary past.
With the concluding chapter, on political questions, we need not deal further, as we have paid some attention to it already in our first notice of Siam in the XXth Century. We will
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