Jannary 3, 1903.j
should be otir policy to continue to build up this fund; so that Wo may be in a strong position to meet any emergency that may arise. Before moving the a loption of the report and accounts I shall be pleased to answer any ques- tions.
"There being no questions,
The CHAIRMAN formally moved the adoption of the report and acconots.
Mr. MURRAY BAIN-I have much pleasure in second.ng the adoption of the report and the passing of the accounts, and in so doing I should say that the shareholders, I think, may congratulate themselves upon the continued good management of the Company.
The motion was agreed to.
The CHAIRMAN moved the re-election of Mr. C. Ewens, Hon. C. W. Dickson, and Mr. J. Crange to the Consulting Committee.
Mr. MANCELL seconded, and the motion was agreed to.
Mr. EWENS moved that Messrs Fullerton Hondersen and W. H. Potts be re-elected auditors for the ensuing year.
Mr. TARRANT seconded, and the motion was agreed to.
This was all the business.
The CHAIRMAN stated that dividend warrants would be ready on the 31st ult.
SUPREME COURT.
Wednesday, 31st December.
IN SUMMARY JURISDICTION,
BEFORE HIS HONOUR A. C. WISE (PUISNE JUDSE),"
SEQUEL TO A COMPRATORE'S FRAUDS. In this so the Tysing shop claimed from Messrs. Lauts, Wegener & Co. the sum of $1,125, restricted to $1,000, as damages for the non-delivery of 100 cases of beer, being part of 200 cass purchased by the plaintiffs from the defendants and paid for on 23rd June, 1902, the other portion of which, namely, 100 cases, was taken delivery of by the plaintiffs on cr about 30th June, 1902.
CHINA OVERLAND TRADE REPORT.
with the Tysing firm during June. The last transaction they had with the Tysing firm was ou 13th May. Since then they had had no transactions with the firm for the sale of beer, to their knowledge. He had never heard from the compradore about this alleged sale of beer at $9.25. He had not sold any beer at 89.25 in June, The last sold to Chiness de.lars at that pric was yours ago. The lowest price at which this b er was sold to dealers, Chinese and European, during June was $11.25. Ho had sold thre. cases to their own clerks for their mess at $10.50 per case, in June; with that exception the price was $11.21, It would have been impossible to entertain an offer of $9.25 per case i June. He did uct send a delivery order for 100 cases to the Tysing firm in June. He did sign a delivery order for the delivery of beer to Hing Cheong Loong at $11.25 per case. He obtained a promissory note for that. His com- pradore was arrested on 19th July and charged with forgery. He was bailed out a week later and disappeared. Over 500 cases of beer were sold in June these were sold at $11,25, not at $9.25. In May be sold some beer to the Tysiog firm at $11.25, and the litter paid that money. Cross-examined-He had been in Hongkong since the end of March. Previous to that he was in Swatow. The compradore when he went out soliciting orders knew the price of the bear, but no transaction was completed without witness's signature. In former sales to the Tysing firm the money was collected through the compradore. The compradore was charged with the forgery of promissory notes. Some of his books were found to contain many false entries. He swindled the firm all round. The firm bad securities for the absconding compradore; these consisted of property, but they had not got any money yet.
Mr. Hastings--Do you expect to get any ? Witness-I hope so.
Mr. Hastings-Is it $100,000 ? Witness-I expect it may be more. Shown the delivery order referring to the delivery of beer to Hing Cheong Loong, witness admitted that there was no receipt or chop upon it denoting that beer had been received; he dil not of his own knowledge know that Hing Ch ong Loong ever received it. The chop on the d-livery order was the Chinese godown man's chop. The promissory note ho had from Hing Cheong Loong was one of those
Mr. J. Hastings of Messrs. Deacon & Hastings, solicitors, appeared for the plaintiff firm, and Mr. G. C. C. Master of Messrs.supposed to be forged by the absconding com- Johnson, Stokes & Master, solicitors, for the defend ⚫uts.
Mr. Hastings, in his opening statement, said that the plaintiffs had bad several large transac- tions for seven years with the defendants, and following the practice in the case of Chinese dealing with Europeans, the transactions had been carried on through the ageney of plaintiff's compradore, Defondaut's agent, Chak A Tong, came to the plaintiffs compradore in June, 1902, asking for an order for beer. An order was given for 200 ca es. The price in the agreement was $9.25, but they were suing ou the present market price, which had gone up to $11.25. A sum of $1,850 was paid to the compradore to cover the transaction and on 30th Juno 100 cas 8 were delivered. Although repeated applications were made for the delivery of the remaining 100 cases, plaintiffs could not get them. Then the compradore absconded. Plaintiffs wrote to the defendants and a long correspondence ensued, the result of which was the present p oceedings.
pradore. He had nothing to show that they received the beer; in fact, Hing Cheong Long denied that he had received it. That promissory note was being charged against the compradore.
This conclude the evidence.
Ward in the toss but, contrary to expecta- tion, he decided to send his opponents in first. It is doubtful whether anything was gained by this decision, but certainly, as the game went, nothing was lost by it. The Club began bat- ting with Tarner and E. W. Maitland, and Mackinlay and Fawcett started the bowling. With only 4 runs scored. Maitland was out and W. Dixon came in. He survived the first ball he received, but was smartly caught at the wicket off the second. Arthur followed and infused a little life into the game and hope into the hearts of his side by making two or three good hits. In the meantime, howeve, Torner had blen bowled for 5, and J. T. Dixon took his place. When he had made 12, Arthur was clean bowled by Mackinlay and L. Maitland came in. It was at this stage of the game that the hopes of the Club supporters were raised, as Maitland and his partner for a time defied the attacks of their opponents. Maitland had a fair share of luck and Dixon was given "not out" from
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doubtful looking catch after he had apparently given himself up for lost. With the score at 49, however, he was caught at the wicket for a well-played 20. Ward followed him and played with more than usual care; he lost his partner, who was bowled by Fitch, who had gone on in placo of Fawcett. Pearce came in, but after making 8 was bowled by Mackinlay. Ward in the meantime played careful cricket and looked like staying in till the tiffia hour. He, however, hit out at the last ball bowled before tiffio, and was well caught in the long fild by Smith for a patient 15. After tiffio, Lamble played well, bu, the whole side was cut for the por total of 10%, The fielding of the Service men was good und Mack ulay bowl d uncommonly well through- out the innings, takia 7 wickets for 45 runs. The United Services bagan batting with Fawcett and Gards, and Cooper and Pow. Il bowled; when he bal made 7 out of 11. Fawcett was bowled by Powell. and Pringle came in. He and Garde played good cricket and took the score to 75 before the latter was bowled for 41 He gave two chances to cover point; otherwise his innings was a capital one in every way. With Moore in, another stand was made and, though fr quent changes were made in the bowling, the score was taken to 99 before Pringle succumbed to a fast one from Cooper. Pringle had played excellent cricket for his 35, and, so far as could be seen, gave no chance. Moore also layed well, though he gave a palpable chance to the wicket-keeper. He was joined by Clark, who hit up 22 in a very short time; he, however, was badly missed by Powell in the long field, as also was Moore, and had it not been for these mistakes the total of the Service
The case was adjourned till Tuesday next at team would have been much smaller. Moore's 10.15 a.m.
CRICKET.
H K.C C, D. UNITED SERVICES.
The result of this match, which was played on the 26th and 27th alt., was a great dis- appointment to the Club supp rters, many of whom thought the Club team to be a strong one, and one likely to make a gool fight against their powerful opponents. At 30 time, bow- over, did the Club look like mak ng anything of a game of it, and their backers can scarcely be said to have had even a “rau for their money." The only satisfa clory thing about the match, from the Club's point of view, Among the witnesses examined was Mr. J. was the fact that the bowling was distinctly J. Focke, partner in the defendant firm. In better than usual. J.. Dixon especially bowled June, he said, he was the only partner of the very well, and Cooper and Pearce would appear firm in Hongkong and was in charge of every. to be quite above the average; in fact, if the thing. Their course of business with regard to bowling Lad only been backed up by letter selling of goods, such as beer for instance, was fielding--especially in the matter of holding for their compradore to go round aud catches-and batting of even average quality solicit orders; when he obtained an order it the match might wel have resulted quite was referred to the firm for settlement differently; as it was, however, the batting as to delivery; terms of payment, etc. The broke down completely and not one of the team compradore was not authorised to sell beer can be said to have shown any form worth mon- to whom he liked, when he liked, or at tioning, For an apparently fairly strong what price he liked. All transactious required batting side to be dismissed twice, on a goodish to have his (witness') signature bafore a settle-wicket, by bowling such as was brought against ment could be made. As regards the method of delivery after settlement, the dealer wou'd send a request in Chinese or English to the com- pradore's office. After he had signed it, and ar- ranged about it, the delivery order book was used. No case could be delivered out of the godown without his signature. He had no transactions
them, for a total of 194, does not say much for the capabilities of the Club batsmen at the present time, and it would appear that more regular practice at the nets would be beneficial. Owing to the late arrival of the Naval contingent, a start could not be made on Friday until 11.50. Garde beat
40 was nevertheless a capital innings and was invaluable to his side. None of the others did much and the innings eventually terminated at 4.45 for 167. The ground fielding of the Club men was better than usual, but the inability of some of them to hold catches was simply lament- able. J. T. Dixon bowled uncommonly well, taking 6 wickets for 35, and it was a pity that he was not put on scouer. Pearce bowled well aud to k 2 wickets for 14. Cooper is a decided acquisition as a bowler, and with a wicket to su ́t him should be much more effective. With the downfall of the last Service wicket, stamps were drawn for the day.
Play began at 11.35 on the 27th ult., the delay being this time caused by the late arrival of several members of the Club təam. Ward and Turner opened the batting and Mackinly and Fawcett again started the bowling. Ward cut the first ball sent down for 4 and made and uppish hit for 2; in Mackinlay's second over, however, he was caught at the wicket from a ball that popped up off the back of his bad.
This was but the first of the many disasters that were to follow. The batting had been bad in the first innings, but it was worse in the second and only F. Maitland, Pearce and W. Dixon su corded in making double figures. These three, indeed, were the only men to make any show at all; the least said about the rest, the better. E. W. Maitland distinguished himself by bagging a brace and others nearly succeeded in following his example. The whole side was out for a mis- erable 92, which, with the 102 of the first innings, gave their opponents only 28 runs to get. The fielding of the Service men was again
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