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June 6, 1909.1
CHINESE REFORM LEADER
KANG YU WEL.
A PLAN TO DECOY HIM.
Considerable interest has been aroused throughout Chins and Indis by the fact that Kang Yu Wei, the noted Reform leader, had been summoned to Peking by Imperial order. Kang Yu Wei has been for several years a refugee from his own country. He had to flee for his life from China. Even in Hongkong he was not free from the fear of assassination, and he was compelled to seek protection still under the British flag in a country more remote from his native land. His haven of refuge was Darjiling in India. There he has been living in exile, Suddenly word came to him that the Court in Peking desired his presence. All the Reform party in China was in a flatter when the Imperial summons becane known, for it appeared that a new order of things was about to come into force: that the Reformers were to be taken into the councils of the Chinese Government through the agency of their leaders, and that the Peking authorities were about to uübend in their attitude of uncompromising hostility to any thing that savoured of reform. It was little wonder therefore that the progressives should be alive with interest in watching the move. ments of one in whom were embodied all the principles which they hold dear, suddenly called into what appeared to be imperial favour There were those who prophesied that Kang would be putting his head into the lion's mouth if he trusted himself to the meros of the Chin se Court, who said that if he entered the Imperial city he would never leave it alive. But Kang, it seems, took a more optimistic view of the situation. He received the summons in good faith and set forth for Peking with all trust in the summoners.
The telegram by which he was recalled from his exile was signed, we are led to understand, by His Majesty Kwang Han. It was not surprising therefore the Kang Yu Wei took it at its face value. He left Darjiling to answer the royal command. He travelled up as far as Hongkong on the French mail which arrived on Sunday. He was met by the Reform League representatives here and the result was that he left for the
South the same day. The League had
no
faith in the summons received by Kang Yu Wei. Indeed it is alleged that the telegraphic message from Peking was either forged or else was signed by the plastic Em- peso: under compulsion.. Rut be that as it may, the League advised Kang Yu Wei not only not to carry out his intention of visiting Peking
but to re'urn in all Haste to the place from whence he came. Kang accordingly sailed for Singapore by the first steamer. That anyone under the protection of the British flag in & British colony should have to flee in such a manner is a sufficient indication of the estimate in which the power of Great Britain is held in the matter of predicating safety from harm to an outlander who may happen to be wanted by his own government.
In certain circles it is whispered that the sentence of death passed upon the Chinese who was found guilty at the last Sessions of being a party to the murder of the Reformer school- master in Gage Strest is likely to be commuted
to one of penal servitude for life. It may be an unfounded rumour, but straws show which way the wind blows, and such a perversion of justice would certainly go a long way towards accentuating the feeling of uneasiness among those Reformers who while striving for what they consider to be the advancement of their country are yet acting within the letter of the law and as such claim under the British flag a protection which does Lot seem to them to be very substantial after all,
A Chinese, employed cook on board the Hamburg-America Line steamer Aragonia (which arrived at Yokohama from Hongkong on the 26th ult.) died at the General Hospital there from plague. It transpired that the man was admitted to the Hospital without an exam- ination of the case being first made. The Hospital was consequently isolated by the anthorities.
CHINA OVERLAND TRADE REPORT.
SUPREME COURT.
Friday, 29th May.
IN OLIGINAL JURISDICTION.
BEFORE HIS HONOUR SIE HENEY S. BERKELEY (ACTING CHIEF JUSTICE).
A PARTNERSHIP CASE,
Ho Fung Harg, as administrator of the estate Judgment was delivered in the case in which of Ho I Shek, deceased, sued Chan Kit San and Sz Kuk San, as partners in Yan Wo and Yi Li opium firms, to account to the plaintiff in respect of certain shares in these firms alleged to have been held by Ho I Shek. Messrs. H. E. Pollock, K.C., and T. Morgan Phillips, barris- ters-at-law (instructed by Mr. E. A. Bonner of Messrs. Dennys & Bowloy, solicitors), wire for the plaintiff; and Mr. E. H. Sharp, K.C., bar- rister-at-law (instructed by Mr: E. C. Pontifex of Messrs. Ewens & Harston, solicitors), for the defendants.
The issues of law argued wre as follow:-(1) It being admitted that the defendants were not partners with Ho I Shek in his lifetime in the Yan Wo firm although they are now partnera in the said firm, and assuming that Ho I Shek
was at the time of his death entitled to a share in the said firm, and assuming that no settle- ment of accounts respecting that share has ever tives and the present or past partners in the taken place between Ho Shak's represinta- firm, are the defendants liabl as such present partners to account to the plaintiff in respect of defendants were not partners with Ho I Shek the said share ? (2) It being admitted that the in his lifetime in the Yi Li firm and assuming that Ho I Shek was at the time of his death entitled to & share in that firm, and assuming that no settlement of accounts respecting the said share has ever taken place between Ho I Shek's representatives and the present or past partners in the firm, are the def-ndants liable as such present partners to acconat to the plaintiff in respect of the said share? The Chief Justice had further ordered that the issu s of fact be tried after the settlement of the issues
of law.
શૈક્ષ
His Lordship in delivering judgment said-I think that on the admissions and assumptious of fact on which the issues of law have been raised on the pleadings in this case, the finding on the issues must be that the defendants are not iable as present partners in the firm styled the Yau Wo, to account to the plaintiff in respect of any share which was at the time of his death owned by Ho I Shek in a business at one time carried on under the same name and style as the present Yan Wo firm. By the death of Ho the Yan Wo, of which he was then a member, I Shek, the partnership then known
was dissolved, and assuming that at that time it would on an account taken have appeared that moneys were due to him by the late firm, in respect of his interest therein, the moneys sò due would have consti'uted AL recoverable in an action of debt from his surviv. simple deb- ing partner or partners. There was nothing of the character if a trust attaching to such not trustees with respect to the share which he moneys, for Ho I Shek's surviving partners were owned in the Yan Wo at the time of his death. The relation that then existed between them and Ho I Shek's representatives admitted that Ho I Shek died on or about the was simply that of debtor and creditor. It is 19th of June, 1880, and it is conceded that the defendants did not join the firm now known as the Yan Wo until 1889, i.e., uine years after the death of Ho I Shek. It is clear therefore that the defendants never were partners with Ho I Shek, and that if any moneys of his were at the time they joined the Yan Wo retained by Ho I Shek's surviving former partners such moneys did not possess the character of trust moneys. The debt dus, if anything, was due to Ho I Shak by his surviving partners, was due as a simple debt; and, if due, was recoverable. There are no fac's appearing on this issue which would extend the liability to pay the debt, if any, due to Ho I Shok's estate, to any other person than the pa tners surviving at the death of Ho I Shek or their repre- sentatives. The case of Wedderburn
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Wedderburu, 8 L.J.C., relied on by the plaintiffs, appears to me ou consideration to have no application to this case; for there the business of the deceased had been carried on by one who was the executor, and who after the death of his testator took in partners and con- tirned the old business with capital which, or a part of which, was money belonging to the estate of the deceased, The executor at the time he so carried on the old business was a trusteet and the moneys due to the estate of deceased which were used as capital, or part of capital, of over were such to the knowledge of the incoming the new business were trust moneys; and more-
incoming new partners were held liable to new partners. Under such circumstances the account to the representatives of the testator though they had not become partnera in the new business until long after the death of the testator. Wedderburn v. Wedderburn is tere- fore in my opinion distinguishable from this case and does not apply. Judgment therefore must be for the defendants on the first issue; and as it was agreed by consent of counsel that the finding on the second issue should be deter- mined by that on the first, judgment will be for the defendants generally on the issues of law raised on the pleadings. Defendants will have their costs in this matter.
The Court rose.
Saturday, 30th May.
In Summary JURISDICTION.
BEFORE HI HONOUR A. G. WISE (PUISNE JUDGE).
W. BREWER & CO. v. PORTLAND AND ASIATIC 8.8. CQ.-JUDGMENT. which W. Brewer and Co claimed $500 damages His Lo dshipdelivered judgment in the sqlion in from the Portland and Asiatic Steamship Co. for damages suffered in consequence of the non-ful8l- ment by the defendants of a certain undertaking in writing, dated May 7th, 1902, in consideration of which plantiffs allowed the steamship Indravelli to leave Hongkong with certain goods ladea on board belonging to and consigned to T. W. Hindmarsh, who was then and still is indebted to the plaintiffs for goods sold and delivered.
Mr. H. E. Pellock, K.C. (instruc'ed by Messrs Johnson, Stokes and Master), appeared for plaintiffs, whilst Mr. M. W. Slade, barrister- at-law (instructel by Messrs Wilkinson and Grist), represented the defendants.
His Lordship said-This is an action on an undertaking given under the following circum- stances. The plaintiffs commenced an action against one W. T. Hindmarsh and subsequently obtained judgment on May 23, 1902, with costs and leave to issue excution against the goods attached under a writ of foreiga attachment attach all the property movable and immovable dated May 1, 1902, which directe i the bailiff to
of the said 'f'. W. Hindmarsh. which should be found within the Colony. This writ was duly served on Mr. Wilgress on behalf of the de- fendant company (as garnishees) on the same of foreign attachment to seize some 26 cases day. The plaintiffs proposed under their writ of goods then already shipped by Hindmarsh on a steamer belonging to defendants, but as arranged that the goods should not be dis the steamer was leaving in a short time it was charged on an undertaking being given by the agent of the defendant company. An under- taking was given, and on that undertaking carried to their destination and the trouble has the present action is brought. The goods were arisen because, after their arrival, the American Courts decided that the larger portion of them belonged to some third party, and that, there- fore, they could not be returned to Hongkong. Hence the action.
His Lordship went on to read the undertakings which was to the eff ot that the defendants in
consideration of Mesara. Fung Wa Chun, Tak Cheong, W. Brewer & Co., Wong Hing and the Mu'ual Stores, who were stated to be creditors of T. W. Hindmarsh and to be taking proceedings to recover the amounts due, and who intended to seize by the order of the Supreme Court of Hongkong goods belonging to T. W. Hindmarsh already laden on board the as Indravelli (leaving on the day on which the undertaking was given), not insisting on their discharging suck v.goods from the ship before she left Hongkong,
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