•
November 2, 1903.}
CHINA OVERLAND TRADE REPORT.
8.m.,
the hand. This tourniquet, under the super- | 15-pounder B.L. next Camp at 6 vision of Nobbs and Grey, remained in use until Dr. Swan's arrival at 7.30 am., in com- pany with Holmer, who left camp at 4.40 a.m. in a sampan to fetch him
and keep you standing with your teeth chattering while your thick heads grasp the details.
The second matter to which I wish to refer is the irresponsible chaftr which has lately appeared as regards drinking and the amount of shandy" consumed in camp. Anyone would fancy that the encampment was turned into a giant species of tavern where men do nothing but sit round and swili beer. This aspersion on a body of men who are giving up mach time aud doing their best to learn the work they would be expected to perform in an emergency, is rightly and strongly resented. It is bad enough in conversation to pass such remarks, lest they be repealed, at before putting pen to paper one should first remember that a new 8- paper travels, and the consequent effect to the corps in the public estimation. I have never seen a more moderate kamp (and I have been to a good many) t. an the present. A great deal of good work has been done, and we are ready to do more, if only the weather will leave us alone. Yours etc.,
C. WILCOX.
Sergt, No. 2 Co, H.K.V.A.
"
TO THE EDITOR (F THE DAILY PRESS,'
29th October.
SIR-With reference to Mr. H. C. Wilcox's letter in this morning's issue of the Daily I'ress, the writer shows a stupendous want of tho sense of humour. Aga Volunteer-and one who sacrifices as much time as Sergeant Wilcox in camp duty-I would point out to him that Saturday was an off-day at Stonecutters', and if he had ever attended a Volunteer Camp at home he would have known that the Saturdays are invariably given up to fun and frivolity, with no harm to Volunteers even like Sergeant Wilcox. If Sergeant Wilcox objects to the newspaper comments on the Camp reflecting the spirit that prevailed, then he is no Volunteer in the proper sense of the term.
ALSO SERGT. 2 Co. H.K.V.A.
(bat of the Left Half}
SUPREME
COURT.
Tuesday, 27th October.
IN ORIGINAL JURISDICTION.
BEFORE HIS HONOUR SIR WILLIAM M. GOODMAN (CHIEF JUSTICE).
AN OLD SUIT.
The case No. 48 of 1897 was called, in which Mui Tsan, alias Kui Nai Lam, alias Mui Po Woo. versus Chan Yam and Chau Wo, alias Chan Chin Pui, trading as the Wa Hing Lung, had sought an injunction to restrain the defen- dauts from representing to the British Consul or the Chinese authorities at Canton that the plaintiff was the same person as the defendant in the original suit No. 73 of 1896 (in which judgment had been given for a claim of $7,000 odd), and from further endeavouring to enforce the judgment obtained by the defendants in that suit by attachment of the property belonging to the plaintiff, or in which he was interested or otherwise, against the plaintiff. Plaintiff also claimed $15,000 damages sustained by him by reason of such false representations as mention- ed above having been made by the defendant. The writ in this case was taken out on the 10th August 18.17, and on the 24th August of that year an interim injunction was issued.
Mr. M. W. Slade, barrister-at-law (instructed by Mr. F. Paget Hett, solicitor, of Mr. G. Hall Brutton's office), appeared for the defendants. The counsel for the plaintiff was not present, but Mr. C. E. H. Reavis, of Messrs. Wilkinson t Grist, the instructing solicitors, was in Court.
Mr. Slade stated that the matter had been settled. The defendants had been paid a suffi- cient sum to satisfy their claim in the previous
323
Mr. Slade said he thought that if they notified the Consul at Canton that their (the plaintiffs') caim in the first case had been satisfied that would be sufficient.
His Lordship-And the attachment on the property in China will be removed?
Mr. Slade-Yes.
His Lordship added that this was the last of those actions which had been pending for several years, and which he had forced on to A hearing. and it was EL fair specimen of what he called abuse on the part of the plaintiff of the process of the Court, He saw from the records that there had been two or three summonses taken out to dismiss the action for want of prosecution, and the plain- tiff bad always managed to get out of them by taking some fresh move. The worst specimen of the lot was the last dodge-be could call it nothing else to prevent this cause from coming on before him on the part of the plaintiff. An affidavit was filed on the 10th September by one Mui Chiu stating that to the best of bis belief Chan Wo, one of the defendants, died in the San On district of Kwang- tung, about three years ago. Next day the allega i dead man filed an affidavit saying he was not dead, and that he and his co-defendant were ready and anxious to proceed with the trial on the date fixed, the 14th of that month.
Mr. Slade explained that as a matter of falo the manager of the plaintiffs' firm, who had taken an active part in the whole of the litiga-
tion, and was one of the witnesses, bore the name Chan Hung Wo, and died about the time stated; bat he was a distinct man from Chan Wo who was one of the defendants.
His Lordship remarked that this only showed the neces-ity of the Judge being firm in these cases. This action was began in 1897, and if it had not been that it was forced on by him it would n ver have come on at all. Mea time the plaintiffs had had to give security for $4,000 in all for osts, and there had been an immense waste of money. If the plaintiff had no better case than what had appeared that day he had no right to carry on six years' litigation.
If he is incapable of enjoy action, the original one, and be asked that the He was thankful to say that there were now no
ing himself once in a while, it may be a comfort to Sergeant Wilcox to know that there are others who can do so. As for the shandy that appears to have got on his nerves, perhaps he is not able to appreciate a pint after coming off duty, but he is one of the few who cannot. No body recognises more than I that the Camp is useful and good for instructional purposes, but the less we have the better of men. who would eliminate all fan, and who are thin-skinned enough to be shocked at the smoke-curi of a cigarette, or the aroma of a canteen shandy. - Yours, etc.,
VOLUNTEER.
TO THE EDITOR OF THE "DAILY PRESS.
Stonecutter's, 30th October, SIR, I quite sympathise with Sergt. Wilcox in mo t matters concerning which he wrote to you on Wednesday, the 24th inst., and I think that "Volunteer," who also wrote on the 29th iust., must be "a little bit off the top" (possibly too much sbandy) if he considers that Sergt. Wilcox's letter inferred that the occasional remarks which bave appeared in the Press were more or less true. I understand by the letter quita the reverse, and what I would like to know is, Where could you find a more abstemious body of men than the H.K.V.C. east of Suez P Echo answers, Where? I can blow the froth off a driver's half-pint of the much-maligned shandy after doing two hours' drill in the forts, so that the man who came later wouldn't get much; and the man who cannot deserves to wear six yards of blue ribbon maskee the S. John's Ambulance medal ? By the way, might not Sergt. Wilcox obtain the D.C.M. if his conduct were reported to Headquarters; and should there be a Society which presents medals for extreme modesty, I would bet ten to one on Sergt. Wilcox securing one. To conclude, to do ten days in Camp and follow out the routine (the new Sergt.-Major looks after that) is not all beer and skittles, and if any of you hypercritical, sneering civilian Johnnies doubt my word, just join the Corps as experiment, and (DV.) I might have the pleasure of drilling you round the tail of a
an
case be dismissed without costs.
His Lordship asked whether it appeared that the property attached in China did belong to the defendant in the original case?
Mr. Slade replied that he had at any rate paid up the debt. The original claim was for $7,00, and a sufficient sum had been paid to satisfy that.
His Lordship said if this man was the same as the defendant in the first action he ought to be prosecuted for perjury.
Mr. Slade That is what we were prepared to prove.
His Lordship went on to remark that what be understood was that there had been an action brought against the present plaintiff, the defendant in the first case, and judgment was recovered for $7,000 odd. Plaintiffs were unable to obtain properly from him in Hongkong, and they attached some property which they alleged belonged to him in Canton. The plaintiff in this action said that the property did not belong to the defendant in the previons action-in fact, that he (the owner of the property) was not the party against whom the original action was brought. Then he brought an action seeking to restrain by injunction the successful plaintiffs from representing to the British Consul or the Chinese authorities at Canton that he was the person against whom the previous action was brought or that the property belonged to that person. Now, after five or six years of litigation, he came to a settle- ment in the case, which made it appear to his Lordship very much as if he was the man against whom the original judgment was given. However, this action having been settled, what about theinterim injunction of the 24th August, 1897 ?
Mr. Slade said that by the action being dis- missed that was ipso facto dissolved.
His Lordship pointed out that the injunction had been granted "antil judgment in this action or until farther order of this Court." Perhaps he had better make an order discharging the interim injunction?
Mr. Slade acquiesced, and
His Lordship entered judgment accordingly without costs and discharging the interim injunction of the 24th August, 1897.
arrears on the roll of that Court, Nothing had been sot down for trial earlier than last April.
Mr. Slade That is very satisfactory, my Lord.
The Court adjourned.
Wednesday, 28th October.
IN SUMMARY JURISDICTION.
BEFORE HIS HONOUR A. G. Wiss (PUISNE JUDG8.)
CHAN CHING HOP, TSANG HOI AND WONG
KONG V. CHAN FUK.
Mr. P. W. Goldring, of Messrs. Deacon & Hastings, solicitors. appeared for the plaintiffs, and Mr. C. E. H. Beavis, of Messrs Wilkinson & Grist, solicitors, for the defendant.
Plaintiffs' claim was for $700 damages suffered by them through the breach by the defendant of the contract for the erection of a sa-wall, dated 10th September, 1902, com- prising $280 for pulling down and re-erecting wall built by defendant and six months' rent of ground at $70 per month from the 10th Novem- bor 1902, to the 10th May, 1903, at $420.
In the first case the present defendant was plaintiff, and judgment was given for $122.73 ou the 3rd June.
His Lordship, after hearing parties, made an adjournment antil Friday next.
As a result of the enquiry into the case against Mr. Barton Sinclair for oriminal negligence by reason of which funds entrusted to his care, and for which he was responsible, as Treasurer of Rizal Province P. I., had been found short, we learn from Manila papers that Mr. Sinclair, whose case has been mentioned in these columns, and who attempted to commit suicide in the office of the Attorney-General, has been honourably acquitted. Commenting apon this case the Manila Çablenews says:- Mr. Sinclair's honesty has not been at stake at any part of his long prosecution. He will return to the States with the untarnished reputation that he brought with him to these Islands.
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