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Nam, and he had given Mr. Grist instructions to bring these suits. Other two partners gave notice to defendants not to pay because they were afraid that Wong Ping Nam would receive the money and abscond with it. As Wong Ping Nam commenced these actions plaintiffs commenced the Original suit, and a receiver had been appointed on their application. De- fendants had paid the receiver that amount. Therefore, he submitted, this action should be withdrawn.
His Lordship said they should have given notice to the other side.
Mr. Hastings replied that they had done so. The object of the other side was to get hold of this money for one of the partners; he had already got hold of all the funds he could lay his hands on, and now he wanted to scratch up as much more as he could.
Mr. Grist said the receiver had been appoint- ed subject to giving security. That security had not been given. The dispute was a diffe- rence between the partners and the plaintiff firm. Therefore he as manager of the firm was entitled to recover any monies which were due to that firm by the defendant.
Mr. Hastings stated that bonds for the re- quired security would be drawn up immediately. The giving of security had nothing to do with the debtors of the estate. This suit was bad, because after the appointment of a receiver one partner could not sus for a debt.
Mr. Grist said he only asked for his costs. The managing partner had been put to the expense of obtaining judgment against defen- dants, and he should receive his costs.
Mr. Hastings contended that plaintiff was not entitled to judgment, for if his Lordship gave judgment he would be giving judgment for the payment of the money twice over. If he was entitled to costs he should get it out of the money in the hands of the receiver.
Judgment was deferred.
Thursday, 29th September.
IN SUMMARY JURISDICTION.
BEFORE HIS HONOUR T. SERCOMBE SMITH (PUISNE JUDGE).
A LEASE DISPUTE. Chan Kin Cho, trader, 46, North Station Street, Yanmati, sued Ting On, 48, Sheung Wan Street, Samsuipo, for specific performance of an agreement and $500 damages. Mr. R. Harding, of Messrs. Ewens and Harston, solicitors, appeared for the plaintiff, and Mr. E. J. Grist, of Messrs. Wilkinson and Grist, solicitors, was for the defendant.
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THE HONGKONG WEEKLY PRESS AND
[October 3, 1904,
signing a new one was that the interest they had, the result would necessarily be to weaken had to pay was exorbitant. Ever since the the Volunteer force, to strengthen the Reserve signing of the note, the defendant had been Association at the expense of the Volunteer paying interest to Khair Singh for $50. At force; that is to say, to strengthen the body the end of August plaintiff discovered that he which receives the lesser at the expense of the had lost defendant's promissory note for $50. body which receives the greater. Again, if the As soon as possible after his discovery-he Volunteers increase as they should do, and as I believed it was the same day-he informed the hope they will do, after a time the bulk of the defendant of the loss of his promissory note, and the defendant said, "I will not get you into age will belong to the active Volunteers, young men in the Colony under 35 years of trouble; I will give you a promissory note or and the Volunteer Reserve Association will an I.O.U.". Defendant, however, did not do so. then become really a reserve, consisting of but put him off from time to time. No action men who have had some training and who are was brought on the original promissory note: keeping up the most essential part of it-muske- they borrowed the money to pay it because the try practice. I do not attach much value interest on it was too high.
to the argument which was in the papers, that the exigencies of business would not allow some men to join the Volunteers while they could manage to fulfil the conditions required in the Association. From what I have heard, the heads of firms and departments give great facilities to Volunteers to attend the annual camping exercise, and apart from this camping exercise the number of drills that a man has to attend
The defendant in his evidence deposed that each of them gave a promissory note for $50. Both these promissory notes were handed over to Khair Singh, and they received from him the original promissory note for $100. This note was destroyed in his presence in the Hongkong Hotel. His promissory note for $50 was made ont for Khair Singh; he did not see Khair Singh at that time.
Cross-examined by the plaintiff-He gave plaintiff the promissory note for 850. made payable to the bearer. He had been pay- ing interest all the time to Khair Singh for $50 out of the $100 promissory note. To his knowledge he owed this sum of 850 to Khair Singh and not to the defendant. Plain- tiff did not tell him that Khair Singh would not have his signature.
It was
Plaintiff, re-examined by the defendant, stated that he did say that Khair Singh would not take his signature at that time.
Khair Singh was next called. He said he did not receive a promissory note from the defen- dant. He did receive a promissory note for $100 from the plaintiff, but had not got it in his possession at present; be had forgotten to bring it to the Court.
His Lordship adjourned the case until to-day (Saturday) at noon, and ordered Khair Singh to bring the promissory note for $100.
HONGKONG VOLUNTEER RESERVE ASSOCIATION.
THE GOVERNOR'S VIEWS. On the invitation of His Excellency the Governor, Sir Matthew Nathan. K.C.M.G.. a meeting was held in the City Hall on 23rd ult. at half-past five o'clock of those gentlemen who had sent in their names as being willing to join the Hongkong Volunteer Reserve Association and of others interested in the formation of the Association. There was a large attendance. His Excellency was accompanied by Hon. F. H. May. C.M.G., Colonial Secretary, and Sir Henry 8. Berkeley, Chief Justice.
are not
+
so very considerable, and great latitude is allowed as to when they go out in these drills. Altogether, I think it will be found that the time spent by an efficient Volunteer on his Volunteer work is not a very great propor- tion of the time that he is away from business during the year. Further, it is within my knowledge that some of the busiest men of the Colony are already or propose to be active Volunteers. The second condition is that members should undertake not to quit the association within one year of joining, without leave, and to eurol themselves in the event of necessity under the Volunteer Ordinance as the Hongkong Volunteer Reserve Company. This was inserted to make the Association a real reserve that could be counted on in time of emergency. It is necessary that we should know always what men will be available at the hour they are required. It is not intended to prevent men leaving the Association at any time for good reason, such as leaving the Colony or suffering from serious illness, or any other good reason. With regard to the second sen. tence of that condition. "Upon enrolment officers of the company will be selected from among the members and commissioned by the Governor," I think you may be perfectly certain that the Governor will select as officers those members in whom he thinks the remainder will be most- willing to render efficient service. (Applause.) The third condition is that the rules of the association are to be framed by the Committee of Management elected by the mem bers from among their own number. This provides for the Association being of the nature of a club with power to form its own rules as to rifle competitions and as to raising such tunds as may be necessary and as to any other object that may appear to them desirable, having in view the general ides of the association. The fourth condition is that members should practise rifle shooting so as to become efficient shots. for which purpose they shall be lent rifles by the General Officer Commanding and shall be supplied with ammunition at cost price. This relates to the Association apart from the ordinary charges of rifle clubs in return for promising to enrol in time of emergency. The fifth condition refers to ranges-"The use of the Volunteer and Police range will be reserved for the Association one day in the week, and the members will have the right to use the. range at all times when not otherwise occupied." Since that Was published I have been in communication with the General Officer Commanding, and he is further willing to make available to the Association the short the Governor's notification of the 30th August. rifle range that is to be provided for the The first of these conditions now reads :- The military at High West, and also the military age limit for members to be from 35 to 50."
rifle range at Kowloon City. Further, he has propose to substitute for this: Members promised the Association that so long as it is shall be not less than 35 years of age." By possible to use the King's Park rifle range at this alteration no man over 35 will be debarred Kowloon with safety they will be permitted to from enjoying the privileges of the association do so. (Applause) I should now like to who feels that he retains sufficient energy to justify my personal interest in the lend a helping hand in the hour of need. I present scheme. From the end of the year 1895 have given careful consideration to the suggestill the end of the year 1900 it was my duty to tion which appeared in last night's China examine the annual reports of the Commandant Mail, that the minimum age limit should of the Hongkong Volunteers, and these reports be altered from 35 to 25, and I have during those years showed a continual progress come to the conclusion that this alteration both as regards numbers and efficiency. At the would not be advantageous to the general end of the year 1895-6 the number of Volunteers residents. (Applause.) It seems to me that
was 125; at the end of 1896.7, 159; 1807-8, 176;
Mr. Harding in opening the case said that about the beginning of the current Chinese year the plaintiff entered into negotiations with defendant to lease certain premises at Sam. suipo. On 16th April a six years' lease was signed. But the plaintiff had never been let into possession, although he had made repeated applications, and the defendant had failed to carry out this agreement. Plaintiff now brought this action for breach of the agreequent dates, not having met with the recognition ment and also for damages.
Mr. Grist said the whole question Was whether the document was a lease or an agree
ment for a lease.
After hearing parties his Lordship reserved judgment.
Friday, 30th September.
IN SUMMARY JURISDICTION.
HIS EXCELLENCY said-Gentlemen.-The invitation to the senior members of the Colony who are British subjects to form themselves into an association to be called the Hongkong Volunteer Reserve Association, which was pub. lisbed in the local Press on 30th August and subse
that it was hoped it would meet with, it seemed to me that if I could make better known through the medium of the gentlemen who have evinced some interest in the scheme the exact conditions under which it is proposed to carry it out, and also the advantages which the Colony might be expected to derive from it, it was probable that the association would attain greater dimensions and so become an institution more worthy of the Colony. I propose in the first instance to explain, and in one case to
BEFORE HIS HONOUR T. SERCOMBE SMITH modify the conditions which were embodied in
(PUISNE JUDGE.)
A LOST PROMISSORY Note,
M. Hoosen sued R. Soonderam for $50 due on a promissory note.
Plaintiff stated that about the 2nd of June last, he borrowed $100 from Khair Singh of the Opium Farm, with consent of the defendant, to pay off a promissory note for which they were jointly liable and which was signed by him and by the defendant. For this sum of $100 plaintiff gave a promissory note, signed by him only, to Khair Singh, and the defendant gave plaintiff a promissory note for $50. The original promissory note was torn up. The reason for redeeming the original promissory note and
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