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Mr. O. D. Thompson, solicitor, appeared for the plaintiff.
His Lordship, after hearing evidence, gave judgment for the plaintiff with costs.
1
Tuesday, 11th October.
IN SUMMARY JURISDICTION.
THE HONGKONG WEEKLY PRESS AND
Thursday, 13th October.
IN SUMMARY JURISDICTION.
[October 17, 1904.
BEFORE HIS HONOUR T. SERCOMBE SMITH long time, and for an equal period had been
(PUISNE JUDGE.)
CLAIM AGAINST A CLUB.
The Tack Lee firm sued the Nan Wa Shu BEFORE HIS HONOUR T. SERCOMBE SMITH Shat Club for $66.70 for goods sold and delivered.
(PUISNE JUDGE.)
Mr. F. X. d'Almada e Castro, solicitor, appeared for the plaintiffs, and Mr. C. F. Dixon, soli- citor, of Mr. John Hastings's office, for the defendants.
·
▲ PROMISSORY NOTE CASE.
Tam Wan Chi, alias Ning Un Tong, a firm of Canton, sued the Lai Chan Hing firm of jade-stone merchants, 316, Queen's Road, Central, for $667.31, being balance due on two promissory notes dated 2nd December, 1903, and 15th February, 1904. The claim was as follows:-2nd December, money lent, 600 taels, with interest at the rate of 1.06 taels per cent. per month. Taels 62.75 money lent with in- terest at the same rate amounting to Taels
15.47, total, Taels 878.22. On 16th June there was payment on account of Taels 36 and on 18th September payment on account in the sum of Taels 361.76, leaving a balance due of
$667.31, the sum sued for.
7.
Mr. R. Harding, solicitor, of Messrs. Ewens and Harston, appeared for the plaintiff, and Mr. Otto Kong Sing, solicitor, for the defendant firm.
Mr. Harding said the solicitor on the other side (Mr. Otto Kong Sing) would, he under- stood, consent to judgment.
Mr. Kong Sing signified that such was his intention.
Mr. Harding stated that the sum of Taels 361.76 put down as having been paid on account on 18th September was represented by a quantity of jade-stone bangles and other goods presently in the custody of the Police. There had been some criminal proceedings with regard to these goods, and one of the defendants in the criminal proceedings was the plaintiff in this case. The charge against him was dismissed, but the goods were still in custody of the police pending the decision in this case. He would ask his Lord. ship to make an order for these goods to be handed over.
His Lordship said he could not order the goods to be handed over.
Mr. Harding then asked his Lordship to make a note in his judgment to the effect that the goods should be delivered up by consent of the defendant, because, he said, he must have some- thing to show the Magistrate to prove that the goods should be handed over.
His Lordship said he would give judgment for plaintiff with costs; if the plaintiff wished to do so he could get a copy of the judgment from Mr. Suffiad (Clerk of the Court). Execution was stayed for a week.
Wednesday, 12th October.
IN SUMMARY JURISDICTION.
BEFORE HIS HONOUR T. SERCOMBE SMITH (PUISNE JUDGE).
A BRICK CONTRACT.
The Wing Mee firm of brick contractors, 303, Des Voeux Road Central, sued the Po Yick firm, contractors, 259, Queen's Road East, for $364,61, being money owing in respect of 19,00 Amey bricks sold and delivered to the defen- dants on 10th September. Mr. J. X. d'Almada e Castro, solicitor, appeared for the plaintiffs, and Mr. T. W. Tso, solicitor, for the defen-
dants.
Mr. d'Almada in opening the case said that some time before the 10th of Sep- tember his client was interviewed by a broker who undertook to sell bricks to the Po Yick firm and the matter was settled. The bill of lading was accepted and acknowledged by the defendant firm. When the plaintiff com- pany sent round to the Po fick the latter said the bricks had not been counted. Later they said they had paid the broker for the bricks. Plaintiffs asked defendants to accompany them In the to the Police Station, and they did so. presence of Sergeant Marison, they admitted that they had chopped the chit-book acknow- ledging the receipt of the bricks.
|
Mr. Dixon said that in this case he had a technical objection to make against the writ in its present form. The Nam Wa Shu Shat was a small private club, not registered under the Companies Act, so that any proceedings should be taken against some member and not against the club a8 a club. With regard to the goods mentioned in the particulars of the claim, they were supplied not to the club or any member of the club. but to a friend of a member who was staying at the club. This man had never been applied to for payment but he was perfectly willing to settle the
account as soon as it was presented to him.
His Lordship asked for evidence to be led before he could pronounce upon the objection raised on behalf of the defence.
Mr. d' Almada proceeded to call evidence with reference to the ordering and delivering of the goods.
After hearing witnesses for the other side His Lordship overruled Mr. Dixon's objection, but gave judgment for the defendant with costs
A BRICK CONTRACT.
In the action in which the Wing Mee firm of brick contractors. 303, Des Voeux Road Central, sued the Po Yick firm contractors, 252, Queen's Road East, for $364.61. being money owing in respect of 19,000 Amoy bricks sold and delivered to the defendants on 10th September, judgment was given for the defen- dants with costs. Mr. F. X. d'Almada e Castro, solicitor, appeared for the plaintiffs, and Mr. S. W. Tso, solicitor, for the defendants.
MARINE MAGISTRATE'S COURT.
Monday, 10th October.
BEFORE HON. CAPT. L. Barnes-LawreNCE R.N. (MARINE Magistrate).
REFUSING TO STOP.
Inspector James Kerr, of the Water Police, charged Cheung Kam, master of the launch Lee Ping, with refusing to stop his launch when called upon to do so by an inspector of police.
Complainant, sworn, deposed that on the morning of the 9th inst. he was following the 8.8. Bourbon into the harbour up the Sulphur Channel. In the central fairway he saw the defendant's launch approach and follow the steamer. Shortly afterwards a sampan left the steamer's side, where she had been hanging on contrary to the regulations of the port, and made fast to the launch. Com plainant blew the usual police blast for the defendant to stop. Instead of doing so, however, he ported his helm, sheered off, dropped the boat, and steamed to the Bourbon. His object in stopping the launch was to take the number of the sampan. He was of the belief that the launch and sampan were acting in concert, as the custom was for the sampans to put touts on board steamers, and the launches afterwards to collect the passengers.
After further evidence the defendant was
convicted. In summing up, Hon. Capt Barnes-Lawrence said that the want of atten- tion paid to the regulations of the harbour was very marked, and in order to ensure the same being properly safeguarded the water police must receive every support to which the law
entitles them.
He fined the defendant $100 or one month's imprisonment.
ANOTHER CASE.
The same complainant charged three sampan masters with unlawfully making fast to the s.8. Bourbon whilst under way within the waters of the Colony, without the permission of the master or officer in charge.
:
I
Complainant saw the boats hook on to the steamer, and the touts for baggage climb on board. The vessel was carrying Chinese passengers. The touts had been carrying on this habit for a
regarded by the masters of vessels as objection. able, interfering, as it did, with the navigation of the vessel, and creating confusion on board. The fines imposed so far had been ineffectual, and reflections had been made on the water police for permitting it to continue. plainant took the three boats in tow, but was unable to get hold of any of the men who got on board. The boats were passenger sampans.
Com.
The men were convicted. In summing up Hon. Capt. Barnes-Lawrence said that these touts had become a nuisance to vessels visiting the port, and were alike a danger to navigation and 8 source of difficulty and annoyance on board both to passengers and crew. They showed a total disregard of the harbour regu lations. The more generally this was known the better. He was determined to see the regulations properly carried into effect. He sentenced the first two defendants-holding licences-to fines of $50 each, or 14 days' im- prisonment; and the other man, who only held a permit as preliminary to getting a licence, to a fine of $30 or seven days' imprisonment.
Wednesday, 12th October.
BEFORE HON. L. BARNES-Lawrence, R.N
(MARINE MAGISTRATE).
OBSTRUCTIONISTS · FINED.
Lance-Sergt. Bools, of the Water Police, charged three sampan men with wilfully dis- obeying the lawful orders of the Harbour Master.
Complainant, sworn, deposed that while on duty in the police launch, coming up to the Harbour Master's wharf, he saw the defendants make fast to the stern of a junk in such a manner as to obstruct the passage of boats coming alongside the pier. The boats were notice prohibiting the entry of boats inside these marks is conspicuously placed. As soon as the defendants saw the police boat they made off, and paid no attention when called upon to stop.
well inside the two marks on the wall. A
The men were convicted. Two of them were fined $3 sach; and the other, who said he had landed a passenger at the pier-which is contrary to regulations—$5.
THE "SHELL" TRANSPORT AND TRADING COMPANY, LIMITED.
The report states that the directors had hoped to place before the shareholders the adjustment of the accounts as compared with the estimated figures for the year 1902, but, in view of the auditors requiring to have before them the accounts for the year ended December 31, 1903, before they certify final figures, the directors regret that it is not yet possible to do so. They are, however, able to state that apparently the adjustment entails the alteration of the profits for the year from £219,567 to £208,270, or £11,296 less than the figures anticipated in the last report. Shareholders will be asked to pass a resolution adjourning the meeting in order that the profit and loss account and balance-sheet may be made up so
soon as the accounts are received from the Asiatic Petroleum Company (Limited) for the first and second halves of the year 1903, the accounts of the company depending on them. The interest due from the Nederlandsch In- dische Industrie en Handel Maatschappij, for which no credit was previously taken, will be treated as revenne for 1903. Important developments have taken place in the posi tion of the company, in so far as their participation in the European business is concerned. The cost of shares in the Petroleum Producte Action-Gesellschaft, shown in the 83 £98,500, has been last balance-sheet increased to about £161,250, representing one- third of the present paid-up capital, of the company, which has been raised to 9,000,000
marks.
The remaining two-thirds were sub- scribed equally by the Deutsche Bank and the Steaus Romans Action Gesellschaft für Petro- leum Industrie. A contract has also been
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