414
THE HONGKONG WEEKLY PRESS AND convicted, one being fined $24 and the other $10. The Opium Farmer suspected that the shop was dealing in illicit! opium, but thinking he might not be able to prove such to be the case did not take legal action in the matter. The opium in the shop ́was seized, but passed the test. The Farmer, how. ever, cancelled the licence, and was prepared to pay $200 owing to licensee. About that time a dispute arose between two men as to who was entitled to the money, so the Opium Farmer paid it into Court to let them settle among them. selres. The plaintiff in the present case got judgment for the $200, and now proceeded against the Farmer on the grounds that the Farmer's action had damaged his business.
for giving leave to adduce evidence in reply, to affidavits filed in answer to other affidavits field under the leave to produce further evidence. The rule is that each party shall in the first instance produce all the evidence he has. This claim, among others, came before the Land Court, established, under the Land Court Ordinance of 1900, with the definite object of settling titles to land in the New Territory. In that ordinance the Land Court was invested with the power to allow or disallow claims. In this particular case the claimants were represented by a solicitor. They knew with what the court before which they were repre- sented was empowered to deal. They knew that the court had power to allow their claim or dis llow their claim. If the court allowed their claim it would report its allowance to the Government in order that a title might be given to the claimants. Now it would be clear to those representing the claimants that they ought to present to the Land Court their whole case and meet any objections on the part of any one opposing their claim. Now the proceedings of the Land Court have been leisurely in the extreme. It was established in 1900. The claimants before the court to-day it is to be supposed entered their claim at that time. Judgment was not delivered till February 1904. So the claimants had some four years after the time the court was established to enable them to mako out and sustain their claim. The trial commenced in September 1903, and the trial, from time to time, occupied the Land Court till January 1901, when the case, closed. The learned President of the Land Court delivered on the 18th February, 1904, the judgment now appealed against. According to the ordinance, a dissatisfied party has three months in which to appeal and, availing them- selves fully of the time allowed, the claimants appealed, just within the time. They had thus had three months to look for and produce evidence which they ought to have had when the case was brought before the Land Court. In May 1904 the case came before this court. After allowing two months to elapse the claimants applied and obtained on July 27th leave to produce further evidenc They have therefore had additional time since the 27th of July last to get evidence to supplement their case before the Land Court.
Their
case
has been One and the
same
from first to last. They have presented voluminous evidence to support that case. They have been afforded two opportunities to bring forward further evidence. Now it is a principle that the Court should not permit evidence to be given in reply which should have been
The case for the defence was that the Opina Farmer, as owner of the opinm monopoly, was entitled to obtain warrants to search premises which he reasonably suspected as being places where illicit opium trading was carried on. Witnes es were also brought to prove that the plaintiff in this action was not Fong Pik Chi, as he represented; Fong Pik Chi, to whom the licence relating to this shop had been granted, was dead.
His Lordship gare judgment for the Opium Farmer with costs, it having been proved that the plaintiff was not the man whom he represent ed himself to be.
Mr. Hastings applied that the plaintiff he arrested on a charge of perjury.
His Lordship ordered immediate cxccution against the man.
Wednesday, 30th November.
IN SUMMARY JURISDICTION.
BEFORE HIS HONOUR Mr. T. SERCOMBE SMITH (PUISNE JUDGE.)
KWONG UN FIRM 9, WONG ĶUN TAK AND
OTHERS.
This was an action in which the plaintiff firm proceeded against Wong Kunak, Ho Chak Shan. Tang Chak Hing, alias Tang Sz Leung, and Tang Tsuk U, the defendants, for $1,295.56, reduced to a thousand dollars so as to come within Summary Jurisdiction. The plaintiffs alleged that the money was owing to them in respect of the balance of payment for coal sold and delivered by them to the defendants. The plaintiffs stated that coal had been supplied to the value of $6745.10, while only $5,449.54 had been paid for, leaving a balance of $1,295.56 owing to them.
Mr O. D. Thomson appeared for the plaintiff;
[December 3, 1904
Thursday, 1st December.
IN BANKRUPTCY.
BEFORE SIR H. S. BERKELEY (CHIEF JUSTICE).
@
HO TSUI, EX`PARTE YEE CHAN FIRM\ This Was n application for payment of $552.41 to the Official Receiver by Messrs. Johnson, Stokes and Master.
Mr. H. E. Pollock, K.C, said he was in. structed by Messrs. Johnson, Stokes and Master to oppose the application on behalf of
the Yee Chan firm.
Mr. Bruce Shepherd, the Official Receiver, said that, under section 43 of the Bankruptcy Ordinance, sub-section 2, Ho Tsui were entitled to the money,
Mr. Pollock said that this was not the section mentioned in the affidavit. He submitted that
the application must be refused, under the ex- press terms mentioned under section 38 of the Bankruptcy Ordinance No. 7 of 1891. His Lord- ship would sco that the Official Receiver was now claiming moneys under an order of the Court referred to on the 23rd July, 1902. There fore the position on the 23rd of July, 1902, was that his client obtained judgment and received this sum of money before there was any act of bankruptcy. he receiving order Tras made on the 31st July, 1902.
His Lordship said that the Court could not go behind the order of the Court, made by Mr. Justice Wise Mr. Bruce Shepherd could peti- tion against Mr. Wise's order if he liked.
Mr. Pollock applied for costs.
His Lordship said he would give costs, but not for counsel.
LAM YUNG, EX PARTE THE DEBTOR.
This application was made by Mr. O. D. Thomson for payment of $551.38 to the Official Receiver.
As this was a similar case to the previous one the application was withdrawn.
KWAN T Z HIM. EX PARTE CHAN CHUI NAM. This application was for judgment of costs made by Mr. J. Harston. The application was allowed.
CHEUNG COOK NAM. EX PARTE THE DEBTOR.
This was an application for a receiving order. Mr. P. W. Goldring, of Mr. Brutton's office. said that the applicant was unable to pay his
debts
His Lordship made the order and appointed the Official Receiver as trustee.
A. M. C. DA SILVA, EX PARTE THE DEBTOR. This was an application for approval of the composition
Upon the recommendation of Mr. Bruce
given in the first instance in support of a claim. Mr. P. W. Goldring, of Mr. Brutton's office, Shepherd the application was approved.
The Court is averse to admitting further evidence which would not help us to make up our minds on the main issue involved.
Continuing the Chief Justice said-The
to the principle with respect
admission of further evidence in courts of first instance is much more stricty applied when you come to the court of appeal, where further evidence is not admitted except on special grounds and you are not able to give us any special grounds here. I think the motion must be dismissed.
:
His Honour Mr. T. Sercombe Smith gave his views on the subject, agreeing with the Chief Justice.
Tuesday, 29th November.
IN SUMMARY JURISDICTION.
BEFORE HIS HONOUR T. SERCOMBE SMITH (PUISNE JUDGE.)
FONG TIK CHI : THE OPIUM FARMER'. This was an action in which the plaintiff claimed $500 damages from the defendant for alleged wrongful seizure of opium from the shop in which the plaintiff was licensee, and which the Opium Farmer raided because he suspected that illicit opium de ling was carried on. Mr. 0. D. Thomson appea ed for the plaintiff, and Mr. J Hastings for the defendant. The facts briefly were as follows-On the 12th December last two men were arrested at No. 211, Des Vœux Road West, for being in possession of illicit opium. They were both
for the defendants.
Mr. Thomson said that the plaintiff was a coal merchant, and the defendants were traders. The question was whether the defendants were partners in the firm interested in the building of the launch Ying Fot.
The managing partner of the plaintiff firm deposed that he supplied coal to Yu Lai Chun, now dead, and the defendants for the launch Ying Fat between the 28th November, 1901, and the 8th December in the same A few days after Yu Lai Chun's
year: death the defendants came to $00 him. Ho Chak Shan said that the account would be paid later on. He came later with Tang Chak Hing and repeated his assurance. Tang Tsuk U afterwards said the same thing. He saw Wong Kun Tak at the salt fish market and he also said the account would be paid.
Cross-examined-He did not remember an occasion when Yu Lai Chun mortgaged the Ying Fat. He was not present when the de. fendants bought the deceased's share in the Ying Fat and paid the money to the widow Yu Lai Chun; his foki was present in Mr. Hett's office on that occasion. He did not know that it was arranged for the widow to pay him the money.
By the Court-The payments they had re- ceived were made by Yu Lai Chun's accountant The case for the defence was that the defen- dants were not partners in the Hop Hing Co., and Mr. Justice Smith held that it was not One of the defendants, proved that they were. however, Tang Chak Hing, was not present in Court His Honour gave judgment for the plaintiff firm against Tang Chak Hing with
costs.
LAI YU CHUN, EX PARTE THE DEBTOR,
In this case Mr. Bruce Shepherd complained that Lai Yu Chun would not file a statement of his affairs.
After asking the man a few questions, His Lordship said- I order you to file a statement. of affairs before the 12th December. If you disobey my order I shall send you to prison for contempt of court.
The Court was adjourned..
There was a considerable increase in the im- ports into India during the six months ending 30th September. All the provinces shared in this increase, the figures for Bengal being more than two crores over those registered for the same period of last year. The imports for the whole of India rose from Rs. 42,90,27,627 'dur- ing the period from 1st April to 30th September, 1903, to Rs. 49,01,53,108 in the same period of the present year. Exports from India also showed an increase of over two crores, and the amount of treasure exported during the_six months increased by nearly seven crores. Dur- ing the six months ended September 1st nearly eight lakhs more worth of salt were imported into Bengal than in the same period of last year. Sugar machinery and almost all classes of goods shared in the increase. Wheat and indigo were exported in greater quantities in the six months ended September 30th than in the same period of last year. There was a big rise in the export of indigo from Bengal of more than 13 lakhs. Exports jute and gunny cloths both showed an increase this year, while the export cotton
declined somewhat.
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