December 12, 1904.)
CHINA OVERLAND TRADE REPORT.
SUPREME COURT.
Friday, 2nd December.
429
Mr. Hays producel a bill paid, dated the 30th September.
His Honour thought the figures looked as if they had been altered from the 10th to the 30th.
Mr. Grist said there was a mistake in the writ, the goods were supplied during November and December.
constant increase in the demand for gold; and the value of the metal has been en- hanced not merely as a consumable article of luxury, but on account of its becoming more and more recognisel us the only reliable ultimate standard of value in all commercial transactions. This is in itself & source of great value to any metal. For a long period silver took this position in the East, but it has now been found wanting in stability, and the artificial value which at- tached to it has departed, while that of fendant for 81,000, was adjourned till Friday boy brought him that chit produced; it was
gold, as a reliable basis, has been propor tionately enhanced. The latter, whether it be more or less used for articles of luxury, dental purposer, gilding, or in other ways, where (a fact which is often overlooked) it is more or less actually consumed, must for many years to come still be the metal always in demand for the purpose of re- serves; and so long as it is thus used, its value as compared with other metals liable to more fluctuation must always be main-
tained.
Silver in the East no doubt stands upon the footing of the ultimate standard of value, but its prerogative in this respect is of a local and limited charac ter, and cannot affect its value in relation to a gold standard, when it comes into contact with it in over-sea commercial trans- actions. The idea which was at one time in favour of adopting some artificial means of establishing an exchange value of the dollar or the rupee, has of late years ap- parently been abandoned as impracticable. At least we hear very little in respect of a controversy which was at one time kept up with considerable animation; and it may be taken that the existence of a lower average standard has been accepted as inevitable. Still it cannot be considered that the state of affairs is satisfactory. There is not any security that the exchange has touched the bottom and that there may not be further decline even from the low rates which have ruled for many years past. This state of things must always exist so long as silver remains the medium of commercial transac-
tions;and it will be a long time before it can be hoped that a gold standard in any form will be accepted in China. This would, of course, be the true remedy; but it must be many years before any such change could be brought about, even if China were under a Government inuch stronger than we can hope to see. Should the Japanese, however, carry out the scheme which it is stated they
have in contemplation, of introducing a gold currency, it is not impossible that the Japanese coin would by degrees obtain some kind of foothold as a medium for commercial transactions, and that ultimate- ly the Chinese might find the advantage of following suit and adopting a gold standard for themselves. Nothing short of this would put an end to the silver trouble and the low range of exchange, which has been prevalent for so many years.
The steamer Elchu maru, which left Newchwang on the 10th Nov. for Moji, reports that at 10 am, on the 12th a mine was discover-
ed about seventy miles from the Shantung pro- montory and two hundred miles from Port Arthur. In these waters the steamer traffic is very busy, and while the captain of the Etchu haru thought it dangerous to take the float- ing object on board, bearing in mind the recent mine explosion at Moji, be also thought it still more dangerous to leave the mine to be a danger. Finally one of the sailors volunteered to attach
a rope to the mine. He jumped overboard, and having fixed the rope, the mine was towed, and ultimately delivered to the Japanese Naval authorities at a Korean port. The act of the seaman certainly deserves, says the Kobe Cronicle, generous recognition.
IN SUMMARY JURISDICTION.
BEFORE HIS HONOUR T. SERCOMBE SMITH (PUISNE JUDGE.)
WONG TAI FONG V. TAM MAN SAM.
Mr. Hays having no objection, the writ was amended accordingly.
Continuing (cross-examination), witness said This case, in which the plaintiff sues the de- that it was not on the 23rd November that the
next.
THE MAN YUEN V. 8. FERRIER.
In this case the plaintiff firm, provision dealers, sued the defendant for $117.68, on
account of provisions sold and delivered.
The defendant explained that his boy "chowed" him for $30 a month, and he had paid the boy; the account was not his.
After hearing the evidence Mr. Justice Smith decided that the defendant was li-ble and gave judgment for the plaintiff with costs.
FUNG TSOI V. THE HONGKONG ELECTRIC TRAMWAY CO., LD.
This case, in which the plaintiff snes the defendant firm for $36.58, was fixed for hearing on Thursday next at 2.15 p.m.
OTHER CASES.
next:-Chan Kin (ho v. Chan Ting Ou The following cases were fixed for Friday
(8500); Gunda Singh v. J. A. Silva ($138) Gunda Singh v. J. M. Silva and another ($80); Ngai Fook v Wong Lan (895.70); Soojan Singh v. M. da Silva Guimaraes and another ($120); Mall Sing v. Yung Kwing Chim (82). In the following cases judgment was given for the plaintiffs with costs: The Colonial Treasurer v. Lin Sin How (89 25); Gujar Singh v. S. Soonderum ($60); Pagat Singh v. M. Rabfiek ($50); The Kwong Fuk Hing v The Sze Shun Wo (859.04); Chau Pak Wai v. Tsoy Tang ($699.60); the Victoria Di-pensary v. A. C. Dierchs ($53.30); Cheang Tsun v. Li Teun Ma (8180).
The case of the Hongkong Butchery Co. v. Monday at 10.15 a.m. H. Howarth ($92.47) was fixed for hearing on
In the case of the Cheong Hop firm v. The Kwong Ya Lung ($171,59) judgment was given for $111.59.
The case of Cheong Lee & Co. v. Dick Daly ($59.65) was fixed for hearing on Tuesday next at 2.15 p.m.
In the case of The Hing Fat Cheung v. The Kwong On Lung (8159.37) judgment was given
for $142.73.
The case of Chan Hu v. Bessie Radcliff ($146) was fixed for he..ring on Monday at 2.15
p.m.
The case of Howley v. the Hongkong Hotel Co., Ld. (84.50) was fixed for Tuesday at 10.15
a.m.
Monday, 5th December.
IN SUMMARY JURISDICTION.
BEFORE HIS HONOUR MR. T. SERCOMBE SMITH (PUISNE JUDGE.)
HONGKONG BUTCHERY CO. v. H. HOWARTH.
|
previous. Witness had threatened to sus the defeudant before that.
By the Court-The supplies were stopped during an interval of six weeks between the time of issuing the first and second pass-books. He did not ask the boy why he did not go during
that period. The boy brought the signed paper without being asked for it. For the firm the signature produced was sufficient; they gave supplies during November and December. It was about the 9th December that the supplies were stopped. Defendant was asked for the money, and he told the shroff to wait till his boy returned from the country.
His Honour-You ought to have brought this action a long time ago.
The proprietor of the Hongkong Butchery Co. denied getting so much provisions, and said they gave corroborative evidence. Defendant had
must have been on the "boy's" account. Plaintiff went away in June and did not return for several months,
Cross-examined, plaintiff said he did not com- mence the proceedings before June because defendant spoke in "that way"; sometimes accounts were allowed to stand over. account was larger than previously; the boy had said there were two or three more men messing.
The
The defendant denied that he authorised his boy to get goods from the plaintiff firm after September. The chitproduced was in his writing, but, as a matter of fact, he had left it there on the previous month-it was a lie that his boy had brought it.
His Honour in summing up said that the defendant should have given the plaintiff firm written notice when he wished to discontinue; during the interval of six weeks he might have been away at Amoy, or sick, or anything. It was quite clear that the defendant employed the
buy to go to the shop and buy goods, and there was no evidence whatever that this authority had been taken away from the boy. He gave judgment for the plaintiff firm with costs.
CHAN HU V. BESSIE RADCLIFF. The plaintiff claimed $146 on account of goods sold and delivered.
Mr. O. D. Thomson appeared for the plain- tiff; Mr. J. Hays for the defendant. -
Mr. Hays said that they would consent to judgment for 8144.50.
The plaintiff agreed to this, and judgment was accordingly given, execution being stayed till Thursday next.
Tuesday, 6th December.
IN SUMMARY JURISDICTION.
(PUISNE JUDGE.)
In this action the plaintiff firm claimed BEFORE HIS HONOUR T. SERCOMBE SMITH $92.47 and costs on account of provisions supplied through a pass-book in the name of the defendant, a storekeeper in the employ of the C. P. R. Co.
Mr. E. J. Grist appeared for the plaintiff firm; Mr. J. Hays for the defendant.
Sin Ping Un, & clerk in the employ of the plaintiff firm, said he knew the defendant, who first came to see them on the 12th or 13th August. Defendant gave him his signature (produced) and witness issued & pass book. On this pass-book goods w-re supplied during August and September. Then
the defendant's orders ceased for
a
litile
while. Later, the defendant, through his boy, applied for another pass-book. This was given
that was on the 29th or 30th October. Goods were supplied to that boy, the same boy, on that pass-book to the value of $92.47.
Cross-examined-The two months' provisions paid for commenced on the 14th August till the middle of October. The accounts were rendered at the end of each month for the whole amount in the pass-book.
DR. E. J. HOWLEY v. HONGKONG HOTEL CO.
In this case the plaintiff claimed $4.50 from the defendant company on account of the loss of an umbrella from the defendant company's office, alleging that the defendant company had not exercised sufficient care to protect him (their guest) from loss.
Mr. P. W. Goldring, of Mr. Brutton's office, appeared for the plaintiff.
Mr. H. Haynes, manager of the Hongkong Hotel, attended to resist the claim.
Mr. Goldring said he need hardly say that the plaintiff was merely bringing this action to vindicate his own position/with regard to the defendant company; if the hotel company were liable in the case of a small amount, they would also be liable in the case of a larger one,“
The plaintiff, sworn, said-In October la‹t I was residing at the Hongkong Hotel; my board and lodging there was paid by Messrs. Butter- field and Swire. I am a doctor in the employ of that company, in connection with the South
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