April 8, 1905.]
layman to understand the dictum that the water covering the area used or to used for dock purposes is not, in the ordinary, everyday dictionary meaning of that term, the site of that dock. But reverting to tho Magistrate's definition, and accepting for the moment the dictum that water cannot constitute a site, were these boats not attached to the ground-site when they were tied up or moored
$
The Telephone Company in addition to opening an Exchange in Kowloon have resolved to reconstruct the entire system of tel phone communication in the Colony, at a cost of something like £10,000, and the work is to commence forthwith unde: the direction of the new manager, Mr. W. L. Cartor. Tie re- construction has been rendered necessary by the development of other electrical enterprises in the Colony like the tramway and the exten- sion of the Electrio Light Company's mains. This, in ways which electricians will understand has impaired the efficiency of the telephone service, and the only way to obviate the humming noises on the wires, which at times renders con- versation extremely diffoult, is by substituting the metallic circuit system for the present single wire or earth-cirouit system. In the central portion of the City the cables are to be carried underground. When this new system is inaugu- rated Hongkong will have a telephone service as officient as any in the East, and the Com- pany might then consider the advisability of opening a few public call offices. Telephonic communication with ships in the harbour would also be a great convenience, and I believe the feasibility of such a scheme has been under consideration.
{
'Quite recently," writes a correspondent "there was a paragraph in the Daily Press saying that the correct way of writing the name of this Colony is Hongkong, and not Hong Kong Is it not a fact that H.E. the Governor prefers the capital K (vide the printed address on Government House stationery)}" My answer is that I am unable to say whether it is a fact or not that His Excellency prefers to see Hongkong printed as two words, but if I recollect aright, Government House stationery has always separated itself in this respect from the usage observed in official documents. The suthority for writing Hongkong as one word is the Charter of Incorporation, and at the time it was first published in Hongkong, it was accepted as final authority for that form of writing the name of the Colony. Though Government House stationery may be sixty years behind the times in this respect, I never see an official publication with the name of the eolony spelt in two words.
In the course of a criminal trial at Tientsin
before the Portuguese Chargé d'Affaires, the Judge stated very emphatically that under Portuguese law every gambler is guilty of vagabondage. The following conversation passed between Defendant's Counsel and the Judge:
Counsel: Some time ago I heard that the Government of Macao had legalised gambling.
The Judge: That is for Chinese, not Portu- guess. If a Portuguese is detected gambling, ha is punished.
Counsel: Will the defendant be punished for gambling?
The Judge: He certainly will be punished as a gambler. I don't need the law for that. He admits he is a gambler, and as Portuguese Minis- ter in China I must uphold the Portuguese law in China. A gambler is not fit to be in any
settlement in China, and as soon as this case is finished he will be sent to Macao, you may
be
sure.
Minister in China.”
I don't do it as Judge, but as Portuguese This little extract will vastly amuse those who know the Portuguese Colony of Macao, which is often described as the Monte Carlo of the East. The Portuguese Government of the Colony derives the bulk of its revenue from the licensing of fan-tan establishments. "For Chinese," the Portuguese Minister would add but there is no secrecy about the fact that these establishments are largely patronised by Portu. gusse subjects and others, and I have never heard of one being punished for gambling. Officials, I believe, are prohibited, but on oo tain high days' and holidays, like Chinese New Year, the prohibition does not appear to be rigorously
CHINA OVERLAND TRADE REPORT.
"
At a meeting of the South African Gold Trust in London recently Lord Harris, the Chairman, said that the treatment of the
215
enforced. Then there is the famous lottery | his salary was $200, so it is possible that this "Santa Casa da Misericorda de Macau run by mistake is through some clerical error in the a Portuguese Society whose director's name is office of the plaintiff's solicitors. Unfortunate- printed on the tickets. Nobody during the ly there is nothing in writing, and as this is the eight or nine years this lottery has been in case I am thrown back on the evidence of the existence has been prosecuted for gambling. The plaintiff to prove what the agreement with Editor objects to prise competitions, or I would the defendant was, and the same remarks give a prise to the reader who can find anything apply to the evidence of the other side. more farcical in all the Gilbert and Sullivan operas The plaintiff is supposed to have proved his case. than this sentence of deportation to the Monte but I think there is no proof that such contract Carlo of the East for the offence of gambling at
which he sets out was made. It appears Tiantain.
that the plaintiff WAS asked to ride for the defendant at Foochow and got $300 for that object. He abandoned his work at Mr. arty's office, and left deliberately knowing that he would not be taken back. He went to Foochow and stayed with the defendant. Both came to Hongkong and both went back to Foochow. The plaintiff did a few sota, such as sending telegrams, but these acts were quite consistent with the friendship the defendant had extended to him, and nothing more than a man out of work would do for a friend. satisfied that this contract (for supplying coelies, has as yet not been consummated, and that the defendant never obtained the contrast. My opinion is that what the defendant did was to say to the plaintiff "I am expecting to get a contract, and if I obtain it I will put you in charge of the job, and will also give you commission on the profits." I am not satisfied that there was any contract between the parties in which the plaintiff was engaged by the defendant at a fixed salary of $200 per month. Judgment for the defendant with costs.
Chinese on the Rand had been so considerate · so libera', that in cons-quence of letters received from Chinese on the Rand by their relatives and friends in China, the volunteers for immigration were now coming forward in good numbers without any solicitation from the recruiting houses. Where are they all! For weeks past a number of coolie emigrant ships have been waiting in Hongkong harbour for coolies, and now, as additional evidence of the failure of the scheme we have the announce ment of the withdrawal of Mr. W. Cowan, the Transvaal Emigration Agent stationed here.
I learn on reliable authority that owing to the increase in the cost of food in Hongkong the War Office has mu ifcently increased the ration allowance of the officers of the local garrison by five cents Mexican per day. I am able to positively deny the rumour that officers have been cautioned by the War Office not to lavishly entertain on this extra allowance.
BANYAN.
SUPREME COURT.
Friday, 24th March.
IN ORIGINAL JURISDICTION.
BEFORE SIR H. S. BERKELEY (CHIEF JUSTICE).
RE THE SAM YEE CO., LD. Mr. Norman Ferrers (instructed by Mr. P. W. Goldring of Mr. G. K. Hall Brutton's office) said :-This is a petition for the winding up of a Chinese Company kuown as the Sam Yee Company, Limited. I appear on behalf of a petitioning oreditor, Luk Lai Cho, who is man- aging partner of the Yon On firm of 32, Bonham Strand East. My application is for the wind- ing up of the Company. No one appears in Court, but I understand that there are parties not represented here now who will appear. I do not think it will be necessary to read the petition because I desire to ask Your Lordship that the matter be adjourned sine die. The creditors of the Company may come to an agres- ment, so the decision of the Court may not be required.
His Lordship assented.
IN SUMMARY JURISDICTION,
BEFORE MR. T. SERCOMBE SMITH (PUISNE JUDGE.)
E. M. LE VERGER V. F VETCH.
Monday 27th March.
I sm
IN ORIGINAL JURISDICTION.
BEFORE SIR H. S. BERKELEY (CHIEF
JUSTICE).
WING. CHONG FAT FIRM V. KWONG TAK
WING FIRM.
This was an issue as to whether Wong Sun Nam WBS & partier in the Kwong Tak Wing firm. Mr. H. E. Pollock, K.C., instructed by Mr. H, G. C. Bailey (of Messrs. Johnson, Stokes and Mas ér), appeared for the plaintiffs, and Mr. H. G. Cal hrop, instructed by Mr. G. Hastings (of Mr. John Hastings' office) for the defendant.
Mr. Pollock-The plaintiffs have obtained judgment against the Kwong Tak Wing firm, and an order was made by Sir William Good. man on the 20th July to see if Wong Sun Nam was a partner in the Kwong Tak Wing firm at the time the cause of action arose, February, 1904. An amount of four had to be delivered between February and April 194, was delivered, we did not get payment, and sued the Kwong Tak Wing firm for the price of the flour. The defendants did not take up and pay for the flour and we sold it by public auction at * loss. This action is also a test for a second action, as my friend, Mr. C'althrop, consents. The present action, No. 85 of 1904, will govern a similar issue in No. 86 of 1904. It is rather important to refer Your Lordship in the first instance to ад affidavit filed by the defendant showing the position he takes up with regard to the matter of partnership. The affidavit is dated the 15th July 1904, and in it the defendant devies ever having been a partner in the Kwong Tak Wing firm, and this is a very important allegation in view of the evidence I shall call in this action. The evidence on behalf of the plaintiff will show that the plain- After hearing the case, His Honour, in giving tiff firm was started in November or December judgment, said:-Here the plaintiff originally 1899, and a few months afterwards the defendant claimed $750 for three months' wages due to firm was started. In February 190 a flour com- him for work done during the three months of bine was formed between the plaintiff firm, the January, February, and Mareh in connection defendant firm and four other firms. I under- with the supply of coolie labour for Indo- stand that the object of this flour combine was to China. To-day the claim
to buy flour to be imported from Portland, Oregon. make $600 for two
wages for The four came in single shipments from the January and February, and $2.0 is included Pacific ports, and these shipments were divided
lieu of notice for the month ΟΙ in
into six lots, one for each of the respective March. I thought at first that the original firms. The fur was to be paid for by drafts. claim for salary at $250 per month altered drawn by the Portland Flouring Mills Company to-day to $200 per month might show that the of Portland, Oregon, on the respective consigne-s plaintiff himself was not quite sure of the terms of the flour, each consignee having a bill drawn on him. I think the payees in sach instance of engagement, but it was pointed out that in his affidavit of the 10th March he had said that were Ladd and Tilton, who, I suppose, are
Emile Michelle Verger claimed $600 from Francis Vetch Mr. D. V. Steavenson (of Messrs. Deacon, Looker and Deacon) appeared for the plaintiff, and Mr. G. K. Hall Brutton for the
defendant.
is amended months'
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