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*** IN SUMMARY JURISDICTION. “BEFORE MÉ. A. G. Wise (Puisne Judge).
STBANG KEn v. Tsang SHUI HUNG, This was a claim for 820163, being as to $169,45 part thereof for money lent to the defendant, and as to $32.18, the residd; th 'reof for goods - suppliel to the defendant, at the defendant's request.
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Mr. R. Harding ( f Messrs. Ewans, Harston and Harding) apparel for the plaintiff, and Mr. B. F. C. Master (of Messrs. Johnson, Stokes and Master) represented the defendant.
Mr Mas'er raised the preliminary objection that this action ought not to be brought, seeing that his Lordship had previously non-suited Mr. Harding.
His Lordship-I non-suited him because ba had not sufficient evidence to prove his case, but I presume he has more now. If he has be can bring the action again, but had I given judg- ment for the defendant on the previous o 'casion he could not have brought it.
Mr. Master-Your Lordship held on the last occasion that the receipt put in by the defend. ant, which he received from the plaintiff, was in full settlement of the plantis claim.
Mr. Harding-Owing to the evidence I called on that occasion, your Lordship thought it might be..
on
His Lordship decided to go on with the case. Mr. Harding, in opening, stated that some. time in May last the plaintiff charged the defendant with the embezzlement of a certain sum of money amounting to $1,062.2) rec ived by him on account of the plaintiff from the Hanghom Dooks. The Magistrite did not convict the charge, saying that there seemed to be a question of account. The defendant said he had a right to pay the money on behalf of the p'aiatiff, and after making certain payments he handed back the balance of the money ho- ad receivel from the Hanghom Docks, which the plaintiff agreed to —" Whit was done with sco-pt. The question was.- the money received from the Hunghom locks"? Mr. C. E. H. Beavis stated that in May he acted on behalf of the present plaintiff in certain pol'ce court p oceedings wherein the defendant was charged with embezzle nent. After these procedings correspondence took place betw en Mr. Harding and witness with reference to acconuts The copy account produced showed that the aman* spent by the present defendant was $771.28, which 14 balance das to the plaintiff of $.9101. The receipt proda ed (in with 33's hand writ- ing) for $317.17 referrel to the 8 ibject mi'ter of the embezzl-meat claim:
His Lordship intimated that he would like to hear Mr. Master, but Mr. Master expresied a wis' to first put the defendant in the witness bor
His Lordship-Dɔ you think it is of any use, for his own sake, in face of Mr. Beavis' evidence ? Call him if you like. I don't mind, but I think it is dangerous, a: I pr sume he will r peat what he said befo.e
Mr. Master-I don't know, my Lord His Lordship-We l, if he does not he is done again.
Judgment was given for the p'ain'iff with osts.
Thursday, 7th September.
IN ORIGINAL JURISDICT.ON. BEFORE SIR F. T. PIGGOTT (CHIEF JUSTICE) H. SCHWER AND OTHERS. W. TON UFFEL. The following issue of law were submitted for his Lordship's decision in this case: -(1) Whe ther the jurisdiction of this Honou al Court to decide this action- is or is not ousted by the term of the partnership agres a-nt which was entered into between the plaintiff and the defendant. (2) Wh-ther the plaintiffs' olsim in this action is or is not res judicat 1. (3) Whether the continuan-e of these present pro- ceedings by the plaintiffs against the defendant
a'e ör åre not vux 1tions and embarrassing to the defendant, and an abuse of the process of the Court
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Mr. E. H Sharp, KC, instrucʻed by Mr. H. WapLooker (of Messa Deacon, Looker and Deacon) represented the plaintiffs, and. Mr. H. E. Pollok, K.C., instructed by Mr. Hurst-
THE HONGKONG WEEKLY PRESS ÁND
house (of Messrs. Denoys and Bowley) appeared for the defendant.
After hearing further argument his Lord- ship reserved his decision.
IN SUMMARY JURISDICTION.
BEFORE ME. A. G..Wise (Puisne Judge).
NGAT LUM V. KWONG TAK CHEONG. The plaintiffs claimed the sum of $437.17. balance due for work done and material supplied th, defendant,
Mr. P. W. Goldring (of Messrs. Bratton, Hett and Goldring) appeared for the plaintiff, and Mr. C. E. H. Besi (of Messrs. Wilkinson and Grist) represented the defendant,
Mr. Goldring stated that he had supplied the defence with particula s of claim, and the defen- dants had served a notice of set-off, and paid int Court the sum of 37 cents. being the difference between the amount of the set-off and the amount claimed. That the plaintiffs c uld not accept, and as the defendants admitted the account, the question really in dispute was the set-off.
His Lordship-Is that so, Mr. Bavis? Mr. Beavis-Yes, my Lord, but I have one objection to raise. My friend is bringing an action on behalf of a firm, and under Section 484 of the Cod+ the plaintiffs or their solicitor shall, on application in writing, forthwith declare the names and addresses of the partners of the plaintiff firm, I have applied to my friend for such names and addresses, but they have not been supplied.
His Lordship-The writ has been is ued since 17th July, why didn't you take this preliminary objection long ago?
to costs.
Mr. Goldring-I know the names of the partners, but do not know their address08. The object of my friend's application is with regard I have a considerabls sum of money in my hands and will undertake to pay thom.
His Lordship What they are applying for are the names and addresses.
Mr. Goldring-I have got the names, my Lord.
His Lordship-But the addresses? Mr. Goldring-I cannot get them! His Lordship-Well, I must adjourn the
୯୫୬,
and if you do not supply them by to- morrow, on their app'ication I will non-suit the
cas'.
Mr. Goldring-If, your Lordship will hear me a little further.
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His Lordship-It is n good trying to argue, Mr. Goldring. The 1 w sys yon must give the addressos.
M. Goldring-What particulars must I give?
His Lordship-If you give addresses in the interior of China they will ask for costs, I suppos.
Mr. Galdring-I have given t'em a garantee for costs.
His Lor Iship -You must give them written notice by to-morrow.
Mr Go'dring-I can do it now.
His Lordship-Why didn't you do it before? Supply it by to-morrow. Until then the case is adj urn d.
TWO CHINESE EDITORS BANISHED!
FROM THE COLONY.
One of the Chinese newspapers in the Colony publishet on Sept. Ist a cartoon representing a lady bring carried in a choir by fou tortoises. Though the lady was represented as a Chinese, the accompanying letterpress indicated that Miss Roosevelt was referred t. Briefly the characters might be interpreted as stating that the Chinese had been driven like uncles things fro a the doors of the United States and that chair- coolies who carried any m mbers of the Taft party when they came to Hon kong would be unclean ind ed." We learn that the Government took action against the paper as Foon as the objectionable cartoon came and r their notice, and two editors of the paper were banished from the Colonyj
The cartoon is, we understand. a reprochlion of one which has ben extensively Canton and for which ose person, been arrested in pursuance of orderi the V ceroy,
[September 9, 190%.
CANTON
(FROM OUR CORRESPONDENT.)
VICEROY SHUM APPEALS FOR DISCHARGE, Canton, 1st September. His Exe l'ency Viceroy Sham has twice memorialised to the 'throne for leave to proceed tɔ Japan to recrnit his h ́alth, but was on both occasions refused by the throne.
He was, however, in both instances granted two months vaca ion to take rest in Canton. The excuse given by the throne is that the government has been unable to procure an intelligent and suitably endowed official who is competent for that important position. Owing to his recent illhealth, the Viceroy has, however, sent another memorial to Peking. It is and that this time he implored the throns to permit him to resign the viceroyship of the two Kwang. The general opinion here is that the throne will not acce le to his
but prayer, may probably grant him s'x months leave of absence.
PREFECT APPOINTED TO EXAMINE
ACCOUNTS. In my correspond -
no of the 25th ultimo. I mentioned that the Po Wai Ying was order of Viceroy Shum. abolished by Sings then I have heard that the Provincial Treasurer ant the Sui Hau Kak had petitioned the Viceroy requesting him to issue a decree to appoint Prefect Clung, director of the Li Kin office, to examine the accounts of the Po Wai Ying, to odlupon Colonel Yong Chik Fang to account for all the tax collected by that department since its establishment, and to give a statement of t'e s'aries he had dawn and "presents" received by him, and to find out whether he had appropriated any funds of the To Wai Ying. Colonel Yeong's time will be fully occupied for the next two weeks furnishing these statements. In the meantime I believe the Viceroy will depate a me other military officer to attend to the rendition cases that are pending in Hongkong.
ESTABLISHMENT OF BUDDHIST TEMPLES
BY JAPANES ‘.
A Japanes monk wrote a letter to the Poon Yi Magi-trate informing him that he has established a Buddhist Temple in Ko Tai Ksi, Cauton, and requestel the magis rate tissue a proclamation for the profestín of the Temple. Tuo magistrate replied th if he dil not see any Imperial Edict from th Peking Government, nor had he received any despatch from the Viceroy permitting Japaness monk to co ne to Chin to preach the Buddhist religion, conse- queaty he has no authorf'y to issue the pr clamation applied for. It appears that the monk did not reat the Lous himself, but get a clerk in the prefect yamen to rent it from the lan lord for his family to live in. When the landlord heard of the communications theh d passed between the monk and the Pon Yü magistrate, and that his house had been turned iuto a Temple, he immediately petitioned the mag rate for an ej-ctment order.
AMERICAN ROYCOTT.
Thy Boycott Committee decided sometime agɔ that as they have diso vered t' at the maj rity of tie tes slos, restaurants and eating honses have 1 rge s'ocks of Am rican flour in hand, and it would be too hard upon them to prohibit them from using i at oslo tanɔtice. the committee has alloweit en to make use of their st ek ap to te 15th day of tài 5th moon, Lut af or that day (Ley will not ba pɔrmitted to use American flour for making* p stry, &c., Every year, the Si gapore people give very extensive orders for in on cakes to tie tai shops and retaniants here, and the orders are given two or thr e month before the mɔon
festival. I have just bce informed t'at a great many of the e shop h ́ve ale ady received letters from Sing, pore cat cel ing their orders as they bave heard t1 at all the moon cakes are made of Am r.can's flour. Th...e will be cheap : moon cakes for sale in the market very skin as the total sum for orders of this cake för Singa. pore s'one is estimated between tw. n'y to thir y thousand dollars.
2nd September. Yesterday the Poon Ya maginhată: cent to the White Cloud mountains for (Le pu po e of examining the sanitāra (in of all the monasteries there. I believe h1⁄4 wis debuted to do so by Vic roy Bhum bacan I have been
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