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first order, was afore and account of the profits, and the second, which was more detailed, for an account of the payments and receipts showing the net earnings and the amount due to plaintiff at 15 per cent. of the net earnings. On 19th December defendant filed, a long detailed account under the order of 4th November, and this account showed a balance due to the plaintiff of $11.31. His client paid $14 99 into court in the first instance, and the accounts showed that even less was due. Plaintiff was dissatisfied and disputed the account, and there was a long inquiry before the Registrar. Practically the whole of the costs of the action were incurred at that inquiry. Counsel attended on both sides. On August 16th of this year the Registrar filed his o:rtifi- cate and found that the account was absolutely correct and that only the balance shown was due to plaintiff.
The Chief Justice-And now you apply for judgment. You paid that into court.
Mr. Sharp-We paid a little more into court. I think the law is clear, 'The Registrar's finding is binding on both parties. If either party is dissatisfied he must apply to discharge or vary that certificate within 21 days. The certificate was filed on August 16th and now #pplication has been made.
Mr. Ferrers-The whole point is that what the we never had any notice of Registrar was doing. He then read the affidavits of Mr. D. Almado and Mr. Looker, solicitors for plaintiff and defendant respec- tively. The former said he had no notice of the settlement and the latter stated that so far as he knew the draft certificate was shown to Mr. D. Almado.-
The Chief Jurtice said he could not see why notice should be given.
After further debate his Lordship gave judg- ment for plaintiff for $11.31, the plaintiff to have costs up to proceedings connected with the rendering of the account, but defendant to have costs as to the inquiry
Wednesday, 13th September.
IN SUMMARY Jurisdiction...,
BEFORE MB. A. G. WISE (PUISNE JUDGE).
NGAI LUM V. KWONG TAK CHEONG. This action, which had been partly heard, was for the recovery of $457.17 due for work and material supplied the defendant,
Mr. P. W. Goldring (of Messrs Brutton, Hett and Goldring) appeared for the plaintiff, and Mr. C. E. H. Beavis (of Messrs. Wilkinson and Grist) appearel for the defendant.
Mr. Goldring stated that the cise was adjourned for him to supply the addresses of the parties. He thought the other side had admitted his claim, which was now settled.
His Lordship referred to the counter claim which they had better settle.
Mr. Goldring replied that they questioned the amount of the set off..
Captain Douglas, marine surveyor, said he knew the Ying King and knew defendant's slipway. The proper rent of the slipway for such a boat would be 8200 the first day, while a fair price to pay workmen engaged on the propellers was 50 cents a day for exper:s. About twelve, or twenty men at the outside, would be at work on the propellers at one time.
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THE HONGKONG WEEKLY PRESS AND
which was to be replaced by a new one, as it would not last long owing to its constructio., the plaintiff firm would pay. The Ying King was taken to the slipway, and the propellers were examined in the dry dock, not only by defendant but by his engineer and were con- sidered unsatisfactory. Defects were pointed out to the manager of plaintiff's firm, who under- took to put in two new propellers as soon as possible. Defendant now charged plaintiff firm under the guarantee for the expense of docking, $375, and with regard to the new propellers, which plaintiff firm were asked to put in, de- fendant had paid $81 under the guarantee. That was how the set off was arrived at.
The
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manager of plaintiff's firm give evidence bearing out counsel's statement. He said that he considered the charge made for docking was reasonable.
Cross-examined. He was only a manager and rot a member of the firm, He was left when the other partners ran away from the Colony. He went to Canton himself.
Chu Hing, manager of the Ngai Lam, was alled,
His Lordship-How is the firm suing when they have all up away?
Mr. Goldring-The manager is here. His Lordship-There is no firm; you have no status.
Mr. Goldring-There is a firm. my lord. Mr. Beavis-This person says he is the manager, I don't know from whom Mr. Goldring takes his instructions.
Mr. Goldring-From the manager, His Lordship-Suppose the plaintiff wins, who is to receive the money?
Mr. Goldring-I would give a receipt for it. His Lordship Are you appointed by the Court; or did you appoint yourself?
Mr. Goldring-I have full authority, my Lord, signed by the firm's chop.
His Lordship Oh. very well. Witness stated he joined the firm as manager in February, 1994, but unfortunately it did not last long and ceased in November of that year. The contract for the propellers was signed before he joined the firm, but the second set were examined by Kwan Tin Chok who pro- nounced them good and they were delivered. Yuen Chok Hing, accountant in the Ngai Lam firm, gave evidence as to the use of the chop Mr. Goldring said that unfortunately the books of the firm had been burned.
His Lordship -Yes, it is unfortunate. Mr. Goldring submitted that the defendants in their set off had adopted a wrong proceeding to bring a cross action for damages on the warranty. His Lordship-I don't think it is a warranty. Mr. Guldring-If they were discontented it was their duty to bring a orcss action and not set up a set off.
His Lordship-It is a right case for a set off -in the circumstances.
Mr. Goldring Your Lordship is against mɔ there ?
His Lordship-Your difficulty is this. There is no firm. There is only one man who had power to act on their behalf and he is on the
other side.
Mr. Goldring-Yes.
His Lordship-There is only one man's eri- dence that is worth anything, the manager's, and he says they are right.
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[September 18, 1905,
Debtor, in reply to the Official Receiver, said he was a contractor. He commenced business four years ago, and during that time he had contracts for building houses. His business was at first a company, but he had carried it on alone during the last two years. He com- meno-d business with $2,000, but he lost money on each of three contracts. He received all the money for the contracts except $3,000 from Li Mun Pan.
His Lordship-That is his asset, then ? Mr. Wakeman-Yes. Debtor added that he had been a sleeping partner.....
His Lordship As the other man has run away he will be a sleeping partner with bimsəlf,
The examination was close 1.
CANTON.
(FROM OUR CORRESPONDENT.)
7th September.
IMPERIAL EDICT.
I mentioned in my correspondence of the 1st instant that Viceroy Shum had sent i memorial to Peking imploring the Throne to permit him to resign the viceroyahip of the T'wo Kwang. I have just heard that he has received an Imperial Ediot (by cable) from the Wai-wu-pa granting him one month's leave to: take rest. Perm ssion was als› given to him to turn over all his duties to the Provincial- Treasurer; but if any matters of importance should a is he is requested to give his personal a tendence...
CUSTOMS NOTIFICATION..
I have just received the following notification from the I. M. Customs bere:-
"Notice is hereby given that this Office will be closed for the transactio of public business, and the shipment and discharge of cargo suspended, on Wednesday the 13th instant (the 15th day of the 8th moog)-the Chinese Mid- Autumn Festival.
(Signed) F. J. Mayers. Acting Commissioner of Customs. Canton, 7th September, 1905.
PO WAI YING,
The deputy that was appointed to examine the accounts of the Po Wai Ying has already forwarded his report to the Sin-Han kuk. It states that many corrupt and incorrect state- meuts have been discovered in the account books; and that it would be very difficult to find out all the false entries. It is also stated that several items of misappropriation of the funds of Po Wai Ying bave been found out. The Sin-Hau-kuk has s nt a petition to the Viceroy enclosing the deputy's report.
CHAMBER OF COMMERCE.
His Excellency has appointed Cho Sia Chuk alias Cho King Hing to be president, and Chan San Shan (Tactai) to be vice-president of the Chamber of Commerce in Canton, and they will take up their respective offices to-morrow.
ROBBERY.
At about 3 p.m.. yes erday, eight robbers entered the Fook On fantan house in Sheung Kwai Fong, Honam. They took all the money that was on the fantan table and ran away. The braves that were posted outside the house pursued the robbers and when they got near Sin Chung, the thieves, who were all armed with revolvers, fired on the braves but luckily they all escaped unhurt. Unfortunately, two men in the street were shot. One was instantly His Lordship-Idon't think it is a wrongshóp. killed; and the other, seriously wounded, wasan Mr. Goldring submitted that the story of carried back to the fantan house, None of the defendant was trumped up to get out of pay-robbers have been arrested yet ment to the representatives of Ngai Lum. The set off could not possibly succeed, while the particulars of their claim were excessive.
Mr. Goldring-Yes; but the document is not properly chopped.
His Lordship gave judgme t fr defend int with costs after paying into court plaintiff to get costs up to the payment into the court. He would, therefore, take his 37 cents.
Mr. Beavis stated defendant's case. About October, 1908, the st amship Ying King was built, and in this the defendant's managing partner was interested. Defendant-ordered the plaintiff to build two propellera and do other work for the Ying King, but on the propellors being examined by the representative of the defendant firm they were rejected as unsatis- factory. Ultimately as defendant was anxious to get the ship in the water, defendant accepted the propellers for six months under a letter of guarantee. The vessel was placed in the water in January, 1904, made her trial trip, and then started on the run between Canton and Macaɔ, Somewhere near the end of May, 1904, an accident occurred to one of the propellors, through its striking a rock, and shortly after wards the propellers were examined.. As ́a result of this examination, defendant's man.
SA BUILDING CONTRACTOR'S FAILURE. er ordered two new propellers.
Ho Hang Tum, building contractor, Chin damaged by nocident they promised to Lung Street, attended for his examination in
but with reference to the other, bankruptcy.
pay for,
The one
Thursday, 14th September.
IN SUMMARY JURISDICTION, BEFORE ME. A. G. WISE (FUISNE JUDGE),
AMERICAN BOYCOTT. >
It is said that Messrs. Shewan Tomes and Company here have communicat d to the British Consul General that rumours have been spreading in the city that the China Light and Power Company, Limited, is an American concern because they are agents for the company in Canton. Consequently some of the bid chaarcters in the city have out the electric wires and destroyed some of the poles. The B.itish Consal has sent a despatch to Viceroy Shum calling his attention to what has happened. Yesterday the Viceroy ordered the prefect to issue a proclamation informing the people that the electric company is a British concern and a great miny Chinese are also int-rested in the company. That in the beginning. of this year this company had made a contrac with the Chinese Government in which they
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