January 22, 1906.]
In Summary JURISDICTION.
BEFORE MR-A, G. WISE (Puisn& JUDGE).
A MONEY-LENDING TRANSACTION.
Gojar Singh, watchman at the Connaught House Hotel, sued Chu Lam for the recovery of $58, $50 being balance of money lent and 88 interest for four months. Mr. K. Gardiner, of the office of Mr. O. D. Thomson, appeared for plaintiff, while defendant appeared in person.
Defendant admitted the debt, but he said be borrowed the money from one dijit Singh, who had disappeared. The promissory note, however, showed that the endorsement was in favour of the plaintiff, and judgment was given for him with costs, the promissary note, at defendant's request, being marked as an exhibit in the caso › so that he should not be called to pay a recond
time.
THE WRONG DEFENDAN'T.
Chan Yenn, boatbuilder, sued Chan Ngan Chu, cargo boat owner, for $47.38, balance due for the building of a sirgo bo it. Mr. G. C. Master (of Messrs. Johnson, Stokes and Master) appeared for plaintiff and Mr. F. X. d'Almada Castro for the defendant.
Mr. Master-The repairs were done in 1902. His Lordship-1902? Then you are out of time under the Statute of Limitations.
Mr. Master-Yes, that would be so, my Lord, but there were later payments, in 1904.
CHINA OVERLAND TRADE REPORT.
| a salt junk. They were stopped for about ten minutes. The effect would have been greater
His Lordship-Ab! then that of course makes a difference. I'll hear what you have to say.:
Plaintiff said he had been employed by defendant in building and repairing his boats since 1900. Defendant had male several pay- ments, but there was still a balance of $47.38 due.
¦ with a boat of a bigger draught, because
she would have been closer to the bottom.
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From the books which plaintiff produced it appeared that defendant's sister-in-law gare the order for the boat and asked plaintiff to put defendant's names with hers in his books. It was also the woman who made the payments.
His Lordship, without calling on Mr. d'Almada, asked Mr. Master if he wished to go on.
Mr. Master-No, I don't think so now, my
Lord,
His Lordship-There is no doubt he had been done. Somebody owes him the money, but he has got hold of the wrong person now. There must be judgment for defendant with costs.
Wednesday, January 17th.
IN ADMIRALTY JURISDICTION,
BEFORE SIR FRANCIS PIGGOTT (CHIEF JUSTICE) WITH CAPTAIN MORRISON, NAUTICAL ASSESSOR.
YIK ON 8.8. CO, 1. OWNERS OF
KHANG TUNG.
The hearing of this action for the recovery of damages resulting from a collision was resumed. Mr. M. Slade, instructed by Mr. K. Harding, appeared for plaintiffs, and Mr. E. H, Sharp, K.C., instructed by Mr. H, J. Godge (of Messrs. Johnstou, Stokes and Master), for defendants.
To the Judge-It would take about a minate and a half for the ship coming from half to fall speed to feel and about two minutes if at slow spend,
"Kwang
A Chinese sailor on board the Tung" said he was sent a message on deck and noticed the "Tai On" alongside. Her green light was on a level with their red lamp. Had she come as far forward as the wheelhouse he would have seen when he was there as-isting at the wheel.
The Chinese pilot said he saw the stem of the "Tai On" in front of the funnel of the
Kwang Thug."
After other evidence,
Captain Walker was recalled, and, in reply to|| his Lordship, said he did not take any steps until the "Tai On" was about thirty feet off because he expected her to stop.
Captain Laurence was also recalled and questioned as to times.
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His Lordship-What has happened Mr. Sharp-The man has been arrested this afternoon.
Mr. Sharp then proceeded to argue that plaintiff could not attach defendants' property and afterwards have him arrested. He must pursue one remedy. He could not have both. His Lordship-Hehs attached the property? Mr. Sharp--Yes. Six months ago, Discussion ensaed, after which
Mr. R. Harding interposed-My firm repre- sent the plaintiff.
Mr. Sharp-The matter is extremely urgent. The defendant is the responsible compradore of the Hongkong and Sunghai Bank:
His Lordship (to M. Harding)-Having selected your remedy by way of attachment and having registered your prohibitory order you cannot imprison. That is the decision which I gave in chambers last year.
:
Mr. Harding-I was not aware your Lordship had come to such a decision.
His Lordship-Oh, yes,
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Mr. Harding-I am not prepared to argue the case. You cannot expect me at half on hour's notice.
Mr. Slade then addressed his Lordship in the interests of plaintiff, pointing out that having pursued the judgment and not realising any money they had pursued the other remedy- that was, the arrest of the defendant. It would b's hard où the plaintiff if defendant were to be liberated without security. It was said the Bank could not conveniently get on without him. He had plenty of assistants who actually did the work.
Mr. Sharp He is the person solely respon sible for his department.
Mr. Sharp then addressed the Court. He thought it would be convenient to consider the case under the heading of the defaults alleged against them. The first was that being the overtaking ship the Kwang Tung" did not keep out of the way. That was really the whole case and all the other points revolved on that Dealing with the obligations of an overlaken ship. be argued that the "Tai On" did not get pist and ahead and was therefore wrong in attempting to cross the other's course. Indeed it was inconceivable that the "Kwang Tung being the faster ship and intending to keep in front should allow the "Tai Ou" to pass and then attempt to overtake her when the captain knew that it would mean meeting in that dangerous and narrow chaquel. It was alleged that 'the Krang Tang, attempted to cross ahead of the "Tai On" but they denied that allegation. They merely kept to the starboard side of the navigable chaunel, according to the The Judge-Yes, it might be that he could obligations imposed on them. He refuted the go back to the Bank. I don't want to give a allegation that the "Kwang Tung" was reck-decision from which you would appeal. lessly navigated.
C4
Mr Sharp had not concluded his address when the Court rose.
IN ORIGINAL JURISDICTION,
KWONG YAU HANG #. LAU WA CHAU. Mr. E. H. Sharp, K.C., made an application in the action Kwong Yan Haug against Lan Wai Chau, who was the compradore of the Hong- kong and Shanghai Bank, and others. He understood that the writ of execution was issued on July 24th las', and nothing had been done, except that his property had been attached on the date mentioned, until that day, when he had been arrested for some debt ten minutes ago. He asked leave to apply at short notice half an hour later (4 o'clock) to set aside that
it. The man, he understood, was at that
moment in the Registry.
His Lordship granted leave to apply. When the case was called later,
Mr. Sharp stated that judgment was given ou June 26th and 30th. 1905, against Lau Evidence for the defence was continued. Wai Chun and, on July 6th, the judgment was Mr. Cordeiro, the chief engineer on beard the
registered in the Land Office against a large "Kwang Tung," who was on duty at the time number of his properties. The writ of oxedu- of the collision, said the ship was going at half tion was issued on July 24th and a prohibi- speed, there having been no change since I a.m. tory order on the same day against a large At 5.22 full speed was put on. When that number of properties. Lan Wai Chau gave order came he was down in the engine room.
a mortgage to the Hongkong and Shang. Their half speed represented travelling at about hai Bank on July 14th, 1905. On July seven knots an hour. The maximum speed at 21st a letter was written by the plaintiff's her trial was 11.4, bat her ordinary speed was
solicitors to the defendant's solicitors calling 10 knots. Unless they were late they usually
attention to the fact that the judgment bad a low pressure of steam on approaching was registered on July 6th and that it Canton. After putting his engines full speed would take precedence of the mortgage. That witness came on deck and saw the Tai day a letter had been addressed by plaintiff's On" approaching on the port side. She solicitors to the bailiff stating that they found gradually overhauled them, and he saw her chief the defendants' properties had previously been engineer, to whom he waved, and who replied in a mortgaged and asking the bailiff to arrest the like manner. The funnel of the "Tai On" defendant under the execution. The letter might have been level with that of the "Kwang showed that they were aware of the mortgage Tung" when he went below. The next order from the beginning. The judgment was which he received was full speed astern, at registered on July 6th and the mortgage 5.28, but before that he had felt the collision.
was not registered till Ju'y 15th, so that the He put the engines astern for about half a judgment took priority. minute and then he stopped in obedience to the order received. When he felt the collision he sent a man up who told him that they had sunk
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His lordship-Now you move to discharge the warrant for his arrest ?
Mr. Sharp-Yes.
Mr. Slade-Phe plaintiff in this case is barslily treated if this man is let go without any security.
His Lordship-As a matter of fact he is wanted to complete the day's accounts,
Mr. Howell, bailiff, made a statement to his Lordship.
After further remarks had been exchanged, His Lordship-As you are both present, I prefer to give a decision on the same lines as I did in chambra I felt so strongly about it when I constructed the rule at the time. I feel that is the decísion I shall give. I will go to this extent. I should not alter my opinion without consulting my brother judge.
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Mr. Slade said it was very hard on the plaintiff.
Mr. Sharp explained that the next step after the attachment of the prohibitory order was the sale of the properly, but the plaintiff had not applied to his Lordship to sell the property. Mr. Slade then pointed out that the law gave both redress,
His Lordship-Yes, if necessary. The prac- tice must be tested in the full court.
Mr. Slade said they hal got the man now. That application had been wade and he did not think his Lordship ought to meet it without giving plaintiff an opportunity of bringing it up
His Lordship replied that the practice being what he established in chambers it must be conformed to, and the writ of execution in so far as it affected the imprisonment of the defendant would be set aside,
Mr. Slade hoped bis Lordship would reserve power to plaintiff to apply again for his arrest.
His Lordship-Oh, yes. He added that the writ had better be suspended in so far as it related to the imprisonment of the defendant.]
Mr. Sharp asked for costs.
His Lordship reserved these till final judgment was given.
IN SUMMARY JURISDICTION.
BEFORE Mr. A. G. Wise (Puisne Junge,
A PROMISSORY NOTE. Wong Yin alias Ping Tsing Tong brought an action against the Tai Loi Chan Wo Ki for the recovery of the sum of $945.72, money due on a promissory note dated February 2nd, 1905. Mr. F.P Hett (of Messrs. Brutton, Hett and Goldring) appeared for the plaintiff.
When the case was called Mr. Hett said that Mr. R. A. Harding had been acting for the
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