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June 2, 1906.]
SUPREME COURT.
Monday, May 28th.
IN ORIGINAL JURISDICTION.
BEFORE EIR FRANCIA PIGGOTT (CHIEF
JUSTICE).
COMPRADORES v. CHINESE BANK.
Tang Chenk-hing and Tang Kwai pok claimed from the Shu Yuen Bank the sum of $10,000, being on account of money deposited with the defendant bank.
Mr. H. E. Pollock. K.C., instructed by Mr. F/ C. Barlow (of, Mr H. K. Holmes' office), { appeared for the plaintiffs, and Mr. M. W. Slade, instructed by Mr. R. D. Atkinson (of Messrs. Deacon, Looker and Descon), represented the defendants.
Mr. Pollock stated that the plaintiffs were the compradore and assistant compradore to the Mitani Buasan Kaisha. On February 25th last year the plaintiff Tang Kwai-pok sent Yen 10,000 to the defendant bank for deposit. This money was received from the Mitani Bassan Kaisha at Amoy. When the money was deposited it was agreed that it should be repaid on the plaintiffs' demand, and that meanwhile it should bear interest to be calculated at the market rate од the date of the repayment. The plaintiffs had since demanded repayment, but had been refused. Mr. Pollock stated that they had written cknowledgments of the debt from the defendants, and he would produce the plaintiffs' books to prove that the money was delivered to the defendants on the date in question.
After evidence in support of the plaintiffs' claim had been concluded, Mr. Slade opened the d fence. He said what they alleged was that on the day in question no transaction whatsoever took place between the plaintiffs and the defendant bank. This was a most barefaced attempt at fraud on the bank, and they were prepared to prove it. It was a disgraceful attempt at fraud on the bank. Really what happened between the parties was that the plaintiff was considerably indebted to the defendant bank, had been indebted for some number of years, and when pres ed for payment set up this story of the deposit of 10,000 Japanese yen. That story would be an impos. sible story unless some receipt were produced, so the plaintiff produced a Chinese receipt of the bank's for $10,000. The shroff from the com pradore's office of the Mitsui Bussin Kaisha took these boxes of silver yen to the bank, presumably to sell them, but no arrangement was come to that night and they were left there. Next morning the shroff returned and said his master would not sell them, so they were sent back to the Mitsui Bussan Kaisha, but the receipt was not given up; it was asked for several times but finally forgotten. The man with whom these transactions took place was an old friend of the bank accountant, and as the receipt was of no value they did not trouble to recover it. The document was in the handwriting of one of the accountants of the bank, or rather of a man who
CHINA OVEBLAND TRADE REPORT.
The defendant was then called, and said the note was made by a man named Li Peng who left the Colony two months after he signed the note. Defendant drew up the note.
His Lordship Did you ever receive the money!
was an accountant in the bank six or seven years ago. This man wrote the whole of the document except the first character of the date. Had the money been received by the bank and not paid in at least four men would have been parties to the fraud. The deposit the plaintiffs produced was absolutely inapplicable to the circumstances of the case. They were setting up a case of flagrant fraud, and on a criminal charge the evidence the defendants would pro- duce would be sufficient to convict any men.
Evidence was led and the case adjourned.
BEFORE ME. A. G. WISH (PUISNE JUDGE.)
A CHINESE NOTE.
Defendant-I did not, I did not even siga the document.
Veer Singh sued Lui Ping to recover the sum of 860 dne on a promissory note.
Mr. H. K. Holmes appeared for the plaintiff the defendant being unrepresented.
Defendant denied that his name was attached to the promissory note. The note produced was signed Peng. His name was Ping.
His Lordship (to the interprete:)-Tell him I don't believe him, although at first I thought I was going to. There will be judgment and costs for the plaintiff.
Tuesday, May 29th.
IN APPELLATE JURISDICTION.
BEFORE THE FULL COURT.
Mr. Slade Did I understand your Lordship to say that the side challenging should give notice to the other side?
The Chief Justice-Yes, and produce the translation which be says is more correct
THE ALLEGED CONSPIRACY CASE.
Application was made for leave to appeal to the Privy Council against the judgment of the Fall Court which upheld the decision of bis Honour the Chief Justice in the trial of an issae to determine whether Wong Ka-cheung was a partner in the Lai Hing Bank at the time of its bankruploy. In this case sever Chinese witnesses were sentenced to be im. prisened for three months by the Chief Justice for perjury.
Mr. E. H. Sharp, K.C. and Mr. H. E. Pollock, K. C., instructed by Mr. G K. Hall Brutton (of Messrs. Brutton and Hett), appeared for the appellants.
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himself in difficulty in October last. He lost over $10,000 in one sugar transaction alone and his business was losing, as the market wont against him. He bought it at a high price and had to sell it at a low price. He hat had no other speculations during the last year. He was not able to pay his debta in 1901 and borrowed considerable sums of money during last year. He had every intention to repay the money borrowed. The money he borrowed last year was used in buying angar, but he lost on the transaction. The sum of $8,494, mentioned in his statement of affairs sa good debts, was not altogether good, but he thought $5,000 of it was good. Witness offered his creditors 15 per cent but it was not accepted.
The examination was adjourned sine die.
THE "STAR" FERRY COMPANY, LIMITED.
The annual meeting of the Slar Ferry Co.. Ltd.. was held in the City Hall on the 30th May. Sir C. P. Chater presided, and there were also present- Mesura, A. G. Wood (director), E. Osborne (secretary), G. Murray Bain, H. Percy Smith, W. H. Potts and A. Haapt.
The Secretary read the notice convening the
COURT TRANSLATIONS. His Honour the Chief Justice-Before this case (the alleged conspiracy case) is called on, I wish to say that I have consulted with my learned brother with regard to the question raised in a recent case about the Court Translator. The practice we have decided on is this: that any party may adopt the present practice of preparing a translation and having it certified by the Court Translator. If that translation is challenged, a notice of challenge must be given by the other side, who will produce the transis-meeting, and tion they say is correct, and then either side The CHAIRMAN said :—Gentlemen, -I pro- will have to put in its translation for cross- pose, if it be your pleasure, that we take the examination.
report and accounts as read. As foreshadowed in the remarks I made at our last annual meeting, there has been a heavy increase in the cost of coal, the average price par ton during the year under review being 814,63 as against 87.57 the previous year. There has also been a large consumption, by reason of its inferior quality and in consequence of our running the boats at quicker' speed and augmenting the number of night trips. Other workin ; expens-a show a slight reduction, so that this unfortunate rise in the price of fuel is alone responsible for the diminished dividend recommended for your acceptance. The new pier at Kowloon has been in use since 1st April and i1, we have reason to think, appreciated by Kowloon residents. There are several improvements yet to be made, notably a ricksha and general shelter in front of the pier as protection against the strong winds which sweep dowa Salisbury Road and which without a shelter will, in winter, serious- ly incommode passengers. It has also been found necessary to drive piles to guide the boats in making the entrance to the camber as the currents are stronger than was anticipated. This work has to be done between one and 80 will take considerable time. five a.m.. Negotiations have been commenced with the Government for a new pier on the Hongkong side, and if satisfactory terms can be arranged plans will shortly be prepared. It will mean a large outlay, probably 875,000, and as the com- pany will not earn a cent more by it, the matter will need to be carefully considered before launching into so great an expenditure; and it will probably involve calling up the remainder of the unpaid capital. We are now running the service with two boats in place of three, the time allowed the coxswains to make the journey being 7 minutes as against 94 at the old pier, and although this greater speed necessitates burning superior coal and working the boilers at their maximum pressure, yet on the whole there will be a substantial saving. The charges at Kowloon, the augmented Bervice, accelerated speed and other im- provements increase our working expenses, but we deem it to be in the interests of shareholders that we provide a service which will satisfy the reasonable demands of the public, and we claim that in maintaining a 10 minutes service from 5.20 a.m. to 10 p.m. and thereafter every 20 minutes till 12.30 s.m., with additional trips on Saturday nights, the Com- pany is fulfiling its duty ereditably, The proposed extensions to Yaumati and Honghom referred to in my remarks at last meeting were on investigation of the traffic, found to be impossible without incurring a heavy loss, so the matter was not prosecuted further. Com. petition of Chiness launches which only run when no better employment offers renders a profitable extension to these places, maintained with_regularity," an impossibility. There is one matter, a matter of public importance, I
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Mr. Pollock-This is an application made to the Court by way of notice of motion and petition for leave to appeal to the Privy Council from the decision recently given by your Lordships in the matter of these seven men, and we are also asking for the appellants to be allowed out on bail pending the appeal 10 His Majesty the King in the Privy Council from the judgment.
The Chief Justice Leave to appeal is granted, and the bail is extended until the decision of the Privy Council has reached the Colony or until the decision by way of appeal has been granted.
The Puisas Judge-Supposing it goes home and you don't appeal after all, we are not going
to extend the bail for ever.
Mr. Pollock-Your Lordships will see we are bound in this to put up a certain security within a certain time. £300 sterling has to be given by the ninth provision.]
The Chief Justice-You have no objection to the modey already given as bail standing as security?
Mr. Pharp intimated that they had not.
Thursday, May 31st.
IN BANKRUPTCY JURISDICTION,
BEFORE MR. A. G. WISE (PUISNE JUDGE),
PUBLIC EXAMINATION.
Re the Sham Shing-wo firm ex parte the
debtor.
Mr. G. H. Wakeman, official receiver, con- ducted this publio examination, and Mr. C. F. Dixon (of Mr John Hastings office) watched proceedings on behalf of the debtor.
Chun Yak-oban said he was a partner in the The plaintiff said he advanced the defendant | Sham Shing-wo firm of No. 2, Chun On Lane, $140, which was to be repaid in monthly instal-sweetmeat dealers. When he started business ments of $10. The defendant wrote and signed i there were six partners, but he had now only one. the note produced.
He started the business in 1883 and found
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