24
owner damage, I do not believe in such a case any government would act as in this case the U. 8. Governmont has felt it its duty to act, and ask for the action to be dismissed, and yet the same dicta of the Court in the "Parlement Belge" might have been pressed into this service. The common law furnishes instances of analogous cases, where masters have been held not liable for the negligence of their servants, although the negligent act was while the servant was driving his master's carriage, because the servant had gone off the route of his duty for a diversion of his own. This analogy seems to warrant this limitation to the naval officer's immunity, which was, in fact, suggested by the learned Attorney General, and that it exists only so long as he forms part of the machine known as a vessel of war and commits this act of negligence with or by means of such vessel and when it is in whole or in part under his control. But | whether such immunity can be claimed by the officer himself I very much doubt. For these reasons the motion of the Attorney General nust be sustained and the action dismissed with costs.
IN SUMMARY JURISDICTION.
THE HONGKONG WEEKLY PRESS AND
been engaged to effect repairs would have cost $10 only.
His Lordship-Well, why didn't you offer to repair the damage; you've had plenty of time? Defendant-Plaintiff did not inform me of it. His Lordship-There will be judgment and costs for plaintiff, with immediate execution.
THE COURT HUMBUGGED.
The case in which the Chung Shing Cheung firm and other creditors sued Shek Tseung-fat, and Shek Tseung-fat claimant, to recover debts due again came on for hearing.
From previous proceedings it appeared that execution was obtained against the defendant, the owner of a junk, by one of the creditors, but that two men were found who answered to the same name as defendant, and it was question as to which was liable. In the mean time the other 'creditors filed an interpleader and stayed the hands of the first creditor. The two men were called up, and the elder, a man with a battered nose, admitted that he owed money to certain of the creditors, one claim being denied. The younger man, who is a son of the first defendant, denied that His name was the same as that of the first man, though the bailiff pointed out he had answered to it before. Mr. F. C. Barlow (of Messrs. Goldring and Barlow) appeared for three creditors; Mr. R
BEFORE MR. A. G. WISE (PUISNE JUDGE). A. Harding represented the claimant, and Mr.
A LAND DISPUTE.
Ma Kiu, of No. 206, Kowloon Tong village, proceeded against Shek Ab-nam of No. 145, Wong! Nei Woo, Tai Shek Kn village, for a declaration of ownership of land. Mr. Atkinson (of Messrs. Deacon, Looker and Deacon) appeared for the plaintiff, and Mr. W. J. Hursthouse (of Messrs. Dennys and Bowley, Crown Solicitors) appeared for the defendant."
The plaintiff claimed a declaration by the Court that the piece of ground situate at Tai Shek Kn, in the Dependency of Kowloon, registered in the Land Office as part of Farm Lot No. 13, having an area of 11.7 acres, now belongs to and is the property of the plaintiff.
The case was adjourned till Friday.
Tuesday, June 10th.
+
IN SUMMARY JURISDICTION.
BEFORE MR. A. G. W18E (PUISNE
JUDGE).
A COLLISION,
Chan Fuk, master of junk No. 82721 H, sued Ho Yung, master of cargo boat No. 64, to recover the sum of $250, damages sustained by reason of negligent navigation on the part of the defendant.
Mr. J. H. Gardiner (of Mr. O. D. Thomson's office), who appeared for the plaintiff, stated that the junk had been surveyed, and the amount of damage certified by Mr. F. Hall, marine surveyor. The plaintiff's junk ran between Namloong and Hongkong. On April 20th it left the latter port, arriving here on the 23rd of the same month and anchoring in the junk anchor- age. Shortly after eight o'clock on the same morning the defendant's boat arrived in port, and the wind and tide carried her on to his client's boat which was anchored at the time.
His Lordship-In that case you cannot claim for negligence. It can only be an Act of God. Mr. Gardiner-I don't think it was an Act of God. It was bad manoeuvring on the part of the defendant.
His Lordship-Were you alongside a pier? Mr. Gardiner-No, the junk was anchored at the proper anchorage.
Plaintiff's evidence was heard, and then the
defendant was called. He said he anchored near the plaintiff's junk, and when the vessels swung they struck.
His Lordship--The junk was at anchor there before you, wasn't it?
Defendant-Yes.
His Lordship-Well, you must take up an anchorage where there is no chance of swinging on to another boat.
Defendant-It is very hard to foresee such & thing.
His Lordship-Quite so, but it is part of the business of the captain of a vessel.
With regard to the damage done, defendant said it was very slight, and if a Chinaman had
H. K. Holmes watched the proceedings on behalf of other creditors.
Lordship asked the father if he owed the money. The defendants were called up and his
The first defendant said he did not, His Lordship-Well, I have given judgment against you.
does not admit the debt.
Mr. Harding-In this particular action he
His Lordship-But he has already admitted it. They had better both go to gaol. Of course they are bound to do a first class swindle, father
and son, that's clear,
The plaintiff was called, and said she sued the
son.
His Lordship (to the son)--Do you own the junk?
Defendant-No.
|
[July 14, 1906,
His Lordship-Oh! Now I am getting to the bottom of it. The junk won't go away yet, (To the defendants)—Who is the owner of the junk ?
The father said he was.
His Lordship (to the son)~ Why did you tell me you were the owner ?
Mr. Harding-The plaintiff had a debt against him, and she told him to say he was the owner.
:
Shek yut-fat was called, and said he was the son of the owner of the junk.
His Lordship Did you say the other day you were the owner?
Defendant-Yes, at the instigation of the plaintiff.
His Lordship-What did you want to tell a lie for ?
Defendant-Plaintiff told me she would give me the junk later on
His Lordship-Yes, I suppose that's what the game is. I don't think any of them will get the junk.
His Lordship Did you quarrel with your father?
Defendant-Yes.
His Lordship-Is that the result on his nose?
Defendant-No.
His Lordship Why did you tell a lie when the plaintiff asked you ?
Defendant-Because she told me she would let me have the junk.
His Lordship-All his statements to me on Friday were not made under oath.
Mr. Barlow-Telling a lie in the presence of the Court is disrespect. I don't know whether your Lordship is going to proceed.
His Lordship-I don't know about the junk; I am going to keep it if I can. These two people ought to be punished. I think the better plan is to make both defendants pay.
The plaintiff was then called up, informed that she had made a mistake, and asked if she would like to have the writ amended.
The plaintiff said she would not.
His Lordship (to the interpreter)-Tell her ' if she does not have the writ amended sbe won't
His Lordship (to defendants)-Who is Shek get anything at all. Tseung-fat?
.The father said he was.
His Lordship (to the son)-What is your name?
Defendant-Shek Yut-fat.
His Lordship-Ask the old man if he owes the money.
The first defendant said he did not.
His Lordship One of you owe it! Who is it, the son or the father? (To Mr. Harding)-You want to get the younger man,
Mr. Harding-I am acting for the claimant and the plaintiff says the younger man owes her the money.
His Lordship-I will give judgment against both of them.
Mr. Harding-If the plaintiff says the son owes her money, that is the one she looks to for payment.
is.
His Lordship-They are both lying.
Mr. Harding-I believe the explanation is- His Lordship-I know what the explanation
Mr. Harding-The son was persuaded by plaintiff to come to Court and admit the debt, and he would get the junk if he lost the action. His LordsLip-Well, are you willing to take judgment against the father?
Mr. Harding-My point is to prove that the son is not the owner of the junk. Judgment was given against him on the plaintiff's word, therefore under the attachment issued the jurk
can not be touched.
His Lordship-If the father admits that he is the owner of the junk. I will give you judg. ment against him in both cases.
!!
Mr. Harding-I don't want that, my Lord. What I ask your Lordship to find is that the father is the owner the junk.
His Lordship-Certainly. I am going to. I will give execution against both on their own statements and they will both go up.
Mr. Barlow-Does that mean that the junk will be released?
His Lordship-Certainly not Either the father or son would sail away with it. !
Mr. Barlow My friend's application is that the boat be released. He is acting for the old man.
1
On being informed plaintiff said the son went to her place and borrowed the money.
His Lordship-Well, cannot do anything for her. Tell her she has been a very silly woman, chosen ber ground and lost ber case.
Mr. Harding-I ask your Lordship to find in the claimant's favour as against the son.
His Lordship-I won't do anything with these men. I will send them both to gaol.
Mr. Harding-In face of this woman's evidence I think your Lordship can give judgment against the son.
His Lordship-I will adjourn this claim sine die. The Court is being made a fool of all round. (To the bailiff)-Is the junk seized ?
Mr. Howell-Yes, my Lord.
His Lordship-Well, keep it till the expenses are paid.
Mr. Harding-I can prove that the father is the owner. I have witnesses.
His Lordship-You can call one if you like, but you won't get any judgment out of me. You can see what it is, the Court is being humbugged.
•
Mr. Harding-I would suggest that the junk be sold.
His Lordship-I don't mind that. I think it had better be sold and the money kept in Court. Of course the defendant will go into bankruptcy next week. I can see that. But that cannot happen till Thursday, and I shall take care that nothing goes on behind your backs. If you can come to arrangements about selling the junk, well and good. I want to get justice out of this thing, and if I could I would send the defendants to gaol. That is where they ought to be. The case is adjourned for a month, and I order the junk to be sold and the proceeds paid into Court with liberty for the solicitors concerned to apply regarding costs afterwards.
The Secretaries of the Weihaiwei Gold' Mining Co., Ltd., have received the following telegram for June from the mining manager: 'Thirty days' work: 1,150 tons crushed by ten stampa and short labour; 87 oz. gold st $13.60 per oz.; 60 tons concentrates at 862 per ton. Estimated expenses Mex. $11,700.
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