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208
the import of foreign grown opium was actually pretermitted, China, which in this case meant the private perquisites of the official classes, would be by so many mil- lions the richer. There is enough here to overcome the scruples of many more rigid moralists than the Chinese official hierarchy. This is the position which such ill-informed statesmen as the greater part of His Majesty's present official advisers are in- capable of comprehending. We have before uttered the warning that, however well dis- posed, the Chinese Government has not the power to interfere to any practical extent with opium smoking nor opina cultivation in China. Still, were it proceeding in
from the hopeless task
conscientious motives, and a real desire to benefit the country, we ought not cousistently with our own professions to permit this to stand in the way of our lending all the assistance in The remarkable our power to the work. feature of the whole agitation is that nowhere do we find any effort made to convert into action the undoubtedly fine sentiments which have been expressed. In one or two of the Settlements at Tientsin we indeed hear of
THE HONGKONG WEEKLY PRESS AND
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SUPREME COURT.
Friday, March 22nd.
IN ORIGINAL JURISDICTION.
Before Sir FRANCIS PIGGOTT (CHIEF
JUSTICE).
DISPUTED POSSESSION OF TIN,
J
1
[April 1, 1907.
of any other claim or charge upon the tin. The Hang Seng Cheong firm agreed to pay interest at the rate of $240 pr month bat had not done Difendants therefore claimed a first charge
10.
on the tin.
Mr. Pullock opened the case at considersblo length, and the bearing was adjourned.
Monday, 25th March.
IN SUMMARY JURISDICTION.
An action, in which practically all the parties resided in Penang, was commenced. Before Me. A. G. WiSE (PUISNE JUDGR.) The plaintiffs were the Kee Gain firm, Baa Tin Kee and Thong Seng, and the defendants
Į
and
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CLAIM FOR RENT,
Mr. Dixon, in opening, ssid the claim was for seven days rent due by the defendant to the plaintiff‹ from the 11th to the 17th March for the ground flose of al Queen's Road Central. The house at this time was rented by the plaintiff, and they sublet the ground floor to the defendant, who wanted the premises to start the business of selling picture postoards. The defendant went to see the landlord, and
h.
explained that wanted to go into
the
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the said premises, and
landlord referred to the Chio Wah Company. With him this Company it WAN arranged that the defendaL! should enter the premises on March 11th and pay rent at the rate of 86 a day. He went into possession on the 11th, and plaintiff. asked him to pay. but he put them off time after time and eventually declined to pay.
When plaintiff«' evidence had been heard, Mr. Grist said the defence was that defendant made un arrangement of any sort or kind with the people who were suing him. His arrange- ments were made with the lan flord, and he
were the Yan On Marine and Fire Insurance The Chan Wah Co. sued Mr. S'ernberg to Godown Company and the King recover 846 dne for seven days' rent of shop Kee firm. The Hon. Me. H. E. Pallnek, K., | No. 51 Qu-en's Road Central
1 Mr. F. Dixon (of Messrs. Hastings and (instructed by Mr. George Hastings), appeared
Hastings) appeared for plaintiffs, and Mr. E. for the plaintiff‹, while Mr. M. W. 8lad», (in- structe i by Mr. H. Hursthouse, of Messrs. · J. Grist (of Messrs. Wilkinson and Grist) Dennys and Bowley's Office, for the King Kee, for defendant. and Mr. A. C. Holborrow, (n! Messrs Drac3n Looker and Deacon) represented the defendants From the statement of claim it appeared that the Ke Gaan firm, merchants carrying on business in Penang, were owners of the .. Waihera and that the Bun Tin Kee sad Thong Bang were also merchants in the same place. In Desember 1904 the two latter shipped 290 and 300 slabs of tin respectively on the Waihera for opium smoking being forbidden, but as in Hongkong under a contract with the Hang the case of the pretended abolition of cor- Sang Cheong firm, reserving to themselves tha poral punishment in Chinese courts, that right of disposing of the tin should the Hong is only intended to take place where the kong firm fail to meet the bills of exchange foreigner is t› bear the bruut. It was
for $24,28 115 and $5,01 which had been doubtless a scheme worthy of the astuteness drawn against it. The bills of exchange were of a Chinese statesmani of the first made payable to the Hongkong and Shangha Bank in consideration of advanes made upon rank to devise a plan, whereby without
them against the security of the tin. The Hang any more personal inconvenience thau is Sang Cheong firm, it was alleged, fraudulently involved in the enunciation of a philan-and with intent to avoid payment of the bills of thropic proclamation, the foreigner should exchange as well as payment of the prie» of the be induced to acquiesce in the conversion tin, olyained delivery of a certain number of into an Alsatia for crime of all kinds slabs from the Kam Tak lai firm, plaintiffs' of the Shanghai Foreign Settlements. This, agents in Hongkong, without producing the agreed to pay $180 a month rent and to take on the 19th. The law was that a however, is after all a comparatively small bills of lading and without the knowledge of
the plaintiff The Kam Tak Tai firm had no person could not recover for reat except under matter which may eventually be got over authority to take delivery. Shortly afterwards agreement, but action could be brought for use by the exercise against him of the Chinese the partuers of the Hang Sung Cheong¦ and occupation (officials' own tactics. But the
After hearing the evidence for the defenos, other absconded from the Colony and bankruptcy involves a very grave national loss; and this proceedings followed, Mr. G. H. Wakeman || his Lordship stated that the wrong plaintiffs Plain-ppeared to be present, and nonsuited the case. the worse that not we ourselves, but a large being appointed trustee of the estate. section of our unrepresented Indian fellow tiff had to repay the Bank's advance, but the not paid the
The case was concluded in which Wong subjects will have to bear the burden. This! Hang Seng Cheong had
. bills of exchange
Kwan-shing to the
Tsoi nued Lenog price of to would-be statesmen of the calibre of
the tin and plaintiffs claim «l a declarition that | 87083,50 dae on a promissory note for $700.
Mr. they were entitled to a first charge upon the
for (1). D Thomson appeared slabs of tin which had been stored in the Hong-plaintiff, and Mr. P. W. Goldring (of Mesare. kong and Kowloon Wharf and Godown Cou- | Goldring and Barlow; for the defendant.
G. H His Lordship - Well, have you got anything pany's premises to the order of Mr. Wakeman, to the extent of $19,298,15 and costs to say, Mr Thomson ?
D) fandants did not admit the contrats | referred 10 but admitted the bills of lading and the exchange bills d'awo ia favour of the Hongkong and Shanghai Banking Corporation. They further admitted that the Hang Seng Cheong fim obtained pelisory of some slabs of tin without producing a bill of lading, but they did not admit tha the tin was obtained fraudulently or without plaintiffs knowledge and assent, or that th to comprised a portion of the 300 lbs which were claimed by the defendauts. Defendants
Mr. WINSTON CHURCHILL is a matter of light concern; that astute gentleman and his official chief, the Earl of Eus, being engaged more with bringing the legislation, of the Colonies into better accordance with the overwhelming opinion of the Hau e of Commons, than in studying to preserve the Empire. Such an experiment was tried a little more than a century ago, and we should have thought that the lesson had been sufficiently pressed on the mind of every would-be statesman, however wilfully ignorant of the teachings of history. But the new century has drawn aside the curtain from the abysses of ignorance and ineptitudo which still remain, only awaiting a
opportunity re-appear.
favourable
CLUB LUSITANO.
DISSENSION FNDED,
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nor
denied plaintiffs right to the tin in priority
po vess on
THE PROMISSORY NOTE CARE
recover
the
Mr. Thomson than addressed his Lordship on plaintiff's case, concluding with the remark- It's a very peculiar case.
His Lordship It is, and they'll all be in 80. (To Mr. | jail in another ten days or
Goldring). Do you want to say anything about your costs? You think you ought to get
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them?
Mr. Goldring-Yes, my Lord.
His Lordship¬Well, I don't. This is a fraul and a swindly has been going on round the colony for a long time, and every solicitor in the place has been engaged barring
one. The only person, aN
of the promissory note, I say the form is
wrong.
MATNIERD COMPLICATIONS,
1
In the cas0 in which the Kung Tai susd recover $181.80, Mr. B. A. Tham Dia to Harding appeared for plaintiffs and defendant, who appeared in person, denied all liability.
far as fcHLA BOE, to to their own, and coutended that if the 3
slabs of tin ware e suprised in the bill of lading who is clean is poor old Leung Mok-chuen, issned to the Hang Seng Cheong the Bink was and they all went for him. The case is nousuit- guilty of negligenes in failing to ta' e possessioned without any order for costs. On the question of the a'ab and in failing to give notion to the Kee Guan Company or to the Kam Kat Kai or to the Hop Yick (down of its claim. If the Kee Qiuan firm made the Pyment to the bank which they alleged, they did so by reason of their own wrongful act in delivering the tin without the production of the bill of lading or payment of the contract
Mr. Harding stated that plaintifs ware matched builders, and the defendant was a price, and by reason of legal proceedings which
contract ›r who contracted to do certain work on were about to be commenced against them by the bank. On January 19 the defendants | the proposed railway station at Mongkok. The lent the Hang Beng Cheong 8:0,000 | claim was for $181.89 being as to the sum of ander pledge of the 300 alabs of $448) for the erection of a matshed, $120 value tia which were then stored in the Hop of a matshed destroyed by fire and $20 for the Yick Godowns, and which were now stored in use and occupation of a third mitshed. the Hongkong and Kowloon Wharf and His Lordship-That last claim raises a Godown Company's promises. Defendants i criminal point, doesn't it ? took the pledge in the ordinary course of ¡ Mr. Harding mid the defendant went ŝto his
been
When the litigation in connection with this Club was forward, it will be remembered that the Judge said there ought to be a settlement, and gave the members four months to come to their senseR.
We are giad to hear that the whole trouble is at an end, and that one of the founders, Mr. Consul Romano, has reinstated, and the position he took up vindicat. el. At the ordinary half yearly meeting, when the accoun's were passed, we understand that a committee of almost entirely new blood was eleated, with Mr. P. J. V. Jorge as president, The Club is to be reconstructed on the basis of a strictly members' club.
business and in good faith end without notice'olient and hsked him to build a matshed. At
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