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June 10, 1907.]
BILLS OF EXCHANGE AMENDMENT
ORDINANCE.
The ATTORNEY-General moved that Council resolve itself into a committee of the whole Council to consider the Bill entitled An Ordinance to amend the Bills af Exchange Ordinance, 1885.
The COLONIAL SECRETARY seconded, and the motion was agreed to.
The Bill was then considered clause by clause, after which Council resumed.
HONGKONG AND SHANGHAI BANK. Hon. Mr. KESWICK moved reading of a Bill entitled An Ordinance, the first to authorize the Hongkong and Shanghai Banking Corporation from time to time to increase the Capital of the said Corporation
from the sum of Ten Millions of Dollars to a sum not exceeding the sum of Twenty Millions of Dollars; and to continue incorporated for a fårtber term of 21 years; and to continue in force for a further period of 21 years the provisions of Section 3 of the Hongkong and Shanghai Banking Corporation Urdin. ance, 1899, with regard to the Excess Issue of Bills and Notes payable to bearer demand.
од
The COLONIAL SECRETARY seconded, and the motion wos agreed to.
THE APPROPRIATION BILL.
CHINA OVERLAND TRADE REPORT.
SUPREME COURT.
Friday, May 31st.
IN SUMMARY JURISDICTION,
BEFORE ME. A. G. WISE (PUISNE JUDGE).
RENT D SPUTE.
Judgment was given by his Honour in the action in which the Col nial Treasurer sued Lo Tum for the recovery of the sum of $1,365, the Territory for the months of January, February amount of rent for certain quarries in the New
and March 1907. Mr. Morrell, from the Crown Solicitor's Office, appeared for the plaintiff, and Mr. Otto Kong Sing represented the defendant. His Honour said the case was brought for the recovery of the rent of quarries under a Crown lease. For the defence it was stated that the defendant had written to the Registrar General cancelling the lease and resigning his position as tenant. The Registrar General accepted the resignation and cancellation and forwarded it to the Government for confirma- tion. The Government neither confirmed nor refused the cancellment but did what was the 88 confirming it by requesting the Registrar General to find another tenant. The case was adjourned to hear the evidence of the Registrar General, and a ter hearing that, bis Honour said he could not do anything else than find for the lefendant. There would be judg
same
The ATTORNEY GENERAL moved the third reading of the Bill entitled An Or. dinance to authorize the Appropriation of a Sup- plementary Sum of Four hund ed and seventy-ment for defendant wi h costs. seven thousand eight handred and forty-nine Dollars and fifty-three Cents, to defray the Charges of the Year 1906.
The COLONIAL TREASURER seconded, and the motion was agreed to.
The bill was then read a third time, passed, and became law.
VALIDITY OF A JUDGE'S DECISIONS. The ATTORNEY-GENERAL moved the third reading of the Bill entitled An Ordinance to remove doubts as to the validity of the proceed inge of the Supreme Court of this Colony during time that ALFRED GASCOYNE W188, Esquire, held the office of Puisne Judge of such Court from the 25th day of June, 1902, down to the present time.
the
The COLONIAL SECRETARY seconded, and the motion was agreed to.
The bill was then read a third time, passed, and became law.
MARRIED WOMEN'S PROPERTY ORDINANCE.
The ATTORNEY-GENERAL moved the third reading of the Bill entitled An Ordinance to amend the Married Women's Property Ordin- ance, 1906.
The COLONIAL SECRETARY seconded, and the motion was agreed to.
The Bill was then read a third time, passed,
and became law,
HIS EXCELLENCY-Council stands adjourned until this day week.
STERLING SALARIES AGAIN.
DESERTIONS FROM THE POLICE.
The dissatisfaction which was manifest in the Hongkong Police some time ago at the low rate of remuneration consequent on the high dollar has become acute again, resulting in two men having resigned and three others having deserted during the week-end. It has always been the subject of complaint, once men came out here, that their position was not so good financially as they had expected and naturally this state of affairs has led to dissatis action which existed none the less though scarcely expressed. For instance, constables receive £100 a year which at present does not work out at $80 a month, wage which is decidedly inadequate for a European. Others are little better off, and it seems fair to assume that something will have to be done in the way of offering better wages and ensuring that the better class of men will remain in the Cervice.
With regard to the resignations, there were men who had joined locally and whose notice had expired. Two of the deserters were discovered to have absented themselves on Sunday and the third was missing the following day. There is no doubt that they have all left the colony,
In the other case where the Colonial Treasurer
proceeded against Lo Fai on a similar claim for $450, Mr. Otto Kong Sing applied for a rehear ing, the case having been adjudged against the defendant, but execution deferred, pending the result of the previous case.
Mr. Morrell did not raise any objection and the order for re-bearing was granted,
CLAIM FOR WAGES,
J. E. Watson claimed from A. C. Macmillan and another for 81,000. Mr. E. J. Grist ap- peared for the plaintiff und Mr. Holborow from the office of Messrs. Deacon, Looker and Deacou represented the first defendant.
Mr. Holborow-My client has no knowledge of the claim.
Mr. Grist-It is for three months' wages at $300 a month and $100 board and lodgings.
His Honour-What is your client?
Mr. Holborowe is a mining expert. His Honour-Where is the second defendant ? Mr. Holborow-I don't think he can be found. His Honour-Is he also a mining expert? Mr. Grist-He is a mining engineer. Mr. Holborow-My client says he is ignorant
of the claim.
Mr. Grist-The first defendant is leaving the Colony to-morrow.
Mr. Holborow-My client is going to-
morrow. He has very important business at
Vancouver. It is necessary for him to go He will be back in six weeks' time.
Subsequently
Mr. Holborow asked for pleadings and an adjournment.
His Honour-I don't mind pleadings and an adjournment but it must be on conditions.
Mr. Grist-I ask for security.
Mr. Holborow-I am prepared to give it. adjourned the case for six weeks on defendent His Honour made au order for pleadings and finding security for $1,200.
Monday, June 3rd.
IN ORIGINAL JURISDICTION.
BEFORE SIR FRANCIS PIGGOtt (Chief JUSTICE).
CLAIM ON A MORTGAGE.
Chan Ki, of 237 Wing Lok Street, gentleman, sued David Sassoon and Co., Ld., of 81 Dec Voeux Road, merchants, to have an account taken of what, if anything. was due on a mor gage dated December 3 th, 1903, and made between the plaintiff of the first part, Lo Koon-hing of the second part and the d-fend- ants of the third part, and to redeem the property comprised therein.
Mr. M. W. Slade, instructed by Mr. C. D. Wilkinson (of Messrs Wilkinson and Grist) appeared for the plaintiff, the defendant being represented by Hon. Mr. H. E. Pollock, K.C.,
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instructed by Mr. H. W. Looker (of Messrs Deacon, Looker and Deacon).
The statement of claim set out that by sa indenture of mortgage dated December 30th, 1903, the plaintiff assigned to the defend- auts a parcel of ground registered in the Land Office as section A. of Inland Lot No. 797 by way of mortgage, to secure the payment to the defendaut company by one. Lo-Koon-hing, the compradore of the defend- said Lo Koou-hing as in the said indentare ant company, of any monies due by the
there was then due by the said Lo Koon-hing Provided. On November 28th, 1906, the defen- dant company gave notice to the plaintiff that to the defendant company under obligation as compradore, the sum of 3300,000, and in the entered into possession of the said mortgaged month of December 1996, the defendant company property, and have since collected rants and willing to pay whatever sum, if any, was further profits thereon. The plaintif was ready and due to the defendant o mpany under and by virtue of the said indent re of mortgage. The anything, was due and owing by the plain'iff plaintiff claimed an account of what, if
company under and by virtue of the said mortgage, and redemption.
defence that under the provisions of the The defendants admitted in the statement of indenture of mortgage referred to in the statement of claim, they now held section A. of Inland Lot 797 as security for the payment to them by Lo Koon-hing of the sum of 8407,231,58 which Bum
was dua and
owing by the said Lo Koon-hing as their the plaintiff was either ready or willing to compradore. The defendants denied that pay to them the said sum of $497,235.58 or any other sum which was due to the defendants under and by virtue of the said indenture of mortgage,
Mr. Blade stated that while not ready to pay client was perfectly willing to pay everything the defendants the amount they claimed, his Before dealing with accounts,
that was due.
procedure in a redemption suit. he wished to say a word regarding the Here we followed the home practice. As soon as the facts were admitted that a mortgagor had, when his be mortgagor- that was to say, that the assign- mortgage was admitted and he was admitted to ment he bad made was admitted to be by way of mortgage and not by way of assignment, then the mortgagor was at any time absolutely entitled to judgment for redemption.
Mr. Pollock said the mortgage was not in the ordinary form, and asserted that so long as could be no re-assigament-no redemption. there was a claim against the compradore there
redeem. Defendants had a claim, and on that The plaintiff had not established any right to claim had taken possession of the property. The cularly that the European books of the defendant agreement signed by plaintiff specified parti-
firm were to be taken as conclusive proof of the amount due. The books were kept in detail and reasonable inspection would be allowed. Apart from any suggestion of fraud, Mr. Pollock argued that the books must be taken as conclusive. Al he had to do was to show that his client has suffered a loss on any contract for which the compradore was liable to take away the right of redemption.
After argument on legal points His Lordship ordered accounts to be taken, inquiry made, and inspection given. He gave judgment on clause 12 of the agreement between the parties and on the power of sale, an ultim te form of judgment to be given in the event of it being held to be included in the mortgage. Any question of interpretation to be raised specially. Accounts to be taken in three months, with liberty to apply for an extension of time.
Wednesday, June 5th.
IN ORIGINAL JURISDICTION.
BEFORE SIE FRANCIS PIGGOTT (CHIEF JUSTICE), WITH CAPTAIN M BRISON (NAUTICAL ASSE÷HOR).
AN ICHO OF THE TIPHOON.
Chi Wo and Co., of 29 Wing Wọ Lane, ship. builders, claimed from the Famigsting and Disinfecting Bureau Ld., of 3 Pedder Street,
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