436
Mr. Thomson informed his Lordship that he had received a telegram from the defendant, saying that he would be here on Friday. The solicitor therefore asked for another adjourn ment.
Mr. Dixon objected. His Lordship said before he would not grant another adjournment, Mr. Thomson suggested that the defendant's evidence de bene esse should be taken on Saturday,
His Lordship decided to put the oase in Friday's list, and defendant's evidence de bene esse could be taken on Saturday,
Thursday, June 27th.
IN BANKRUPTCY JURISDICTION.
THE HONGKONG WEEKLY PRESS AND
very
the judgment which J am just giving. It would involve the minutely piecing to. gether of the evidence without any convincing results to either side or myself. I must, therefore, do what a juryman does, and arrive at the best conclusion possible with the facts fresh in my mind. I think on the whole that it involves less facts to disbelieve, to give judgment for plaintiff, but then I mast here take into consideration the very unfortunate position in which the defendant has been placed. I adopt entirely the words of Jessel, Master of the Roll, in Cooper v. Beasley (reads). I feel I am justified in finding that fraud was committed, and I am justified in finding that through the extreme negligence of the plaintiff somebody was enabled to commit the fraud and so deprive this unfortunate defendant of
BEFORE SIE FRANCIS PIGGOTT (CHIEF large sums of his savings. Therefore I make
JUSTICE).
AUCTIONEER'S FAILURE. The public examination of Ferdinand Kiene was opened by the Official Receiver,
Debtor said-I was originally with Messrs. Arnhold Karberg and Co. and in 1905 1 was a general broker on my own account. In March or April of 1906 I commenced business as an auctioneer with a capital of $1,0. I had to pay $800 for my licence so I started with 8400. I had no other property. I discovered I was insolvent about the China New Year. At the end of December I engaged a compradore, who paid a deposit of $3,000. I put that in the business. It was not security money. There was a document showing he could withdraw the money by monthly instalments. I had only one banking account. My total liabilities were $7,5 0 odd, estimated assets $2,000 odd.
The Official Receiver asked for an adjourn‣ ment as he had not yet gone into the books.
Mr. Grist consented on behalf of the creditors, and this was granted by his Honour.
C
IN ORIGINAL JURISDICTION.
A DISPUTED MORTGAGE. The hearing of the application by Long Kee, of the firm of Messrs. Fook Wo Chong, mer. chauts, carrying on business at 39, Wing Lok Street, to set aside a deed of mortgage was resumed. The Hon. Mr. H. E. Pollock, K.C., and Mr. H. G. Calthrop (instructed by Mr. A. G. Jackson, of Messrs. Johnson, Stokes and Master) appeared for the plaintiff, while the defendant, Ng Wai, merchant, was represented by Mr. M. W. Slade (instructed by M. G. K. Hall Brutton).
The Chief Justice said he could just under- stand how Mr. Pollock could justify the plain- tiff leaving the title deeds in an old biscuit box in his house here while he went to Australia when he bad an agent.
Mr. Pollock suggested that the defendant placed them in the biscuit box because be thought that nobody would be likely to look for papers in such a receptacle. It was like the cases where misers had hidden their gold io chimneys. If robbers broke into a house they would naturally break open any locked box to look for valuables but they would not be likely
to look in an old biscuit box.
His Honour then delivered judgment. He said: In this case two things only are quite clear. One is that whatever sympathy I may feel for the unfortunate defendant I can take no account of that in my finding on the facts. The second is I shall get no nearer the truth if I spend a week thinking about the facts. It is a curious case whatever way you look at it. A well to do Australian merchant leaving his title deeds in a biscuit box when he had an agent who would have carefully taken care of them, or the same man writing to say that the same deeds can be utilised for raising money. There is scarcely a link between the two stories, the plaintiff's story and the defen- dant's story. I believe that fraud was com- mitted and that it was facilitated by the mystery which surrounds the use of the long family name, or the several names which Chinamen choose to use. I have great difficulty in de- termining who committed the fraud but that it must have been participated in by somebody closely connected with the plaintiff is, I think, perfectly clear. I have not the slightest intention of trying to explain my reason? for
an order that the plaintiff pay all the costs of the case including-which I believe I have the right to do the costs sa batween solicitor and client. I want to say ons word: It seems a very hard order to make, but when you come to work it down you see the plaintiff's position better-"I have had property; I have been deprived of it by fraud. If this defendant is allowed to retain the property I shall be deprived of my property". I think it only just he should pay all the cos's which defendant has been put to in the matter. It is the penalty which he has to pay for his negligence in leaving his documents lying about as they Judgment for plaintiff, who must pay
were.
all costs.
Mr. Pollock asked to be farther heard on the subject of costs.
His Honour remarked that that was the only way in which he could do justice in the case. Mr. Pollock-It is a tremendous penalty. His Honour-There are the other remedies. Proceedings may be taken against somebody.
Mr Pollock submitted there was no power to make a successful party pay the oosts of the other.
His Houour replied that Mr. Pollock could move the Full Court.
Mr. Pollook said it might be taken against them that there was no leave to appeal against
costs.
His Honour-You shall have leave to appeal on costs.
Mr. Pollock intimated that he would appeal.
MANILA'S POPULATION.
CHINESE COMMUNITY GREATLY DECREASED.
The new Bureau of Health census, which was taken during the month of January, shows that Manila has a population of 223,542 as against 219,941 of the official census of 1993, or an in- crease of 3,001 or 16,37 per thousand.
The increase by nationalities is a follows:
810 or 18 per cent. 5,510 or 2
per cent, 375 or 14 per cent.
A mericans ... Filipinos Spaniards
All other nationalities 248 or 27 per cent. There has been a decrease in the Chinese population, from 21,230 to 18,028, or 13 per cent; and among those clas-ified as there has been a reduction from 1,117 to 977, or
'other Europeans 12 per cent.
The decrease in the number of Chinese can probably be accounted for by:
1. The large emigration to the provinces which has taken place among the people of this nationality as peace conditions in the outlying distriots have become more and more secure, Law, which
2. By the operation of the Chinese Erolusion nationality to the Philippines, thus preventing prevents immigration of this
the replacing of the losses caused by the mor- tality.
3. The few births owing to the small number of wives of Chinaman who live in Manila.
4. The return of many to China to spend the remainder of their lives.
5. The census being taken at a time when s great many Chinsmen were visiting their native country to celebrate the Chinese New Year.
The Acting Secretary of the Interior has approved the use of the figures of the censu taken by the Bureau of Health, and the same will be used hereafter in compiling all vital statistics.
❤
|
[June 25, 1907.
QUARRY BAY DOCK OPENED.
THE LARGEST IN THE BAST,
Another new dook opened. Such was the news on June 22nd and these who were privileged to be pres⚫nt at the occasion witnessed a spectale that was inspiring. Certainly it spoke volumes for that enterprise, that determination to overcome all obstacles, and that continued success which has characterised the firm of Butterfield and Swire, and given it a reput ation second to none in the East. The new dock, built at Quarry Bay for Messrs. Batter- field and Swire, has the distinction of being the largest in the Far East, and the coincidence that it received its baptism so soon after the new naval dook is, to say the least, remarkable. Both uudertakings add immeasurably to the com. mercial importance of the Colony, and with such indications of enterprise there need be little fear for the future of Hongkong.
In the construction of this dock st Quarry Bay there were unusual difficulties to cope with and great obstacles to overcome. For instance there had to be a severe tussle with nature. But the faith which removes tonn. tai s, backed by coolie labour operating under engineering intelligence, succeeded in removing a large part of the hill that touched the sea at Quarry Bay point and in cutting a new road to Shaukiwan. No less than 1,600,000 cubic yards of earth had to be excavated, thus bringing to use, together with the land re- claimed, 514 acres, the area occupied by the works.
Those who remember this part of the island before the work was commenced will marvel at the transformation which has been wrou ht. The face of nat ure has been completely changed and though the effect may not be to heighten the scenic beauty of the locality thers can be no doubt as to the utility of the under- taking. Stupendous is the only word to describe the work. Part of a mountain has been removed, the sea has been forced to give a port- ion of land, and a huge dook, looking massive and substantial with its granite foundations, dominates the locality, a triumph to the skill
of man.
Now for a few figures which will help to im- press the immensity of the dock on the minds of readers. On the coping the dock is 787 feet long, and on the keel blocks 750. At high water level the entrance is 88 feet wide and 82 feet wide at the level of the sill, while the dock has a central width at the top of 120 feet and at the bottom 83 feet 6 inches. The caisson, built of steel, works on bearers and `when the dock is open it slides into a special chamber at the side. sible bridge. The pumping gear being installed
It weighs 400 tons, and bas & collap
will be capable of emptying the dock under
three hours.
Before leaving the dock itself mention should be made of the huge cofferdam which had to be constructed before the dock edild bɔ built. Owing to the bad bottom piling had to be resorted to, and after incredible labour a coffer- dam 600 feet in length was completed in 19 5, after three years' work. A sea wall of 3,000 had also to be built, so that it will be seen that
skill and ingenuity as well as e lavish ex- the undertaking was one calling for considerable
penditure of money.
Three slipways are placed alongide the dock, and the No. 1 is entitled to the honour of being the largest in the Far East. It is 03) fest long, 8 wide, and capable of sustaining a deadweight of 2,700 tons. The other two slipways each measure 987 feet in length. Powerful machinery for hauling is found with each.
Needless to say the equipment of the docks is ou the most approved and up-to-date lines. t'he engineering shops are situated with a view to facilitate the work of repair, etc., and powerful dynamo s will supply electricity.
The dock, which is built with cement concrete faced with granite, looks exceedingly well and as the water entered from two aldjoes on Satur-
day at noon the visitors bar into cheers. Afterwards a few toasts were gi and res- ponded to by Mr. D. Macdonald on behalf of the company and Mr. A. J. Williams on behalf of the engineers.
The Lalition of building slips for three ships is contemplated at a later date.
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