July 8, 1907.]
of the people, increasing every year, chowed a remarkable advance last year. At the end of 1905 these savings amounted to £5,327,869, and by last December they had reached
the
sum of £6,864,754" due to the acquirement of the habit of saving by the nation generally and to the growth of national wealth." Taking 100 as the average of prices of principal commodities in October 1903, we find that one result of the war is doarer living, the latest index number being 119.11. Wages, however, similarly comput ed, have risen to between 107 and 113. The following extract is of interest:
According to the trade returns for 1906, the country which does the largest amount of trade with us is the United States whose
i
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1
CHINA OVERLAND TRADE REFORT.
yen 1,386,293, made up of yen 222,033 taxes, yen 1,137,182 from public under- takings and state property, and yen 27,078 miscellaneous. To this Japan adds a con- ribution of three million yen. Among the administration expenses, communications | absorb yen 1,059,432. The area under cultivation in Kwantung is 69,559 cho, or nearly 150,000 acres.
SUPREME COURT.
Monday 1st July.
IN APPELLATE JURISDICTION.
BEFORE THE FULL COURT.
CHAN WO AND OTHERS U. CHAN YAN, In this action appellants, and the defendant respondent, the
the plaintiffs Were
the
appeal being against a judgment of His Honour the Puisne Judge.
Sir Henry Berkeley, K.C. and Hon. Mr. H. E. Pollock, K.C., instructed by Mr. C. D. Wilkinson (of Messrs. Wilkinson and Grist). appears for the appellants, and Mr. M. W. Slade, instructed by Mr. G. K. Hall Brutton (of Messrs. Bratton and Hett) represented the defendunt.
exports and imports stood at about yen 196,000,000 (£2,81,967), followed by China: with yen 175,000,000 (£17,930,328) and Great Britain with yen 124,000,000 (£12,704,918); compared with the trade done ten years previously, these figures show that our trade with the United States has increased more than fourfold, that with China fivefold, and that with Great Britain nearly twofold. The re- markable development of the United States and China trade is mainly due to the facilities of communication arising from geographical relations. If we now take the export and im port trade separately, we observe that our Sir Henry Berkeley stated that this was an largest customer in 1906 was the United States appeal against a judgment of His Honour the whose imports from Japan amounted to yen Puisue Judge in which he found on a gestion 126,000,00 (£12,909,836), followed by China before him as to whether a certain assignment with yen 118,000,000 (£12,090,164), France had been altered before or after execution, that with yen 40,000,000 (£498,361), Korea with upon the balance of probabilities the alteration with yen 25,000,000 (£2,561,475), Great Britain; had been made after execution. His object with yen 13,000,000 (£2,356,557), and Italy would he to endeavour to persuade the Court, with yen 12,000,000 (£1,229,508): these figures including the learned Puisse Judge, that had are eight and a half times the corresponding due weight been giran to the evidence giren at figures for 1896 in the case of Chine, seven and the Court below, the balance of probability was a half times in the case of Korea: four times each that the alteration was made with the consent in the cases of the United States and Italy, and of all the parties prior to the execution of the a little more than two times in the cases of assignment. In order to give their Lordsbips a Great Britain and Fra ce. It will be seen that grasp of the case, Counsel quoted passages from a remarkable development is taking place in the the statements of claim and defence in the export trade with China and Korea; indeed, in original actin. In the statement of claim 1905, eighty per cent. of the imports to Korea dated April, 1904, it was shown that on August was supplied by Japan, leaving only twenty per 10tb, 1897, an action was commenced in original cent. to be distributed among the other import- jurisdiction against the Wa Hing Lung firm, ing countries. The largest importer to Japan sued ia the names of Chan in 1916 was Great Britain whose imports
Wo and Yam, these defendants being amounted
at to you 101,000,000 (£10,348,361), ❘ that time partners in the followed by the United States with yen 70,000,000 while the action was pending, the defendant said Úrm (£7,172,131), British India with yen 6o,000,000 | Chan Yam and others retired from the Wa (£6,147,541), China with
57,000,000 Bing Lung and transferred their shares therein (£5,810,168), Germany with yen 42,000,000) | and all their beneficial interests to the present (£4,303,279), the Netherlands Indies with plaintiff Chan Wo. yen 24,000,000 (£2,459,016), and Belgium with said transfer was signed by the d-fendant, the The memorandum of the yen 10,000,000 (£1,024,550); these figures are present plaintiff and other partners in the firm. four times the corresponding figures for 1896 The action was compromised by the payment of in the case of the United States, three times in $12,000 to the Wah Tai. the case of Belgium, two and a half times sach in the cases of China, Germany, and British; India, and one and a half times in the case of * Great Britain.
→
yen
Chan
The Chief Justice-Who is the Wah Tai? Sir Henry Berkeley-Deltors of the Wa Hing Lung.
Mr. Slade-There was an action brought by the Wa Hing Lung to recover a debt due by the Wah Tai. Judgment was obtained against the Wah Tai, and execution issued in Hongkong. As no money could be got here representations were made to the British Consul Chinese authorities. to endeavour to obtain execution through the A man named Mui Chow
was represented to be a partner in the Wah Tai, and his property in Canton was seized. He came down here and brought action against Chan Wo and Chan Yam for wrongfal seizure of property.
The shipping of the country grows also. At the end of 1903 Japan owned 657,000 tons of steamers and 320,000 tons of sailing vessels, or 977,000 tons in all. Seventy one thousand tons were lost, or rather spent to good purpose, during the war, but 27,000 tons of steamers were built locally and 177,000 tons bought abroad, so that at the end of 1904 Japan had a steamer fleet of 790,000 tons. In 1906 it had expanded to 1,041,000 tons steam and 356,000 tons sail, or 1,397,000 tons altogether. There have
Sir Henry Berkeley pointed out that to be added many tons since these figures Tai for
action was brought against the Wah were compiled. Interesting chapters on ultimately paid over to Mr. Brutton $12,0 0 in the recovery of 87,00. They currency and coinage, not new conugh to full settlement of the claim against them, bat quote, will, it is hoped, attract attention in the conclusion they were at present endeavour. China, where such a good example as ing to arrive at was whether certain alterations Japan's might profitably be taken. A new in an assignment made on March 2nd, 1899, feature is an appeud x nevoted to Kwan-ware made previously or subsequently to the tung province, meauing, not our neigh- bouring Kwongtung, but the peninsula on which Port Arthur and Dalny are situated. The civil population of this new possession was said to be 416,157 in 1906, including 12,356 Japa ese, A special budget is pre- pared for this territory, showing reveuue
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cefeuce in the original action showed that by excution of the ass gament. Ibe s'atement of
an agreement dated February, 189, the defend- ant and all the other partners sold and trans- erred their shares in the Wa Hing Lang to Chan Wo, but from the property thus old and transferred the judgment debt referred to, which was still unsatisfied, was inter alia expressly excepted. The first fact Counsel
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5
asked their Lordships to note was that prior to March, 1899, all the parties, both plaintiffs and defendants, were members of the Wa Hing Lung, and that prior to that da:e nego1istious assignment by some of them to others of the were entered into between the parti-s for the goodwill. The agreement says "the whole of the signboard." An extraordinary word that last, but it's not English.
The 'uisne Judge-It's Chinese, though.
Sir Henry Berkeley-But it means goodwill, If you're translating from French "I have a headache," you don't Ray "I am bid to the head," and so if you are translating a Chinese word meaning goodwill, you say goodwill. This is what they say here "For the assignment of the whole of the signboard and furniture.”
Mr. Slade-Signboards.
Sir Henry Berkeley-All the better. It's plural, and still more inclusive. The only difference between the parties is whether certain debts due by the Wal Tai and Fang Shing are inclusive in the assignment or not. The word 'exclusive' was originally in the docu- ment, but it was altered to 'inclusive,' and the question for the Court is to say when that alteration was made. As a fact the draft was prepared by Chan Yam and provided for the exclusion of two debts dus from the Wah Tai. dispute between the p rties. and the Fung Shing. So far there was no
it was -
Mr. Slade-It is not admitted that Chan Yam drafted the original agreement, and when the draft came under the observation of Chau Wo
required the document to be altered. he objected to the debts being excluded and then altered by Tsang Chinking with the kiang was the accountant at that time, not a concurrence of all the parties. I'sung Chin- plaintiff as the Paisne Judge seemed to regard
parties, and was no more under the control and him at one time. He was the servant of all the
direction of Chan Wo, than he was under the submitted that he was therefore entitled to ask control and direction of Chan Yam. Mr. Slede
the Court to regard him as at that time disinterested person. He had to write on what the parties agreed upon.
+
in the assignment
The Paisae Judge-He made the alteration
to the execution.
Sir Henry Berkeley-But he made it prior
The Paisne Judge-Yes.
Sir Henry Berkeley-Before you could find that this alteration was made subsequent to the have to find that the accountant entered into a execution of the assignment your Lordships would conspiracy with Chan
Wo to commit a
Puisns Jadge had not quite made up his mind forgery. Counsel then contended that the
last paragraph: On the whole I am of opinion regarding his decision, as he stated in the
defendant." that the balance of probability lies with the
The Puisne-Judge-I'd have non-suited the case if I hadn't made up my mind.
Sir Henry Berkeley--I have a case to show that where there is a question of doubt in the mind of a Judge, it is the duty of the Appeal Court to rehear the case.
The Chief Justice-It is laid down that all
decisions are only questions of balancing probabilities.
Sir Henry Berkeley-I take it that is so, but I wish to draw your Lordship's attention to the fact that the assignment which was executed was published in the Chinese newspapers on defendant, and their versions of the assignment March 6th and 7th both by the plaintiff and
agreed.
The Puisae Judge-I think it was admitted in the Court below that both advertisements included the debts.
Sir Henry Berkeley--That is 80. Dealing with the question of forgery, Sir Henry Berkeley said that to forge the assign- ment a mau would have to forge fourteen names, a task which even Jim the pan man would hesitate to undertake. This was
no
light thing to do, and bure a person would st out oa ash a hasud as operation, there wou d
have to be some overwhelming in dacement. Iu conclu-iou oansel submitted thai tue onus was ou the defendants to support the grave allegations they had made agaiust the plaintiff,
Mr. Pollock then addressed the Court, after which the hearing was adjourned,
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