December 9, 1907.]
little remaining forest almost daily. Here such is our foolish extravagance that the man who would take thought for renewal is openly mocked by his neighbours. A comparatively few years will see our stock of available wood exhausted, and some new material to be wasted in an equally insane manner adopted in its stead. But worst of all is our treatment of our coal fields. So far from our statesmen seeking to eke out our fast disappearing stock, each takes credit to himself for encouraging its use, and still more placing a premium on its export. Now the most sanguine can scarcely give a life at the present rate of consumption of more than a century to our last coal field, and long before this has expired its cost will have rendered its mining almost prohibitive. Now all thesc are things to be seriously thought on. The moral to be learned is not that we should give up the use of those things which a generous nature has pro- vided for our use, but that we should care- fully guard them from waste, and while we have them, make the best use of them in our power. Nature, however kind to us when we make a proper use of her gifts, is in exorable when once we neglect or defy her teachings; and nothing is more sure than that she will condignly punish the offender against her laws, and will take no excuse nor allow of any extenuation whatever. It was largely through its neglect in a similar manner of Nature's economic laws that the great Empire of Roine met its destruction. As we are doing at present, she neglected her home wheat supply, and permitted the fertile land of Italy to go to waste, while she depended on the slave labour of her dependencies for the daily sustenance of ber masses. The result was soon apparent in the lowering of the physical powers of her citizens, who accustomed to be fl without labour, and sunk in sloth and debauchery, forgot that the defence of their country was a work imposed on them by nature herself. The end was that defeat and disgraced in every contest her once proud empire came to an end. But the end was not yet; the uncivilised peoples who shore her of her glory were not sulli- ciently advanced to take on themselves her once civilising mantle, and Europe bad to pay the penalty by a retrogression for some twelve centuries to a state of barbarism till the rise of the Rena... ince. In much the same manner the older civilisations of Babylonia and Egypt had fallen before, and the cause was the same-the neglect of Nature's own laws.
CHINA OVERLAND TRADE REPORT.
SUPREME COURT.
Wednesday, December 4th.
IN APPELLATE JURISDICTION.
BEFORE THE FULL COURT.
AN INTERESTING POINT.
865
IN ORIGINAL JURISDICTION,
BEFORE SIR FRANCIS PIGGOTT (CHIN JUSTICE).
A PARTNERSHIP DISPUTE.
This was an action by the Kwong Fang Wo firin against the Wing Ki Cheong and an issue between the plaintiff firm and Chan Mau-obi, otherwise Chan Pai Sin-tong, and Yim Wai- tak, alias Yim Fing-kai alias Yim Quon, to decide whether the Itter were partners in the Wing Ki Cheong
Mr. M. W. Slade, instruoted by Mr. C. D. Wilkinson (of Messrs. Wilkinson and Grist) ap.eared for the plaintiffs, and Sir Henry Berkeley, K.C, instructed by Mr. Otto Kong Sing, for the defendants.
The statement of claim showed that the action
The Attorney-General, who was instructed by Mr. F. B. L. Bowley, Crown Solicitor, made an ez parte application for leave to appeal from the decision of Mr. H. H. J. Gompartz, Acting Paisne Jadge, which was delivered on Novem. bar 26th in the summary action between Ip arrse out of a claim brought by the Kwong tion was made on the ground that the judgment Wing Ki Cheong in which judgment was Tsung-uin and Kwong Tse-king. The applica Faug Wo firm of traders against the was erroneous in point of law and fact in find-given on November 27th for the plaintiffs for ing that the sale of the junk was a sale of goods $7,436.50 aud costs. in market overt within the meaning of the Sale stated that during the period in which the The Kwong Fung Wo of Goods Ordinance, 1896.
goods, oa which the claim was based, were supplied, Chan Mau-chi was a partner in the defendant firm under the name of Chan Pui Sui-tong, and Yim Ping-kai was also a partner plaintiffs asked for a declaration that Chan under the name of Yan Wai Tak-tong. The
Mau-chi and Yim Ping-kai were liable, as pariuers in the Wing Ki Cheong, to pay the jalgment debt, and asked for leave to iss.a excution against tyem.
Now can we shut our eyes to the on- creeping of a very sim.iar stage of du- Is Europe nothingness at the present day in such a healthy condition morally or intellectually that we have no lesssons to learn from the past ? It were high time that our statesmen, leaving the petty frivolities of party contest, and vain strivings after a peace their own faults will not permit to come, should take these things seriously to heart and understand that to gain the reward of labour we must learn ourselves to work, and patiently await the result.
The Attorney-Geueral-I appear in this case for the appellant, Ip Tsang-nin, on a notice of motion asking the permission of the Mr. Justice Compertz. The only application I Court to appeal against the judgment of make to-day is that your Lordships will fix a day for the hearing of the motion.
'T'it 1 uisun Judg-What is your Lucus standi msy i ask? Are you appearing for
the Government ?
The Attorney-General-I am appearing for the plaintiff in the action.
The Puno Judge-In your position as Attorney-General ?
The Attorney-General — Yes.
In the statement of defence Chan Mau-ghi denied that he was a partner at any time in the Wing Ki Cheong. Ho never held himself out to be a partner, and never traded under or used the name of Chan Pui ai-long as a "long" name or otherwise, Yim Ping-kai made a similar
he Paisne Judge-Then you are appearing statement and pointed out that he was the for the Government?
The Attorney-General-This i a case in which the Government thought it right to take up the case on appal, the decision being one which we regard a very far reaching in impor auce and publio interes.
The Chief Justice-I would like to have 8.
authority for your locus standi.
The Attorney-General-I will fortify you Lordships with that when the motion comes on for hearing.
The Chief Justic-It is rather essential when you are applying for leave. The plaintiff is just in time, and we will have to accept it
now.
The Attorney-Geno al-The Crown Solicitor appeared in the Court below acting on the
instrutious of the Government.
The Chief Justice-What right has the Crown to appear in a private case ?
The Puisue Judge-It would be simpler to adjourn to a particular day, and then go on
you can show as your right to appear.
.f
The Attorney-General-I should have hought that in any case, with the permission of the Government, I should be entitled t appear.
The Chief Justice-Not as Attornay-General for a private party.
Tue Attorney-General-I cannot say that I appear in any other capacity. I am not fortified by a substantial fee. Perhaps it would be convenient for your Lordships to hear me on that point, if necessary.
:
The Chief Justice-We will waive that point and take the hearing on a date to be fired We shouldn't put the other party to the expense of appearing if you cannot prove or locus standi. Your have' either got the right or you have not, and I should think half an hour should dispose of you one way or the other.
The Attorney-General-I presume there are abundant preodents for this course. I should like to look them up and fortify my position.
The Chief Justice-You can mike an ex parte motion on the point now raised next Wednesday.
It is notified in the Gazette that at the ex- piration of three months the names of the following Companies will, unless cause is shown to the contrary, be struck off the Register and the Companies will be dissolved :-The Peibo
The Attorney-General In the meantime Steam Launch Company, Limited; The
will your Lordsuips grant a stay of execution? Canton and Hongkong Tug Lighter and Ferry The Chief Justice-if anybody is prejudiced Company, Limited; The Tak On Insurance, they had better make a motion, otherwise we Exchange and Loan Company, Limited; The will stay execution. You are applying fɔs Heng Fang Flour Mill Company, Limited; leave to appeal on fact by way of case stated? The Woosung Forts Launch Company, The Attorney-General- By law and case Limited.
stated.
owner of the premises in which the defendant firm carried on business, He had never lived on the premises aud was never interested in the business.
Mr. Sinde, in opening, stated that in the interval between the judgment and the signing f the statement of claim the defendant firm went into bankruptcy, and this issue was carried on with the leave of the Court in spite of the bankruptcy.
His Lordship-Where is the jury? I thought
rtnership issues were to be tried with a jury?
j
|
Sir Henry Berkeley-Neither side applied for a jury.
His Lordship-I don't care to try partnership issues without.
Ho
Mr. Slade-It was expressly stated in the notice set down for trial that there would be no jury, Proceeding Mr. clade stated that the defendant firm was started in 1904;
the the business opened on
21st eptember of that year and closed about August 1st, 1906. Evidence he Would | call would show that the firm was pro- moted by five men, namely, Ho Ya Kwong, Pan Sat-chi, Leung Sze-wing, Pan Sik-ohi and Chan Man-chi who Was оде of the defendants in the issue. Of these men Yu-kwong became manager when the firm actually started. He always remained on the premises, looked after the books, conducted the correspondence, and generally supervised everything. Apparently Paa Sat-ohi took no active par. in the business, but Leang Sa+ wing did general work, Pun Sik-obi was the buyer and salesman, and came rather promin- ently in contact with all the oreditors and all the people from whom the firm bought, and to whom they sold goods. Chan Man-chi also took an active part in the shop, and although he was not there every day he was native manager of the shop next door; he used fre- quently to enter the defendant firm to look after and supervise things; in fact, ha bad
■ door between the two shops which connected from his quarters on one of the apper i sor. That door was in existence so long as the Wing Ki Cheong continued, but now it had been blocked up. Among the men introduced into the new concern by Chan Mau-chi was a man who elected to be called Pik Yim Wai-tong in the partnership. This man was the landlord of the premises. Chin Yik-mang was also introduced, and execution had been issued against him, but he did not deny the fast
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