8
they (the plaintiffs) were partners in the Cheung Loong firm of Hongkong, and they further claimed $75,000 damages to be reduced by $46,000 on the release of the security given to the Consul General.
Defendants, in their statement of defence did admit that the Cheung Loong firm was owned by two Tin Nam and Lung Tsing Dang and denied having sent the letters complained of to the German Consul General in Cauton. Representations
were made in Canton by certain German subjects, carrying on business in Canton, namely by Messrs. Reuter, Brockel- mann and Co., of Canton, to the effect that the plaintiffs were partners in the Cheung Loong firm and the firm was indebted to the defendants in a sum exceeding $50,000. The defendants said if the plaintiffs were arrested and their premises searobed, such arrest and "seizure were legally made by the constituted Chinese authorities in the exercise of their discretion and in accordanos with rights accorded under treaty by His Majesty the Emperor of China to the German Emperor and the defendants asserted that the Court had no jurisdiction over the plaintiffs' claim.
Mr. Slade said the facts were less complicated than might be imagined from the documents which they bad just heard read. The plaintiff firm carried on business as raw silk dealers at Canton, and were an export firm entirely. At the commencement of the notion there were twelve partners but one had since died. The firm carried on business in Hongkong and the defendants now admitted that they had a branch at Canton,
it.
Sir Henry Berkeley-We have never denied
Proceeding, Mr. Slade said that defendants in their pleadings had at'emped to show that the firm in Hongkong had no connection with the one of the same ame at Canton. At the end of the Chinese New Year in 1907 the Cheung Loong firm was in difficulties owing to the sugar market having fallen and their having large contracts. The firm was carried on by two men, one of whom had bolted with all the Available cash and had never been heard of since. Eventually the firm went into bank. raptoy, the remaining partner assisting the Official Receiver in all be could and finally re- ceived his discharge. Before the actual proceet. ings in bankruptcy took place it had been well known that the Cheung Loong firm had failed and Mesers. Reuter, Brookelmanu and Co., quite rightly wanted to get their money back, amouut- ing to something like $6,000 or thereabouts for goods sold and delivered and godown rent and interest. They had also in stock 4,500 bags of sugar which they had contracted to sell for $42,000. The branch firm in Canton had represented .o the German Consul that the Cheung Loong firm owed them over $50 wiereas taking it most liberally it could not be more than $15,000. They further represented that the plaintiffs were liable to pay these debts,
The hearing was adjourned.
1
Tuesday, June 30th.
IN ORIGINAL JURISDICTION.
BEFORE THа CHIEF JU-TION (SIE F. PIGGOTT).
A JURY ACTION.
The action Leang Lai Wan and others v. Reuter Brookelmann & 0., was resumed, the plaintiffs claimed damages from defendants for having illegally procured the Chinese author- ities to issUE & warrant for the arrest of plaintiffs and wrongful seizure of premises. Mr. M. W. Slade, instructed by Mr. C. F. Dixon of Messrs. Hastings and Hastings, appeared for the plaintiffs, defendants being represented by the Hon. Mr. H. E. Pollock. K.C., and Sir Henry Berkeley, K.C., instructed by Mr. E. P. Lang of Messrs. Deacon, Looker and Deacon. Th special jury was composed õî ̧ Messrs. R. Shewan foreman), Richard Martin,. T. F. Hough, J. A. Jupp, A. W. A. Becker, A. 1. D. Consland, and G. W. C. Pemberton.
Evidence on behalf of the plaintiffs was heard,
the case adjourned.
THE HONGKONG WEEKLY PRESS AND
IN SUMMARY JURISDICTION.
BEFORE MR. H. H. J. GOMPERTZ (ACTING PUISNE JUDGE).
[July 6, 1908 tiffs, and Mr A. G. Jackson of Messrs. Johnson Stokes and Master defended.
His Honour said a number of authorities had been referred to by Mr. Otto Kong Sing, and bis Honour thought there was no doubt A CAPTAIN'S DISMISSAL
that under certain circumstances that orders Georges Bergxitzaned the Shại Hing Steam for necessary repairs given by the captain ship Company, claiming 3825 for wrongfal dis would bind the owners and under certain missal. Mr. E. J. Grist appeared for the plain- circumstances the order might be limited tiff and Mr. Steavenson (of Mossrs. Deacon, BO as to make the master personally Looker and Deacon) for the defendants. The | liable. In this esse he did not think that the plaintiff was formerly master of the "Shui Oa" | osptain contracted at all. The captain's evide noe and claimed for illegal dismissal. The action set out a simple oss. He considered that the was partly heard, the defence of the owners charterers were liable and not the shipowners. being that the plaintiff was frequently drunk Somebody-not the captain-went to the pisin- and was incompetent.
tiff and told him the work was to be done. went on board and the captain pointed out the work. His Honour did not think that the captain contracted with the plaintiff. It was the business of the plaintiff to ascertain whether it was the owners or the charterers who gave the order. His Honour did not think the captain was liable, and gave judgment for the defendant.
On the hearing being resumed
T. Austen, master mariner, was called. He stated that he had considerable experience with Chinese pilots.
Mr. Steavenson-During your experience did any of them ever attempt to strike you?-I gave them credit for better sense,
Mr. Stevenson-Do you find them inclined to assault people?
Mr. Grist objented.
•
His Honour-Yeu had better hot put it. Witness-When I go on board a ship within twenty-four hours I always let everybody know I am master of the ship. There is only one master on board and that is me. The pilot is only there to give local knowledge for the assistance of the master.
Mr. Steavenson - Has the pilot any right to handle the ship in the harbour P
Witness-No. The master who allows it is lacking in ability. He has got no "grit" as we call it.
}
$1
Witness then described the collision between the "Shui On" and the Tak Hing "-on which he was second officer-ih mid channel shortly after the steamers left the wharf on the 3rd June. The "Shui On was the first to leave the wharf and the collision occurred in passing a steamer in mid channel.
Witness before leaving the box said the owners of Chinese steamers frequently told the master he must not interfere with the so-called pilots. If anything happened the master had to bear the brunt.
The pilot of the "Shai On" said he got on well with the captain at first but afterwards the captain was often drunk. He struck the carpenter, quartermaster and witness. Oa June 3rd the steamer was proceeding under one set of engines and being very difficult to steer he wanted to ask the captain to 180 both, bot he was afraid to do so as the latter was drunk and staggering about. The chief eng- neer came up on the bridge and the captain toll him to use both engines. The engineer took hold of the captain's hands and put them on the telegraph, making him indicate that the two engines should be set going. The captain came across to witness, caught his hands, and asked him the course. He told him the course but the captain was not satisfied with the answer. He shook him, gave him a blow on the left eye which caused it to swell. He dealt the witness several blows, which caused him to bleed, and the chief engineer came and pulled him off to his room. Witness remained on the bridge crying. Ten minutes later the captain came out and wanted to strike the passengers. Witness became soared and ran below. On his return to Hongkong he complained to one of the owners
Cross-examined-For the first month there was no trouble between witness and the plaintiff. The captain assaulted the carpenter and said be would wipe the deck with him,
By the Court-The captain was more less always drunk. He was no use whatever co or the ship. He was slightly drank at the time of the collision.
evidence as to the captain assaulting the pilo', The quartermaster of the "Bhui On" give as did also the assistant compradore,
The chief engineer of the "Shun On ' W18 called. His evidence was in support of the pla ntiff's story.
His Honour reserved judgment,
REPAIRING A STEAMER,
"
Wednesday, 1st July.
IN SUMMARY JURISDICTION,
ACTION FOR DAMAGES,
He
Chan Kwok Yau, a bɔstowner, sued Chau Man Shan, charterer of the steam faunch Ping Po, for $254.60 as damages caused by a collision and for other losses connected therewith, in
April. Mr. S. W. T'so appeared for the plain-
tiff and Mr. S. Dixon from the office of Mr. B. A. Harding represented the defendant.
Mr. S. W. 'T'se said that the collision took place somewhere near Jardine's wharf and the writ had originally been issued against the owner and subsequently against the coxswain.
Mr. Dixon-I would ask my friend to prove that my client is the charterer of the vessel.
Mr. S. W. T'so replied that he had not got the original charter party and had only got a oopy which he proposed to testify to.
Mr. Dixon objected to this secondary evidence when primary evidence could be obtained.
His Lordship said he was disposed to hold that the copy of the charter party could be put in as evidence.
Mr. Dixon said that if that was so probably an arrangement could be arrived at between
them.
The matter was referred to the Registrar as to the question of costs.
Thursday, 2nd July.
ALLEGED DAMAGES AND TRESPASS. Li Ping sued Sang Lee, contractor, claiming $500 for alleged damage and trespass by defendant, his agent or servant, on the plaintiffs' premises at Mati Quarry and for the value of decomposed granite which was wrong- fully taken away by the defendant. Mr. B. J. Grist of Messrs. Wilkinson and Grist appeared for the plaintiff and Mr. F. B. L. Bowley, represented the defendant.
+
Mr. Grist said that the defendant had taken away from the quarry a quantity of decomposed granite amounting to 5,552′′ feet, without consent, for the purpose of making a road. They had claimed at the rate of three couts per cubic foot and the remainder of the claim was for damage and trespass. The granite which had been taken "away had not been measured, and they were charging him for what had been used in the making of the road which had been done under an order by the Government. It was for the defendant to show that all of the granite used was not obtained from the plaintiff's quarry. His client believed that the metal used for the road was taken from the quarry and the damage w caused by the defendants' workman being therð,
ing out their duties which prevented their own workmen from carry-
Hia Lordship-Was there any fight?
Mr. Grist-There was no fight, my lord. The man in charge of the fifty coolies when asked hadd that they were doing it under the orders of the Government. Defendant offered to pay $5.80, ad subsequently my client sent in a bill for $50 which the defendant refused to pay. My client then went fu'ly into the matter and these proceedings are the result.
Evidence was then called, and the case ad-
Judgment was given in the motion in which Wan Wong, trading as Ah Wong, saed Thomas and work done on board the steamer" Progress." | Sobjerving for $325.85 for materials sapplied Mr. Otto Kong Sing appeared for the plain journed.
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