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256
SUPREME COURT.
Tuesday, March 23rd.
IN SUMMARY JURISDICTION.
BEFORE HIS HONQUR MR. H. H. J. GOMPERTZ (PUISNE JUDGE.)
A DEFECTIVE PARTY WALL.
Action was brought against G. Bertolone by the Fong Kee Trading Co. to recover $172.26 for alleged damage done by water leaking into their premises.
Mr. H. K. Holmes appeared for the plaintiffs, and Mr. E. J. Grist (of Messrs. Wilkinson and Grist) for the defendant.
Mr. Holmes said the claim was for damage caused by water which percolated the party wall dividing defendant's and plaintiff's pre- mises. Defendant's premises backed on the houses in Chiu Loong Street. Plaintiffs had a Godown at No. 3, Chiu Loong Street, and the wall on the Queen's Road side was the division wall between that godown and the defendant's premises. On or about January 9th water perco- lated through the lower portion of this wall into the plaintiffs' godown, in which a quantity of goods, mostly non-perishable, were stored. Certain of the perishable articles were injured by water. The defendant, sometime after his tenancy commenced, had certain alterations made to the rear portion of his premises, and a slop sink was put up at the corner abutting on this party wall.
His Lordship-There has been some money paid into Court; so the liability to some extent is, I suppose, admitted?
Mr. Grist said he did not admit any liability in paying the money in, because, had the plaintiff given his client notice at the time he suffered the damage they would have been in a position to inspect it, as well 88 the wall complained of. But he did nothing of the kind: he simply complained to his landlord, who had the wall cemented. far as defendant could tell. no further damage was done after that. Undoubtedly it was the duty of the plaintiff to have ascertained his damage at once, and to have mimimised that damage as much as possible. Instead of
So
this he allowed the matter to stand over
until January 9th, when he wrote in a letter claiming $172. Had he taken due diligence, opened the cases at once and seen what damage was done, in all probability the damage would not have amounted to $25. Unless he had taken that particular action, Mr. Grist submitted that he was not entitled to recover damages at all because he so contributed. towards the damage as to make what damage he did sustain unascertainable.
Plaintiff, after giving evidence as to the extent of the damage to his goods, was cross- examined by Mr. Grist.
What class of goods were these Papers and corn and bunion plasters.
How many caSES 'did you have?-One. Was it in the same state when you opened it as it is now ?—Yes.
Why didn't you approach the defendant as soon as you discovered the damage ?-Why should I approach him? He is of a different caste.
As a matter of fact you looked to your land- lord to make good the damage?--Yes.
And it was only after you could get no satis- faction out of the landlord, who is a Chinaman like yourself, that you attempted to get the money out of the foreigner ?The person who has caused the damage is the person who should pay the money.
THE HONGKONG WEEKLY PRESS AND
Thursday, March 25th.
IN ORIGINAL JURISDICTION.
BEFORE HIS HONOUR SIR FRANCIS PIGGOTT (CHIEF JUSTICE).
A RESOLUTION CONFIRMED..
In the matter of the Weihaiwei Land and Building Co., Ld. Sir Henry Berkeley, K.C., who was instructed by Mr. H. G. C. Bailey (of Messrs. Johnson, Stokes and Master) appeared in support of a petition to confirm a resolution passed for the reduction of the capital of the Company. The reduction, he said, had been rendered advisable because of the un- certainty of the length of tenure of the island. The application was made under sections 59 to 71 of the Companies Ordinance of 1865, and the rules 73 to 91 in the schedule. These sections and rules were identical with similar provisions in the English Companies Act.
His Lordship-I don't think I have anything to do with the motive?
Sir Henry Berkeley-You have in a way when you come to consider the further prayer of the petition to permit the words " and reduced" to be dispensed with. The motion is mentioned to show that the Company is not reducing its capital because of any losses, or because it is in any way likely to be insolvent, but because it has more money than it can dispose of profitably. For this reason it is proposed to return to the shareholders five taels per share. The petition asks that the capital be reduced from taels 250,000 divided into 10,000 shares of taels 25 each, to Taels. 200,000 divided into 10,000 shares of Taels 20 each.
His Lordship-What is the object of the Company?
Sir Henry Berkeley-The object was to acquire land and huildings in Weihaiwei.
His Lordship found the papers in order, and granted the petition.
IN BANKRUPTCY.
THE RULE OF PUBLIC EXAMINATIONS.
His Lordship referred to a rule mentioned by Mr. Grist a fortnight ago regarding the time when a public examination should take place. He said he had discussed the matter very fully with the Official Receiver, and had coute to the conclusion that the English practice must prevail, and that a public examination could be held at any time; and adjudication could come on in accordance with the wishes of the creditors at a public meeting.
Applica-
A MISUNDERSTANDING. Re the Kwong Yat Cheung firm. tion to rescind a receiving order.
Mr. G. H. Wakeman, Official Receiver, informed his Lordship that this was the case in which he had reason to complain of the conduct of the debtor. He had since seen debtor's solicitor, and thought there appeared to be some misunderstanding, as apparently the debtor had been advised that it was not necessary to comply with the requirements of the Ordinance. Since he had gone into the matter he did not see why the receiving order should not be rescinded.
Mr. Grist announced that he appeared in support of the application,
The Official Receiver I think it should be understood, my Lord, that debtors should not be allowed to defy the Court in this way.
The debtor was called and questioned by his Lordship...
You got your notice?—Yes. What did you do with it? Left it in the shop. Is that the way you treat all papers that come to you? I keep them there. Did you read it?--Yes.
And you thought it did not mean anything? enior Sanitary Inspector John Reidie de--I did not take it in that light; I thought posed to inspecting plaintiff's godown on Janu- everything was settled, and there was no need ary 13th and finding about two inches of water on the floor.
In oross-examination witness said the water had percolated through the party wall.
Sanitary Inspector C. E. Frith said he visited the godown on January 14th and found sullage water percolating through the wall. Notices were served on defendant when he started the business that he must comply with the bake- house byelaws.
I
After hearing further evidence his Lordship reserved judgment,
to come.
You know, it is really contempt of Court; but the Official Receiver has looked into the matter and agreed to let it pass.—I dare not do it again.
His Lordship rescinded the order.
A SANCTIONED SALARY,
Re D. R. Captain.
Mr. C. F. Dixon (of Messrs. Hastings and Hastings) who appeared for the debtor, made application for a salary of $100 to be paid him out of the estate for acting as interim manager
of the business.
[March 29, 1909.
Since the adjudication last Thursday the business had been sold as a going
concern.
His Lordship-To whom ?
Mr. Dixon-To a gentleman from Canton. His Lordship Then he is the gentleman to pay the salary.
Mr. Dixon-No, bought the he business from yesterday. The Official Receiver concurs in the application, and he has endorsed his consent on the summons.
The application was allowed.
Saturday, March 27th.
IN SUMMARY JURISDICTION.
BEFORE HIS HONOUR MR. GOMPERTZ
(PUISNE JUDGE).
A DEFECTIVE PARTỶ WALL. His Lordship delivered his decision in the action brought against G. Bertolone by the Fong Kee Trading Co. to recover $172.26 for alleged damage done by water leaking into their premises.
Mr. H. K. Holmes appeared for the plaintiffs and Mr. E. J. Grist (of Messrs. Wilkinson and Grist) for the defendant.
His Lordship found that no precautionary measures had been taken by the defendant, therefore judgment and costs would be entered for plaintiffs.
CORRESPONDENCE.
THE MINISTERING CHILDREN'S LEAGUE.
TO THE EDITOR OF THE HONGKONG
"DAILY PRESS."}
March 24th, 1909. SIR, Yesterday a gathering of young folks belonging to the Ministering Children's League was assembled in the garden attached to the Bishop of Hongkong's residence. This Society has been for some time established in this island, and at Kowloon, introduced by Mrs. May, the popular and energetic wife of the Colonial Secretary. So actively was the work of the League carried on in this locality that I under- stand that last year no less than £100 was realised; and divided amongst various charities.
It may be of some interest to your readers to know that this world-wide League started, now many years since, in Lord Meath's and my house in London; its object being to train young people in unselfish ways and especially to teach them how to be of service to those who suffer. Each branch, as it starts, is invited to take up some definite charitable work, and, though the Society was by no means established just for the purpose of inaugurating charitable institutions, yet no less than 20 buildings devoted to religious and benevolent work are scattered far and wide about the globe.
England can boast of eight of thesé, Austral- asia claims five, while in the United States, Egypt, Russia and elsewhere "ministering" hands have been actively at work to brighten the lot of the poor, the sick, and the suffering. The League is now being introduced into. Japan-where it has found warm supporters.
Last year, at a time when I was very unwell in Germany, and unable to attend to the work of the League, I received from two high dignatories of the Church in Australia, assurance of the good and lasting work done by the League in the Colonies.
The Ministering Children's League is un- denominational; it exists only to do good and to teach the young that happiness lies, not in the direction of self-gratification, but in self- sacrificing devotion to lofty aims, serving God by serving fellow-man.
The Central Office of the Society which has found favour not only in British dominions bat in a rapidly increasing number of foreign lands, is at 83 Lancaster Gate, London-the house where it was originally founded and I have the privilege of being its Central Hon. Secretary. Mrs. May, will, I am sure, kindly give any local information which may be required respecting this Association.-I.remsin, Sir. Yours faithfully.
M. T. MEATH. Government House, Hongkong.
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