August 30, 1909.]
spite of the efforts made by the boatman to hurry the godown people in this case, the boat with the oil on board was still lying alongside on the night of July 27th. Next morning the typhoon which visited this Colony reached Canton, and the cargo boat was wrecked and totally lost, together with all her cargo, which included the oil which was the subject matter
of this action.
Evidence taken on commission was read, and the hearing adjourned.
Thursday, August 26th.
IN SUMMARY JURISDICTION.
BEFORE HIS HONOUR MR. H. H. J. GOMPERTZ (PUISNE JUDGE).
COMPLICATED CLAIMS.
Four cases were called on in each of which the Kwong Cheung firm were plaintiffs. In the first action they claimed from the Sze Li Lung firm $392.52 as balance due for goods sold and delivered; in the second action they claimed from the Kwong Wo firm $805.81 as balance due for goods sold; in the third action the defendants were the Sang Lung firm and Chiu Yat Kai, and the amount claimed for balance due on goods was $175.14; the fourth claim was against Chiu Yat Kai for $513.68 for money had and received.
The plaintiffs in each case were represented by Mr. Hinds (of Messrs. Brutton and Hett), while in the last two cases Mr. P. W. Goldring (of Messrs. Goldring, Barlow and Morrell) appeared for the defendants.
His Lordship asked if the actions, could be taken together.
Mr. Goldring said the partners in the different firms were mixed up.
CHINA OVERLAND TRADE REPORT.
asking if he had any objection to referring the matter to the Court translator, as the question was mainly one of account. Then plaintiffs received a declaration stating that defendant had a defence on the merits. The declaration and the letter were inconsistent. The defendant had during the whole procedings shown himself to be a very slippery customer, and the speaker did not believe that his mother was really ill, as he intimated.
if
His Lordship-Nevertheless, I don't see why, your clients get the costs of the day, they are damaged. Would another week make any
difference?
Mr. Hinds The defendant has filed his petition in, bankruptcy, and we don't know exactly what will happen.
His Lordship adjourned the case until Thurs- day, and allowed plaintiffs costs of the day.
A CLAIM ADMITTED.
Action was brought by the Yue Hang Cheong firm against the Cheung Wo firm to recover $327.55 balance due for goods sold and delivered.
Mr. Hinds (of Messrs. Brutton and Hett) appeared for the plaintiffs, Mr. M. Reader Harris (of Messrs. Wilkinson and Grist) appeared for the defendants.
Mr. Harris informed the Court that the claim was for goods sold and delivered against a shop which had been burnt down. The defendants, however, promised to pay as soon as they got the money from the Insurance Co. Plaintiffs would not allow time, but brought this action.
It transpired that defendants had paid the amount of claim, without costs, into Court, and then the manager of the firm had left the Colony. His Lordship remarked that in the circum- stances there was no necessity to give judgment, the defendants having admitted liability by paying the amount into Court.
MANSLAUGHTER OR ASSAULT?
Mr. Hinds did not agree with this statement. The defendant Chiu Yat Kai was at one time manager of the plaintiff firm, but ceased to hold that position about the beginning of the year An interesting case has been before Mr. 1908. The management was then taken over Hazeland at the Magistracy for two days in by another man, who, on going through the which a lakong stands charged with the books, discovered that a considerable sum of manslaughter of a hawker, whom he is alleged to money was owing to the plaintiffs from the have struck with his truncheon on July 29th. other firms. The defendant mentioned, it ap-The man died shortly afterwards in the hospital. peared, had been supplying these firms with The point arose as to whether the death of the goods for which he did not charge.
•
His Lordship-Does not all that prove that the defendant is a material witness for the other firms? You have got only your clients' side
of the case.
Mr. Hinds We have more than that. At the end of last Chinese year my clients sent an
account to Chiu Yat Kai.
His Lordship asked Mr. Goldring if he was applying for an adjournment.
Mr. Goldring said he was, and was quite willing to pay the costs. The defendant, Chiu Yut Kai, filed his petition in bankruptcy on the previous day, so in those circumstances he thought that action should stand over pending the bankruptcy proceedings.
Mr. Hinds strenuously objected to any adjournment. The cases had been running on since the middle of June.
His Lordship-Have you seen this (produced) declaration?
Mr. Binds-It was served on us this morning. Had it been served yesterday we should have proceeded to arrest Chiu Yat Kai as an abscon- ding debtor in order to have him here this morning. He was the plaintiff in an original action in which he sued thirteen other partners for dissolution, and also. applied for a receiver. His Lordship the Chief Justice dismissed the application, and also hinted that the case was founded on a very flimsy foundation.
-189
FREE TRADE BETWEEN AMERICA AND THE PHILIPPINES.
ITS EFFECT ON HONGKONG SHIPPING,
There has naturally been a good deal of curiosity in Hongkong, where the transhipment of American cargo for the Philippine Islands has heretofore been a considerable, albeit a fast de- clining business, to learn whether the new Tariff Law of the United States bears in any way on this practice. It does. The new law puts an end to the transhipment of American cargo at Hong- kong for the Philippine Islands, for one of the provisions of the law states that to obtain free entry into the Philippine Islands of goods that are the product of the United States they must be shipped by a continuous voyage in one bottom on a through bill of lading from the country of origin to the country of destination.
Consequently there is an end to the tranship. ment at Hongkong of cargo from the United States for the Philippine Islands. We have no idea of the proportions of this business, but since liners have been running from the Pacific coast of America to Manila, it is doubtless a very much smaller feature of the transhipment trade of Hongkong than it was half & dozen years ago. Still, the amount of Amer- ican cargo-four especially-which has been transhipped here into the steamers plying be- tween this port and the Philippines-especially Cebu, Iloilo and Zamboanga has been con- siderable, for it has been possible to carry cargo, say, to Iloilo and Zamboanga by traushipment here, cheaper than if it had been carried direct to Manila and there transhipped into steamers employed in the coastwise trade. Now that this will no longer be worth doing, since the right to free entry would be forfeited, new shipping develop- ments are to be expected. This law practically makes it necessary thatall the liners and freight- ers running betweenthe Pacific Coast of America and Asiatic ports shall make Manila the terminal port of call, and consequently the steamers on the Hongkong- Manila run will lose passengers-- as wellas freight.
The free entry provisions of the new Tariff went into effect on August 5th. Certain other provisions of the law do not go into effect until October 4th. Goods shipped from the United States after August 5th and which arrive in the Philippine Islands prior to October 4th by a continuous voyage in one bottom on a through bill of leading can have free entry without production of a certificate of origin, by putting up a bond for later production of such certificate. Goods that arrive after
October 4th must be accompanied by certificates of origin.
hawker was brought about by the blows received or whether it was due to other causes. His Worship remarked that if in his opinion the blow had nothing to do with the death of the -man and that the deceased was simply assaulted he would not send him for trial. Mr. P. W. Goldring, who appeared for the prosecution, then stated that he would like to add a subsidiary charge of assault, and, his Worship agreeing, this was done. The evidence of Dr. Shore, R. N., who had been in charge of the public mortuary, was that the death of the deceased was not the result of the blows said to have been struck him on the body. The deceased was in a bad condition, suffering from strangulated hernia, and in the opinion of the doctor the blows did not cause death, although they might have hastened it. Mr. Frank Browne, Government analyst, stated that he examined the contents of the deceased's
No Consular invoices are required to be stomach and found traces of opium. It fre-executed in the United States for goods coming quently happened that traces of opium were
to the Philippine Islands from United States, found when the larger quantity had been absorbed. Two grairs, the amount which he found in the stomach, would not be a fatal dose. The case was remanded.
A BOYCOTT OF THE BRITISH ON THE YANGTSE.
The threatened boycott at Kiukiang against Mr. Goldring intimated that what the Chief British ships and goods (in coniection with the Justice said was that there was a question in dismissed charge of manslaughter against Mr. the partnership articles as to whether or not, in Mears) has actually begun. Informants of the the event of a disagreement between partners, N.-C. Daily News state that already the vessels the majority should not be able to buy out any of the China Merchants fleet, and those of the one partner at a price to be agreed. It was German and Japanese Companies had reaped quite an open question as to how far the part-advantages by increased passengers and freight. nership agreement and the original articles were binding on the defendant. He under- Naturally, of course, the steamers of the China "Merchants' Co. are in the most favoured position stood there was a lot of bad blood in the whole and have had the bulk of the trade offering, but affair, for as soon as the action for dissolution British ships are said already to have severely was started, these summary actions followed.
felt the effects of the boycott, as far as Chinese passengers and shipments were concerned, Meetings have been held at Kiukiang, at one of which, it was resolved to begin the boycott on
Mr. Hinds stated that until within the last
few days the defendants had never suggested that they had any possible defence. Two days age he received a letter from Mr. Goldring' Tuesday last.
Goods that arrived in the Philippine Islands prior to Angust 5th and were in bond there can be removed from bond at any time prior to September 6th on proof being furnished that they are merican goods, that is to say, the growth, product or manuufacture of the United States, and that they came through by continu- ous voyage in one bottom on a through bill of lading.
THE MANILA OPIUM CASE..
To avoid arrest on a warrant issued by the court, William Kennedy, the well-known local Chinese banker, surrendered himself. He was released on bail in the amount of P7,500. The other Chinaman who is charged with illegal importation in this same case is now in Hong- kong. He was formerly in the city police department and went to Hongkong in conneo- tion with an attempt to put a stop to the illégal importation that was being carried on from that port.
No complaints have been filed as yet against the other two Americans who are under surveil lance One of these, says a Mauila paper, in Hongkong.
is now
In view of the fact that one of the persons already arrested has made an offer to turn State's evidence and to peach on his co-partners in the illegal importation, there is a considerable uneasiness among all those concerned, and it is believed that some startling information will be in condition for publication in a few days.
No comments yet.
Private notes are available after approval.