November 13, 1909.]
SUPREME COURT,
Monday, 8th November.
IN SUMMARY JURISDICTION.
BEFORE HIS HONOUR MR. H. H. J. GOMPERTZ (PUISNE JUDGE).
CHINA OVERLAND TRADE REPORT. Lambert, A.O.D., for $18 wages was continued. When the case was last before the Court plain- tiff said that his mistress had dismissed him because he was suspected of having stolen two silver articles. Evidence was given by Private Crew, who spoke to receiving a basket which had been sent by the plaintiff and which contained two silver articles.
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His Lordship said there was no evidence STONECUTTERS CUSTOMS.
against the plaintiff or the market coolie of Yik Tai Kung Sze and Sze Hing Tong larceny, but it was a most careless and stupid brought an action against the Shun Lee firm thing to put valuable things like those silver claiming $150 for damages and trespass. The milk jugs in a basket to be taken away by the first item was $25, the value of 25 blocks of market coolie. It seemed to him that there was granite left in the quarry and damaged by the sufficient ground for his dismissal and judgment defendants by painting certain Chinese char-would therefore be for defendant with costs. acters thereon in tar and $190 damages for unlawful trespass on plaintiffs' property and interference with the business. Mr. Bowley appeared for the plaintiffs and Mr. P. S. Dixon, from the office of Mr. Harding, appeared for the defendant.
Wednesday, 10th November.
A MESS BILL.
stand
The Hung Cheong firm of compradores, Kowloon, brought an action against John Rob- Mr. Bowley stated that the quarry included aertson, of Messrs. Shewan, Tomes & Co., to large area which was a range of hills, or at recover $74.56, being balance alleged to be due least once was. This leased area contained a for goods sold and delivered. Mr. Reader Harris, number of small, quarries, and the quarry which from the office of Messrs. Wilkinson and Grist, was the subject of the action was known as No. 7. appeared for plaintiffs, while defendant was The lease was granted to Kwong Yik in Janu- represented by Mr. J. H. Gardiner. ary, 1907, for three years and he entered into Mr. Harris said the claim was for half a mess partnership with one Li Ping for the purpose account during the months of August and of working the quarry, the name under which September. Defendant had had dealings with they carried on the business being the Yik Tai plaintiffs since February last and the accounts Kung Sze. Li Ping was practically the man were paid till the end of July. Mr. Robertson ing partner. The custom of working the quarry was away during June and July, and the mess was that the lessee sublet the different small bills quarries contained in the area to stonecutters Turner. At the end of August the account were paid during that time by Mr. on terms that the stonecutters might cut was rendered to Mr. Robertson, who wrote within the area allowed to them as much stone to plaintiffs asking that the bill as they liked, or as they could, provided, of over for a month. Goods
were supplied by the Director of Public Works for the October application was made for payment. course, they complied with the regulations made during September, and at the beginning of general management of the quarry, The Defendant then told plaintiffs that Mr. Turner stonecutters cut the stone in accordance with should have paid the account, as he (defendant) had paid his share to Mr. Turner. On enquiry His Lordship What do they do? being made it it was ascertained that lease or a royalty?
Turner had left the Colony. The books, how Mr. Bowley replied that it was a peculiar ever, showed that the account was against Mr. arrangement. The orders were carried out by Robertson, and they looked to him for payment. the stonecutters, and out of the price agreed to Mr. Turner had paid two months simply be paid for the stone the Crown took 17 per because Mr. Robertson was away. Plaintiffs cent., and the balance went to the stonecutters were only claiming half the account, although themselves. The particular quarry, No. 7, was they would have been entitled to claim the full sublet to Yip Tai and to Sze Hing Tong, amount, as Mr. Turner had not paid his share. the second plaintiff. Continuing, Mr. Bowley explained that the trouble arose out of un- give evidence bearing out the statement made The managing partner of the plaintiff firm warranted action on the part of Li. Shun; who by his solicitor. Under cross-examination he was a partner in the Yik Tai Kung Sze, but admitted that the characters on one of the books he was only a sleeping partner and it would prob-produced was the "Turner mess account," and
the orders received.
Pay a
"
ably be found that he had overdrawn his capital another book showed the entry "Robertson and that his share in the business was really private account." less than nothing. He had caused certain Mr. Gardiner stated the case for the defence. characters to be placed on the plaintiffs' pro- Defendant said he took a flat and Mr. perty thereby claiming possession of the stones Turner came to live with him, practically as his which formed the various heaps, tion on the stones was that "these stones have him $300 and on June 4th defendant suggested, The inscrip- lodger. By the end of May Mr. Turner owed been cut by the Sze Hing Tong and assigned to as he was leaving the Godown Company, and the Shun Lee firm. Purchasers found by any had no prospects, that Mr. Turner should do government officer will be prosecuted and something to repay him. It was arranged that punished" That was sufficient to prevent any- Mr. Turner should take over the establishment, one from buying those stones. Li Shun made defendant paying him $100 monthly, from which an assignment of his share in the business to $25 was to be deducted in repayment of the the Shun Lee firm, and of course he had right money owed by Mr. Turner. Witness then sent Mr. Turner would in future be responsible for outchits to the tradespeople informing them that the accounts. When he went to Deep Water Bay he paid half the rent and the servants' wages, but Mr. Turner paid for the food.
to do so.
Mr. Dixon said that Li Shun was responsible and his clients. His clients went round to the quarry, where they were pointed ont certain stones which Li Shun said belonged to him, and those having been marked with his authority the parties came back and Li Shum assigned his interests in the firm to the Shum Lee firm. His clients did not do anything.
Cross-examined-He did not send a chit book with the chit to plaintiffs and had no knowledge beyond the messenger's statement that the chit was received.
His Lordship-You marked the stones.
Mr. Harris contended that if defendant had Mr. Dixon-But under Li Shun's directions. wished to eacape liability he should have sent an Continuing, he said that his clients did not com-explicit notice to plaintiffs that he would be no mit any trespass. It was Li Shun who did.
His Lordship-Supposing he had no right to assign that property, you would be guilty of trespass.
Mr. Dixon-Li Shun was a partner.
His Lordship-He had no right to assign partnership property in settlement of his private debts.
Mr. Dixon-We are perfectly innocent. We have simply taken this assignment.
Judgments was given for plaintiff for $77.50.
A HOUSEBOY'S CLAIM.
The hearing of the action by Chan Yau,
longer liable, instead of merely intimating that the accounts should be sent to Mr. Turner.
His Lordship reserved his decision.
Thursday, November 11th.
IN ORIGINAL JURISDICTION.
BEFORE THE ACTING CHIEF JUSTICE (HON. MR. REES DAVIES, K.C.).
THE FLORIDA WATER CASE.
The Florida Water case, which attracted so houseboy, against Mr. Lambert, wife of Colonel much attention last year, is revived again as a
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special jury action in which Edward Kemp and others of New York seek an injunction against` Leung Chak Chan and others trading as the Kwong Sang firm, Des Voeux Road, to restrain them from selling Florida Water in bottles bearing labels which are colourable imitations of plaintiffs' property. Damages are also asked for. Mr. Slade is acting for plaintiffs and Sir Henry Berkeley, K.C., and Mr. Eldon Potter appear for defendants.
Slade was suffering from a severe cold which His Lordship said he understood that Mr. prevented him from conducting the case. With the consent of the other side he proposed that the case should stand over until to-morrow (Friday).
Sir Henry Berkeley consented and said he regretted his friend's indisposition, which made it impossible for him to go to the jury that day. He would suggest for the convenience of the jury that they be empanelled and the others could go away. It would be a serious inconveni- next day. ence if they were to be brought to Court again
His Lordship said there were reasons which made it better that the jury be called next day.
The Court then adjourned till to-day.
FIRE BRIGADE COMPETITION.
GOVERNOR PRESENTS PRIZES.
His Excellency the Governor, who was at-
Fire Brigade held on the compound of the tended by Captain Mitchell-Taylor, A.D.C., was present at the annual competition of the
Central Police Station on the 10th inst. There was also a small attendance of ladies and
There was a good muster of European and gentlemen, who happened to hear that the manoeuvres, would be carried out that afternoon. Chinese firemen, whose operations were per- formed under the observation of Mr. F. J. Badeley, Superintendent of the Brigade, Cap- tain F. W. Lyons, Mr. P. P. J. Wodehouse and Intelligence Officer Lane.
All the machinery of a fire brigade was brought into action, and the firemen gave an excellent exhibition, the competitions with des- ladder being carried through in good time, and patch box, hose and reel, hydrant and esospe with the coolness, sureness and celerity which the calling of a fireman demantis.
carried off the prize, while there were three In the despatch box drill Fireman Cooper
Hongkong and Kowloon Wharf and Godown divisions entered for the shield presented by the Company. The competition for this trophy took the form of escape and other ladder drill, divisions entered were in charge of Foremen also an exhibition of life saving. The thres R Grant, J. Watt and M. Sullivan, and the
ladders were run up to the second and third shield was won by Fireman Grant's division for the third time. In the competition the escape floors of the Station building, and while one fireman scaled these and descended with a dummy, another dashed up after him with hose ready for action.
At the conclusion of the competition, His Excellency presented the prizes, and as the
from all quarters of the compound. In addition recipients stepped forward to receive them cheers were raised by the firemen and spectators to the shield Fireman Grant was presented with a handsome silver cup, and a few of the Chinese firemen received money prizes.\
THE TRUTH REVEALED.
Three natives who were arrested at Shauki- wan appeared before Mr. J. R. Wood at the Magistracy an Monday on charges of being in unlawful possession of and preparing opium.
The first and second defendants denied the charges, and alleged that the Chief Excise Officer, Mr. Hoggarth, was telling lies.
The third defendant admitted the charges, and informed his Worship that the other two men were preparing the opium.
Mr. Hoggarth asked for a substantial penalty, as the only way he could get a case against the defendants was to dress his excise men as quarry hands.
His Worship fined each of the defendants $100 each on the second charge, and the second and third $90 each on the first count.
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