་
THURSDAY, MAY 11, 1911.
APPLICATION FOR COSTS.
الله
Before the Chief Justice Sir Francis Piggott at the Supreme Court this morning,
● metión was made by the Hon. MH. E.
4
Police, K.C., on behalf of the Wing On fire, for an order that the court being of opinion that Moser Dution and Holyoak tinding upon two points, namely, whether the duck in question was of the width or loves and whether such duck was up to sample, and that Messrs Dutton and Boirouk found that the said duck was of different width from that ordered and was of inferior quality to the saniple, and that the above two points were the only points which Mowers Sanier, Wieler and Co, and the Wing On ärm referred to Messen Dutton and Holyoak for their decision and that Jessrs Sander, Widler and Co., have waiyed all other points, whether of fact or law, which they might or could have taken, other than the above points as to width and quality and that Messus Dutton and Holyoak, having so found as aforesaid, are not entitled to make any farther pronounce. -mant in the matter, and that arbitmbors have no power, in the ense of a special contract for a "specină width of duck, to arder the purchasers to accept the goods subject to an allowance, the cost of the Wing On firm and of the arbitrators, of and
incidental to the special case and the supplement thereto and, the gument thereon before the count be taxed and paid by Messrs Sander, Wieler and Co.
A GERMAN'S EXTRADITION,
'Charge of Embazalement.
A young Guruan named Fritz Ebner, who was arrested at Bangkok on a charge of ombezzlepent and is being extradited to Cauton, Appwired before Mr E. R. Hallifar at the Magistracy this morning.
Mr A Lohananu, secretary to the German Consul in Hongkong, identified the defendant, whom he knew, and produ cod the farmaut for his extradition. It bere the syl of the German Consulate at Canton
His Worship (to defendant Have you any reason to show why you should not be catmitted to gnol pending an order of his Erealloney the Governor for your extendi-. tion to Canton.
Defendant-I have no reason.
His Womhip-Then you will be commit- ted pendling the order of his Excellency the Governor.
THE BARMAID PROSECUTION,
Magistrate Declines to Alter
Decision.
Ar the Magistracy this afternoon Mr E. R. Hallifix was asked to review his
LEGISLATIVE COUNCIL.
His Excellency Sir Frederick Lugari. presided at the meeting of the Legislative Council buld to-day, May 11. also present:y,
There were
THE CHINA MAIL.
HONGKONG'S FINANCES,
Questions by the Hon. Dr.
Ho Ka
At the mooting of the Legislative Council the Hou. Dr. Ho Kai asked the questions CO-standing in his mine. They wore as
Major General C. A. ANDERSON, manding the Troops in South China.
Secretary.
Hon. Mr C. Cumarasti. Acting Colonial
Hon. Mr C. G. ALTER, Acting Attorney Generi.
Hon. Mr A. M. Tuvaison, Colonial
Troasurer.
Flön, Mr W. Chavithai, CÍM.G., Director of Public Works,
Hon. Mr. A. W. Baars; Regum Gedem).
Hun. Capt. F. W. Loss, Acting Capt. [Supt. of Police.
Hon, Dr. Ho KAL
Hon, Mr H. E. POLLOCK. R.C.
Hon. Mr Wer Yox, C.M.G.
Hon. Mr E. A HEWETT.
Mr C. H. Ross,
Hon. Mr MONTAGUE EDE. Bir R. Chorros (Clerk of Council),
A CORRECTIOŃ,"
His Excellency said that at the wosting
follows:-
The total amount of revenus; the total Amount of expenditure; the amount of margin (if any); the amount of military contribution, and total amount spent on public works extraordinary for the years
1896 to 1910 inclusive?
The Hon. Colonial Secretary said-On the assumption that the word "margin "| is used in the sunso in which it was defaed by Hin Excellency the Governor in his "peech on September 24th 1908, Hansard page 128, to which presumably the Honsur- ablo Member's question refers, I have the honour to lay upon the table a statement containing the figures naked four,
TEE MILITARY CONTRI- BUTION.
At the mesting of the Legislativo Council this afternoon the Hua! Mr Montague Ede asked the following question. With ro
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fere nee to the remarks of the Honorable No Subscription, Mr Slade in the debate of the 8th Detpber 1908, will be Government lay upon the table sous papers embodying the views. Governor upon the subject of the Military Contribution?
decision by which he dismissed the charge, of the Legislative Council before the last on the 2nd inst., against Mr Froimana.one during his spooch on the railway he landlord of the Land We Live In Hetel, had said that ne provision had been unde for the sinking fund in the estimate of Hun bir H-E-Pullock, R.C.. appeared room of his hotel. Mr F. B. L. Bewley, correct the error at the bat diceting by
of permitting a woman to serve in the bas- the current year. He had intended to and calculations of His Excellancy the for the Wing On Bru, instructed by Mr G. Crown Soliciter, appeared to support the stating that a provision of 881,371 bnd KHall Brutton and the Hon Mr C. G.Application, which Mr Reader Harris op been made bat by sme unaccountable Alabaster appeared for Sander Wieler, and posed on behalf of defondant.. Co., instructed by Mr G. Jackson.
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Air Pollock mid that shortly that was motion in which his clients, in view of the
judgment which his Lordship delivered in that matter recently, set up what they apprehended were the Endings of the court in that judgment and they contended tlust
on that judgment they were entitled to costs. The motion set out, what they respectfully apprehended, various peints that were decided by his Lordship in his recent judgment. His Lordship held, as he
understood it. that there were two points referred to arbitration and the pointsnely
|
His Worship-I understand you are applying for a re-hearing, Mr Bowley i
Mr Bowley-I am applying under a setion of the Magistraces Ordinance for your Worship to review your decisioni,
"Mr Harris-I opp the application.
Mr Bowley-Or rather 1 should say I applied to your Worship yesterday of the day before to review your decision. understand your Worship has granted that Application and that your Worship is use prepared to review your decision.
His Worship-No, that is not so.
Ramely, the width and quality. Theypared to hear an application for
would submit to the Court illat they were
entitled to conte as they had succeeded on ; the substantial matter which they dodred to submit: for the opinion of the court, namely that the arbitrators, Mesars Dutton and Holyk, did so set that they did gise much ladings as to fact as to prechode them from proculing further in the instter. His Lordship My first difficulty is rather a technical one. "I am puzzled how I can make an order for costs when I have| not given judgment on the case stated.
Mr Alabaster Your Lordship la no power to give costs and there are ample
authorities for that.
His Lordship- My difficulty is that I have not given judgment. I have only expressed az opinion and I have cat mawered the questions in the case stated.
hearing. That is the position.
I am
reason he had overlooked it.
REVISZU EDITION OF STATUTE LAWS, Hon. Attorney Gener, moved the first authorise the publication of a Newly reading of a Bill qutitled An Oidianure to
Revised Edition of the Revised Editions of
REPORT OF THE SUPER-
INTENDENT OF THE
PRISON.
#
Bazonhend the Great, by Maurice Hewett. The Pinfold, by J. S. Fletcher. The Lord of Labour, by Goorge Grith. The Unknown God, by Putnam Wealo.. The Reim of the Saints, by John Travona. Peter's Progress, by Christopher Heath.- Mac's Adventures, by Jamo Barlow, ...Dead Man Love, by Tom Gallon. The report of the Superiotandent of the
The Rectory Governess, by Fergus Hume.
Ambush, by Headon Hill. Prison was laid on the table at a meeting The of the Legislative Council this afternoon.
#
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Again And piors, by dona.String GREAT BRITAIN
Winter.
The Unknown Lady, by J. M. Furman.
vittue of Chiuance No. 1 of 1900. the Statute Laws of the Colony prepared in The report stated:-The number of pri- Just to get Married, by Cicely Hamilton.
the bill was read a first time.
Hon. Colonial Secretary soconded and
MONTY LENDING ORDINANCE,
Hon. Attorney General mured the first reading of a Bill entitled An Ordinance to amend the Law with respect to persons
carrying on business as moneylenders.
Hon. Colonial Secretary seconded and the bill was read a first time.
soners received into prison during the year and the corresponding number for the year 1909 were as follows
1910. 1909. Convicted by Ordinary Court. 3,973 4,183
12
11
Court Martial...
1
++
,. Commgdore, 3.5... Sapreme Court' for China and Supreme Court for Sism
Coren...
High Court, Weibsiwei... Debtors
This Bill introduces into the Colony the principal provisions of the Imperial Morey-On
Mr Bowley procurled to argue the legal aspest of the case at great length. The evilence, he said, was not disputed in any say, and his Worship had dismisses the law, which he (Mr Bowley) understood. charge purely and singly on grounds oflenders Act 1900. were that the section under which the
urga was laid did not apply to the defendant inasmuch as his Ecence was stad last year that was, before the Liquors Ordinance of 1911 came into force. He thought that was the ground his Wor ship had for d dismissing "the charge.
fis. Worship No pounds were given. The was part of Mr Harris' argument.
Proceeding, Mr Bowley said the effect of bis Worship's decision if given on those
-
* THE CENSUS,
Hon. Attorney General moved the first reading of a Bill entitled An Ordinance to amend the Census Ordinance, 1881.
Hon, Colonial Secretary seconded and bill was read a first time.
This Ordinance is introduced in order to supplement some emissions in the Consus Ordinance, discovered during the progross
remand or in default of finding surety,
Total...
10
Mother and Son, by L. F. Monde. Account Rendered, by E. F. Bensor.. The Card, by Arnold Bennett, Perpetua, by Dion Clayton Calthrop, The Story of Cecilia, by Katherine Tyaan. The Old Dance Mastor, by W. R. Paterson. Jane Oglander, by Jim Balloc Lowndes, The Kingdom of Slender Swords, by Halle
Erminio
Rives.
The Coil of Carne, by John Oxenham.
The Camera Fiend, by E. W. Hornung.
108
75
The Patrician, by John Galsworthy.
The Master Wit by May Wynne.
785
033
Thorte's Way, by Marley Roberts.
Revelations of the Secret Service, by Wi-
Liam Le Queż.
AND
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Friends of Fate, by Lucas Cleve. Defender of the Faith, by Marjorie Bowen, The Straits of Poverty, by Ella Macunhoa. The The Postmaster of Market Deignton, by E.
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grounds was of far-reaching onsequence of the revision, and which are suficiently total admissions to prisen were for De THE EDWARD DISPENSARY, JOHN & ROBERT HARVEY & CO., LIMITED,
ant but alusta allther licensed publicas
in the Colony, Mr Bowley then re- coming census. viewed the law. He referred
La
was 6
C. KAMMING & CO, LD
atc.
69. There were 89 juvanilas admitted into prison 43 of whom were sentenced to be whipped in addition to various terms of CHEMISTS, DRUGGISTS, imprisonment varying from twenty-four hours' detention to four months' imprison MANAGER CHENG KAM MING
The percentage of convicted prisoners (late Head Dispenser, Government Civil
Hospital) tions recorded against them was 133 FRESCRIPTIONS ACCURATELY compared with 138 for 109.
DISPENSED,"
... 4,867 5,235 There was thus & decrease of 343 on the total number of admissions as compared with the year 1999. There was a decrease the year under revies the number being of prisoners convicted for larcung during 140 against 700 for the previous year.
The number of prisoners admitted to was 2,870. prison for
offences not of a criminal natuto.
The figures show that 72 per cent, of the serious to require legislation in view of the offences. The percentago in 1909
The amendments concern chießy the status of the enumerators, and 1808 Ordinance controlling the sale their prers in rennection with collecting of liquor in the Coleny and tmced Mr Pollock-Your Lordship lus the the various amendments rubiserzently information, neither of which points is at fallest power under section 359 of the Code. mady. By Ordinance 4 of 1903 the all clear in the existing ordinance. In We submit that nothing is clearer than the regulations for the conduct of the publican's ordinary circumstances, the nuendments ment with hard labour. wording of the section and they submitted mess wore amended by inserting a sub-being numerous, the ordinance should have admitted to prison with previous tonvic- that the obvious mafter a wink, is Governor-in-Council from time to time to been recast, but this would have disarmag. Lordship had had to determine was a alter, repeal, add to or amend the reguled the work of the Raviser. It is intended, proceeding before the Court. They had therefore no limited to the powers of the amended in the Gazette for general in- tions contained in the section. There was however, to publish the Ordinance as obviously meceeded on- the main cun- Governor-in-Council conferred by that sec tention of the case,
It did not state that no alteration Your Lordship has tion. found in fact that the protest of Mr any licence. By section 15 of the 1909 was to be made during the currency of Britton mind at the earliest possible Ordinance the regulations were amended moment was a justifiable protest.
that a licence should not employ any barmaid on licensed preinises. There was the local ordinance, but he took it that the au definition of the word "barmaid" in
common-setise renning of the word was A woman who served drines to customers whether that woman
across a .. The question
was any rdation
His Lordship-There is no order on which anything as go to the Registrar for taration.
Mr Pullock-The order that the Court had given on the point submitted and that view is in our invour."
Bis Lordship-If you take the opinion
section that it should be awful for
nt or
the
formation.
reading.
Hon, Attorney General moved the second
the bill was read a second time.
Hon. Colonial Sceretary seconded aid
The bill passed through committog rits out amendment.
On resuming Hon. Attomey General moved the third reading.
Hon. Colonial Secretary, seconded and
to the licensee or not was alsolutely the bill was read a third time and passed
and entirely inrelevant. Therefore when
the defendant took out his licence he knew
..
THE UNIVERSITY,
Hon. Attorney General moved the first
Nas Territories against 89 for the previous
There were 100 prisoners admitted who PURE were convicted by the Police Court in the
(151 in 1908.)
year.
There were 728 punishments awarded for breach of prison discipline being an average of 133 per prisoner as compared with 775 with an average of 1:38 for the preceding year. There were 4 cases in which corporal punishment was inflicted during the year. There were 103 prisonera whipped by order of the Courts.
There were two escapes but one of the prisoners was recapturad by the Police
There were 12 deaths from natural causes and onesuicide. Soventeen prisoners were released on medical grounds,"
Constant attention is given to the in- struction of long.sentenes prisoners of good labour.
into the Registry the Registrar cannot do he would not be permitted to allow reading of a Bill entitled An Ordinance conduct, who are employed at industrial
Anything on that.
Mr Pullock-We are asking for an order
for the Court to exercise in andoubted power to make the order..
His Lordship-The point is what power has the Court to make an order in an abhorure proceeding.
Mr Pollock-They were not abhortive so far as we were concerned.
woman to serve in the bar. 1 any person
served liquor and received money in the amend the University Ordinance, 1911.
another
was employed by the licence, for the term the hill was read a first time. bar it must be inferred that that patie Hon Colonial Secretary seconded and "employed" did not imply payment of wages or anything of that sort. A person Section 2.--It is proposed to abolish the who acted for
in doing words limiting the choice of these two anything at
employed.." Mr Bowley then referred other than Chinese.
his roycest 35 members to representatives of Asiatic mecs to the 1911 Consolidating Ordinance which deleted the..
:Section 3.--The Senate cannot be con- regulation respej
His Lordship-They were abhortive asing larinaids and inserted a condition flat stitued until the academic staff of the
far as the judgment was concerned.
Mr Pollock-We submit the unlinary raie should be made. It may be, in a sense, that a somewhat difficult position has arison, but that is not our fault.
His Lordship—I suggested several ways to mottle the matter.
Mr Alabaster-We have sent the Inttor offering to settle the matter by any of the four, suggestions by your Lordship. They have not answered that letter except by this motion.
His Lordship-If I made any order it could only be with regard to the preceedings before the Court.
Mr Pollock-You
His Lordship-There is the other point, whether these proceedings were not part of the proceedings of the arbitration.
no woman, the licensee excepted, shall be University has been selected; but in the permitted to serve or act in any capacity in meantime it is desirable that a member of the bar. This, Mr Bowley entendel, was merely an enlargement of the previous the Senate of the Hongkong College of prohibition of harmaids and the intention of t
declared Medicine should have a seat in the Council the Legislatura in 1909. of the University. So whether defendants position taken ander the old Ordinance or the new one it was the same.
were
·FOOD AND DRUGE,
Hon. Attornoy Ganeral moved the "Erst ship said:- cannot see anything new in
After considering the antter, His Wor-reading of Bill entitled An Ordinance to your arguments, Mr Bowley. The question amond the Esle of Food and Drugs Or.
most every point you bring forward war was argued at great length last time.dinance, 1896. then considered.
Mr Bowley-Then your Worship confirm your decision 7
Eis Worship--Yos.
Mr Bowlay-Then I apply to your Worship to states case for appeal.
His Worship Very well; application will have to be in writing.
SPORTING
Golf
Hon. Colonial Secretary seconded and the bill was read a first time.
This Bill introduces two important pro- visions of the Imperial Bale of Foods and Drugs Act 1899, the introduction of which has been strongly aryal by the Government medical advisera.
ELECTRICITY ORDINANCE.
Council 'went into committee on & Bill entitled an ordinance for regulating the supply of electricity for lighting and other purposes within the Colony of Hongkong and its dependence
The Bill passed through committee with
The results of the Royal Hongkong Colf Club competitions played May that few alterations.
Mr Pallo said that as far as the arbitration proceedings were concerned, but as soon as the matter came into the court the court had jurisdiction over those proceedings. There were only two points, the first being was that a proceedings in the court which he said it wow, and secondly,
CAPTAD'S CUP. And the Wing On saccooded in their on-
*C, Humphreys .... ..... tention and they said they had. There was more or less a desdeck arising out Capt. Waring... K. IL Cumming Capt. Bp car
of it but that was not their fault. When a Court gave an opinion in that way T. J. Fisher something must happen, a decree or order
omething should be drawn up on paper. Hi Lordship The arbitrators made a grave mistake and why should either side.
the others corte
Winner of Medal FOOL A. G. E. Elborough ICM. Cumming Mr Pollock One party agreed that the W. Walkinshaw... Arbitrators should proceed and the other. Areabout.. party objected to blufor proceeding, Shang
W. Rosio Mr Alabaster submitted that the court
Capt. Spicer
Jusd na power to award config/con
After: tërthor, argument his Lordship B. F. Stonahım
reserved judgment
82-577 30783 B50-85 94-85 102-1290 35 antries.
FINANCE COMMITTEE.
At a inecting of the Finance Committee subsequently held, the Colonial Secretary presiding, the following votes van consider ed and passed
issued to the various Government Depart
There were 4,908,671 forms printed and ments and 23,509 books bound and repaired during the year onder review.
graph 14 of my report for 1900 were com- The improvements mentioned in pata- pleted during the year and the new Hall was occupied on the 17th December.
The sanitary condition of the prison is
good.
The buildings generally are in good repair. as a rule been excellent and that of the The conduct of the European Officers has Indian Staff on the whole good,"
The appliances for use in case of fire are in good condition and the water supply adequsto.
.....
The rules laid down for the government
of the prison. haya boon complied with
DRUGS.
PATENT MEDICINES. PRICES MODERATE.
62 a, Queen's Road Central Hongkong, February 9, 1911.
APRIL RUBBER RETURNS.
Malaces Rubber Plantations.-70,000 lb. Sungei Busys (Sumatra).—2,015 lb. Singapore Para-6.100 1b. Allagar 3,830 ib. Alor Gajab—190 IB. Ajer Fanas-2,018 IL. Panti-810 lb.
Soo Keo 530 ib.
Pegoh—6,800 lb. | Pajam—8,500 16.
Radella-2,200 lb. Permata-310 lb.
Bukit Lintang-6,650 lb. Vigornia-300 lb. Malakof-2,950 lb. Linggi-63,000 15, Taiping—4,430 th...
Harpenden-12,660 lb. Bukit Mertajam-1,268 lb.
Shelford-11,000 lb. Rabbor Growers 4,251 lb. Brianston-1,818 lb." New Serendah-1,521 lb. Nagro-7,505 TB.EU Cheras-April, 1,220
MESSAGERIES MARITIMES CO. Mount Austin--5,800 lb.
IN THE EAST,
Pandan-1,417 Ib. "Cheviot 1,417 I
Laba (F.M.S.)—A4,560 IB. Glendaly +2,232 16.01 Indragiri (Sumatra)-580 11, United Sumatrs-8,000 Ib.
Superb New Låner. Through the courtesy of the local agent of the Compagnie des Mesmgories Mar times, we learn that the particulars which Paul Lecat indicate that she will mark an are armilable poncerning the new liner
entirely new epoch in travelling, to the
The following is an extract from the Eant. She will be fitted throughout in a Landon Gazelle dated 7th April, 1911 | Banner never hitherto attempted in the Regular Forces Infantry: The King' “Eastern trade, and her large site sad high- speed will undoubtedly secure for her Own Yorkshire Light Infantry), Lleuten- ownors a considerably increased, share in ant Maurice F. Day to he Adjutant. Dated the passenger carrying traffic...
A kpoed at 174 knots is, it is understood; April, 1911 Territorial Force-Com- her grows tonnage will be 14,800, no that Traver, The King's Own (Yorkshire Light expected from the vessel on her trials, and wands and Staff Captain Harbert E. sho will be the largest and fastest liner in Infantry) to be Brigade Major, vice the trade. Her first-class accomodation will Major H. O. Bell, Northumbrian Divisionst include many features catirely new in the tin Suez frnds, but which have recently Transport and Supply Column, Army
en adapted i
I'm the i These include an electric Atlantic liners. Service Corps, who has acted on reaching
pasacigerolovator, | the limit of ages. Dated 1st April, 1911.. This deck will buys soma 67 single-berth sad a' verandah café: the
taberims The rest of the fast-class passenger accomodation will consist of two berth staterooms equipped in snel diarrhoes are very frequent and often
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