FRIDAY, MARCH 9 1917.
INTIMATIONS
*KINGSCLERE DANCE
FIRE DANCE which was to have
taken place on SATURDAY nex March 10th, has been POSTPONED unbil the following SATURDAY, March 17th.
Boogkong, March 7, 1917..
NOTICE.
1350
MEETING -will be held on MONDAY Next, the 18th inst. at 5.15.P.M. in the CITY HALL to consider the best method of celebrating ST. GEORGE'S DAT with a view to raising further funds for British War Charities. All interested are earnestly invited to attend.
Hongkong, March 6, 1917,
NOTICE.
." 183-1
ENEMY PROPERTY IN CHINA.
IMPORTANT DECISION IN THE
SUPREME COURT.
An important decision was given HM's Supreme Court for China ch 14 it by Sir Havilland Sausmarez (Oivat, Judged "in A entitled-
is
THE CHINA MAIL.
which I have anmmariad an chauit with in that part of The Trading with the Enemy Consolidated - Regulations which is hended Enemy Property," and we And the various matters in which the wishodium is interested apud which I have very shortly reviewed covered by prori sions which are suited, to local circum- stances.. There is no mention of the cstodian catit an amending regulation onfer 2017 refers to an officer who has been def designated by the Secretary of State, in case virtue of the power be has under article 1 of the Principal Order, to perform some of the duties of custodian mager The Trading with Enemy Acts, à further indeution, H it wore necessary, that those Aers are binding on British embjects in China. This appointment was publicly notified, in February, Bab there is pro- United Kinghm, have to be made to the vision for the nature, which in "the
custodian, being made to some other porn. Regulation & provider for the return required from companies by section 3 (2) of The Trading with the Enemy Act, 1913, being made to the. custodian of enemy property in the colony of Engkang, a provision repealed before
In the matter of The Trading with the Faemy Amendawn: Act, 1914; am
In the matter of Grat . Prische, an enemy within the act.
!
Mr. G. W. King appeared as Custodian, and Mr. D. McNeill represented the Cathay Trust. Lid,
Before reading his julgment, his Lord ship mid-I have prepared a written judgment in this mutter because it is one THE EXCHANGE BANKS beg to which has given me
a corsiderable intimate to Shippers that, in view amount of thougfit, and I have been able of the delay of Mails to Europe and theto work out the conclusions to be drawn necessity for utilizing three routes, BILLS and all relative documents sent
'from the legishtion which will on the in for negotiation must be drawn in whole position as to every property in TRIPLICATE instead of in duplicate this contry clear and so be of value to as heretofore.
the public and to the peniession in any matters which may in the future arise is connection which such property. I
·His Lordships written jadyment is an follows
Hongkong, March 3, 1017,
NOTICE.
1.
1349
E the Undersigned beg to notify
besne operatice owing to the appoint. ment to which I have just referred Regulation 7 provides for a return to the conunlar officer în charge of a district of information in respect of the property in that district covered by metion, of the Aza Regalation B deals with the forme of property covered by sections of the | Act of 1914 and 2 of that of 1015, this, | instead of being paid to the oustodian, is This is a summons in the matter of pall into an account in a British bank
JUDGMENT.
W that we have established ourselvçari share in the Sungei Puri Bulber walient the enerny dividends." It would
io Canton as General Merchants.
HOGG & Co. Rongkong, March 5, 1917.
NOTICE.
1531
AN
[Co., Lal., which stand in the name of seve, therefore, that the position of the
fount C. Traschma, enemy. These quedadian" is filled by the minister. the! shares were hypotheentes to the appli- consular officer and the officer designated ennta, the Cathey' Trust, Lik, in respect by The Secretary of State to perform the of, an advance of Ts, 3500. Interest bas duties of custreffen in respect of property -term-paies—the debt-to-date-but-nested inchion, and as "yêovided it wpakke EL persons having claims against payment has been hide in respect of the tion A the Estate of the late MR. ALFRED principal: the applicuats are not sati-Hed The Trading with the Enemy Amend. HERBERT HEWITT are requested to with their position, as they are unablement Act. 1914, is the first enactment forward them to the Undersigned on prte dispose of the shares or obtain a transwich deals with the property of before the 10th instant.
fer of them into their own names in the enemy, and is does expressly, na the boks of the compras. Herce this preamble states to preserve it with a view. application. The summons asks for an to arrangejaents to be made as the coa or vesting the whares in the officer Felusion of peace. It is madein the performing the dutim of custodian of interest, of the State and not of the enemy property. This is the first applies. tion of the kind muude to the court and it will be noveniat. Indiente fully the position of enemy property "in China oving which the court has purisdiction and the manner in which that power will be +Yo+bel]',
JOHNSON, STOKES & MASTER
Solicitors for the Executors, Hongkong, March 3, 1917: 1549
HAVE YOU A
BAD LEG
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Anger as the in
have the leapros
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Czaskia may be dogs
younda;
allowed. 18. An
You may kava
bind
hi kepeless, or Keda
pasti
la
For
Samed put it xion? X
FOG
beledolat.ska ach les round which alized, or a the dance f deas, will deprive ittedad various
Advland
bos do aw for 1 l'Aut't say perhaps, but I with Sused in the Drag Brew for a Boi, uč
GRASSHOPPER
MONTMENT EM PELE, Thick hij seriale Har Gal Lath, Palacení Handa, da zəmini Jela, Montauki's Kate. CacheERANG SARKA mad Suauet Bita, ha, ko. English Prionn. 17 and 29 sich. See: Tenda Mach, of a Gessshopper en * Gramm Label Pampered by ALBERT, ARME
· Vaman,. 7) Yaezinadai. Scconti London, Eagle.
Agents. 8. Watson & Co., Ld.
Hongkong.
creditors on the enemy owner of the pr perty, a point on which Mr. Justier Younger emplasied to re-Fried Krupp Actien-Gesellschaft (1916, Ch: P 104); though payment out of monies in the hands of the cuspding may be made ty him with the approval of the court. But the court is pressed with a difficulty, inasmuch as, at all events in respect of the bulk of enemy property in China, it has jurisdiction, for its jurisdiction is limited by article 5 of the Principal Unier, to the property, proprietary rights and abilition of Mitak a the limits of the Order, and therefore aneh jurisdiction as it possesses must be exercised with this imitatiba in view, So, however much the court may wish to
His Majesty's jurisdiction in" China is exercised in conformity with English law i force for the time being and it has mut bera doribted that this covers the Pipergency legislation neersitated by the present "war" as far as cireurastances dimit, Acts of Parliament which are material to the present summons" are The Trading with the Enemy Amendment Acts, 1914 and 1915. Te addition to these Acts there are certain King's regulations made by His Majesty's Minister in virtue control such property as we are consider. of the power given him to legislate in ing, its powers are limited: there are
this way for British subjects in China.nevertheless some classes of property These are now contained in The Trading which seen to be within the reach of its with the Enemy consolidated Regulations, orders and these now proceed to con- 1917, and a short amending regulation sider. providing for the return by companies to an ollicer who is performing the duties of the custodian of enemy property.
Overland
Model 76 B
Model 75 B Touring Car
Roadster
27 28
Mex $2,200
The Price of This Car Startled the World
Never in the history of the motor car business has there appeared a car equal in value to the new series Overland Model 75 B.
It's cost-both first cost and operating cost-was a revelation to the public. It overshadows every other car in its price class for power and economy. You can get from 20 to 25 miles on a gallon of petrol!
Moreover you get the comforts and advantages that heretofore were confined to the higher priced cars.
extra.
A
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And with it all you get an attractive fooking car, for the model 75 B is finished. in a beautiful light gray.
܃
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"
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· Model 84-B
The Willys-Knight five passenger touring car, 114 inch wheelbase, Knight type engine, $3,250
DRAGON MUTUR VAK UU., 25 Des Vœux Road, Central,
Tel. 482.
DISTRIBUTORS.
Hongkong.
The Willys-Overland Company, Toledo, Ohio, U. S. A.
*** SHAMALAK *AHABIAN FOR *KEEP TO THE LEFTO"
طور
Property paid into the enemy'dividend accoon: will clearly remain in it until the end of the war unless it is paid out of Et me first book at the English law that necount under ou order of the court: as contained in the Acts of Parliament.ction 5 of the Act of 1915, and regula. the former kid I have already dealt. It is made on behalf of a creditor and that in shares in China companies: with I can now deal with this application. The first has enacted, as the preamble tich and the court may authorise the says, to make further provision for pre-payment out of that account of a debt Whether there is jurisdiction to vest purely for his own benefit, it is not an yeating the payment of money to persons due to a ritish subject by an enemy. I shares standing in the name of an unery application by the custodian. I have not Que of the very best testimonials in NORTH BRITISH & MERCANTILE and bodies of persons resident or carrying can see no difheulty in taking that order, in the custodian is not clear, to my mind, enoughs before me to define the position recent months has been received on business in an enemy country in con- for the minister, in taking charge of the nor am I clear that what the law in of these shares. I know that they are by The Willys-Overland Company. travention of the law relating to trading enemy's money, undertakes in accordance be attained in China without such orders: security for a debt, and that the ap motor cars, from the Australian Motor in respect of enemy property cannot abares in a British company and are makers of Overland and Willys-Knight with the enemy, and for preserving, with with the terms of the relations the but it is clear that there are circum- plicants' ary coable to procure a transfer Transport Service, stationed at Gamrah,
view to narangements to be made at liability to pay thereout what may be
INSURANCE CO.
JY WHICH ARZ VESTED TEZ NEARES OF
THE OCEAN MARINE INSURANCE
COMPANY, LTD.,
and
THE RAILWAY PASSENGERS. ASSURANCE CO,
£23,970,367.
I-Authorised Capital £6,000,000 Subsribed Ospital £4,800,000 Paid-up Capital -Fire Funds
Life & Annuity Funds
Staking Fond Account
r
company law.
اور
and
Car
DAIRY FARM NEW
CORNED BEEF
AND
CORNED PORK.
PUT UP IN KROS AND BARRELS
FOT
EXPORT OR STEAMERS JEL
COAL
the conclusion of peace, such money and ordered by the court. What order this stances where the intervention of a of them into their own name. It has Cairo, Egypt. The letter was originally ertain other property belonging to will make mest depend on the circumstodian in the affairs of a company also been stated that the dividends on sent to Marray Aunger, Ltds the Over cnemies and to make other provisions for stances of each case and upon the consent which is under an obligation to on enemy the whares lying in the enemy dividenda land dealer at Adelaide, Australia, who preventing trading with the enemy of the custodian, that is of the minister. almost imperative, and I need only account are not far short of the way transmitted it, to the Toledo factory. Section 1 provides for the appointment la re-Fried Krupp Actien-Gesellschaft point to the ones of reconstruction or advanced to the debtor, and apparently
"The Overlands which you have sup of a custodian of enemy property and for and Trading with the Enemy Amendinant of an issue of new shares as outstanding the dividende expected to accrue will be TOTAL F
FUNDS 31 Decenaze, 1914, the disposal of monies paid to him under Act 1914.*. 5 (2.) No doubt it will examples. There are also the occasions ample to pay the interest, in future and ped us for ambulance service runs the Act. Section 2 provides for the pay- always have regard to the interests of on which the orders of a court are made to provide a sinking fund for the balance battle front, has done excel 6 ptian of the letter from the Egyptian ment to the custodian of any dividends, those who may not be before it es well with respect to the property of a com- of the debt...
They have been running continuously $37, 81K) interest or share of profits which would as to the polity of the legislature. I as a whole, ex a winding up order,
The result of the principles I have ever since reaching Egypt. Four of 3,827,047 | have been payable to an enemy had a 17,567,680 state of war not existed. Section 2 sub-the place of the custodian with respect if it was required for the purposes of tion has to be applied is that I must going is in the sand. The driver
have referred to the minister as being into difficulty in making a vesting order circumstances in China where that legisla do very strenuous work, as most of the
in which I suppose the court would feel deduced £om the legislation and the them are at present stationed on the SILIMPOPON (SEBATTIK)
Suez Cazal,
they are called upon to 198,30 ction (1) imposes a duty on people to the money paid into the enemy
inform the custodian of any property dividends' account. E29,970,367
are There therefore refuse the order. Finst because I have very highly of these machines. The cars which they hold or mapage for an eamy rather have said the Crown, for there be appointed in whom the court may vest property involved is in euch.
I should perhaps manifeld reasons why a custodian should not sufficient Balors me to show that the are kept busy, running day and night. Revenue Fire Branchan £2,381,150 and, sub-section, (2), obliges companies is a difficulty in that the minister cannot property without swaming an intention that there in jurisdiction to make the Apeed limit in Gairo, and we need to ACTS for the OOWIR HARBOUR
Life and Annuity 2,141,58% and others to eqmanicate to the one he brought Before the court; on the other
position (Up to a short time ago there was no THE Undersigned having been appointed Branches..... naut
drive the Revenas Marine Department
to extend the existing jurisdiction of the order, secondly because I have grave When we were stationed at Helioplis, prices for best quality SZLIMPOPON 837,238 todian particulam of all sharce, etc., hang it is clearly contemplated by the
at
tremendous rate. COAL CO., LTD., are prepared to quote -Other Receipt
478,940 which are held by or for the benefit of regulations that these matters should be
court,
doubts whether this is a case which about Evo miles from Cairo, we woold, ODAL trimmed into Bankers at NEBAT an enemy by cetion 2 of the arbending subjected to the supreme court and I of the law is that the duty of a British tion as to the payment of debts, and common sight to see 18 or 20 ambulances Bornen f
The short result of this consideration comes within the purpose of the legisla. Lave races into Cairo. It was no un HK SANDAKAN (Britia North, £5,338,228
Act of 1915 bank balances, deposits and think that all that is necessary will be subject with respect to enemy property thirdly because, especially in a doubBut now have a speed limit, ably with the better grades of Japanese The Accumulative Funds of the various debts are added to the matters on which done if the bank in which the money in with which he has to do is
tearing along the main road to the city, SILIMPOPON COAL oparos favour- Branches are separately invested, and, by information, has to be given under sub-respect of which the application is made,
ful case, I think that the consideration which, is being tightened almost Lost Coal and giros good resulte, on a FOT Act of Parliament, are set scide to meet section (1), Section 4 empowers the high and the crown advocate we given proper (1): To pay into the enemy dividends | should prevail that, where there anigalhes called Helossan, shout "25)
best muri we nor hare is moderate consumption the claims mnder the respective Depart geurt to vest, any, property. "Selonging notice. The bank can appear or pot account" any property which belongs' so other adequate remedies. afforded by the ti
to or held or managed for or on behalf it pleases, but the crown adyolate must
An energy and is covered by regulation 8 Jocal law, ie, the law independant of the same this banks of the River Nile, for PUN COAL (sither cargo or Bunkers) from Cairo. The road follows BANDAKAN exclusively for BILIMPC
Steamers calling at SEBATTIK Dr of an enemy in the custodian." There submit to the court app matters as it is of the consolidated regulations:
officer who has been appointed for the practically the entire way. are other provisions, which it does not the duty of the custodian at home to officer of the district in which he is law should be first favobed. I see no taga, especially
(2) To make a return to the consular administration of the Imperial Acts, that One soon picks up the Arabic lang exempt from payment of all: Port seem to me necessary to the purposes of bring before it. There may, of course,
enough of it for motor this judgment to consider, but I think be eases where the court is asked to vest resident of all enemy property which he reason why in a case like the present the ing purposes. Buch essentials as "Imashi At Sehattik Steamers are herthed along that some of them shay the necessity property already in the enemy dividends holes or manages for or on behalf of an custodian as represented by the minister to sway: "Yemeenak, get ever to the side the Company's wharf where there is
light -- Shamalak, get over to the left; minimam depth of 97 to 28 feet at low. for the rule of construction to which I account in the officer performing the enemy and which is covered by regula should not consent to a payment out Oak, look out Oak tiggisk, look water Spring Tides. have already referred that in applying duties of custodina. if so the officer per tion 75 this rotura does not include the of the enemy dividends account of the out for our feet are enough for the
Charts of Bibak Bay (Sabatti Bar principal and interest due and to become practical purposes of an ambulance bour). Prices and all other information property covered by regulation 6: China, must be guided by the cirtum notice.
concerning the Port can be hon stances prevailing locally. One of the
to make a return under regulation 8 of is drawn from the shares which are a Whether the court will make a vesting af shares, stock, debentures, of deben security for it. Should any difficulty
application to the Agents principal circumstances, is thst until order must depend upon its power to do tare stock and other obligations held by arise I give the Cathay Trust, Lid, leave recently there was phelal who filled so. But before examining this power I the office of custodian; and that now that wish to state that, I should besitate to or for, the benefit of an enemy; this to raise the question again
Iments of the Company's Business
SHEWAN, TOMES & CO.
agents.
The Man Who Gets There
Is the man who has blood--. real alch red blood and "plenty of It-in, his body;
WATERBURY'S | METABOLIZED COD LIVER OIL COMPOUND sunken blood-lots of it--life giving brain nourishing.". strength replenishing blood.
·OF ALE CHEMISTS
PRICKS #1,25 and #22215
Eaglial law His Majesty's courts in forming his duties, should also receive (3) If the person, is China. Company; due in respect of this debt and which driver."
office is only filled to a limited extent.
make such an order where the regulations been designated by the Secretary of return is made la the officer who has
State to perform the duties of custodian
The
LESSONS IN 'OHINESE
LI BON PÁN, 's thinsei'graduate turned in Berthants in this colony fur Len' jautra
•Offer been a teacher to repeat
E
a good method of training Europasna to
paw in the Chiizono maminadion, and is possessed
I now turn to the King's regulations. provide a remedy which will ensure to Until the Order, in Council, of 1977 they the applicant what he is cutitled to under in respect of property vested in hinJUST ONE AFTER DINNER 4 Onirdar chees had the same cffect as if contained in The Trading with the Eucray Acte, The the Principal Order, but the repool of reason is that, as I have pointed out, the The court will in respect of such pro will prevent that uncomfortable beary article 157 has modified that. At the regulations adapt the provisions to Jesal perty make auch orders ns are made by feeling and aid digestion Two taken direct le No. 280, Wellington Beat, seosed door same time they must be given the effect circumstances.
ver data English courts, and will treat each of at ben time dispel Constipation sa gently
the officers Interested on behalf of the as nature next morningquipakk Government" de occupying the office of
they are entitled to, and I think they must be construed as an explanation by the Incal legisint are of the extent to which circumstances allow of the applica tion of English law and the abstitution
The power of the court to make a
eating order depends to a turn on custodian of eppy property in respect
whether the court has jurisdiction over
of the property in winch be is interested
PINKETTES
property which it is sought to vest. Funder the King Regulations Farther cure Biosimees,
for them, whors Bocobory, of machlers Coiously there is a great deal of the court will not make vesting order Liveriahne clea for the Atsioment of the andi med procity in Chias over walch wa bayo no solely for the beneßt of a creditor, where
by the Imperial Legislature y
Jürisdiction. The only property which if
is necessary for me to bolder has there fe remedy, under the local legisl
The meters ombained in the sectious that in the enemy dividends account and
of the Trading with the Enemy Acte
tion as I have interpreted it.
Has Blao, L., Food Knowledge of Standarta
Tace wie istand lakerdag the Chism Sturequested to write c/o A Calea MkII *. O fine 'oz
[1281
FRENCH LESSONS
cion and
G. MOUSSION
Med
15. Morrison Hill Road:
chargon
BRADLEY & CO. LAD
Agents Covia, Barbour Coal
Company, Limited, 1
1997
"THE NEW INTROS BEMENT,
THERAPION NEI THERAPIQNINIZ THERAPION NË 3