3
April 29, 1899.1
whole forming an attractive souvenir of the colony." And then paragraph three of the answer said, “The defendants gave the order in paragraph two in consideration of and rely ing upon the faith of the representations and promises in the said advertisements, articles, and circular or prospectus contained, and not other wise." Mr. Pullock argued that defendants, in view of the contract entered into by them, could not justify their refusal to pay in this
manner.
D. Warres Smith, one of the plaintiffs, said that in June, 1897, a Mr. Wellesley Parker called at the Daily Press Office with regard to the bringing out of an Art Supplement, which was to contain picturesque advertisements and views of Hongkong. Before the order was sent home the people who wished to advertise signed a con- tract. The contract produced was the original contract signed by defendants. It was impos- sible to carry out the work locally, and he thought every advertiser knew that. It had to go home to England. Defendants' advertisement was to appear on space No. 13, series A. There were three sheets-series A, B, and C. Each sheet was divided into a certain number of spaces, the prices for the different spaces varying Photographs of the premises of the advertisers were taken, and defendants' advertisement was
in accordance with the copy sent in by defen. dants. Mr. Parker had left the colony. He believed he left in July, 1897. Sheet "A" came towards the beginning of 1898. "B" and "C" | sheets came a month or two afterwards, and they were delivered. An art supplement was also issued by the Straits Times, the work being done by the same people, and when he received the Straits Times supplement towards the end of 1897 he telegraphed home saying he wanted something very much superior. The sheets produced were issued from the Straits Times Office. The Daily Press Art Supple ment was issued in the beginning of July, 1898, being sent out with a daily issue and a weekly issue of the paper, and defendants refused to accept the Art Supplement or to pay for their advertisement. It was not true that the greater number of the advertisers had refused to pay, $10,000 out of $15,000 having been paid Originally there were to be four colours, but after seeing the Sing spore supplement they telegraphed home to the affect that there must be no limit as to colours, and in consequence the expeuse to him and Mr. Cox had been greater. If they got in the whole of the $15.00 they would just about cover expens98.
On being cross-examined by Mr. Franeis, wit. ness said 3.500 copies of the Art Supplement were received, and it was arranged that others could be ordered if required.
No other witness being called, Mr. Francis said he did not propose to call any evidence, so his friend might sum up.
Mr.Pollock, in summing up, said that the rather highly-coloured statements in the red pamphlet so much dwelt apon by his learned friend could not be considered as forming a contract between the parties. In the absence of any contract as to time it could not be said that his clients had committed any default at all. In a trade ad- vertisement of this kind the main object was that an advertiser's business should be repre- sented, and he submitted to his lordship that sheet A did contain a good pictorial representa- tion of the business of Messrs. Watkins & Co., and therefore that the object for which defendants ordered this advertisement had been amply fulfilled. It was not pretended for one moment that this advertisement was not in accordance with the sample of what Messrs. Watkins wanted inserted. The words Diamond Jubible Year did not appear in the contract, and this advertisement was equally as valuable to defendants although it did not appear until a few months after the expiration of the Dia- mond Jubilee Year.
CHINA OVERLAND TRADE REPORT.
not a mere order, supposing there to be other | last-I have the honour to be, sir, your most documents shown to be in existence having obedient servant, relation to the same subject matter, it would
R. CHATTERTON WILCOX, be absolutely necessary to refer to them if only for the purpose of ascertaining what was the
Secretary. subject matter of that contract. The Daily Press Art Supplement was something special It was not a thing known to everybody. They had to refer to something else, and be contended that the prospectus which had been put in and the advertisements must necessarily be read together. The main question for his lordship's consideration was-waving the question as to whether the art supplement was artistic or not whether the art supplement issued by the Daily Press was the thing which was described which Watkins and Co. gave the order for in the advertisements and prospectus, and in
their advertisement to be inserted. If it was not, their order had not been carried out, and they were not liable to pay one cent. Mr. Francis contended that according to the pam- phlet and the advertisements the art supple ment should have been issued during Jubilee year for distribution by the advertisers to their constituency as a sonvenir of the Jubilee year, and that as this intention had not been carried out defendants were not liable.
Hon. Colonial Secretary.
Hongkong General Chamber of Commerce,i
Hongkong, 21st April, 1899. Sir,-In view of the disturbances now taking place in the new territory, which there is good reason to believe have been engineered or a8- sisted from Chinese territory, I am instructed to ask you to be good enough to lay before His Excellency the Governor the following. opinions and suggestions of my Committee. 6
.
that at all.
|
1.-That having regard to the fact that the by banditti, who are either not amenable to new territory is obviously liable to be overiun
Chinese authority or whose sots the mandarins find it convenient to ignore or disavow, it is essential to the preservation of good order in the colony, and to consolidate our position, that the northern boundary shall be clearly defined by natural features and include with it the town! of Shamehun.
2. That recent occurences have convin. cingly demonstrated the inutility, if not the actual mischievousness of mandarin in-' fiuence, and furnish excellent reasons for the removal of the Chinese officials from Kowloon city, which otherwise will remain a focus of intrigue against the authority of the Hongkong... Government.
3. The Committee would further, suggest that, as the suppression of these disturbances will entail a beary outlay, it would not be un- reasonable for Her Majesty's Government to demand the extension of the lease of the new territory for a longer period than 99 years, if not the complete cession thereof.—I have the | honour to be, sir, your most obedient servant,
R. CHATTERTON WILCOX,
Secretary.
Colonial Secretary.
Colonial Secretary's Offloe,
His Lordship, in giving judgment, said that about the middle of 1897 Mr. Wellesley Parker came into the colony with a sobome which had apparently met with some success in various parts of the world. The scheme was to issue an art supplement containing a number of photographs, and Mr. Parker entered into an agreement with plaintiffs to issue one. By way of exploiting the scheme circulars and adver- tisements appeared, and after that defendants sigued what he would call a letter on the 17th June, 1897, authorising plaintiffs to supply them with 50 copies of this particular series, series A. and agreed to pay them $300. He had not the slightest doubt that at the time that letter Was signed both parties intended that Hou. J. H. Stewart Lockhart, C.M.G., certain stipulations contained in the advertise. ments and pamphlet as to circulation and time were to be incorporated in the order. His own opinion was that these previous conditions ought
Hongkong, 25th April, 1899; to be incorporated in and form part of the docu- Sir, I am directed to acknowledge the ment of the 17th June, but he did not want to receipt of your letter of the 21st instant base his decision on
What submitting for His Excellency the Governor's happened afterwards? Plaintiffs, acting with cousideration certain opinions and suggestions the very best intention, came to the conclusion offered by the Committee of the Chamber of that the work was not going to be of so satis-Commerce respecting the new territory, and to facto y a character as they desired, and they state that the views of the Committee will be decided to have the work remodelled and re-done represented to the Secretary of State for the at great expense to themselves. The work at any Colonies.-I have the honour to be, sir, your rate did not get out here until the middle of May, most obedient servant, 1898, and the witness stated that defendants did not get their copies until July. But it must be remembered that in March, 1898. defendants repudiated the arrangement on the ground that the supplement arrived too late. The real question to his mind seemed not tions of the advertisements and pamphlet so much whether the provisions and stipula- were incorporated in the order of June 17th, but whether after a delay of nine months de fendants were not entitled to repudiate the contract. He could not help thinking that if at the end of nine months a person did not he would be entitled to repudiate the contract. receive anything from home that he had ordered He thought defendants were right in repudiat ing the contract in March, under the circum stances, and there would be judgment for defendants with costs.
THE CHAMBER OF COMMERCE ON THE KOWLOON HINTERLAND
AND THE CHINESE CUSTOMS.
The following correspondence with the Go. vernment on the Kowloon hinterland and the removal of the Chiness Customs into Chinese tion by Mr. R. C. Wilcox, the Secretary of territory has been forwarded to us for publica- the Chamber of Commerce :-
Mr. Francis, for the defence, submitted that the one document on which his friend relied as the sole contract in the case was not in
Hongkong General Chamber of Commerce, itself a contract at all. It was a mere order, and that order was given, like many an-
Hongkong, 21st April, 1899. Sir, I am instructed by the Committee of other order, in consequence of statements made this Chamber to inquire if the Government and an invitation held out to the public general-will kindly inform the Chamber what is being ly, and to defendants in particular, suggesting that they should purchase certain goods for, as in this case, insert an advertisement. He sub- mitted that if it were a contract in form and
done to secure the removal of the Chiness Im perial Maritime Customs to their own territory the Legislative Council on the 27th February as promised by His Excellency the Governor, in
J. G. T. BUCKLE,
p. Colonial Secretary.
The Secretary to the
Hongkong General Chamber of Commerce.
Colonial Secretary's Office,
Hongkong, 25th April, 1899. Sir,-In reply to your letter of the 21st inst. requesting information as to what is being done to secure the removal of the Chinese Imperial Maritime Customs to Chinese territory, I am directed by His Excellency 'the Governor to state for the information of the Committee of the Chamber of Commerce that the " functions of the Chinese Customs have ceased
within the area of the new territory and the extended waters of the Colony.
By arrangement with Her Majesty's Govern. ment the three stations of Capenimoon, Foto. obow, and Cheung-chow are permitted to remain in the occupation of the Chinese Customs until accommodation on their new frontier has been provided, but not later than October next, and on'. the condition that no coercive functions will be performed by them in the waters of the Colony. -I have the honour to be, sir, your most obedient servant,
J. G. T. BUCKLE,
The Secretary,
p. Colonial Secretary
Hongkong General Chamber of Commerce
A rice mill at Bangkok, known as Phra Pi. boon's mill, was burned down on the 11th April. The fire is said to have been caused by the ups setting of a kerosine oil lamp in a fight between some coolies. The loss, including buildings machinery, and paddy, is estimated at shout are, however, covered by insuraneg 200,000 ticals. ⠀ The building and machiney, a