June 1, 1908.]
.
sehore and attire themselves for the water. The gentlemen of the party don their swimming costume in the cabin of the launch, and, planging overboard, maks their way to the beach to join their fair companions. When tired of bathing, the ladies retire to the matshed, the men to the Bunch. Then, dressed again and reunited all steam back to Hongkong, refreshing themselves with tea and drinks on the way! This is the favourite from of amusement in Hongkong society dar ing the summer. In the cold weather dances at Government House, Headquarter House (the General's residence), and in the City Hall are frequent; and theatrical companies from England and Australia occupy the theatre. Picnics, walking or by launch, to the many charming spots to be found on the island or the mainland are given. Polo, racing, cricket, tennis, and golf are in full swing and, as the climate during winter is cold and bracing, life is very pleasant in the colony then. To the newly-arrived naval or military officer, society in Hongkong is fall of pitfalls and surprises. The English merchant or lawyer overseas is usually a very good fellow, though occasionally puffed up by the thought of his bloated moneybags; but his wife is often a sad example of British snobbery, the spirit of which has entered into her soul in the small country town or London suburb from which she came. Society in the boarding-houses of West Kensington is a bad preparation for the role of grande dame in the hospitable East. And so the naval or military officer, accus.
L
tomed to broader lines of social demarcation in England, is puzzled and amused at the minute shad a of difference in Hongkong society. He fails to see why Mrs. A., whose spouse exports tea, is to be considered quite of the haut ton of the colony; while Mrs. B., whose husband imports cigars, and who is by birth and breed ing a better man than A., is not to be called on. *Big fleas have little flens upon their backs to
bite 'em,
And little floss have lesser fleas, and sad
infinitum.?
And Hongkong looks down on Kowloon with all the well-bred contempt of Belgravia for Brixton, and even in the despised suburb on the mainland these social differences are not wanting. The wives of the superior dock employees are the leaders of Kowloon society; and the better half of a ship captain or marine engineer is only admitted on sufferance to their exclusive circle, When the first Indian troops to strengthen the garrison of Hongkong in 1900 arrived, they were quartered in Kowloon; where the presence of a number of strange young officers, who dashed about their quiet suburb en fiery Arabs and completely eclipsed the local dandies, cansed a flatter in the hearts of anxious mothers and indignant husbands. The fires of civilian prejudice against the military burned fiercely; and I verily believe that many of the inhabitants of Kowloon would have preferred an invasion of ferocious Chinese.
THE CABLE TO THE PHILIPPINES.
The cable steamer Colonia recently left Colombo outboard bound. She had nearly 3,000 miles of cable on board, which she will lay between the Is and of Guam, of the Ladrone group, in Lat. 13 deg. 30 min. N. and Long. 144 deg. 50 min. E., and Middle Island, which lies in Lat. 28 deg. 10 min. N. and Long. 177 deg. 10 min. W. This will be the longest section on the line which will con- neot America with the Philippines; and it is expected. the Colonia will be engaged on it about four or six weeks. She took in a thousand tons of coal at Colombo.
The cable steamer Anglia, also owned by the same Company, will complete the last sections of the Philippines-San Francisco cable. She will lay the sections between Manila and Guam, and Middle Island and Honolulu, of the Sand wich group of islands, in Lat. 22 deg. 20 min N., and Long. 157 deg, 50 min. W. The section between Honolulu and San Francisco has already been laid, so that, when the Colonia and Anglia complete their work within the next two months, America will be in cable com munication with her now possessions. The Colonia is stil in command of Capt. Harold Woodcock, who has seen service in all parts of the world.
CHINA OVERLAND TRADE REPORT.
SUPREME COURT.
Wednesday, 27th May.
IN SUMMARY JURISDICTION.
REFORE HIS HOSOUL A. G. W188 (PUISNE JUDGR).
BREWER AND CO. V PORTLAND AND ASIATIC CO.
nch
889
sufficient, apparently, at the time to comply with the terms of the undertaking. In their suswers the defendants denied that the 26 onses of goods, with the exception of a portion which had been already offered to the plaintiffs and refused by them, belonged to T. W. Hindmarsh; they admitted giving the undertaking, and the receipt of the copies of the writs of foreign attachment; but said that the goods were removed to Oregon, U.S.A., where in a suit instituted the Circuit Court by K. J. Hind- marsh and T. W. Hindmarsh against defendants in this case it was decreed that none of the said goods except the portion there. of already referred to were the property of T. W. Hindmarsh; that the plaintiffs in breach of the express condition in the undertaking had neglected to procure or obtain any order of
An action was called in which W. Brewer & Co. sued the Portland and Asiatic Company for 860 damages in respect of the non-fulfilment by the defendants of a certain written under- taking dated 7th May, 1902, given by the defendants to the plaintiffs and others, in consideration of which the plaintiffs allowed the s.8. Indrarelli to leave Hongkong with
the Court effectual to enable the defendants certain goods laden on board belonging to to hold the goods in Oregon and that they were and consigned t› T. W. Hindmarsh who was accordingly compelled to part with possession then and still is indebted to the plaintiffs, of them. The plaintiffs' contention upon that for goods sold and delivered. This under-point was that that decres of the American taking was to the effect that the defendants Court furnished no defence as to this action, in consideration of Messrs. Fung Wa Chun, Tak that was to say, was irrelevant to the present Cheong, W. Brewer & Co., Wong Hing and the matter. The undertaking was an absolute, Mutnal Stores, who were stated to be oreditors of unqualified undertaking as set up in the state- T. W. Hindmarsh and to be taking proceedings ment of claim, and w 8 a contract to be construed to recover the amounts due and who intended to lez loci of Hongkong. seize by the order of the Supreme Court of Hongkong goods belonging to T. W. Hindmarsh already laden on board the s.a. Indruvelli (leaving on the day on which the undertaking was given), not insisting on their discharging such goods from the ship before she left Hongong, the defendant undertook to hold such goods subject to the order of the Supreme Court of Hongkong to satisfy any judgment and costs awarded against T. W. Hindmarsh. Defen- dants stipulated, however, that claimants' law- yers (Messrs. Johnson, Stokes & Master) must produce the necessary order of the Court to protect defendants in their holding on the other side.
Mr. H. E. Pollock, K.C., barrister-at-law (inst ucted by Mr. John Hays, of Messrs. Johnson, Stokes and Master. solicitors), ap- peared for the plaintiffs; and Mr. M. W. Slade, barrister-at-law (instructed by Mr. E. J. Grist of Messrs. Wilkinson & Grist, solicitors), was for the defendants.
Mr. Pollock stated that ou 7th May plaintiffs brought an action against T. W. Hindmarah for $26.95 for goods sold and delivered, and a issued against defendants in the present case, as writ of foreign attachment was subsequently garnishees for the seizure of T. W. Hindmarsh's In pursuance of this writ plaintiffs threatened to property with a view to satisfying this claim. seize 26 cases of goods already shipped on the Indravelli by T. W. Hindmarsh but consented to refrain from unloading the goods on condition The contention of the plaintiffs was that that of getting the letter of undertaking given above. document amounted to an absolute undertaking on behalf of the defendants with regard to the 26 cases of goods which had been shipped on board the Indravelli and in respect of which they had delivered to Hindmarsh bills of lading The question was, To what did the undertaking refer? Mr. Pollock produced correspondence which he contended showed that the goods referred to in the undertaking were clearly understood by the defendant company as being the 26 packages of goods shipped by T. W. Hindmarsh on board the Indravelli, The reason for the giving of that undertaking was, as Mr. Allan Cameron in a letter put it in rather colloquial fanguage, that if it had not been given they would have had to "rook" down to the bottom of the hold in order to unload these 26 cases and that would have caused delay. Plaintiffs said the true intent and meaning of the undertaking was that the defendants under- took to hold these 26 cases of goods subject to the order of the Supreme Court of Hongkong As to the production of copies of the writs of foreign attachment, on 17th July Mr. Wilgress, then acting manager of the defendant company, called upon Mr. Hays and said they wanted to be supplied with copies of the orders of the Court mentioned in the undertaking. Mr. Hays was under the impression that he actually produced and showed to Mr. Wilgress the writs of foreign attachment, and on 18th July Messrs, Johnson, Stokes & Master sent a letter to the de- fendant company enclosing copies of these writs. The copies were accepted by the defendants as
Formal evidence was taken for the plain- tiffs.
Mr. Slade in opening the case for the defendants said the other side had failed to prove damage; unless it was proved that his client's judgment had not been satisfied he had no action.
His Lordship said he did not think it had been specifically proved but he would not stop the case for that.
BC-
Mr. Slade went on to say that the plaintiffs had never issued execution to obtain their judgment and costs. It was admitted in the pleadings that the defendants bad in their hands a certain. portion of the 26 cases of goods, belonging to T. W. Hind: marsh. Plaintiffs having refused to cept that portion and not having issued execution against them and, therefore, not having ascertained what these goods were, could not say that the goods were not amply sufficient to satisfy their judgment and costs It was perfectly clear that there could be no damage done merely by the fact that they obtained judgment and did nothing with it. If they had issued execution and failed to obtain satisfaction they would have suffered damage.
I
His Lordship asked on whom they we ◊ going to serve execution?
Mr. Slade said it should be served on T. W. Hindmarsh. The defendants had in their
hands a certain amount of the goods. They had offered to hand that over but plaintiffs the defendants were not liable as the plaintiffs refused to receive it. Under this undertaking
claimed. They only undertook to hold goods" belonging to T. W. Hindmarsh, not to satisfy any judgment of the Court of Hongkong, but subject to the order of the Court to satisfy any judgment-the necessary result of an application to the Court to determine whe- ther the goods in the hands of the garnishees were liable to satisfy the plaintiffs' claim. From the words in the undertaking,
"You must, however, produce the necessary order of the Court to protect us in our holding on the other side," it was perfectly clear that the defendants anticipated that some action would be taken on the bill of lading to get the goods out of their hands. The meaning was obviously: "We will be responsible for these goods and hold them subject to an order of the Court if you only protect us on the other side when we get to Amərica,” Mr. Cameron did not specify for writs of foreign attachment but for orders of the Court sufficient to protect him on the other side. The claim showed that the plaintiffs relied on the writ of foreign attachment instead of going and getting a determination of this Court that the goods in the cases were T. W. Hindmarsh'e. If they had got that it would probably have had an effect in the American Court. These goods were in fact taken by the judgment of the Court in America. He proposed to put in that record, under which the defendants were compelled to hand over the goods by reason of the plaintiffs not having produced the necessary order of the Court to protect them.
i