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Sir Henry-I know of no cise.
The Chief Justice-I know several. Sir Heary-Appeal to the Privy Council is restricted, and the sum involved must be more than £500. There are tens of thousands of dollars involved in these proceedings. I charge it against this prosecution that this is an act of intimidation, but fortunately my clients are not to be intimidated. They have stood up in defence of their rights and intend to rely upon the independence of the jury to defend their rights. I feel inclined to apologise for occupying your time at length, but I ask your attention to what is called the similarity between these bottles. I must ask you to allow me to call it a glaring dissimilarity. Continuing, he pointed out that no one could mistake the two girls on their label for a fountain or the great American eagle.
THE HONGKONG WEEKLY PRESS AND
Tung Tak Tim, managing partner of the Kong Sang, said his firm manufactured His Florida
and other perfumes. waler trade mark, which was registered, was the two girls without any surroundings. There was a Arm of the same name in Canton. It was their branch. They had been selling Florida water as made up at present for two years. There were many other Florida waters sold in the Colony besides that manufactured by prosecutors and by the defendants.
Mr. W. G. Humphreys was called for the defence and questions by Sir Henry as to the likelihood of an intelligent man being deceived by the appearance of the defendants' bottles.
Would you be deceived by Kwong Sang's get up -Certainly not.
You could not possibly take two girls (on defendants' labels) for a fountain, could you? Not very well.
he Chief Justice-This is all on the basis Sir Henry-On the basis of the intelligent man who wants a bottle of Florida water.
The Chief Justice On the basis that he knows Lanman and Kemp. Do you know Lanman and Kemp's?
Witness- Yes,
The Chief Justice-Knowing Lanman and Kemp's label you would not be deceived ? - Certainly not.
If you wanted Lanman and Kemp's would you take that bottle ?-Certainly not.
Cross-examined-Do you know that Linman and Kemp were the inventors of Florida water? -I do not.
You have heard it? No. You know that they are very old manu- facturers P-Yes.
Would you be surprised to know that they have been doing business since the forties P-No.
Would you believe that they were the first to manufacture Florida water-I should not be surprised.
Do you believe it ?-I do not know.
Oh, that is your attitude. A bland don't know. You don't know anything about Flafida water except that made by W. G. Humphreys?
-No.
You know that Humphrey.' Florida water is quite as good as that of Lanman and Kemp? Yes, and a good deal cheaper. (Laughter, in which his Lordship joined.)
That soroll is as near Lanman and Kemp's as you can go ?-I deny that.
was not the exclusive right of Lanman and Kemp.
They have threatened proceedings against you ? No.
Is there a particular shape for Florida water bottles ?--Yes. There is a particular shape for beer or champagne.
Their solicitors have written to you ?—Yes. Witness admitted that he had been approached by Lanman and Kemp's solicitors on the subject and had undertaken not to sell any Florida water peuding these proceedings,
You are therefore interested in having this action dismissed?-Yes.
Sir Henry-You are on your oath ? Witness-Yes.
And you have told the truth ?—Yes. The manager of the Sincere Company spoke to selling both Lanman and Kemp's and the Kwong Bang's Florida water.
former at 65 He made more more of the
Cross-examined - He sold the cents and the latter at 35 cents. profit on the latter, but he sold former.
Mr. Nobbs, a chemist in the employ of Messrs. Watson and Co., said the firm manɑ- factured Florida water. It was a general name. Any chemist could make it as there were varions formule widely published. There were very many brands of Florida water and the name
The Chief Justice--What do you say? Witness-You jan always tell a bottle of beer or pickles by the labe
The Chief Justice- You tell a bottle of champagne by the label?
Witness-Yes. (Laughter).
Sir Henry-That is the only way of telling champigno.
Witness afterwards mentioned the other brands of Florida water, and said that if he wanted Lanman and Kemp's and did not know their label he would not accept the Kwong Sang'. There was no resemblance in the label. In his opinion no one could mistake the one for the other of the two bottles produced. A Chinese purchaser was more observant than An European.
You make your Florida water from Lanman and Kemp's recipe ? No, we don't want it.
Have you a registered trade mark ?—Yes, The red label is not peculiar to Lauman and Kemp-No.
Cross-examined-Lanman and Kemp are the pioneers of Florida water ?—I don't know.
Have they not the reputation for it?-No. They are one of the best manufacturers, though there are others quite as good.
Can you suggest why Watson's label should have a fountain like Lanman and Kemp's? No. Witness added that the two girls on Kwong Sang's label was such a distinguishing mark that no one could mistake the bottle for Lanman and Kemp's.
This concluded the evidence, and the case was adjourned till Monday:
THE SUPREME COURT.
The report of the Registrar of the Suprema Court for the year 1907, was laid before the Legislative Council by command of His Excellency the Governor, on April 16th, 1903. It states:
ORIGINAL JURISDICTION.
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[April 27, 1908. Of these 9 were disposed of, being :-From the Chief Justics, 3; from the Puisne Judge, 2; from the Magistrates, 4; total 9; leaving pinding.
The number of actions instituted in this division of the Court daring the year 1997 was 261, and there was 16 pending at the com mencement of the year. Of these, 143 were disposed of during the year, 39 being settled or withdrawn before tri 1, leaving a balanca of 280°) undisposed of. The total amount involved was $3,276,2 3.2. The debts and damages reverel amounted
to $809,049.36. There WAS injunction or interim injunction granted. The total fees collected and paid into the Treasury amounted to $16 201.35.
BUMMARY JURISDICTION.
The number of actions instituted was 1,84 during the year 1907, and 43 were brought forward from 1906. Of these, 1,912 were disposed of, 792 being settled or wi hdrawn before trial, and 231 being struck out of the Cause-Book as having been standing over generally for more than a year, leaving a balance of 225. The total amount involged 83 $474,500.43; and the total fees collected and paid into the Treasury amounted to $375.19.
Leave to appeal to the Privy Council was granted in one case, Le., In Original Jurisdio- tibn Action No. 149 of 1902, Ceasar Leubs and Charles Lanba v. J. Ullmann & Co.
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ADMIRALTY JURISDICTION. There were 5 actions instituted, 1 of which, was disposed of, 1 having been settled before trial, leaving 3 pending. The number of vessels arested was 1. The total fees received and paid into the Treasury amounted to $314,50.
BANKRUPTCY JURISDICTION.
of
There were 51 petitions filed, 34 being creditors' petitions and 17 being petitions by the debtors themselve The number receiving orders made was 46, being 31 on creditors' petitions, and 15 on debtors' petitions. made. The One administration order was number of public examinations held was 31. There were 39 adjudications; 2 compositions aud 1 scheme of arrangement were approved by the Court, There were 3 discharges. The aggregate aniount of declared assets and declared liabilities was $860,309.99, $2,353,714.06
The fees paid into the Treasury amounted to $6,255.23, | including the Ooial Receiver's commission as trustee where no trustee has been appointed by the creditors. A tabulated statement of the work done is attached to this report.
PROBATE AND ADMINISTRATION.
There were 174 grants made by the Court, being. - Probates, 82, Letters of Adminis tration, 93, total 174. The aggregate value of the Estates was $12,675,710,00. Probate duties amounted to $368,938,0), Court fees amounted to $11,820 90 and. Official Administrator's commission paid into the Treasury to $1,468,13. There were 4 estates s'ed in, or administered by, the foal Administrator during the year repressoting au aggregate value of $24,560.78.
estates were wound up during the year, as against 39 in 1906, representing an aggre. gate value of $20,977.40.
(FFICIAL TRUSTS,
The total number of trust estates in the hands of the Official Trustee at the end of 1907 was 2. and the aggregate amount of trust funds $116, 2147 as against 24 estates aggregating $111,707.58 in 1916, and certain house property,
REGISTRATION OF COMPANIES,
The to'al number of empanies registered from the commencement of the "C.mpanies O. dinauce, 185, " was 53) with an aggregate ospital of $245.155, 803.
Of the 50 compni-s on the register 94 are defunci, 2 were not floated, 120 were wound up, and 52 were in the course of being wound up, leaving 282 on the register at the end of 117 representing an aggregate çipital of $163,434,528
There were 29 companies registered in 19)7, the rivenue from which was:-Registration fes, 812250; filing and other fees, 1,969.90; total, $197.49.
FEES AND COMMISSIONS..
The total sms collected during the year by way of fe-s and commissious paid into the to $6,156.78, as against Tresney amounted 3290411 in the previous year.
STAFF.
The number of distress w rrants for rent issued was 469, representing aggregate ddpaid rant amounting to $65,614.26, of which the aggregate sum of $12.122.50 was recovered. 229 warrants having been withdrawn on settlement between the parties. he fees collected for issuing distress warrants and paid the 16th March and returned to the Colony on into the Treasury amounted to $2,770.
CRIMINAL JURISDICTION,
There were 34 cases and 70 persons commited The for trial at the Criminal Sessions. number of persons actually indicted was 56, of whom 43 were convicted and 8 were acquitt d. Again t 13 persons no indictments were filed, and they were discharged pursuant to the provisions of "The Criminal Procedure Amendment Ordinance, 1904," and one case was postponed,
APPELLATE JURISDICTION, There were 13 appeals instituted during the year, being:From the decision of the Chief Justice, 5; from the decision, of the Paisa Judge, 3; from the decision of the Magistrates, 4; and from the Award of an Arbitrator, 1; total 13.
Mr. Afafhoon Seth, 1.3.0, Registrar, &, proceeded on 4 months vacation leave followed by 4 months leave of absence on half salary on
the 6th November resuming his duties on the following day. During his absence. his place was filled by Mr. Kemp, the Deputy Registrar and Appraiser, who continued to act also as Official Receiver in Bankruptcy..
Mr. Melbourne. Magistrates' First Clerk, acted as Deputy Registrar and Appraiser from the 11th April to tue 14th August when he was transferred to the Magistracy to act as 2nd / Magistrate.
Mr J. H. Kemp, Deputy Registrar and Appraiser, acted as Offial Receiver in Bank- rap cy from the 2nd April, and as Registrar, &c., from the 16th M to the 6th November. Mr. J. Dyer Bill, Chief Interpreter, con- tinued to act as Assistant Registrar General until the 22nd January when he resumed his duties in this department.