Page
I
SUPREME COURT.
Wednesday, 21st Noverabor.
IN SUMMARY JURISDICTION
RAPECKER AND COMPANY V. OIRAULT
as follows:
RUSSIA AND COMMERCIAL
REFORM IN CHINA.
RICKSHAS FOR LONDON.
In the course of an articls in the Daily Tele- graph, ontitled "An Idea for London, Sir
As to the second of a certain number of casks of oil; that the described and declined to complete the purubaan, these fiduses were the same. subject matter of the contract was as well vasks and therefore counterclaimed for this 26(100 with memorandum (which was also producel) the as oil, and that the casks ought to be of interest at the rate of 8 per cent. from the Coth plaintiff said he had copied the Beures given marchantablepuality as well as the oil Park September to date of judgment. From further therein from the pian, which was the pro
The Chingai Shogun publishes a tologram Edwin ArDoll suggests that London should It J. said This was a contrast for a cargo of doguments aubmitted by Mr. Francis, it ap. |perty of the owner, linos asked th good merchantable Gallipoli oil and rot a peared that the plaintiff denied that he at any plaintif to let him inspect the houses, but the to the effect at Rusinobjects in tolo to the pro-adopt and familiarise the jinriksha muntract for well seasoned casks. The calze sire
time gave
the defendant a second memorandan plaintiff said there was no need on those mea posal that a rovision of the commercial treaty in flinis, he says, a recent invention, oven in Japan, BEFORE HIS HONOUL T. SERCORBE SMITH only an adjunct and Bosanquet J. said "the purporting to give more exact measurementemarements were correct. He added that these sons of granting greater liberty of trade and its birth place, where it has risen to universal
(ACTING Poisne Judae).
circumstance that some of the casks wors than the first memerandum. The plaintiff wern Chinese family houses and that it was the placing of the customs under foreign con popularity and use: und from Japan the defeolite is no answer to the action, von denied that the measurements given in the very difloult to inspect such hosise. The plain- trol shall be among the conditions of restoring employment of the dainty, delightful. com. if all the casks had been defective in some memorandum wore greatly exaggerated and fift told him that most purchasers went by peace to China. The statoamen of St. Peters- modious little vehicle has spread to most of th His Lordship gave julgement in this case responts, us in the lex of a hoop or two, and that the descriptions given by the plaintiff the measurements subquitted to them and burg are understood to maintain that Great Eastern scaporte, such as Shanghai, Singapore, did not inspeet the houses. About three Britain would be the chief gainer by such and Calcatta (why not Hongkong?] It brightens some of the oil had escaped, it would have boon to the defondant at any time were false This is a suit brought by Mosses. Radecker no answer, unless the oil bad been injured, and that the defendant was in any way days afterwards the plaintiff came for the dearrangements, and that they would probably upthetratio with its vivacity and grace of move and Company against Mr. G. Giruult for the price of FU cases of hour, at 6,50 per case, old and beause it does not go to the essence of the prejudiced or misled by the memorandain. The posit money. He told him that the money was have the ultimate effect of converting Chinn ment, getting into nolly's way. going easily
contract. Suppose a contrast for a number of defendant was personally acpainted with the not ready and the plaintiff asked him to write a into a second Egypt. It cannot be dosiad that whore a wheelbarrow or a perambulator és He wrote the such a thought might naturally present itself pass, and, when properly managed and mannel delivered. On the 16th October last; the plain-tales of cotton of a given quality: the bales ton houses in question and made a personal letter to show to the owner. tiffs acted. by word of mouth, to sell to dots arrive and the cotton is of the quality required; inspection of them. The plaintiff denied that lotter euggested, stating that the deposit to Russia. Plainly, if China is to be helped to immensely onhances the amenities of a town of ant the cases of Pilzener bear of three brands. It would be no answer to an action for the price it was in consequence of any misrepresentation would be paid the next day. On the fellow obtain money for the payment of an indemnity, city, and furnishes an ample livelihood to These cases were a portion of a number of ones
of the plaintiff that defendant ing day, the 26th September, he signed the and if hor customs dues as well as the large numbers of hardy, industrious folk. At first the funniest modo of locomotion About lekin and the salt tax are hypothecatul us then lying in this sellers' gradown at Wanchai.35 that some of the lules were rent. It or luisioscription
be of serious consequence if we were to refured to complete the purchase, but that agreement and paid the deposit. Delivery was to be taken in the next two or hold that every defect in the recipient vessel the defendant declined to completo eto the middle of November he received letters security, being placed for that purpose under in the world, to ride in a riksha, soen three days. I find that the sellers wore inade would entitle a purchaser to avoid his contract of the foll in the value of land and houres. from his friend, Hou Tat Then, in Manila, foreign catrol, England is pretty sure to lend grows to neom the pleasantest. You begin by On the other hand the defondant contended They had previously been in the same offee s aware by the hayer at the time of the contract for the commodity contained in it.**
the money and to have chief place on the board langhing at yourself and your human pony. that the goods wore to slipped to Shanghai.
In the present transaction it was beer in that ho repeatedly asked the plaintiff to take clerks. His friend went down to Manila about of control. That result could not be pleasant and and by enjoying and valuing the admiraldo It is i that the contract was for the sale bottles in enses that was all got ceres lakkasi personally to inspect the property in the middle of last year. Before he went the for Russia, and modern Englishmen must contrivanco. I do not propose, however, pro- But, after all. coeds the writer, that the Japaneso Karunya- of goods by description and not hy sample bottles containing beer. The casus wore a mere question, but that the plaintiff always shirked agreed that if his friend succeeded he should fully appreciate her sentiment. Where gfs are soul eud bought by description adjunet; there was no express condition that the such inspection under the protest that as the end for him. In the middle of November his what is to be done Monty has to be found son should be imported into London along with the bus implica two conditions, first, that tho
casts should be row of intent or not nulled, howwe were used as family houses it was difficult friend wrote him saying he was doing well and somewhere, and if England, owing to the in. the jimiksha. He is excellent, chasing, in and enterprise of happens dispensable in Tokyo or Yokoham, we can reads shall correspond with the description and, and the docs not imply such a condition, to arrange for an inspection. Continuing, Mr.advising him to join him. In consequence ha next, that the goods, shall be of merchantable Had the buyer liked. he could have protected Francis said this one particular is of fact he told the plaintiff he wished to go abroad, and to be in the best position for landing money naver expect to see English rikshas pulled in quality. The first condition was complied with himself by stipulating concerning the condition would ask leave to call attention to in the first the plaintiff said if he would offer bin compen shit also to be in the best position for such splendid style as his But one of y reasons for suggesting this innovation is the for tendants assistant, Mr. Kuhu, said "we
taking advantage of any new tradul con of the cases: ho neglected to take that precau- instance was the jasno of miloscription or non-stion he would enneol the grament "get the gods wo bargained for so far as the tion nud suust pay the price of the goods, vis. misdescription. It was charged against them in
cessions obtained from China, it is un- very desirable ouployment it would provids for bunds were cozone," It was bear not
the defendant'e answer that they deliberately and
reasonable to suppose that she is to be our street danfer the nun who runs after the cases which constituted the goods bargained for
falsely, knowing that what they were doing,
debarred from enjoying the fruits of her loaded cab returning with shaside luggage for The sand implied condition is that the goods
what they wore saying, and what they worn
efforts merely bocense of the jealousy of another the chance of sixpines: the taun o prowls shall be of merchantable quality. Here
Power, which nacies a lower place in the ranks the pavement for a job, the man who has ngain
representing was utterly untrue-that they re- it is the boor, and not the cases holding the
presented to the defendant that the property
of progress and material prosperity. An objec strength and honest will to work, but can ad Ites that hold the hoor which must be of
was of a much more considerable area thin it
tion of that nature eaming from St. Petersburg nothing to do. Here would be a new profession Our ill for the success of the peaco negotin for them, and a most profitable one. morcufable quality. The quality of goods includes the state or condition. not the state
really turned out to be.
imitate the exquisite joinery of Japan, which or condition of the packages in which they are contained: and the cases of Jones v Just LR.
with the utmost strength. They would be in- 3.Q.B. at p. 205 and Randall v. Newsom LE
expensive to construct, and therefore to hire, and a poor aan with good muscular foren und sound lungs could soon pay back the money advanced for the purchase of one, and after- wards uke 4. livelihood for himself and his family.
as well as the plaintiff casts of suit. Mr. Dowloy was for the plaintiffs, and Mr. Brutton for the defendant.
IN ORIGINAL JURISDICTION."
Bros HIS HONOUR SIR JOHN CALLING TUN, WMG., (CHIES JUSTICE) AND A SPECIAL JURY.
CHIC WAH V. CHUM KAN,
B.D. at p. 109 show tint the term mer- choutable is exaonymous with the term
In this case the plaintiff is a trader residing sofeable, Was then this beer in a salable at 54. Staunton Strest, and the defendiat a clerk state or cradition? The evidence shows that it in the employ of Mossrs. Deason and Huntings, was: for subsequently to the 18th October 20licitor. It is a claim for the site coses, deposent by the defendant's witness to be formanen of an agreement, the defondant conn in a word condition so far as the cases them terclaiming for $6,000 deposited by him with 8917Cs were concernedy than the 80 casos the sigh- the plain Francis, Q.C., finstynetail by
known
الله
Mr.
Mesure. Wilkinson and Grist) appeared for the plainlift and Mr. E. H. Simary instructed by Messrs. Dencon and Hastings) for the defen dant.
The special jurors were Messrs. R. G. Shewan (foroman). A Haupt. F. Jordan, S. Hancock, J. 8. Yau Buren, G. Stewart, anil J. M. Beattie.
On the application of Mr. Shewan, it was de- cided to allow each juror 810 a day during the
Mr. Francis road
He
tions,
asked witness to consider the mattor and say how much compensation to would be willing to offer. The next day he wrote the plaintiff the letter produced, and which was tinted 15th November, in which he offered $1,000, as com- ponsation, to be deducted from the burgain money, the balues of the lattor to be handed back to him he plaintiff came to him the next sugars it meanн, we presutne, that if Germany carriage-Imilders would quickly learn how fa Mr. Sharp, interrupting, said that Mr. Francis day and said the compensation offered was too misrepresented the case. They did pot sargest énial and asked him to double it. He replied and England insist on following the line of in these vehicles combines the lightest material for a moment that when these nemoranda were that he thought that would be too muck, und given by the plaintiff to the defendant the plain he wrote him on the 21st November wrging tilf had the slightest idea that the statements him to accept his offer. Getting no reply he
wrote the plaintiff asking him to say how mand contained therein worn not true.
This point was argued for some time. he wanted as compensation. The following day His Lordship expressed the opinion that the the plaintif called upon him and refused to pleadings were capable of either interpretation talk absent the watter and said they must com- that the misdescnption was wilful and deplete. He subsequently told him he was going to arrange a mortgage for him for the honges for $15,000. This was the plaintiff's own offer. On the 24th Noromler he wrote the plaintiff. asking him to secure a mortgage of $45,000 ou the premises. Subsequently he discovered that according to the plan the measurements in the memoranda had been materially exaggerated and be accordingly ropudiated the agreement,
Witness was cross-examined at some length by Mr. Francis, the cross-examination not been concluded when the Court rose.
mistake.
liberate or that it was a morʊ
Mr. Francis contonded that in view of his Lordship's rating the burden of proof was en- Uraly on his friend in respect to the mistake.
His Lordship-That he should begin P Mr. Francis That he should begin. His Lordship agreed, and Mr. Sharp offered no objection.
POLICE COUNT.
Wednesday, 21st November.
BETOLE ME. HAZELAND.
FIRE AT A GAMBLING RAID,
escape......
MORE GAMBLERS.
Seven coolies who were arrested on Tuesday night by Sergeant Kerr and a police party at: were fined similarly-the first defendant, as the servanta quarters, Peak tram terminus, keeper. $25 or six weeks hard labour, the re- index 85 each, with the unal alternative, all gambling implements to be confiscated.
BACK AGAIN...
resistance in arranging terms of peace, Russia will stund aloof, and negotiate on her own account. or will pretext the unequal division of advantages as a reason for holding Mau- churia permanently. In that ovent, the Anglo- German agreement, now endorsed by so many Powers, will acquire very practical sigalioanes, Howover, all these accounts of proposals and objections must be received with reserve.
JAPAN'S TEA TRADE.
B
TO LET.
TO LET.
AROM the 1st October FOUR ROOMS and COMPRADORE OFFICES on the 1st Floor No. 16, DES VOEUX ROAD.
Apply to-
SEE WO. No. 69, Queen's Road Central. Hengkong, 19th September, 1900, 245-1
FURNISHED HOUSE TO LET
The Japan Central Tos Association, or what is better known as the Tes Guild, is seriously concerned about the future of the Japan Tou Trade consequent upon the changed conditions of the country making production well-night impossible That the subject is now engrossing considerable attention in Japan is evidenced by a statement made to a press representativo by Ysaburo Endo and Jaemon Ohârn, the special commissioners of the Ten Child at the 66 THE EXRIE," a largo BUNGALOW Paris Exhibition. After referring to the dis-
standing in extensive and lovely advantages Japan laboured under when coon-grounds, uoar the summit of the PEAK.
Commissioner's
For Terms and Particulars, apply to-- R. C. WILCOX,
8. Beaconsfield Arcado. [2822 Hongkong, 6th November, 1900,
TO LET.
pared
with Chiva, the bserved: The volume of Japan's traile with the United States is from 40,000,000 to 42,000,000 pounds a year. Japan tea is used chiefly in the West and North-West. China ton, especially Formosa Colang, is used almost exclusively in New England. Japan ten has recently been driven out of an important market in England, where the product of the gardens of Englishmen in India and Ceylon is now largely sold. Two hundred and twenty million pounds of English-grown tea wore sold in England last year.
"Attempts are being made in Japan to remerly the situation by amalgamating all growers. and thus reducing the cost of production. This is the case in partionlar at Shiznicka. The fact that Shizuoka is in stasits is important, because the town is the centre of the Japan tos industry, has been necessary to import labour from Coron producing almost one-half of the entire crop. It into Kyushu and Laya Besiden Japan tea, the United States, uses a great deal of China green. Oolong. Congo, India and Ceylon tea, upon which the country would fall back if the Japan tea were to go out of consumption.
to
The use of tea has kept pace with the growth- of population, although, socording to fealers, it has not increased per capita. It has indeed,
coffee, which has fallen from 15 to 5 cents a lost some ground, owing to the increased use of pound. The attempt to grow tea in America has had no effect on the market. The growers are heavily subsidized by Congress, but, oving the high cost of labour, the best they can do is to produce tea for 60 cents, which importers can match in body, tasto and general worth with ten which costs only 14 cents. American tea an imitation of that grown in India, and is The fabulous prices some- kept from degenerating into catnip only with the greatest care. times paid for tea, as, for example, $25.8 pound
jet of this sarit t were sad at the same price per ense as the 80 was. And Mr. Marten informed the Court that cases of her forming a portion of the consignments that included the 80 cases in dispate had been sold by him within a few months prior to the 16th October. No evidence oť weight hus boon offered to prove that the
Mr. Blurp said he thought the jury would beer was of bad quality. The ovidence was directed to show that the cases holding the wor
find in respect of most of the facts in the case ware ant pierchantable for shipment, what
that the two sides were agreed. There was very little divergence between the story they ever that may mean. It is obvious, however, hearing of these the pleadings in the ass would hear from the plaintiff and the story thut both the cases and the bour wore in a sale-- able state or condition and therefore of mer. In his petition the plaintiff said that by agree they would hear from the defendant in regard chantable quality falling the condition in niet dater the 28th day of September, 189, to the main facts of the case. Sneh divergences plied by lus in respect of the beer. Later on I the defendant agreed with the plaintiff for as there were were of course of vital importance. shall refer to the case of Gower v. Dedatzen 3 the purchase by the defendant from the plain. The plaintiff, who was a land broker in Heng. Bingham N.C. 717 as my authority for tresting tiff of a piece or parcel of land situate kong, had frequently approached the defendant, the heur and not the cases as being the goods in Victoria and integudet to be registered in the who had command of a little money. The parties that were sold. The general rate is that there Land Office us sections 31, 32, 33, 34, 35, 36, 37, were in a Chinese sense related to one another. is no implied warranty for condition as to the 38, 39, and 40, of Marine Lot 55, with the mes-That was fo say they called one another uncle quality or fitness for any particular purpose of sanges and tonemouts and buildings then stand. and nephew, they being from the same district.
A police rail was made on a gaming-hous goods supplied under a contract of sale. The ing thereon and known as houses Nos. 18, 20, The plaintiff was a very senior man to the de- defendant howover alleges that the circum. 22, 21, 20, 28, 30, 32, 34, and 36, Gilman's Bazaar, fendant. About the middle of September of at 44, Staunton Street, on Tnestly, and the for the residue of s tem created by a crown last year the plaintiff went to see the defendant result was seen in the appearance in court of stances bring this transaction within an excep tion to the general rule, bacunsa he had made lease of the said Marino Lot No. 55, for $60,000, at the office of Messrs. Deacon and Hastings eleven chair coolies, who stently denied the the sellers the particular purpose for whereof 36,000 of which was paid on account on regarding the particular investment to which the charge of being, two of them, kepers of a com- which the goods were required, viz, slipmont the date of the signing of the agreement. It attention of the jury woukl be directed. The mon gaming house, and the retainder of being
gamblers. to Shanghai. The phrase particular purpose" was further agreed that the plaintiff should at plaintiff pat it before the defendant without
Inspector. Warnock said that when the cooles means the purpose to which the goods are his own expense make a good title to the pre- any particular impropriety that it would be to be applied. The purpose to which this boar anises, that the purchase and sale should be cons very good investment if he would purchase were surprised by the police there was a great was to be applied was not shipment, it matters pleted on the 29th of November, 1809, and that this property for 860,000. The plaintiff gave scramble for the door, and a kerosene lamp was not whither. Shipment is merely one set in the balance of the purchase money should be then to the defendant a written memorandum par kicked over. setting fire to some things in the a series of pets constituting transport or paid, sad that the plaintiff should thereupon porting to contain the dimensions of the pro room. While the police wore engaged putting
It was in the plaintiff's own land-
managed to good and valid assignment of the party. removal for some ulterior purpose to which execute the goods are to be applied. This defence promises to the lefendant. By agreement be writing, and the plaintiff sdmitted it Sah-out the fire several of the prisoners:
The two kuopers were fined $25 each or six then does not fall within the exception, and tween the plantiff und the defendant the date of sequently the plaintiff gave the defendant
Bacond memorandum. This
was not weeks hard labour, and the remainder $5 each the general rule prevails that there is no implied completion was subsequently postponed until a warranty or condition as to the quality. or the 30th November. The plaintiff was ready and written by the plaintiff, who denied all or 14 days hard labour, all money and imple- willing on the 30th November. 1899, to execute knowledge of it. The second memorandum, ments of gambling to be forfeited to theCrown. fitness of this beer for any particular purpose.
very materially Then again the buyer rejected these goods, a good and valid assignment of the premises to however, did not differ
from the first, but the difference between the he saye, because the sellers und delivered to the defendant, but the defensat refused to him a quantity of guoits less than they had complete the parchase or to pay over to the measurements in the memoranda and the sotiral contractel to sell, viz. 80 cases instead 100 plaintiff the balance-$56,000 of the purchase measurement was material, being 13 or 14 per This defence was raised at the trial: money. The premises ware aut of the valne cent. The defenitant asked the plaintiff to let whereas the evidenco was that the goods were of $15,000 only, and the plaintiff had lost him see the plau. The plaintiff went away and rejected at the time becane tlicir containing sum of $15,000, and his costs. larges, returned in about an hour saying that he could cases were not in good order and not merchant and expenses of and in connection with the said not bring the plan but that he had got the figures able, for Mr. E. Girault said, I refused to agreement. The plaintiff therefore prayed that from the plan, and these figures were put in take the go because the cases were not the defendant might bo ordered to specifically the second memorandum. About the middle in good order" and again "the cases of boer perform the said agrestent to purchase the of November the defendant wished to leave the were not merchantable. If the sellers ten- said piere or parcel of land and premises and to colony and to close all outstanding and un- El delivery of all the 100 cases, obviensly pay to plaintiff the balance of $59,000 of the corapleted transactions. He wished to raise the bayers had no right to reject them, as purchase money with interest thereon at 8 per money to start business at Mania. At that the gobi vero of merchantable quality and cent per annum from the 30th November, 1899, time the defendant, did not know anything sorresponded with the description by which until the date of the judgment, or in the alter about this misdescription or that he had any they were sold. And while it is the duty of native that the defendant should be ordered to legal right to rescind the contract. The dafer- the seller to deliver the goods, it is the day pay to the plaintiff $16,450, with intersat dant certainly did in the middle of November of the buyer to accept and pay for them thereon at the rate of 8 per vent per annum ask to be allowed to compensate the plaintiff for Now delivery man volontary transfer of from the date of writ to the date of julgany loss which he had suffered by letting him In his answer the defendant admit off his bargain altogether. The plaintif de possession from one person to another. The ment.
ller's duty of delivary, in the absence of ted the allegations contained in the first clined to let the defendant off his bargain, and any agreement to the contrary, is fulfilled when ve paragraph of the petition except from the 21st November to the 29th Norenber Le affords to the onger reasonable facilities for ing the allegation that a map or plan of the the defendant was occupied in making a dnazı taking possession of the
It was not, and could signing of the agreement, and save the allega- which he had no doubt he was obliged to do. On the 29th November the assignment which not be secessfully contended by the buyer tion in paragraph 5 that the plaintiff made:
Kwong Kwai Lama, 32, doctor, 4. Went Strest. that the sellers in this case did not afford him good titto of the said promises. The defendant the parties were to execute was banded to th moh fucilities The buyer's head coolle went male repented applications to the plaintif for defenciant, who said he wished to get some in- and U Shui Cho, 56, musiclan, 208, Hollywood to the sellers godown where the 100 cases were the said map or plant, but none was ever shown dependent solicitor-that was to say his own firm Road, were charged, frat, with Jaring on the placed at his disposal and where he had reason to him until the 28th Novembor, and the of solicitors, Deaconand Hastings to peruse the 20th, in Victoris, unlawfully and feloniously able facilities for taking possession of all the plaintiff had not as yet shown any title to the assigament to see that it was in order. The administered to the complainant. Tee Pur, 100 casos, Thus the sellers performed their wail premises. On or about the 19th September, assignment, or the draft of it, was sent to merekant, 258, Queen's Road Central, a stupefy auty under the contract by delivering all the 100 during the negotiations for the agreement. plain- Deacon and Hustings office with a plan winering, overpowering drug, with intent to cable cases in the buyer, and the buyer was, under the tiff callest upon the defendant at Deacon and ed. Then for the first time the defendant themselves to commit a larceny: second, with discovered that the measurements in the stooling from the complaissut $1.250 and four circumstances. hound to accept, because all the Hastags office and gave him a written memo
He put the sovereigns; and third. with obtaining unlawfully implied conditions attaching to sale of goods randuca purporting to show the measurements memoranda were not correct
silk For Corinfo-2 cases silk. For La by description had been fulfilled, the goods beth of the said promises. Subsequently, and before whole thing before Mr. Deacon, who advised from the complainant certain money to wit, For San Francisco 234 pkgs ten, 15 cases auswering to
their escription and being of the signing of the said agropment, the plaintiff him to rescind the contract, which he promptly $1,250 and four sovereigns-by false pretences. Libertad cast silk. For Punta Arenas
Both defendants pleaded not guilty morehantable quality Morrer in the go again called upon the defondant and informed did. Sines then nothing had happened in the down the inyo had a reasonable opportunity of him that the aid measurements were under matter which he nood draw attention to 4 very significant fact was this-that directly examining the goods for the purpose of ascer stated, and gave him a second written memoran
this error was discovered the plaintiff came over taining whether they were on conformity with dum which he said contained the exact measure-
into the presone of ALLEGED THEFT FROM A STEAMER the contract. The buyers not deemed to have ments. On the 29th September an engrossent to the office and was taken
Li Kam and Chan Kwai, marine hawkers accepted the goods until he has had this oppor of an indenture of assigament of the said Mr. Deacon. He was shown the figures in
and asked if he could who were romanded the other day on bail of $50 tunity but, having had the opportunity and the premises made between Creasy Ewens of the the memoranda implied conditions having been fulfilled, he was first part, the plaintiff of the second part, and explain them. The plaintif's reply was If each, were again brought up charged with ot accepting, and it does get the defendant of the third part, with a figured any mistake has been made I must make it feloniously stealing one brass valve, an oil tap. under the necessity matter whether he accepted or dif not accept plan annexet. was honded to the defendunt right. What he meant by that reaisk he did and one pipe, value $25, from the s.6, Perthshire
lect the goods, the From the said plan and from further in; not know, but there was not the slightest sug-in Victoria Harbone on the 19th inst. There being no right to reject
P.S. 83 said he saw cargo boat 1.402 going question of acceptance or non-acceptance bevestigation which he thereupon made, he gestion on the part of the plaintiff at that time: comes immaterial. In this view of the case, discovered that the said rassurantente pra that this second memorandama bud not been from Kowloon to Hongkong, and followed the bont in the police pinnace. He boarded, and on by the plaintiff to the defendant the Court is relieved from the ety of viously given to him by the plaintiff had been given format was then placed in the witness purching found in a bag concealed in the holid examining the evidence as to what courred greatly enggerated and the premises falsely The in the godown after the first few minutes described by the plaintif in essential parti box, and he corroborated the statement of his the articles mentioned in die charge that with a view to determining whether there was culars Buch misrepresentations operated to counsel, He said he had known the plaintiff First defendent, on being questioned said he or was not an scorptance by the buyer in par- the Forious prejudice of the defendant, who there since July or Angust of last year. He knew bought them for $36 from the second defendant, fozzinace of the contrade. If it be necessary to by was substantially deceived and misled, and him because he (the plaintiff) had leased some who in tuin averred that be bought them for was induced to enter into sach on agreement houses to him. The plain mentioned this 36 from a fireman on the Perthshire. On wit decide whether the goods were or were not in o deliverable state. Eliold that they were. The which he sold not have otherwise done! In property to him about the 17th or 18th Septem, ness's taking him to the steamer, second defen contract was for the sale of beer in coves: 10- coneguenes of the plaintiff's misrepresentaber last year. He told him that it would be a dant pointed out two European Bremen as the thing was expressed in the contract and nothing than the defendant declined to complete the pur-
memorandma the plaintiff wrote him one out things we can
Joseph Dufy has faced the magistrate pretty frequently of late, for one thing or another. He was now charged will: being a fagrunt. Duffy, it will be remerabered, overstayed his leave shure some time back-he is a frenas and his ship, the St. Andre, sailed for South Africa without him, tat having on board all his money and possoasions. The police, made arrangements for him to work his passage to the Cape by the transport Mohawk to enable him to rajoin the St. Andrew there, but the Mohawk's captain would not take him, and ho was again loft stranded.
The magistrate ordered him to be sent to the
apon place of delivery, fit the agreed premises was shown to him on or before the vial arrangement to complete the contract, house of detention.
A SERIOUS CHARGE.
is
for ten atoles from the Emperor's garden,' are the source of much ariusement to mer.
hants in this city. They my that is to cost even Stor 35 pound would have to be grown on fairy islands.
EXPORT CARGO.
Per stoutner Hongkong Maru, sailed on the 6th October, For,San Francisco-355 pkgs. For Champerico-2 cases silk, For tes, 10 cases silk. For La Libertad :-- I ease silk. Gosyaquil :-6 enses silk. For New York:-3 cases silk, 45 bales raw silk.
1
Per steamer Chine, sailed on the 13th Oct..
The hearing was adjourned till 9.30 on the ass silk, Yer Panama --13 ogses ailk For
5 cases silk. For, New York: 30th instant, defendants being allowed bail of 1 case silk, 154 Bales raw silk, 50 bales waste $3,000 each. Mr. Recce is prosecuting.
ONE
(From 1st December.next.)
SPACIOUS GODOWN. with Uppur Floors for Dry Goods, Ny. 4. facing the Sea, and sitasted at BELCHER'S BAY on M. Lot 243.
Apply to
f2772
PAUL JORDAN,
1. Duddell Street. Hongkong, 30th October, 1900.
TO LET, WITH IMMEDIATE POSSESSION.
SPACIOUS ROOM, suitable for
A
OFFICE, on N.E. corner of Taik FLOOR, PRINCE'S BUILDINGS,
Apply to-
$13
8. J. DAVID & CO. Hongkong, 10th July, 1900,
1945-
TO LET.
QUEEN'S BUILDINGS.. "WAGENINGEN."
NE LARGE ROOM. THIRD FLOOR,
PEAK.
MOUNT KELLET.
13, PRATA CENTRAL, now know: no
20, Daa Veux ROAD CENTRAL ROOM:) oc
2ND FLOOR.
BLUE BUILDINGS
TOP FLOOR of the GODOWN No. 2A,
A HOUSE in EIPON TERRACE.
Apply to
THE HONGKONG LAND INVEST-
MENT & AGENCY CO., LD. Hongkong, 9th October, 1900...
TO LET. FROM THE 15TH DACENDER, 1900.
LUGINSLAND BAST, FONTS
[81
ROAD,
an EIGHT-ROOMED HOUSE. Apply to
་ ྩོ ་ ས ARNHOLD, KARBERG & CO. Hongkong, 17th November, 1900.
TO LET.
[2001
From the 1st December Next, ...
" INGLEWOOD," FIVE ROOMED HOUSE, with TENNIS
COURT.
STONY BROOK COTTAGE.".
A FOUR ROOMED HOUSE with GARDEN. Apply to
· HUMPHREYS ESTATE AND FINANCE, CO., LIMITED. Hongkong, 31st October. 1900. [2545
BOARD AND RESIDENCE,
R S.
GILLANDERS
"GLENWOOD,"
21, CAINE ROAD. Hongkong, 20th September, 1900,
Per steamer Dorie, sailed on the 23rd Out. For San Francisco-250 pkgs. ten. 17 cases. 4106 cases silk: For Callas cases silk. silk. For Corinto cures silk. For Pall- Cuses ik For Now For New Orles
M York 2 cases sills.
For steamer Nippon Maru. sailed on the 31st October. For San Francisco-665 pkgs, tes. 12 cases silk. For Corinto 1 case silk. For La Union:-2 cases silk. For Panama :-6 Callao-2 cea silk. For Baltimore: cases casos silk For Guayaquil cases silk. For silk.--For New York:-) bales saw silk.
Per stemmer City of Rio de Janeiro, miled on the 8th Nov. For San Francisco:78 pkgs. tea. 10 cases silk For In Libertad case silk, or Corinto casus zilb. For San pericol casusilk. For Fomana:-9 case silk. The Magistrate held that suficient evidence For Guayaquil 1 ease all For Callas-5 For Washington 1 enso; silk The state in which the beer was delivered was the plaintiff should return to the defendant It gave particulars as to the messurentents of the
JAMA Tor New York ses ilk00 tales raw silk that was the state in which the buyer the sum of $6.00 paid as bargain money. The houses. He saw the plaintiff the same night at his was, under the contract, hond to take delisty plaintiff had not retarded the said deposit or house. The next interview which he had had not been adduced to warrant a conviction, cases wilk of the beer. "It was sigtet fa Court that bargain money, and therefore the defendant the plaintiff took place the next morning. He and discharged the defendants,
is implied in law as to the condition of the casee. clinse stie said premises and demanded that investment for him. On being asked for persons from whom he had purchased the Joad de Guatoriala;2 Cases Milk For Cham-
i
enses,
thus contract was for the sale of cases of beer vot claimet leave to counterclaim. The defendant asked him for particulars as to the length and of best in cases. On this point the cause of Grower had no knowledge of the present value of the
breadth of the property and also for
plati
The plaintiff went away and returned, iti, noont
FOOTBALL
7. Detalen trapra directly bour Tharo, in premises, and therefore did not admit the allega an action for not performing a bontent to par- dous on the point. Continuing, Mr. Francis an hour, He said there was only of The following team will repreemt Civilians chase a cargo of good merchantable Gallipoli said that on the same day the defendant conn which the owner was keeping and headed hav. United Services this afternoon. The kick-off oil contained in 240 ples that the casks, it was held that a terclaimed and sent in his counterclaim. In another mainorandum, saying "These are the fis at 4.16, prompt sém
containing the off were not regard to his counterclaim the defendant correct measurement of the house in question Back Russell: three-quarter tacke Cle at the time of the contract, good merchantable said that on the 30th of September, 1800, Tas first memorandum (which was produced) menti, Henson, Low, and Ardron, half back
ska, was ill.
the defendant paid the sum of $6,000 har did not say anything about the width, but the Howkins and Deacon: forwards-Saunders, gain money. The defendant subsequently diskintiff said that Chinese bounds were generally Johnson. Bibliop, Halifax Wilson, Sandford, covered that the property was mafezially mis. about 16 feet wide, and he might take it that Stockwell and Mollertrie (Capt.).
It had been contended that the contract as not for the sale of a given quantity of oil, but
[2457
BOARD. AND RESIDENCE; OMFORTABLY FURNISHED
COMTOME, With Bond
Apply to Mrs. MATHER,"
2, Pedder's Hill. Hongkong, 1st Jannary, 1892.
BOARD AND RESIDENCE.
MVERITAS,"
TES SIDNEY JEFFREY. ENES BEMOR ROAD WEST,
FELIXATOWE, SUFFOLK, en ENGLAND.
Hongkong, 28th Angust, 1900.
NEW NAME FOR LIEBIG COMPANY'S EX- TRACT We notice that Liebig's Extract of Meat Company in decided to put another addition to the well-known blue signature J. Y. distinguishing dark upon their Extract in Liebig On and after the 1st of January, 1900, ing Liebig's Extract of Meat Company's initials, all their jars will have an additional label bear-
1414-1 zoon be generally knowti. LEICO, by which name their, Extract will
ད།
WO FAT & €0.9
(2293
HIP, CHANDLERS, SAIL MAKERS, GENERAL STOREKEEPERS, No. 11, LEE TOEN STREET, Dist Hougtong, 25th July, 1900,
(2074