P
SUPREME COURT.
Wednesday, 26th August -
IN ORIGINAL JURISDICTION.
BEFORE HIS HONOUR SIRD WILLIAM M..
Goodman (Chief Justice).
ACTION AGAINST A.COMPILADORE
THE HONGKONG DAILY PRESS THURSDAY, AUGUST 27 1908
to
small ones, and he seemed to have gỤNG AWAY 6 | and it was stated that his shares then "went the son of the surety. Nothing of that bad been pleaded in the statement of defence
CHANG CHIHTUNG'S VIEWS. THE ANGLO-AUSTRALIAN TEAM.
VIEWS.
Ex-Vloeroy Chang ben béon Interviewed by A. C. MacLaren's refusal to go out to zinstralia the Aschr's correspondent. His Excellency uniter the captainship of. P. F Warner is the and looking at the fasts that bad been prayed takes the view that China is not strong anour obief topic in ccioket oiroles, current matches in evidenco he could not say that they continued occupation of Manchuria, and that if in the county championship exciting only some third Fopter intervenes to bring about longnid interest by comparison. Although
moant much more than this, that the old
an interest in the profite naturally took keon interest the business and wanted to see
to give effect to her protests against Kusala's
Ili It will be only a trazefer of sinister was almost inevitable, it has focussed renewed
man, having become surely and having: goersonation: Bussia will turn her hand towards / MacLaren's defection under the circumstances An action was called in which Tin Wing it thrive. In the case of nearly all Chinese activity from one place lo another. The old attention on the singalat methods pursued by Shing, trader, 10a, Kennedy Street, saed Las firms everybody tɑ had any finger in the pin Viceroy is not represented as having followed the M. C. C. in eclecting the team for Australia.
PHOTOGRAPHIC
PLATES, PAPERS AND CHEMICALS
EASTMAN'S KODAKS, FILMS AND ACCESSORİES,
DEVELOPING AND FRINTING UNDERTAKEN
A. CHEE & CO.,
THE
17A. QUEEN'S BOAP, HONGKONG,
{83
́ELECTRICAL CO.. LD..
LONDON,
AND
ELECTRIZITAETS ACTIEN GESELLSCHAFT VORM.
W. LAHMEYER & CO., FRANKFURT A/M.
SIEMSSEN & CO., SOLE AGENTS FOR CHINA.
1243
that
Kam Ching, compratore, 8, Queen's Road always wanted to put in a relative of some dos. Central, for $3,779,02, money dus and interest, aription, and get something out of the Mr. M. W. Slade, barrister at law (instruetod business, if only $5 a month. So the old maa by Mr. F. X. d'Almada e Castro, solicitor), ap- get the compradors employ his son in the peared for the plaintiff; and Mr. T. Morgan business and the son was to get $10. That was Phillips, barrister-at-law (instructed by Mr. 3. to be paid by the compradore. The son having Hays, of Mesers. Johnson, Stokes & Master, been got into the business and having been solicitors), appeared for the defendant, promoted from the first post he held to another Plaintiff in b's statement of cisim stated in post, having been seat up to Canton for four.or the third paragraph that in July, 1997, defendise mouths, and having apparently made him- aat became compradore to the firm of Holtz, self rather notive in the business, it was a b'Jacob & Co, and the plaintiti at the request a natural thing that he being the son of this of the defendant gave charges dated 8th July, aurety should be employed by the man who went 1997, and 31st July, 1899, on certain properties away to act in his place. But that was not of the plaintiff to the said firm as security for because he was a partner in the business but the performance by the defendant of his duties because no way an employes who was a suitable as compradoro to the firm. (£) Defendent person to act in his place, and probably ceased to be compradore of the firm in October, because he thought it would please", the 1900, and being indebted to the firm as com suroty to hayo his son employed in that. pradoro requested the plaintiff to pay a sum of way. The only real question was with $7,900 to the firm and agreed to pay interest regard to the adjustment of accounts between on that sac at the rate of 39 per $1,000 par the surety and the compradors. The surety, he Chinese month from the date of the payment understood, never got anything at all out of of the said sum to the said firm until repayment these. There were certain advances, all of which by the defendant to the plaintiff. (5.) On or came out of the $7,000 which he had to pay, about 8th October, 1900, the plaintiff paid had never got any profits. The consideration the said sum of $7,000, to the raid firm for becoming sarety had been ntterly worth that Russia sulesequently conceded to Marquis Daily Express --bere is. I know, a distinct suggested limited competition should be given thorities of the Telo of Sakbalin are mostly
loss so far as he was concerned He hod paid 87,000 to make good the deficiency in the comporndore's business and when he asked to have the residue paid back to him by the com- pradore he was told, “No. I cannot; you are the compradore as much as I am; we have got to adjust the accounts and be liable for the deficiencies." The concinsion his Lordship
(4.) Plaintif has received and giren crolit to the defendant for $450 paid by one Lo Lt on account of the defondant and $652 paid by the defendant; and the defendant had paid at the request of the plaintiff to or on behalf of the plaintiff's son, Tin Lap King, $1,015 and to or on behalf of the plaintiff's son, Tiu Xhu Sam, $1,451.41. moki g ip all 83,571,41, and leaving a balance due and owing by the defendant to wum of $3.-4-23.59 to the date of the writ
He
базідеся
CATOOT. to
the Consular enter
With MacLaren a corlain absentee and Fey a eas that train of reasoning. He does not say
doubtful startor to say nothing of the abaten- what he must have said had he panced the matter to its logical sequel, namely, that tion of several other cricketers who could not be since all China's outlying territories are left out of a test match at home-it does not
look as if the authorities at Lord's are to get a LAHMEYER doomed to be esten up, it really doesn't
team together either fairly representative of matter mush where the process of con
Engled's strength or possessing a reasonable sumption takes place. History has been
cbance of "bringing back the asbes" from the inexorably consistent in this matter. It began Antipodes. The financial difficulty has also to be written in 1873 when Margnis Saigo led a cropped up in an acute form. Several of the Japanese force to Formness to exact reparation invited players are still in negotiation with the for outinges against the Liusin isladors. M. C. C. on the question of terms, those offered FOR ESTIMATES OF ELECTRICAL INSTALLATIONS OF ANY DESCRIPTION
Apply to- From that day Linkin, the first of the buffer at present tong regarded as quits inadequate states, practically ceased to be a Chine for an undertaking which, under successful dependency. Then followed the Kuldjaditione, ought to prove highly remunerative.
are undoubtedly of interest' and value to the killing with their whip the men delivered into fair in 1878. Russia, on that occasion, sət
The financial difficulty is not the lenst of the
certain sum out along pretty much the same route that
worrien which the M.C.. are experiencing in commercial community. The committee have their bands; the prisoners have to pay them a mitigate the strength of
skill being such she has followed with regard to Mauchacis.
same number of lasties they She showed at first the utmost readiness to making up the team, The invited professionals reason to believe that, if opportunity is afforded the last their
have been offered £300 and expenses, together to young men of from 29 to 27, who at with the consider Chineno rights, and declared herself
an kill a man or also inflict on him the least pain possible. The system of utter willing to surrender all the territory she had with a hour should the tour prove successful, the age of from 18 to 22 have chosen a
improving their morals, totally degrades them; ocenpied so soon as China took steps to garrison Soverol players received more than the sum it effectually. But when the moment game to stated on a previonstrip,aud at least two who bare Service, there will be no dearth of suitable gruelty, applied to the convicts, far from been invited on the present occasion are under applicants for permission to competo. With Doroskevitch abus clearly what a demoralin sign the Livadia Treaty, St. Petersburg bold
stood to be withholding their acceptances until out proposing that, at first, candidaturo fo, tion is brought into their life by the coastsat fear of torporal punishment. Some get used the Tekes Valley while giving up Kuldje, something more definite is vouchsafed them the Consular Service should be confined to
to it and love all self-respoet, become hopeless thus retaining the passer brough the
respecting the persible bonus. C. B. Fry supplies such men, the committee are of opinion that brutes-others, the better ones, are driven into meminine of Heaven to Kashgar. It is true
an interesting contribution on this head in the proportion of the Lominations for the madness by the impossibility of oscoping
most ignominious punishments. Tag's diplomacy nearly everything that she
crnol, rancorous men who shamefully misuse their feeling of discontent among some professionals to young men who have received a goorl about the financial side of the question. The commercial training. The applicants should' Umitless power. Doroshevitch describes them in bad refused to Chang How's, but this insideat nerertholcas belongs to the historical series
Australians, who play both athe and Over here he required to satisfy the Secretary of all their abjection and insists upya the need of the shocks that have loosened China's hold
their place. As to the convicts themselves, as amateurs, make much more money out of this State. before they receive nominations, that having more considerato nud clent men in on her dependencies. The loss of Annam,
international cricket than our pre fessionals do. they bave had a liberal education, that they oreshevitch is far from representing them as Tonkin, and the war of reprisals in 1885 strip-
It the facts whichare given are corectly gives, have had a commercial training of four or fire innocent victims who do not deserve their bard au Australian player geta a substantial ears, and that they ars in other respects let. Quite the contrary, he calls them "the
refuse ped her of everything beyond the southern
of mankind," and there are in his book 11om their previous history likely to burdors of Kwangtang, Kwangsi, and Yuanno. Burns was torn off with similar ruthless.
most thrilling stories about convicts boasting for the Consular of their crimes, relating to him with all sorts of qualified and suitable Service. Recommendations follow as to details how they murdered so and so many men, examination and as to salaria, the committee But the great morit of Doroshevitch is to have of a slight anasthetic in the shape of the
looked with kindness and comprehension-into Corra, Formosa and the
suggesting that the service should O'Conor tribute.
the souls of thone outcaste, and to have dis Pescadores all fell away simultaneously. Mau-
divided into krades, as follows:-Consuls General, first grade, salary £1,200 a year; second grade, £1,000 a year. Consule-dret grade, 800 a year; second grade, £600 a yedr. Vice Console-sabry, £300, rising by annual increments of £25 to £500. The committes make recommendations also as to a system of local allowances in expensive places. Salaries and allowances under the system proposed by
the plaintiff of $3,428.59. Interest on the shi arrived at was that there was not a propor partners, though not without the application
amonated to $359,43, making with the prin cipal sum a total of $3,779,02, dus und 'owing by the defendant. Plaintif claimed this sum wad interest from the date of the writ to pay.. meet or judgment at the rate of 80 par $1,00 per Chinese month.
Defendant in his defaneo stated that by mu agreement in writing dated July, 1897, the plainting, the defendant, and other persons be- came partners in the businese or position of compradore to Messrs. Holtz, s'Jacob & Co. and that such partnership existed at the times referred to or the times of the transactions reforred to in paragraphe 3, 4, 5 and 6 of the statement of claim. The traumotions referred to in the said last-mentioned paragraph of the statement of claim formed part of the sal partnership affaire or dealings. No account had been taken and 'no balines struck of the partnership affaire or dealings. Defendant would object that the plaintiffs claim was not maintainablo al law on the ground that it was a mátfor involving the said partnership accounts Plaintiff, in his reply to the statement of defence, stated inter alia that defendant aloue was compradore to the firm.
Evidence was given.
Vis Lordship, in delivering judgment, said that as regards the agreement. itself it seemed fairly clear to him that it was an agreement by which the plaintiff at the request of the defend- nut besas surety for him as compradors to Holtz, s'Jacob & Co. Then came the questio o of what considération was to be shown to the plaintiff for having undertaken so arduous s position as surety. It might have been that, during the time he allowed these mortgage deeds to be charged, he was to hars say 8500 a year in respect of the unknowa liability attached to them; instead of which the ugreement provided that the rosidae of the profit, after deducting the compradore offe expenses, was to be divided into three shares. One share was to go to ibo man who had been the previous compradore. The other two shures were sub-divided into ten klares. The com prudlare Lau Kam Ching-howing that Lau dotou lant was compradore himself aal nobody else was euti led to, four shares, the surely Tin Wing Shing was to have three, and the reinaluing three were to go to the man who had Ten originally appointed compradore but was unable to get garety in his oase.bowever it thure was not sufficient money for compratore
alles expenses he was. to provide it.
Defendant in his defence said that the trans actions were partnership transactions and that the partnership extended from July, 1897; and he said that what constituted the partnership was that deed His Lordship was bound to say that taking it as it stood he had come to the conoltision that, that was not an agreement which formed a partnership. He did not think it was contemplated by the parties that this surety in addition to becoming liable was to share losses and profits in the same way as an ordinary partner in the matter. It was contemplated that he was to be surety for the carrying out by the compradore of all by duties, which, his Lordship took it, included the adjustment of all his mocounts with Holta & 'Jacob at the termination of his employment
nerebip constituted by that deed and in his opinion' judgment must be entered for the. plaintiff with cosis.
Judgment was entered nenordingly.. The Court suljourned.
POLICE COURT.
Wednesday, 26th August.
BEFORE MR. T. BERCOMAR SKITA (Police' MAGISTRATE).
www.y
MASTER OF STEAMBE FINED.
churia is now virtually gone and Viceroy Chang seems to think that the best way to present Russia's hunger from entering at once upon another acute phase is to let hor digest Moucharis at her leisure. But it is only deferring the evil. Ili, Kashgar, Mongolia all will go as Burns, Angau, Tonkin, Formosa, Liukin, Cores, and Manchuria have gone and Chins will inevitably slaud naked before the storm of foreign aggression, raging J. Campbell, vinster of the Japanese steamer from the four quarters simulinucously. There is Hitori Maru, was charged with neglecting to something plaintive and pitiful in Chang By the red flag while having 24 cases of car-Chib-tung's caution; better that the stomach of tridges on board the vessel, lying alongside the the great territory-swallower should remain wharf at Kowloon.
sated for a moment than that hanger should at once drive him to seek a new mouthful. China is like the travellor pursued by wolres. She throws her children one by one to this pursning pack.-Japan Mail.
Defendant I had permission from the Har. bour Mastor to go alongside the wharf immediately on my arrival in port.
His Worship--Did he know you had these. things on board?
The defendant replied in the affirmative, and his statement was confirmed by Inspector Langley. He further stated that the cartridges were safety cartridges,
The magistrate said no distinction, was down betnoon, cartridges and safety cartridges. | Besides that, in the paper he supplied to the Harbour Master, he himself had described safety cartridges as dangerous goods. Now he came to the Court and suggested that safety eart ridges were not dangerous goods.
A fine of $50 or 14 days' imprisonment was imposed.
STREET FIGAT.
Some coal-coolies and boatmen had a free fight opposite the Praya East Hotel on Tuesday night. The disturbance arese out of a set-to between a sampan-boy and another boy living nshore. The latter was besten, and the coal- coolies took up his quarrel; the boatmen ranged up on the other side, and both parties were just getting settled down to business when the police came along. One of the coal-coolios raised a batobou polo to Inspector Collett, but dropped it like a bet potato on receiving a rap over the knuckles from a trancheon. Four arrests were made.
Each of the defendante was fined $5, and the coolie who monaced Inspector Callett was matcted in an additional penalty of the same amount.
UNLAWFUL POSSESSION.
Ng Tung, who was arrested by Sergeant Kerr on a warrant at Samsuipo on Tuesday, was remanded on a charge of being in unlawful possession of sever tons of coal reasonably sus pected of having been stolen or unlawfully obtained. Mr. H.S. Holmes, solicitor, appeared on his behalf, and intimated his client's desire to call a witness for the defence, to enable him to do which the case was remanded for a day.
DISORDERLY, JAPANESE.
At the Star Ferry Wharf, Kowloon, on Tuesday, a Japanese under the influence of liquor abused a Chinaman who was sitting inofensively, saying nothing to anyone. The trade continued for some little time, but ceased when Sergeant Kerr, in plain clothes, stepped on to the wharf and arrested the valinut Japanese.
His Worship imposed a fine of $5.
A well-known dootor tolls this as an actual
One night I
£1,000 FOR A FLEA.
The Hon. Charles Rothschild has taken heroic measures to add specimens of the Aictio flea to his collection of those insects in the famous aeological museum at Tring Park, tags a London paper. Ho has already many thomands of flose, obtained from birde and boasts in all' parts of the world; but the Arctic-section of the fea department is sadly deficient. The fles covets most is that of the Arclio fox, for no two kinds of animal have similar fras, and the flea of the Arctic fox is to Bea-fanciers what the egg of the great auk is to collectors of hirds' eggs. In fact, only two perfect specimens are known to exist in collections.
the
test
matches in AED for toch of Australia and wakes a minimum of £400 and a wazimum of 190 out of a tour in England. whereas an English professional appears to get s maxitang of £500, and probably only £190,
bo
be
the committee would amount to 195.659er
the
The nu-
covered there strange paychologient problems a curious mixture of goed and evil,
TRADE
TELEPHONE No. 135.
out of the test matches here and the Australian tour. It is quite beside the joint to rail at the Australian players over this question; they make no benes about the matter. The point is that the English professional considers funt, under the circumstances, be ought to get more. The English professional is often of a very independent turn of mind. The possibility of naivuistic developments is obvious.
Fry so makes some pertinent observations annum, as against £91,600 under the existing respecting the "shriek about shazi amat system, a gross increase of £4,050, but the enrism" The M. C. Curs paying their committed think that the net increase would be amateurs out-of-pocket expenses only. Well only £3,250. Should Lord Lansdowne ducido THE CREAM OF and good and quite proper. But that means to adopt the recommendations, the committee that every amateur who goes will be about £100 suggest that it might be convenient to bring ost of poekot by reason of unavoidable expenses them into operation with new appointments, which are not reckoned as out-of-pocket. Any leaving existing arrangements to run out" in Amateur who depends on his work for his living respect of men al prosent in the service. is not likely to gain much. He loses six months income, lot as sny, and if he has a house and other institutions in England he has to pay rent and taxes and up-keep evey, while he is bitself away across the sea.
·
THE BRITISH CONSULAR
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SÁKHALIN,
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SCOTCH WHISKIES
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The latest description of Saklalin, the terrible Russian penal sattlements for conviuls sentenc ed to hard labour, is from the pen of W. M. Doroshevitch, a well-known journalist who used KING EDWARD VII,”
to be on the staff of Rossia, which was suppress- ed two years age for its overboid attacks on the Daroshoviteh visited Sukhalin Government. some years age, stidied with the greatest care the life of the prisoners, the conditions of their wretched existence, made also very interesting psychological studies during his freqüsut'aud long talks with the criminals, and notes down his impressions in a highly suggestive and clever book entitled Sukhalin Katorga: 16 throws a strong light on that forsaken place. Three polats are chially taken in consideration. The climate and the conditions of life on Sakhalin, the treatment of the prisoners by the authorities, and the life of the prisoners, the, different types of criminals, the peculiar morals of the convicts, the attractive side of their characters,
0% first impression of Deroshovitob landing on the island of Sakhalia-and he pre- served it during all the time he stayed there is that it is a place not made to bo inhabited by mea: no towas can be built on the marshland covered by thick woods, no agriculture is pos-
The report of the Committee appointed by Lord Lansdowne to enquire into the constitution of Consular Service has been issued as A Parliamentary paper. The committee consisted of Sir W. 11. Walrond, Lord Cranborne, Sir James L. Mackay, and Mr. A. Boust Law. The Committeo find that the British Consular Services in the Levaut, Porsis, Sium, China Considerably over a year ago Mr: Rothschild and Japan are reurbited by moans of open commissioned the captain of the Forget-me-not, competition under the Civil Service Com an Arelio miling whaler, to haat for specimens. missioners, the limit of age being from 18 to 24 The gallant captain returned,apparently flealess The general Consular Service, that is, for all for Mr: Rothschild has now offered a reward of counties other than those named, is reunited £1,000 for the Arctic fox-flon. In addition to solely by comination of the Secretary of Stato the reward, Mr. Rothschild has fitted out a for Foreign Affairs, the ages of those appointed fall-sized expedition, the whaler Forget-me-not being anything from 25 to 50, both years has again been pressed into service, and a oclusive; officers appointed in this way are gallant flex-hanting party is now well on the obliged to show that they have a certain degree way to the Folar regions The Forget-me-not of fitaess for their appointments. As regards was last reported off Newfoundland, where one the China, Japan, and Siam Colanlar Services, of the scientists on board was interviewed by the Committee recommend that they should be the aid of wireless telegraphy. He said that recruited, like the general service, under a in addition to the Arctic fox specimen they system of limited, competition, and they expected to collect fleas of the Polar bear, the recommend that the service in Sism should be the whole year, and no increase of population A killing is to be hoped for in such reindeer, the Eskimo dog, and the Arctic bare, linked on to the general, and not treated as a Lest anyone should scent grim terrors in flea-saparate service, because the limited number of climate. At the present time the island is
bunting on the back of a Polar bear, it should be stated that the expedition will Grat kill the suimals, and then loot their deas...
farther
appointments in Sim makes promotion ex tremely slow. Thus, after serving a few years in Siam, a on might be moval to another country, either on promotion or otherwise.
The General Consular Service, as it at present exists, offers no attractions to capable
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inhabited by half-savaga aborigines and the convicts ruled by a strong holy of officials. The fact of sending them to such an uninhabit able place seems monstrons to Doreshevitch, whe eloquently proves it by descriptions of the island. The most impressive chapters in the book are
The expedition has supplies of phials, chloro. form, and labels, and any fans which may oven- tually reach Tring Park will arrive labelled with the name of the animal on which they areyoung men. The committee strongly recom-hose relating to the cruelty of the officials. found. Already there are many fleas in the mead that the preseat system of nomination and Judging by the awe they inspire in the conriois, museum of which Mr. Rothschild is prond. ago limits for general Consular Servies should one may imagine oneself thrown back to the There are the molo-files, the largest specimen to abolished, that edinission lato that service ago of erfdemand in fact the convicts known; the sand-flos, the most injurious of all should be by limited competition, and that uro no better then cerfs who-entirely depend his tribe; and other specimens which Dr. Jordan the age for admission should be frem 22 on the mercy of the anthorities; no laws says are too dainty to live on the batman body. to 27, thus enabling candidates to compete protect them, and any official who is at the head of a prison bee the right to inflict whatever But when the floss of the Arctic fox arrives, it who have had both on University and a will rank as the gom of the whole collection. commercial training. At the same time, pover punishment he likes on the convicts-ver y should be reserved to the Secretary of State to often without their having deserved it. How Twanty thousand guineas is a great sum for appoint auy person, regardless of age limit, to atrocious these punishments are may be judged a racehorse to folob, but this price, which was one of the higher posts for which special by the reports of beatings and whippings In Stakes, has been topped at least twine within twenty years. Flying For the Derby winner, latents should only be made in exceptional descriptions of the veils where the punished in 1809, was sold for £39.375, the largest sum cumstances. Evidenes bus beau submitted prisoners are kept in manacles and some of a heavy cart. If they ever given for a racehoras. Ormonde, winner teasing to show that the most successful British them canined to of the 1886 Derby, went abroad for £30,000, and S. Blaise, winner of the Darby in 1883, was sold for £20,000. The three highest priced horses in racing history have been secured by foreigners. Bach enormous investmente turn out very profitable, as the atott fees yield a very handsome return after paying the insurance pro mium and stable expenses. A stud fee of 250 guineas is common.
88 compradore. He did not think it would be experienta wis aroused by a loud rapping given for Ard Patrick, the winner of the Eclipse!ualifications may be required, but such ap the book of Derashovitch, as well as by his
at my door. Leaning out of the window I saw
person standing on the step banging away. ***What's the matter down there ?!" I cried.
ther,"
right and fair to "read the agreement as saying that this was anything more than a toode by which he was to be rewarded for his becoming surety, and the reward was that he was to have this proportion of the profits. It was said that later on there was some modifica. tion of this made by which the man who was to find office expenses appeared to have got rather tired of doing" that possibly coming to the conclusion that there were not going to be any profits, or remarkably was
Ti me old mither that a tak bad, doc.
replied the man. Your mother is ill ?? ***Faith, and she is tak terrible, docther, ***How long have you been there Paard ***If faith, doother, so long that I would be ashamed to mention it way
Then why didn't you ring the night bell? I was afraid of distharhin your honour, the Irishman's perfectly sincero rsply.”
traders have no desire to invoke the amistance run away and are taken, new beatings await of car Consuls, and that they consider ther-them and more years of imprisonment are selvas able to obtain much more useful added to their previous penalty-criminals information for their business than the best sentenced to a few years of transportation be- Consuls can supply. There remains, never- theless, the report adds, a certain demand for one often convicts for life in consequence of the commercial intelligence which Consuls are their repeated attempts to escape. The warders in a position to afford," and their trade reports convicts themselves are brutee, capable, of
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