SUPREME COURT:
:0
Monday 27th March
IN ORIGINAL JURISDICTION,
REFORй St H. 8, BERKELEY (CHIEP
JUSTICE).
WING CHONG FAT FIRM V. KWONG TAK WING FILM.
This was an i as to whether Wong Sun Nain was a partner in the Kwong Tak Wing firm. Mr. H. E. Pollock. K... instructed by Mr. H. G. C. Bailey of Homes. Jobuson, Stokes and Mascar), appeared for the plaintiffs, and Mr. H. O. Caltrop, instructed by Mr. G. Hastings (of Mr. John Hastings' office) for the defenduul.
Mr. Pollock-The plaintiffe are obtained judgment against the Kwong Tak Wing ir, aud an order was made by Sir William Good- man on the 20th July to see if Wong Sun Nam was a partner in the Kwong Tak Wing firm at the time the cause of action arose, February, 1904. An amount of four had to bo delivered between February and April 1904, was delivered, we did not get payment, and sucti the Kwong Tok Wing firm for thus price of the flour. The defendants did not take up ande pay for the dour and we sold it by publicanction at a loss. This action is also a text for a second
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there was Wong San Nam. Action 69 of 1903 was an action brought against Wong Ban Nam In the use of Wong Leong, in which n ho entered into the contract with reference to theso nine honsoa, Chan Kwong Loong v. Wong Loong. The statement of claim was filed on the 17th Juns 1903, and paragraph two reads, "The defendant is merchant who carries on basiness at No. 8, Wing Lok Street, Victoria aforesaid, nailer the style or firm name of Kwong Tak Wing." Paragraph one in the reply says that the defendant admite patographs one and two id the statement of claim,
His Lordship—What do you say to that, Mr. Calthrop, were you aware of that?
Mr. Calthrop-No, but he no doubt, was a mau in that shop, but he will state that he never way a partner. He only admits he He did not any he was a carried on business. partner.
His Lordship-Losse pleading. Mr. Caltrop-Yes, My Lord.
|
THE HONGKONG DAILY PRESS, TUESDAY, MARCH 28rn, 1905.
POLICE COURT.
Monday, 7th March,
BEFORE MR. F. A. HAZELAND (First
POLICE MAGISTRATE)
REX V. FUNCHAɛD, LOWTHER AND COMPANY, His Worship delivered judgment in this case as follows:-
HAMBURG.
(FROM OUR CORRESPONDENT).
INDUSTRIAL TROUBLES IN GERMANY.
21st February,
The strike in the Ruhr distrist has at last At a come to an oud through want of fandle. meeting of the men's dolegates on Feb. 0th the following resolation, which I give in a condens. ed form, was passed with only six dissentient voles out of 183:
The defendants, Moura. Ponchard, Lowther and Company, were summoned before me for "Whereas the domineering attitado [Herren unlawfully using earge boats in the waterstandpunkt] assumed by the masters in persis. of the Colony without a licence contrary to tantly rolasing to antar into negotiations is not Ordinance 10 of 1899, and the regulations likely to be shaken for the present, and made under the authority of the said Ordinance | whereas a continuation of the struggis would
It was contended by the defendants that the curgo boals, the subject matter of the charge wore the proporty of the Lords Commissionera of the Admiralty, and not the property of the
defondants.
In support of this contention the solicitor
KODAK
FILMS
3
& ACCESSORIES.
DEVELOPING AND PRINTING UNDERTAKEN.
LONG HING & CO..
PHOTO GOODS STORE,
17, QUEEN'S ROAD
(SAME PREMISES MESSRS. A¤ CHEE).
Hongkong, 27th December, 1904. liable to be called out at a moment's notice to most seriously affect the economic conditions | fuce the bardships and perils of a campaign | of the entire district and dosad sacrifices from which he may never roturn; I happened from the men which we do not feel justified in to be in Germany shortly after the war with
France broke out in 1870, and know from pos imposing, and whereas public opinion has expressed itself almost unanimously in favour sonal observation how great, in spite of the of the men, and government has under the prarailing onthusiasm, was the feeling of tions announced its intention of introducing a for their friends and relatives at the front, and bill in the Reichstag for the establishment of how seriously the economic conditious of the trade chambers, the legalisation of the trade country were affected by the sudden withdrawal organisations and the amendment of the present from their avocations of so large's number of
men of all classes professions and trades. mining laws on the following lines:-
Evidence for the plaintiff was continuing for the defendants put in a copy of a section influence of their recent imposing manifesto- suspense and anxiety of those remaining behind |
when the ease was adjourned until to-day.
IN SUMMARY JURISDICTION. BEFORE MA. T. SERCOME SMITH (PUSE JUDGE).
CLAIMR AGAINST THE LAI FUNG FIRM.
1. Regulation of the working hours, 2. Prohibition or at any rate limitation of overtime.
3. Roform of the rules and regulations of the miners benefit fands.
of the contrast made between the Lords Commissioners of the Admiralty and the defendants, Messra, Panchard, Lowther and Company The section is as follows:-
"Until the completion of the works to be carried out under this contract, ali temporary Mr. G. D. Thomson appeared for the Yan buildings, appliances, plant, and machinery of action, as my friend. Mr. Calthrop, consents. Yat Lai, of 241, Dex Vaux Road Central, all description provided by the contractor for The present action, No. 85 of 1904, will govern merchants, who claimed $1,000, money deposit ase on the works shall, from the time they are a similar issue in No. 8 of 1904. It in rather, from the Lai Fang firm, of, Bonham placed on any part of the site sat apart by the important to roler Your Lordship in the Strand East, barkers, The defendants failed | Civil Engineer-in-Chief for the works at Hong. to appear and julguent was given for the kong, become the absolute property of the Lords to an affidavit filed by plaintiffs with costs.
Commissioners of the Admiralty but subject the defendant showing the position ho takes up
Mr. Almada e Castro, on behalf of the Wai
to the usa thereof by the contractor or a with regard to the master of partners in Lan Kang, of 278. Des Voeux Road Central, other person or persons-employed on his behalf affidarit is dated tho 15th July 1904, and in it traders, also mado a claim of $1,000 against the and shall not be removed from any of the sitas in hearing and antiling grievances. the defendant devies ever having been a partnersere defendantu on account of money deposited in the Kwong Tak Wing firm, and this is n very important allegation in view of the evidence and received judgment with costs.
first instance
I shail call in this aelion. The ovidence on
MARINE MAGISTRATE'S COURT.
Monday, 27th March:
BEFORE MR. BASIL R. H. TAYLOR (ASSISTANT
HARBOUR MASTER).
Mr. Basil Taylor tried a case of negligent navigation preferred by F.C. Fred Norman ngainst a Chiusman, the mastor of unlicensed steam launch 28. Complainant stated that while steaming from Blake Pier to Ton-po he
бала.
Sir Thomas Barclay's spuches at the masting of the Handelstag, and afterwards at a sitting of the Berlin Chamber of Commerce, in farour of a better understanding between the two kindred nations were cordially responded to by
4. Revision of the prosent oppressive list of the respective presidents and other members, and have on the whole met with a favourable 5. Abolition at ** nulling,"
TRADE
130
MARK.
fi
TELEPHONE No. 185.
TANSAN
PER CASE OF 48 PISTS...
reception in the newspapers. Bir Thomas PRE CASE OF 100 SPLITS expressed the belief that ignoranes is the cause of much of the ill-feeling existing at present, and
6. Election of men's committens to take part
that if we would but bocems better acquainted in the management of the funds and to assist
It is hereby resolved that work në all the we should arrive at a juster appreciation of without the previons consent in writing of
On the final pita he resumed to-morrow morning. Should each other's character and aspirations; be holds the Civil Engineer-in-Chief. completion of the works the whole of the tom-government however fail to fulfil its promises, that rivalry in trade instead of provoking porary buildings, appliances, &o., &c., referred we reserve to ourselves the right of agnin, jealousy, should teach us to see each ether's good to in this clauze shall be removed by and at the calling out the men, and desire to impress upon paints and by assuming the form of healthy cost of the Contractor, and upon such removal them the necessity of strengthening their emulation prove to the advantage of all con- hall revost in and become the property of the organisations in order to be prepared for earned,
future emergencies."
Contractor."
It will be observed from the above section of this agreement that before any property rests in the Lords Commissioners of the Admiralty it is a condition precedent that it should only rest" from the time they are placed on any
This decision met at first with violent opposition on the part of the mon, an everwholm- abido by it. iug majority refusing to
stigmatising their leadors as traitors to the cause, and committing excessos of
↓ more
or, less serious. patare. It was foared at one
CHRISTIANITY IN CHINA.
The reports of the Bocisty for the Difusion of Christian And General Knowledge among the Chinese are generally of great interest, ays tha Times, for the information they contain about the marements of thought in Chias; and the 17th int (for the year ending
As the defondant on his port bow coming from part of the site." By no stretch of language time that the military would have to be in photographs of the arod Bishop G. F
the direction of the Kowloon Torpedo Dopot, Defendant held his course instead of keeping clear as was his duty, and complainant had to starboard 2) points, only clearing the defendunt by about fifteen feet.
behalf of the plaintiff will show that the plain- tiff Urm was started in November or Decoinber 1899, and a few months afterwards the defendant firm was startel. In February 1900, four com- bine was formed between the plaintiff firm, the defendant firm and four other Grms. I under stand that the object of this flour combine was to buy flour to be imported from Portland, Oregon The four came in single stipusats from the Pacific ports, aut these shipments were divided into six lots, one for each of the respective Arme. The four was to be paid for by drafts drawn by the Portland Flouring Mills Company of Portland, Oregon. on the respectire consigness of the flour, each consigues having a bill drawn on him. I think the peyes in each iustance were add and Tilton, who, I suppose, are people on the other side. The people to whom the bills were endorsed wars the Chartered Bank of India, Australia and Chino, in Hong- kong. for collection. It was a part of the agreement between the six arms that each THE HONGKONG RIFLE ASSOCIA should back by indorsement the bills drawn on the other firma. About a mouth after this combine was entered into two persons, Wong Shing Tak und Wong Sun Nam, came from the defendant arm to the plaintiff firm about the endorsing of a bill of exchange, and Wong Shitg Tok addressed Mr. Tang Lam Kok, the managing paxiner of the plaintiff firm, and requealed bim to put his firm's chop on the back of a bill of exchange. The bill of exchange
was not actually brought, but was coming forward. Mr. Tang Lam Kok asked Wong Shing Tak who were the partners in the Kwong
The defendant said he did not keep out of the way because he had two lighters in tow. His certifiento was suspended for a month.
TION.
The annual general meeting of the association will be held at Volunteer Hoadquarters (by pormission of Major Pritabord, Commandant), on Thursday, the 30th March 1905, at 5.30 o'clock p.m. for the purpose of passing the committes and accounts and elasting a new officers for 1905.
The Admiralty having transferred their
or juggling with words can a carga boat sd for conveying materials to these works be regarded as having been placed on any part of the sita
I am moreover of opinion that it was not in the contemplation of the parties at the time of making this agreement that vessels used in conveying materials should be included in the
Ruid section.
Assuming for the purposes of argument that there is an ambiguity as to the meaning at the words placed on any part of the aite" it is a rule of constraction that an ambiguity is to be construed most strictly against the promises and in favour of the liberty of the promiser.
range early in the year from Kowloon toit Stonecutters, the old arrangement which had worked well for some years had to be given up
I am therefore of opinion that the cargo boats, the subject matter of this charge, are the property of the defendants and not the property of the Lords Commissioners of the Admiralty.
By the regulations made under the Ordinance in dedwed that all cargo bonts must be duly I therefore convict the defendants As the licensed.
case, I propese indicting a nominal pensity of Mr. Wilkinson, solicitor for the defendants ---I beg to make an application, under Section 97, for Your Worship to review your decision that these cargo boste do not come within the meaning of the wordi "plant."
called out after all, but this fortunately proved unnecessary, as the excitement gradually calmed down, the awn returning to work, xeluctantly but in increasing numbers, and I am glad to any that work at almost all the pits in once more in full swing. The masters have in come in. stances attempted to reduce woyes, and to refuse to reinstate some of the ringloaters, but they have on the whole set the men in a liberal spirit, and have in many cases advanced the sun! payday in order to alleviate the prevailing distress. The bodies of policanes and gens darmen which had been drawn from other placox in support of the local forco are now being cent
home.
TANSAN
SOLE AGENTS-
... $5,5
H. PRICE & CO.
12, QUEEN'S ROAD CENTRAL.
September 30, 1904) is ao exception. It con- ROBINSON
half
18
then, who has laboured in China for nearly In century, of Li, the Treaty Commissioner. and of Chow Fo, Viceroy of Nanking war ant ing naturally with a reference to the war and its causes. the committed state that there is no force yet known in human experience to unite nations and races more powerful than education and hristian charity. The Chinese have now recognized that without Western knowledge they cannot hope to contend with foreign ontious, either Eastern or Western. But they are finding it much easier to get instruction in to Europs or America, Japan thun to
to go latter. About 100 students from each of the thongh large armbers of them still go to these provinces have been sent to Japan to learn the secret of Japanese prosperity. In Shang- hal 50 different book shops, with agencies all!
devoted to the sale of over the Empire, are
A The strikes in Silesia and otherpartsaf Germany literature obtained through Japan w
organization whither the infection had spread, are also dying anti-forsign and anti out, bat in Belgion the men are still holding arison, called the "Orchard Society, and is aloof, whilst in Russia and Poland things seas carrying on a purely Chinese propagands in Hopan and the surrounding provinces while assuming more and more a political, and dynastie rebellion in Kwangsi which has con-
for several
Four great religions al years. in the latter country von a distinotly national tinued
have in- to be going from bad to worse, the movement neither force nor money can suppress the anti-
movements, the report explains, character. Many hands in St. Petersburg used the Far East. The first was the was the influence 22 of January have again thrown it up, whilst School"
of the Nestorian seet, which 1,000 years in Morcow and in the South no settlement has
The magical superstition to an ethical system.
The time 7e been arrived at, and encounters with the age served to transform Taoisma from a Lodz and other cantres of industry in Poland of the Emperor Kanghi. The fourth military are the urder of the day. In Warsaw, thirl was the work of the Jesuits in the the masters are offering to make concessions, Modern Christianity. Apart from what is
being
done by orthodox and Roman Catholic but to no purpose, as racial hatred is becoming missions, the Protestant missionaries nuraber an important factor in the struggle; and, as about 2,780 of both sexes, with 6,300 zativo already stated above, it is no longer a simple men and women werkers, There are 112,000 communicants, and the whole native Christian
Tak Wing firm. Wang Shing Tak anawerod "Owing to this change, and to the uncertsiaty present proceedings are in the nature of a test that had returned to work after that terrible form of Buddhism known as the "Mahayana |
As the King's Park, the usual Easter Prize am a partner, Wong Sub Nam is a partner," of range Recommedalion in what is now known
Meeting was not held.
and he also Tuentioned the names of two or three other. Wong Sun Nam said "Yes, you." This conversation took place before Cheug Ngek Pan, who is a partner in the plaintiff Bru It was under the first combine.
Up to the present no further steps have been taken in the matter of Amalgamation with the Atmy Rife Association, suggested by Major General Sir Wm. Gasenigne at the time when the King's Park was first mooted; and it became evident that our present range would eventually
55.
site.
The second
is
His Worship-They must be placed on tho Mr. Wilkinson-The only witness mail that to at our General Meeting of 20th Feb., 193 the cargo hosts were included in the word i question of wages. Frequent conficts with the community is reckoned at about half a million.
plant," and were placed upon the site. I take
A second camibius was formed in September or October of 1904, when two urms in the original comblue dropped out. The plaintiff firm sadure to be abandoned, and which was agreed defendant firm joined the new combine; there were four arms in it altogether. The second combine elead operations in June or July 1902. The evidence mentiored will show that Wong Sun Nam's statement that
nor does it seem probable that such amalgama tion will now take place.
1904.
which
шет
troops have led to considerable bloodshed and There are 170 high schools and colleges, 1,819 it that the very admission made by my friend-numbrous arrests, followed, if report sponk true. day schools, and 10,000 pupils.
is made of an event
pened in Shan-tung in
The local missionaries His Worship-I told you that no admission numeroas executions within the walls of the tion
citadel in Warsaw. In fact the entire popula-invited the officials, the lenders sof Confucianism, was binding on me,
tion of European Rusis would appear to be Buddhism, and Taoism, &e, to a
conference to Chise. religious part in
Mr. Wilkinson-To properly construe
document the first thing is to find out appeared and the 800 yards firing point is what was the intention of the parties. The situated in the road readering the old Cham-intention was eridently this:-In case of the pionship and long range competitions no longer possible.
Although our range is at present available he never was a partner in the defendant and in used by ourselves in conjunction with firm cannot be accepted. It will show that he the recently-formed Hongkong Volunteer Rifs is very unreliable when he states that he never Association, the longer ranges have now dis was a partner at any time. If Your Lordship in satisfied with the evidence produced that Wong Sun Nam was a partner in March 1901, you will hold that his partnership continued till a later late unless he publicly advertised to the contrary. He cannot get rid of the rospon sibility unless he gives pablic notice of retire ment, but he says that he never was a partner. I shall call befor you as a witners Mr. Chan Kwong Leong, a contractor who has boen carrying on business for some years in Hong- kong, and he will my that a man came to him
Except for a few weeks prior to the Interport Match little interest was taken by members in rifle shooting throughout the year, the average attendance at Spoon Competitions being not
more than eight.
The formation of the above roferred to
Ausnciation has deprived as of many possible members who raight have done much to stimulate this Association and revive its flag
Moscow
the
go,
took ofce last week shows more to authorities attended and
amicable discussion. One of the in a state of ferment, and the cruel assassi contider how to revive religion in Chi nation of the Grand Duke Sergius in Over 30 Mandarins and about 106 firm failing, everything in connection with what lengths the extremists are prepared to non-Christian, proposed that the m
It is to be feared that under the eircum Admiralty. Thess cargo boats were parobased stances the measures of roterm which the expressly for the work, so it is abundantly Tror is contemplating and which are now under clear that they form part of the plant. It discussion will not suffice to restore order. would suit my clients nimirably if your decision were correct
doing the work should revert
to
ANGLO-GERMAN BELATIONS.
The site, however, is The relations between England and der the whole area of the dock, sud at one time many continue to be discussed in the press of consisted of land covered by water. It in all both countries, and I am glad to be able to reclamation and at the commencement of the state that even some of the most anglophobe contract there was no land, or very little. On organs here are beginning to regret and to
at the latter and of 1901 and asked him to gaging interest in the sport of rifle shooting, and this ground I ask Your Worship to reconsider blame the animosity displayed towards Great
in view of the establishment of this rival Association and of the proposal to form a Volunteer Ride Clab which will absorb most, if not all, of our active members, the question Arises whether the time has not now come when
this Association must cease to uzist.
Hongkong tied with Zingapore for the faterport Match with a total of 919, but un- fortunately lost on the tie, our total at the longest range being 290 against their 291. Shanghai scored 908 and Perang did not finish.
and am the defendant at the defendant's shop. He did go, and saw Wong San Num Wong Squ Nam then told Chan there. Kwong Loong to build for him nine hours on Inland Lot 501. It appears this was the first time that Chau. Kwong Loong had met Wong Sun Nam, and when this question came up. asked him who he was. Woug Sun Nam informed him that he had a share is the Kwong Tall Wing firm. The contract, it appears, was for $35,800, and was signed by Wong Bun Nan in the name of Wong Loong, an alias. Chan Kwong Leong was partly pail. in rice, and received orders on various rice shops from Wong Sun Nam. These orders for rice are datal, some in July, and some in August 1902. That shows that Your Lordship cannot
It is not the intention at present to take say accept Wong San Nam's affidavit saying that
a partner in the defendant steps for the reduction of the Chinese regiment he never was
or We shall call one two flour at Weihaimei, Most satisfactory accounts are firm. brokers who will speak as to transactions, received of the discipline and soldierly qualities coming down
to 1904, and they will of the non-commissioned officers and men of the toll Your Lordship that all of them entered corps, in which service is very popular. It lms, into contracts with the Kwong Tak Wing firm, therefore, been decided to continue the battalion and that 120 only person who dealt with them under existing conditions.
MOWBRAY S. NORTHCOTE, Honorary Secretary.
[The accounts show an income for the year of $669.00 The balance, in hand and Bank, amounts to $204 58.]
your decision, and if you require éridoncs I
shall call Mr. Williams to prove that the cargo
boats are always within this area.
His Worship-I am afraid a rehearing must be refused, but I give you leave to appeal.
Mr. Wilkinson-I ask you to take a note of Mr. Taylor's admission that the boats belong to the Admiralty.
His Worship-No, that hus nothing to do with it.
Mr. Wilkinson-1 wish to call evidence to prove that these boats are auchiored within the
basin.
His Worship-If you wish it, under the circumstances, I will allow that,
Mr. Wilkinson-T wish to call evidence as to where these boats were placed.
Hia Worship-Very well, on Wednesday at twelve o'clock.
The visitors to the City Hall Library and Musean during the week ending the 26th March, 1905, were 280 non-Chimes, and 91 Chinese to the former, and 103 non-Chinose, and 1,873 Chinese to the latter institution,
B B
as experts in religion, should be invited to The Shau-tung missionaries were asked to select three of their nomer to meet superintend this work in the new Government schools. the governor of the province so as to consider how best to prevent misnuderstandings between The Christian missions and the authorities. of the New Testament to present te his governor said he would be glad to have copies sabordinates.
THE TEA DUTY.
8.00
40
PIANO Co. LD.
30 YEARS IN CHINA WITH
17 YEARS' EXPERIENCE, OF THE
CLIMATE OF HONGKONG.
MANUFACTURE
THE ONLY
PIANOS
MADE IN HONGKONG FOR THE
CLIMATE OF HONGKONG,
$340 TO $495
CASH, HIRE OR CREDIT,
ALL MATERIAL AND PARTS
SEASONED HERE
YEARS BEFORE USE.
BABY GRANDS
FOR SMALL ROOMS WITH
PONE AND APPEARANCE OF
A FULL GRAND. $890
BECHSTEIN.
ROYAL PIANOS.
PIANO PLAYERS.
$300
UPWARDS.
Hongkong, 23rd February, 1905.
630
In answer to a correspondent, who wrote to Britain during the war in South Africa; they him asking whether there is any prospect of a place it on a line with the Greek and Polish possible reduction in the rate of the duty on craze of the last coulury without howoror with the Chancellor of the Exchequer has replied drawing their sympathies from the Boera. that he must adhere to the rule which has been always observed, that no proposals con- They remain very sensitive, however, and utter niched with the Budget shall be anticipated." He, however, pointed ont "that the antire daly auces such as those of Mr. Lee are not calculat-
Law loriable ad to improve soutters, although they really on tes, as well as the additions made in recent may have meant nothing. I am afraid, to judge years to other import duties, are by
oiranmstances even if the finances admitted of by some of the English papers, that the feel until July 1 next. He would not under sny ing at home is less friendly towards this is entertaining proposals of this character country, and that the bugbear of Gorman hostile propose that suy reduction or remission should plans and of a German invasion is still tuent take effect from an earlier date. His view in this matter is based apen consideration of the ing the imagination of many Britishers. If serious disorganization of the finance of the they would but take the trouble of looking at expiring as well as of the coming year which things with an unprejudised mind they would follows upon any more immediate operation
a measure of that nature. Nor can he believe soon arrive at a more correct view of the
of taxation in the future, remission sitaation: Germany must have a powerful test that, whenever the time comes to propose any for the protection of its ever growing ocean trade coures will fail to be adopted by his mecessore which is second only to our own; she may enry in view of the sensitiveness of all trades in
It us our coluniai possessions, just as people is datistle articles which of Inte has increased in postponement of the so marked a manner. payment of duty is thus confined within the England som to be jealous of her commercial expansion, but we have no right to suppose that limits of one financial year, the disturbance of
31, Queen's Road Central whilst ample time will be available for the dia he has any intention of trying to wrest them the revenue will be reduced to a minimum, er FLOOR, WATKINS' BUILDINGS posal of stocks on which daty may have been
Rongkong, 19th October, 1904. from us by force. Few realize what war mezus to a country where every man is a soldier pail at the old higher rates."
of
similar
DR. NEWELL WILSON,
DENTIST.
Latest American Methode. Reasonable Foes.
No charge for examinations. Office hours 9 to 5 e.M
51