SUPREME COURT.
Friday, 31st March.
"IN APPELLATK JURIDICTION. BASORE SIL H, S. BERKELEY (CHIEF JUSTICE) AND MR... SERCOMBE SMITH
J
(PUISNE JUnaz).
TANG TUZ U. V. THE ATTORNAY GENERAL.
Judgment was given in this ease. At the hearing Messra, M. 'W. Siadà noel H. G.| Çalthrop, instructed by Mr. John Hursten (of Mesars, Emone and Harston) appeared for appellant; and thus Attorney General (Hou. Mr. E. H. Sharp, K.C.) and Mr. i. E. Pollock, K.C., instructed by the Crown Solicitor (Mr. F. B. L. Bowluy) for the respondent.
The Chief Justice said it was an appeal from a decision of the Land Court disallowing the claim of the appellant, one of several rival
THE HONGKONG DAILY PRESS. SATURDAY, APRIL 1st, 1905.
It wok
asserted for the appellant that Having dealt with these preliminary matters
wore be explained the origin and axis once of the the judgments of a foreign court-
best proof of the law of that four documents of claim relied upon by the the appellant and known as ÁO and AS, and AP foreign country. By English law, however nd AT. He selected AT as a test document. forviga low must be proved as a fact by skilled The appellant's case rested on this document.witnesses, so the judgments contained in BNI It read as follows:
end
KODAK
FILMS
The permission to occupy came in an therefore when the allotted term had passed and the conditions imposed by the permission wore unperformed. In such a case I can not see that there was any necessity for any antiva stops on the part of the Chinese government to cancel were not admigible as proof of the law of China.or avoid the documents of permission. It seems He showed that the Chinose magistrates could to us that the rights conferred by thene doen. not have called sealed receipts, which are the ments haring elapsed by effluxion of time, the ppellant's documents of claim, titlodesde, or Kai documents themselves became mers waste paper as the Chinese obaracter is. He also showed having no value. If the documents of claim that the word "certificate" as used by magi. AS and AT are only voidable, I am of opinion strates in respect of the same sealed receipts that the judgment appealed from mast bo up- was a misnomer and that the Treasury receipts hold. If they are of no more effort than expired mentioned in Rule 11 of the Sha Tin Kuk permits, the appelant equally fails, for his Rules, were not the same as sealed receipts documents ceased on the 20th August 1898 to or as Trenter's certificates. Ha next dealt censer on him any right even of entry and con. with the argument that the Chinesa magistratos ditionsi occupation. The appeal should be dis- bad recognised that the appellent was the missed with corts. onser of the land, which he was permitted under- his documents of claim to reclaim. He showed that the the same phrase "exercise the right My Chinese Note Book, by Lady SUSAN TOWN.
was used in respect of of ownership"
Londoa: Methues & Co. 36, Essex Chinese title deeds and breaming licences and sealed receipts, and that the phrase was one of varying import, the exact meaning of which must be arrived at by the examination of the document in which it occurred, or to which it related, so that the phrase to oxercise the right of ownership according to the certicate"
Foreshore sealed receipt for landholder. The Provincial Treasurer of Kwong Tang in the matter of iming a sealed receipt. I. the Trinxuror, have received, in reply to my des- patch; a minute from their Excellencies the Visroy and Governor approving that land- holders should voluntarily report their families, fields banks, make payment, apply for acquisition be granted in the first instancea sealed receipt to koll as proof, be permitted to enltirate ne usual, ass labour to reclaim, and that they should come again in each separate case to exchange the sealed receipt for a Treasurer's certificate under which to exercise ownership and pay tax acour claimants, to the absolute ownership of a prding to class. Now Landholder ... of tion of the forestore at Cheung Sha Wan, District, being of the boasehold... of the formerly within the territories of the Emperor
borough, the... parish and the... of China. but since the date of the Kowicon
Lisa Extension Agreement, part of the Colony of tything, member of family
. district, Hongkong, and officially know as The Now "pplied for the acquisition, in..
of sand water white baeks in all four keng and has paid in all Territories." The foreshore claimed extended at the place named for a length of about two miles along what is now part of the northern shore of fongkong tion for loss on exchange Tools G4, which sunn, as the regulation foe Tauls 80 and as compensa. Harbour, and comprised an area of about 150acres. This foreshore, of little or no value before the laving been received and weighed by a deputy of the Branch Office, it is proper, as a first Kowloon Extension Agreement, had since its step, to issue & sealed receipt in respect of the inclusion in Hongkong Harbour become of very
foreshore thus voluntarily reported permitting high value. In the claim presented to the the applicant to cultivate as usual, use labour granted a perpetual lease of the land ho now
Land Court in 1001 the value was placed ut
REVIEWS,
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& ACCESSORIES.
DEVELOPING AND PRINTING UNDERTAKEN
LONG HING & CO..
PHOTO GOODS STORE,
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(SAME PREMISES AS MESSES. AH CHER).
139
Hongkong, 27th December, 1904. CAMP CONDITIONS IN MANCHURIA.
HEKLAM
There bare boon allusions in certain telegrams from the seat of war to unexpected and inexplicable symptoms of ill- health, especially amongst the Russian troops, A few remarks from the who in very well acquainted with the climatic entitions in Man churia and who has had considerable experieure in famine relief work amongst people living in underground dwellings may be of interest.
To the first piaco, all who are acqintain camp life know how difficult it is to Proper
especially
with.
did not mean more than to preise auch rights as the certificate or sealed receipt conferred. Another argument of the appellant was that he had, with the sanction of a Chinese magistrate, claimed to Chinese company for building to reclaim according to the four boundaries and dimensions, and to wait until an accurate surray purposes, and that the roongnition of this lease by a Chinos magistrata proved that he had course of argument on appeal that the value now
has been made, when he should take with him
such as estate in the land which he was exceeded $2,000,90). In the course of his long this weled receipt and exchange it for a Tres- written judgment, His Lordship dovided that the suror's cortificate.. A vecessary serled receipt. permitted to rechim as tó upab'o
estato out of that appellant's care had failed sutirely, and that the Boundaries na under-East, Sham Shui Po Court pointed out that though the magieeemod out of place, has yet not disdained to they are in a low-lying region, wherene the!
250,000; but it was stated at the Har in the
West, Lai Chi Kok Caston House, South,
okrve
him to
The tease. t
appellant who formerly held a certain area of the forenhero in Chang-aba-watt Bay under the sea, North, salt fields the taxed pro-strate might have recognised the existence licences from the Chiuso authorities, which perly of the same family. issued on the and registration of this lease it did not follow repeat the objectionable use of pretty in
required him to rechim the foreshore, was obliged by the law of Chian to reclaim such forestore within the proscribed period of six years from the date of the licence, and having
the foreshore on the 26th August 1896. Consequently the appellant had at the time of the cesession of the Now Territory (on the lat July 1898) no right of any kiat in respect of the lands which he claimed, and could not there fore require the Hongkong government either to grant him any right to the land, or to award any compensation in respect thereof.
14th day of the 7th moon of the 16th year of Kwong Sui (26th August 1890).”
that the appellant had a legal right to make such a lease. The right to wake such a lens was never investigated in the Chinese courts and therefore the magistratos were never called upon to decide whether or not the appellant had on estate out of which this lease could be granted. The mere fact of registration proved no more than that the lease was duly registered.
and,
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towards the end of it, describing the Empress earthworks condition. Trenches and those under fire. are Now, in Monckaria Dewager and her court, make Lady Towsley's dileult to keep clown.
IREK have been book a welcome addition to the great number several hundred thousands of of travel books with which we have been lately crowded into "dug-outs" prin treiches, witheat, their positions for over four months. surfeited. To have written the major part of as regards the vast majority of each army. this book the Indy has admittedly had to The continuous and severe froste have con- PER CASE OF 18 PINTS... real a great deal, aud to have read all the has gealed everything, nothing has evaporated, treatment difficult. The "earth to earth' with sufficient care to summarise it as she has and the hard-frozen groand has made the done, stamps her intelligence of the right***
Заранее. who are naturally of cleanly habits, order to make what little original contribution and have a practical elementary knowledge there is of a sort worth reading. The style is of simple sanitary methods, will be better off. feminine, with a plethora of exclamation marks; The more solid materials will doubtles have been cremated in the same way as the natives and the writer who has had sufficient individual ne argol fuel. The Russians baro not, as taste for choice of words, such as a preference rule, especially amongst the rank and file, the for identic where the adverbial terminal at same innste ideas of cleanly habits, and, farther, Japanese are on limestone hills, or en soil Iurg-ly
composed of sand and decomposed quartz phrases like 'pretty certain. There is here or limestone. A vast amount of and must SOLE AGENTS--- sat there a disrespectfal tono in speaking of lava saturated the surface of the frozen ground, Chicore faiths, only to be expected from s now that the ann is rapidly regaining its power, the surface of the soil around the camps who no doubt clings to her own with all re- will become thawed. The weather has not been verence; and sometimes it is the case that in unusualy savere, and this means that so the condensing all there is to say a wrong impresspring breaks the force sirocco like winds from
the
at all, and sion is riskod, as when on page 6 she attributes these winds, though ladon with dust and
south-west will scarcely blow the Shanghai riots of 1809 to "domeration of unplesmat as the March east winds in a Chiness cemetery by Frenchman," which was
and disse gerne. Without these winds, March is a most unhealthy month readers will not accept the chapter honde in the cities of Southern Manchuria; the "Tacism' as the last word on that subject; and air is laden with poison, and even the >ickness. In Buddhists will certainly regret the chapter naises suffer much from
Mongolia the Mengol hastens to strike his yort devoted to their salt. The rest of the book, or habitket and excamp away from the winter not yet particularised, ie frankly travel gossip site, Cholera, dysentery, and other summer sick- written for friends at Home, and has a little ucsses are not usia), but, of hate yours especially, more than average interest, fer Lady Townleya gorm which it is said resembles that of the
bubonic plagne attacks tile throat and lungs was an indefatigable siglitzer, and took evident
adults, and a worse than diphtheria. The rate of deaths from this disease is not high, but it pats to miss nothing worth describing. The exhaustive inder at the end gives it the out ward seeming of a work of reference to which character we fear it is not fully entitled. The publishers, sa namal, have done their part nobly. The Downfall of Russia, by Hago Gorz, Lon.
don: Hodder and Stoughton, 27, Paternos ter Row, Ga
It did not prove that the appellant had any hardly the way to express it. It is to be haped and, are draatio in their trustment of
The
The Puisne Judge examiund this document failed so to do, lost by Inpse of time all right to minutely. Attention was drawn to the phrases ia it in the first instance," "come again to exchange it for a Treasurer's corticate, hold as proof," "permitted" and applied for nepsisition. The document prime focie did not coater ownership, It was clear that the right as against the Chinese Government to helder of the document was to take active steps make such a lease. It was also pointed out that! to exchange it for a Treasurer's certificats. But the Chinese word for lease was used to describe before the exchange could take place there was anoh various documents as "breaming licence to be an official survey. The appetiast argued,led receipta" and "lossa" proper. that as this officiul survey bad not been made he could not carry out his part by ozchanging his sealed reosit for a Treasurer's certificate. To this it was replied that before the survey could be made the appellant's duty was to report that the land was fit to be surreyed. This he had not done and His Honour held that this report by the holder of the document was a necessary preliminary to the official survey for the purposes of placing the land on the tax register,
Mr. Justice Smith flest set out the Convention of the 9th June 1898 beiween the Emperor of Chian and Queen Victoria, which ceded to Britalu the New Territories He referred to the provision of the Convention against tho expropriation of inhabitants in the New Territories, and set out the Order in Conseil dated the 20th October 1898 declaring that the New Territories were art and parcel of the Colony of Bougkong. This required that measures should be taken to reconelle the dominion of the Crown with rights of ownership. To affect that object Ordinance 4 of 1900 was ensated on the 23rd July, 1900-ths Ianil Court
· Ordiuanco. *-*-ph
The constitation of the Land Court under
that ontinues and the powers of that court were
thon dalt with.
The learned judge then proceeded to enquire whether there was any limit of time within which such report had to be made, and stated that the answer to this gnostion depended on the answer to another question was there alimit of time within which the land per
mitted to be reclaimed was bound to be re- The burned judge not referred to the elimited and entered on the tax register?" application for lease to appeal; and to the notice After examining the evidence of the skilled of motion en bebalf of the plaintiff to adduco witnesses on both sides, the evidence of the further evidence, which was refused. He also appellent in the court below and the law of China gare a summary of the judgment of the presid-bearing on the point, he held it proved that the ent of the Laud Court. Before proceeding to land covered by the appellant's documents of examine the merits of the claim he dealt with plain was required by the law of China to be certain preliminary points. He hell that the reclaimed or cultivated and entered on the tax naturo of the proceeding was in affect an action register within six years of the date of issue of to establish title and that tho burden of proef these documents, namely by the 20th August lay on the appellant. He minutely dealt with
1896. the question of the proof, admissibility and effect of the docum ats addeved as evidence, such as
term, therefore seemed to be one of varying import depending upon the document to which it was applied. Because it was applied to the appellant's documents of claim it could not be said that these documents of claim were lenses, and that therefore the spellant as Crown lessor had power to subiet. The three main arga ments of the appellant hitherto noticed were: --- 1) That his documents of claim conferred absolute ownership. (2) that they conferred an estate out of which a perpetual Ivars could, he i given (3) that a Treasurer's certificate issued and taxes at Chik Lo rates were paid, in respect of unreclaimed lazd.
ния
A timely book, of unique interest; and, if we accept its assurances of being unbiased, and As regards the absidiary arguments of the written from "behind the sones", a book of plaintiff, the court held it was not proved unusual value, for it upsets several popular that the Chinese land register conferred title: notions of the government of the Tsar. It is that the Crown was not now stopped by rosson just to aid that some of its predictions have of its argument in the court bolow from argu. boen startlingly fulfilled. The author is the ing that the appellant was not owner of the "well known correspondent of Vienna," who land that the time limit of thirty years from visited Russia con a tour of suquiry just before the date of spplication to reclaim was not war broke out, and was still there when that of the Sha Tin Lappened. In the light of subsequent happen. fired by rule No. Kuk rules: aoil that the six years' limit preings, the two chapters on Warsaw are almost scribed for the reclamation of sand banks was inspired. The description of St. Petersburg is not abolished with regard to the Sun On of vivid intorost, and reads quite truthfully. District.
Having dealt with these subsidiary arguments the court proceeded to enquire what was the rowalt of the appellant not having fulfilled the
reclaim. The appellant's argument on this conditions under which he was permitted to point was that the Chinese government had no
local statutes of the Chinese Empire, regulations rightly paid taxes al Chik Lo rate and right to re-enter on the laude compriest
After explaining the Chik Lo tax he went the official despatches or letters between Chinese into two arguments advanced by the appel. counsel (1) that reclaimed land departments, petitions of Chiness, general and Iant'a
corticates were legally. He held that offeiri despatches and p titions issued in respect of unreclaimed land. Both woro not admisible ja eridence, that the general and inwali statutes were admissible ex part of the evidence of the exports who produced them and that where the evidence of the witnesses was conflicting the Court might examine and con. strou for itself the passages quoted. The regula tions of the boards were held to be admissible
of the boards and records of the courts of China. that Treasuror's
as public documents.
As regards the awards and judgments of the courts of China the question arose whether they were judgments in rem or judgments in personam. In quoting Story and Smith's leading case, the Priene Judge adopted Story's wider language
Of the Friest it is writlen:
+
"He is especially sopredited with a decided predilection for various distilled liquors that at times exert a doubtful influence on a mau's for spiritual garments the gutter is even less a place of legitimate res“, behaviour. and, at any rate, it is difficult to acknowledge as the appointed interpreter of Chef's will a man spirit from the 'spiritus cametna." " whess month savours of an entirely different
In the churches he noticed a huge general
some bius apparent in this book, and at times the hypnosis" It has to be admitted that there is revelations are so surprising as to cast doubt on the genuineness of the interviews. Here is a scrap of the conversation with a "bank di
Please tell me whether, in your recter."
"I say that long as theG are badget or not." opinion. there is a hidden dooit in the Russian
people who are willing to lend to us, we shall pay the interest. Were our budget a real one, we should not need to contract new debts That is what I wanted to know. And do in order to pay the interest on the old ones.
really insolvent Russia a country, that cannot really pay its debts and cannot bear the burdens of modern national Hitapu
consider you. in preference to the narrower
language in Smith's leading cases, so as not to deprive the plaintiff of what in deciding a ales point of law would have been oridenes for him. He adopted the view Hust, most of those
judgments wore judgments in rem and therefors eonclusive against the world.
appellunt's evidence and the law of Chics on the subject came to the conclusion that the holder of sealed receipts such as the appellant's docoments of eline in this case did not acquire absolute ownership of the land permitted by such soaled receipt to be reclaimed. After making a few more remarke upon the tenour of those doen ments he wound up on this point thus- "As I think it would bo rash to apply to the doonment AT any term bearing a definite le.al meaning in English law, I must express myself in the following periphrasis ocncerning it. It is a preliminary document permitting reclamation of certain and bank, and in course of time is to be exchanged for a further and Binal document called a Treasurer's certificate. After six years from the issue of AT, the sandbank must be reclaimed, entered on the land tax register and pay tax.
2.5
On the contrary, Russia is a land intrin- sically so rich in untold treasures that it only needs another and a just régime for it to pay its debts and assume still further burdens."
of
frequently takes an epidemic and contagions form, and the patient is long in recovering. The mind is
is terribly depressed and the body weak. Scarlet fever, measles in several forms, it would not be surprising if the troops, and mallpox often run riot at this season, and tho Russians, bould suffer. Lant especially year they were on the move, and in the mountains, at this season,
Underground dwellings are generally fairly healthy, from November 1 until the Chinese kite-flying season, which commences in the north early in February, when, as the natives amira, "ti ohi," or "earth sir" risan-that is to
ground, Those in the underground i
dwellings, say, when the atmosphere is warmer than the despite the system of heating, which consumes mach of the carbonic acid gas become anwell, of energy, followed later by sickness and disease. and suffer from headaches, lassitude, and lack In the native underground vegetable pita plants maintain their greenness and freshness February, and then, unless match care is taken, of the "dug-outs" exude unspeakably maaty become rapidly mouldy, rot, and die. The walls smells, whilst the roofs drip with moisture. Muel may be done by opening the roots, and letting in quantities of fresh air; but the sooner the dwellers vacate their present atodes and the better, or they will find a worse enemy than remove from their winter quarters altogether ballet, shoil, or bayonst-Times.
be
BODY OF PAUL JONES DISCOVERED.
مستو...
til
A Manila paper announces that the discussion of decades is at an end. The body of Johu Paul Jones, the gallant officer of the United has been found in Paris, and exhumed. It will States navy who died here on July 18th, 1992.
Staten and its permanent exhumation and hand- delivered to the Government of the United Tho ing over will be a ceremonious affair. discovery was mainly socidentai, though for years there has been a diligent search for the under the auspices of the Fruch Nations! Assembly, but the records of that cecasional remains The funeral of Je'a Int Jones wa
government have been partly lost and no hint of where the corpse of America's great hero lar had been found until today,
LATEST STEAMER MOVEMENTS.
The P.M. str. Siberia, with mails, &c., loft Kobe for this port via Nagasaki and Manila on Friday, the 31st March at 2 am, and is due hers on the 7th April.
The N.G.I. str. Capri left Hingapore for this port this morning, and may be expected here on the 6th April.
re-entry was not expressed on the face of these in his duonments of claim, that such a right of the arguments were rejected as unsound.
After this digression he turned again to documents, and was too severe a measure to ba forfeiture. On the other hand the respondent examine the documents of claim, stating that employed in law, for the law leaned against prima facie they did not confer ownership argued that the appellant's doenments of claim which accrued only upon the receipt of a treu were on the face of them more permits, that apon conditions which surer's certificate accompanied by Ipayment of
they were ixgned taxor. He then deelt with the evidenes on the attached to them by the law of China that, question of bow ownership was acquired, and
the rights conferred by the permits bad after examining the expert evidence, the rack conditions not having been fulfilled The oral, afdavit and statutory slapsed. evidence on this point having been examined minately by the learned judge, he came to the conclusion that the law of China as propounded by the Crown's skilled witnesses was more consistent with both the conditions annexed by that law to, and the general tenont of, the appellant's documents of claim, than was the law of China as propounded by the appellant's skilled witnesses. The judgment ended as follows:-On the +vidence I hold that AS and AT were voidable by the Chinese Government
The banker pointed to the East. "Our fature on the 20th August 1896. But though that is being decided there. If it goes hard with us Government did not exercise its power of there, it may become better here more quickly
The IG.M. str. Prinz Eitel Friedrich, which avoidance the right to avoid passed to the than is suspected."
In another interview, one said that, failing loft here on the 28th March, arrived at Shang British Government and can be exercised at any
foreiga more
leans, there was another way of hai yesterday at 6 am.
When the landowner sells moment. In my opinion that right of avoidanes getting money. has not yet been exercised. The reason for this procesus, this banker will say to him, How thinking of investing his in that until it had been held that such a right proceeds, the
about a little of the Russian Becarities? But clamation is accomplished within the allotted of avoidance existed, the Crown was not in s
aren't they insecure, anawers the good fellow. time, the holder of AT must report that
position to exercise its right. It may zow
The idea! That's only a Jewish trick, on rescind A8 and AT, the right to rescind not account of Kishinoff. And the good fellow The next point dealt with was the prosedure feet, whereupon the officials will have the sand-
On the 1st at 12.37 p.m. The larometer himself be fooled about Kishiueff." on appeals from decisions of the Land Court bank surveyed Ownership is not immediately having been abandoned by the Chinese Gorern-will hand over his shekels, for he won't let.
A depuassion coming from the continent. A capital collection of real photographs, procedure in
case of appeal against the when, after reclamation and entry on the tax spondent declares that under the circumstances
Yangtze und be moving Eastwards, case the land reverts to mounted in an albae of grey cartridge paper, appears to be lying near the month of thé decision of the Puisne Judge. He pointed register, the Treasurer's certificate is obtained existing in this
Gradients slight in the South and S.E. and Government. The Chiness Government it is suitable for sending by post. The view of the out that this wen an sppeal on questions, in exobange.”
Before proceeding, to notice in detail uiler clear was never divested of its ownership of the interior of the five-storey pagoda, is interesting 8. winds may be expected in the Formoss of fact and questions of law, and that so far
up the detentable vandalism of some showing
Forecast.. winds, light or moderate; as the question of law was concerned as arguments put forward by the appellant the soil. It permitted the appellant to enter on foreign Yahoos who have scratched their ignoble Channel and Y part of the China Sea.
names or initials on the walle beside the altar. overcast, some rain. special case had been stated, asrequired by learned judge established the proposition that the soil for the purpose of reclaiming it within
Telegraphic communication between the a prescribed time. That time expired and the A Chinaman who did that in one of the Section 36 of Ordinance 4 of 1873,
only reqlaimed land could go on to the tax
Observatory and Hongkong in interrupted. ccaditions of occupation remained unfulfilled, cathedrals- register.
His Honour also dent in detail with the admissibility in evidence of the forty odd
exhibit
dooursent which constituted the BN1 and having dealt with this point pro- oseded to examine the terms "roclaim." ra- clamation." "assessed to land tax," "eutered on the tax register." "cancelled" and
And this other régime?"
is exercise
the right of ownership," which were translations of the Tations Chinese terms about which there was a difference af opinion.
If the re-
The Bea Line etr, Bennider, from Antwerp and London, left Bingsporo on the 24th March for this port.
WEATHER REPORT.
The Hongkong Observatory yesterday issued the following report:-
which was to follow as nearly as might be tho | Bequired by the holder of AT, bat is conferred went. One of the skilled witnesses for the re- Views of Canton. Hongkong: Kelly & Walsh. I has fallen generally, particularly over China.
Having dealt with these preliminary matters
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