a
THE HONGKONG, DAILY PRF 8. TUESDAY. SEPTEMBER 12TM¤, 1905.
year and plaintill accordingly became respon- sible to the International anking Corporation for menys duo by the Wai Wo Bak adbonging to him. With regard to his
defende nhs, which mounted fu round figures to $10,000, In vivoidance with the custom songst compradores plaintiff fortunately for Ligolf-la obtained from the defendants seeneity upon certain property. He got a deed of charge on synitable mortgage dated 14th Norerolor, 1944, fem un defendants. By that deed of charge the planti obtained the charge of Inland Lot 190 Becurity, and it was asked that
a pri per legal mortgage be made out in favour of the International Banking Corporation.
His Lordship asked whose was the respon Mibility
for seting this the deed us right. Mr.
Pollock thought the Registrar wodd. see that it was in proper order.
His Tagship did not think the responsibility
should be thrown on the court.
Mr. Psilock spread but remarked that if bis Leadship would make an order that a proper mortgage should be executed in pursue of a equitable charge in favour of the Internation Banking operation that world he satis
factory.
His Tordship said that, in the event of som slip bing dises vered the responsibility would fali on the Registrar. They were not convey ancing to th cent.
Mr. Pollock said it summed to him the Registrar wou'd have difkisuity in exeung responsality. He would have to read through
wife was collecting at the tato of $40 Sho mlso lived in and keeping.
of питао $4,000 deposited in the daughter, he intended that for her in in the rout of bis going abroad or his dying. Ho did not wish his wife to handle it. When he pat the S$6.000 in his wife's me he did not stend it as a gift to her. His mind had not been charged as the result of her staying in Macas.
His Lordship said-I am quite satisfied there was no intentions to make a bit ward regard to the wife, but there was with regard
to the daughter.
The first $0,000 may be paid out to plaintiff, but the second 86,000 should remain en deposit;
the $8,000, the costs to be taken out
Semo discussion followed us to the appoint ment of a trustee, but this with the framing of the order, was postpaued till his Lordship sat in ambers next day.
there had been no such lerisation the only way to raise the question would have been by plea
ax it has been in this case.
THE "LONG HING
The defendants, therefore, en it'd to judge PHOTO COMPETITION FOR AMATEURS
ment on the Erst issue of law raised by him, the result bug that the notion in Hougkong must be dismissed with erste.
IN BARKRUPTÓK, .
CHAN YAM HÅNG, EXPARTE LO YU KEF, Mr. D. A'made e Cartro appeared for the positioning creditor. The deal of $386.63 was due on a premissory note dated 23rd October.
The elk maumed to 82, 01 and the liabilities to $3,000, He applied for a receiving order."
This was granted.
BEFORE
IN SUMMARY JURISDICTION.
Monday 11th September.
M. A.. Û. Wise (PURNE JÇDAK)
A PROMISSORY NOTE DIR UTE Shi Yu Mon breught an action inst Cheang Sun in mud the Tai Chong Yow Ki principal and interest in promissors note to recover $14 being the balance due for
pictuted 16th February, 16, unde by defendaars
in favour of plaintiff.
2.09 and the interest $168.25, a total of The principal was
month | be interfered with is that of "the subject": it honse is this which is the inslien ble right"; and the the Courts referred to are called the ordinary tribunals. Now if this principle is to be op plied to the present case, we must say that the British Courts are the ordinay tribuna s
ou-resident foreigners to resort to; sud also that it is their inalienable right" to reaart to them. It is true that freigners, whether resident or not, are allowed to sue in the Britisk Courts. When they are resident it is their right, but I doubt whether it can be called ther inalienable right. When they neo nor-resident it is abject to a condition. thich is liable to be alter d: they have the right, on fulfilling the condition, so long as it is not taken away aim of opin on that the principle which has been uppealed to, if it exists in any other form than that stated by Lord Camptel, does not to foreigners at all; certainly not to nom a foreigners. Mr. Sharps seobital dis psed to concur in this, vior, but argued, that the principle did apply, evon between foreigners PAINTNERSHIP DISPUTE JUDGMENT.
in the case of a contract to be performed within Pi Lordskip delivered judgm nt as follows:
the jurisdiction. The answer ic this is that The judgment i am about to give is basal there is no such doctrine or that the Courts entirely on the clause of the agreement, which have either exclusive or inherent jurisdiction provides that all disputes arising under it never contracts to be performed within the to referred to the exclusive jurisdiction of jurisdiction. There is a pro lure for effecting the German Conrta Bot in view of possible service of a writ on brent defendants, and some future proceedings, it was to me convenient t'mos it appli s. because a contract, the subject that I should first deal briefly with the other matter of the action is to be performed within point of law reard on this irane.
It is clear from the ofllavit of Mr. Sohwor the irishotin. But this cannot be exid tot 24, 188, 28, 1989 $1000 paid an account. filed on the 6th of this month, that complaints fanduraent rule of law. The exercise of this to variation depending on the view of i. A. oir, sub uecountant in the International
in respect of his conduct of the partnership expeliony prevailing at the tim bow of Banking Corporation in the Colony, produced which were not included in the action brought Parliament now of the Rule Committee. a certified copy of the avepunt in his book within the Gorman Courts; in other words, that rior to 1852 it hardly existed at b. thefrado company, and stated the pecourt
new grounds for the relief prayul-dissolution By the Count Low Procedure Ac i and interest up to date showed that deferidants of the partnership are to be put forward. was allowed when the cause of action aros
wed the International Bank $14.983. for
While, flerefore, it is clear that in respect of within the jurisdiction or when a contract which the compredere was liable; as his h]
the matters which have already been adjudi
was made within the jurisdiction; and then intrecced the defencants to the Bunk.
ented upon in Germany, and in reeprot of which
area the well known discursion as to what Plaintiff said he had been compradore of the
this relief has been refused, the matter is res“ ganso of action meant who applied to con- International Banking Corporatien from May 196. He know defendants personally. They indicat, ut a diferent foundati z to the chim traits. In 1875 one set of rales way issued lu for relist is intended to he advanced; and on
18:3 another; and ther may be ethers in the carried of business under the style of the Waithe authority of Henderson v. Houders. I Fatur. And the rules very in every Colony We Bask, and did bas ness with the Banking think that such a suit in Hongkong is not
It is therefore impossible to say that it is a Corporation. He introduced then to the Cor-herred by the judgment in the German pre
ceted. poration and obtained from them a deed of
In such it, however, the evidencognised prine ple of aw that the Courts e any try have jurisdiction over contracts to us to acts done before the triul in Germany le performed within the jurisdicti n. niortgage in security. He was responsible for the defaults of the Wai Wo Bank, and bajl which might with reasonable diligence send a statement of their account to the have been brought forword in support of defendants, but they bad left the colony. He
the frondation for the relief proyed for in had instructed his solicitors to prepare
Germany, could not be nilihiced. It would legal form of mortgage favour of the have Bron' a question at the trial what these International Ranking Corporation.
acts wore, and whether or so they could have Mr. Pollock said that was his case. He askeri
Teen rddned in Germany if they had been for relief in aceradianco with the statement made.
discovered after the commencement of the Hie Lordship mado bar quisite orden
proceedings and before judgmont. Further, though it might not have been necessary to amend the Statement of Claim, yet it is so thrawn tha on the fare of it there appears to be prima facie case of res juttiestu. It is not tili new grounds are the last rowent that the
il.
Mvideren was then ballod.
CURIOUS BASKING TRANSACTION,
Mr. H. R. Polkek, K.C., appeared in the muniter of the Hongkong and Shanghai Banking Corporation asking for relief against re Augusta Camilla Tratores made on behalf of hers if and infant daughter against the claim of
se intended to be unde against the dalindantagued jurisdiction has for many years buen and Grist) appeared for plaintiff, and stated |
B
1
Mr. C. E. H. Beavis (of Messra, Wilkinson
that the action was undefended.
His Lordship entered judgmont for plaintif with conts,
AN UNFULFILLED GUARANTEE. Tani Chik Num med Ia Kwai Bang for $247.0 for board and tigings suppied to Chan Lai Yn, the payment of which had been guaranteed in writing by the defendunt.
Mr.
Mr. O, D, thesal, represented plaintiff, and . A, Harding appeared for defend ut. Dr. Thoms n intimated that Mr. Berding had consented to judgment St had been paid and judgment would be for $27.90,
Jadguien was entered accordingly.
POLICE OURT.
Monday, 11th September.
Before MR. P-A, Ímeland (Fier
POLICK MAGISTRATE).
A SKRIOUS ASSKULE,
$220.00 IN PRIZES.
ENTRIES FREE.
CALL OR WRITE FOR · PARTICULARS.
LONG, HING & Co.,
17 QUEEN'S ROAD, CENTRAL, HONGKONG.
THE BURLINGTON.
PEDDER STREET. OPPOSITE THE HONGKONG HOTE..
NEW AUTUMN GOODS.
་
39
HATS, TRIMMED & UN-TRIMMED OF THE LATEST FASHION, and Mado
to-Urder at London Retail Prices.
SHOES, FROM WELL-KNOWN MAKERS (AMERICAN AND FRÈNCH). READY-MADE COSTUMES
A VERY FINE SELECTION OF CORSETS, FANCY RUCHINGS, & TRIMMINGS. TAFETAS & DROGADE SILKS-LACES CASHMERES & SERGES: DRESSES MADE ON THE SHORTEST NOTICE,
ONLY FIRST CLASS GOODS ARE STOCKED,
OUR PRICES ARE THE LOWEST IN THE COLONY,
Hongkong, 11th September, 1905.
WORSE THAN BOYCOTT.
....' HIGH PRICES IN CHINA.
DENTISTS.
M. GAINS,
MANAGERESS.
[1886
Another unfavourable element in the importi trade of China, sayʊ an Amoy C. 8. Consular
are not satisfied with what would be considered
a good profit in the averago goḥl-using evuntry,
i
METHODS or
CROWN
report, is that dealers in foreign goods, an orale, POSITIVELY THE LATEST AMERICAN
AND BRIDGES. FILLINGS AND PLATES.
bat make sales to consumers upon the basis of an extravagant and often unfair
profit. This is not so much the case with standard goods for which there is a certain demand, like recognized brands or chops" of cotton goods, as it is wik misellaneous goods. Prices charged for PAINLESS EXTRACTING 07 TEETA. nations and small goods by the average retailer in Shanghai, so great a'centre of trade
ist
crew of be railing ship Eigendor, wero charged interior to mention the smaller ports and
points, are not out of all reason emparext
Mr. A. 1. Traveres, husband of the said branght forward, and the continuance of the was simply treated as one of interpretation of on the night is question when he heard which could be had almost anywhere in the
Traveres
|
sait cald only have bon allowed subject to terror as to the costs on this inotion.
Now the authority for this proposition is said to be Scots. Avery H.. Cr. 811), in which the doctrine was affirmed that parties connet by contractust the Courts of their jurisdiction"; which might be put in the cradler form that if two persona agres for good consideration not to sue in respect of a givea ma ter, yet they can sur. It was in fact thus stated by Alderson B.-. any agreement which is to prevent the suffering party from coming inte a Court of law earunt be impported.
14
My view that an agremion to submit disputes to the exclusive jurisdiction of a foreigu trilaual will be enforced by the English Courts to the ousting of their own jurisdiction in spite of the doctrine of Sett r. Avery, is supported by inference from certain of the ease get the argument before me. I the "Austrian
Em Heure and hu mas Morgan, two of the Lloyd Company. Gresham Assurance recinty there was a simple #greement to ubmit
with assaulting two of the occupauty of a sampan displex in the Conets of Undagest. It was r
in the harbour near Stonecutters on Sunday exclusive as in the prere at caso.
here westonight. reference to the doctrine of Scort v. Avory, nor
Lance-Sorgeant Wills, who prosecuted, even to Thompson v. Charnock, the es e vited infirmed His Worship that he was steam with doubtful approval by Lord (amploi. ting in the police pinnaco near Stoneonators the words used. Romer L. J. said the question
eries of "дата lute" com g from 鼎 is this: does the condition merely meari t at i one of the parties to the contract is sued by the cow the defendants on busd, one was sa tupan. On running alongside the sumpan other in the Court of Budapes, he will not tave grasping the woman, who was at the tiller. any objection to its jurisdiction; or, dos it by the throat, ad appeared to be trying to mean that the parties mutually agree the if throw her overbund. To other defondant had any dispute arise under the contract, it shall be
a grip on the throat of the master of the Leat, de ermined by the Court in Budapest? Huring and he also appeared to be endeavouring to pass regard to the nature of the contract and is him overboard. The Surgeaut jumped on the language, I am of opinion that the latter sampan, and after a struggle with the first construction is the correct one." ታ
A similar point srosa in Herter v. Henover defendant succeeded in overpowering him and ('outchouc Co. (10 Timis LR) The case is putting him on board the police punce. Ha much oumbered with questions of procedure showed Bght, and tund to be knocked down. LEXI turned his attention to Morgan, who also but the following points are to be notio d: that The second defendant then went quietly on the in the Court below Pollock B. expressly re-
pinace, and took a seat at the stern. When cognised the possibility of an agreement to gire Wills again boarded his craft Morgan began a toreign Court exclusivo jurist otion; and in
to aimee bist, and quickly raising tus the Court of Appeal, the Master of the Rolls; tiller told him bo would murder him if he in dealing with the argument that tho agree moved, as he (the defendant) was going to take ment oneted the juristiction of the English erarge of the pinnace and go where to liked, Courts, said that the contract was a German
Another strugge fllowed and the Sergeant contract, and that this question would have to again everpowered his man, and put him in bu decided by German law.
frons. He then took then to the water Police Station and charges them.
The argument before me in this case was a little complicated by references to sul missions te arbitation, with consequent references in the Arbitaation Aat, or the corresponding roles
s of The principle thus baldly stated needs much our Code of Civil Pros dure. I he ups sai priat examination:with ropest, more than it receiv-raised being that by rule 541 power is given to ed by the Judges and the Lords in the ease, the Court to stay legal proceedings where thera exept Lord Campbell. There are, however, is n saumission to arbitration and that tho certain sentences in the cpinions and judgments fore the defondant's proendure in raising the which throw some light on the meaning of the point in his plendi ga and moving to have it dootrine.
tried as a point of law was wrong.
Law. Garrett (LR. 8 CH.20) undoubtedly warrants the pr. position that an agreement such as the only under consideration ders
curs within the law as to submissions to arbitration, “Since the passing of the ( ommon Low Procedure Act, s. 11, if parties chose to determine for themselves that they will have a form of their own selection in ten of rosering to the ordinary Courts, a prima facis duty is cast upon the Courts to not upon such a rat go went," The same rule new spplies under the Arbitration Act, and the same principle was acted on in the Austrian Lloyd's cas already referred to.
Both defendants dozied the charge, stating that as the sampan people refused to go where ordered, they end: soured to manu kom.
After heurig the ovidonem his Worship found the detend, ats guilty, and sentenced each to one monta's Lard Ixbour without the option of a fine,
JAMPLERS.
Sergeant Parr raised a gambling house at Li Sing Street, West Point, on Sunday right, and arrested loven men.
They were clange butore his Worship 19 day, but as the avid bes brought forward with regard to the keepers was insufficion, the aclendants scapea wito a fine of $3 vach.
SPURIOUS COIN
Defondan was sentenced to two munibs' imprisonment with bars inboni,
CONSULTATION AND EXAMINATION GRATIS.
| with the cost. For instance, a suli pair of
tweezers the other day cest me in lfongkong $1. HIGH CLASS WORK 10 Mexican (about 50 cents gold). I bought a better article in the United States a year ago for 15 cents gold. I paid $1.50 Mxican in Shangbai for a cheap lion of song book)
Unin d States for 45 or 40 cents, and which, with
ought to have been sold at practically the same the volums of teadsin that bnsidess in Shanghai,
rate. Practically all foreign goods, except a few staples, are subject to such charges. The a mand of such a profit on foreign goods simply shuts American and other foreign exporters out of a market which they ought to have. So far, in this part of the Far East, at least, there appears to be no appreciation of the principle of doing large business upon small profits instead of all business on attempted large profits. The chief obstacle to the introduction and use of a large volume of foreign gods of many kinds is ther great cost to thiurse consumers; and the most unfortunate feature is that much of this cost could be obviated by modern basi- m-ss unetheda and a broader-minded basiness
MODERATE CHARGES.
OFFICE HOURS: 9 AM. to 5 r..
DR. GUTHRIE & CO.
31, QUEEN'S ROAD,
Over WATKINS' Pharmacy.
[1987
|
policy on the part of foreigners doing business in China, however, the most unfavourable. element is the uncertainty of “zebongo,
FOR CASH, NOT CANNON.
An American paper sorms to have discovered a Chinese mare's nest" as follows:-Now York, July 28-Behind the placing her by a representative of the Chinese Government of an order for £4,500,000 worth of ceppor des a try of one of the secret mothers of the Celestial Empire by which it is being put on a firm war footing.
This story is particularly significant in view of the prerent awakening morement that is sweeping Uroari China. It is understool that tody's order for approximately 30,000,000 pounds of epper was placed with Senator W A. Clark, who owns the United Verde mire at Jerome, A. T, one of the richest copper pro-
poi
figs in the world,
This enormous purchase of the red metal is to ho used by the Chine-e Government to make
new
with Leug in po. season of spurious coins. The Sergeant O'Sudcom warged a Chinaman Sergeant sted bat he stressed the war ute issue of sins to supplant brass monny, or cash," us is commonly called, which is now Youmati on Satu day, and found on his.pers na in general circulation throughout the empire. number of aparious coin.
Thie "cash," of which it takes 810 piec-s to make a dollar, is to be called
OCST- by meat and at our converted into cartridgen ind and other war munitions. It is est mnt d that there are willions of pounds of these "cash enius o Chian, and the Government expects to manufacines from them a formidable quantity of war material.
A BREACH OF THE PEACE.
Hougkong, 9th August, 1905.
HANDS CRACKED
AND PEELED
Suffered for One Year-Water Caused Agony, Heat Intense Pain-Grew Worse Under Doctors-Could Not Do Any Housework.
ANOTHER WONDERFUL
CURE BY CUTICURA
"About a year ago my hands began to crack and peel. I tried many remedics, but they grew wome all the time: At last they became so sore that it was impos- sible for me to do my housework. If I
in
I was water,
Lin put my hands
agony for hours; and if I tried to cook over the stove, the heat caused intense pain. I consulted a doctor, but his prescriptions were utterly useless. I gave him up and tried another, but without the Icast satis- faction. About six weeks ago I got my first relief when I purchased Cuticura Soap and Ointment. After using them for a week, I found to my great delight that my hands were beginning to feel much better, the deep cracks began to heal up and atop running, and to-day my hands are entirely well, the one cake of Cuticura Soap and one box of Cuticara Ointment being all that I used to make a complete cure. (signed) Mrs. Minnie Drew, 18 Dana St., Roxbury, Mass."
His Lordship-Before this action is heard
I now proceed to deal with the exclusivo I wish to say few words. I received a letter
jar.sdiction clause: The plaintifs and the in connection with this case. I sent it back. I
dofondant enter d into a partnership agreement roved another this morning. I wish it to be
in Germany, ore clanse of which previch that derstood that such letters should not be all disputes concerning the partnership should
ΤΣΙΜ The second lotter written.
returned to submitted exclusively to the jurisdie ion of ungered,
Ue Homburg Ceart. If words are to be Defendant was not represented.
given their ordinary meaning, thi must mean Mr. Pollock stired that the question was that all actions in repeet of partnership whether a certain sum deposited in the fleag-disputes are to te brought in Hamburg kong and Shanghai Baking Corporation noo not elsewhere. It is said that in spite should be decreod by his Lordship to be the pro- of this clause this actin may be maintained in perty of the husband or wither it should be Hongkong. I wid deal presently with the fact decreed to be the property of the wife, the de- that the partnership agreement was to be in fendant in this eneo. The circumstane part performed in this Colony. were there. In 1903 Traveres deposited a sum of money in the Yokohama Spooie Bank in the name of his wife without informing her that he had done so, and at the end of the year he got it out of the bank, with the interest aceraing, by simply writing in wife's nome on the back of the deposit receipt. Mr. Traveres was appare tly of anapicious on- peroment and apparently anxions that his friend should not know ice much of his affairs. He deposited the money in the Hongkong ul Shanghai Pask in January of this your, again foll wing his previous techies, and nating the deposit in his wife's me. At the end of the six nths hadded to the 500 depositad suffleient with the interet to make it. $6,009. Dealing with the points of importance, Ar. Pollock aid that when the money was deposited running on for the two years-Mr. Traveres did not intend
Coleridge J. said: "If two parties enter that to be a gift to his wife. He did not into a con ruet, for the breach of which in any semula for the wife he would have held particular nu a in his sent me communicate the fact to If he intended
binding term that in event 20 some communication with her. Arotber point action shali bu maintainable, but that the was that the deposit receipt was kept by him
only remedy shall lo by reference to arbitration. it was neser hunded in ber. A third points Whether this rests on a satisfactory principle flat as a mutter of fact Mr. Troveres was not my well be questioned; but it has been sa fing on good terms with his wife for summe comiter-tite: that it cannot be disturbed. The Cou is ale toe, ineo February, 1904 r. Peluck will not cuforos or saution an agreement which quocl cere in sui port of his contem ion. Bed
deprives the subject of that recourse to their said that the prima facie view of the rase that jurisdiction, which has bon considered a rght it was intended as a gift to the wife was inalievable oven by the concurrent will of the raunted by the circumstance of the case. He
parties.
Bat nothing prevents parties from would or his Lordship after he ring the ascertaining and constituting as they please te It is important to bear in mind exactly how plsistitt's evidence. to come to the conclusion cansof action which is to become the subject this question arise. It is proper to raise the ques That as a matter of fact he did not intend that matter of decision by the Coute" he Lord ti u of ve judicata by defnes, the questin as a gift to the wife.
Chancellor put the principle in a very different being tried like that of fie alibi pendens way. Ho said. "There is no don't that where of law; but as I har, ale don done by is a sight of action has accrued, parties canuo by enact he waintained in respect of a me matters contrast say that there shall not be jurisdiction raised in this setion. The point is whether the to enforce d magca in of that right of exclusive jurisdiction olsass can be raised by action. The doctrine depends upon the general defence when rals 41 has, o authority of She had requested a run of soliciters to act for two es ei ed provided a means I dealing à contract which gives rise to a right of sarken with legal proveedings commenced in spite of a Plaintiff aid he lived in Hougkong, where for the branch of it, and then withdraw such submission to
arbitration, During 1110 hintonded to ater prmanently. He put a case from the juristligtion of the ordinary ¦ argument. I expressed doubts whether defendant to py fine of so for being drunk, i money in the Yokoluma Speci Bank in tribunale."
Arbitration Act could be applied at all
Many Chinamon limit themselves to half The question in diepote was whether an
Soak the hands or feet on retiring in January, 1963, when be deposited $6,000 for six
to an agreement to submit to the cision of # months in the name of his wife. At the end of agreement that a reference to arbitration foreign te hansl. Ou further consideration
a strong, hot, creamy lather of Cuticura dozen pipes of opium, ofter such meal, and mantain this practice for many years. The Soap, Dry and anoiut freely with Cuti- the six months he withdrew the money writing should be a condition precedent to bringing still dont it, more especialy where, as here, the
babit, hey, we are told by Dr. F. "Brunet, in
cara Oiutment, the great skin cure. kis wife's name on the back of the receipt He any action on a policy of insarane fell within ag soment is in a oreign contract. As the
Wear on the hands daring the night old, uprar informed his wife of having dopvited this principle. Lord Campbell, agreeing with Biaster of the Boils aid in the case cited above,
the Brit al Mied cal Journal, appears to have
Jonse gloves, or bandage the feet lightly tho weney is born me. In January, 19.4, he th. Lord Chancellor, declared that public policy the contract being a German contract it must
to serion-ly deleta ious effect on the health. Batwith optam am kera already in the stago
in old, soft cotton or lincn. For red, depositos money in her name in the Ho kang required that effect should be given to such a te construed eccording to the law of Gorniany the Dntch Oisteasuur hessfer, were charged
rough, and chapped hands, dry, Easured, of intoxicatiou the opium pipe Bark to the smount of $5,500. Neither did he contract. He then disou sedhe principle And again. Ish staroten doot apply to
with brittle, itching, feverish palms, order af in his wife on that version of having itselt, and said that it probably originated in one out of England unt-28 expr saly su stated. with being drank and refusing to pay their sits, both before the mean
slupeless nails and painful finger ende, liitto apetite and the ability and for itching burning, and scaling deposited money in her me. In July, 19-4
Defendants admitted both churges, and slated regain
to eat, and also after the meal, în
eczeman, rashes, inflammations, and when the first d posit receipt rall out, le col cat cult of the Courts in ancient times for Farther, waach of the Ac. is quite inapplicable richa Lire.
extent of jurisdiction, all of them being opposed
chafings, this treatment is simply won- leted the inters and put fo sufficient to make to anything that would dogut, er deprive the judgment of the foreign Court result that their cap ain would pay whatever was due to fcilitate digestion. If, however, the degree
550, for example,
His Worship--Were they very orunk P
derful, frequently curing in one night. u for deposit for 26,01 0, also in the none of everyone of them of ju isdiction. There is a coud not apply; it allowane awad to bernforced
Lospector Warnock-When toy came to of intoxication has advanced too far, the
Cullen Bond. Oletmest, and Pele som goth throughout the his wife. He did not inform her of that transwaying of Lord Coke whel is the original intimo neras a judgment of the Court.
absence of app-tite cannot be overes by further
watid. Depala & London, Charterhouse, Sg3 Parle, & Hux de the station they were incapable of taking care action or hand the receipt to her. He de posited foundation of this doctine: it is this. if a Bat the judgment of the foreiga Cont is in of themselves, but could walk
smking. Thisisa serions condition, indicating in Pair: Australia, R. Towar & Co, dyduey, Roller Deng
Brdon, .. A., Nale Propr. the money in her name so that his friends man makes a lo se for life, and by deed grant no sense
a high degree of s.turation with the poison, ab award; snit tue Legislature
His Worship Each defendant is feed så on would not come borrowing money from him. that if any waste or destruction be done, that e-rinin y, ever intended to allow execution on Hai ad lent money kotore. He was not living it shall be redress d by neighbours, and not by a foreign judgment, to be obtams in this way.
the first charge, and ou the second he is urdered and the ontlock is aut pod. There is very important difference, which Europeans often to pay his ricaliu colio šuo uis compensation.
fail to realise, between smoking opium merely with his wife. She went to Mas o last year mat or plen: notwithstanding, an action of The scion Oli jadgment has obviously no
REFUBING TO FAY VEHICLE H BE
mill gastric stimulant and aid to digeation, and never came back. He did not know the waste shall lie, fr the place wasted cannot be sul gy to the procedu o indici ed in rule að.
Cowson und Adumos, saamon. zeascti why. He had asked her to returs to covered without a plet. Where au action is It may be that the authorit es do not rally go the German bagus Tue dore, were arraigned pleasurebla setantins. When the latter object and employing the rug for the production of Hongkong. When she left his gave her $2,000, ind
its Farlier than that rale 54. applies to such a for illegally refusing to pay velicin bire. The jurisdiction over the et, because
is parsmed, frequent usage causes a dimention but he did not inond the money deposited in indispus ble, you causat nst the Court of the Hongkong Bank as a gift to his wife. At qunset he tone without the szereiss of, that subinique. But even then it cannot apply ta delendants, it won stat d, eng-ged two rushes of the effect, the natural consequence being
rate is at an exclusivo submission, for that present he had lent about $7,000 or $8, CO.
juridiction. That is all, and there is no doube on the idea that the English Courts have a at Fusspas.cn Street. atout son on bunday that a derive to repr duce the same pleasarable and went to a restaurant at the east end where experience leads to constant, augmentation of about that, This is the foundation of the concurrat jurisdiction with the arbitrator. Mr. Pollock said bosbould like to diff-ruatint doctrine that the Counts area not to be ontredi But the bypothesis in the present case is that they slayed until 3 pm en om.ng out they the dose, with inevitably pernicions results.
were departing without paying their tae, when f their jurisdiction." He then refers, though the English Conris hd no jurisdiction because the coolits ca-cavoured to persuade them, and between the cases to which bis Lordship had hardly with approve, to the cases which admit it has been ousted by agreement. It is therefore
gave them in the eventually Having addressed the the posibility of an action being brought in difficult to sou how a stay of proe edings cat drawn his attention. sourt at length on these he argued that Tresares spite of and agreement to árbitrate, where the
proper remedy for that supposes possibly to the didnt intend to make the money deposited a hotbitration had not been mados condition pre the possibility of continuing item at some to, ur pay is fure Lecause the coole asked 100 much, and the statement of the second was to tho'effort gift to his wife but being of a su picious note: cedent.
tale. If, therefore, I am right in my view We have here, then the principle; and if that the English jurisdiction has been ousted, that he had paid exactly what he agreed to pay. In reply to his Worship, Inspector Warnock Lord Campbell's opinion lo followed, there is there is no other way of raising that question His Lordship thought that was a lame exeuse nothing left of it. But taking, as I am bound effectively except by plea. The Court of Ap-stated that the men were has worse for drink on The point was whether at the time ho deposited to do, the judgments of the other judges, there peal in Law v. Garrett expressly said that the arrival at the station, and first stated that the moderate E. and N.E. winds may be expected!'
had paid their fave, and then denied doing so. 60 cents. compensatice.
They were each fioed $1 and ordered to pay
In reply to bis Lerdship. Mr. Pollock said that Mrs. Tuveres could not have got the Truk to chim the money be eaure she did not have the rcript and brause she did not knew of it before these proceedings were commenced.
lur.
The care stood over till later in the day.
On resuming in the afternoon.
ho took that course not to let his friends know he hail such an amo ut of money.
that money he intended her to keep it,
from sum -¡ON.
wo
the
T
Bets
based
are two very important terms used by them jurisdiction of the Courts was not ousted by Pluintiit was rec.lled and, unestioned if he' which cannot be overlooked. The recourse to the provisions of the Arbitration Act; and
made his wife an allowance, replied that priest in Macna owed him $3,000 which his
the jurisdiction of the Courts which is not to
Bokert orgau, licensed pist, was charged with being drunk a diora ly, and assaultag a Chinese ouble at the jac ion of Caine Road and the old B Bey en cadas .ght.
Lukong Li (ng TVU PHU ăn to the assault, and defendant aate hut when he returned home that evering he found the akong standing Lear he door and old him to get out." He was not drunk, and did not His Worship b fioved otherwise, and ordered:
Blu for unault and §. competention for damage to the lakoug's tuala.
Desault him.
BEFORE ME. G. N. ORME (SECUND POLICE MAGISTRATE.)
DRUNK, AND LEFUSING TO PAY RICSEA HIRE
J Hemet and M. Tol, tee of the Brew of
ch
The phora of the Imperial Government are being bundled with great secrecy, however, for it is feared tho opon importation of large quantities of war wunitions might arenas the stity of the powers and bring about some preventive action.
UN &
beard
ge.
The first defendat stated that be refused to
OPIUM-SMOKING.
is
WEATHER REPORT.
อ
to
ordor
The Hongkong Observatory yesterday issued the following reporte
On the 11th at 125 p.m. The baremolor continues ste dy in 8. Che and the Philippices.
Keturis Prom-the-North are lacking. “ Gradients are slihgt in the Bonth. and
over the N. part the China Sea.
Forecast:--Variable winds, light; fair.
ONE NIGHT TREATMENT For Sore Hands and Feet with Cuticura.
With Corystow to Cum iteblog, Beals Humorš*
69-19
DR. NEWELL WILSON,
DENTIST.
Latest American Methods, Leasonable Fees.
No charge for examination>. Office hours 9 AM, to 5.P,M,
No. 2, PEDDER STREET (uuxt to the General Post Offer and opposite to the side entrance to the Hongkong Hotel),
Hongkong, July 5th, 1903,
1370