CANTON.
PRO OUR CORRISPONDENT.}
14th October,
CANTON-HANKOW BAILWAY. The Tam-Ying-Kuk, ons of Chan Tang- Saug's properties recently seized, has become
THE HONGKONG DAILY PRESS, TUESDAY, OCTOBER 17rя, 1905.
DODWELL & CO. v. E. J. MOSS. by the plaintiff, which, at all avonte as
THE JUDGMENT. Judgment in the sbore case honr by Mr. Justice de Bausmaurez in the Supreme Court
regards that part on which I am asked to pro- -nounce, is intelligible and such es to render the covenant enforceable. In default of more I must give it the construction by which res magis veleat quam perent.
The plaintiffs are, therofors, entitled to an in- junction restraining the dolendant in the terms at Shanghai, was rendered, as we are pre-prayed, save that the words "a general mer- chant or of a shipping insurenco or commission marine or fire insurance or merchant shipping erent" must be substituted for the words "life gent commission agent." The defiant must also pay the costs of this proceeding and of three in connection with the procedings for an interim injunction.
an offer of the Canton-Hankow railwayiously announced, on the 9th inst. Yesterday's authorities. All the plans and instruments Shanghai mail brought papers containing the wore removed into the building This hous, full text of the judgment which reads as
follows:
suid to be valued at 1.010.000 dollars. Thotai Wong Tau-Ting has been appointed superin tendent of the Fat-shan lime, and all the daily receipts are to is handed to him to to placed
with the Sin-kau-kuk.
The facts of this case as admitted or as in within a stone's throw of the Canton-Bankow railway wharf on the Canton side.
Prior to the year 1900 the firm of Dodwell, The stack of vai's, sleepers, etc., taken over ipouring on the record are as follows:
Carlill and Co., of which the defendant was a member, was carrying on the business at Frodhow and Colombo as goneral merchants insurance and com- and shipping and mission vents. By an agremont datad the 29th of November, 1900, George Benjamin Dodwell and the defendant, who at that date appear to Lave acquired all the interest in the arfill and Co., assigned to firm of Dodwell, the plaintiffs the goodwill of that business at Foochow and Colombo. The defendant received £1000 in cash for his share of the goodwill, which in certain events which happened was to be refundet, aud became the maunger of the new firm at a salary of £1,000 a year with a yearly increase of £50. I am unable to find that the defendast was a shareholder in the new com- pany, but it would seam that he is not, but be bas received the sum of £1,000 which is liable to be refunded, and has been manager of the now Clover-company in Foochow down to the 8th of May last, when he resigned of his own free will, and has commenced business in Foochon, either alone or in partnership with others under the title of Moss & Co., Ld., that business par parling, by an advertisement of the firm of the same nature as that carried on by the plaintiffs and their predecessors Dodwell, Carlill & Co.
A SHANGHAI PARTNERSHIP
CASE.
In the Supreme Court at Shanghai ba the 10th inst. the case of C. B. Kage v. W. If Boyd was resumed.
This was a case which had been adjourned for some months pending the receiver's report on the parties' partnership in the business known as the Shanghai Wine, Spirit, and Glenoral Supply Association.
Mr. Morgan Phillips appeared for plaintif; Mr. D. McNeill for defendant.
THE BRITISH SQUADRON'S VISIT TO KOBE.
large
Just before 8 o'clock yesterday morning sys the Japan Chronicle of the 7th inst. the Kobe bills resounded with this booming of the guas of the British Far Eastern Squadron and the Japanese crnisers in port in slate. The At the time rain quadron moved from Wada Point to the Har was falling steadily and the prospects of the day wero anything but hopeful. Still boar half an hour earlier.
number of the inhabitants displayed flags and generally made preparations to give the officura und men a fitting reception should they come ashore. Iustoad of clearing, however, the gale ingrossed in severity causing the colours of the flage to "run" and many of the flags to be torn to sarods and naterally dampng the ardour of everybody. Men were at work transforming Eawayama into a huge pleasars garden during the morning, the intimation having gone forti that the reception there by the blayer and Municipality would take place if the weather proved wet or fine. However, the weather was so very bail that it was next to impossible communicate with the squadrou; and taking all things into cousileration it was deemed adrizable to postpone the official-reception and waleome until today. This will necessitate only the crowding of events somewhat; but the arrangement possible under the cirenmstances Jas been arrived at, and the authorities base deiled to ignore the clerk of the weather absolutely to-day. Nothing short of-an-earth- blondbarst will deter them from quake or a giving a cordial welcome to the visitors to-day. The officers will be reesived at Sewayams by the Musor and Municipality and will be enter taized there daring the afternoon. To-day and to-morrow the spacious Nauka Temple Grounds will be placed at the disposal of the bluejackets be provided forthem. Other arrangements for this entertainment of officers and men will be carried out as already announced in our columns.
Shortly after 4 o'c.nck p.m. the cruiser Bones venture with the destroyers Dee, Etc. Arun. Ettrick, and Iteren arrived, their late appearance being dus to the rough weather.
While the vanguard was off Wada Point Captain Arinu. in command of the cruiser Kasagi in the harbour, puid a visit to Admiral Nael on board bis flagship Goreraer Hattori also went out to pay a visit, but was unable to get on board, ou recount of the high sea that
CHAU TUNG-SANO'S CABY, On the 11th inst. the military authorities of Sun-on, accompanied by the Viceroy's deputies seized the Keong on and Fook-on pawnshuje: Plas maungers were brought to Canton to te questioned. hey refuer, however, to give any information with regard to Chau Tung-Sang's They are other proportive in that district, imprisoned in the profectje gaol here.
OFFICIALS PUNISHED. On the 4th of August. I reported that nor Chang-Yau-Ton morialized the throne with reference to Mak Ab-Soi's ease. This unfortunate man was arrested, charged with armed robbery sud sentenced to death by the Moss & Co, of the 30th of May, to be of exactly could not undertake to express an opinion as and, wet or fius, a round of entertainmenty wil
provincial judge, Ching Yee Lok. No evidence was taken. A confession in which Mak Ah-Sui donind carrying artas baing the only document. went to the Viceroy he confirmed the sentence, - but. Governor Chaug reversal it on the plan that defendant having denied carrying ampons be could not be runvicted on his own confession. Mak Alt-Bai was tortured and a subsequent enquiry proved that ho bad died through the injuries received, protesting to the last against the acensation and shouting that he was in
nocent.
A reply has now been received to Chang's emorial by Viceroy Shum in which the Board of Civil Office in Paking informs his Excellerey that Magistrate Lau, who inflicted the torture, har been cashiered. Provincial Judge Ching Yu-Lok has been degraded two degro's in rak (and notpormittedļto rodaam his degradation by paying money. Gwernor Chang forfeits one
yone's salary.
VICEROY CHANG'S RAILWAY LOAN.
A Peking telegram to the N-C. Daily News
By:---
or
Article 4 of the agreement of the 29th of November, 1900, is as follows:-"Each of the vendors hereby agree with the company that he will not at any time hereafter while the con- pany ahull carry on business either solely or jointly with or as manager or agent for any other person or persons or company directly or indirectly earry on or be engaged
poucorned interested in any business of a similar character to any of the businesses carried on by the company at Foochow or Colombo ur London or any other place where the company has heretofor carried on or shall hereafter carry on businesses of open a branch or agency and that he will not permit er suffer his name to be used or employed in carrying on or in con nection with any such basiness as aforesaid sare so far as he zball us a member of the company be interested or as officer or servant or agent of the company be employed in the business of the company.
11
Under this artick the plaintiffs now seek for an injunction restraining the defendant, so long ay the plaintiffs carry on business there, from carrying on st Foochow or Colombo the business from which he contracted to abstaiz.
the defendant admits the agreement and his breach of it, but pleads that the agreement is in restraint of tride, opposed to public policy and therefore void.
Mr. Morgan Phillips and that plaintiff's pulitinn asked for an account to be taken of his Partze ship with defendant in the above concern. Reesivers were appointed, and after some time they had brought in their report of the sccounts, A serious issue, however, aroso ever these accounts, and the receivers in sending in their report to the Registrar wrote that among the items of the Assoolation's limbilities was a claims from defendant for $60,556,50, against which he held goods valued at $19,000. The receivers to the validity and otherwise of this claim. The name the Court would really here to decide was whether the Association was owned by Bord, Kaye & Co., or by W. II. Boyd and G. B. Koys individually. Counsel then outlined the circumstances of the parties' partnership in In May 1901 the firm of Boyd, Kayu & Co. the firm of F. G. Kouling & Co., was formed. There were four partners, G. and W. J. Kesling and plaintiff and defendant. (Counsel put in the partnership agreemont.) This was an entirely separate business from Boyd. Kaye Co, ho were to act as buying agents for
an
was running.
THE
NO. 2 FOLDING BROWNIEZ
A PERFECT POCKET CAMERA,
FOR
$12.00.
LONG, HING
&
Co.,
No. 17, QUEEN's Road.
THE BURLINGTON.
2, FEDDER STREET. UPPOSITE THE HONGKONG HOTEL.
WINTER
MILLINERY
READY-MADE COSTUMES
OF THE
LATEST FASHIONS (JUST ARRIVED).
A LARGE ASSORTMENT OF AMERICAN & PRENCH SHÕES;
SMARTEST SHAPES.
A VARIED SELECTION OF TRIMMINGS & RUCHINGS
HATS & DRESSES MADE TO ORDER WITH PROMPTITUDE & EFFICIENCY. BEST VALUE IN THE COLONY.
Hongkong, 17th October, 1905.
THE PROPOSED
TIENTSIN. CHINKIANG RAILWAY.
A foreign syndicate is reported to be trying to get from the Peking authoritios, a concession to make a railway from Tientsin to Chinking. TL report has brought forth. it is stated, a strong protest from a number of the gentry and notables of Kiangsu province, who demand the privilege of building the line themselves, any province should be worked and owned by on the principle that railways that are built in
always the Imperial Government itself does not the people of the province itself, provide take up the matter in hand of its own accord,
It
i.e..
and
in the N-C. Daily Nous, that, as the proposed line is one that will pass through uppers now, says the writer of "Native three provinces, that is to say, Chilli, Shantang and this province of Kiangsu, students belong- ing to these thres provinces now studying in Japan have joined to thor in addressing an
fathers widers (putres conscript) of their three native provinces, calling apen them to stand firm sed united in fighting for the rights of first, their native country and, next, of their respectivonativo provinces. Under the circumstances it is onsy to perceive that the principle under which the Chinese are now working is that all railways in the Chinese Empire must be built and controll
the new firm and not to charge any commission
It has been thoughtfully arranged hy the ou goods parcbased from manufacturers for whom they were agents. More capital, was Municipal authorities that a number of sampane ant. When plaintiff was in England American hatoho, sud the Western Customs required and provided by pointiff and dafund. shall be in waiting alongside the railway pier, arrangement was coins to by which the Keelinge landing place, for free sis of the cficers and were to be bought out, their capital being men. These beats are each distinguished by o returned to them in monthly instalments all British Hag. A number of these sampana Accounts of the business were, about this time, will also be in wit ug around the ships of the prepared by Mr Leake, one of the recaivers inquadron. The Nippon Yun Kaisha offeo pau l-ter to the "Fnize,"
These accounts showed the present case.
wil be illuminated every night, as also still the debit by Keeling & Co. to Boyd, Kaye & Co. Kencho sud other buldings. The bankers in of apwards of $14,000. Whom plaintiff returned Kobo subscrbod Y2,000 towards the reception some of the to Shanghai he refused to accept these accounts, fand. They were to entertain
they were, he said, prepared on a wrong basis. British officers at a dinner. He contude that the fiability of Keeling & Co. was to Kays and Boyd individually, and not to Boyd, Kaye & Co. The name of the business of Kaeliug & Co. was altered to the Shanghai Wise, Spirit, and General Supply Association, The business wout on nud goods were supplied by Bayd, Kaye & Co., salaries and expenses, being paid by the firm's sheque.
His Lordship understood that at this time with disto parships between the parties
different objects.
The first Bretin of the squiron including the cuirs Diaden (the Admiral's flagship), the Amirmed, Hague, Bulle, and Astrien, ached Kohs by way of the faland Bra. The remainder of the squadron came round Shikoku, Admiral Shimas are, on the cruiser Inte met the squadron and necompanied it to Kobe. Some of the vernacular pegats remind their readers of the enthusiastic welcome given by Britishers on cruisers sama oud Takasego under the the occasion of the visit to London of the command of Admiral Ijuín (now Vice-Chief of be General Naval Staff) ebertly after the conclusion of the old Anglo-Jaques Agrer ment, on the occasion of King Edward's Corenation ceremony, and also of the visit to Autralia of the training squadron the Hoshidate and other ships-under Admiral Kamimura, uring their visit to London and Australia, it is recalled, all the officers and meu were given as hearty a welcome as could be wished, day after day being invited to luncheons, ball, ten parties, garden parties etc, and being shown all places of interest. The officers and men who visited London and Australia,
The principal dimeulty in this case is the The agreement between H. E. Chung Chih-construction of the agreement which may tong and the British Government provides road in two ways. According to the defendant's that the latter shall advance the sum of Tla, contention the words at Fochow or Colombe, 16,000,000 at 4 per cent interest, the loan to sto.." refer to the business carried on by thy company thus leaving the area in which
Mr Phillips said it was agreed that in the he for a term of twenty years The security defe dant is not to carry on basines undefined account books of the Association there should given is the opium reveans of Kuangtung or world-wide, while the plaintiffs contend be an entry headed Boyd, Kaye & Co, for Hanan, and Hupeh. It is also provided that that the words at Fonchow and Colombo, ecout of W. H. Boyd and C. B. Kaye." ihat half of the foreign engineers for the Hankow ele, do not relate to the business but specify accourt showed the dealings between the Canton ruilway shall be British, and in cera
Association and Boyd, Kaye & Co. Unfortan any further foreign loan is needed, Great the places at which the defendant is debarred
from competing with the plaintiffs. There is utely there were no divisible profits, relations Britain shall havn the first option of taking it.
no vilonce to show which of these construce became strained between the parties, and in There are many officials in Peking opposed to
May
1903 Mr. Boyd went to England. the agreement, and the Board of Commerce tions in the mind of the partice at the tim (Shangcu) has been ordered to arrange for the the contract was de, and grammatically (Comal then read through a number of left-rs which had passed between the parties.) From redemption of the loan earlier; while in fatare
this correspondence counsel contended that the no foreign loan is to be raised (for railważ
view of the parties are that the Association purposes)."
was their property, individually, and entirely a agreement oppoured in the Chinese [AB the
separate concern from Boyd, Kaye & Constantly speak of the warm reations they newspaper Universal Gazette, the loan
To-day it seemed that defendant came jule stated to he for lan years, and no reference was
Court hoping to prove an entirely opposite view. nude therein to the employment of British engineers, or to Britain being given a first option of Esking up a further foreign lean if soy is headed.]
Tras
either interpretation is possible.
J'he law - to contracts in restraint of trade is well eattled. A clanss in an agreement suot us that before we will be bold good or had as it is reusable unreasonable and the test of its reasonableness in whether it is necessary for the protection of the covenanteo in respect of the business which is the subject matter of the contract. Tak ng the defendant's reading as correct, I find an agreement that he will not so long as the plaintiffs-earry & their business, which may be for ever, directly or in ireetly carry on or be engaged or concerned or interested in THE IMPATIENCE OF CHINA.
cortain businesses. Now whatar-these business? II. E. Chao Fru-ban, Military Governor of To begin with the business of govera! -rchants Shengking, haz, aeroding to a telegram in and shipping and insurance and commision the N.-U. Daily News, wired to Feking to the agents, as those were the businesses carried on by the plaintiffs at Forchow, Culemba. London or following ffect:
The Japatos Military administration at elsewhere: then further the businesses carried Makdon puts oberacles in the way of them at any other place whore the plaintifs may Chinese administration, and hina should dom hereafter carry on business. As there is nothing and that the Japanese authorities be withdrawn to restrict the business they may engage in the at sace, Regarding Kinchou, Fachoo, Huick- fatare this last adds to the already o nsider. ing, and Kaiping, as well as Fort Arthar, the abla pumber of businesses from which the terms of the loas ought to be similar to those defendant is excluded nu naderfined and of the former Russian lewe, viz, for thirty years; and the Peking Government should enter into convention with Japan case-ruing the financial arrangement, and other important matters beforehand."
It is thus seen that China still feels uneasy about Manchuria. T. E. Yuan Shih-kai and Chao Erb-bsan will settle the difficulties.
THE CONSUMPTION OF TEA.
A Parliamentary ratarn ircently issued states
recaived, and the Japanese journals urged the people of Japan to reciprocate.
The authorities of the Imperial Railway at Kebe arranged to issue special welcome tickets" for offers during the visit of the squadron, which entitled ho holds to travel free betverz Kole and Kyo. For the men, two special free trains were rug usily from Kobe and Kyoto. These tins were for the exclusive use of the bla jeckess
by the Chinese themselves. There are, however, some who think that the status in quo of any railway ought to be recogeied and, if nothing untoward occur, the agreement binding the Chinese and foreigners working such line, be permitted to run its course until the agree while only these railways that have been merely meat in question cesses and determines of itself, projected should be fought for and made belong to Chinese alone. Were Chinese to try to obtain the control of all lines that have taken foreigners such infinite trouble and hardship to construct it would not only be ungrateful and dishonourable but would prevent foreign capital from entering the country. And foreign capi-
tal is still needed in China
THE GERMAN COLONIAL- TROUBLES.
www.cam
to
In East Africa the
1. GAINS.
Manageress.
(1886
JUDGE OF NATAL
SUPREME COURT
Mr. Justice Finnemore Tells of Remark-
able Cure of Distressing Eczema By. Cuticura--Grew Worse Under Pro- fessional Treatment.
OTHER SUFFERERS
CURED BY CUTICURA
"I suffered a devere attack of eczema on the scalp, face, ears, and neck, and was for several months under professional treatment, but became worse. My face was dreadfully disfigured, and upon me to try the Cutleura C nearly all my hair. My wife
lost
which I did with mast satisfactory re- aults, the disesse disappearing and my hair growing thicker and glossier than before my illness. My wife has purchased Cuticura for other sufferers, with good results in each case,Robert Isaac Flane- more Judge of the Natal Supreme Court), Pietermaritzburg, Natal."
AGONIZING ECZEMA And Itching, Burning Eruptions, with Loss of Hair, Cured by Cuticura. The Cuticura Treatment is at once agreeable, speedy, economical, and com- Bathe the affected parts prehensive, freely with hot water and Cuticura Soap, to cleanse the surface of ernats and scales, and soften the thickened cuticle. Dry, without hard rubbing, and apply Cuti- cura Ointment to allay itching, irritation, and inflammation, and soothe and heal, mind, lastly, take Cuticura Resolvent, or Pills, to cool and cleanse the blood. This treatment affords instant relief,
permita rest and sleep in the severest forms of
• eczema and other itching, burning, and scaly bumours, and points a speedy, permanent, and economical cure of tor turing, disfiguring humours, eczemas, rushes, and inflammations, from infancy to age, when all other remedies and the best physicians fail,
to
The news frora the German African colonies wrot. the Berlin correspondent of the Times on Sept. 12 continues to be depressing, although from South West Africa varicne local successes achieved by isointed detachments of the German troops are reported, insurgents in the southern part of the colony! are far from being as warlike as the South. West African Heeres and Bondelzwarts, and they are generally dispersed with greent loss! whee they encourier a bandful of the German The Chief of Police called a meeting of the
forces. The difficulty in East Africa lies in the Superintendents of Police Stations in the citywide extent of the territory uver which the and considered the mesura for the control of insurrection has spread and in the great numbers of the insurgoeie The Wangoni tribe alone jiurikisha men, sampaa and grow shop keepers,
are estimated at 3,000 mn, and the seen of etc., during the visit of the squadron, with a view to preventing the means of extortion so their exploits in between 300 and 400 miles from In fact, the whole southern section often adopted when the craws from men-of-war the cont
the colony, from the Indian Oren to LakeUTOMATIC MAUSER The Frankfurter Zeitung publishes vory] are nators.
Nyen, is deserited as being in revolt.
the situation, and observes: pessimistic articl on
Governer Hattori gavo a dinner at his official residence in honour of Admiral Sir Gerard Noel and the officers in command of the squadron, together with the British Consul, prior to an evening porty in the Kencho building.
Mr and Mrs. Kawasaki and Mr. and Mrs. Matsukata gave a garden party it honour of the officers of the squadron at Mr. Kawasaki's residenes at Nuno! iki.
PLAN FOR TRADE EXTENSION
CHINA.
Caleurs Soep. Dindment, með flu are wild fircutant the world. pot: London, 27 Chatterbose 2. Patie, e de Paix Austin, A. Town Ca Myrine Tutte Bug
-3. A., Bole Props, AF
to Cure Leng" "Mested Frei. 69-8
PISTOLS.
+
CALIBRE 7,63 m.m.
FIRING 10 SELOTS in 2 SECONDS.
NIEMSSEN &.00. 52 Hongkong, 3rd October, 1900,
THE
COLD STORAGE,
HONGKONG ICH COMPANY, LD,
now. 40,030 Cubio fest of Cold
Mr. McNeil said that defendant contended that the businesses were absolutely separate, and there was therefore no issue on that point, Mr. Phillips read further correspondence, partnership in dealing with the dissolution of the firm of Boyd, Kage & Co., and put in the dissolution of partnership dood. By it Mr. Hoyd took over all the assets and liabilities of Boyd. Kaye & Co., and there was no altusion whatever to the Wine and Spirit Aswoiation.
His Lordship asked if the Association still continned to exist.
Mr. Philips said it did, There was the anal stipulation in the dead, wheroby each of the parties retossed the other from all netions, proceedings, or claims, ate, in relation to the reeaivers of the Association it appeared that partnership. In the secounts sont in by the elastic number of trades and might well Mr. Boyd as successor to Boyd, Kaye &o.
From the financial as from the military the Association, be said to prevent the defendant from ever claimed $60,000 from
point of view the entonics constitute the weak with CHAMBER for 10 CARTRIDGES any place. This less certain goods which he had in bis doing anything again at
point of the German Empiro,, and serious would, of course, be an unreasonable restric: hands. By that chim, if suberantinted. Kaye tion, bat it is so unreasonable tat, if the clause would have to pay $30,000 to Boyd, and have
meat excluded, are entertained with regard to apprehensions, from which Kino-chan is by n yo share whatever in tho asents of the Associa will bear another construction I should besitate to adopt it as being that intended by the partios, tion which were estimated at something like
the possibilty of a great movement of the natives against the whiter." Germany, it is Now the paintiff's' construction is free from
$10,000. If that were the case was it likely
cur plained has entirely departed from the this difficulty; they sy song as wo carry on
that Kaye wanld have accepted £1.000 for his busin as you shall not carry on or be interested
abero in Boyd, Kay & Co., immediately
and bas ombarked upon what 90+ tlements," in a busin ss of the same satare al Foechow, becoming liable for $300. Kay rofnand to
IN Bismarckian programme of chartered "trading Biaroarck deprecated as colonial enterprises on Colabo or Londu, or elsewhere where we bare
agree to a proposal by Bagd that a cause should
the British med-L with garrisons, governors, Storage available at EAST POINT. Stores will and officials from the mother country." The be Open at 10 A., and 4 P.m. daily, Sunday, that in the United Kingden over 6 lb, of tea! carried on bushy es, or elsewhere when we may be insert d in the dead whereby it was agice
erry on busines. It is sufficiently wide, it that claims could be made by Boyd. Kaye &
Mr. Baruah Cerf, of San Francisco, writes result, exting to the recent troubles, has been accepted to receive and deliver perishable goods.
WM. PARLANE, Manager, against the Association and vice vrs por head of the popaleri n are coneumed yearly may or may not be good in lew, but it is not t Co
the an inter sting letter to the Secretary of Com that in 1904 thern was su expenditure of I he consumption per head is remained practi- ridiculous. The plaintiffs say "if you adopt Had he agreed to this he would have had no
Hongkong, 18th November, 1901, 155 cally stationary- daring the best five but
merce and Labour, in which he discusses the 127.052,000 marks (6,352,600) opon Lurrased by about 1 Th. per head in the presed that reading of the clause we ask you to say share in the assets. On the 5th of May, 1904.
it is severable contract and his wo are Boyd wrath to Kaye suggesting they should methods of advancing commerce in China, and lonies, while thoir total trade with Germany ing ten years. There le no other country in entitled to enforce such part of it as is good." meet to discuss the affairs of the Association, in this connection points out the necessity of amounted only to 16.272,000 ranks (£2.313,60), Europe where such a persones consumption is It was scarcely argued by the defendant's us if they went into liquidation everyone would conforming to a ages and Lecalintitios partiunt of which 35,016,000 marks (£1,752,200) repre-
of supply, the approached. As to the ourers
counsel that this is not a averable contract; iu bo let in. The first intimation the plaintiff to the Oriental character sad customs. It is cented exports-mostly war material. It is return shows that in 1884-48 the tea exported view of the caens of Mallan and May, Price bed of defendant's claim was in a letter from pointed out tha, in a country whare class feared that the future may bring with it still from Chine averaged 285 million lbs, while in
distinctions count for so mucks, and formalities graver experiences and may involve the nation 1899-1903 it everaged 196 willion lbs., a doaresse Green, it cleary is divisible. The plaintiffs Stokes and Plast dated 21st of June, 1904
His Lordship asked what was the nature of.
in still greater sacrifices without any return." of vital importance, the mistakes Bre American representatives who have sought tea to the reasonableness of the whole clause bat wy $1 per cent. Meanwhile the exports of tea accordingly say "we don't ask you to decide as from the three other producing countries have rely on the covenant not to carry on in Focchowe present netiva:
Mr. Phillips said it was to determine the Chinese merchants without proper introduction
LATEST STEAMER MOVEMENTS been almost continually increasing in the case or Colombo business such as no carry on there, of British India the exports have trebled during and it is for the defendant to show that this is nature of the accounts. They were in difficulty have been most costly, preventing Americans the last twenty years, while in the case of Gey gurasonable." What are the facts? Thever the receiver's report and had therefore from meeting the representatives of responsible Chinese firms. The employment of irrespon
a The P.M. str. Manchuria will leave Yoko len the export, which is now nearly 150 millions, defendant joins in selling the goodwill of a Mr. McNeil said he thought he had better sible and low-class interpreters has result wes in 1884 only two millions of pounds. In business and becomes the manager of the explain what was really the issue. Here were in much injury. As a result of his own 1884 the value of the to landed in England
Therext German wait str. Sachsen bas passed American averaged lid. per lb., in 1904 it averaged company to whom that business is sobi. It is
a business of wide scope and is carried on at the two persons in the Wine and Spirit Association experience, Mr. Corf declares that there is banm ou the 17th inst, and will be due to arrive about 71d. The value of the tea imported from two important sea ports of Foqchow and Colom as parters, and alss partners in the business of urgent Recessity for providing permanent her on the German
Boyd, Kaya & Co. Under the dissolution agree headquarters in China where 1904 it was 7-30d. The valno of that importadbo, it is a business which must require « largement Boyd took over the assets. What counsel British India was in 1884 14124. per H.; in
be properly and promptly directed as to modes here on the 1st Nov. (boat 5 days infe).
The I.G.M. str. Zielen loft Koba ria Nage- from Ceylon was 17-268: por lb. in 1881; in 1904 amount of correspondence, and the defendant. was to ask bis Lordship to say was that the busi. Tepresentatives can obtain full information and Suez Caurel on the 8th Oct., and may be expected
prelimis- it was Std. Chiness tea in 1834 averaged business is in a position of great confidence both near of the Wine and Spirit Association was the of provednre. With this idea in view, Mr. Cerfi and Shanghai on Sunday, the 15th inst.,
business of W, H. Baydand C.B Kayens individ writes that he has arranged in China It thus with his employers and their correspondents.uals, W.A. Boyd &Co, were sirccessors to Boyd, aries for establishing a permanent exhibition 17., and may be expected here on Tuesday, the
Can the defendant show that a covenant
The LG.M. str. Bayern, which left bera on for the distribution restraining him from entering into competition Kaye & Co. 1f os & matter of fact the anus due at Shangbui, which shalt not only be au exhibit, 24th inst
from the Wine and Spirit Assosiation was due but an active agency points, the absoluto decline has been greatest in with his employers at the place where they to Kaye and Bord there would be nothing to of information for the bereit of American Wednesday at noon, arrived at Singapore un
Mr. Cerf points out that by con- Sunday at 2 p.m.
The IG.M. str. Preussen, which left here on earry on business is ressonable? On the contrary I think his onoduct is calculated to pay. Defendant said the firms of Boyd, Kaye Commeres.
& Co., and the Wine and Spirit Association contration on these lines manufacturers, mer.
Starday stp.m.
of
10:59d. in 1904 it averaged 7·16d.
укаты,
appears that while the average value of tea from all these searess has declined to almost the game
the ease of Ceylon, and least in the case of Chinu teo.
who was first vendor and then manager of this
como into Court.
seriously injure the plaintiffs in their enjoyment were entirely separate concerns. The details chants, and exporters would be able to display the 13th Sept, at noon, arrived at: Genos en
Charity is no longer a virtue in England, it is a necessity. Did pororty not exist in this with which he has contracted not to compute; did not owe this money to Boyd, Kays & Co., country it would have to be invented, for it is this covenant is reasonable and is therefore Boyd had to pay it. the pour here that now easble the ambitious enforceable.
C. B. Kaye, aworu, gave the evidence outlined among us, in politics, "socioty," or trade, to
by Mr. Phillips and in atdition said he was now partner in Kaye, Jervis & Co. improve their position-Truth."
The case was proceeding when the mail left.
Now we have two constructions, one offered by the defendant, which if it is not absurd, is such as to render the covenant void; another offered
eating to Chinese merchants, and that the small expense would allow any manufacturer to introduce his goods in Chinese markets, whereas ander present methods the expense is so heavy as to be almost prohibitive,
The C.PR str. Athenian arrived at Shangbai at none on Saturday, the 14th inat., and left again at 13 s.m, on Sunday for Hongkong, and The str. Indrani, from New York, loft Bing- is das here on Wednesday, the 18th inst pors oв Sanday, the 15th inst. at 8 am
CARTRIDGES.
FORE ALWAYS FRESH NLEY'S, SCHULTZE'S, AMBERITE SPORTING and KYNOCK'S UAKTRIDGES 8, 10, 12, 16, and 20 BORE, and NEWCASTLE CHILLED SHOT in all Bizes, Noe. 10 to 8880. AIR GUNS and AMMUNITION in Variety.
WM-SCHMIDT & CO. Hongkong. 28th November, 1902
IMPORTED EVERY MONTH, THERE-
2349
DR. NEWELL WILSON, DENTIST.
Latest American Methods. Lessonable Fees,
No charge for examinations. Ollos hours 9 A,. to 5′′P.M.
No. 2, PEDDER STREET (next to the
entrance to the Hongkong Hotel), General Fost Offico and opposite to the side
Hongkong, July 5th, 1905,
1370