Page
INTIMATION
THE HONGKONG DAILY PRESS, THURSDAY, DECEMBER 24rm, 1908.
the birthday of the sun, when that lamin- ary, returning from the south, seemed to be restored to the world, the transition was suggested to the celebration of the birth of Him who is the light and life of the world.” Eo much for the connection between the Chiasse "Christmas" and our own. As to the pleasures we associate with the season, it
A. S. WATSON & CO., will astonish many who are fond of mince
LIMITED.
ESTABLISHED A.D. 1841.
CHRISTMAS
PRESENTS
HIGH-CLASS CONFECTIONERY.
our
NEW
We have just unpacked SEASON'S CONFECTIONERY imported and from the leading London, Parisian
American Houses.
CADBURY'S CHOCOLATES.
IN FANCY BOXES: CHOCOLATE ALMONDS, CHOCO. CHOCOLATE
LATE -WALNUTS.
MINT
And others, in Great Variety.
TELEGRAMS.
["DAILY, PRESS" EXOLUSIVE SERVICE]
HOLLAND'S NEW HOPE.
LONDON, December 23rd. It is announced that Queen Wil pies to know that it used to be regarded helmina is again enceinte. in England as a point of orthodoxy to
partake of a mince pie because "this delect HOLLAND AND VENEZUELA. able dish was regarded with peculiar aver- sion by the Puritans." All the favourite pastimes which we associata, with the. festival, such as music and dancing, dipping for nuts and apples, blind-man's-buff, and all the rest, were also regarded with the
utmost horror" by the Puritans, "who oursed them with a wrath that was at best fanatical." It must therefore be a relief to all small boys and girls to know that the Puritius have ceased from troubling and that the plum pudding and in no danger of the mince pie are disappearing from the Christmas mena. Also that Father Christmas is still alive to pay his annual visit even to boys and girle in Hongkong and China coast ports. This has been described as an age child-worship
A SETTLEMENT PROBABLE.
LONDON, December 23rd, A new Cabinet has been formed in Venezuela and President Castro's credit has been stopped.
His supporters have been arrested and a settlement with Holland is probable.
(REUTER'S BEDVICE.] GERMANT IN THE FAR EAST.
LONDON, December 21st,
It is stated in St. Petersburg that
A TRIP NORTH.
FA HONGKONG GENTLEMAN'S IMPRESSIONS.
Since the momentous events of last month more than ordinary attention has been directed to Feking and the North of China and the Impressions of such an soute observer as Mr Lan Chn Pak, who has just returned from a trip in the North, will no doubt be read with interest. especially as they indicate that the rumoured unrest in thist part of the country has not found expression. His conclusions are entirely differ ent. He found the country peaceful, the people contented, and, though trade everywhere was had, the outlook was not without hope. But it is perhaps better to give his own words:-
Yes, it certainly was an interesting trip. I passed through 105 towns and villages, and, of course, I saw a great deal of my fellow country- mou. Speaking generally, there can be no doubt that the introduction of railways has effected a great improvement in the country
The people have perhaps unconsciously under.
they once were.
change, but a change that is nevertheless apparent. They have grown accustomed to foreigners, they are not so shy of them as Of course, they have munk to learn yet, but the enlightenment which has been offected is undoubtedly a tribute to the educational influence of the locomotive.
SUPREME COURT.
Wednesday, 23rd December.
IN ORIGINAL JURISDICTION. BEYORE THE CHIEF JUSTICE (SIR
F. PIGGOTT).
¡ form of deeds; an agreement zelting out the obligations, and a mortgage in which the ful Alment of the obligations is made the condition of redemption. The additional security by way of cash deposit does not add much to the com plexity of the matter. Instead of this, how- ever, some of the terms of the arrangement between the compraders and the firm are em The Chief Justice delivered his reserved bodied in the agreement, and some are made decision in the notion in which 9. J. David and conditions of redemption Company, merchants, ened Chan Ut Chai, a mente are linked together by a series of cross- compradore formerly in their employ, for the referoness. It would unduly complicate this recovery of 8648,816, the amount of damages due judgment if I were to refer to any other term under agreement. Defendant counterclaimed of the arrangement than the one with which for the return of his semurity 355,000 alleging this action is directly concerned. The mortgage,
A COMPRADORE'S LIABILITY,
that he had falliod the terms of his contract.
Hon. Mr. H. E. Pollock, K.C., instructed by Mr. Jackson (of Messrs Johnson, Stokes and Master) appeared for the plaintiffs, while defen dant was represented by Sir Henry Berkeley, K.C., instructed by Mr. J. Scott (of Messrs Ewons and Harston),
the two down-
signs certain property to the mortgagee with the following, among other, provisos for redemption:
If the compradore shalt on demand pay to the firm any deficiency in the price of goods sold by the firm in connexion with contracts made by the firm with Chinese buyers whether inch lost is incurred by breach of contract or otherwise.
If the compradore shall on demand pay certain other moneys in certain other eventualities which do not concern us in this action.
His Lordship said-Messrs. David & Co. ara saing Chan Ut Chin, the late compradors of the firm, for losses incurred by them in their dealings with Chinese customers which, it is alleged, ware guaranteed by the defendant. Before coming to the real question involved in this case there are a fow preliminary questions mortgagor. which must be disposed of.
Then in these events but in these events only the mortgages will re-assign the premises to the
an age when the child is the centre of Germany ha decided to cease sending lacking, and things are left too much to the boys possible, I think if my judgment in Chan Ki's been assessed. There is no personal covenant to
troops to the Far East by sea and bas to utilise the arranged with Boasin
Siberian railway.
BRITISH TRADE MARKS IN JAPAN.
attention for many, if not indeed, all classes DE LA REINE, VIENNA CHOCOLATE of the community, and has a place in public and privats life, unknown and undreamt of by parents and children of any fifty years ago. We can realise this at Christ. FULLER'S CONFECTIONERY. was better thau at any other time of the year for the windows of the stops speak
LONDON, December 21st. COCOANUT TAFFY, ALMOND
In reply to a complaint from the Birm- TAFFY, CREME APRICOTS, SUCRE eloquently enough of this sai timent of the DE LA CREME CARAMELS, PEPPER-age, as also of many other changed aspects ingham Chamber of Commerce concerning LUMPS, MARSHMALLOW of the observance of Christmas, Not only the piracy of trademarks in Japan, Bir has none of the "old honour" of Christmas Edward Grey said that the situation was departed, but the development of rapid largely due to the failure of foreigners to communications in the last half century take proper action to wcure their rights, or so bare brought about the growth and he recon ended trailers to appoint a of customs which serve to make the
common agent in Tokyo to watch their WALNUT | festival more honoured than ever before. interests.
instance, CARAMELS, Take the Christmas Card as
How many millions of those cards are now seld every year? They must indeed run into many millions in the Fuglish-speaking: countries alone. Yet it was not before 1862
BALLS, &c., do, to.
PASCALL'S FRENCH
CONFECTIONERY. NOUGAT, NATTONA, TOFFEE, FONDANTS,
&o. o., do.
TOM SMITH'S CRACKERS.
LIMITED
ALEXANDRA BUILDINGS AND KOWLOON DISPENSARY. Hongkong, 24th December, 1908.
[29
TO CORRESPONDENTS.
NOTICE unications relating to the news
solum should be addressed to THE EDITOR.
addresses with communicatione addressed to the
which has rendered the print ng of these highly finished productions possible, which has cheapened postal communications, and has through each and all of these means Editor, not for publication but as evidence of strengthened the old associations of Christ- good faith
mes, which is essentially a festival of the home, and is therefore likely to remain for ever as it was in the rays of SHAKES FEARE, a time "so ha'low'd and so gracious."
All letters for publication stauld be written on one side of paper only.
PROROGATION OF PARLIAMENT.
a view of assisting China to eradicate the
opium trade with the Empire.
The line from Hankow to Peking passes through 73 stations, Candidly I was not im- pressed by the line. There is plenty of room for improvement in the direction of comforts for travellers. General supervision 'seems to be or curetakers of the different carriages. If you don't tip them sufficiently you cannot even get water. You are expected to pay a dollar or more for a pot of tea and a few melon seeds. The coolies who carry the luggage are also a nuisance: like those elsewhere they ask more than they are entitled to but as you are practically at their merey you have to accede to their demands. On the Shanghai to Nanking Railway and on the Tientsia to Peking railway the conditions are much better, both as regards service and com- forts. Shanghai is, of course, the best. There you can get what you want, and you are not put to all sorts of inconveniences if you do not comply with extortionate demands. At Peking after you pay the coolis hire to the head men you are met with a request for an extra payment which, it is explained, is intended as a contribution to a certain hospital but whether it exists or not you have no means of knowing. The traveller is also subjected to most vexations delays in the capital. I was detained fully two hours on account of the difficulties with coolies and also the striot search of the luggage made by the underlings.
Peking itself is perfectly calm, both in the commercial and political worlds there being no such occurrences as were rumoured in the South, Everybody is in his old position and the Regent seems fair and reasonable. In matters of State he yields to Prince Ching on account of his seniority.
to be re-argued in, whether this stipulation in
There is a power of sals on" giving one It was argued that the liability of the defox-month's notice of the above demands; also a dant flowed from the nature of the arrange covenant by the mortgagor, in the event of the ment between the parties, and that it was im- ported in the word "compradore" itself. As property depreciating in value, to pay the dif- ference between $45,000 and $55,000, at which value the property mortgaged had apparently at present advised, I do not think this is
case (which was referred to in support of the argument) is read as it was intended, it will be pay the deficiency above alluded to. But there found that I carefully guarded myself from is a reference to an agreement already preparedk using words from which such an inference could to be signed immediately after the execution of be gathered. The atmost that the Court can the mortgage, which appears as part of the com- nesume to know is that the compradore guaran.sideration for the mortgage, the other part being tees Chinese enstomers; but what I said showed the compliance by the plaintiff firm with the re- clearly that the extent of his suretyship must quest of the defendant to employ him se compra- be derived from the documents in which the dore. The agreement of even date recites themort agreement is drawn up; and I must now add gage and that in order to further provide tho (subject to what I shall say presently on this security the defendant had deposited the sum of point) na also the remedies agreed upon for 855,000 to be held by the firm on the conditions enforcing the obligation of the security. But appearing in the agreement. By this agreement even had I gone further, I could not hold the compradore is engaged for three years. myself bound by what I may have said in a Paragraph 8 is the important clause: it provides, former case on a point which was not argued in so far as it is inaterial to the present sotion in that case, even though what I said was a follows:-The $55,000 is to be held by the material, and not obiter. A good deal of firm se part security for the due payment of all the the compradore under and by virtue of the stress was laid on the fact that there had moneys for the time being owing to the firm by
an admission of liability on been part of the defendant, in a declaration made recited mortgage or of the agreement, and by him in support of his petition to be all such moneys may be retained out of adjudged bankrupt, on which petition the the 355,000; but notwithstanding this the Court made no order. I laid down in Wong Ke compradore shall be responsible for and Buch money. Choong's case that the utmost length to which make good to the firm all LONDON, December 21st. Parliament is prorogued, The King's
the law goes to the way of holding a tan bound as aforesaid whether the same shall or shell... that the first Christmas Card was issued y speech says that relations with Foreign
hy what he has asserted to be a fact when it is not exceed in amount the value of proceeds of A. S. WATSON & CO. | London firm. The first cards bore pictures Powers continue friendly. Several import
not a fact, is in the doctrine of setoppel; if it sale of the premises mortgaged by the recito of robins, bolly &c., and were very molestant agreements have been concluded tending
des not fall within that doctrine, that is to say, mortgage and the said $55,000. The words " all it no one has acted on the assertion to his such moneys as aforesaid " mean all moneys das productions indeed compared with the to the consolidation of peace, and there is
prejudice, he may show that it is not a fact. under the mortgage or the agreement. As I In this case, believing himself to be liable for have sald the mortgage contains no personal room to hope that wise conciliatory highly artistic cards which are placed on
The management of the Tientsin-Peking the losses incurred by the firm, he made the covenant to pay the amount of the lastes the market in such enormous quantities councels will prevail in the Balkans, and
that an amicable settlement will be reached railway has satisfactory results. The carriages statement in the abortive bankruptcy proceed incurred by the firm in their dealings with to-day. The inventive genius of the age with the consent of the signatories of the are better than on the other railways and ings. He has since been advised that he is Chinese oustomers; and the question which Berlin Treaty. Commissioners have been the attention greater. There are also good com- not liable in law is he to be debarred from somewhat perplexed me, and which I directed portable waiting rooms, The Hankow Railway asking the Court to determine the question o appointed to attend an internațional opium seems to be entirely under the control law? Surely not! But in trath the admission the agreement can be treated as of the same conference in Shanghai to suggest measures of the Chinese clerical staff. The country in this case was only insisted on with the object effect se, and as if it were in fact the Correspondents must forward their names and made rapid travelling by railway possible, for the gradual suppression of op um, with crossed by the line is flat, but the soil is of making the defendant begin. I think thore personal covenant of the mortgage intro- rich and every bit of ground is under onltivation is no warrant for this contention; but, as the case daeed into the agrooment. It struck me and The appearance of the people is not vory has developed itself it seems clear that there is still strikes me as curious that this point not taken originally and the case bright but still they seem contented essentially a legal question only involved, and so was
case was put in. The trafo on the Yangteze is tremendous, long as I can get at the true law which ought to rested on it: but the The boats are always full of passengers, decide the question I do not much cars who the following way: this reference in the agree and, no doubt, competition is very keen. begins. The admission has, however, a bearing ment to payment of money owing under the As far as I could see perfect peace reigns on the case which I think it, advisable to refer to, mortgage has this effect--that what is stated in throughout the country. Business is bad every-although it was not, I think, pat forward in at the mortgage becomes evidence of the obligations where and Hongkong is no worse than the gument. Does not this admission show what which the defendant has taken upon himself as was the real intention of the parties? I must compradors; it prevents him from saying that sister ports.
What impressed me with regard to Tientsin confess that this question troubles me a little he is not responsible for any matters which are was that the Chinese part was quite Europeants Can I give judgment against what is the I will not set out in the mortgage. He cannot contend ed. The roads are well made well policed, assume, clear intention of the parties. I do not that these things which are included in the
trama, and
carriages and zicshing run think that there is any rule of law, however, redemption clause are not part of the duties or obligations. After hearing the argement I am everywhere. Houses in the European style which requires a Court to enforce the intentio
disposed to think that the plaintiffs case cannot are being rapidly run up, mostly for the of the parties, assuming it to be ascertaine Cantonese holding official positions or trading aliunde, contrary to the meaning of the words be put in any other than this ingenious way. there. The shops owned by Chinese seem to be as rised in the agreement. The law requires On behalf of the defendant it was contended leaving the foreign settlement and grouping the Court to seek the intention of the parties that, although the two documents were to together in the Chinese city. There can be no from the words they have to express that ixten be read together, yet the express references At the Magistracy yesterday a Chinese named doubt that. Tientsin is progressive and that it tion, and I think I am right in saying that, to in the agreement to the mortgage cannot Lau Fang was placed in the lock charged with will become an important trading centre. The take an extreme case, even if a man knew that be ignored, and that these are really dis the murder of Jewar Singh, an Indian watchman, British settlement, is very large and appears to certain liabilities were intended to be under junctive and not conjunctive. at Shatin and also with being in possession of an
me to be the best kept of all.
taken by him when he signed the agreement result of this is that clause 8 of the agres- in question, yet if he finds that the agreement ment is no more than an agreement to be offensive weapon a hammer, and farther with being concerned with other persons not in casis
as signed does not impose that liability on him, responsible for the moneys owing under the tody in robbing deceased of $250 and robbing work.
be is not bound, there being, of course, no mortgage. which brings us back to the paint. another Indian of 85 and a silver watch. Que feature of rural life which struck me was mala fides on his part.
from which we started. This contention then These matters disposed of, it is clear that the takes this form; that the soly way in which observing the Winter Solstice-R festival after making a pleasant stay of just a month Another charge against him was wounding the the variety of animals used in ploughing the
other Indian,
fetis. In one place I saw a donkey, a hillock action must rest on express agresment; and in the moneys owing under a mortgage can be and a horse harnessed to the one plough. In order to prove this two documents were put in asortained is by foreclosure: and as there is no another place I saw a more primitive arrange-of even date, 30th January 1902. A mortgage covenant to pay the losses incurred by the firm. mònt. A man and his wife were tilling the of certain leasehold property by the defendant the remedy is limited to foreclosure, and there soil. The man dug a spads in the ground and to Mr. A. J. David, whom. for convenience I is no liability beyond the actual security taken. the woman pulled it by means of the rope will describe as mortgages on behalf of the firm As it is important to emptinsise the real issue attached to the spade. In this way they David & Co.. and an agreement between the raised by the defendant I will smplify this cou laboriously turned up the spil
...deferidant and the firm, by which an amount of teation: it is not merely that as the action Altogether my trip was most interesting and $55,000 was deposited by way of further securion rerence in the agreement on a condition instructive. It gave me an opportunity of ty with regard to the mortgage, the form of it of the sight of redemption, the proper form of the seeing what the Chinese are doing in the North one of the partners being the mortgagee and action is foreclosure instead of an action on the
country is peaceful. Detectives are all over the liar in order, however, that no technicality agreement says that the compradore agrees to place, looking out for suspicious characters.' should stand in the way of the determination pay what is for the time found owing under the Chinese dressed in European clotshing receive of the actual rights of the parties I suggested mortgage, therefore the mortgage procedure fo2 much attention from there, men..
that Mr. A.J. David should be added as plain finding out what is das under the mortgage tiff in the action. This seems to mas to be must be adopted. It goes much further: it is at least advisable, as although the agreement that this part of the agreement is practically.
the document sued on, the mortgage lies at less as a claus importing of itself any the bottom of the action by reason of the cross precise obligation; that nothing can be found "Diana of Dobson's," with its social satire, references between the two documents. Now owing under the mortgage as there is no was the attraction provided by the Bandmann with regard to the method by which the agrees personal coronant, but that the result of It is omedy Company, last night. A good house rent has been effected, I am bound to say that I to leave the remedies under the mortgage enjoyed the production which was up to the high cannot see the recessity for this complicated procisely as they are to be found in the mort- standard established this season. Miss Florence piece of conveyancing, for it seems to carry out gage: that is to say that if this condition Hamer took the part of the enterprising Diana what I will assume to be clear by what is very for redemption is not complied with, the
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-DEATH.
At Manila, on the 23rd inst., suddenly, WALTER EDWARD HUSTUT, aged 81, con of sir. and Mrs. H. T. hungit, Parkside, Kowloon.
HONGKONG OFFICE: 10A, DES YEUX ROAD C LONDON OFFICE: 131, FLEST STREET. EC
The Daily Press.
HONGKONG, DECEMBER 24TH, 1908.
:
Last night Ye Yuletide Quartette (male voices) were waiting upon residents at the Peak, the object' they had in view boing to obtain contrība. tions towards the Cathedral Organ Fund and the National Children's Home, London.
Yesterday a burglary at the married military quarters just off Kennedy Road was reported to the polica. The robber had gained admission to the house by breaking a pane" of glass in a door and opening the door. He got off with $30.
Mr. William Thompson, chief engineer of the Pacifo Mail steamer Asia, died of dysentery while at ses on November 24th and was interred at Tekohamd on the ship's arrival there on the 14th inst. The ship was disinfected soon after arrival in pork
Dr. Sven Hedin left Japan on the 13th inst
THE people of China bave just been
in the country. The Emperor of Japan which the English-speaking bouse-boy of conferred upon him the First Class Ordor Hongkong usually interprets as "the Chi- of Merit. Dr. Hedin intended to stay three. nese Christmas." It is an interesting days in Seoul and expected to be home by interpretation, and there is more in it January 15th.
FIRE AT LAICHIKOK..
Early yesterday morning fire broke out in a workshed near the oil tanks at Laichikok and quickly spread to adjoining matsheds. The iniluumable material rapidly burned and the conflagration was at its height when the Fire Brigade arrived under Mr. Orme. The fire was prevented from spreading farther. The damage is not vary considerable,
THE NEW TERRITORY
TRAGEDY.
HIGH EDUCATION IN EUROPE.
According to the latest returns, says 'an than is probably dreamt of in the philosophy The Hon Mr. H. C. Nicolle (formerly exchange, higher education in Europe seems to of the hou-o-boy. The festival of the Government auditor of Hongkong) was still in be no upon the boom than ever, which may The doubuess be gratefully attributed to the Nativity was not always celebrated by the hospital at Colombo a fortnight ago.
various forms of the modern University. Ex- Christain Church. During the first three nature of his illness is enteric fever and the tension ravvement which have of late years latest newspapers state that the patient's pro- been so successfully adopted by the vasions
expected"
University statistics for the year 1907 are given as under
*No. of Univer. Stu.
sitios. dents.
centuries the Christians followed the or.
In Feking you see well made roads, and what mers, you will see steam rollers constantly at
And the
dinary methods of reckoning time whink Bress "is almost as satisfactory as can be nationis, ach after its own fashion. The and it showed beyond doubt that the state of the not the firm-I'must confess seems to be peca- agreement. It is not merely that because the
prevailed among those around them, ind it
The Portuguese gunboat Patria, was at was not till the fourth cantory that the Colombo on the 7th inst bound for Macao. Sha church fixed upon the twenty-fifth day of is described as boing about fifteen years old, and Decomber for the commemoration of the is lightly armed, the number of guns being ten day of the Nativity. Different causes have four 4-in. guns and six 18-in. guns. Her dimen- been assigned for the choice of this date, and sions are as follows:-Displacement 520 tons. length 1963 feet; boam 271 feat: dranght 81 there are among the old riters these who feet. Her maximum speed is 15 knots per hour opiae that the festivities connected with the celebration of Christmas were intended to anske up for the Saturvali, conformably to
His Honour the Chief Justice gesterilay delivered his reserved judgment in the original action in which 8. J. David & Co. sued Chan
Country.
Germany France... Austria-Hungary "England
Italy Russia
Speia
Switzerland', Belgium
Sweden... Rozmazia Holland...
21- 49,000
16 32,000
· 11·
30,000
15
25,000
24,000
23,000
6,500 5,000
5,000
5,000 4,000
The smaller countries-Greece, Norway, Por:
BANDMANN COMEDY
COMPANY. .......
the practice which had been acted upout Chiu, late compradore of the firm, for losses from an earlier period, of smoothing incurred by them in their dealings with Chinese tagal, Denmark, and Servia-have each one whose ambitions and a stroke of luck carried her manifestly obscure, Clarum per, obscurum remedy and the only remedy is provided by the way for the conversion of the heathen oustomers which, it was alleged, were guaranteed university. Thus it will be seen that, passing into the sexiety and the life which she wished, The plaintiff's case is that the compradore the mortgage itself, which is foreclosure; by presenting their idolatrous ceremonies by the defendant, and in the counterclaim by the over the smaller countries altogether, there are while Mr. Thomas Sydney earned applause as the was to undertake curtain obligations, and and that therefore the remedy in the absence under a new form. And que writer says latter for the return of $55,000 security. His established in the cause of higher education, in successful business man, Sir Jabes Grindlay, he was to give certain security by way of of express covenant to pay the actual amount There seems to be. no very of the losses is limited to the amount of the “there is not wanting reason to suppose that Hervar found for the defendant with costs on Europe in all 23 universities having a yearly
the claim, and for his counterclaim The fall attendance of students numbering 220,500 in and Mr. Douglas Vigors did extremely well as mortgage.
round figures
the Hon. Victor Brotherten. from the Winter Solstice being observed as test of the decision appears in another column.
great diflculty in devising the necessary security taken. The cases and books to brow