Page
SUPREME COURT.
Tuesday, 28th March.
IN ORIGINAL JURISDICTION.
BEFORE THE CHIEF JUSTICE (SIR FRANCIS. PIGGOTT),
THE PARTY WALL CASE.
The action in which Wong Sai Ying and Chin Song sued Wong Tseung Ko to re. dover $1,580.53, being half the cost of rebuilding a party wall, was again before the Court for the discussion of certain points as to the liability of a third party.
Mr. Eldon Potter instructed by Mr. Ho (of Mr. Leo d' Almuda's office), appeared for the plaintiffs, and the defendant was represented by Mr. M. W. Blads, K. U., instructed by Mr. Day- idson (of Messrs. Hastings & Hastings).
Mr. Potter contended that the owner of 272 was entitled to pull down the party wall, and he had pulled it down. That was what caused the damage...
His Lordship-Ho is not ontitled to disregard the rights of 270. Whatever he does, the rights of 270 in that party wall can never þe igaorod,
Mr. Potter-If there is any support then the owner of 272 must be liablo kecause he is în fact pulling down the house which is supporting 268.
His Lordship-No. He might be liable on quito another ground. He might be liable for negligence under the law governing adjoining
owners...
Mr. Potter-I agree, and I say farthermore that is the only liability imposed by law on the owner of 270, if in fact this party wall has been pulled down by him. Your Lordship sees you are imposing a greater liability on the owner of 270, although he cannot prevent that party wall being pulled down by the owner of 272.
His Lordship-Yes, he cau There is a daty on 270. His rights are interfered with when 278 touches that party wall. So far as 258 is concerned it is his duty to see that that work is doto properly.
Mr. Potter-With respect, I submit there is. no authority for such a proposition.
His Lordship-If the right of support means.
anything the dght of adjoining owners--it
means that.
Mr. Potier-Thern is no authority for such à proposition in law. I have not boonsble to find any authority which supports such a pro position. The authorities are altogether against the right of support having been acquired at all. It is an insuperable objection that the defendant
THE HONGKONG DAILY PRESS, WEDNESDAY, MARCH 29ra, 1911.
His Lordship-Tea Ho has clearly spoiled the dress. There has been a mistake in copy- ing the measurements.
Mr. Wilson-We will call the toki who copied the measurementa:::
His Lordship-It is her material. You can- ́n't charge for that.
Mr. Wilson-She has the dress and can wear it. He received certain instructions which he had carried out. The lady might have changed her mind or the fashion may have changed.
The action against the second defendant was then taken.
CANTON.
(FROM OUR OWN CORRABFOSDENT.)
March 21.
SHIPPING NOTES.
The Great Northera 8.9. Co.'s steamer Min- nesota went into dook at Nagasaki recently to haven new tail shaft installed. This work was
to be finished by the 23rd fast.
THE VICEROY AND FOREIGNERS. H.E. Chang, who is a very enlightened man is doing his best to remove that spirit of suspicion and ill-feeling which is so prevalent among the natives towards foreigners, Daring minior House of Commons that he will more a
Sie Wilfeld Laurier has stated in the Do. his brief term of office he has paid many official resolution anthorising the Governor-General in calls, in Bhameen, and on the 23rd instaut the Council, on or after the 7th day of April of this His Lordship-I think I will dedust $7.
foreign Consale and leading men were entertain year, to grant a subsidy to a steamship service Judgment was entered for the plaintif fored by bim at the Military Bureau. It is als 6 tween the ports on the Pacific coast of Caunds the amount of the claim less $7.
reported that the Viceroy is about to send and China and Japan for such a period of time deputies to Hongkong to invito II.5. the Govoras may be deemed expedient, but not to exceed. nor to visit Canton These broad-minded £5,000 sterling paranta. proceedings are not favourably received in several places, and while H. was visiting Shameen a few days ago I overheard two silk gowned Chiness dezoribing the Viceroy's friend linces to foreigners in terras that are not fit for print. HE, however, does not appear to be man who is likely to be moved from his purpos, by the ignorance or fanaticism of a section of the community, and for his endeavours to break down this barrier of suspicion and mistrust H.E, is worthy of the highest praise,
Mr. Wilson said the claim was identical.. His Lordship (to defendant)-What is the matter with this dress !
Defendant-There is no fault. He did not
come to fix it.
His Lordship-He has not trial it on ? Defendant-He never sand and I asked bim. Mr. Wilson-Ho has done all he possibly can His Lordship-Do you admit this claim for $26 P
Defendant-It is $16.
His Lordship-Do you want him to try it on P Defendant If lie fits me '1 will pay him.
After heating both parties, his Lordship gave judgment for the plaintif
COMPANY MEETING,
THE CHINA BORNEO CO., LTD. The eighth ordinary yearly meeting of share. holders in this Company was hold at the Company's office, St. George's Buildiage, at 12.15 p.m. yesterday. Mr. J. W. C. Bonnar resided, others prosent befag: Sir Paul Chater, on. Mr. E. Osborne, Mr. S. W. J. Darby (Consulting Committee), Mr. W. D. Jupp (local manager); Masars. A. O. Lang, A. Denison, C. G. Mackis, F. M. Crawford, a. G. M. da Silva, D. Clack, K. Sayes, A. E. Griffa, E Raymond, H. W. B. Kennett and Dr. Fitzwilliams.
!
TO ABOLISH THE BUND. BUREAU, . Band Bureau and the Frovincial Paper Bureau Last year the question of: the abolition of the
was raised in the Deliberative Conueil It w then said that both these Barosux were useless, and that money was being lost in the Paper Vareau. At the time no settlement could be arrived at and the watter was postponed for farther discussion. It has now been definitely settled that the Bureaur shall remain in exia tobce for two reasons: first, the charges of uselessness and loss have not been thoroughly
established; secondly, that they are the o ly two
basiness concerns : directors,
Phot
A manager, writing to the Times says ?--- Your articles on the subject of steamship management in the Financial, Commercial and Shipping Section sould prove of the greatest capital invested in and the vitally national in IT public service and interest. The enormous
portance of the trado bave long called for serious consideration of, and offactual checks on the abuses a long practised with impunity, of the last seven years of raitous toeses with
It is common knowledge that the main cause
steamy.
The main
open
to
cargo stenpore has been over-building of
bag been the wide field for illicit profits of this over-building
mausging owners, and the dvantage taken of it. Now, it asema to me, the may to tackle the evil in to note tho bad practices and then find the best way of putting a stop to them, which seems to be tha. line taken in your articles,
Messrs. helchers & Coinform us that the Im pezial Gorman Mail steamer Goeben, which on her way out to the Far East struck a rock hear she will not come out to the East at all. The of San Remo, bas bad to be repaired at Genon aud
Norddeutscher Lloyd have consequently arrang- ed to send the I. G. M. 8.8. Gneisen out as substitute steamer, leaving Bremen on the 29th of March and Gente probably on the 10th of April, ¿e, about 18 days later than the Gochen should have loft.
Considerable interest attaches to the wreck of the steamer Palatina from Tamps, bound for Kobe, through striking neknown obstacles | thirty miles westward of East London. The Palatina has been beached and the crew saved. The Palatina does not find a place in the latest copy of Lloyd's Register. The steamer referred to is probably the Palatiniu, owned by the Manchester and Salford Steamship Company,
Ltd.; Mossrs. Sivewright, Bacon & Company, under entirely official managers. The Palatinia was built in 1899 and flew the British flag. She has a grose tourage of 3,820 tons.
RUN ON A BANE.
One of the most reputable banks in this city. is that known as "Yo Sin Ynen." On the 22nd
Ginst. a wire was received to the effoot that the
The Secretary road the notice oanvening the Shanghai: branch of this establishment had modelled steel twin-screw staamer built to the
moeting,
The CHAIRMAN ssid: The report and secounts have been in your bande for some days and with your permission we will take them as read. I am pleased to say that the results compare favourably with those of the previous your, and they have cabled us to recommend the payment of a dividend at the rate of $1.00 per share, as against 60 senta
gono bankrupt. As soon as the tidings bo came known here there was an immediata rush for the withdrawal of deposits. As the matter was becoming serious the manager went at once to goloit aid from the Provincial Treasurer This officer at once advised the closing of the bank and issued notices to the effort that no but that no payments will be made or deposits one need be alarmed as the banir la quite solvent
taken for the next few days nutil the Bank's of the Shanghai Bank was owing to the fast Bank of Communications and that this ano that it held a large am belonging to the
of Hongkong have just completed a fingly The Taikoo Dockyard and Bogineering Co
order of the United States Army Quarter. master's. Department. The vessel is named the Miley and is 140 feet beam and 13 feet bin. moulded depth, and has boon built equal to Society Triple expansion engines of the
the highest classifention of Lloyd builders' own make, and two boilers, oupable of been fitted. driving the vessel at a speed of 12 knots, have
Alley and MsLellan's paten
"
the weak nel vicious spots :-- As an experienced hand fecan give you a tow
1 Erokless prodit given by bankers and ship- baillers.
2.Ignoranco and lack of prapor training for this most technical business of a great number of the maungore,
3 Managers paying fictitious dividends to deluds akareholders and attract the capital of anwary investors.
4 Neglect of managers to set aside the necessary annual sams for depreciation from earnings.
5. Payment of managers by commission on gross earninga.
6. Neglecting to provide for the upkeep of ships in order to show profits
7. Using their hips for their private freight contracts, and to secure reciprocal commissions for the manager's benefit.
8. Managers taking commissions on ships. stores, coals, repair bills, freights, Mo.
9. Trading Steamere at a loss in order to provide commissions.
Those abuses want stamping out, otherwise the present improvement in the trade will only too quickly be counteracted and lost.
THE MOTOR TUG-BOAT “MARC,”
INTIMATIONS
PAYS YOU
TO BUY
THIS WHISKY.
M.P.
Whisky is good, so good that the demand for it is steadily and rapidly incressing-after all, that is the supreme test of quality, We want you to know ifs good qualities, and the only way is for you to try it. Next time order
M.P.
It contains a Free Passage Coupon to Scotland in every case.
SAMPLES ON APPLICATION..
H. RUTTONJEE & SON,
This motor bout, which was: Lunobad, st Kowloon Dock on the 21st int., has moan- while bean completed, and the official trial trip WINE AND SPIRIT MERCHANTS. respect. on Monday afternoon proved successful in every
Tonkin Rivar Rapids, and required quite s The boat is built for towing purposes in the
special design. The Dock Co, must be con. gratulated on the skillful way in which they
solved this difficult taske by putting out a boat SURVEYING
which meets the special requirements in the
has not proved any right of support at all. She per share last year, and, at the same time, to assets be all realized. It is said that the failure The vessel is lighted throngbout by alentricity, highest degree. The dimobelors of the boat
has not attempted to prove that she has got a right of support. She has not said how she Acquired It
provide an adequate amount for depreciation The various items of the accounts
utilized our reserve fund of $40,000.00 to write
·
was withdrawn almost at a moment's notica.
WEIGHING MONEY.
steam steering gear has also been installed
and hos a powerful searchlight fitte over the wheel house.
The general meeting of shareholders of the
ure:—60ft. x 12f, x 3ft. 6in., and on account of her light draft, about Ift. Sin, under working conditions. The bottom of the vessel had to be as fatheroigar box and the two propellers therefore
had to be placed in tunnels. On poscunt of the
iver being in some places overleg by treas the
boat
AND
(60
SCIENTIFIC
BY
had to be built eslow sa possible. The tros- INSTRUMENTS cheront conlition of the river with its many rapida and mage necessitated the greatest attention as fore decided to instal original" Otto Motors" of to the reliability of the motor power. It was thore the Carmotoranfabrik Cologne Dentz which are
proved that the decision was a right one.
call for little comment from me, but you Mr. Slade argued that tho obligation on 270 may have noticed that the ameant due was the obligation which rested on him by considerable increase. This is mainly due to under the heading Sundry Debtors shows reason of his ownership of the property. It was the proscods of various shipments of timber his property and he was the person who had domidion over it. It was his duty to nos that made to our London office not yet having been imself nor anybody olsa whom hemited to us as stated in the report, we have allowed to go on the property injured the neigh down the book valto of the Hongkong saw bouring property,
Mr. Fottor suid his friend had quoted cases Mills. The mill buildings and pantra in good which were almost startling in their length and order an repair. but your committee con is paid out. As may be expected, this tends to the company a total profit amounting to known for their reliability and the frial trip
sidered a special depreciation to be desirable, as, in their opinion, the property was stand, ing of too high a figure. We consider that this transfer, which is only a hook entry together with the provision for depreciation made out of the profits for last year, will reduce the book valus of this asset to a reasonable
in their breadth,
His Lordship reserved his decision.
IN HUMMARY JUENDICTION,
BEFOE MR. F. A. HAZELAND
(AOTING POISNE JUDAE).
A TAILOB'S SZLIM.
Ho Wai, tailor, sood Miss B. Retkin for $21 and Miss A. Goldstein for 876. Mr. C. Wilson appeared for the paintiff, while defen its ep pered in person."-
soles and waights used in this city for the of last year will be sab nitted. In this connec There is said to be an astonishing variety of Tore Kisen Kaisha is to be held on the 30th instant, when the Locounts for the second half
purpose of weighing money. It has been tion the Nichi Nithi states that the satisfactory brought to the notios of the Viceroy by the rest obtained on the South American services, two distinct sets of weights, one for weighing cargo traffic owing to the popularity enjoyed by Chamber of Commerse that certain firma uss coupled with the increase in passenger and money when paid in and another whe money the Tengo Muru and Chiye Maru, have ensured give these firms an unfair pecuniary advantageofer 820,000 yen in the business period. Of and is the source of mush quarrelling and dis the profit 808,541 yen is to be appropriatel content. H. E. bár taken the matter up for making good the deficit, and the balance, duty type, having four cylinders each, and are The two moters are of the four cycles, heavy vigorously and has sont deputies to various places 13,000 yen, will be carried forward to the next fitted with electric ignition and reliable lubrica- to test the balances auf weights used and has account to prepare for emergencies, especially tion Each motor has a capacity of 45 b.p... found that these allegations are indead trus in view of the realt of the connecting services giving the boat a speed of eleven miles per His Excellency has now ordered the Provin with the Western Pacife Railway, Inaugurated hour. The strongly-built motors are not dopen, oil Transuror and the Tsotsi of Industries to dorison set of standard woights which are to be put into operation throughout the province.
since January 26th, not yet being ascertainable, This now liner Shungo Maru, which was launch et in February, will be completely equipped bafors the middle of August and put on the American service from the latter part of the same month.
THE CANTON MINT, AN The Canton Mint was established during the régime of Viceroy Shum, and since it has com monoed operations its average annual profit has bann about 20,000 sola. The Mint for some time was closed down, but is now working again. The House of Commons has passed & Bill incorporat- Viceroy has observed that there are provincia!
The Pirate Bills Committar of the Dominion
amonut. The various properties of the Com- pany in Borneo have been maintained in good order and condition during the year, and our stocks of timber and material have been valued ou a very conservative basis. Thave to add that The Lotion against Miss Ratkin was taken so far the prospects for this year appear to be first
satisfactory, though the further extension of Mr. Wilson mid the nation wasto vocover the our business is being much bandicapped at amount of a tailor's bill, the only item in dispato present by shortage of labour in Boraco. If being one of 814 for making a dark blue coat any shareholder has any question to ask. I shall and skirt. Defendant had instructed plaintiff to be pleased to saswer it to the best of my ability, banknotes circulating here to the value of oring a company which proposes to inaugurato su: make these according to mosanres by which ho had prevlonely made other clothes for her. He did so and sent them to her, but defondant said the skirt was too long and asked him to alter it He did so, and then she declared it was too short, she could not make it longer, a
pisca had to be added to it. He would prove that this was not due to the fault of the plaintiff."
His Lordship Is that the only item to which you object?
Thiera were no questions."
The CHAIRMAN proposed the adoption of the report and accounts va presented.
Mr. CRAWFORD seconded, and the motion
was carried unsuimously.
Mr. J. W. C. Bonnar was re-elected to the consulting committee, on the motion of Mr. CLARK, seconded by Mr. MAOKIE,
Mr. Lane proposed, Mr. GRIFFIN sounded, and it was agreed, that Mr. W. H. Fotts should be reappointed auditor.
Defendant-Yes. Plaintiff gavo evidence and stated there was The CHAIEMAN That is all the business, $21 owing him.
gentlemen. Thank you for your attendance Defendant was invited to question the Dividend warrants will be ready to-morrow, sud plaintiff.
can be had on application...
nino million dollars and he intends to open branch Mint at Swatow in order that there may be made without delay an amount of silver coin age to guarantee this large amount and restore
confidence in trading circles.
ARAJA STRANGE EGO,
A family living in Futshan had a pigeon which a day or two ago Inid an enormous egg. When weighed it was found to be over sit eang." It was then broken and found to con tain a large quantity of a thick gummy flaid in which was doating another egg of perfectly normal appearance and weight."
W.F.STANLEY & CO.
AND
SON.
dart on the quality of fuel, and work oqually E. R. WATTS & woll on light as well as heavy oils. The two propellers are provided with shifting bindes and their spoed is kept within such moderat» limits that they work with excellent effect, and without producing addies, The exceedingly Low fuel consumption deserves special mention.
THE GERMAN CROWN PRINCE.
IMPRESSIONS OF HIS VISIT TO INDIA,
ALWAYS
KEPT IN STOCK
The Bombay correspondent of the Times CHS. J. GAUPP writing on the 26th ult. sald
The German Crown Prince sailed from here on Saturday. He has loft every mbare memories of liking and good will. From the day of lis arrival lus personality has domissted the tour, Though disliking ceremony the Prince has borne his part with lignity when ecension captivated every one, men felt their youth demanded. His almost borish joy of living
renewed in the sunny stmosphere of his whole- hearted enjoyment of life never-failing charms of manner, added to this made up a very winwine personality,
all rect line of steamships from Halifax to Blacksod Bay, Ireland, and from Vancouver to New Zealand and Australis. The company had chosen the name of the Al-Red Steamship Company, but owing to the fact that another company was recently incorporated under this name the committee decided to change it to the Imperial Steamship Company. The committee was informed that it was proposed to put on a line of steamers from Halifax to Blacked Bay with a speed of twenty-five knots. The vessels would be able to cross the Atlantic in three and half days, and there would be "ferry services" to Scotloud and Eaglaud, A twenty-knot service would be established between Vancouver Whilst devating himself largely to sport the Of the enormous number of scoret societies and Auckland, New Zealand. The incorporators | Crown Prince's fut rests wont far beyond the which the Chinese Government has to deal with of the new company include Messa. Vickers,tures of the sivil and military administration, horse and rifle. He was quick to seize the salient you for payment. You did not say I spoiled it FAILURE OF A FOREIGN FIEM IN of the most detested and dreaded is thu Sons & Maxim, Mesars. Swan, Hunter & and was deeply impressed by what Great Britain when you had it on.
JAPAN.
known as the “Kim Tsai Wui," or Duggu Wigham Richardson, the North British bas accomplished in the past and is doing at The Hobe Herald states that Messrs. Gysin League. While professedly political its alus Locomotive Company of Glasgow, Mesers, prosent in Indie Frontier life greatly inter plaintiff to make the costume He took Kio Machi, Kobe, have suspended payment. he mousurements. When the skirt came is The firm fuformed the Sumitomo Fth with plunder. Each womber takes an ath to Pickford and Black Steamship Company of at Abbottabad, was too long, and when he altered it it was too Dai Ichi Ginko, the Yokohama Specie Bank, kill every man who opposes him, and to carry Halifax, Nova Scotia, and Sir Thomas Tancred short. He did not take the proper measurement the 24th Bank and the Naniwa Bank, with whom out this purpose each man is armed wilk and Bir Thomas Treabridge.
they had had transzetions in Kobe, that they daggor hence the name of the society. Bomé She had paid him $10 on account before he had suspended payment, owing to su order re time ago there were several outrages by this
ceived from the Head Offee to do brought the Has the plaintiff done work. The failure of the firm boing chiefly due to the society, but during the past few months they
You know you spoiled this dress?--I asked
Is it a fact you spoiled the dress No.
THE DAGGBE, SOCIETY.
Defendant then stated that she insteaoted Frerea, the well-known French firm at No. 63, are, like many of its fellows, simply concernst | Chaplin, Milne, Grenfell & Co., and the enter him, as did also the work of this Gurkhas
drons.
for you before-Yes.
Has be done it satisfactorily ? No. Why did you go to him again --He said ho
would do it better.
Did you tell him to make the second one according to the same measurements as the The same measurements-He spoiled it more
Brat P-Tea.
than the frat
Did you tell him to use the same measure- ments --He measured me a second time
Was it tried on? Many times. Plaintiff was recalled and admitted the ori- ginal measurements had been last
His Lordship-I think I must give judgment
for defendant.
Mr. Wilson-For the whole $149
dollopes of the Matsui Muslin Kaisha, the Wade have not been much heard of. The day before Shoten and other concerns. Promissory notes yesterday, however, a member of this leaga amounting to some 100,000 yon, which the. firm had accepted from the Matsui Mushin Kaisha, hired a boat at Wong Shs and desired to be were dishonoured Of these notes representing rowed to the other side. While in the middle some 100,000 yen in valuo wore in the possessiona of the firm, while the others were distributed of the stream the passenger suddenly stabbel among various banks, payment on due dates the boatman and his family, sud then plundered having been guaranteed by the firm. Though the boat. Luckily the miscreant was caught the firm possesses some merchandise, all has been and is now awaiting trial. transferred to the Banks as security, with the budge result that it has been obliged to raspend payment, The firm is to present a felance sheet to the Next Thursday, the 1st day of the 3rd month; crealtors in a few days, and on this the creditors is likely to be a roi-letter day in the annals of
sorary understands that sesota and liabilities will
· SUPPRESSION OF GAMBLING,
*
& CO.,
ALEXANDRA BUILDINGS.
Ho raves behind sympathetic and kindly feelings towards himself, and has carried away WHY 40 To an admiration for Great Britain's work, and feelings of wood will and perhaps of affection for any individus! Englishman,
Bentor's agent at Calratta wrote:-Boforo
N. LAZARUS
FOR YOUR GLASSES P
You will receive Fair Treat-
ment.
A Caroful and Intelligent
Bromination
The Shipping World, which, unlike its oon- temporary, the Syren and Shipping, has ravan the much-disdtased Declaration of London the German Groin Prince left Calcutta yester- steady support, has returned to the charge a day he requested the Viceroy to oourey his thanks to all con crued in the tour. A mombor. propos of the resolution passed by the Chamber of His Royal Highness Staff, Privy Councillor of Shipping of the United Kingdom to the effect von Triclor, said on behalf of the, Price — that the Declaration should not be ratified by "His Imperial Highness carries away from India moat interestaur, enjoyable, and affection. Parliament without modification. We regret improsions. This mig by country itself, BECAUSE this decision, says the Shipping World, "one many monumenta of ancient splendour many grounds, and the terms of it appear to us its records of the glorious deeds of British to be most unfortunate. If one thing is more and Indian soldiers as well as of the accomplish- certain an another it is that the Declarationments of modern culture and enery and the
remarkable administration of an anormous for must be nocepted as it is or rejected altogether aftery by so small a gumber of officials have in-
proewed thonjolce deeply on his mentor N. LAZARUS, Farther. His Imperial Highness most highly appreciate the kind hospitality he has received went, privately, pabloly, and in the Press and the friendly feeling shown him whereever he These most pleasurable experienoms will never be forgotten by him India will always hold a prominent plaos in his anections.
are to make a Bettlement. Our Kobe contem: this Cily, for on that day gambling will. There can be no question of revision, and the about balance and that even a surplus may be suppressed. A grand procession is to be or phraseology of the resolution is therefore quite expected if the goods actually in stock are disganised, and the town is to be illuminated, menningless.
Time will show whether The schools and polleges will be closed, and the the majority were well advies in seeking thus the victim of the promissory nota system, having day observed as a public holiday. Full parties | definitely to register its opinion on so contro- givua arcommodation in this way to a very large as of the proceedings to take place are not yet serial, so intricate and complex a subject."
to hand, but will be reported shortly
posed of satisfactorily. The firm is slated to be
extent.
OPTHALMIO
We have a Sound Optical Reason behind every Lons
OPTICIAN, CORNER D'AQUILAR FL, HONGKONG.