Page
TELEGRAMS.!
(THROUGH REUTER'S ·AGENOÌ.]
A WESTRALIAN TYPHOON.
LONDON, March 28th. Reuter's correspondent at Perth states that a three days typhoon has occurred on the north-west coast of Australia. Many. vessola and buildings were wrecked. It
COMPANY MEETINGS.
HE HONGLONG DAILY PRESS, TU...„DAY, MAƑO· 26гa, 1912.
THE LEMM-MITCHELL CASE.
to take them as read. The demand for sugar in the Philippines market kept the
CHINA, SUGAR REFINING CO., LTD Refinery, at Malabon almost continuously DECISION OF THE PRIVY COUNCIL. hám, 378), and the exception he stated
The annual general meeting of the China Sugar Refining Co., Ltd., was held yesterday in the offices of Messrs. Jardine,
Matheson & Co.
Hon. Mr. & H. Ross presided, and there were also present, Hon. Sir Paul Chater, Messrs. E. Shellim, H. P. White, J. W. was hitherto known that a dozen people C. Bonnar, and F. Maitland, Consulting have been killed and that there-are-many-Committee, Capt. W. E. Clarke, Messrs. missing, but the telegraph lines are now
E. F. Aucott, R. E. Belilios, H. P. Smith, interrupted.
W. Hutton Potta, T. 8. Forrest, A. Rodger, R. C. Edwards, Ho Fook, Ho Rum Tong, Lo Cheung Sui and the Sec- retary, Mr. J. Barton.
THE OPORTO EXPLOSION.
LONDON, March 25th.
FRENCH RAILWAY LOAN.
LONDON, March 25th. The French railway loan of February 21st has been covered thirty-two times. The deposita alone totalled 1,880 millions,
"THE GONDOLIERS."
at work during the year, and although prices remained low during the first sÍX months, a fair margin of proat was obtainable. During July and August the unprecedented drought in Earope caused a sharp advance in the price of sugar all over the world, to which the market in Manila eventually responded, and as we
bad-fortunately secured a considerable Bupply of raw sugar in June and July at a cheap price, we are able to take full advan tage of the situation and command a very handsome profit on our refined sugar during the remainder of the year. The result as disclosed by the accounts now
which shareholders may wish to ask in connection with them.
There being no questions, the CHAIRMAN moved the adoption of the report and accounts.
was seconded by Mr.
The law applicable to the case was shortly and sufficiently stated by Chief Justice Tindal in Kay v. Goodwin (6 Bing- in that ease covered the present case. Judgment in this case was given by the The ordinance No. 20 of 1908, under which Judicial Committee of the Privy Council this action had been brought, was cer
tainly phrased in cather remarkable terms, and it would require language much on February 28th, there being present on the Bench, Lord Macnaghten, Lord Mer-more explicit than that which was to he port appeared in the Times of February Court of Law in holding that a legisla- sey and Lord Robson. The following re-found in the ordinance of 1908 to justify 29th
tive body intended, not merely to alter a litigant of a judgment rightly given and the law, but to alter it so as to deprive still subsisting.
Their Lordships would. peal be allowed, and that the judgments humbly advise his Majesty that this ap- in favour of the respondent be set aside and judgment entered for the defendant with costs.
the Supreme Court of Hongkong (Appeal This was an appeal from a judgment of Jurisdiction) of July 11, 1911, afirming decision of the Chief Justice.
were counsel for the appellant; Mr. E. B. Mr. Duke, K.C., and Mr. J. A. Comston Sharp, K.C. (of the Hongkong Bar), and Mr. A. C. Nesbitt for the respondent
The argumenta
were recently heard before. board composed
a
of Lord Macnaghten, Lord Shaw, Lord Merney, and Lord Robson, when judgment was re- served.
JUDGMENT.
therefore,
Solicitors.Gedge, Fiske, and Gedge;, Church, Adams, and Frior,
ADDITIONS TO THE CHINA SQUADRON.
The
A wire from Oporto states that three. The CHAIRMAN said: Gentlemon, before you is a gain of $94,370.04 on work- more bodies and various remnants have The report and accounts, with auditoreing, and after allowing for interest, etc., been removed from the scene of the oxplo report attached, baving been in your a reduction in the sum at debit of profit sion. In the debris were found nearly five hands, for some days I propose with your and loss account to 268,000.07, which I trust Lord Robson, in delivering judgment, hundred uncharged bombs and a quantity permission to take them as read. The you will consider satisfactory. I should said the appellant was the defendant in of gold and notes.
year 1911 was a remarkable one in the mention that demand at the moment
an action to recover damages for criminal conversation brought by the respondent
strengthening of the China sugar trade all over the world, and the appears to have slackened, and that in the Supreine Court of Hongkong (ori Squadron will be materially advanced, course of the market presents a forcible owing to a decline in the price of sugarginal jurisdiction) on December 19, 1908. Says the Globe, by the addition of the illustration of the uncertain nature of everywhere from, the highest point reached
To that action he pleaded res judicata. armoured cruiser Defence, which is order. The learned Chief Justice held the plea join Vice-Admiral Winlsoe's command. ed to leave England en Mouday next to this particular business. During the in September last we cannot now obtain to be bad, and on appeal to the Full Court When the Defence was appropriated for autumn of 1910 the estimates of the beet the same margin of profit an was then his decision was affirmed.
service in the Far East it was generally crop in Europe were largely increased and the ease: the position of sugar generally, In the year 1905 the respondent was a pointed to a record production for the however, is sound and supplies, especially master mariner living with his wife at thought that she would be a replacement coming year, with the result that there in the East, small, and I have little doubt Hongkong, where the appellant niso re-ship for the Minotaur, Sir Alfred sided. The respondent in that year com- Wineloe's flagship, whose two years' com was a heavy fall in values everywhere, sup therefore that when present stocks have menced a suit in the First Division of the mission expired in January. Instead, plies were in excess of demand, and the one more into consumption there will be Court of Session, Edinburgh, for the dis- however, of being a relief, the Defence is renewed enquiry. Before moving the solution of his marriage with his wife on The A.D.C. gave their fourth perform year 1911 opened with the prospect of a adoption of the report and accounts the ground of misconduct with the ap- Squadron, which is also being added to to augment the strength of the China ance of The Gondoliers" last night lengthened period of low prices and drag-shall be pleased to answer any questions pellant, who was not a party tu the action;tively small fighting value detailed from in a minor degree by cruisers of compara- before a fairly good house Improvement ging markets. This unfortunately proved is noticeable in-every performance. The to be the case for the first six months of
the Australian Squadron. The Defence audience was very enthusiastic and many the year, and owing to keen competition
Cruiser Squadron, in which she has up to can very well be spared from the First encores had to be given. There are only in the consuming contres great difficulty
now been the only pro-Dreadnought battle- two more performances-to-night, and to was experienced in marketing our sugars,
cruiser, and there is much more to be morrow night and we trust that there for which, moreover, unprofitable prices
gained by associating her with another of will be a crowded house on each occasion. had to be accepted. At the beginning of
the third ship of the Minotaur class, is her class the Minotaur. The Shannon, July rumours became prevalent that the
just turning over from flagship of the best crop in Europe was suffering from
Second Cruiser Squadron to the head of want of rain. and prices began to harden
the fifth (Atlantic) Cruiser Squadron, so, all round: owing to the unprecedented
that the homogeneous service of the group drought which continued during August
is still deficient by one third. and September great damage was in fact Edwin Berkeley Ayris, formerly ac done to the crop, and it was computed countant in the employ of the South that the outturn would be some. 2,000,000 China Morning Post, who was brought tons short of the estimate. This caused from Perth, Western Australia, on a war values to advance sharply during the early rant charging him with embezzlement, ar: autumn months, and as prices in the Far rived by the s... Namur and was later East responded to the improvement in brought before Mr. E. A. Irving,
Europe, we were able to establish rates Mr. P. M. Hodgson, assistant Crown which showed a very good margin of pro- Solicitor, said he was appearing in the case against Ayris.
fit, making it probable that the losses in His Worship-And you ask for a recurred during the earlier part of the year would be at least wiped out. Unfortunately; however, before we had been able to reap Mr. Hodgson-Yes.
much benefit from the improved condition The charges were then read to prisoner of the market everything was upset by He was charged with embezzling $160.. $80, and $70:06, the monies of the Saw the outbreak of the rebellion in China, sppropriation of profits for 1010, and the Colony read his judgment he had no ary return, it is maintained, is the result)
EUROPEAN CHARGED WITH
mand?
EMBEZZLEMENT.
Chinn Morning Post, and also with omit fing to enter in the cash book the sums of $624 and 8200.
Prisoner-I have nothing to say, your Worship. I reserve my defence.
Hia Worship-But you must plead. Prisoner-I plead "Not guilty" A plea of not guilty on all counts was recorded.
Mr. Hodgson-I appear on behalf of the Crown to prosecute and ask for a remand. His Worship-I can give you Wednes. day next. (To prisoner) Will you be
defended?
Prisoner-No, your Worship. His Worship I can give you Monday
afternoon.
Mr. Hodgson-I think Wednesday will be too soon. Next Monday will be better, Prisoner was then removed in custody,
HONGKONG & SHANGHAI BANK.
NEW PREMISES IN LONDON.
which practically put a stop to all business in that country and necessitated a curtail ment of production at the Refinery, which told seriously against the coat of produc- tion during the last three months of the [year. You will realise therefore that we
The motion MOXON, and carried. by Mr. BeITH, Messrs. H. P. White and On the motion of Mr. LEVE, secunded J. W. C. Bonnar were re-elected a con- sulting committee.
Mr. A. R. Lawe was appointed auditor at a remuneration of 850, on the motion LEUNG HIM. of Mr. PIERCY, seconded by Mr. WANG
gentlemen. I thank you for your atten The CHAIRMAN That is all the business, dance.
and in November, 1906, the marriage was dissolved. On July 29th, 1907, the respon- dent commenced an action of criminal con- versation in the High Court of Hongkong against the defendant-appellant to recover damages for the misconduct. In that action the defendant pleaded that the alleged cause of action. The point of law Court had no jurisdiction in respect of the thus raised was set down for hearing, and was beard by the Chief Justice, who, on May 5th, 1908, delivered judgment in fav our of the defendant-appellant and dis- missed the action with costs..
Accordingly a new Ordinance, No. 20 of
SUEZ CANAL DUES.
INTIMATIONS
RINGWORM ON CHILD -WAS GOING BALD
Face and Head Affected 12 Months,
Improvement After First Use of Cuticura Soap and Ointment.. Soon Trouble Disappeared. Also Cured Grandmother of Bad Ulcer.
www.
"I cannot speak too highly of the Cuti- entre Soap and Ointment. My little girl had ringworm 'very badly on the beat and
face for quite twelve months. I tried al kinds of remedies bur found no beneft from any. I took her to doctor but was told it would take a long fine to cure her, so decided to go to a skin bospital. The ringworm still cont tinued to aprend, fu fact, she was losing her hale through it. I was
ke was going and I got quite disheartened until one day I met a friend who had just cured her Uitdo girl with the Cuticur
the Drut
the advised me to try them. 9, d application I could see an improvement. In a few weeks, the ringworm had dappeared and the hair which had proviansty fallen off her head was growing fast, many ittle girl thanks to Cuticura Boap and Unument. will now bear impection by anyone. She has a splendid skin and a lovely hond of hair.
My mother had a bad ulcer on her ankle, and fi is quita eured with Cuticura Oint mert and Soap. I would not without the Cuticura Remedies, and the Boap 18 50 refreshing sad cooling in the bath. It i worth, two tablets of ordinary soap for cleasing purposes. I hayo recommended the Cuticure Repedies, to all my friends with equally good results." (Bigned) Mrs.. Loxler, Hale End House, Hate End Rd., Wai- thamstow, Essex, Eng., Jan. 14, 1911.
Saraples with 32-p. book free from nearest depot: F. Newbery & Sons, 27, Charterhouse Bq. London: R, Town & Co., Sydney, N.S.W. Lennen, Ltd., Cape Town; Muller, Macican & Go., Calcutta and Bombay: Patter Drug & Chem. Corp., 2010 props., Boston, U. B. A.
87-7
8
Chs. J. Gaupp & Co..
JEWELLERS,
AND OPTICIANS,,
Always have on hard a large stock of Scientific and Surveying
- Instruments. Microscopes and Optical Goods,
Zeiss
Prism Binoculars, Voigtlaender Telescopes, Watches and Clocks,
It was unnecessary for the purposes of the various Ordinances of the Colony on the present case to go in detail through which the learned Chief Justice based his judgment in the action, but it was in his SHANGHAI GAS COMPANY; LTD. view sufficient to say that the introduc Continued reductions in the dues levied tion of the English Divorce Act, 1857, into by the Suez Canal seem by no means to The report of the directors for 1911 the Colony by Ordinance 5 of 1858 bad satisfy British shipowners. Their case is states that the business of the Company abolished the common, law action for set out adroitly and with just a suspicion has continued to progress satisfactorily criminal conversation in Hongkong; that of irony in the annual report of the Liver amounted to Tls. 321,455.54, an increase by Ordinance No. 5 of 1860 the action for which Sir Norman Hill is secretary. It is WATCH MAKERS, and the profit on working account on the repeal of Ordinance No. 6 of 1866 pool Steamship Owners Association, of of Tls. 41,489.05 over that for the previous criminal conversation was revived, but pointed out that last year Great Britain year. The net profit for the year amount that by the retro-active effect of certain received £1,129,280 in the shape of divi ed to Tla, 288,012,71, an increase con subsequent enactments, more particularly dends on tho shares which Lord Beacons pared with 1010 of Tls. 37,455.04. The Ordinance No. 3 of 1895, the right to bring field luckily bought for 24,000,000 thirty- halance at credit of profit and loss that action in the colony was again abo. five years ago. Altogether, the country account, after crediting the account with lished. The learned Judge went on to has had £17,000,000 in dividends from Tis. 11,116.25 carried forward after the intimate that if the Attorney-General of shares, apart from a huge appreciation in the value of its security. This extraordin- deducting the sum of Tis. 7,631,58 bonus doubt that he would immediately take paid to the foreign staff, as authorized steps to procure the aleration of the law of canal dues which exceed by 100 per at the last annual meeting and Tis as it then stood, so as to bring the action cent. the cost of working the canal. As 79,000.00 amount of interim dividend at for criminal conversation again into exist. 60 per cent. of the dues are derived from British shipping, therefore, it is argued, the rate of 6 per cent. paid July 27th last, ence in Hongkong. amounts to Tla. 219,497.46, of which sum
60 per cent. of Great Britain's dividend the directors recommend appropriation as 1008, was passed on December 11th, 1808. a most onerous tax on our trade with follows Final dividend for, 1911 at 7It was cutitled "An Ordinance to amend the East." per cent. (making 13 per cent. for the the Interpretation Ordinance, 1897 (Ordi year), Tls. 84,000; write off depreciation punce No. 8 of 1897), and to remove anment was on the subject, Mr. McKinnon China market is concerned, but I am acturing and distributing plant; Tlse." The effect of this new ordinance Ministers are more or less the victims of (land and buildings, Tis. 4,056.29; manu- ambiguity in the construction, of the Wood caused it to be understood that 102,010.91; sundry stocks, Ta. 15,300 action for criminal conversation in Hong-Caggests that means should be found, was undoubtedly to revive the right of circumstances with regard to this Suez Canal revenue. Sir Norman Hill now furniture, Tla. 803.80; total
kong, if it had ever been in fact suspend-" without waiting for the conversion of 192,000.00; and carry forward to
ed. It was also clear tht the ordinance new account Tis. 13,497.48. During the
cubic year 516,111,000
feet had a retro-active effect to the extent of the other shareholders, by which at least gas was sold, to private consumers,
enabling actions to be brought in respect £800,000 of the dividends unwillingly re- increase of 11,347,000 cubic feet, or 3.24 of criteinal conversation during the period ceived by the British Government should per cent, Pablic lighting accounted for when the right of action had ceased to he applied in the general relief of the 8,922,000 cubic feet.
exist in the Colony, but the question now To British shipowners engaged in trade
! British, trades suffering from the tax.' tons 12 ewt of coal carbonized, and to be determined was whether it went
and subsisting judgment as 435,880 gallons of liquid fuel used in the further, and operated to annul a valid with the Far East and with Australia a between refund of a portion of their canal dnes manufacture of gas. The demand for far parties whose rights had been duly deter would, doubtless prove very acceptable. showed a decided improvement, while the mined under and according to the law. But the Americans might not be disposed market for coke and sulphate of ammonia which existed before the new ordinance quite to overlook the matter in deciding remained satisfactory.
was passed. The respondent assumed the very debatable question of the treat- that it did, and on December 19th, 1908, ment of United States shipping in the he instituted the present suit against the Panama Canal. appellant in respect of precisely the same acts of misconduct as he had alleged in
were beset with difficulties, which I re- gret to say are still with us so far as the
sanguine that as soon as political affairs have settled down in the north an in Frovement in our trade, as with all others, will soon follow. From the accounts pre sonted to you you will have noted that our equalization of dividend fund has been
.of
An
There were 33,708
Sum little time back, when the Govem-
depleted to the extent of 2 lacs of dol lars, in order to make provision for the payment of a dividend, and while I regret that it has been necessary to trench upon this fund I may say that had it not been for the somewhat phenomenal rise which took place in sugar during last autumn the payment of any dividend would prob- ably have been out of the question, and CAVES IN SOUTHERN CHINA. I trust therefore that you will approve of The Hongkong & Shanghai Banking the above mentioned transfer to credit Dr. G. D. Thomson of Canton writes to the Geographical Journal giving an Corporation is reported to have acquired of profit and loss account, and of the
account of some caves in the south of the a freehold site in Gracechurch-street, in proposed distribution of $5 per share. Kwang tung province, which, he 8874,
The defendant-appellant then raised the The Abor expedition has now practical- the City of London, for the purpose of Before moving the adoption of the have never yet been described by a Euro plea of res judicata,sand that point of lawly completed the task for which it was erecting its own banking premises. The report and accounts I shall be pleased pean traveller. They lie about 250 miles was argued before the Chief Justice apart originally despatched. The Abors are in south-west of Canton, by the route fol- from the other questions arising in the a friendly and suboussive mood and ade- London office has for many years, some to answer any questions relating to them lowed by boat. This involves the descent action. The learned Judge overruled the quate punishment has been inflicted. The decades in Inet, occupied a portion of which shareholders may desire to patiof the Canten river to the sa, and plen on the ground that there had been troops will accordingly shortly be with Lombard-street, the size of the office There being no questions, the CHAIRMAN Costing voyage west to the mouth of the In his view all that had been decided was been issued, but when it arrives it will no judgment on the merits of the case. drawn. The actual decision has not yet having beea extended on several occasions. moved the adoption of the report and Young-Kong river, which is ascended to that at the time of the former judgment be welcomed, for although there has been the city of the same name. Here it is accemary to change boats, taking
the Court had no jurisdiction to hear the a temporary improvement in the weather
It now needs further accommodation for accounts.
its expanding business. It will be a few The motion was reconded by Capt
THE NEW POSTAGE STAMPS OF CHINA.
annum.
BR-
his former action.
THE PLEA OF RES JUDICATA.
THE ABOR EXPEDITION.
tive craft, pulled or poled by natantrat plaintiff's way was, he said, removed by had been heavy rain before and more
action. That technical difficulty in the during the past two or three days, there
ja
months before possession of the now site CLARKE, and carried.
and women when the wind in contraty the new ordinance No. 50 of 1908, and expected almost immediately, The foot- In this way the wailed city of Yeung-chou therefore the merits of the case could, or bills of the Himalayas, in which the force will be obtained, says a London content- On the motion of Mr. BELILIOS, second is reached, and the caves are situated a porary, upon which the existing buildings ed by Mr. Edwinds, Sir Paul Chater, mile or more to the west of it. The chief the first time, be considered by the Court. has been operating, are the first to feel will be demolished and new construction Messrs. Shellim, Bonnar, Maitland and
cave is of large size and very beautiful. The action accordingly came on for trial the effects of the southerly winds and the entered upon. The site in Gracechurch White were re-elected a consulting com- rise abruptly from the plain in jaggad found in favour of the present respondent in Bengal and run ou into Septmber. On The hills in the immediate neighbourhood before a Judge and jury, and the jury rains there start three months earlier than street is nearly midway between Lombard mittee..
rocky cliffs of totally different formation and awarded him $7,500 by way of genretiring the force will leave cne of two street and Cornhill, rather nearer the lat-
On the motion of Mr. HurTON POTTS, from the surrounding hills and mountains.. oral damages.
small survey parties behind them who will ter thoroughfare, so that it is equally con seconded by Mr. RODGER, Messrs. H. P. At the entrance and on ledges high up The appellant appealed to the full remain for a period, the duration of which veniently situated for the bank's business Susith and A. R. Lowe were appointed and shrines, presenting a gaudy appear the Acting Paisne Judge, Mr. Hazeland, had been sent to explore the passage of the cliff there is a Buddhist monastery Court, consisting of the Chief Justice and has not yet been fixed. The party which to the location of the present premises. auditórs, at a remuneration of $375, per ance. From the outer chamber, which and on July 11th, 1910, judgment was de the river Tsunpo through the Himalayas is beautified with stalactites and stalag.livered dismissing the appeal with costs. until it emerges in Assim as the Dibang mites. fight of steps leads up to a Their Lordships were unable to agree has failed in its attempt. It has been second, cathedral-like cavern, not visible with the decision of the Supreme Court. checked by the thick jungle and impass- from the first. In this there is a stone The contention that the judgment of able country. Every foot of the path table and stools, and shrines around the May 5th, 1008, only decided a preliminary had to be cut. The assumed falls, by walls in niches, but the whole upper part pint as to the jurisdiction of the Court which the Taanpo is supposed to and its is untouched by man. At the far end a was far from being an exact account of way to the lower levels of Assam, are passage leta in the daylight from the opthe proceedings. The substance of the [named the Pema Koi Fallı, but the re- posite side of the hill. Dr. Thomson pro-question then tried was whether or not the ports that the party have been able to poses to call this group of limestone cave law of the Colony gave the plaintiff a collect appear to show that no single fall by the name of Lord Kinnaird, in grati- reinedy on the facts alleged. It was de-exists, but simply a series of extensive tude for the kindness shown to him and cided that it did not and the defendant rapide extending over a distance of many his brother during their college days. He thereupon became entitled, .on those miles. refers also to various other groups of allegations, to a judgment dismissing the Simultaneously with the penetration of caves in the same province, which make whole claim. This result was not due to the Abor country, two smaller British of this part of China A veritable cave any defect in the jurisdiction of the parties, it will be remembered, entered country. Though they have been describ- Supreme Court, which was ample, but to other sections of the eastern borderland. Naro," they are far from being generally absence of appeal the judgment was a Mishmi expedition, under Mr. W G. ed by Dr. Henry in his book called "Ling a shortcoming in the general law. In the Both these are also returning. The
known. They include the "Cathedral final determination of the rights of the Dundas, assistant commissioner, Sadiya,
We notice the following paragraph in The Times:
The CHAIRMAN-That is all the business, Dividend warrants will be gentlemen. ready to-morrow morning, on application
LUZON SUGAR REFINING CO., LTD, As a result of the revolutionary move- ment the current stamps of the Chinese In The annual general meeting of the. perial Post Office were recently, with Luzon Sugar Refining Co., Ltd, was held drawn and re-issued with a special over yesterday, the Hon. Mr. C. H. Ross pre print consisting of four Chinese characters signifying "Provisional Neutrality." It siding. There were also present: MORSTE. is also officially sunotinced that a new H. P. White and J. W. C. Bonnar, con- series of permanent postage stamps will ulting committee, G. 'C. Moxon, L. N be issued by the Republican Government Leefe, B. Piercey, T. S. Forrest,, G. V. as soon as possible, and meanwhile a second provisional issue may be looked Tisdall, B. D. F. Beith, Po Eien, and for in the form of the existing stamps Wang Leung Hin auneneinted with the wand if Ravuklia”) ok
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45
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