Page
ater Fulmer &
The Wine Merchany of the Cast
INAPIER
JOHNSTONE'S
“SQUARE BOTTLE”
WHISKY,
UNVARIED FOR OVER
150 YEARS.
THE SAME TO-DAY AS IN 1745.
BEWARE OF IMITATIONS.
SOLE AGENTS IN HONGKONG:
LANE, CRAWFORD & CO.,
and from ALL WINE MERCHANTS.
FREE COUPON Entitling Anyone with RHEUMATISM
[62
to receive prepaid our celebrated Treatise, "The cause and cure of Rheumatism," illustrated in colours,
Nume Address
Only one book to one address.
337 B
If you have Rhonantiem, cut out the above Coupon and send it to us with your name and addres plainly written on the blank linea Beturn post will tring you our celebrated book, "ho cause and ouro of Rheumatism, explaining the wonderful treat mext which is ouring so many thousands of Rhen malio sufferers. This treatment we call Magie Foot Drafte, and they are curing very bad cazos of every kind, no matter how suvere. They are curing cases
of 30 and 10 yourn' suffer- ing after doctors and baths and medicinos bad
MAGIC
failed. Send us the coupon to-day and we amow that after receiving our. Booklet and roading nad thoroughly under. standing our treatment you will not hesitate to accept the offer we shall make you. Our faith is so streng that our treatment will cure you that we want you to write immediately for Booklet, so cut the above coupon and send it to the Magic Foot Bralt Co., China Agency, P. O. Fox 384, Hongkong, China. Send no money, no stamps, just the coupon and we will send our Booklet by return of post.
[1341
While you wait--five, ten,or fifteen minutes-the natural digestive processes of Benger's Food are working.
You can regulate this Food in preparation, so as to give the enfeebled stomach, at first almost complete rest; and you can in- crease, day by day, as health becomes restored, the amount of work left for it to do.
BENGER'S
FOOD
is thus adjustable to individual cases, an advantage that belongs to no other food. It forms with milk a dainty and delicious cream, Infants thrive on it, delicate and ́aged persons enjoy it.
firery householder should poRTERS
A copy of "Bengers Food.arvi 1:1ow to De-For Infanta, Invalids, and the Age, Pot Free
BENDEIUS FOOD, LIMUZYNI, Ditor Works, Manchester, England Benger's Food se jeli as Tina Zybines (sta, cas, everywhere,
SANTAL
MIDY
These tiny Capsules superior to Copaiba, Cubebs, and Injes- tions OURE-the-same di- seases these drugs in FORTY-EIGHT HOURS
MIDY
without inconvenience.
·Buah Capsule bears the name. Paris, 8, rue Vivienne 'Sold by all Chemists.
113.1
A SHANGAI APPEAL CASE.
THE HONGKONG DAILY PRESS, MONDAY, DECEMBER 9ra, 1912.
A DARRISTER'S PRACTICE INJUNCTION.
The Judicial Committee of the Privy Council, Lord Macnaghten, Lord Mersey, and Lord Moulton being present, heard an appeal from a judgment of his Britannic Majesty's Supreme Court for China of January 5th last, granting an injunction to restrain the appellant from practising law in Shanghei before August 11th, 1913.
The appellant argued the appeal in person; Mr. F. R. Y. Radcliffe, K.C., and Mr. R. J. N. Neville appeared for the respondent.
The appellant, Mr. Noel Charles Minchin Home, and the respondent, Mr. John Charles Edward Douglas, are both barristers of the English Bar, and admitted to practice in the Supreme Court for China. For some time they practised law at Shanghai in partnership, but the partnership was terminated as from August 11th, 1908, by a written agreement dated August 15th, 1908, by which the appellant was restreined from practising in Shanghai before August 11th, 1913. The respondent under the agreement continued to practise there under the firm name of "Home & Douglas.
In October, 1911, the appellant resumed practice at Shanghai, and shortly after- wards the respondent issued a writ against him asking for an injunction to restrain him from practising there before August 11th, 1913. The appellant, in his defence to the action, pleaded that the agreement terminating the partnership was modified by a contemporaneous oral agreement, to the effect that he should be at liberty to resume practice in Shanghai at any time upon terms to he arranged, and that he was ready and willing to arrange such torms. He also claimed that he was absolved from his covenant not to practise at Shanghai before the date roferred to by reason of an alleged breach by the respondent of the implied tornes of the agreement that the respon- dont should carry on the practice in accordance with the rules of professional etiquette recognized and observed by members of the English Bar, it being alleged by the appellant that the respon- dent har entered into an agreement in the nature of a partnership with his clerk to pay the latter a certain percentage of the net proceeds of his business.The. respondent denied that there had been any contemporaneous oral agreement as to the appellant being at liberty to resume practice in Shanghai baforo August 11th, 1913, at any time on terms to be arranged, and the respondent also denied the allegation as to not having carried on the business in accordance with the etiquette of the English Bar.
The facts with regard to the alleged entering into an arrangement in the nature of a partnership with his clerk were, the respondent said, that the clerk acted as Chinese interpreter, clerk, and bookkeeper to him at a monthly salary, with a monthly addition of a percentage of 7 on the net profits of his practice. The arrangement was entered into by the respondent in good faith with a view to preventing the clerk from taking com- mission and fees from clients-a practice among the Chinese interpreters.
THE PROCEEDINGS BELOW. -The action was heard before Mr. Justice de Sousmarcz. The learned Judge held that the respondent had not been guilty of unprofession! conduct or of any con- duct which entitled the appellant to be absolved from the covenant, and he accordingly granted an injunction restraining the appellant from practising at Shanghai before August 11th, 1013, The Court held that there was no arrange- ment in the nature of a partnership between the respondent and his clerk, but that the relationship of master and ser- vant was throughout maintained, and wholly exonerated the respondent from any imputation of professional miscon duct.
The appellant submitted that the Court below had no jurisdiction to grant the injunction. As both the parties were legal practitioners special rules applied to them, and the controversy was one which should be decided by some domestic tribunal.
Lord Moulton remarked that as no- domestic tribunal was fixed by the agree- ment-to-decide the dispute the Courts of law must denide it
The appellant said he contended that the agreement was not a contract in the ordinary sense, and could not be enforced by the Courts.
At the close of the appellant's argument their Lordships did not call upon Counsel for the respondent.
JUDGMENT.
Lord, Macnaghten, in delivering judg- ment, said their Lordships were of opinion that there was no possible ground for this appeal, Mr. Home entered into. an agreement the terms of which were as. clear as possible that he would not prac tise for a certain time-in spite of that he was practising. The Court was per- fectly right in granting an injunction. It was as plain a case as could possibly we. The defence was threefold. First, the appellant said there was no jurisdiction because he was an English barrister. But the agreement itself started by stating. that these two gentlemen had been in practice in a way in which no English barrister could possibly practise-namely, in partnership. There was nothing in the question of jurisdiction. Out thore the two branches of the profession, which were distinct in this country, apparently belonged to both and carried on both, and there was no possible reason why a person who carried on both and was a legal practitioner should not enter into an agreement not to practise within a certain time. The next objection was that there was some, oral agreement. There was no evidence of that, There was a definite agreement in writing which must govern the rights of the parties. Then it was said that the terms on which Mr. Douglas had carried on this business were not strictly in accordance with professional etiquette or some rule which their Lord- ships did not quite understand some rules under which he ought to have carried it on, and therefore that the appellant who agreed in definite terms
WM. POWELL,
LTD.
XMAS
Talkinona 346.
NOW
BAZAAR
OPEN-
DOLLS, FUR ANIMALS, MECHANICAL TOYS,
THE
Tobacco Calta
Westminster London →
O'
Smoking "Tobacco
Hinceofschurura of Ciparates &
-of the Highest Qualty only Disitable of all High Class Tiberconists
WESTMINSTER TOBACCO CO. are experienced manufacturers of the highest grades of Turkish and Virginian Cigarettes and the most select brands of pipe Tobaccos. We desire to call the attention of all lovers of a really first-class article to their productions.
Westminster Virginia No. 22's.
31
33
No. 44's.
Smoking Mixture Tobacco. Sliced Plug Tobacco.
GARNER, QUELCH & Co.,
BALLS,
TELEPHONE 636.
30LE AGENTS.
CRACKERS,
GAMES,
SWINGS,
TOY
E
W
R
E
0
Ꭱ
D
S
TRICYCLES,
DOLL CARRIAGES, ETC.
PRICES
FROM
$35
TO
$345
LAND.
No matter how much or how little you want to pay for a Christmas gift, you won't get anything that will give so much pleasure as a Victor or a Victor-Victrola.
There's one of these instruments at a price to suit every purse, and we'll arrange easy terms if desired.
Stop in any time and we'll gladly play any Victor music you want to hear.
S.MOUTRIE&Co.,
LIMITED,
EXCLUSIVE DISTRIBUTERS.
The Royal Commission
in their final report on Tuberculosis, recently issued, clearly showed that the chief danger to child life resulted from the use of infected cow's milk. To quote one extract; "The Evi dence we have accumulated goes to demonstrate that a corsiderable amount of the tuberculosis of child- hood is to be ascribed to infection transmitted to children in meals consisting largely of the milk of
MAGNESIA
DINNEFORD'S
DINNEFORD'S
The Physician's Cure for Gout, Rheumatic Gout and Gravol.
Bafest and most Effective Aperient for Regular 10.
1128
"IMPORTAL!
KOTHAN,
In colettebee of numer zien.
puretaan
וונונה
fast the name "DHINEFOND*B**
en ovory bastle
and label.
MAGNESIA
The Universal Remedy for Auidity of the Stomach, Headache, Heartburn, Indigestion, Boat Eruotations, Bilious Affections
TO LET
OFFICE TO LET.
1ST FLOOR, very central, One Large and
One Small Room, Small Godown.
C. B. A.,
Apply-
Care of " Daily Prong" Oct. Hong kong, 20th November, 1912 (1330
A. S. WATSON & CO., LTD., Alexandra Buildings Hongkong. 27th November, 1912. [1354
TO LET.
LODOWN, No. 94D, Prays East, Wanchai
from 1st January, 1913.
E
TO LET.
W
HOP in ALEXANDRA BUILDINGS.
Apply-
R
PRICES
G
Apply to
FROM
E
$35
C
$345
0
R
D
ΤΟ
Victor
Milk Food No. 1. From birth to 3 months Mill Food Na. 2. Frum to 6 months Malted Food No.3. From 6monthaupwards
The "Allenhurys", Rusks A vivialis addition to baby's dietary when ten ruwashand and after Thiag Rooza mtu specially masfal daring the tromblon time of teething. When raten raw they mecliansrally aid the calling al teeth
Allenburys Fods
When the mother's milk is not available, the "Allonburys" Foods form the best substitute, as they are practically identical with healthy human milla incomposition, nutritive valus and digestibility, and are absolutely free from all harmful germs.
not to do a certain thing was excused from breaking his agreement, and was entitled to do it.
Their Lordships thought that the case was really absolately without any excuse or justification, and they would humbly advise his Majesty that the appeal should be dismissed, with costs.
THE NEW FRENCH REMEDY;
THERAPION No.
EULERDASCHLANGET, JUSTEK SEKONI TAGREIKJECTS
THERAPION No. 2
CUKES BLOOD POISON, PAD LEGS, AKIN ERUPTIONS.
THERAPION NO 3
CURERCHRONIC WEAKNESSER,DRA/N).1OST VIGOR, &
SOLD BY LEADING CHEMISTS, PRICEIN ENGLAND,AL FREE BOOST DE LECLERCHED.CO
|AVE STAMP ADDRESS INVALLOPS FOR A QURE
TRY NEW DRAGEE
HAVERSTOCERD. KELENGKLOSING OR YOU THERAPION
EASY TO TAKE KAFE AND TASTINGCURK. FLERE FEAT TRADE MARKED WORD "THEKAPION* IS OK BRIT. GOVT-SZAMY APPLEED 22 ALL GENUINE PACIFTS
KINBIST ON HAYIMA THERAZION.
175
promota sound sleep, ensure vigorous health and develop- mont, and represent the most successful method of Infant Feeding ever devised.
Pamphlet on "Infant Feeding and Management" sent free Allen & Hanburys Ltd., London, England.
WHITELEYS
THE LARGEST BRITISH STORE IN THE WORLD.
Illustrated General. Catalogue (1,250 Page.) Mailed Free
WHITELEYS LONDON · W
BY AMECIAL appointherT TO HA. THE KING.
WM. WHITELEY, ETE.
S
1333
PASSED THE CANAL.
Nov. 16th Benlawora, Canton, Nora, Pembrokeshire, Ping Sucy, Demodocus. 19th-Corinthic, Glenlochy, Vorwaerts. Tanglue, Furst Bulow 22nd-C. Ferd. Lacies, Derflinger, Hector, Indrani, Jason, Aleitt, Mishima Maru, Miyasaki Maru, Pathan, Priara, Armenia Rutherglen 26th-Indramayo, Perseus, Sachsen, Tunnan, Glenfary, Nankin. 29th Agamemnoa, Sunda, Den of Glamis, Magellan, Neleus. December 3rd Bendorain, Catches, Candia, Indraundy, Speria, Goldenfels, Kansas. 8th-Dumbea, Jeseric, Kitano Mara, Montrose, P. E. Friedrick, Prinz Ludwig, Telemachus, Arcadia, Indrakuala.
ARRIVALS AT HOME. December 8th-Brodmore, Derflinger, Miyasaki Maru, Perseus.
KWONG SANG HONG, LAD.,
248. Des Voeux Road Central.
(1390
Hongkong, 6th December, 1912.
TO LET.
FFICES in King's BUILDING
OFFICES
GODOWN, 102, Prays East. Apply
THE HONGKONG LAND INVEST
MENT AND AGENCY Co. L. Hongkong, 4th December, 1912. [12]
TO LET.
ARGE SUBSTANTIALLY - BUILA
East Point.
For further particulars apply Property Office.
JARDINE, MATHESON & Co., LTD Hongkong, 15th August, 1912.
TO LET.
TOOB
URNISHED ROOM, at the PEAK, from
1st February next.
Particulars from-
NEUK,
Care of Daily Freas" Office. Hongkong, 22nd November, 1912.
TO LET.
FFICE in ALEXANDRA BUILDINGS,
OFFICE
Apply--
A. 8. WATSON & Co., LTD,
Alexandre Buildings Hongkong. 16th October, 1912.
TO LET,
[1222
USCULUM, 136, Barkor Road, Furnished
for one year from 1st March, 1913. Apply
LANE, CRAWFORD & Co. Hongkong, 2nd December, 1911, 11368
TO LET
GGESFORD," No. 114, PEAK. Furnish-
Eed or Unfurnished, from let January,
1913, 6 ROOMS.
No. 25, CAINE ROAD. 5 ROOMS. No. 21, SHELLEY STREET.
No. 6, DES VEUX VILLAS, 58, Tan PRAK, from 1st March 1913. Premises will be Lorenghly repaired, painted and colourwashed.
68, MOUNT KELLE", Partly Furnished, immediate possession to 31st May, 1913.
From 1st February, 1913, HERION, No. 10. PEAK, Furnished or Unfurnished, 6 ROOMS. For Sale GLENSHIEL,” 124 and 125, Barker Road, close to Tram Station
For Sale.BARTING and BOGATE” on part of Kowloon Inland Lot No. 1154. Apply to LINSTEAD & DAVIS,
* 3rd Floor, Alexandre Buildings. Hongkong. 7th December, 1912 122
TO LET,
2ND FLOOR, NO. 2. FEDDZE 872 HEL,
ONE-ROOMED OFFICE.
Apply Proverty Office,
JARDINE, MATHESON & Co., LTD. Fongkong, 23rd May, 1912.
(733
"WITH DOG AND GUN IN THE NEW TERRITORY."
DEING the Series ef Articles contributed
& A BALLY OUR Sportsnan," reproduced in book f em
PRICE ONE DOLLAR.
Hengkong, 29th October, 1910