Page
UNMUZZLED DOGS. RESPECT TO THE COURT.
"A Mr. Wood's Court yesterday Mr. W. E. L. Shenton mentioned the case in which the Hon, Mr. D. Luadale is chargovi with allowing a dog to be at large without having a muzzle.
Mr. Shenton said that he had had to come to the Court that morning in con nection with two other summonses, and he thought he might also mention the one against the Hon. Mr. Landake.
WITHE HONGKONG DAILY PRESS WEDNT SDAY, SEPTEMBER 15TH, 1915,
CIVIL AND TRADE DOMICILE.of another kind, which are opened through
NOTABLE JUDGMENT OF THE SUPREME COURT FOR EGYPT.
The following judgmont, delivered in H. M. Supreme Court for Egypt, sitting at Alexandria (in prize), on Tuesday, July oth by his hunour Judge Grain, is considerable interest both to lawyers and merchants. The judgment relates to car goes on the steamers Lutzow and Koorber,
to
the former cargo being consigned Mr. Wood reminded. Mr. Shenton that Messrs. Kirchner & Boger, of Shanghai; the summons was returnable on Friday last, the latter being shipped by Messrs. Wende and that P. S. Baker had stated that he& Co., of Hongkong, from Canton to an
enemy port. had served the summons on Mr. Landale's servants. He (Mr. Wood) subsequently instructed P. S. Baker to Me Mr. Landale
and to inform him that he would have to appear on Saturday morning.
His Honour, in giving judgment,
said :--
invariable preservation of the domicile of origin
a no domicile can be nequired it an Anglo-Oriental commuvay ote."
THE MAIN ISSUE. ···
be said that a person who pays no taxes
EXPLOSION ON THE U.S.S..
** DECATUR,”
UNEXPLAINED' OCCURRENCE AT
work-room
CAVITE.
of destroyer Decatur.
INTIMATIONS
LANE
CRAWFORD&Co.
JUST UNPACKED;
The only maj killed was bløyd J. Elkins, gunner's mate second class, the FOLDING
are William U.
EACH
FURNITURE.
CAMP BEDS
$8.50
EACH.
MOSQUITO CURTAIN AND FRAME
$15,50
COMPLETE
COMPLETE.
It appears to me tha the main jesz that we are striving alter in these appli- cations for the release of prize cargo is:
An explosion the cause of which is has the enemy over of cargo so purged | unexplained occurred at Cavite (Philip- himself of his enemy character as to be pine Islands) last week in the ordance allowed to have his goods restored to him;
the U.S.S. torpedo and that appears to be the essence of the two definitions of Dicey. To take Dicey's definition of commercial domicile, can it to the country in which he is living, is more or less beyond the civil control of seriously injured the country, whose conduct is regulated Hayden, chief gauser's mate, and N. by his own judicial Courts, wwo only pays Bell, gummer's mate, third class, who now such duty on sports and exports as have been arranged by treaty with his own lie at the naval hospital at Cañfacao with State, and whu in some extra-territirial | but slight chances of recovery; the men' countries cannot own the smallest parcel who sustained broken legs are A. L of tand--can it be said that he is a person Brasher, fireman, second class, an IDÍ C.
whose trade at business contributes to In these two cases, the question of law being the same in each case they are being of forms part of the resources of such coun-Bas, seaman, badly bruised and cut taken together.
try and renders it, therefore, reasonable aa O. 1. Mason, R. O. Meikle, ordinary The carga in the first one, was shipped that his hostile friendly ur neutralscunen, and C. E. Sagner, firemni, cond P. S. Baker now said that he had servi the summons of Mr. Landate as requested from Hamburg on the str. Leizou on July character should be determined by refer class; badly burned on the am B
1st, 1914, to Messrs, Kirchner & Böger,ence to the character of such country? Young, hospital apprentio. A half score The Magistrate added that he had now
hm consisting of Geraan subjects resid- Again, ca such person come under Bir of others at various rates were on an FOLDING CAMP TABLES made the summons returnable For Septing in Shanghai, who for over forty years William Scott's (Lord Stowell) judgemont bruised as a result of the explosion.
on business there, The "The Venus, viz. they were bound 17th and had given instructions for the have carried
second case consists of cargo shipped by by such residence to the society of which defendant to be served personally.
Chief Gwoner's Mate Hayden, accom- Wendt & Co., a German firm carrying on they were members, subject to the laws of did not think the Court had been treated insingss in Hongkong, in the str. Koerber the State, and owing a qualified allegiancepared by Guire's Mates Elkins and thereto, then abliged-co-defend it a Best wre engaged in doing-wong-ordin with due respect, but he would take th from Cancon to an enemy pure,
Fom Castion of law which arises in both return for the protection it affords there
and the privilege which the lows bestow room of the breatur. This workroom is case on Friday, when Mr. Shenton might these casus is whether it is possible t make a statement by way of explanation.atablish a commercial or trade domicile, upon them as subjects. The property of situated forward, in the same place as
in countries which have granted exiro.
or men's hospital, on such person equally with that of the the sick bay
The work they were territorial authority to other foreign native subjects in their totality, is to be boned the vessel. Mrs. Denison, The Peak, was fined 88 in:
considered as the goods of the nation in doing was nothing out of the ordinary all by
for Mr. Linduell yesterday
regard to other States." It is true that routine business of the ship, and was one of the men said. the allowing two dogs to heat large without
this is a statement with regard to civil probably, as
inuzzles.
domicile, but it does appear to me that replacing of tools or sone such business. there is so slight a difference, as regards This was about 3.30 o'clock. The officers the present issue between the civil and of the yessel were in their quarters and commercial that the same argument may lie balance of the crew of some seventy: to a considerable extent apply to the con five men were engaged in various ways, taking it easy In order to understand mercinEdomicile because, as I have already some at work auch others resting and said, what is necessary to arrivo, at the situation it is necessary to have an abandono former domicile, and uniRomething that wipes out the enemyiden af the construction of that part of manendita acquire a new one, that it character. does not depend on nationality, or even on what in fact is the real domicile, but on
He
Powers.
Mr. Booth and Mr. Alexander, who appear on behalf of the claimants, argue that, although it may be impossible a Mr. Shouton, for the defendant, said the establish a vivil dimicile, it is nevertheless
The dogs wander possible to establish a commercial one. case was a simple ane.
That there is a difference between a civi] ed out at the back of the garden, and gat domicile and a commercial one, that a cum- through a hedge into Mount Kellet Road,mercial or trade domicile is a question of
anime removeudi," taking stops It was, he added, impossible to muzzle one of the dogs, because it was a Japanew
pug.
PETTY
TREFIS.
A Chinese clerk residing at 30, Robinson Road, has reported to, the police that some person has stolen from his house two silver vases valued at $33,
Mrs. Walker, a visitor at the Grand Carlton Hotel, has reported to the police that someone stole her handbag from a table in the hotel. The bag contained koys and jewellery to the value of _820...........'_
i
the place or places in which the business or businessra is being carried on.
That, on the other hand, civil domicile is a question of origin and nationality.
And in support of this view cite passages from Westlake 4th Edit: Private Interim tional Law, pp. 336, 337, 348, 347. Hodgson r. Beauchasno 1888, 12, Mar., P.C., 313. The Jonge Kinssina 1904, 5, C, Rob., 30%, Jonson 2. Driefontein Consolidated Mine
P. Williams T (1902), A.C.. 503. Wells Raym, 282, Bell . Kennedy 1809 1.R., 1.S. & D.A., 320.
A PREVIOUS DECISION:
|
The Cablenems-American gives the fol- lowing story of the occurrence:-
BACH
$8.50
EACH.
ary routius work in the ordusies work. FOLDING PORCH CHAIRS
WITH ARMS, DUCK SEATS AND BACKS.
BACH
$7.50
EACH.
HAMMOCKS WITH VALANCE AND
EACH
the ship where the three men mentioned THE FACTORIES OF THE 18TH CENTURY.
were working. The space on board a I now come to the cases with regard to
is, at best, exceedingly limited and the Eastern countries in the 18th century ordunno workroom is placed forward, And these cases to appear to put it beyond under the men's quarters, on the third doubt that in British Law neither a civil, deck from the main deck, counting the or commercial domicile ena be established latter as number one is just above the in an extra-territorial country. No doubt war head Incker, in which are stored the all these cases which I am about to cite four war heads for the torpedoes, ave one were with regard to factories established of which, had it exploded, would have in the East and not with reference to the sent the ship, and all it contained sky Law of extra-territoriality, but the prin-high. It is also right next to the maga ciple fr the purposes of argument zine, which holds all the gun cotton; had this gone off, there would now be nothing practically the same.
In The Twee Frienden." Lords, Jaly left of the vessel and all on board. 12th, 1784, a Mr. Fremeaux, merchaut carrying, on trade at Smyrta under the But to return to the story of the explo protection of the Dutch Consul there, wassion. The three gummer's mates were cargo were cond, muted as Dutch property denly the ship was rocked a shake by by the British Prize Court....
the establishment of factories in the boat derover like the Bezier FOLDING
TEAMES PHOOT 23 FEKT.
A Chinese woman of Yaumati has Court by the President that a German held to be a Dutchman and his ship and busily wgaged in their work when sud-|
reported to the police that while walking in Gascoigne Road she was accosted by two teen who, hy means, of the confidence trick, relieved her of two gold-mounted bangles.
THE RICE MARKET. The Compagnie de Commerces et de Navigation d'Extreme Orient of Saiges in ita Rice Circular dated August 31st says There is no change to report is our market, which is still very firm. Prices. Lave & alight upwards tendency for September shipment on account of the large ongage- mants for Java (about 50,000 tons), ant the demand still active from Hongkong and Bingapore. The paddy arrives as previ- onely in small quartity, but as the millers have now sufficient stocks the price. 8 slightly decreasing without any percus- The sion on the price of the clean rice. total amount of rice exported from the 1st January up till the 23rd of August ie 743,543 tons against 913,588 tons in 1914, We quote to-day white rice No. 2 sifted Japan quality Hongkong &5.43 por picul f.o.b. Saigou, for August to September shipment.
GERMAN PRISONERS'
EXHIBITION.
AMUSEMENTS AT KURUME. An exhibition of articles made by the German prisoners of war at Eurume Japan was held recently at the prisoners' depo. The exhibits numbered more than ens hundred, among them being a model fortress in section, miniature aeroplanes, musical instruments, models, paintings, and embroideries,
Theatrical acrobatic, and other perform ances were given, this camp being weil supplied with talent Japan Chronicle.
AMERICAN SHIPS ON THE PACIFIC.
THE MINNESOTA" BOLD.
According to a telegram received by the Osaka Shosen Kaisha from its branch in Chicago, the wellknown Great Northern liner Minnesota has been sold to a London firm for $2,000,000. It will be remembered that the Great Northern Line, between Seatzle and Hongkong, was started some ten or twelve years ago by the two sister ships Minnesota and Dakota, running in connection with the Great Northern Rail- way at Seattle. Some years ago the Dakota was wrecked and lost off Shimosa, and since then the Minnesota has been the only steamer on the line, Some months ago the Minnesota was stranded in the Inland Sea, but was successfully re-floated after a month of difficult salvage opera- tions.
It has already been decided in this Leannos establish a domicile in Shanghai, but on that ocession the matter was only [rgued generally and the point that there is a difference between civil and commer- cial domicile was not argued. Therefore, I think that, instead of merely following that decision, I ought to give judgment on this point which has been raised before
Inc.
In The Rachael," Lords, May 10th, 1702, a Jow living on the Coast of Malabar under Dutch protection under the sovereignty of the Rayah of Cochin was held by the Lords of Appeal to be a Dutchman and an enemy.
a terrific explosion and a sheet of fame instantly sallied forth from the urdnance workron. This shot of flame shot up and forward. burning and scorching everybody and everything in its path. To show is force and strength, it need only by mentioned that it scorched a baseball twenty-five feet. In The Erusno," Lords, December uniform hanging up Dicey in his Conflict of Law" defines 8th. 1798. it was held if an individuo,away. civil and commercial domicile as follows:- although not a Frenchman, continued This sheet of flame died almost instanty "A civil domicile is such a permanent trade under the French protection in and was followed by huge volume of residence in a country as makes that coun-China. he must be considered to smoke, which completely obscured every- tho -er- Frenchman. try a person's home and renders it
thing in the neighbourhood of fore reasonable that his civil rights should These cases, although decided with ordnance work room. Such was the situa- in many instances he determined by the regard to factories, appear to me to Letion at the time the explosion occurred.
still in point because the treaties of the present day gunting extra-territoriality are merely an enlargement of the privi leges granted in earlier days to the
laws thereof.
A commercial domicile, on the other hand, is such residence in a country for the purpose of trading there as makosa person's trade or business contribute to or form part of the resources of such coun try, and renders is, therefore, reasonable that his hostile, friendly or neutral character should be determined by refer ence to the character of such country.**
It is clear from the cases, Maltass 2 Maltass, 1844, I. Robh Eoe Cas 67, in re Tootals Trust, 1883, 23, Ch. D., 532, Abd-ul Messih & Farrn (1888), L.R. 13, A.C., that in British Law a civil domicile cannot be established in countries where extra-terri- toriality runs.
factories.
In The Indian Chief 3 C. Rob, 12 Sir Wm. Scott (Eord Stowell) also lays it down generally that domicile canno be acquired in an extra-territorial coun try, but he may have been thinking only of a civil domicile, and so I have not quoted from that judgment; but the other judgments appear so abviously cases of mere trading as to be directly in point in the present ceste.
Although I have been much impressed by the judgment in Mather & Canning ham, the American ease, and the review in that judgment, of the British cases nevertheless I am of opinion that, at the present time the British Law is that neither a civil nor a commercial domicile can be established by an individual who is resident, or carrying on business in, a foreign land when his country has been granted the privileges of extra-terri teriality.
Order Confiscation and sale. Admission of Appeal granted execution refused.
One
But this principle has not been followed in the American Courts, as in the case of Mather and Cunningham (American Journal of International Law, p. 445), which came before the Chief Justice and five other Judges sitting in the Supremo Judicial Court of Maine, the Court decil ed that an American subject had acquired a domicile of choice in Shanghai (China) In course of a very lengthy judgment by Spear J., who delivered judgment in that case on behalf of the Court, he points out that the English cases cited as author-month to find security £250. Stay of ties for this doctrine are not really se, as they were all decisions on some particular facts and not on the doctrine of immisci- bility generally and quotes Dr. Lushing- ton's judgment in Maltas v. Maltass in which be says, I give no opinion, there. fore, whether a British subject can or can ot acquire a Turkish domicile." But Dr. Lushington does proceed to say, "but this. I must say I think every presumption is against the intention of British Chris- tian subjects voluntarily becoming domi- ciled in the Dominions of the Porte."
BRITISH DOMICILE IN SHANGHAI- Mr. Booth and Mr. Alexander havo pointed out to me that Lord Justico Chitty in his judgment in Tootals Trust, when speaking of British domicile in Shanghai, staces, "There may be a com mercial domicile there in time of war with reference to the Law of Capture, but that is altogether a different matter. from Civil domicile, but in making this state- ment the Lord Justice, merely meant that the question of commercial domicile was not being argued before him and he gave no opinion on that question.
Hall in his Foreign Jurisdiction of the British Crown" while practically admitting that the doctrine of immisci bility is upheld by the British Courts sug gests that it ought to be altered.
What happened immediately after the report of the explosion on the part of the officers and men of the Drentar is worthy the best efforts of any writer, sither of. fication or of fact. Augused from their tasks and fancied security, the officers and mon of the Decatur weil about their work of getting out the killed and injured without the slightest delay or excitement, Fire call was immediately sounded anxi within forty-five seconds two streams of water were pouring into the ordnamos foreroom. But this water play had to be discontinued because already bravo mem were down in that Hell of fire and smoke, gaged in the work of rescuing their comrades. They well knew that nderneath wore stored the deadly war beads, while the bulkhead to the magazine had been blown away by the force of the explosion, thus exposing to the flame and smoke the no less deadly gun cotter and other highly inflammable
explosives stored thore, but they headed then not.
WORKROON DESTROYED.
It
When the snicky had finally been dis persed it was seen that the ordnance- workroom was a mass of twisted iron and shed woodwork, under which lay the bodies of the three gunner's mats, tonk about twenty minutes hard and strenuous work to extricate the limp forms of Hayden and Bell from the débris, while the body of Elkins was not The latter recovered for forty minutes. was already dand, having been smashed and burned in such a manner that it is thought that death must have been for the week ending 11th September is asistanateous. Hayden and Bell were taken follows :
HONGKONG TRAMWAY. CO.
Approximate statement of trafic receipts
This year
Last year Increase.... Decrease
-Receipts for week.
$12,178 10,761
1,412
·Aggregate
receipts → for 37 weeks $405,532 420,202
ITALY'S ARTILLERY.
23,670
SENDS SHELLS ÖVER HILLS 6,500 FEET HIGH.
A message from Lausanne states that the Berliner Tugeblatt says that the shelling of the Italian artillery extremely ac
curate.
In Carinthia this is due to the fart that the Italians occupy excellent points of ob servation. The Italian heavy artillery has before now sent shells over mountains 6,500 feet high..
to the main deck, where the former recovered consciousness, but Bell did not come to until on the way to the hospital. Both relapsed into oblivion and then again became conscious a intervals all through the night and yesterday. They have no broken bones, but their systems are suffering from the terrible shock and their lungs are badly affected by the moxious fumes and gases they inhaled in that living death in the ordnance work
room.
The other men with broken limbs and various cute and bruises were also taken to the hospital as soon as possible and are now getting along as well as migle
although all are suffering Excely from the shock and herrar of the explosion, an, indeed, are all on board the Decatar. Of the wounded and injured, besides the two gunner's mates. Hayden and Bell, the two in most serious shape are Seaman Saotos clad Fireman. Brasher, who sustained broken legs The former's leg was so badly smashed antitate it might podignutil
EACH
PILLOW $12.50
DECK
IN STRIPED CANVAS,
$3.50
EACH.
CHAIRS
EACH.
LANE, CRAWFORD & CO.
SAKURA
BEER.
THE BREWERY'S OWN BOTTLING.
TRADE
Sakura
TEIKOKU BREWERY CO.LTD. MOJI. JAPAN:
Hongkong, 12th August, 1815.
SOLE AGENTS:
Co.
SUZUKI &
ALEXANDRA BUILDING,
TEL. No. 468.
[855
THE TAIKOO DOCKYARD
AND ENGINEERING CO. OF HONGKONG, LTD. TAIKOO DOCKYARD. HONGKONG. SHIPBUILDERS, SALVORS AND REPAIRERS, BOILERMAKERS, BRASS AND IRON FOUNDERS, CONSTRUCTIONAL, ELECTRICAL AND MECHANICAL ENGINEERS. WELDING AND CUTTING OF METALS BY OXY-ACETYLENE
AND ELECTRIC SYSTEMS.
Estimates given for quick construction and repair of Ships, Engines, Boilers, Railway Rolling Stock, Bridges, and all Classes of Engineering Iron and Wood Work. GRAVING DOCK-787' by 85' by 84' 6"
Pumps Empty Dock, in 2-3/4 hours.
1BREE PATENT SLIPWAYS taking vessels up to 3,000 tons displacement, providing
conditions for painting ships with most efficiant resulta,. 100-Ton ELECTRIC CRANE ON QUAY-ELECTRIC OVERHEAD CRANES
throughout the Shops ranging to 100 Tons.
50-Ton Hydinalis TESTING MACHINE for Chains, Wire Ropes, Rivets, elo, AGENTS FOR
JOHN I. THORNYCROFT & CO.,
LTD.
PETEOL and KEROSENE MARINE MOTOES 7-1/2 to 180 BHP.
A inpplied to the British Admiralty and War Office. MOTOR: VESSELS, LIGHT DEAFT CARRIERE, GUNBOATS, LAUNCHES
HOUSEBOATS, and PLEASURE CRAFT OF EVERY DESCRIPTION. MOTOR PUMPING and LIGHTING SETS, MOTOR VEHICLES, ETC.
at Offe
"It is perhaps to be regretted; that donel's daughter and a captain that it is feared it will be necessary to Dockyard Managers, can be seen between the houm of 11 am. and 12 Noom change in the Law is not made. Anglo-Oriental domicile has its
TEALON-
It is not known when the Minnesota wiliable, it may almost be said its natural be withdrawn from the Pacific trade. place" and later "There is also every Japan Chronicle.
reason for avoiding very grave difficulties
wife are serving as conductors on the to Portsmouth Corporation tramcars, release two men for Army duty, and cra
their DAY handing
charitable institutions.
to
DAMAGE TO THE SHIP.
The vessel sustained considerable dam- age to hulkheads, staunchions and deck- plating, but was not leaking.
TELEPHONE No. 212
BUTTERFIELD & SWIRE.
HONGKONG, CHINA, AND JAPAN, AGENTS, Talegraphic Address ~~TAIXOO DOCK,”
130