Page
· NATIVE CUSTOMS AT SWATOW.
INCREASE OF 20 PER CENT. ON DUES.
"
[FROM OCR OWN CORRESPONDENT. )
SWATOW, January 20th. Yesterday the loenl Government, seized the Native Customs. It was done quiet ly and, so far as I know, without any thing more than a written protest on the part of the Maritime Customs. I hear that the Consular Body has wired to Peking about it and it is reasonable to suppose that that it is the end of the matter. Having assumed control of the Native Customs and all likiz stations the authorities promptly clapped on a 20 per cent. increase in all dues and levies.
GENERAL DISORDER, Some strong hand has been at work and it appears that the contending parties have been made to sink their grievances and differences. In a joint declaration issued by the Strikers, Unions, Police and officials the following 'passages 'occur
So far Imperialists and opponents of the Revolution have been defeated in the varied schemes and movements, merely through the unanimity, among the Sun Yat Sen followers who have no contentions among themselves and have worked for and directed their energies towards the overthrow of their enemies, If differences are not subk promptly and all personal grudges for- gotten at cree, a chance would he given to Imperialists to renew their attempts to take control of the situa tion Rather than permit this terri tory to be regarded as a second Fengtien, subject to Japanese inter- vention, is already threatened by the Japanzer Punent in his recent written. warning to the Goverment, both Labour and Police are nor perfectly
irconciled one with the other. So that henceforward both will fight together against the Common enemy.
SUPREME COURT.
THE
THE CLAIM TO A LIGHTER. DEFENDANTS COUNTERCLAIM FOR
$1,413.43
HONGKONG DAILY PRESS, FRIDAY, JANUARY 22ND, 1926
A DEAL IN SILK.
MR. JUSTICE WOOD MEASURES
MATERIAL T
The solicitor's table in the Summary Court yesterday had the appearance of the counter of a silk store. Teo rolls of silk were unrolled, and the width of each piece was measured by Mr." Justice Wood.
Before the Chief Justica (Sir Henry Gollan) at the Supreme Court yester- day, the case of Chan Yuk Chuen against Kwong Fook of the Hing Au Slipway Co. was continued. On Wed- This exhibition and the measurements nesday the plaintiff claimed the return carried out by the Puiane Judge was the of a lighter which it is alleged the de-outcome of a claim by the Kwong Wah fendants had wrongfully possessed. & Co., of 37, Wing On Street, against After mitch argument, Mr. C., G. p. 1. Pinguet & Ca, of 17, Queen's Road Alabaster, K., Counsel for the de Central, for alleged breach of contract fence, dropped the point, and put in Plaintiffs claimed the return of 8861.23 counterclaim. The lighter had been · re: which had bad been paid by them to paired for the Po On Co., to whom the defendants for ten rolls of artificial silk plaintiffs had hired it. The Fo On Co. which had been rejected because the paid less than half the amount due,' and material was not of the stipulated width 81;415.45 was the balance unpaid. Whoa The width should have been 23 inches. distraint was made on the lighter and it
Mr. E. S. C. Brooks (Messrs. Hastings, was put up for sale the Slipway Co. Dennys & Bowley) was for plaintiffa, bought it. Yesterday His Lordship and Mr. Vaux (Messrs. Wilkinson & allowed Mr. Alabaster to carry on with Grist) represented defendants. the counterclaim.
Mr. P. C. Jenkin (instructed by Messia Johnson, Stokes and Master) represented Chan Yuk Chuen. ·
Mr. Jenkin denied liability on the part of his client, and also stated that the amount, in itself, was unreasonable. Plaintiffs also denied that the lighter was sent to defendants for repairs by day one acting as their agent, neither was the work done on their authority, The work don was at the expenses of the Po On Co. to whom the lighter was hired.
Mr. Alabaster said that they were claiming the balance which had not been paid, '$1.41345." He proceeded to cite easca and a judgment of Mr. Justice Atkins in support of his contention
His Lordship: You hold that the
plaintiffs acted through their agents, and that the Po-On Co. in sending the lighter for repairs acted as agent.
Mr. Alabaster: We do not say the
damages out of him.
إن
Munibers of the Kuomintang re- present the oppressed classes. In their eagerness to liberate them from op- pressions, they, may now and again let their enthusiasm get the better of them or be too drastic in the performance of their patriotic work. However, this po On Co., but Lio Ho Kin was a part may be, the object in view is to over- throw Imperialists nod Militarists.ner of the firm. We failed to get any For this reason those who may treat their confreres too roughly should be pardoned. In order that the commu bication with Hongkong can be cut off successfully and the Hongkong Im perialists be subdued, those who are offended should look for no retaliation for any wrong they may suffer ht the 'hands of their comrades. Let us there- Fore warn Imperialists in this manner Do not dream that our strike and bagents will be interrupted or that British ponds or thint British · vegarls will be allowed in the districts Loug Live the Co-operation of the Police and Labour Class"
WATER AND ELECTRICITY.
His Lordship after carefully measuring each piece with a yardstick found that eight pieces were under, and two pieces over es inches in width.
A DEMONSTRATION,
NAVAL BALL
'LAST NIGHT'S FUNCTION ON
H.M.S. HAWKINS.” A
H.M.S. Haurbina, the Bagship of the China Station presented an exceedingly attractive appearance last night, the occasion being the "Paying "Ball given by the ship's officers.
Among the gathering of 500” werd H.E. the Governor (Sir Cecil Clementi, K.C.M.Q.) and Lady Clementi, Vice- Admiral Sir Edwyn, Alexander-Sinclair, R.C.B. MV.O. (Commander-in-Chief, China Station), Flag-Capt. W. J. O. Lake (Chief of Staff), Commodore A. J. B. Stirling, 0.B., H.R.H. Prince George, H.E. Major-General C.C. Luard, G.B., C.M.G., (G.O.C. of the Forces in China), other Military and Naval Officers, members of the Government and Civil Service and leading residents of the Colony,
Dancing took place both on the quar- ter deck and on the starboard side of the boat-deck. On the former the dance
music was provided by the ship's band; while on the boat deck the dancing was to the strains of the band of H.M.S. Titania.
a bridge; also, on
tho
The supper room was arranged on the Mr. Pinguet asked for permission to demonstrate that the material could be port side of the beatdeck, accommodation measured in two ways. This was grant for bridge and mah-jong was provided on ed. Taking one of the rolls of silk, he H.M.S. Petersfeld, which lag, alongside pulled the material towards him, and on being measured the width was 24 inches. the flagship and was connected to the He then gently stretched the material larkins by horizontally, and the width measured 28 | Admiral's poop. Arrangements for inches.
sitting-out were adequately provided Mr. Pinguet then said that except the manufacturer who knew the adjoining the dance floor on the boat. size of his foom. could say what the deck and also on the Petersfield., original width of the material was He then took up another piece and though at first its width was 28 inches, on being pulled lengthwise, it decreased by one
inch.
no one
Mr. Brooks: You are suggesting that the eight pieces have been pulled.
Mr. Pinguet: This last one has been handled very slightly, whereas the others have been handled a great deal.
Mr. Brooks suggested that the only thing to do would be to have independent capert evidence.
Ir. Vaux said that the first time four pieces only, were short, but it seemed to depend on how they were pulled.
Mr. Vaux agreed with His Lordship that if the material were new-sold, eight pieces would he less than 25 inches:
con.
Dancing started at 9.30 and tinued until 1.30 am, with an interval for supper. frat class condition and proved very de- lightful to dance on
Both dance doors were in
་
very
THE DECORATIONS. The decorative scheme Was artistic. On the quarter deck, the colour scheme was red and white; for the dance floor on the boat deck, blue and white; and for the supper room, yellow and blue, and everywhere there was a profusion of flowers and fernery. The lighting of the ship by coloured lan- terns and fairy lamps added mach to the picturesqueness of the scene on board,
From the entrance to the Royal Naval His Lordship said, that the contract
His Lordship then said that the posi- Dockyard by way of the Prince of Wales was made between the Po Oh Co. and tion with regard to the measurement was gate, suspended coloured electric. fairy the Slipway. C. He could not see how that on June 12th four rolls were not of lamps provided ilumination along the Lio To Kin acted as agent for the de-right width. At present eight rolls were path leading to the Hawkins, the gang.
not according to the contract.
way leading on board being fendants.
Mr. Brooks pointed out that the evi-illuminated in like manner. Mr. Alabaster submitted that the evidence concerning June 12th was given by dence in the present case end that, of defendant.
His Lordship said that he was prepared the case he had cited was similar..
to accept four of the rolls...
.*
His Lordship pointed out that the man who was said to be a partner in the Company had been proceeded against by the defendants.
WHAT WAS THE CLAIM? Mr. Vaux said that the first paragraph of the writ stated that it was a claim for damages for breach of contract, bat that was not the real claim. The second clause stated that on June 9th delivery was made of silk from 25 inches to 28 inches in width.
His Lordship said that plaintiff's answer was that they were less tann, es inches.
ik
THE HONGKONG HOTEL.
NEW LOUNGE.
LATER. Mr. Alabaster quoted another case in
support of his submission, but his Lord To-day local newspapers contain an annoncement by the Swatow Muniship said that it appeared to him that cipality that au assessment is shortlyCounsel held that Po On were agents going to be made on all buildings in the for the plaintiffs in the case,
Mr. Alabaster explained that since City "irrespective of nationality. ADylaintiff was the owner, surely the Po owner failing to pay his taxes is to have On Co. took the lighter for repairs on bis water service and electricity supply the owner's authority, and they were, cat c. The fact that foreign houses therefore, his agents. They were sued Vaux) werg able to establish that plan new wing to make it &
have had water and elect city supplied 10 them continuously since July has rankled deeply with
the extremists.
some
of
SEIZURE OF ARMS. WELL-KNOWN CHINESE BUSINESS MAN FINED.
on their contract and judgment was given against them, and the balance was being claimed from the plaintiff through "whom the contract was made.
Mr. Jenkin rose and said that it had not been in any way alleged that they had any contract, or that they were
able for repairs.
·
"DILAPIDATED LIGHTER A
Quoting the third paragraph Mr. Vaux said that it stated that the plaintiffs rejected the goods and claimed the re- turn of the purchase price If he (Mr. tiffs could not reject the goods, then this argument would be of no avail.
Mr. Brooks said that this claim was in the nature of damages.,
also
The new tea lounge on the first floor of the Hongkong Hotel has now been open- cd. It is much more spacious than the old one, taking in part of the corridor, the reading room,, "and part of the Verandah, the reading room wall having been demolished to give the fall sweep of space. Entirely new furnishings have been used throughout.: Dainty new elec- trical fittings get of the massive fire. place, and other skilful touches completa Further steps in the remodelling of the the pleasing appearance.
self-contained hotel complete in every respect, are the making of Messrs. Powell's gentlemen's department into the reception office, and the turning of Messrs, Lane, Crawford's ladies department into a ground floor lounge on the same lines as the old ground floor lounge in the main building. A broad stairway will lead to the up- stairs lounge, Bessie's Bar," the new reading room (formerly the small sitting room), the barber's shop, and the dining
COUNT YOUR CHANGE."
Mr. Vaux: I understood that this was clearly abandoned by my friend.
Mr. Brooks: It may be taken either way, a breach of contract, or that the His Lordship, said that Lio Ho Kinmoney should be returned to plaintifs.
Mr. Vaux said that His Lordship had was the managing clerk of the Po On arm and he acted on their behalf. He previously remarked that if plaintif wanted damages he would have to issue would not accept Mr. Alabaster's con-
another. writ. If he could cstablish that room. tention that there was a separate con-
plaintiff was not catitled to reject the Ling Yuk Shek, the master of a scrap tract between plaintiff and defendants. iton store, appeared before Mr. R. E.
Mr. Alabaster, then called his wit- goods, the whole case would fall to the ground. After quoting from Halsbury, Lindsell at the Central Magistraeynesses.
he said that the goods were specific
It is exactly like the notice one sees yesterday charged with being in unlaw
goods; they were in the godown at the ful possession of one Winchester rifle.
continued Mr. Youz. two incomplete Winchester rifles, onc Fong Hoi Wan. proprietor of a piece-time packed in packing cases and de-in shops, count you change before leav "If a man takes up a handful of ten- pistol magazine, two short swords, one goods store in Kowloon, said be was aliverable at any moment when called for ing the counter',"
with a delivery order. The contract was was dirk, two rounds of revolver qmmunition, friend of Chai Yok Sen, who 71 rounds of sporting ammunition and formerly manager of the defendant arm, made verbally on. May 22nd. Plaintiff cent pieces from the shop's counter, and 1 lb. of Selby air-gun shot. Defendant for whom he acted as broker. In April, was a business man accustomed to deal later finding that one or two were bad with brokers, and he knew that a concoins, returns, it is unlikely that the said that he found these arms in various 1023, his friend's son was manager of the parts of the s. Kum Sang, where they firm. He (witness) visited the Slipway tract could not be confirmed without hop-keeper will give him good pieces in had probably been secreted by smugglers, Co. premises on April 19th, 1923. Whilst making a contract with the firm. He was exchange. It is exactly the same in our when breaking up the vessel for scrap. there he met Lia Ho Kin who said he under an obligation to clear the goods care, and we have, therefore, been ser
Sergeant Whelan said that as the re- wanted a lighter repaired. He said that within seven days. Plaintiff's second wit fously prejudiced." sult of a raid at No. 22, Catchick Street, his Company, the Po On, had bought it as and that he could have inspected the goods in the godown if he wished, these arms were discovered in the false for $2,200.
He did not take bottom of a chest of drawers.
but had not done so. delivery on the due date for clearance. He paid the money over on June 9th, and received a delivery order on the godown He had 18 days for acceptance and ad- mitted that he could have had an accept ance order from defendant. Having neglected to do so, had there not been a reasonable opportunity afforded him in the matter?
Mr. Jenkin formally objected to the cvidence."
His Lordship: This evidence is not evidence at all against plaintiff
Continuing, witness said he saw the lighter which was in dilapidated state; it neither had a deck house nor a decis
Mr. Leo d'Almada, who appeared for defendant, leaded guilty, and said that the arms were found in 1923 in the Kun Sang, which was being broken up. Delen dant took the arms to his home and put them in a safe place. It was an oversight that he did not report the matter to the and it was dirty." Police. Defendant was a well-known business man, was born in Hongkong,
Ly Iuen, assistant-foreman of the und had lived here for the past ten years. In 1917 defendant was a member of the Slipway Co., gave evidence as to the Police Forte as a special constable. He repairs made on the lighter.
Mr. Alabaster asked if it was damaged had a licence for a sporting gua, but this had not been renewed for six months in the 1993 typhoon! owing to the fact that be had not been
AN HONEST ANSWER
UNPACKING THE SILK.
He said that he took delivery on the 10th and took the goods to his shop and examined them there. It was undoubted
Continuing, he said that the plaintiff did not examine the goods at the godown, nor did he call for a representative of defendant's. He took them out, and transported them to his own shop, and there proceeded to open each case which was tin-lined, and unroll each piece. until the goods became at once, to all intents and purposes second-hand The goods were not of the same value pow as then. He had broken a 'prima facie rule and he (Mr. Vaux) could not sep how it could be overridden.
Every identifiable sign had been removed from the goods.
His Lordship: If he had opened theni in the godown you would not disagree
His Lordship It is the first time y more convenient for him to do that, if he made a thorough examination, 28
out shooting for some time He would have heard of it. ask the Magistrate to treat this as á technical offence.
Mr. Lindsoll imposed a fize of $50, and the arms were confiscated.
"
Dia
the.
31. Jenkin (cross-examining): youtut first class work into lighter?-No; middle class work.
His Lordship That is about the most honest: answer I have ever heard.
Mak Yew Choi, manager of the Slip away Co., said that the balance unpaid
for work done was $1,413,45.
JUDGMENT FOR PLAINTIFY.
REVOLVERS CONFISCATED... Sergeant A. E. Carey applied for codfiscation order in respect of three revolvers (one loaded in five and another in four chambers) which he said he die
After both Counsel had addressed, the covered in a rattan basket on the ground floor of No. 6, Hop Hing Lape, a place Court.
His Lordship found for plaintiff on frequented by hawkers. There were no Claimants and no arrests had been made. tho claim and the counterclaim; and
The order was granted.
Awarded damages for $2,500 with costs.
""
he, was entitled to do. He took them to his shop and did the same thing
Mr. Vaux: He ousted the seller from his rights...
but he did it at his own risk. ⠀⠀
His Lordship: When he took the goods, he there and then accepted them
Mr. Vaux said that it was 8O.
Con tinuing, he said, if the goods had their Concluding, Mr. Yaux said that it markings and wrappings the defendant should have been submitted to expert could say whether they were his goods. opinion as to the width. They had scen Plaintiff said that they were Pinguet's that by a simple process there was four goods, but Mr. Pinguet could not swear inches difference. He held that the goods to that. The goods were invoiced to had been accepted and not rejected." defendant had not identified them. If
After Mr. Brooks had addressed the they were then the plaintiff should have Court, during the course of which his settled the matter by arbitration. But main argument was that it was the cus plaintiff by taking the goods had taken tom nct to accept goods until they were delivered, his Lordship deferred judg them out of their lion.
Lient (Continued on next column.)
ALL WOOL TAFFETTA PYJAMAS.
WARMTH
•WITHOUT
UNNECESSARY
WEIGHT IS THE PREDO-"
MINENT FEATURE OF THIS
PYJAMA.
WE HAVE A LARGE SELECTION IN FANCY STRIPES AT $18.50 PER SUIT.
ALSO
VIYELLA (Unshrinkable) POPLIN (Self Coliar & Cuffs)
$17.50
14.50
15.
19
"
10,50
.8.50
BLOCK STRIPES
LANE, CRAWFORD, LTD.
MEN'S STY LISTS.
FORMOSA
MACHINE MADE BRICKS
The most ideal BRICKS
unexcelled in
DURABILITY AND EFFICIENCY.
Stocks carried
LEUNG HON-CHI,
Agent.
30 and 31, Connaught Road Central. Tel. 0. 191.-
COLUMBIA NEW-PROCESS RECORDS
· CHOPINIANA”
POT-POURRI, OF EXCERPTS FROM CHOPIN
IN FOUR PARTS
BY HERMAN. FINCK'S ORCHESTRA Nos. 988-989
AT
ANDERSON'S.
WM POWELL, LTD
TAILORING
AND
GENT'S OUTFITTING DEPTS.
REMOVED TO OUR MAIN STORE
DES VOEUX ROAD.
BUSINESS AS USUAL.