Light-weight WATERPROOFS
An easy fitting light weight waterproof cut on generous lines, storm collar and lined over shoulders.
Details of make and finish are given more than usual attention in the manufacture thus providing the acme of weatherproof coats.
$19.50 each.
Less 10% Cash Discount,
MACKINTOSHS TD
MEN'S WEAR SPECIALISTS
EVERYTHING
GE.C. ELECTRICAL
"Magnet" ELECTRIC FANS
MADE IN ENGLAND
Price with Rod
£5.18.6.
andyan J:
Speed Regulator 15/6d.
"KINGSWAY" CEILING FAN 56 Sweep.
Price with Rod £4.12 6.
Speed Regulator 15/6d.
"KINGSWAY JUNIOR" CEILING FAN 44" Sweep.
The KINGSWAY" Ceiling Fans are specially designed for use in tropical climates. They are practically noiseless and represent a marked improvement on any other alternating current ceiling fan hitherto produced.
For further particulars please apply :—.
The General Electric Co. of China, Ltd. Queen's Building, Hong Kong.
♫
COMING TO THE CENTRAL
UFATON
LILLIAN HARVEY
AND
HENRY GARAT
IN
CONGRESS DANCES'
THE SENSATIONAL MUSICAL ROMANCE OF THE 18TH CENTURY,
HONG KONG DAILY PRESS, THURSDAY, JULY 6, 1933
ECHOES OF
1858
-THE FIGHT FOR ORDERED GOVERNMENT
IN HONG KONG
9. -Editor of Daily Press sent to
Prison
The case in which we were deall written communications should fendant for a libel alleged to have been committed in our issue of 20th
February, came off yesterday. We were tried for exciting H.M. sub- jects to hatred and contempt of Her Government As this comes under the denomination of a sedi- tions libel, justification would not Avail us, inasmuch as the truth or falsehood of the allegations, has nothing to do with it. Consequent ly we could put in no other plea but not guilty.
Notwithstanding Guit Counsel most distinctly proved, as it ep. peared to us that such was the law, and that consequently the Crown could not adduce evidence of the falsehood of the allegations, inasmuch as we could not bring forward evidence of their veracity, still the Attorney-General allowed, this unfair privilege.
Was
The indictment notwithstanding,
JUDGMENT FOR CHINESE FIRM
· Claim Against Keller Kern & Co..
STAY OF EXECUTION
SOUGHT
The Chief Justice yesterday gave judgment with cost for the Kwong Yuen firm who claimed 83,200 from Messra Keller Kern & Co., for damages for non-delivery of a quan. tity of serge..
come under the surveillance of the jail authorities, we feel debarred from inflicting our readers with any remarks upon the libel case, inasmuch as having hitherto enjoy Led the privilege of exemption from
the rule referred to, we should be making a poor return for the kind ness voluntarily extended towards us, if we were to discuss a subject we can have but one opinion upon. In fact, the Daily Press is gaggede to avoid it being stopped alto gether.-Hong Kong, April 92,
1858.
OTHER MATTERS OF INTEREST.
Mr. R. C. H. Lim, instructed by Mr Peter Sin, appeared for the plaintiffs, and Mr. Leo D'Almada Castro, junior, instructed by Messrs. Wilkinson & Grist, was for the defendants.
In giving judgment, His Lord. ship said:
This is an action by buyers under 4. contract for the sale of goods. They sue for damages for non de-
The following are taken from our livery. advertisement "columns:-
NOTICE
The offices of the Commercial
the judge would and did try us for | Bank of India is removed to No,
a false, slanderous and malicious | 27, Hollywood Road, corner of libel against Sir John Bowring, Pottinger Street.
HENRY RUTTER (Acting Agent).
PUBLIC AUCTION.
The Attorney-General never hinted at sedition, hatred on 'contempt.' For these we were indicted-for libelling Sir John Bowring wo were tried, convicted, and sentenced to · LANE, CRAWFORD & CO., will six months' imprisonment, and then sell by public auction to-morrow, Line of £100 or further imprison-Thursday, 7th January, 1858, at ment until the sum is paid.
goon, at Messrs. Fletcher & Co.'s Godown, for the benefit of the con- cerned-
must
The delivery of the sentence was intimidatory towards the Press, and evidently meant so to be We do not think in the para- graph complained of that, we ex- ceeded the due bounds assigned to the liberty of the Prese. We simply imputed favouritism and no more. In two of the charges wo made, if favouritism was not ad- mittel, it was never attempted to be disprovel; and in the others, we only repeated what had already been stated by our contemporaries. -Hong Kong, April 20, 1938,
It having been hinted to us that according to Prison Regulations,
OUR LONDON AIR- MAIL LETTER
'ostinued from. Page 13
Vi
12 Bales Cotton Yarn and a quantity of Nail Rod and Bar Iron, damaged by sea
water. Terms of sale:-Cash in Mexican Dollars, weighed at 7.1.7.
BERNARD & BRIGGS
Boot and Shoe Makers From London Have opened, No. 666 Graham Street, Hong Kong.
December 1st, 1857.
For protection against the claim, the sellers rely upon a term in the contract, which is 'na follows:
Clause 10. If any claim is made, sollers reserve the right to take over the cargo for their own ne- .count and no compensation can be
claimed by buyers."
I will assume that the sellers have here purported to net, under this clause.
The question remains whether in the circumstances here arising they can be taking this step escape liability in damages for non de- livery.
In my view the above clause only operated when goods have been de- livered to, and retained by, the buyer. If then the buyer should. not be content with his bargain and should make a claim against the seller, the seller may under this clause elect to retake the goods and to cancel the contract. The words to take over the cargo "for their own account" must imply that the sellers have lost possession of the goods sold and propose to regain
it.
Every description of saddlery re- In the present case there has paired"
been no delivery. It has been as Parties attended as their own resumed in argument that the sellers sidenee.
TRADE MARK
DISPUTE
ALLEGED INFRINGEMENT OF POMPEIA ' MARK
in a
LORD GORELL
Before Mr. Schofield yesterday, Lord Gorell is, I believe, to be the new editor of the "Cornhill an interesting legal point in re- Magazine," in succession to Dr. gard to trade-marks arose Leonard Huxley He has for some Co., agents for L. T. Piver's summons by Messrs. Loxley and years been
partner in the hou Pompeia hair lotion, of John Murray, which publishes
against, Leung Sam Kee a Chinese dealer. the famous old monthly,
Young Mr. John Gray Murray Pompeia trade mark was refused Although registration of the who joined up at Albemarle-strain Hong Kong because in the view when he left Oxford, will Lord Gorel in the editorship.
64
DRAGON DELIVERED
AND TESTED
The Prince of Wales's new D.H. "Dragon" aeroplane, the purchase of which was announced at the time his Royal Highness bought the Vickers Viastra," has now been delivered.
of the Registrar it conflicted with another European mark already on the register, Mr. O.E.C. Mar- ton contended that it came under the general protection extended to British Colonies of the Home Act. He pointed out that the mark was registered in France and England between which two countries there had been a mutual regulation ot trade-marks.
Mr. FX D'Almada, Snr, for This brings the number of the the defendant, disagreed. He said Prince's aircraft to six. The latest plane has been tested by ed. in respect of particular goods that a trademark must be register Fit Lt. E. B. Fieldan, the Prince's or class of goods. Local registra- personal pilot. Like the "Vias- tra," it is a twin-engined aero- plane, but is a biplane.
tion was absent from the case."
Mr. Schofield up-held Mr. Mar- The fuselage and wings are finish-ton's submission regarding the ap- ed in scarlet and blue, the Brigade plicability of the Home Act and. of Guards' colours. The cabin colour scheme is red and fawn.
It is instrumentally equipped for night-flying and for "blind" fly ing in clouds. The cabin walls are packed with soundproof padding. In the cabin panelling five dil- ferent kinds of wood, all grown in the British Empire, are use, pack- ings of chamois leather and sound! deadening blankets, and insulated windows of double thickness make the cabin remarkably quiet. Smok. ing in it is permitted.
At the rear of the cabin there is 14. comparment storing writing
materials, a typewriter, and a gramophone. There is an electric heater, a kettle, and a small re- frigerator.
ROYAL ARCH MASONIC APPOINTMENT
Order-in-Council.
tendered good, under the contract, which the buyers rejected But even that is not so. It appears clearly from the correspondence that these goods were never ten- dered in fulfilment of the contract. They were offered in lieu of fulfil ment. At the outset of these nege. tiations the defendants frankly and honestly admitted the mistako which had been made.
The interpretation of clause 10 which I here adopt seems to me to be evident from its own language, hut I would add that it would re quire very explicit terms to embody the meaning for which the defend- dause is to avail them here such ants have here contended. If the
a șconstruction would amount to
this, namely, that in any circum stances whatsoever the sellers could escape liability for non perform. on a claim by the buyers arising ance of their contract by a mere declaration that it was their inten tion to retain the goods. The clause, in my opinion, does not say this and does not mean this..
Furthermore, my construction' is. supported by the Chinese version in the contract of clause 10, which appears to speak of "re-taking the goods,"
A submission has been made for the defendants that damages to bo awarded, if any, should be merely nominal. This submission is based have been delivered under a con- upon precedents where goods sold tract and have been returned to the seller. But in the present case there has been no delivery.
In my view this claim succeeda. I therefore enter judgment for the plaintiffs for the damages claim.
The case was then adjourned for ed, with costs. evidence to be heard.
WELL DONE!
MAGISTRATE PRAISE DISTRICT WATCHMEN
"Those District Watchmen are Wynne Jones, yesterday at the close extraordinarily good." said Mr. of a pick-pocket case.
It was shows in evidence that a buy of twelve was enticed by * man of twenty on a pick-pocketing venture in the city. The man was sentenced to six months and the youngster, who had had a previous conviction for house breaking, re- ceived eight strokes with the came
Mr. D'Almada: Will your Lord- ship grant a stay of execution pend- ing an appeal î
The Chief Justice (to Mr. Lim): Have you anything to say about that 1
Mr. Lim: Payment should, be made into Court for security.
His Lordship (to Mr. D'Almada); How long would you want! Lord. It is question of having Mr. D'Almada: Three weeks, my
to cable to Europe.
His Lordship accordingly granted a stay of three weeks. Payment was to be made into Court within four days.
KING ALFONSO RELENTS
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VICKERS LONDON DRY GIN or OLD TOM
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$2.50 (Before $3.00)
D. C. L. LONDON DRY GIN OR OLD TOM
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TEACHER'S WHISKY
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A TIN OF
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AUSTRALIAN TRIBAL VENDETTA
ABORIGINES VOW AGAINST
ese.
JAPANESE
Americana
BALI DANCERS
LARGE PARTY TO TOUR AMERICA
Medan.For most Brisbane (Queensland).-Serious who visit the East, Bali is one of trouble with the natives of North- the most alluring show places" in ern Australia is feared following a this part of the world. It is now decision of the aborigines of Ara reported from Batavia that a mem.... hem Land (the coastal area) to ber of the People's Council, “Mr. swear a vendetta against all Japan-Bakawati, intends to leave for America with a company of 50 The Duke of Connaught, the
The aborigines fave taken this Balinese. The company consists of First Grand Principal of England,
vow, because of assaults on their 14 women dancers, 38 men dancers has appointed Admiral. Sir. Lionel!
Evian Les Bains, June 24.-Hav. "holy girls" by Japanese who fish and players of the gamelan, They Halsey to be Grand Superintendent | year.
in North Australian waters.
will visit various towns in the U.8. for Herfordshire, and he will be
ing done his duty' as a king by
It is asserted that the fishermen, beginning at Washington, Hertfordshire has been a Royal disinheriting his second son from installed by the Pro First Grand Arch Province since 1813, when Col. his rights of succession for marry-aborigines on Melville Island and Holland and British India,
have, ill-treated and terrorised to this Mr. Sukawati ia, going to Principal, Lord Ampthill, on Oct. Andrew Dennis D'Kelly was in ing a commoner ex-King Alfonso
stalled Grand Superintendent. He has revealed a
more benevolent parts of Bathurst Island. The position of Grand Superin- was followed by William Stuart in parental trait to the joy of the Similar reports come from othering to search for the murderers of tendent of Hertfordshire has been 1844, Sir Frederick Halsey, Adml. newly wed "Monseur and Madame areas outside the influence of the two Japanese who were killed for vacant since the death of Mr. C-E. Halsey's father, in 1875, and Charde Bourbon' who received an unmissions.
interfering with a holy girl" before Keyser in 1920, and the Province les Edward Keyser in 1994.
expected telegram conveying the Now a meeting of tribal leaders the present vendetta, was hinted at, has also been without a Prov. Adml. Halsey will thus be follow ex-King's blessing and good he owed vengeance.
It is feared that they will meet Grand Second Principal (in charge) | ing his father as the head of both wishes. The couple now' contem- The aborigines threaten to mur; with hostility from the natives, since the death of Mr. W. Hamil, the Craft and Royal Arch Degres plates abandoning the boneymoon der any Japanese who dares to en-who are determind to enforce the ton Underhill at the end of last There are now twenty two Royal at the Tyrol and going instead to ter Arnhem Land.
tribal law against outrages on. (Continued at foot of next column) Arch Chapters in the Province. visit Allonso at Fountainebleau. A police party is already prepar girl
13.
Prior
1: