imations.
A/S. WATSON 2 CO.,
THE HONGKONG TELEGRAPH, WEDNESDAY, MAY 23, o 8.
LTD., J. C. HALL, the newly appointed Acting
JEANS JUST PUURIVED A FURTHER SUPPLY
11.M.S. Swiff was at Ningpo and the Sapphire | THE N. C. Doily News remarks that Shanghai outside Woosung on the 18th inst.
loses an old resident, by the departure of Captain R. McQueen, who wa for many years in com mand of Dent & Co.'s, the Union Co.'s, and the C. N. Co.'s steamers. Captain McQueen Trine our to China in 1847 and has commanded" steamers since 1861. FONG LO HIP, aged 53, of Cantón, a paper
Assistant Judge at Shanghai, arrived at that put from Japan by the Messageries Maritimes deamte Djemnak on the 18th inst.
THE executors of the late General San Roman's will have handed over to the Spanish Academy [ONTSERRAT LINE FRUIT JUICE, his legacy of an autograph letter from Cervantes
CORDIALS,
JUJUBES, and
"TABLETS,
Mowon & Swan's
PATENE WATER FILTERS.
CBE DYSPOONSARY! #dablished AD, 1841.
ith Slay, 8
Telegraph
topengrisen. WieNESDAY, MAY-23, 1888,
TELEGRAMS.
(Reater)
In the Archbishop of Toledo, written twenty three days before his death.
Says the N. C. Daily News of the 17th inst:— | What might have otherwise been a serious
wvident happened on board the New Guinea |
-Tuesday night. While a 40-ton gun was heing lifted under sheers at Pootung, something went wrong with the hoisting gear, and the gun fell with a crash, doing some damage to the
ship. Fortunately no one was hurt.
+
*↑ "Tur 'Macap Independente inveighs against the
· {S | Lishon, Zornál das Colonias for the publicity that paper has lately given to the official scandals which have taken place in the Holy City. No clearer proof can the Independente give of its being a semi-official organ than its persistent though futile attempts to screen the faults and, peccadilloes of the unscrupulous filibusters who now and then appear in Macao under the guise of public functionaries.
"GERMANY AND FRANCE.
----- LONDON,-May-21st.— A Greman yaveller, has been stopped near the Premed for stier for ea valid reason. The North Gicon in flauette thereapon publishes an article in which it state that reprisals are probabic.
BRITISH DEFENCES.
The forhold engd Liverpool constituencies love se rod Cie portance of the fortification of all cenimercial pts.
WAL AND GENERAL.
**Canich u chant (ilanila, Captain 1. M. join this furennon font the capita!
Infos Paligiresun
Van KER, Turbobi, with Colonel Denby, the | Mineziena – Ministry, on board, left Amoy for
Borcansa on the 18th just,
*For Apravo eru teton empaced of the corvettes Pre val Carola Neferke harbour Byli mpening for Sigggporn,
Auto Tres Jo Wonsung for, Port Hondan, Naknuti apud Yokohama on the ight, and www Followed by the Harrity op The tutay
Tap Gamers Pathan wð Glamorganshire word no to Thinkow to loul tea on the 18th inst, At the date paved there were no fewer than tenth Ekumers in the Yangtze. The Masih Dauda reports the tatal loss of the meal by'intended for Cavite, on the 17th inst. The offer who carried the bag accidentally drop it into the sea, and all efforts to recover it proved useless,
Ávrporate ja pur Shanghai morning.cantem porary, the steamship Esmeralda has been purchased from Meger's. Reynell & Co. of Kobe for 45,000 rowly. Japanese, and will be employed ramning between Kabe and Yokohama.
The three men, Tam Achang. Kwong Ming, and Tong Sing, charged with assaulting and wounding Ng Sing, who has since died, in Tank Lane on the 18th instapt, were agaiù brought up at the Police Court today, Mr. Sercombe Smith prosling, Mr. Dennys appeared for the prose Caution and Me. J. F. Webber for the defence. After heating the evidence of a number of
|
HENRY STEPHENS, aged 19, a seaman by pro f-ssion, was lugged up before the "beak" this morning for being drunk and incapable in the public-streets on the 22nd-instDefendant had only come out of gant that morning and was found entirely non compos when the shades of night were falling. Mr. Sercombe Smith find the binilous tur five shekels of silver; in default of payment Henry was to retire from the public gore for three weeks, but to be released from durice vile if a ship could be found for him
fore the expiration of his term. MissHS. Bandinell & Co.'s Newchwang Trade Circular of the 12th inst, has the following-
Freights. The equity for tonnage continues, hui no seeking vessels have yet come this way, Qolations are:-
To Whampoo-steam j2 cents; sail 18 cents. To Amoy or Foer how--sail 32 to 34 cents. Arivals to date are fifty-two steamers and eleven sailing vessels, as against forty-four steamers and ten sailing vessels last year.
Shipping in port-Tamsui, Taiwan, Triumph, Hangchow, Wm. Pelucheur, Nicoya, and W. Siegfried
#1
"Induce is dearer, we quote ----
Beancakes, per to pieces..... Tis. 3.95 trans
3 piculs........
3:00 Beans Oil 95 Catlies.... 3.10 Sugar and metals are dull.
There is a great demand, but at unremunerative rates, for uncoloured cgton reds and for yarns Coloured piece goods alt if less' demand."
..........
morning sight boarding house -ners were charged at the Police Court with boarding the steiner Bisagne without the permission of the Captain on the 2and inst. in the waters of Hong. kong harbour. Leung Chang, P. C. 398, said that from his boat he observed the defendiots going up the steamer's side, and when they saw that he was watching them they tried to get back
into their sampans. Subsequently ha arrested
themon the deck of the steamers they told him they were accompanying hssengers. They had an passage tickets and the Health Officer had already passed the ship and gone asture. The first defendant, in answer to the Magistrate, said he had a passage ticket but had left it with a friend; he was intending to go to Singapore. He admitted being fined $10 only a few days ago for a simmar offence; at that time he was a runner, but he was new in business for himself He and the 4th defendant maintained that they were intending passengers while the others admitted the charge. Mr. Ser- combe-Smith fined, the first defendant Szoor two
was run in this morning for being found on the 22nd inst, in pos-crsion of 120 taels of prepared opium without a permit from the Opium Farmer. The charge being admitted Mr. Sercombe Smith fined Fong $300 or three months. The old gentleman decided on accept, ing free board, and forging for the term stuck.
ILOILO papers notify the murder of two police-1 men by three prisoners whom they had in custody on a journey from. Dumarao, to Bassi, On the person of one of the murdered men an official despatch was found giving the details of the individuals under escort, who were being sent to Iloilo for trial on a charge of murder. The local police authorities are employing all possible means to trace the criminals..
Hongkong,
1
‚'
2. That the respondents (plaintiffs) in pursue ance of the said contract delivered at the ship's side 50 tons of Australian and so or Takasima coal and whilst in the actal.
receiving the Australian coal on board and after 2 tons had been already received and plate by the appellant (defendant) in the ship's bunkers anti placed over other cost that was there before it was discovered that the remaining 79 tons of Australian coal was not up to description and they were rejected ing ther with all the Takasima coal which was not ex- amined at all.
THE TANK LANE AFFRÁY,
CRONER'S INQUEST.
The adjourned inquest on the death of Ni Stag, a banklar, whit on timmerday ba the Government Civil Hospital from ins received during an astry in Tank Line was held a day at the Magistracy, Mr. H Wodehouse, the Coroner, presiding. The July were Messrs. M. Heart, H. A, di Souza, and F. A. dos Remelios.
Me: 1. Lennys watched the case on behalf of the friends of the deceased.
Ng. Wa said I am a conlie, and knew the deceased; he was 29 years age, a bricklayer by trade, a clansman of mine, and he lived at
respective Solicitors and after consideration and the decision in Hart, and Mills gives the delivered a written judgment in favour of the authority for it. The cases of Grintoldby and plaintiffs.
Wells and Caustin and Chapman are cases of 3. By the said judgment these are found asle by sample. All the goods were delivered facts:
received by the defendants. Grimaldby and 1. That the maimiffe (the now roshandents Wellt decided that the defendant on discovering had contracted with the defendant (the that the tires were not up to sample, and having now.appellant) to sell and deliver to the given notice of rejection, was not bend to return defendant for a price to be paid by defen them, but to hold then at plaintiff's disposition, dant to the plaintiffs ice tons of coal go The case of Caustin and Chapman Was tons to be of the best or No. 1 Australian decided on the ground that the Ints of wine when ceal and 50 tons of the best Takasima discoveret to be bad were not rejected in reason- coal.'
ble time, but kept 8 months. There was a want of timeous rejection." In ny aninior the judgment should have been So the "quivalent of the 5 per cent discount which wa not paid into Court in addition to the som paid into Court-and the claim for the loss on the 70 Jons and the costs attending sale disallowed.
Market Street. On the 17th. inst, the The discount has been paid into Court since Inspector of Pulice arrested some gamblers at the appeal was give notice of "and, the
No: 27 Tank Lane. On the 18th at 11 am I was Judgment should be therefore for appellant ftain standing at the door of Me, so Tank Lang when I the date of paying in-with costs from that date saw a man named A chung coining up the Lane,
Mr. Justice Leach's judgment was as follows:-
and crying out cut the Hok-li men." The decensed on hearing this ran away, but fell Although I still entertain some doubt as to the down, whereupon Tom A-chung came up and proper meaning to be attributed to Jaron
cut him with a sword and then ran away. Two Alderson's words in Hart v. Mills reported in
others besides myself saw it and reported the 15 M. dud W. at p. 87- If yous bad sent only two dozen of each wine, you would be right took deceased to the station. A-chung mck matter to the police; we called a chair and concur in the judgment of the Acting Chief him twice with a sword over the left shoulder, Justice that under the circumstances of the case
because the Inspector arrested some gamblers a new contract to pay for the 21 tons of Australian
in Tank Lane and the deceased refused to pay Coal retained by the Appellants at the time they a fee of 40 cents as his share of a bribe to pay rejected or repudiated the remainder may h
the informers. I heard him say to the deceased implied. The Case of Couston v. Chapman all right; if you won't pay I will call my friends reported LR. Sc. Ap. 250, also has
to-morrow and we will cut you." There were afforded me some difficulty; it is difficulten men there when he said so. A-chung to see the difference in principle as to rejecting is a Purti man. On the following day at or repudiating goeds sold by same and goods o'clock I was standing at the door, of. No. sold by description or quality, at the some tine Tank Lane when I heard the men coming that the principle may be subject to an exception and crying out "cut the Hok-lo men such as in this case where the circumstances there were several tens of them armed with may imply a new contract to pay-Irany-case the opinion of the Acting Chief Justice prevails, lot of people, whom they hurt, as well as, the swords, revolvers and iron hars; they chased a and the judgment below though standing as to
deceased. No resistance was made to the the amount paid into Court by the appellants in the 1st instance, and as to the 3 per cent, discount
rowdics. The deceased was not in the gambling house the previous night. mounting to $473, must be reversed as to the payment by the Appellants of the price of the 79 tons rejected and the expenses in connection with their sale. The $1.73 which has since this Appeal been paid into Court must be paid to the
1
6. By the said judgment it was laid down as matter of law,
That the contract was an entire contract and not ivisable.
That the failure of the plaintiff to delver or tender for delivery coals of the descrip. tion contracted for would have entitled the defendant to repudiate the contract and to refuse to take delivery of the coals but for his receipt and retainer of part fe 3. That the receipt by the defendant of the 21 tons of coal hereinbefore mentioned and his retention and use of them constituted such an acceptance as pre- vented him from rescinding the contract and that he was-hound to take and pay for the whale of the coals at the contract price or damages for not accepting and paying,
of the 21 tons.
THIS morning Yeung Afat; a boarding house rout, aged 20, along with two other gentlemen of is acquaintance and in the same line of business,
out of the Colony by force on the 16th inst, three were charged with illegally attempting to take
farm labourers, for purposes of emigration. Onc dant on 11th inst, while at Teen-tan, in the of the complainants said he first saw the defen- San-ning district, when he told them he could. easily get tickets for three of them, if they thought of going to a foreign country; but he did not say willing to go, and the other two said the same: for what purpose. Complainant told him he'was He then got a passage boat which took the three emigrants to Macao, and after staying there two nights they were brought
I have had the advantage of reading the arriving on the 14th inst. Defendant paid all
judgment in extenso where the facts and expenses and took the greenhorns a boarding house le asked if they had anyone who was
points of law involved are set out at greater likely to hunt them up, and they replied that length than in the case, and especially the probably they had. He then took them to the think the law as to entire contracts is correctly Respondents. I agree as to the division of the reasoning on which' the finding was based. I Man Un Cheng shop, where he kept them one stated in the judgment, as deduced from the night, and then took them on board a large authorities, but I regret that cannot take steamer with a black funnel.” Complainant
view of the applicability, of the told him on the way to the ship that he did not want to go to Klang in case they should cases cited in support of the judgment to the sell him to people in Deli; but defendant made facts, in the present case, whilst I am unable to him go on hoard although he had agreed only su
distinguish the principles f decision in Hart and go to Perak. After further evidence had been taken; 11 is clear and settled law, it seems to the, that in Mills from that which governs the present case. sufficiently strong to convict the first prisons-an-entire and indivisible contract if goods are to-been-thoroughly thrashed out Mr. Sercombe-Smith sentenced him to six months imprisonment with hard labour, and six hours in the stuck in front of the Man Un |„CW'eong shap,
--
SUPREME COURT.
THE COAL DELIVERY APPEAL CASE.
To the Supreme Court (Appellate Jurisdiction) This afternoon, The Acting Chief Justice (the Hon J. Russell) and the Acting Puinne Judge (Mr. A. J. Leach) delivered judgment in the appeal Ku Hang Takz, Yeung Cheuk Hin Wang and AltCullock, instructed by Messrs. Wotton Shu Ting and another. M. J. Francis, QC, and Deacon) appared for the appellants, and the Attorney General (Mr. E O'Malley), instructed by Mr. Eens, for the respondents, The Acting Chief Justice's judgnient was as follows:-
The case comes before the Court as a case stateit, by may of apg from a judgment of the Court in its Summary Jurisdiction. The case
as stated is na follows:-
1. The appellant K Hung Tak is a therchant trading and carrying on business at 58 Bonham Strand under tic style or firm name of Ban Wo. The respondents are Yeung Cheuk Hin Wong Shu Tong and Yan Chung Ping trading together in copartnership in Hongkong as coal merchants under the style or firm name of Yee Sang and Company.
2. On or about the 2nd day of February, 1888, the respondents issued out of this Honorable Court in its Summary Jurisdiction a writ of summons No. 152 of 1888 against the appellant appellant as defendant the sum of $295 93 br goods sold and delivered, and also for damage sustained and expenses incurred by the plaintiffs for bicach of contract on the part of the defen
The
the same
costs.
The Acting Chief Justice, in reply to Mr. Francis, allowed the costs of the appeal to the appellanis.
The Attorney-General applied for leave to appeal on the question of fact.
The Acting Chief justice decided that it was loo late, for a re-hearing, the facts having already
Leave was given to Mr. Francis to mend.
20
Ng A-chow:-1'am a water carrier living in Tank Lane. On the 18th inst. at 11a.m. I was in a barber's shop, No 20 Tank Lane, with the last witness, when I saw the deceased running away "from a lot of people who were armed; he fell down' and then they overtook and cut him with a sword, striking as hard as they could. Deceased lay on the ground and was cut twice by Tam A-chung, ffon't know what it was all about, but I heard it was a row about gambling. ` Two or three others besides the deceased were hurt. A-chung, the man who struck deceased, is an informer against gamblers; I don't know why he should have attacked him.
Luk Chow Po-l'am an Interpreter at the Magistracy; on the 19th May I acted as interpreter between the Magistrate and the deceased who was then in a dying, state, but understood all that was said to him. He said he was coming through Tank Lane when he cut bin Amr called Tim Aching the saw a crowd of people, who, on coming near, with a hir knife, striking two blows on the left back with an iron bar. It was because A.chung had been asking for money, which he could not obtain,
arm, and then somebody else struck him on the
This concluded the evidence, and after the Goroner had briefly summed up, the jury returned a verdict of manslaughter against Tam A-chung,
LATE TELEGRAMS.
(From Rangoan Times.)
LONDON, May 5th, In the House of Commons last night Mr. Smith in renly to a question said that govern- ment hoped to place on the table of the House during the present session the report of the Royal Commission which has hgeb appointed toenquire into the administration of the naval and military services.
The Marquis of Hartington has consented to preside at the sitting of the Royal Commission on the Naval and Military resources of the, Empire.
ADEN, May 6th.
with sea, his Weskip remanded the case until mouths and the others $10 each or fourteen in which they as plaintiffs claimed from the mind of either party that they were separable or commenced an action against Ortiz, the defendant in a damaged condition bringing newsofserious
days.
'
5 tons of Australian Lump Coal and so tons of Takasima Lump Coal. The defendant took delivery of 11 tons of Australian cool but refused to take delivery of any mare coal and in cos. sequence the plaintiffs were obliged to sell the remaining coal by auction and incurred certain loss and expenaca.
The
The Orient Inc.steamer Garrone arrived here
collision in the Red Sea between herself and * steamer Lucinda from. Akyah. The Lucinda sank and two of her crew were drowned.
LONDON, May 6th.
The military representatives in the House of Commons are disanti-fied with the scope of
Mahomed Singh, PC, 630 Orthe 18th inst; answer a panicular description the vendee is
I went to a house in Market Street and found altogether and rescind the contract if they do entitled on delivery of them to reject them.
The deceased lying on a bed with blood stream- SHEK CHING CRUEN 7. ANGEL ORTIZ,ing from his shoulder; he appeared very not answer the description and e converso the vendor is entitled to say to the purchaser, if he Justice on a motion made by the defendants in brought him to the Station. Deceased told inc Judgment was delivered-by-the-Acting-Chief-adly-hurt-so-1-put-him-in-n-chair and _tenders goeds under an entire and-indivisible this case. The Attorney General (instructed by that man-in-a-certain-house had cut him and contract: You must take all or have none.. Reuler Messrs. Sharp, Johnson, and Stokes) appeared
on going there I found a lot of people who all and Sala 3 c.P.1). This is the law laid down generally in the judgment appealed from, and
for the defendants, and Mr. J. J. Francis, Q.C., ran away on my approach. for the plaintiffs. Judgment was as follows:- I confcas when I read it at first it seemed to me
This is a motion' under sec. XXXI of the that although it might be a hard case the rule Code to dismiss the petition without any answer. of law was clear enough that the purchaser The section of the Code states that where a could not pick and choose, retain portion and
defendant conceives that he has a good legal or reject another portion. But nothing is truer equitable defence to the petition so that even if and the facts and circumstances in this hired or clearly established the plaintiff than the proverb that circumstances alter cases,
the allegations of fact in the petition were case I think point to a different role than that of would not be entitled to any decree against him acceptance of all or rejection of all. The vendors (the defendant), he may raise this defence by a of coal contracted to supply n certain description motion that the petition be dismissed without of Australian and Takasima Coal. They sent coal alongside the ship which did not answer defendant claims that the plaintiff sues for any answer being required from him." The that description. But 21 tons of the coal was breach of covenant for title but has not alleged actually placed in the ship's bunkers over other
any breach. By the Code the plaintiff is to coal before it was discovered that the remainder
set out in his petition a narrative of the of the Australian coal was not up to description. material facts, matters and circumstances on Case stated by the above-named parties [Not in special case] (it was specially known to the which he relies and each paragraph is to appellant and respondent pursuant to leave suppliere of that coal that it was intendent for contain a separate and distinct statement or given by this Henarable Court under the pro- testing purposes) and the engineers of the ship allegation. The facts material to the establish Court Summary Jurisdiction Ordinance 1873," in the bunkers over other coal, and although is he alleged positively, briefly and clearly. The visions of Sections 51 and 54 of "The Supreme | rejected the 79 tons undelivered 21 ions were
ment of the plaintiff's right to recover are to Order dated 4 April, 1888.
is not found as a fact yet it may be inferred that it would have been physically impossible to objection of the defendant is in the nature of a demurrer, and therefore all the facts alleged separate the 21 tons from the other coal. If
in the petition must be taken as admitted. The the coal was not up to description could the coal dealer have successfully maintained an action alleges that the defendant sold a certain ship to 1st paragraph describes the plaintiff. The 2nd for non-acceptance Clearly not. He would plaintiff for a certain price and covenanted that have had to have alleged and proved that he the said ship was free from all incumbrances. had coal, ready for delivering answering the It does not appear whether there was an description contracted for before he could instrument in writing, or whether there was a recover. There is no attempt to send away the deed of sale, but the words covenant' suggest 21 tons received. There is no demand for their that there were. The 3rd paragraph states that return, and it seems to me that it would not have defendant delivered the vessel to plaintiff on the been possible, and that it did not enter into the 16th June and alleges that one J. H. Smith returnable. It would have hardly been just, it in this case, claiming that he, Smith, was entitled seems to me, to have required the ship owner to
to two 135th Shares in the ship, and that he receive the inferior coal which were exactly
and others were entitled to the use and possession what he did not want and would havé con- travened the object he had in view-viz to see further alleges that an injunction was granted of the said ship for 50 years. The paragraph
In the case of Hart and Mills the plaintiff did in any way dealing with the ship. The 4th not comply with the terms of the contract. He petition states that the claim of Smith in his erred in sending double the quantity. defendant was not bound to pick and choose the in January 1883, whereby Ortiz demised to suit was founded upon a deed of grant made quantity he ordered. He was therefore entitled Burchall and Robinson and their assigns for so to reject all. The plaintiff could not have sued him because he was not in a position to shew paingraph alleges that Ortiz took no step to have years the date of the said grant. The 5th that all conditions had been fulfilled. The the injunction dissolved, although repeatedly defendant there took a certain quantity of wine naked to do so, and the injunction remained in not from that agreed to be sent which he might force from June 1885 to March 1886-to the loss
ROME, May 7th. have been bound to accept-but from a larger and detriment of the present plaintiff, and in
The Emperor of Brazil is lying seriously ill at quantity, and the plaintiff does not seem to have breach of the defendant's covenant as aforesaid.
Milan. demanded it back. The Court held that there
LONDON, May 8th, As a new contract for the 13 bottles. In the removal of the said injunction and the The 6th paragraph says the plaintiff to obtain
Mr. Bradlaugh is pressing the Government in id B, C. 441,
the House of Commons regarding the Irrawaddy $780.60--Chtty on Contracts in the Hart and Mili release of the said ship paid to John Henry Smith Flotilla Company. He asked whether the Indian
the claim was for shipbroker's commission, and The other paragraphs need not be referred to for
a sum of $5,000 as security for his said claim. Goverment had been the largest shippers by 6. Shire Line 3.3. Pembrokeshire is loading Less on account from proceeds of sale by with quick despatch via Foochow atthe same rate.
question of custom arose. Parke J. said the the present purpose. It must therefore be taken from Rangoon to Mandalay, while private public auction............................................. 454.07
the Flotilla, and paid Rs. 26 per ton for freight plaintiff's claim rests on the custom and not on Thus the M C. Daily News of the 18th inst.:
From Hankow for London via Suez Canal :-The
as admited that defendant sold the abip free Balance due......$295.93 a quantum meruit. The custom supposes -Advantage has been taken of the enforced following steamers have proceeded to load new
special contract between the parties and if that of her, and that he was restrained from using
from incumbrances, that the plaintiff took delivery shippers paid only Rs. 15 to 30 for the same voyage. The matter has been referred to the *idleneng like Anting, while she is waiting for Teas, viz:-Mayuns, Glengyle, Promethels,
3. On or about the roth day of March, 1888, is not satisfied no claim at all arises for no her by the action of Smith. It must be taken
Government of India. that permit without which Sir John Walsham Ningehow and Benvenue. By latest telegraphic the appellaut filed the special defence which is contract can be implied. In some cases special
as admitted too that Smith founded his claim
BOMDAY, May 8th. as follows:-
contract not executed may give rise to a claim upon a deed of grant to Burchal and Robinson,
Ayub Khan and family and followers arrived will not allow her to tempt the perilous rapida, to advices the first named is expected to clear Take notice the defendant as a special defence in the nature of a quantum meruit; eg, where but the plaintiff does not allege that there was at Kumachee yesterday. miske some alterations which experience has on Saturday the 19th instant with a full to the plaintiff's claim in addition to the geneal a special contract has been made for goods, such a deed of grant. He only goes the length
LONDON, May 8th. shown to be desirable. A large steam chamber cargo at £3. Holt's s.s. Prometheus in circu-Issues says that the to tons of coal alleged Ir and goods sent, not according to the contract, of asserting that Smith alleged it, and..the
inted at 508 and the Glengyle at 30. For the plaintiffs to be the best Australian was tot are retained by the party, there a claim for the allegation cannot be widened. He does not state Glasgow Exhibition to-day.
The Prince and Princess of Wales opened the Russia direct The .. Tetarios, s. Moskwa Australian coal but was inferior Australian cal value on a quantum valebant may be supported, that Smith proved his allegation to be true, and steamship Aussia are on the berth, For mixed with other coal of an inferior kind and but there from the circumstances a new contract
PARIS, May 8th. and shewed that there was an incumbrance on may be implied. Now it seems to me that as
General Boulanger starts on Friday next to. the vessel at the date of sale to plaintiff visit Dunkirk, and Lille; great demonstrations Caual-The Glen Line steamship Glenshied with the plaintiffs. will be the first boat this season with new Teas That the engineers of the steamship Data arose between the parties. Had the at tons of
are being organised at both places in his honor. a trial trip yesterday afternoon. She left Boyd from Japan calling at Amoy-where she is due took delivery of ar tons of the Australian col coal been like bales of
defendant's covenant aforesaid.
LONDON, May 9th.. have been repudiated any covenant referred to that he would do so. I cannot find
Mr. Parnell speaking at the Eighty Club last- the shipping, and reaching the bottom of the cargo will be taken from this on through Bill of and mixed quality and the defendant pays inb and handed back, or demanded back by the Smith's action might have been entirely without night said that he was convinced that the Irish Seven-mile reach under easy steam at 3.32 She
Lading at probably 4 per 40 cubic feet. The Court the sum of $151.77 less 3 per cent di-vendor--but it seemed to be taken for granted justification. It might have been-on-asterly people will refuse to allow Roman Catholic Pre- Shire-Line-steamship-onmouthshire is dus count as allowed by custour being at the ratest-by-both that they were delivered past retura AIRİK” gained the top of the reach at 4.02, the patent log from Japan in about 3 weeks and will have $7.50 per ton for the said 21 tons but without new contract was impliedly entered into for them./ worthless documents, Even if there had been lates to dictate or influence them in any way-In ́ showing 5.95 knots in 30 minutes, was turned prompt despatch, calling at Amoy to complete admitting that the said 21 tons is of that market The ship owner was willing to pay for them. which Smith is said to have founded his claim Conservative Intrigue, carried, on with the any such dealing with the ship as that upon The papal brief was the result, he said, of round gaing full steam ahead, and started back her loading; rate is likely to be the same value and as to the 20 tons balance of the sad The coal owner sued for them as for goods sold there might have been a compleje release before Vatican, and will certainly fall to have dovin the reach. At the top of the Arsenal Reach, as Glenshiel Via Cape. The British
30 tons of coal alleged by the plaintiffs to be the and delivered age, her also succeptance of the the defendant sold the ship to the plaint. Ash effect in Ireland. The Irish Patty, and the best Australing, the defendant says that it was coint for damage for non-acceptance of the least it should have asserted that it was a lawful National League ware-never-connected with same interesting steering experiments were ship Alex Years is still loading at 209. river, going astern, half-speed, with the whaettant'and call at Hongkong for a quantity of not in accordance with the agreement made distinguish as the judgment does between claim of Smith succeeded, or whether he had to made, and she made two complete.circles in the per-40-cubio-fest. She will clear on the 19th-fmixed with other cost of au inferion, quality and-"~79jous, As-I-havo said-I-sugret-that-I-cannot claim. The dlli par., does not state wacther the
the Plan of Campaiga; if the Plan were beaten, cargo. The American ship. C. C. Chupan between the plaintiffs and defendant and he was Hat and Mills and the present case-except
the was not thereby defeated." half vet. Soune fonty minutes were occupied in 1587 tons register (shortly due from New York entitled to reject it and the 50 tons of Takasions the in Hart and Mills the plaintiff did not full pay any of the $5000 which was only a payment Plan of Cumpalgached Techyd, for the these minceuvres, and she then steamed back with a cargo of Kerosene Oil) has been chartered Lump coal us being part of the said contract bis contract because he supplied too great a that security at the request of plaintif or that
in security. He does not say that he gave manner of working, it had a bad effect on the. through the shipping, to Boyd's New, Dock, to arrive and is advertised to load here (calling which the plaintiffs failed to fall and that gudiify whilst the non compliance in the which was reached at 6 40 p.mi There is little at Hongkong to fill up). Rate £1 per 40 cubic therefore he is not indebted to the plaintiffs as contact in the present case was supplying goods plaintif was privy in any way to that act. I can political situation and caused the passing of the doubt that she will easily do Courteen miles when feet. All raies to London and New York ate now, alleged,
notip to description, quality. As in the former that the ship was encumbered when defendants that be declined to Interfere in the action taken find no specific allegation made by the plaintiff Coercion Bill. In conclusion Mr. Parnell said. the firemen, who were new to the work, have quoted net. Quolations are: Newchwang to 4. On or about the 15th and 17th days of Cauche defendant had only to pay for what he become accusteosed to the forced draught; and
sold and that he thus, broke, his contract, by Messes. Dillon and O'Brien, and other Swalew, 28 Mex. steam,
the so cominenced on tookand enquity just now. Cheloo to Swaton, 24. Mex. for hearing before. His Honor ble Justice Leach conter used on the ground of an implied new and it is not enough to say that in another sult Catholics in reference to the Pipal decree
саве the shipowner I think Smith or somebody else alleged that there was Professor Leone Levi'is dead. cents per picul, small demand. Nagasaki to sitting in the exercise of the Summary Jurisdieshout only have to pay for what he got and used. Shanghal, $140 per ton of Coal nett, for steamers, tion of this Honorable Court who after heating demand 1 $1.20 ex ship, for salling vessels. No the evidence tendered by the paris past that
defendant and the parties themselves by their disengaged vessels in port..
Moulay nextat ≈ 30 p.m., refusing to accede to Mr. Webber's application for bail.
Mersps, Wheelock & Co's Shanghai Freight Worn Esa, a fisherman, hailing from Macao, Market Report, of the 18th inst. says:-Qur was charged at the Magistracy this forenoon by freight market has been very duli since our last plaintiffs agreed to sell to the defendant what coal could be employed most economically, against the present plaintiff from removing or
advices, dated the ath instant, and we have no settlements to note. The charter quoted in our last circular of the American barque Matilda, 19 tons register, from Kuchinotze to San Francisco with coals has been cancelled and she sailed on the 13th instant for Victoria B. C. seeking. The British ship Clan Robertson, 1,625 tons register, just arrived from, New York will procced to Manila under home orders. For London, vi vual ports of call and Suez Canal :-Hate for
a Chiness officer of the excise with bailing and preparing opium on the and instant without a permit from the Opium Farmer. Complainant said that Shou-ki-wan yesterday, from informa than received, he went on hard defendant's boat and searched for ruium. He found about two mace stowed away near the cook-house, together with liling pans and other utensils. The accused on being taken in charge begged hard to be forgiven. In answer to the Magistrate, Bir. Wong said he came from Macao about a ́next P. &'O, steamer Verona leaving on the 29th- nth ago, and had brought, some opium instant is quoted at 3os, hence. Holt'ss.s. Cyclops with him, which had not yet been touched. Ten Mexicalis or three weeks. Take him away.
has been added to the boilers, her rudder has bern enivrged, and hand steering gear added,
Boyd & Co, having finished this work, she made
is advertised to sail on the 23rd instant at 275..
-Particulars of the claim appear below!
To 50 tons Australian coal at $7.50 per
$375.00 go tons Takasima Lump at $6 perton 300,00 2 Lighters from 18th to 26th inst., 9
days, at 5 each per day.... go.co Surveyors' Tee .........................................
15.00
Read v. Rum
cited
in
and her houses have been re-arranged. Messrs. New York, við usual ports of call and Suez was not coal as contracted for by the defendait the coal received and used a new contract The plaintiff alleges that defendants took no
to
& Co.'s Wharf at 4.35, proceeding slowly through about fath proxima. A limited quantity of before the defendant was aware of the inferir of wine, they might mishings, or a quantity step to remove the injunction in breach of the
with the great bandiness she now shews, par- ticularly when going astern, the may be trusted to reach Chungking with case, as soon as Sir Johus representationy s the Taung-li Yamén have bad the necessary f
1
reference to the Royal Commission on the services; they say that the points to be ascertained administration of the Naval and Military
are not sufficiently comprehensive, and they of the Fmpire which has been excluded from demand enquiry into the efficiency of the forces the reference.
I
the matter of the duty they owe to their country.
This eault is consonant with what the learned plaintiff in that other sult succeeded in his The Mandalay Hirala, publishes an account
an incumbrance without an averment that the icy - MANDALAY, May gih, thinthe dictum of Parke Jin Road and Rume. The petition most agrefore be dismissed. Judgdfelt to be the justice of the case, and 1 claim or that such an encumbrance existed.. of the burning of Kouksal by the dacolts, and w
the loss of Lieutenant Williamson and twelvD,