Yours,
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THE HONGKONG TELEGRAPH, MONDAY, MARCH 26, 1900.
TÚFATRE ROYAL,
these our heartfelt sentiments; and while we: assure you' that our best wishes go with you,, on your well merited holiday, we trust to see
The Dallas Company gave their second per- you back among us soon again rosted and reformance of "A Runaway Girl on Saturday evening to a crowded and most enthusiastic invigorated to carry on a work now so popular house. There can be no doubt that this piece and indispensable.
We are, Esteemed Sir,
has caught on" in Hongkong and the seats are rapidly being filled up for Thursday next, Hongkong, March 24th, 1900,
when it is to be repeated. Jack and Tommy took up the chorus of "Soldiers in the Park" (Hear, hear; and thundering applause !) The address was written on vellum, beauti.with great gusto and it was encored no less fully ornamented with plush and silver facings than three times. In fact there were very few and was signed by twenty-three ex-pupils. songs rendered that were not demanded again The remainder of the evening was spent in and the members of the Company should be pleasant social intercourse, the Company gratified at the reception accorded to them.. breaking up at 11.30.
Alice and Flipper were excruciatingly funny and the dance of the latter fairly brought.down the house. Tonight Mr. Dallas stages "His Excellency the Governor" and from the state of the booking at noon it was easily to be seen that another crowded house is assured.
Great praise is due to the Committee, Messrs. Ruttonjec, E. Asger, M. E. Asger, A. F. Stock hausen and H. Yacobji for the admirable manner in which the arrangements were planned and carried out.
ANTI-FOOTBINDING NOTES.
CORRESPONDENCE.
(We do not necessarily endorse the opinions expressed by Correspondents in this column]
TO THE EDITOr of the "Hongkong Trusgrad.”),
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and on or about the 29th March, 1891 a balance of $389,931.18 became due and owing to the said Bank by the said Duho Mebys and Com- pany otherwise Melbys in respect the drafts drawn under the aforesaid letter of Credit and the said Bank retained possession of 1974 of the said 1077 shares three of the said 1077 shares not the property of the Plaintif having subsequently been redeemed by the said Dunn Melbye and Company.
7. On or about 27th March, 1895 an order was made by, the High Court of Justice in England for the winding up of the aforesaid Bank of China Japan and the Straits Limited subject to the supervision of the said Court and the Defendant Bank on or about..15th Oc. tober, 1895 became the lawful assignee of the debts assets rights, and securities of the said lank of China Japan and Straits Limited and as such took over and still retain possession of the aforesaid 1074 shares of the Hongkong and Shanghai Banking Corporation including the said 250 shares the property of the plaintiff subject to such right or redemption as is existing in respect of the said shares.
The plaintiff therefore prays :-
(1) A declaration that he is entitled to redeem the zoo shares of the Hongkong and Shanghai Banking Corporation belonging to the plaintiff hereinhefure mentioned upon paying in the defendant $358.12 per share together with interest thereon after the rate of 7 per centum per annum until payment from the 25th August. 189: less such sums as have been received in respect of dividends on the said 200 shares since the said 25th August 1891 and less also the said sum of $4,000 paid by the plaintiff, to the said Melbye, as margin, as above. mentioned, Dr.
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5. Since the 4th August 1891 the aforesaid BY MRS. ARCHIBALD LITTLE.
Hank of China Japan and the Straits Limited So much interest has been showing in this
SIR, Referring to M. H. W's letter appear-and-the defendant Bank have respectively te movement in Hongkong that a few notes on ing in your issue of the 23rd inst., I can hardly ceived various large sums as dividends on the subsequent meetings, may prove of interest. endorse the whole of his remarks inasmuch aforesaid 1074 shares but no part of the said The community meeting is always difficuli, for
balance of $389,931.18 has been paid off. as the alleged "want of consideration" re how to get people to come together in order to dounded to our credit and proved our steadiz have their interest roused in a matter, that daysness in a rather trying position, but I must say not already interest them--was managed in that I think it is hardly fair to "E" Company quite a novel malter at Swatow, The Austrian to ask them on the occasion of the General's man war Zenter had already promised its inspection to execute movements for which they band to Mr. and Mrs. Boyd Bredon-my kind have had no previous training as they are not hosts there for an afternoon panty, everyone usually drilled the same as infantry; was invited, and the garden party being some- However, the first duty of a soldier is obe what spoiled by torents of rain an anti-foot-dience and there is nothing to do but submit, binding speech in the drawing room serves as an though I suppose M. H. W. in common with Interlude in the music, affording the musicians every other soldier may reserve his right to an opportunity for rest and refreshment. The grumble occasionally. Missionaries have worked hard for years past Thanking you anticipation. in Swalow, and all the Chinese Christians are
I am, Sir, pledged against binding notwithstanding this
Yours nhediently, meetings were held for them on opposite sidies in the morning a mixed meeting at of the river,
Hongkong, March 26th, 1900. the American Baptist Chapel, Ur. Foster inter- preting and presiding, and in the afternoon for
LEGAL INTELLIGENCE. women only at the English Presbyterian Mission, Dr. Gibson presiding and interpreting, as the only lady available feared that her voice would' not reach to the end of tlie long chapel. After- this second necting several of those present were kind enough to let their feet be examined, and it became evident feet in Swatow are bound quite differently from elsewhere, narrowed not shortened, having thus not that distressing cleft between heef and fleshy fore part of foot. They are generally not bound till 13, thus allowing for a certain amount of field work being got first out of the little girls, who however must suffer fur more, their fest being fully formed.
The most exciting for me however was a visit 1 went to Kityang with Mrs. Foster for four hours by steam launch up a river there. Mr. and Mrs. Speicher said it would be impossible to call a meeting but they had armaged for a series of visits to six of the leading families of the place. We therefore set out directly after luncheon, and to our delight and surprise in nearly every house we found not only the children not hound but the ladies of the house unbinding in one the lady of the house said: *My feet were bount at 8 years old. Three years ago I began to unbind them, and now they are perfectly right again. In another one of the ladies was very unhappy over two foes that would not come up. They have a method there of tying strings round their toes, and pulling them up from under their feet. In an- other house a lady had been unbinding for some months, another was just going to begin, In another the mistress of the house considered herself too stout and heavy on her feat to try experiments with them, but her daughters and daughters-in-law were unbinding. At each house the arrival of three foreign ladies in chains caused a little sensation, and the room quickly filled up with people curious to hear what we had come for, so instead of having no meeting in Kityang we had a succession. On the table of one house the number of the Wae Kuois Kung Pao with my portrait was laid open on the table just as it might have been in a foreign house in expectation of a visit. If Kityang be taken as a fair specimen of a pro- vincial centre the anti-foot-binding movement must be much wider spread than we fancy, for none of this unbinding has been dong under foreign influence.
AMONG THE OLDEST ANTI-FOOT-BINDING CENTRE IN CHINA.
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A. J. M. F.
(2) in the alternative in case it should appear to the Court that the abovementioned Melbye | was not merely the pledgee of the said 200 shares but was the agent of the plaintiff to pledge the said 200 shares with the said Bank of China Japan and the Straits Limited then the plaintif pays a Declaration that he is entitled to redeem the aforesaid 200 shares upon payment to defendant Bank of the proper (Before Sir John Carrington, K., C., proportion (due in respect of the sui 200
shares) of the abovementioned principal sum of $580.931.18together with shuple interest thereon from the 28th larch 1891 less all dividends received on thd said 200 shares.
SUPREME COURT. IN ORIGINAL JURISDICTION.
Chief Justice)
March 26th.
E. R. DELILIOS V. BANK OF CHINA AND JAPAN, LIMITED.
This morning at the Supreme Court the above, case came on for hearing before Sir John Carrington, Kt, C.M.G., and a special jury, Messrs. J. J. Francis, Q.C., and H. E. Pollock (instructed by Messrs. Johnson, Stokes and Master) appeared for the defendants, and Messrs. Slade and E. Robinson (instructed by Messrs. Deacon and Hastings) for the plaintif
The following gentlemen composed the special jury:-Messis, T. F. Hough, N. A. Sichs, W. M. Watson, D. W. Craddock, E. A. Ram, J. N. Goesman, and Louis Berindongue.
On Mr. W. D. Graham's name being called he asked to be excused as he was departing for Europe on the 4th proxime, and had not yet made his final arrangements. His Lordship granted the application.
Mr. Slade read the following plaadings in the case
PETITION.
1. The Plaintiff resides at Victoria in the Colony of Hongkong and is a Merchant n member of the Legislative Council of Hong kong and a Companion ofthe most distinguished Order of St. Michael and St. George.
2. The Defendant is
Company duly in corporated in England under the Companies Acts 1862 to 1800 and carries on the business of a Banker in London Hongkong and else- where..
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which said letter of credit authorized the said Dunn Melbye and Company as such agents as aforesaid to draw drafts at six months sight under their firm name upon the said Bank at its London office for any amounts
not exceeding in the aggregate 60,000 and the said Letter of Credit was issued upon the terms that the said Dunn Melbye and Company should as such Agents aforesaid deposit with the said Bank scrips and Blank Transfer Deeds for shares of the Hongkong and Shanghai Banking Corporation to the full value at the then rates of the drafts drawn under the aforesaid Letter of Credit by the said Dunn Melbye and Company and that the shares so deposited should be transferred to the name of a nominee of the said Bank and that the said Dunn Melbys and Company as such Agents as aforesaid should farther deposit with the said Bank a cash margin of $20 per share subject to the said Bank paying interest on suck deposit at the rate of 33 per cent per annum and that the said Dunn Melbye and Company as such Agents as aforesaid should also pay the said Bank a commission of 1 per | cent, on the amount of the drafts of the said | Dunn Melbye and Company under the share Letter of Credit and that the said Dunn Melbye and Company as such agents as aforesaid should hand to the said Bank an undertaking to place it in funds to meet at maturity the drafts of the said Dunn Melbye and Company drawn under the said Letter of Credit,
4. In answer to paragraph 5 of the l'etition the defendants say as follows:-The said Dunn Melbyeand Company as such Agents as aforesaid drew bills under the said Letter of Credit to the extent of £60,000 and duly fulfilled the aforesaid conditions and caused scrip cer tificates and blank transfer for 1077 shares of the Hongkong and Shangkai Banking Cors porationer exceeding in value at the then markel price £60,000 to be deposited with the said Bank which said scrip certificates and blank, transfers included the certificates and blank transfers for 200 shares then belonging to the plaintiff but such z00 shares then belonging to the Plaintiff were in no way kept separate or distinct from the other 877 shares de- posited with the said Bank nor camarked in any way at the time of the deposit of the said 1077 shares with the said Bank the said Bank had notice that some of the said 1077 shares were not the property of the said Duna Melbye and Company and that 200 of the said 1077 shares were the property of the Plaintiff.
5. In answer to pámgraph 6 of the Petition the Defendants say as follows:-The said Dung Melbye and Company did not place the Bank 3. An order directing un account to be taken in funds to meet any of the drafts of the said -of-chat-is due to fe defendant Dank-by-the--Dunn-Melbye-and- Company under-the said plaintiff in respect of the said 200 shares. letter of Credit at maturity. The Bank paid all the said draft at maturity and on or about the 29th day of March 1892 á balance of £60,000. sterling became due and owing to the said Bank by the said Danu Melbye and Company as drawers in respect of the drafts drawn untie
4. An order directing the defendant Bank to deliver up or retransfer the said 200 shares to the plaintiff upon payment by his of the sum found due to the Tiefendant Bauk upon the taking of the account last mentioned.
4. Plaintiff's costs of suit.
the aforesaid Letter of Credit and the Plaintiff
6. Such other and further relief as to this and the said Melbye and the said Coxon' also Honourable Court may seen inect.
Dated July 7th 1899. --
(sd.) ED. ROBINSON,
of Counsel tor Plaintiff.
ANSWER.
1. The defendant Bank admits the truth of the allegations contained in paragraphs 1 and 2 of the Petition.
2. The defendant Blank does not admit the truth of any of the allegations contained in paragraphs 3, 4, 5, 6, 7 and 8 of the Petition or any of such paragraphs and the defendant Bank calls upon the plaintiff to prove the truth of such allegations.
became liable as such principals of the said Dann Melbye and Company as aforesaid to pay to the said Bank & proportionate part of the Said Sum of £60,000 sterling in proportion to the number of the said shares which they had agreed should be deposited with the said Bank as security for the said loan. The said Bank retained possession of 1074 of the said 1077 shares under the following circumstances, that is to say on or about the 25th day of September 1891, 225 out of the said 1077 shares were de livered out by the said Bank to the said Coxon on a delivery order in favour signed by Messers Dunn Melbye and Company and upon pay- 3. In the alternative the defendant Bankment to the said Bank of the Sum of $72,450, says that if the defendant Bank ever had in its and during the month of October 1897, 222 possession 200 shares belonging to the plaintiff shares only were handed in the said Bank the plaintiff has long since parted with his-pro-to replace the said 223 shares against payment perty in all the said 200 shares to one Peter by the said Bank of the Sum of $71,484 thus Emil Helga Melbye who is mentioned in the making the total number of the said shares Petition.
held by the said Bank as security 1074. The sail Dunn Melbye and Company did not redeem 3 ur any shares.
5. The defendant Bank also says that the plaintiff's claim is a state demand and that the plaintiff's conduct and laches and acquiescence and delay in connection with his alleged claim. has been such as to disentitle him to any relief whatever.
Hongkong, 21st day of August, 18099.
(sa) H. E. POLLOCK,
Counsel for defendants. AMENDED ANSWER.
1. The defendants admit the truth of the allegations contained in paragraphs 1, 2 and 7 of the Petition save that as regards paragraph 7 of the Petition they deny that 200 shares or any shares out of the 1374 shares in the said paragraph referred to were on the 15th of Octo: ber 1895 or now are the property of the plaintiff and the defendants deny that the plaintiff has any right of redemption in respect of 200 or any of the said 1074 shares.
4. And by way of further alternative the 3. In or about the month of August 1891 the defendant Bank says that the plaintiff's cause Plaintiff bought through oad C. L. S. Coxon at of action (if any) in this suit did not accrue the price of $338.12 per share 200 shares of the within six years and that such cause of action Hongkong and Shanghai Banking Corporation (if any) is either barred by the Statute of Limi upon the express condition that one l'eter Emiliations by analogy to the Statute of Limita Helga Melbye should finance and carry the tions. same for the Plaintiff which the said Melbye agreed to do upon condition that the Plaintiff would deposit the said 200 shares with him as security and would further deposit with him the said Melbye a cash margin of $20 per share. The Plaintiff agreed to the aforesaid conditions and caused scrip certificates fur the said 200 shares together with blank On the Sunday there was a full attendance transfers thereof to be deposited with the said at the London Mission Chapel, and what with Melbye and subsequently paid to him by Com- smartly dressed hair with flowers prettily arrange pradore Order on the 29th August Tågt as cash ed in it, and natural feet in the trim shoes pe margin as aforesaid the sum of $4,000 being at the rate of $20 per share on the said zoo shares, culiar to Amoy it was quite a pleasure to
4. The sak! Melbye carried and financed the look at the congregation besides that of having such a splendid interpreter as Mr. Macgowanid 240 shares together with 877 other like wan, the staunch and doughty fighter fornatural shares not belonging to the plaintiff by procur- feet. There was a large gathering of all the ing the aforesaid Bank of China Japan and the Chinese Christians at the Presbyterian Chapel Straits Limited on or about the 24th August on a weekday presided over by another veteran 1891 to issue to him under his style or firm champion, Mr. Macgregor, and a very cheery name of Dunn Melbye & Company a letter of Chinese ladies' party at Mrs. 1. Roadberts, Credit on the Office of the said Bank in Lon when in spite of unpropitious weather and don which said letter of Credit authorised the its being the fifteenth of the Chinese moon the said Melbye to draw drafts at 6 month's quite a little gathering of Chinese ladies as sight under his style or firm name of Dunn sembled and condemned foot binding-in Melbye and Company upon the said Bank at its London Office for any amounts not exceeding other people. There was also a most hearty in the aggregate £60,000 and the said Letter and generous community gathering at the Club Theatre one evening; but the great of Credit was issued upon the terms that the event at Amoy was a Chinese meeting in the said Dunn Melbye and Company otherwise same place, gain presided over by H. B. M.'s Melbye should deposit with the said Bank Consul, Mr. Mansfield, and to which the Scrips and Blank Transfer Deeds for shares of Inotaj, several other officials and all the the Hongkong and Shanghai Banking Corpora- notabilities of Amoy came.. A Chinese gentle tion to the full value of the drafts drawn under man interpreted into Mandarin, and then for the aforesaid Letter of Credit by the said Dunn the benefit of those who neither understood Melbye and Company and that the shares so English nor Mandarin Mr. Macgowan again deposited should be transfered to the game of a interpreted with ease and spirit into the Amoy nominee of the said Bank and that the said dialect. Several of the Mandarins, with the
Dunn Melbye and Company otherwise Melbye Taotai among them, there and then joined the should further deposit with the said Bank a New Tau Hui as life members, and the Tratai cash margin of $20 per share subject to the said did yet more than this, he himself undertook Bank paying interest on such deposit at the to have all the city placaded with Chaug Chih- rate of 24 per centum per annum and that the Tung'swoids against Footbinding. This in itself said Duna Melbye and Company otherwise was worth going to Amoy for, and thus another Melbye should pay the said Bank a commis. step forward has been taken by Amoy, and it sion of per cent on the amount of the drafts is difficult to see what Foochow can do to get the above Letter or Credit and that the said of the said Dunn Melbye and Company under A ladies' Committee had already been formed Dunn Melbye and Company otherwise Melbye which proposed to hold a setries of gatherings should hand to the said Bank an undertaking for Chinese ladies on the Amoy city side of the to place it in funds to meet at maturity the harbour, thus not calling upon them to go to
drafts of the said Dunn Melbye and Company the effort again of crossing the harbour, drawn under the said Letter of Credit. There was every indication of the Chinese gentry intending to push the movement among themselves. Thus with many hopes of progress, once more a Douglas Lapraik steamer carried ine away past the cemented white graves, the round mushroom like graves, the gaping hole in broken away rocks where coffins once had been, and as we left lovely Kulangsu, tangled in its flowerful gardens, each with more lovely sca views, and more curious rocks than the last, we saw the mouldering ruins of the old Dutch Bettlement, the picturesque though dilapidated rains of the old Spanish Settlement, and on beyond Ainay a network of squalid houses; Japanese busily surveying the new Japanese Settlement. Is it not by 500 at a time that the Chinese are now said to be registering them selves as Japanese "at Amoy ?
ahead of it
HIS
HIS EXCELLENCY THE COVER 11 NOR" the Latest Loddon Success, will be played TO-NIGHT, by the Dallas Company.
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6. In answer to paragraph eight of the Peti tion the Defendants admit that the said Bank and they have received various sums of money as dividends on the aforesaid 1074 slaares. They say however that the balance which became due on the dishonour of the said drafts was not the sum of $389,931:18 but the sum of £60,000 sterling.
or
7. And by way of further answer to the-l'eli- tion generally the Defendante say as follows:-
1. The Plaintiff has long since namely about the month of March 1892, parted with his property in all the said zoo chares (out of the said 1077 shares which were deposited with the said Bank as aforesaid by the said Dunn Melbye and Company) to the said Melbye together with the Sum of $4,000 in the second paragraph in this amended answer mentioned, and the said Melbye by an Indenture of Assignment made the 19th day of September, 1899 assigned and transfered to the Defendants all his estate right title share and interest and equity of redemption in and to the said 200 shares and in and to the said Sum of $4,000, In the alternative the Defendants say that they are defending this Suit upon the right, and title, and by the authority of the said Melbye in respect of the said 200 shares and of the said
Sum of $4,000.
2. The Plaintiff's cause of action' (if any) in this suit did not accrue within six years, and such cause of action (if any) is either barred by the Statute of limitations or by analogy to the Statute of Limitations.
3. The Plaintiff's claim is a stale demand and the Plaintiff's conduct laches acquiescence and dey in connection with his alleged claim has been such as to disentitle him to any relief whatsoever.
NOTANDA
CALENDAR.
MARCH,
2.
Meteorological means based on ten years? observations to 1893.
Barometer Thermometer
Humidity..... Rainfall
TO-DAY.
WEATHER REPORT,
Barometer....! Temperature ... Humidity Rainfall..
530141
57.3
79.0
1.76
On Sale
Orla
102.
43.
30.19.
06 0.05
64 93
TO-DAY.
Monday, 26th March, 1900.. Chinese-26th of 'and moon of 36th year of
Kwang-sü. Sun-Rises monique
Set
CAR, Òmin. Ohr, zamin,
High water-Morning ..... shr, Spain. Afternoon...kr. 27min. 1.ow water-Morning... okr. omin. Afternoon ...... ohr. 10min. ANNIVERSARIES.
1819-Duke of Cambridge born. 118-Death of the Hon. H. A. K. Whampoa, C.M.G.,, M.T.C., at Singapore. 1896--Matabele revolts commenced. 1897-Amaęsty granted to all Philippine sebeis
who surrendered. 1898-Oxford won boatrace by 12 lengths.
TO-MORROW.
Tuesday, 27th March, 1900. Chinese-27th of and moon of s6th year of
Kwang-si. Sun-Rises
Sets
shr. somin. Chr. amin. Chr. zamin. Shr. "26min. chr. 34min Afternoon thr. 30min. ANNIVERSARIES.
High water-Morning
Afternoon Low water-Morning.........
1802-Treaty of Amiens. 1875-Wreck of 5.5. Ven-tsze-fu near Amoy. 1895--The British East African Company sur. rendered its charter to the Clovernment, 1897-Khorat Railway opened by King of
Siam. 1898-Russo-Chinese Convention re Liaotung
signed at Peking.
AGENDA.
TO-DAY.
8.50 for 9 p.m.-Regular Meeting of the Victoria Cargo ex Mario Valerie subject to rent.
9
Preceptory and Priory at the Free masons' Hall. p.m.-Mr. Henry Dallas Company "His Excellency The Governor at the City Hall
Ltd.
TO-MORROW.
Noon-Extraordinary General Meeting of Shareholders of the Hongkong, Land Investment and Agency Co. Ltd. Noon-Ordinary Half Yearly Meeting of Share
holders of the Hongkong Hotel Co. Noon-P. M. S. Cost steamer City of Rio de
Janeiro leaves for San Francisco &c. C. N. Co.'s steamer Shantung leaves for Singapore, Samarany and Soumbaga. Daylight-N. Y. K. steamer Sado Afaru leaves
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for Europe via the Straits.
pm-Mr. Henry Dallas' Company "The
sign of the Cross" at the City Hall.
JL.K.V.C. ORDERS. 5.30p.m.-Signalling at Head-Quarters.
4 to 5.30 p.m.-Annual Revolver Course for the officers and staff Sergeants of Corps at the Revolver Range.
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5.30 p.m.-F. B., Gun Drill at Head-Quarters. 5.30 p.m.-"A" "B" & "C". Co. Gun Drill at
Head-Quarters,
SHIPPING AND MAIL NEWS.
MAILS DU
American (Coptic) 28th inst. English (Bengal) 29th inst, Indian (Lightning) 31st. Australica (Eastern) 3rd ProX. German (Konig Albert) 3rd prox. American (America Maru) 4th prox. Tacoma (Sik4) 5th prox. German (Prins Heinrich) 5th prox. American (Garlic) zoth prox.
r
The steamer Lightning, from Calcutta, Jes
Singapore for this port on the afternoon of the 24th inst.
The steamer Easteru, from Synedy &c., left Port Darwin on the 24th inst., for Timor and Hongkong.
The P. M. S. Cols steamer Coptic, left Shanghai for this yesterday, Sunday the 25th inst., at daylight.
The 1 M. S. S. Co.'s steamer Garlic, with Mails &c., left San Francisco for this part aria Honolulu, Yokohama, Inland Sea, Kobe, Naga saki and Shanghai, on the 23rd inst
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The P. & O. S. N. Co's steamer Bengal, left Singapore for this port on the 24th inst, at 4
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The facts upon which the Defendants rely as disentitling the Plaintiff to relief are as follows:
The fact that the Plaintiff, when sued by them with the Outward English Mails, and is said Bank along with the said Melbye and the due here on the 29: inst, at about 4 p.m. said Coxon in Suit No. 44 of 1892 falsely stated
The N. D. L. Co. steamer Koenig Albert, with a view to escape all liability to the said Bank who were the Plaintiff's in this said Suit. has left Kobe via Nagasaki and Shanghai on 1. That he (the Plaintiff) did not know of or Sunday evening the 25th inst, and may be authorise any arrangement between the said expected here on or about Tuesday the 3rd Bank and the said Melbye or his firm of Dun prox. (ibe Plaintiffs) said shares by the said Bank, Melbye and Company for the financing of his
2. In answer to paragraph 3 of the petition the defendants admit that on or about the month of August 1801 the plaintiff bought throught one George Lionel Stuart Coxen at the price of $3,3813 per share 200 shares of the Hongkong and Shanghai Banking Corporation. The defendants however deny that the plaintiff bought the said 200 shares or any of them upon the condition either express or implied that one Peter Ernest Helga Melbye should finance and carry or finance or carry the said shares or any of them for the plaintiff. The defendants deny, that the plaintiff ever proposed any such condition and they deny that the said Melbye ever agreed to any such condition and they deny that the said Melbye agreed to finance and carry or to finance or carry either the said 200 shares or any shares for the plaintiff upon any terms of conditions whatsoever. The The defendants deny that the said Melbye made any such conditions with the plaintiff as is alleged in paragraph 3 of the Petition and the defendants deny that the plaintiff agreed to any such con ditions. The defendants deny plaintif caused certificates for the said 200 shares or any of be deposited with the said Melbye. The said them either with or without blank transfers to 200 shares were along with others deposited and with the Bank of China, Japan and the Straits 2. That Messrs. Dun Melbye and Company under the circumstances hereinafter set forth. and not the said Bank financed the said 200 The plaintiff made out a compradore order on shares for and on behalf of the Plaintiff. - the 29th day of August, 1891, for the sum of
The Plaintiff's reason for making such false 5. The said Melbye under his firm name of $400 in favour of Messrs. Dunn. Melbye and statements as aforesaid was that the market Duan Melbye and Company accordingly drew Company being at the rate of $20 per share on
price of the shares of the said Hongkong and bilis under the said Letter of Credit to the ex-the said zoo shares but such compradore order Shanghai Banking Corporation was then so tent of 60,000 and duly fulfilled the aforesaid was made out in pursuance of the agreement. low as to show a loss and a considerable conditions and in particular caused scrip certi which is referred to in the next paragraph balance against the Plaintiff in accout with ficates and blank transfers for 1077 shares of hereof by the said Dunn Melbye and Company the said Bank if he had admitted any the Hongkong and Shanghai Banking Corpo as his Agents to deposit with the said Bank a Hability in connection with the said borrowing ration exceeding in value £60,000 to be deposit margine of $20 per share,
of the said sum of £60,000 from the said Bank, aid the Defendants say that, undef such cir ed with the said Bank which said scrip certifi cates and blank transfers included the certifi-
cumstances and after such a lapse of time, it is Cates and blank transfers, for the 200 shares of
against good conscience and equity for the the Plaintiff referred to in paragraph 3 hereof. follows:-
Plaintiff, now that the said shares have con- At the time of the deposit of the said 1077
siderably risen in value in the market to come shares with the said Bank the said Bank had
in and to claim to redeem the said shares from notice that some of the said 1077 shares were
the Defendants. not the property of the aforesaid Peter Emil
Hongkong, 14th day of October, 1899.
(Sd.) H. E. POLLOCK, Helga Melbye otherwise Dunn Melbye and Company and in particular that 200 of the said
Counsel for Defendants. shares were the property of the plaintiff.
(Case proceeding); -
6.The aforesaid Dunn Melbye and Com any otherwise Melbye failed to place the said Bank in funds to meet their drafts under the aforementioned Letter of Credit at maturity and the said Bánk paid she said drafts at maturity
3. And by way of further answer to para- graph 3 of the Petition and in answer to para graph 4 of the Petition the defendants say as The said Melbye did not carry and finance or carry or finance the said 200 shares or any of them for the plaintiff either together with other shares or otherwise or at all, Ön or about the 24th day of August, 1891 the firm of Messrs. Dunn Melbye and Company of which firm the said Melbye was the sole partner as agents for the plaintiff and the said Melbye and one George Lionel Stuart Coxen procured mean of Chins, Japan and the Straits, Limited to issue to them in their firm name a Letter of Credit on the office of the said Bank in London
THE
›
The N. D. L. Co.'s steamer Prine Heinrich, Carrying the German Mails with dates from Berlin of the 5th inst., left Colombo on Sunday 25th inst., a.m., and may be expected here on or about Thursday the 5th prox.
The P. M. S. 5. Co's steamer America
Maru, with mails &c., from San Francisco to the 7th inst., via Honolulu, has arrived at Yokohama, and will leave for this port to morrow moming via Inland Sea, Kobe, Naga saki and Shanghai,
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* HONGKONG AND WHAMPOA DOCK RETURNS. Isla de Cuba............ al Kowloon Dock. Jacob Diederichsen... Shantung. H.M.S. Waterwitch.. Chelydra U.S.S. 'Monadnock Empress of China
Juon d'Austria ... Priyang.........
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"Cosmopolitan
to
HEATRE ROVAL-DON'T MISS SeeTHE DALLAS COMPANY, produce
The Dollies from the Criterion Theatre, ing the Dallas Company, in the great modem Comedy HIS EXCELLENCY London, HIS EXCELLENCY THE GOVER THE GOVERNOR, TO-NIGHT,
NOR, TO-NIGHT, Don't Miss it !'
Shipping.
Arrivals, SYDNEY, French steamer, 2,076, Aubert, 25th Mar Shanghai 32nd Mar, Mails and General Messageries Maritimes. SADO MARU, Japanese steamer, 3,836, W. Thompsen, 5th Mar,-Yokohama and Kobe 15th Mar, Generál.-Nippon Yusen-
Kaisha.
ARIAKE MARV, Japanese steamer, 1,885;
M. Yamamoto, 25th Mar,-Kutchinotzu 19th Man, Coal-Mitsui Bussan Kaisha.. ELSE, German steamer, 903, T. Petersen, 25th Mar Saigon 17th Man, Rice- Siemssen & Co. VARRA, French steamer, 2,084, J. Rogliano,
26th Mar Marseilles via liombay, 18th Feb., and Saigon 22nd Mar., Mails and, General Messageries Maritimes. HOMA, French steamer, 509. J. C. Gerard, 26th Mar,Pathol and ffoihow 24th Mar, General A. R. Marty, LYEEMOON, temangsteamer, 1,238, C. Heuer
mann, 26th Mar.,--Shanghai 23rd Man.. General-Sienissen & Co.
KWANG LEE, Chinese steamer, 1,505; R. L. Lincoln, 26th Mars-Canton 25th March, General.-C. M. S. N. Co.
MALACCA. British steamer, 2,615, E. G. Andrews, 26th Mar-London toth Feb, and Singapore 19th Mar., General,—P. & O. S. N. Co.
NERITE, British steamer, 3,155. Stock, 46th Mar., Novorossisk roth Feb., and Singa pore 18th-Mar., Buck Oil.Arnhold, Kar bany & Co. IXION, Tiritish steamer, 2.272. Thompson, 26th
Mac,--Singapore 19th Mar, General,- Batterfield & Swire,
HaNoi, French' steamer, 750, Pannier, 26th MarHaiphong and loihow 25th Mar, General.-A. R. Marty. KachiDATE: MARU, Japanese steamer, 2,143, S.. Kojiki, 26th Mar,Kuchinotru 20th Mar, Coal-Mitsui Bussan Kaisha: OBURI MARU, Jamnese steamer, 1,825, T
Okuma, 26th Mar.,-Muroran 17th March, Coal-II. & H. Co.
BASKANU MARU, Japanese steamer, 1,449, C. Hibi. 26th Mar-Hongay zand March,
· Coal,-Dodwell & Co., Ed. MIKAWA MARU, Japanese steamer, 1,404, M, Takahashi, 26th March,-Shanghai via Amoy coil Mar, General and Oil- FOOKSANG, British steamer, 959, R. Y. Ander-
Nippon Yasen Kaisha.
son, 16th Mar,Wuhu 20th Mar, General. -Jardine, Matheson & Co. TAIYUAN, British steamer, 1,459, R. Nelson, 26th Man-Melboume 13th Feb., Sydney 27th, Townsville 31J Mar., Thursday Ísland 8th. Part Darwin Lab, and Manila 23rd, General.Butterfield & Swire. CHINKING, British steamer, 1,241, J. Vaughan, R.N.R., 20th Mar,Tongku 20th Mar, Ground-Nuts.--Butterfield & Swire.
·
CHUNSANG, British steamer, 1,30, E. J. Buller,
26th Mar,,-Taka 21st Mar., Pea-Nuts. Jardine, Matheson & Ca
Clearances at the Harbour Office. Wuchow, British str., for Wuchow. IP Krf, Chinese steam launch, for Shu-hing. Sado Aluru, Japanese str...fer Singapore. City of Dublin, British-str., for Moji. Vuitan, Pritish str.. for Swatow Kongum, British str., for Canton. Lyeemoon, German str., for Canton.
Copertures,
Mar. 25, Thuler, British sir, for Swatow. Mar. 25. Anapa, ritish str., for Saigon. Mar. 25, Progress, German str., for Touron Mar, 25, Fasala Maru, Jap, str., for Japan. Mar, 25, Zamawi Alazu, jaja sir, for Swatow. Mar. 26, Nydney, French str, for Europe. Mar. 26, Helstein, German str., for Saigon. Mar. 26, Braemar, British str., for Moji. Mar. 6, Era Luyken, Ger, str., for Saigon. Mat. 26, Hellerophon, British sin, for Amoy. Mar. 26, Tientsia, British str., for Kobt. Mar. 26, Victoria, British str., for Nagasaki. Mar. 26, Trafalgar, British bark, for Callao, Mar. 26, Faria, French str, for Shanghai, &c. Mar. 26, Victoria, British battleship, for Home. Mor. 26, China, German str., for longay. Mar. 26, Cathay, Danish str., for Singapore. Mar. 26, Melpomene, Austrian str., for Amay.
Fassongers-arrived.
Per Sydney, from Shanghai-Mr. Hamilton, General Stahel, U.S., Messrs. H. K. Kirnear N. Moller, S. Hatton, 5. Mulkay, M. Therenon, Baronne de Raush Taubenberg and daughter Lieut. Deaconoff, R.A., Xrs. Armand, "Miss", Curly, 12 Chinese-and 13 Japanese.
Per Lycenioon, from Shanghai--67 Chinese.. Per Afalacca, from London, &c.-Mr. and Mrs. King, infant and.amah, Mr. and Mrs. Frizell, infant and amah, Miss Beverley, Messrs. Symnes, Boyden, Fairbank, Parker, Britten, Bigg, Wilson, Dutton, Sutherland, Sargood (2), Lee Cheng Tin and servant, Wai Shiak and servant, Loke Yew and servant, Lee Air So and servant, and 222 Chinese from Singapore.
Per Yarra for Hongkong from Bombay- Mr. and Mrs. Meyer. From Colombo-Mr. Drumond. From Singapore-Mr. and Mrs. Lee Tek Yong and boy, Messes, Lo Chicok and: boy, Lye Chuon and hoy, Mr. and Mrs. God-·. chaux, Mr. Merling,. Dr. Otto Graf, M, Mithe. meyer, Mr. and Mrs. Yee Chang, Chang Guan, Peng Lee Secu, Peng Sep Chye, Sea and boy, Ly Lap, S. Kobe, 4 Chinese and i' Indian. From Saigon-tro Chinese. For Yokohama from From Marscillies-Mr and Mrs. Schwob. Port Said Mr. Sichousseff From Colombo- Mr. Ball. From Singapore-Messrs. Y. Sotoka and Kabayashi. For Kobe-Mrs. Okin, Messrs H. Tanaka and S. Hashimoto, For Nagasaki Mrs. Daumberg, Mr. T. Tanaka, Mrs. Ob Soons, Mrs. Oklievo and baby, Mrs. Okija and Okama., For Shanghai from Marseilles-Mra Peralier, Mrs. Verdalion, Mr. and Mrs. de la Touche and infant, Mr. F. A. Bovet, Rey Favier, Messrs. Boscat, Bantignic, Sisters Louise, Gabrielle, Marie, Mr. and MrsLi Tchen Kouane and infant, Mr. Laghise, and 2 Chinese. From Colombo-Messe, Guntis and Pearcy. From Singapore-Capt. Man, M and Mrs. Young, Messrs. Ken, Sophie Schlierar 5 Japanese and Chinese From Saigon Messrs. Siven, Gilmour and Luong Phub Khany Per Kachidate Maru, from Kuchinolau 4 Japanese
Per Mikawa Maru, from Amoy-13 Ch and 1 Japanese.
I
Per Taiyuan, from Australian Poris-M Buttler, Miss Buttler, Messrs. G. Weir, L. L. Goldenberg, G. B. Byan, E. W. Bonnaffox, S. N. Jopson, Gromble Fruer, Drummond, Lawrie, Mrs. Moss, Miss Little, Mrs. Sinclair, Mis Cozins, Mrs. Glasserman, Miss Glasserman,... Miss Glassennan, Master Glasserman, Messra Rowley, Shenman, Petersen Rattice, Schoner lovitev, McKinley, Hassen, so Chinese aud a Japanese.
Departed.
Per Loongsang, for Manila-Mrs. M. F. Fischer, Mrs. James E. Pascoe, Messrs., W. S. Barrett, J. Spirig, R. Kidse, Pedro Zabalgaregiti,, Silvestre Arevalo and George Ade.
Per Sydney, for Saigon-Camdr. Aubler and child, Sisters Celina and Ephron, and 6 Chi! nesc. For Singapore-Messrs. S.-F. David, W. Hooper Slight, Scott Cranston, J. Neubrum, J. Klopper, and 15 Japanese. For Colombo Mr. Phillips. For Marenilles-Messrs, Bonnah, H. A. Clarke, A. R. Boomer, J.;
Calock, L. Vaquier, Me and
Rosell, Mr. and Mrs. J. B. Muse Carceller, Mediņa, and Miss C. CA