Entimations.
A. S. WATSON
AND CO., LTD
BREWED
GINGER
BET P
IN STONE Kr
The Ginger Beer we
in our well-known fact
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A. S. WATSON & C
LIMITRE
BREWERS OF GINGER RETP
}
}
ERATED WAIFP
TPFP
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ESTABLISHED A.1) 1845
TELEPHONE NU CABLE ADDRESS: "ACHTE, HONGKONG
A. U. C. COPF, 405 EDUTION.
ESTABLISHED 1899.
A CHEE & CO.,
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17A, QUEEN'S ROAD.
THE HONGKONG TELEGRAPH, THURSDAY, SEPTEMBER 11, 1902
NOTICE.
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The "HONGKONG TELYGRAFII should-be addreved to the Editor, 1, Ite Hotise load, and should be accompanied by the Writer's Nome and Addres
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SUBSCRIPTION RATES (IN ADVANCE), | | Y=-$300 per mostova.
WEEKLY -13 per summa.
The rates per quarter auf je eser, proportions Huity isté is debsered free when the address is neeasible to manger On copies sent by post in allition $1 No por quarter is charge for justage The postage on the weekly is to any part of the
world in 80 mega por quørter. single Copás Túlt, feu erits; Weekly, twenty,
BIRTH
At 27, Bailestier Road Singapore, on the and September, the wife of Wini rasi Kraso of a daughter
On the 4th Sentember, at Woodside, Grange Road Singapore 'he wife of Poskarp AqTEN, Monier alan olin mez
DEATH
At Singapore, on 3rd September MICHALI wahan, Tanjong Pagar, O'SULIPAN
ged 36
The Hongkong (elegraph
Hongkong, Thursday, Sept. 11, 1502.
TAV OF THE CORONATION
CONTINGENT
Whele not wishing to drop the euthyusipum which must per ail when the "boy" Shr sailing a k, or feel cuppelled to draw at eroties te than growing de stisfaction · Fing exhibited g
ain sections of the room ority regarding the question of pay ment members of our Coronation Contin No uwful purpose could I served Rent either by egrong mp the subjcet me inviting disease sont alter the Contingent has retuned. and so the por sent appears the cost oppor 2 tona to "a gulum:
whi we eil meet
13:3
the
Le
R
draw
appy t
yond suppor
At most,
...
זול
Jadin recedents
In the first place, the
the
+
FORD
LOCAL AND GENERAL.
KIRU UNER -
Lord Kitebenei 40s ». ligypt, Invember, but he will po
booked his passag by the sarig on the th bably on inin he
Khartar
DEATH OF
at ismailia after his vaig te
MR EDWARD MCBITOSH- Pienk will regret to learn of the death of My Flaard Mentosh, of Inverness, who, for many y bark was chief engineer in the Chin Matoad Seges Navigation Company
CORONATION EXPENSES INDIA'
The Timer, i annonning the Imperial ex zhequer xili "ear the cast of the entertainment of the Indian representatives at the Connal n, says it almost holiating ha in congrandars The kov gment on such ele mentary or ngn tion of the ches of Imperial hospital The versekerdien alusrat magi
visits recently paid to Dever by J. Pierpost Morgan were made with the object of testing the capabilities of the new harbour improve ments, with a view of making Dover a port of call for the Atlantic shipping combine's liners." LIANG CHEN TUNG, the newly appointed Minister from China to the United States, is a
comparatively you, gan, being but a little He is of progressive over 40 year of age. ideas, whoxe uprunes have been formed from his education, which was itceived partly in the United States, from his former connection with the Chinese Embassy there, and from his contact with Europea cvilization in the course of several missions.
FRUITLESS EXPEDITION :—As mer- tioned in recept issue, lammers were com plaining of lesing their caule in consequence of the presence of a tiger in a village near Chin Wan We now team that a couple of om lucal sports went to the place arcom- pianed by a guide, but Saw no tiger and returned at dusk on Sunday. Since then two more rows were reported killed. The natives assert that the raparinus animal is a nocrumal visitor, ww during the by goes piet
THE CONFLICT OF LAW A
POPORTANT OPINIO
fra
On Tuesday last His sour W, A Good
יויו -
man, the Chief Juster, gaya his written opinion in Chambers in the case of Antonio Simplic mes
Assis Francisco 7
Gomes
Augusto e Games representalove made application fo of the opinion, but was informed that it had been handelin a contemporary for publication. This appens to be the general practice, which of course debars now revlers from persing judgments and opinion in important cases intil aucher paper vers 6 to publish them. It is not a very haperonat voreshed of sandsong the public interest
Mr. Hastings-She didn't cry immediately," did shot
Witness-Yes, as soon as entered the
Six of these thirteen notes, witness con inued, bore the same numerals as the two fifty dollar notes handed in at the Bank by the defendant, and the other seven also showed the sale, figures, with the addition of a numeral priôxed in some cases and affixed in others.
By Mr. Hastings-When witness took the
Mr. Master asked Sergeant Watt if the defendant said anything else to him.
Mr. Hastings objected.
enjoyment. Each of three sergeants will DOVER AND THE ATLANTIO, COM- | are used in the law of the testator's domicile. I have a talk with him. The defendant could not draw el a day for the voyage and 7- a day RINE-The Paris correspondent of the which he may be presumed either to be most understand English to a requested him when at home. This works out at 110 5 London Odryer says that in engineering familiar with or to have adopted. It seems to without further parlance to accompany him Then there are four corporals whose recircles in Pars it is reported that the frequent me that the various cases cited by the authors, to the Central Station Detective Office. Here muneration is estimated to cost the
through an Colony £118. 16 while the 32 rank
so far as I have been able to refer to them (for a conversation was carried on the American authorities are not accessible) Indian interpreter. On finding out where and file, each drawing 2/6 a day:
bear out the positions above laid down. Now the man lived, the sergeant obtained a search on the homeward and outward röyages, and 5 while in England, adds to the
the testator (João Baptista Gomes) in this case watrast and accompanied by the accused amount another 792. The total pay on
made his will in Portuguese, at Macao, being, proceeded to the premises, No. 11 Staunton. the voyage is estimated at £535 10 and
it is alleged, a Portuguese subject, dimiciled Street. On entering the house they saw a the total in England £700 13- No
in Macao. The passage of the insinted will little girl who commenced crying and opened a wonder Hongkongens are very chary
to which I am asked to give effect relates to box, without being spoken to. In this box, certain leasehold properties in Hongkong in wrapped up in a handkerchief, were discovered about paying the pipe, and every one un
which he first gave bis wife a life interest. She doubtedly looks forward to some action
notes of $50 each, The box also contained died about 14th May, 1903, and, in such event,
a Savings Bank book of the name Mozelle being taken in the maller; for it seems scandalous shame if the homie Government
the testator wills as follows:-1 further deter Levy. On these notes being taken to the can give us to understand one thing and
mine that, after the death of my wife, the bank they were all found to be forgeries. The then thrust upon us another. It would
income of my said properties in Hongkong, man was arrested and the little girl was re- be ค different Digter altogether if
after deducting Crown rent to the localquested to accompany her father. She asked no money was being expended as salaries
Government, insurance charges or repairs, be if she might be allowed to change her dress to Government officials while drawing pay
divided between our children of the first and and permission was granted - She was then as members of the Contingent, but to receive | double salary with no substantial retum is
second marriages in stirpes el non in capite, seen to take a dress down the same box that a strange method of procedure for which the
and this I leave to the discretion of my execu- contained the forged notes, so assuming that the Hongkong Government cannot be held
tars whether these properties should be pre- child was owner of the box, she was also responsible. Meanwhile, we sincerely hope |
served without being sold, but in case they are formally arrested. that our Volunteer representatives have
sold, the proceeds shall be divided in stirßus et had a jolly time and made the best of the
nou in capita between our children of the first porket money they so mexpectedly received
and second marriages." Now if one assumes troy five generous Government at home, --a
that this will ought to be construed and inter-house. meson of the ratepayers of Hongkong
preted according to the law of Hongkong it seems perfectly clear that the proper way to distribute the property would be, not to count heads (capita), fe, not foʻadd together the number of living children by testator's first marriage, by his second wife's first marriage, and by the testator's second marriage, and give to each child of that total number an equal-defendant to the police station to oblain a share; but to regard the origin of the children, search warrant, he asked him, through an the stirps, ie, stock or stem from which they Indian interpreter, if he had any more notes sprang, and to divide the property into three in his possession, and the defendant, after a Our equal shares as representing the three stirßer. | momentary hesitation, replied, "I don't know; of these three equal shares, the children of God knows.” He did not say he had other the testator's first marriage ought to have notes at home. one, divided equally between them, the child- ren of his second wife by her first marriage another, and the child or children of the testator by his second wife ought to have the remaining third share. I am, however, informed by the counsel for the executors that the words of the will would not have that meaning according to the law of Stacas and Turtugal. What I wish to ascertain is the testa tor's intention. He held, I am informed, at one time, judicial office in Macao and, presumablys as bis domicile was Portuguese and his will was made in that language, at Macao, and as he was well acquainted with the law of that Colony, he meant by his will, when he used the expressions as to stirpes and cepita, what' those expressions would mean to a Macao or Portuguese lawyer. 1 do not think in this case it would be right for me to decide the question on the assumption that the testator innst necessarily have meant what as En- glish lawyer reading the will would assume he ineant. When we have ascertained what he meant, then we must apply the law of Hongkong to give effect to that intention, so far as so doing would not contravene the require ments of flangkong law. I decide, therefore that, in this case, both parties are at liberty to give me the evidence of experts in the Portu" guese law in force in Macao, as to the meaning, according to that law, of the particular pissage in the will. When that evidence is before me, I shall be in a better position to know what the testator meant by the words in question than I am at present. I desire to add that, in this case, there is a special circumstance
makes me deem it right to admit the evidence of Portuguese lawyers. It is this. On looking at the petition for probate I find that a year and a half before the testator made his present will, he made another which this will revoked. In the revoked will occurs the following passage: - finally declare that it is my intimate wish and last will that this my testament and every thing therein contained relating to my goods existing in this- Colony of Hongkong bead- ministered, fulfilled and interpreted according to the laws in force in the Colony of Hong-
powinn
17
SINGAPORE WATER FAMINE K-rel
angements were anche on the and in
יזי
que tran 44 Volurseni hing sent to Frygband by the ute. Department in afford relied on was made pubble at ating the Engin
The people living in the congested districts Jane Common Ma last when BE Map peral
"
3 dry temporary standpipes were put up where I'
Hey se deputed print meressary Fach of Veloggraviereng the
thëse gave od porno gallons, thus gring an additional supply of 150,000 gallons is the Cengesind distrions Swaits Times
1
annikaner t
gambar ben eived from lam Sectomy of Sstale to the effect the home Government was prepared to mense from Bangkong my of in al burees not exceeding 18 of all ones, at the same time pointing out that
all other and [1:Jsa!ཁ
expenses would have in le defrayed by the Colang Els Excellency considered that the honour shradd femple unon, the volunteers, and Consulted the Executive Council, who un jammously agreed to his views, although as the matter involved the expenditure of a
considerable sum of tey the Legislative
Council was consulted with the result that the members endorsed the opinions already expressed. The Volunteers were accordingly selected and left for England thoroughly satisfied with all arrangements and looking forward to a pleasant time. In order to ensure that no man should be left in the
lureb, all those selected were called upon to deposit $100 in case of emergency, and this, was understood, would be handed out when desired. A few weeks later the Officer Administering the Govern- ment recommended the legislative Council to vote a sum of $29,019.63 to meet the estimated expense to be incurred by the Contingent. The recommendation was re- ferred to the Finance Committee and
only natural, and no one will grudge a cent of the money to be expended; but when the question of voting Li,as odd to meet the charge for the pay of the Volunteers was thrust upon the Colony it proved as great a
FURNITURE animously adopted. This, of course was
DEALERS.
DRAWING-ROOM,
DINING-ROOM.
and BED-ROUN
FURNITURE.
ELECTRO-PLATED.
GLASS, and
CHINA WARES. PASTEUR'S MICROBE-PROOF
FILTERS,
ROCHESTER LAMPS,
WHITE TURKISH TOWELS.
COUNTERPANES.
COOKING RANGES,
KITCHEN UTENSILS, antal
HOUSEHOLD REQUISITES.
A SPECIAL ARMY ORDER provides that the following leave South Africa between now and March, 203 Four regiments of cavalry, four buteries of forse antillery, three brigade division of field arulley, twelve battalions of infantry, which go to Indu Five companies of garrison artillery and ten regiments ur in by go to various pans of the empire. Three
We understand that, in connection with this muse, the leading barrister boin Muras pave expert opinions in counsel engaged in the coût
estrelay
In giving his opinion on Tuesday in the rase of Cimges + Games, the Lordships and This is mutions taken out for the deter mination of the question as to what is the sir the proper shite nd certain panpeitz to plainuutï is entitled under the will of the late Joan Paputa Comes It mises an important point as toconflict of laws, viz - Assuming a mean one certain expression in the will to thing by Tutuguese Liv and another by Eng lish law, which law is to preva 1 By which is he interpreted, the testator's domicile it ta being Portuguese, the will made in that lan- guage at Macao, and the property being iminay, able propeny, z, leaschokis, in Hongkong me whey, in his Conflitaf Lewes (published in A 13. 1896) chapler 24, pp. 516 to 126, lays
regimens of infanity anive in South Africa is down very carefully the general propositions the same period.
LEAVING WITHOUT NOTICE:-Mr. Letton, of Messrs. Kelly and Wash Limited charged his house coalie with leaving his services without giving due and reasonable notice on the 8th rst. at Kowloon. It appears that the prosecutor had on several occasions lost money from his pocket so he reported the matter to the police. The preserce of Inspector Williamson, who was called in to search the coolie, scared him so much that he ran away. He was fined $7.
A LONG JUMP:-Last night while a thief was being chased he fell from the roof of a kitchen, about 50 feet high, into the back yard It appears that he went to a house in Lascar Row intending to commit a felony, but being discovered by one of the inmates he can down
the street. A district watchman then saw him
on the roof of No. 1oz Queen's Road and called out to him, so he jumped from it and
relating to the question oflea foi as applied to immovable property including leaseholds, and points out that the distribution of such lease- holds "must, on the estate being cleared, be made without any reference to the deceased's lex domicili, if the deceased dies intestate, in accordance with the Statute of Distributions (hex situs)and, if the deceased dies having made a valiti will, then in accordance with the terms of his will. In other words, the beneficial succession to the deceased's chattels real is governed by the tex sizu: applicable to the particular kind of immovables" (pp. 519-10) He does not, however, state precisely what is to happen if certain terms in the will would convey one meaning to a lawyer accustomed to the in situr and a different meaning to a lawyer accustomed to the lex domicili of the foreign testator, the maker of the will. But, in the valuable Americas Notes appended to
Chapter 22, occur the following passages, with the references to the American Authorities in will not be bound in respect of lands there situate by the construction put upon a will by the Counts of another Stale." "But the Court
|
which
Wai Ying, the Savings Bank shroff, said it was his duty to receive and pay money over, the counter from and to depositors, amongst whom was the defendant. When the latter handed over his pass-book and $110 in notes for entry therein, witness looked at the notes two $to notes and one $10-and as the colour- of the $50 notes was different from that of the ordinary note of the same value, he handed" one of them for examination to Mr. Arimo, the European in charge of the department, and the other to the second shroff of the Bank
Mr. Hastings applied for bail on behalf of the defendants, of a small amount in the case of the girl, against whom he did not see how there could be any criminal charge. The bail in her case might be fixed at $50.
Mr. Master-With reference to the second defendant, I am quite agreeable that she sold be liberated on very small bail.
His Worship-What do you Bay-5252 Mr. Master--Sas or $100, just as your Wor ship pleases, whe
The Magistrale explained that he could not of himself fix the amount; the evidence had not yet shown how or to what extent the se cond defendant was impl cated, and therefore the amount of hei bail must be decided by consent.
Mr. Master said he was agreeable to bail of $25, and at this amount it was placed. In the case of the first defendant his Worship decided to refuse bail.
The case was resumed at the Police Court this morning. Mr. J. C. Peter, chief accountant: of the Bank, in answer to a question by Mr.. Hastings, said that the two notes he received at the Bank were good forgeries and very likely to deceive anyone with slight knowledge on the subject. The signatures were excellently forged. The colours on the notes, however, were very light, but if he had only seen one note at a time and not two notes beating the same number, he ould not have told that they were forgeries. The witness objected to tell. Mr. Hastings about the private marks. kong, and by no means by the Portuguese laws hawker living at No. 11, Staunton Street, which Mr. Hasting, said the defendant was a nor by those in force in Macao, or in any is used as a tenement house. He had a largo
surprise to the citizens as it must have been landed on the pavement. When picked up, support thereof:-"The Courts of one State other country." in the present will, however, family including a little boy of about ten years
he was bleeding freely from the nose, and at the Station he complained of pain all over his body. He was remored to the Government Civil Hospital.
YOKOHAMA HARBOUR RECLAMA- TION-The work of Harbour Reclamation is advancing rapidly, many hundred men being at present employed, but the undertaking is so great that it is unlikely to be completed before 905. The wharfage when complete will berth at one lime 13 steamers of the largest size, and cargo will be housed a few feet from the ship's side. Other improvements will be a new floating landing stage in front of the inspector's office, which should be completed during 1903, and a pipe service for supplying steamers with waterworks water. This latter improvement will cost £2,500, and vessels which formerly bad to pay 55. 40. per 1,000 gallons will soon be able to obtain the same quantity for 15.
to the members of the Contingent, when Arst they learned that their services were to be se handsomely rewarded. In fact, our representative with the Corps, writing from home on July 24th, said, "It will be of interest to know that we are paid for our services now. It was indeed a pleasant surprise, and I am sure that no one espected such good luck to be in store for us. We are sure that in Hongkong no one anticipated being called upon to meet such a heavy expenditure, which was not even notified or suggested in the first ufficial notification from the Secretary of State. Passage and expenses is a totally different maller to remuneration, and one would have thought the authorities at home might have
word to that cable thus making it clear what expenses we might expect to be called upon to pay. Consequently, instead of being asked to provide about Lagos, the Hongkong | Government has to provide something like £4,200 and this, by the way, is merely a very rough estimate of the total cost. If at the time employers in the Colony knew that their employees were to receive by no means a small salary during their absence
vessels and 1,872,557 teas for 1900. British from business it is quite certain that, in many cases, very different views would have been shipping shows an increase of tw› vessels and taken of the matter, for we are given to 16,81 tons. An increase is also noticeable in understand that in several instances the the ca-s of all other nationalities, the more employees are receiving a substantial salary especially in that of Japanese foreign going bers of the Contingent who are Gorem- while away from the Colony. Those mem. vessels which number 268 as against 227 for the previous year. The most noteworthy ment Servants should secure quite a little feature of the shipping of the past year has fortune out of the trip, while not a few
PHOTOGRAPHIC gone to the expense of adding another
DEPARTMENT. DEVELOPING and PRINTING
UNDERTAKEN ́for AMATEURS.
GOOD WORK.
PROMPT RETURN Hongkong, 8th July, 1902. GEO, PATTON & CO. Have for Sale a large Consignment of H. W. JOHNS & CO.'S ASBESTOCEL SECTIONAL. COVERING, ASBESTOCEL SHEET and PAPER for covering BOILERS and
FLUES, BULKHEADS, &c.
17280
PIPE
ASBESTOS CEMENT for BOILERS, DRUMS, HEATERS, &c.
YOKOHAMA SHIPPING:-The shipping that entered the Purt of Yokohama in 1901 from abroad again shows an increase, being 823 vessels and 2,032,445 tons, as against 773
į
made in Macao, this clause is entirely omitted; from which it may possibly be inferred that he had altered his mind, unless indeed he thought
the clause unnecessary. It shows at least that he knew that questions as to conflict of laws might possibly arise in dealing with the Hong- kong property.
The Court adjourned.
THE FORGED BANK NOTES.
MAGISTERIAL PROCEEDINGS.
Saul Levy and his daughter, Mozelle, aged twelve, were brought up on remand at the Police Court yesterday before Mr. F. A. Hare land to answer a charge of unlawful posses- sion of fifteen $50 forged Hongkong and | Shangbai Bank notes. Mr. G. C. C. Master appeared for the prosecution, while Me J Hastings represented the defendants.
of the Sifus may, in determining the meaning intended to be conveyed ty certain words, infer such measing from the sepse attached to them by the law of the State in which the will was made." These two passages follow shortly after another, which is as follows: "Generally speaking, all questions touching the validity, construction, and effect of wills relating to immovables are determined by the fex titus." In Story's Conflict of Laws (ed tion 1883) the question of Interpretation is discussed, begin- nips at p.661; and at p. ff3, dealing with the case of wills and testaments of personal pro- peny (by which he means, I take it, "mova- blas," considering the context) it is laid down ---" In such cases where the will or lestament is made in the place of the domicila of the tes- tator, thegeneral rule of the common law is that
Mr. Master said he thought it was a great pity. it is to be construed according to the law of the place of his domicile, in which it is made." that an infant under the age of fourteen should Passing on to p. 671, the question of wills of be charged in such a case and suggested that Immoveller is considered and the following she be discharged. : passage occurs:-"The same rules of construc.
On the representation of Mr. Instings His tion will generally apply to wills and resta-Worship decided to take the cases separately, that of Saul Levy, the father, to be proceeded ments of immovable property, unless indeed it can be clearly gathered from the terms used in with first the will that the testator had in view the law of the place of the situs orised other language. which necessarily refered to the usages and customs or language appropriate only to that
considered by the author. Then at 66, under the heading "Gesem! Rule," occrus this passage-Indeed. it may be laid down as a general rule that wherever words of an ambie guous signification or diferent significations in different countries are used in a will, they are to be interpreted in the sense in which they
of the other members will come back been the extension of the British India Steam-ss." The views of foreign jurists are next and bank their unexpected dollars which ship Company's service to Japan. For some STEAM PACKING, GASKETS and ing over. Major CHAPMAN will be the
the Government had no intention of hand-time past this company has been running boats between the Indian ports and Manila, and FIRE-PROOFING. MATERIALS.
happy, possessor o about £1524 for the about 12 months ago a regular three-weekly privilege of taking part in the trip and service was extended to Japan; 14 boats having a fine holiday at home, while Licut, belonging to this company have entered this ARMSTRONG receives over £70 for similar
port during the year'
“OTTAM & CO., FOR TRESS'S STRAW
and FELT HATS
MODERATE COST.
EFFICIENT.
DURABLE. Estimates and Samples furnished application,
Hongkong, 30th July, 1902.
on
{7860
NOTTAM & CO., FOR... WASHİNGİ
BOW TIES
OTTAM & CO., FOR SUMMER
UNDERWEAR,...
The defendant pleaded not guilty. Sergt. J. J. Watt deposed that in the fore noon of he 3rd instant he went to the Bong Long and Shanghai Bank on private business He there saw the defendant standing by the counter of the Savings Bank department, and Mr. Peter, the Chief Accountant, spoke to bin and band.d.bim two notes of $50, one for Sto and a Savings Bank pass book containing account shewing a balance of $335. Seeing the $50 notes each bore the same number be requested the defendant to come out and
COTTAM &
& CO. FOR SUN- HATS
of age. This little boy was recently in the habit of buying flowers to sell in the various- hotels of the city and one day, after bring employed at this work, he saw a lukong arresting a Chinaman. The Chinaman threw a packet on the ground which the boy picked up and took home to his father who was ill in. bed.
The boy was called and bore out the state- nients of Mr. Hastings.
The case was further adjourned.
SHIPPING AND MAIL NEWS,
VAILS: DUR „English (Valeth) 13th inst... "American (America Mara) 13th inst.
German (Princess Trenc) 16th just. German (Preussen) 17bt inst. Indian (Kumsang) 17th inst. „ Canadian (Athenian) z3rd inst, American (Karen) 2Bch inst.-
Australian (Taiyuai) 28th inst. Canadian (Empress of China) 30th inst American (Garlic) ist prox.:
The A. L. S.-N. Co.'s steamer Nippon left Kobe via Moji for this port yesterday, 10th inst, The N. P. 5. Co.'s steamer Duke of Fift arrived at Tacema from Japan and Hongkong: on the 9th. inst
The L. C. S. N. Co.'s steamer &'unsang, frơm, Calcutta and the Siraits left Singapore for this port on the 10th intt, at 6 p.m.
The NY K. Co.'s steamer Kinskin Mari (American Line) left Shanghai for this port on the 10th inst, and is expected to arrive here on the 13th inst
The Cuvadian Pacific Railway Co.'s R. M.S. Empress of China left. Vancouver un Monday, the t h inst, pm, for Hongkong via the usual Posts of Call..
"OTTAM & CO„ FOR GENTS BATH-
ING GEAR
CF