Intimations.
E
BLEND.
VERY OLD
LIQUEUR
SCOTCH
WHISKY.
THE HONGKONG TELEGRAPH MONDAY DECEMBER 4 1905.
against the new Bill, and it will be very in
All communication biteuse for publication interesting to hear the arguments that can be
(The HONORÓNG TELEGILAPU "aláld Je addroved in. The fullenr. 1;. Toë House Bowl, and all be wornpanied by the Writer'q Name ud Aditrans orary moka ostal beaded
Tish Manugera
Tim Holter will and undertake to be repusille for any refreted Ms., or to return any Contribution,
SUBSCRIPTION BATES (IN ADVÄNCE), DAILY $80 per natu WEEKLY $18 per annum.
accomīkie to tuwonger. Un cuplos sent by [1mt in
World in 80 cents per quarter,
ATRADEMARK OASE,
RUBBER SHORS IN COURT,
In Original Jurisdiction this morning His Hanour, bir Francis Piggott, Chief Justice, presiding, in the case of the North British Rubber Company, Ld. varaus Jorge and Com- pany, for (1) an injunction to restrain the defendants, their servants and agents, from
advisable to to join them before first giving defendant natica of the Infringement and asS certaining whether they
taking not to part with the posses goods. The costs of wharfingers Joined a defendants (Moet & Pickeri ordered to be paid by plaintiffs, bec been found that they had been joined as defendants
the
after
present case the defendant. being invlled to do so, "and after... hay}ng_jt-
present,
ball
Forn
Steps are bein
The Hongkong Celegraph which business is conducted, but it will alle burgh, Scotland, manufacturers of indiatrics, Mr. Pollock submited that defendants fares
sociatiūn
for ob
of play therefores game by throwing, the
formerly:
goal line. night be
local Re
and, or who have
have been examined in passed a similar test here. made to get together thons
a local examining board. An examination boen examined in England so at likely to be held carly li January didate will be required to have experience as a referee, to have knowledge of the football rules, thoroughly familar with the off-s penalty kicks are awarded and such penalty kick and the seven offences for matters connected with the rules forcement as are contained in Chart issued by the English Football lon. Any intending candidates are make a thorough study of this chart. ars of the examination will be duly announced, -Contributed........
adduced by the Chiness members when the Bill comes under discussion. The late official assignee in Singapore, time after time, admitted that in the present state of the law he could accomplish litle or nothing in the discovery of mythical partners in the numer ous" chops" that come within his Jurisdic infringing the plaintiffs trademarks, and from made no threat to part with the gor tion in the bankruptcy Court In Longkongassing off goods not of the plaintiff's manu The rates per quarter und per menem, proportional from Bench and Bar, similar utterances facture asand for goods manufactured by the pointed our to them that it was their duty to The daily imue is delivered free when the address is have been heard time and again. plaintiffs; (2) an account or dainages, (3) ive an undertaking not to part with the goods skiikkonal 31.48 pet quarter in charged for postage, has ever been a difficult matter- to ascertait Delivery up of the marked goods 1983 not onlystined to do so, but required The postage in the weekly imue us any part of the who is, or who is not, a partner in a native further and other relief; and (5) costs, was the plainti go to the expense, of obtaining "hong." Merchants in the sister Colony, called on, Mr. H. E. Pollock, K.C., instructed Single Copies Dally, ten contai Wockly, twenty in the opinion of our contemporary, should by Mr. C. D. Wilkinson, of Messm. Wilkinson an injunction, which injunction wis now. and Grist, appeared for the plaintis, the Northought, intimating that if such injunction were hall the new Bill with unqualified dòlight British Rubber Company, Ld., whose registered not obtained they would not withhold delivery it will hot eradicate all the disabilities under office is at Castle Mills, in the City of Edin- the goods to the consignee. Under these anywhere
circumstances, after quoting kaveral anibor viate in no small degree the difficulties in rubber goods, defendants being not present should be ordered to pay the costs of this HONGKONG, Monday, December 4, 1905. obtaining information which is oken so and not represented said that this action is motion, for they unnecessarily rendered it necessary. It is now apparent that an at brought for an injunction to restrain, the de- necessary for these proceedings to be taken REĢISTRATION OF PAKINERS. tempt has been made to grapple with the applied to India rubber shoes, which mark was the costs they may possibly be held, on the fendant company from infringing a trade mark if the defendant company are ordered to pay many difficulties in a thorough manner. long ago registered in England as a trademark authority of Moet & Pickering, to have a lien Our readers will remember that not long The Eastern Mail accords the new H Bill all of the plaintiff company, and also by their for such costs and their own costs, on the goods since we printed a special telegram from our support, confidently anticipating the enast agents, Mesars. W. G. Humphreys and Con in the godown as well as for godown sent and Singapore correspondent to the effect that ment being placed upon the Statute Book in Hongkong on the 10th August, 1885, which other charges, but having regard to their con- the Chinese commercial community in Pen in the near future to the fasting benefit of latter registration was renewed 14 years later, duct in unnecessarily causing such costs to be ang were opposing the passage of the Re-commercial interests generally throughout plained of is the sale by defendants of India be allowed them. It was necessary to consider or roth August, 1899. The infringement comincurred, it is doubiful it such a lien would gistration of Firms Bill that had been read the Straits Settlements. It is a sound view rubber shoes beating on them a "Lion Ram that all which is naked for is an injunction re a first time at a meeting of the Legislative having many staunch supporters in our own Council at Singapore. As originally arranged midst.
pant," which in appearance is very similar to straining the defendant Company from parting the Llos Rampant "trade mark registered by with the possession of the goods to anyone, the second reading was to have been moved
the plaintiff company, and applied by them to but it was necessary to amend that otherwise at the meeting on the 24th ult., but it was
the india rubber shoes they manufacture. The the order in the case against Jorge and Co. not brought forward. This was in all pro
defendants have themselves come to the con-
could not be complied with; for how could the bability due to the absence of the Penang
infringement, and they are accordingly prepared the order of the Court restraining them from clusion that there can be no question of the defendants deliver up the goods, when there was members, who are desirous of taking part in the debate before the Bill reaches,the com
La consent to judgment in this action, and have delivering them up to any one? It is therefore advisable to amend the drder by asking, sa mittee stage. The measure brought forward
would have been asked in a statement of claim, by Mr. Collyer, on November and, is a great
for such further and other relief as the nature advance on the Bill laid before the Legisla.
of the case might require, which would enable ture in 1888, which failed to become law
His Lordship to make an order for the delivery owing to the inconclusive and unsatisfactory
up of the goods to the plaintiffs only, and he manner in which it was drawn up. That
would ask that the writ be amended according A. S. WATSON & CO., Bill was condemned because it did not go
ty. After quoting further authorities on the subject of costs from which the inference was far enough; its scope was so narrowed as to
that, if the wharfinger does not do his duty as make the Bill practically ineffective. In the
so laid down, he must pay the costs incurred first Bill the registration of partnerships was
by such refusal or neglect to do so, to be purely vo. ntary whereas in the present Bill registration is compulsory. During the past two years there has been heard in Singapore as in Hongkong a great deal about the stagnation of trade, the tight ness in the money market, the failures in the native baznas, and the gloomy prognosti. pations as to the prospects of trade generally In the near future. The reasons for the depression in commercial and financial circles.are not far to seek. The Eastern | did not take place. Daily Mail, which devotes a lucid leading (3 article on the subject, finds that the undeniable set back given to business throughout the East, consequent upon tlie | recent⋅ Russo-Japanese War, the results of over-trading generally during the year im
Per "Dozen
LIMITED.
$16.50
WINE & SPIRIT:
MERCHANTS,
ALEXANDRA BUILDINGS.
Hongkong," 28th October, 1905.
GREGOR & CO.,
|
LOCAL AND GENERAL. TRE ex-Russian battleship Retvizan has ar rived at Sasebo.
THE Fussian cruisers Rorría, Gromokɔť nad Bogatyr were at Nagasaki on the morning of the 29h oh,
LEAVE of absence on private affairs to the" neighbouring countries has been granted to Captain S. O. Boyd, H.K.S.B.R.G.A., from 4th
to 12th inst.
SERGRANT Matthews Royal Garrison Artillery; left on the and instant per 1.5. Chuson, for Shanghai, on appointment to the Shanghai Volunteer Corps, orderly room sergeant. MARQUIS Ito had a farewell audience of the Corean Emperor on the 28th ult. and a final conference with the Corean Ministers the same day. He left, homeward bound, at noon on
the 29th.
!!
*
Owing to Mr. Geo, P. Lammert, having ar ranged for the sale, privately, of the steam. launch Dakin, advertised to be put up for auction by him this forenoop, the public sale
J
uz sale by public auction of Chan. Tung Shan's property known as "Glenseskin," in Seymour Road, with a total area of 103,450 square feet, which was to have been held to day, has been withdrawn,
filed an affidavit to that effect.
Under the circumstances it is desired not to put the defendants to any further expense than is necessary in safeguard the interests of the plamliff company and to indemnify them gainst the expenses the latter have themselves incurred. But inasmuch as the plaintiffs are not in the Colony and their desire as to wheiber all that is claimed in the endorsement on the writ, and to which, upon the, au thorities, they are strictly entitled, cannot he unimediately ascertained, it is necessary that Counsel should ask for judgment for all that is claimed. The defendants' solicitor has been informed that no peps will be taken on the judgment as regards the delivery up of the goods, and the account or damages, until definite iustructions are received from the plaintiffs on the subject. It is thought to be very possible that the plaintiffi will not insist upon the absolute destruction of the marked goods, the erasure of the mark on which is impracticable, although they are entitled to insist upon such destruction (Farina v, Silverlock 4, K. and. J. 650), but they will allow the goods to be disposed of if some other indelible mark is placed upon them which will serye clearly to show that the goods are not of plaintiff's manufacture, and they may or may not insist upon an account being taken of the profits made by the defendants of the sale of the previous lot of goods. Counsel therefore claim as endorsed on the writ of summoha. A attorney, Mr. F. X. d'Almada e Castro, stating Jetter has been filed from the defendant's then
Hls Honour gave judgment for plaintiffs in terms of the modification and amendment of the motion, and costs against the defendant Company.
their ca
ociati
THE INDO-CHINA STEAM NAVI
GATION COMPANY
Frequent travellers between Tientsin and Shanghal will be glad to hear that yet another steamer is to be added to the already excellant service on that run. According to the P. &aT. Times, the Indo-China Steam Navigation Company, for whom Messrs. Jardins, Matheson and Co. are the agents, have a steamer now on the way out here, which in point of passenger accommodation will be hard to beat... She is › known as the Koousing, and, will carry forty { first class European, passengers and sixty first class Chinese. She be 275 ft. long be wean perpendiculars, and being specially bullt for this river will draw about 8 ft when light, so,that the siale of the river' will be very bad indeed when she cannot get over the Bar. She will be about the size of the Waishing, but of The President of the Imperial Council of course mach improved in passenger accom=" Finance in Peking has drawn up the following modation and appearance. regulations in connee ion with the clculationThe company is also building two new boats of the four kinds of silver coins in Chica. "of the Worang type, but with considerably, im- There regulations have been passed by the proved passenger accommodation, which are Throne and will come into effect as soon as the
to ply between Tientsin and Hongkong. Then 'steamers will fill a long felt want, for the direct coins are put into actual circulation in the journey to Hongkong cannot be accomplished manetary markets. They are:
gat present except under somewhat rough and
weight precisely out of which 9.5 mace is to be
The first kind will be 1. Ku-ping tael in ready condilons."
of pure silver and 1 mace of pure copper; while the second, 3 mace, will be composed of 4.8 mace of pure silver and 5 candareens of
CUINAGE OF CHINA.
mediately preceding the outbreak of hostili. { RETURN of visitors to the City Hall Library would apply for judgment for the whole of the pure copper; the, third, a mace, is to be made
ties, and the land boom reaction have all contributed in some form or another to the disasters that have befallen trade in Singa- pore.. Then again, it must not be forgotten that the alarming fluctuations in exchange
and Museum for the week ending the 3rd 87; total, 295. Museum-Non-Chinese, 141: inst.:-Library-Non-Chinese, z08; Chinese,
Chinese, 1,611; total, 4,753.
that defendants, had been fully informed that
such an application would be made, and they
1.7 mace of pure silver and 3 candaiccus of composed of 8.3 candareens of pure silver and pure copper; and, the fourth, x mace, will be
are in the coined exactly in accordance with the
WATER RETURN.
Level and Storage of Water la Reservoirs on the rat December
LEVEL
1904
1905. of above) Tis "below overflow. Coverflo
overflow ovariów.
Tylam..
55 candareens of purs copper, All of which Byewash.281 below 283 below A HONOLULU despatch of 28th ult., to the had agreed to judgment to save the expenses passed designs of this Council or the Directors Pokfulam 10' 9". below) 17% 5% balow 19, QUEEN'S ROAD GENTRAL have also had a deterrent effect upon Far Cablenews says:-The crew of the Russian of instructing Counsel' and of having plead of the mints will suffer this same penalties as Wong-pai: 45:42′′ below.) 8:45′3′′ below
CLARETS
FROM
MIN MARCEAU,
Bordeaux..
AWARDS: GOLD MEDALS AT
FARIS 1900,
HANOI 1902,
BORDEAUX 1895,
DIJON 1901,
LILLE 1902,
Eastern trade and, lastly, credit generally has suffered, one reason among others being the non-registration of partnerships. It is true in the Straits as in this Colony that European and American manufacturers and merchants have been, and are compelled to
warship Lena is in a condition of mutiny aboard the ship here. The Lena is on her way from San Francisco to Vladivostok. She was interned in San Francisco for many months,
VICEROY Yuan proposes to invite the other Viceroys and Governors to join him in the presentation of a memorial, embodying 'an smaking of opium. All slaves of the drug, who are under fifty years of age, are to be compelled to cure themselves of the evil habt,
ings. The plaintiffs did not wish in any way to be listed on the defendants, but only desired to protect their own rights.
With regard, however, to the delivery op of the goods; it must be remembered that the goods are at present lying in the godowns of the Hongkong and Kowloon Wharf and Godown Company, against which company an
has been granted, restraining them from part. ing with the possession of the goods, and that such company has a lien upon the goods for godown rent, and so on, (Moei . Pickering, 6
sanctioned by the Throns some time ago, it
2.-These now silver coins will be used either for Government or private purposes at their respective fixed values. Persons will suf.
fer severe penalties if they are to charge dis.
count
10
limit their business because of the impo8: appeal to the Throne to forbid, by law, the injunction in another action by the plaintiffs People the 5 mints should coin of the Ku-ping
line.
J
four-masted steamer Marwarri is still ashore THE NCD. News of 30 ult, says-The
two miles east of the Kintoan Lightship and each tide seems to drive her further up. Four tugs and several lighters have been had are still busily at work upon her, bus although she has been lightened considerably, it was doubt, ful yesterday as to whether she would go of on the night tide. She will probably require online arger whole carse, retose it will be possible to tow her off,
4.
His Honour: Then I give you judgment and costs as prayed, the question of damages to be settled by further inquiry by the Regis
Mr. Pollock: Yes, my lord, that in what was want..
Úrar.
4
THE SEQUEL Mr. Pollock, under the same instructions, in
sible conditions under which they are forced to trade, and by reason of the uncer tainty as to whether they are trading with proprietors or partners in substantial busi- ness "clops" or with "men of straw." Our Tux enterprise of the Messageries Maritimes. C., 770, 8 C.D. 372) Southem contemporary asserts that, when
has warranted that great French steamship
His Honour: But how can I give you judg. partnerships are duly registered, a fillip will company to soon extend its service to Manilament on the subject of damages in the absence
and the Philippines. The Annan will be the of any evidence? . be given to trade which can hardly be inca first boat of the company to arrive at Manila,
Mr, Pollock: We want judgment in full of sured; the results of which can only re-act which will probably be on December 11. The
our claim, but the plaintiffs may not press for to the Colony's advantage, and should out. Annam sails from Kobe, Japan, coming direct damages. weigh the petty opposition that exists against to Manila, thence to Europe with calls it Sin the Bill led by a small minority of self-apore, Colombo, Aden, Suer and Mediter seeking merchants who are afraid of a little can ports to Marsculos, the terminus of the wholesome outside competition which the new order of things will undoubtedly bring about. The Bill now before the Legislative Council at Singapore, as readers of the Hongking Telegraph will have gathered from the resume appearing in these columns some time since, is one which, if passed, will largely contribute to the increase of trade by removing a great obstacle, besides affording better protection to the European merchant, both in the East and on the other side of the world. As is pertinently pointed out in A FORMIDABLE yet necessary 'increase in the the journal we quote, in the Straits as well as U.S. navy has been recommended by the in Hongkong, we require no restrictions to genera! board, of which Admiral Dewey is our trade, we welcome all efforts put forward president. It has been learned that this body tending to foster our manufactures and in-
has asked the President, and Secretary Bona dustries, all conscientious endeavour made lowing ships during the coming session: Three parte to urge Congress to authorize the fol- for the purpose of increasing our trading battleships of a dieplacement which will enable facilities and improving pur financial credit. them to carry at least ten twolfe-inch breech. The registration of partnerships will do much loading guns; ilx torpedo boat destroyers, six towards that desideratum. It is rumoured torpedo-boats and four submarine, torpedo, that a few prominent merchants and Chinese proposed by the general board the displacement boats. In order to carry the number of guna dealers in the Straits have expressed opinions authorised, for the battleships must reach at against the new Bill, but it should be pointed least 18,000 tons. A recommendation has been out again that one of the clauses explicitly made also that Congress increase the displace states that the Bill will only be compulsory from 16,00010 18,000 tons in order that they may ment of the battleships 7dake and Mirieriffs with firms started in the future; what their be equipped with a heavy ballery of twelve-inch objections to that clause may be it is diffguns in framing the report Adasiral Dewey cult to surmise. It is further understood and the general board haye applied the lessons [33-4 that the Chinese Advisory Board are also of the Russo-Japanese war-
Amsterdam 1895,
Hongkong, 4th July, 1905,
ROUEN 1896,
VIENNA 1907;
"overflow debut, overdowej 3/24
cheong... overflow
Overflow STORAGE GALLONG. HASDAT
1905 295,900,000
41,650,000 29,540,000
Tytam...... 385,160,000 Pokfulam
Byewashans
[Total.
reduce their price. For the Wong-nal-chaong sake of convenience to all descriptions of
tael dollars and 1/5 for each of the other 3 kinds of auxiliaries In proportion to the amount of coins coined out of their respective mints per day.
3.—The auxiliaries should only be used for charges below: ten dollars (ie, to Ku-ping dollars) and the receiver may refuse receipt for any of thess 3 kinds of suxiliary coins when value is over ton. The regulations regarding the change of copper pieces with these sliver coins will be prepared when sufficient informa tinn has been supplied by the various Viceroys, Governer's and Tartar Generals about the existing state of affairs in those copper mints In their respective Provinces,
4.—All the Metropolitan, and Provincial - Treasuries and other Government offices, iclegraph, railway, "ande hipping companies throughout the Empire ilus these silver coips for the payment of duties and all sorts of taxes.
The authorities are only silver or syces if they cannot obtain these permitted to receive or pay horse shoe coins at that time. The head office of the National Bank of Chins in Peking will issue bank notes corresponding in value to these silver coins for circulation in company
with these coins.
427,840,000 325,440,000 and Hill District during the month of No
Consumption of Water in the City of Victoria
390440251905))
Consumption...123,229,000 110,409,000 gallons Estimated po-1 216,000 „,250,000
pulation, Consumption per head.per
.18.2:
168 gallons day... Consumption of Water in Kowloon Peninsula during the month of November.
Consumption....15,680,000 Estimated po:1 pulation.
Consumption)
day.
per head
per
*1904)
70,700
4,000 gallons
#gallons
The Goverment: "Asalyı!"roports that the - water is of excellent quality,
TESWEATHER,
Authority
The following report is from:Mr;F}\G. Fint Assistant of the Hongkong harvatory
On the 4th at 11.55 2m. The harometer has fallen over HE.Japan, and risen in W, Japaniuges Mo *** Pressure la highest over the Yellow Bea, and lowest in a depression moving into the Pacific to the NE. of Japan
Gradients are slight to moderata. 54 55 Fresh to moderate monsoon may be expect ed in the Formosa Channel and the N. part”, of the China Senceritaka
Forecast-moderate NY, winds) ine”
SHIPPING AND MAILS.
the case of the North British Rubber Co., Ld., v. The Hongkong and Kowloon Wharf and Godown Company, Ld for an injunction to restrain defendants from parting with the possession of 15. cases of india rubber shoes stored in the defendant's Godown No. 8, and marked with a "Llon Rampant, which is plaintiff's trade mark, moved that the injunc
-The Wai Wu' Pu (Board of Foreign tion be gmated with an amendment. As it Affairs) will officially write to the various for stood the injunction was against the delivery eign ministers in Peking informing them of of the goods to any one in the world, and he the introduction of the silver standard to China now asked that the judgment for the in and requesting them to instruct the merchants of their respectiva, countries to use thene 4 junction be amended to read "to restrain the kinds of silver coins for any commercial pd
the saine way as Chinese subjects in defendant company from delivering up the poses
accordance with the existing commercial Trea- goods to anyone but the plaintiffs.".
Mr. Pollock said this action was brought forties newly concluded with some of the foreign
Powers. an injunction to restrain the defendants from 6-The Directors of the 5 mints are at liber- parting with the possession of 15 cases of rub. | ty to receive syces or Chinese and foreign. ber shoan now in their godowns, which goods dollars from Chinese officials of merchants for Indian (Luiseng) Bin Fortinya were marked with a fraudulent Imitation of the coining any of these 4 kinds of allver coins in rendered necessary by the refusal of the de should each establish an official bank with plaintiffs' trademark. This action had been their respective mints, e
7-The various Viceroys and Governors fendants to give any undertaking not to deliver branches at those important, centres, to have up the goods unless an order of the Court recharge of the selling of these new coins to the straining them from so doing was obtained public for preventing trouble between to be taken to obtain the injunction clalied, a markets for circulation, the various Viceroys cut and the Straila) The defendant Company required prompt action bad naive bankers and the peoples and he does(cores 5-When these silver colos are pot into the The CBN CO though the defendants might have been joland and Governors should issue official notices for os and inst with defendants in the action above-ment the Information of the populace 10 14.30 vald thound Against forge and Company foring Imperial Rescript The Throw the rule
ungepistary suspicion or fear on their party. fringing the plaintiff's, treds mark, it was noted and passed this memorial Paling GoMA
MAIER: TUFAN
Ger. (Print Elist Friedrich) 'gih igot, noon.
Australian (Chingsu):17th insta {"German (Prinx Waldemar) 17th inst,
in Campilan (Ewärers of China) soth intt. The Boston Tom Beat Co
at Yokohams on and fest,