Telegrams.
| Renter's,||
The Wigan Colliery Disaster.
· LONDON, 21st August, All hope of rescuing the entombed miners of the Maypole Colliery has been finally abandoned, and it has been decided to flood
the mine.
The Congo.
The Brussels Chamber has passed the third reading of the Congo Annexation Bill, and it is believed that its passing through the Senate is assured.
THE HONGKONG TELEGRAPH MONDAY, AUGUST 24+ 1908
An Imaginary
Syndicate.
'A DISPUTED MORTGAGE CASE.
JUDGMENT OF THE QUIE? JUSTICE.
27 he Chief Justice (Sir Francis Pagoti) gave is reserved decision in the Suprema Court, this morning, in the case brought by the Hip On Iawiance Exchange and Loan Co., Ltd, and the Hongkong and Manila: Yuen Sheng Exchange and Trading Company, Ltd., against Li. Po. Yung and 'Li Po Kam, of Alexandra Building, to recover the sum of $49,063 52, which the plaintif firms alleged was the balance of principal, interest and cosis due after deduct ing proceeds of sale and payments on account The American Float at Sydney. Admiral Sperry in command of the Auteri: under a mortgage dated, soth January, 1955, made between Li Po Kam, the defendant, of can battleship Acet, in an interview at Syd- the one part, and Yu Yuk Chi and Li Fo ney, said that the enthusiasm of his welcome Kwai, of the other part, to secure repayment was almost beyond belief and that it was all of $150,000 and interest, which the man the more pleasing to think that it indicates gagors jointly and severally covenanted to the heartfelt sympathy of two English;speak-pay and which sum and the securities there Ing nations, united, not only by ties of blood, for were duly transferred to the plaintiffs by deed dited zzod July, 1905, and made between but by great commercial interests in the yo yuk Chi and Li Po, Kwal of the first party Li Trung Pak of the second part, and the plaintiff of the third part..
Pacific and elsewhere.
Later
Old Age Pensions. Mr. Lloyd-George, who is in Berlin has paid a visit to the German Minister of the Interior. He intends inquiring into the German system of old age pensions..
been as prayal, but should have been for leave to redeem, and that the Hongkong Firs shou'd have been made s'party, hit do not agree to at all. The first prayer is sufficient to
હા હું ry the counter-claim, and ato Entile this carry defendant to relief, if he succeeds in establish-
facts:in=30,"f
nedṇare wholly imaginaST?
purchas
xcept the thres,ka um dir vik Ting whe aru, much less his limbill. ng his allegations. What follows, should he ties They all think that they have subscribed 10 succeed, la consequential, msulting from the between them $62,000 for the purchase of the act of the defendants to the counter-claim ; and | prép and their shares, of the St,ooo sub-
I
To-day's Advertisem
am dispared to think-paras, 2 and 3 of the scelbers are afrath, but what of Kwok Vikix months ending 30th June 1958,
The case as it stands against Li Ee Kam certainly one of the most extraordinary I have ivar board in this Coust,
HONGKONG "AND WHAMPOA DOCK COMPANY LIMITED. NOTICE TO SHAREHOLDERS. THE DIVIDEND-of 8% per Share for the declared at Monday's Ordinary Hall-Yently Meeting, will be payable at the premises of the Hongkong and Shanghai Bioking Corpora tion, on and after, TUESDAY, the 25th August, and Shareholders are requested to apply for Dividend Warrants at the Company's Office, Queen's Buildings, New Praya.
By Order of the Board of Directors.
THOS. I. ROSE, Me Secretary. Hongkong, 24th August, 1908.
1784
GREEN ISLAND CEMENT CO, LTD..
INTERIM DIVIDEND of Forty
A Content Share of the Six Months ending 30th June, 2008, will be payable on the 31st August, 1938, on which date Dividen, Warrants may be obtained on.application at the Company's Office.
......
The TRANSFER BOOKS of the Company will be CLOSED from the 26th to the gist August, 19:8, both days inclusive, d
⠀⠀⠀⠀ SHEWAN, TOMES & Co.,
General Managers. Hongkongs 24th August, 1908.
PUBLIC AUCTION.. HE Undersigned bare received instructions THE Und
to sell by
prayer might have been omitted, the whole Ting did not kanw himself, and persisted ground being covered by Further by other Inclong time saying that it was flath of $60,000 till be saw the, error of his contention. The relief in Manga S
is mortgage to the Hongkong Fire was concluded
by Kwok Yik Ting the contract for the build đằng, wau made by Kwok Yik Ting, some of the The action was 5f ught originally against money has been paid from monnys received Li Po Yung alone, and he took out a summons from the Hongkong Fim, but there is a con to join Li Po Kam as a third party. When sidemble sum owing to the contractor, which the summons came before the in Chambers the be, the contractor, has been told to raise where whole thing seemed, os affidavits before ha cao, Kwok-Yik Ting having said he will pay me, somewhat unusual. The mortgagee ap- the interest. This somewhat peculiar arrange peared to be suing one of two joint and several ment with the syndicate is certainly not deser mortgagors, leaving him to his remedy byaring of the term bɔgas': but neither can the against his co-mortgagor. I did what seemed members of 11 plame themselves by applying the most natural thing in the world-ordered to it the term dons fide 1, therefore, describe him to be joined as co-defendant: But this it as imaginary's that is to say the relation document was in existence (exhibit sh), which of the facts to the description of it as set the defendant contends is a relense, but which out on the plaidings is wholly imaginaty the plaintiffs contend is an agreement hot to The extraordinary, document which was call. In this case the plaintiffs claimed that by an sue; I am told that the plaintiffs' solicitor, op-ed as a "decinration of trust' is either equally indenture of mortgage dated 20th January,posed the summoss, and as it was called, pro-imaginary, or the facts glren in evidenca are fancifullyhairue. 7 take the facts si 1,05, the defendant and Li Po. Kan, as mort-tested I don't quite know what that means, gagon, in consideration of certain parties but what may have happened and probably did related in cocusrios with the 550,000 syndi. named Yu Yuk Chi and Li Po Kwsi, es mon happen, was that the solicitor said "We cannot caic, because I am under the impression that. sageel, asuting and Li Tsung Fak, the brother 08 Li Po Kam because we have agreed not to the $95,000 scheme is equally fanciful, and de of the defendant, and of Li Po Kam, in the sel sue him"; to which my reply would bare been, vised for the purpose of bringing Li Po Yung's tlement of his affim and in payment of his and probably was- Sell out in so affidavit." naut, and his alleged desire to have a abara debis, agreed that they would, on the zoth Bat qothing more happened, except this strange in the scheme. The subscribers were all sot British adviser to reorganize the Turkish January, 1925, reply to the morigigee all sums thing-that the action proceeded against Li Po tied before the 31st October, because the of money not exceeding $150,00 as should Kam, in spite of, this document which, what money was said to have been paid on or before have then been expended by the mortgagee, ever it may be iu rostity, the plaintiffe very that date. Bome were Tam Tis Kong's friends, some were Kwok-Yik Ting's friends. Then Li Po Kam assigned as security certain lands. earnestly contended was an undertaking not to A sum of $150,003 was paid to the plaintiffs sus him. And I suppose they wanted to get on ikat-day Tam Ta Kong Wanted some do in respect of the debt of Li Trung Pak, and judzment against him, in suppose also met signed for the protection of his friends,
and one was signed, which was a few days | by content, Yu Yu't Chi and Li Po Kwai trans-
The justification put forward was that the after torn up and another substituted for l ferred to the plaintiffs mil their rights under the indenture of mortgage, the interest being plaintiff's were not really fuing this defendant, which is exhibit 16. As this was drawn up by
a solicitor I must obviously take it to have" redeced from twelve per cent, to eleven and a bat were compelled to do it by order of the
been drawn up in accordance with instructions. The sum of $150,000 had not Court. Apparently, they regretted the nscen- half par cent, bees repaid, but the defendant had piidity which an unto ward order of the Judge in Now this document was intended to be a de- ING. GUN in case by W. Field, Birmingham $4,31,30 as interest. The plaintiffs, on 31st Chambers had forced upon them. To my October, 1956, sold the property for $180,000, qlery, why was there so appeal to put matters but had to pay the longkong and Shanghai straight, although as a matter of fact a second summons would have been sufficient? the Bank meme $60,6613ɔ for principal, interest, and costs on their mortgage for 163010. The astonishing Boswer was defendant owed the plaintiffs a balance of $49 Constitution of the Count!" which means the would have been aselos -ing to the peculiar 66 1.53, Li Po Yang, the first defendant, denied plaintiff by his counsel deliberately allege, and absolutely that the transfer to the plaintiffs was nade with bis consent. He did not either Cup:auppaso bilieve, that if I had been shawe sent to a reduction in the rate of interest. In this agreement not to sue I should hava per- November 1975 he commenced an action whichisted in my order that they should sur. I de was withdrawn upen the plainuff agreeing not clipe to treat such frivolous remarks si serious. It is an impossible feri um quid to the only
Turkey.
The Parte has decided to engage a
navy, and a French adviser of finance.
Macedonia..
The Times St. Petersburg correspondent. reports that Baron von Achronthal, Austrian Minister of Foreign Affairs, has notified M. Iswolsky, Russian Minister of Foreign Affairs, of his intention to give Austin Gendarmerie officers in Macedonia prolonged furlough, on the ground that their presence may evoke untoward incidents, the "Young Turks" greatly resenting foreign interference.
I'alci. The Russian gendarmeric officers in the service of Macedonia at present absent, have granted an extension of leave with a view to their ultimate recall,
British Politics
Mr. Asquith, who returned to London from Scotland yesterday, Ind an hour's con- ference with Sir Edward, Grey, thereby provoking numberless surmises.
It is semi officially stated that the confer. ence was arranged prior to the Cronberg meeting, and that it is not connected there
with.
costs:
yen-" An appeal
PUBLIC AUCTION,
FOR ACCOUNT OF THE CONCERNED, //TO-MORROW (TUESDAY)" the_25th August, 1908, at 1 to AM, at their Sales Rooms, No. & Des Voeux Road,
corner of Ice House Strent,
SUNDRY.....
HOUSEHOLD FURNITURE,
PICTURES, TABLE CLOTHS, BLAN. KETS, &
Also
ONE COTTAGE PIANO and ONE BARLOOK'S TYPEWRITER ;
·AND
ONE BORE HAMMERLESS SPORT-
TERMINAS usual. ·
claration of trust, and therefore is a very suri-weight 18 lbs. ous document, and I think ought to be con strued rigorously. It is made between Kwok Vik Ting, and Ng Li Hing and Tam Tis Koog.
For this suggestion ignores the real question which arises in connection with the value. It
is
not as if Mr. Turner had advised in October, 196, that the property was worth $195,000, and Kwok Yık Ting had offered $18,000, which 1 am far from saying might not have pissed munter; but whether having the $139,000 vila ation before him, the bargain actually made is enable that bargain to be juglfied. Obviouly the considerations raised by this view of the case are very different to the one Just referred to; and I am of opinion that the difference is
HUGHES & HOUGH, Auctioneer. Hemykeng“, 24th August, top
FROM EUROPE.
THE H.A. L. Steamship
"BRASILIA".
Intimations
YOU
MAY BUY
FROM US A
VICTOR
AT
$2 per week.
CALL AND HEAR
OUR
LATEST
RECORDS,
IMPROVED
MACHINES
AND THE
[787 MARVELLOUS
AUXETOPHONE
THE
ROBINSON
PIANO
Captain Schwinghammer, having arrived, Con- in their Bills of Lading for countersignature ignees of Cargo are hereby requested to send by the Undersigned and to take immediate delivery of their goods from alongside Kaw loon Whiul.
Optional Cargo will be forwarded unless
DAY. notice to the contrary be given before TO Any Carga Impeding her discharge will be andfor extra hazardous Godowns of the. Hoog kong and Kowloon Wharf and Godown Con↑ Hoogkung, 22nd August 1508 Limited, and stored it Consignees' risk and expense.
It is conjectured that it may be related to case valid for more than the sums already paid la this connexion I'must repeat what i said: "töp farga for the bargain to stand justified by ⋆ | fandod at Consigone's risk into the basardous.
the recent incursions of Mr. Lloyd-George and Mr. Churchill into Sir Edward Grey's
domain.
America and Australia.
zand' August," American newspapers are interpreting the enthusiasm of the Australian welcome to the United States hattleship fleet as meaning -that Australia looks to America rather than -10 England, and some warn her that America would not interfere in any quarrel with Eng- Jand or Japan involving the integrity of
.Australasia:
Later,
Fighting in Morocco. 'Reuter's Tangier correspondent wires that - an official wireless message has been received reporting the rout of Abdul Aziz advance guard by Mulai Hafid near Marakesh, and it is further reported from a most trustworthy source that the whole of Abdul Aziz army' has been decisively defeated, fleciog in con. fusion, and that Abdul Aziz himself has been captured.
1.
-
present-valu stip.
The sale therefore must be set aside and the necessary rectifications made in the register. Fermal judgment will be entered for both defendants on the claim, and for LiPo Yang
All Claims must be presented within ten
to hald him Habls in respect of the mortgage other afternatives, that my decision in Cham-sufficiently Bear to the valuation now made, to The second defendant, Li Po Yung's defunct bars was in some extraordinary way misunder Iwas thatho wasïnaware what sum, if any, had į
been paid by Ya Yuk. Chi and Li Po Kwaiged, or was deliberately taken advantage of and that the mortgage of asth January, 105 must add this: that there are certain methods of procedure which do not appeal to me at all. and the transfer of July 22nd, 1935, were in nd on the latter date. He further stated that the during the trial about another tastier, that I do foot approve of the non-disclosure of certain' sale made was not a real sale, tut a pretended documents the syndicats receipts. They were transaction at a gross under-value whereby the documents which it was most material for the plaintiff had acquired the property at a price defendents to see; they were covered by a con- less than two-thirds of ths of value.. Heidered decision which 1 had given not very on the counter-claim, against bath defendiats days of the steamer's arrival hare after which denied alus any indebtedness to the plain.
No Claims will be admitted after the Goods tiff, because they had agreed to release him long age on the paint involved, which had been to the counter-claim, with costs data they cannot be recognised.
reported. And although the affidarit of docu- What the form of the order will be rousi be have left the Godowns, and all Goods remaining frem all liability.
judgment was delivered for the defendaniments in this case had already been fled when argued, as it may become a very complicated mat undelivered after the 31st Angust, will be sub on the claim with costs, and on the counter that decision was given, a further affidavitter. The question of redemption of the Heng.ject to rest: claim a decision was entered for Li Po Yang ought to have been made at the time of the keng Fire Co's morigage was much insisted. All broken, chafed, and damaged Goods are with cous.
filing the amendment to the defence to the
ent I am not sure that it will arise; it depends to be left in the Godowns, where they will be counter-claim, in para, 8 of which the members on the attituds taken up by the Company, who examined on the 19th August, at 3 RM.
No Fire Insurance has been effected.??
HAMBURG-AMERIKA LINIE, of the syndicate and their contributions were may be willing to have it transferred to the specially referred to. Judgment will of course new owners. But this in turn depends on
Hongkong Oficers many other considerations. When the parties Hoogkong, 24th August, roo8.
1785 be for the defendani Li Po Kam with coste, As to the larm of it this must be considered are ready, the form of the order can be made
the subject of a special motion for judgment
|
"lothe course of his judgment the Chief Justice said: In this cave LiPo Yung and Li Po Kamare sued by the lip On and the Yuup Sheng Com- panies for the balance, $49.000 odd, doe on's mongage given by the defeadsets on certain properly known as Marine Lot "M.L.. 5740 which they are jajat owners, credit being given for the amount feal sed by the sale of the pro party. The mortgage was given originally to Yu Yuk Chi and LiPo Kwai, and the plaintiff are the transferees. The defendant, Li Pa.Kam, sele up an agreemoor with the plaintiffs by which they undertook not to hold Him liable in rsp:cl of the said mortgage
later.
I now came to the case of fraud, which arisen in the main from the fact that the can- agers of the two plaintiff companies were on the syndicate which, it is alleged, bought this property at as appreciable undervalue. Gross undervalue as originally alleged is not proved: and appreciable has now taken its place.
"LAWN BOWEN,.
CIVIL SERVICE DEFEAT POLİCE.
On Saturday afternoon fast the return mulch between the old rivals the Police and the Civil Service-way rolled off at Happy Valley The garae turned out to be a very interesting one. The police team opered well, and for a white lack seemed to have been keeping on their side, but towards the end of the game the Civil Service mea drew up and won. The
Wireless Telegraphy. An American, De, Forrest, has, with the consent of the French Government, engaged the Eiffel Tower for the establishment of values and further that it was mil i fide on the gages from the original mortgageei in sheer scores were : Civil Fervice, 813 Palice, 65
wireless communication between Pari and New York.
He le confident of success.
A GUARANIONS RESPON SIBILITY.
CASE FOR THE DEFENCE OPENED,
* Now, the case as it is set out in the plead ins, and as most dexterously set forth by the learned counsel, is pristine in its innocence; it positively scintillates with virtoons.endea vour. 'eld were these companies who had been obliged to take this transfer of the mort- self-defence. There were heavy debts owing to them in respect of which Li Po Yong had made himself liable: there were other creditors who also held mortgages pressing who had de termined to sell the properly: wi b great difm culty the suction advertised bid been poste P. G. McLennis(skip) W. Fincher (skip) poned and 3 months grace obtained the money
The scores of each team are as under:
ŽE POLICE,
JOEYCÍVIL SERVICE PC OE
Iesp. McHardy.
to pay off these creditors had to be found, and P. C. Glendinning also as much as possible to cover the debts, Pair
C. Parkinson
R. Fenton
A. M. Thornbill
P. R. Adams
A. G. Pile
C. Bond
The defendant, Li Po Yuug challenges the sale of the property, on two grounds: that the purchaser Kok Yik Tiogawas not as inde- pendent purchaser, and that the safe was not a on file sale, but was made at a gross under ground that the managers of the plafatifi con papies were themselves concerned in the pur chase on their own behalf. This special head of defence required considerable development in order to affct the plaintiff compsains, the Arivumam of the charge being against the two managers; and it was suggested that this did not fall within the allegations to the Statement of Defence. I do not think it right to construe pleadings too rigorously, at the same time the due to themselves: a sale ha 1 to be contrived; P., Watt At the "upreme Court, this forenoon ME. M: waggestion was properly made. I think, how it had to be literally forced on, and apparently long. Robertson (skip) W. R. Kelly (skip) W. Slade, who is appearing for the defence, ad- ever, that the facts alleged is para. 5 of the | the's were no purchasers: four capitalists had
at this most evil Insp. Langley deaned the Chief Justice at great length in the Statement of Defence are sufficient to support refused the offar: when, at case in which the Imparial Bank of Chine is the legal contention in this respect which was juncture the Roi appears out of the machine loup. Hanson
in the shape of Kwok Yik Ting, with an offer of Jasp, Cameros claiming from Leung Shui Kong, compradora raisid uppi them. to the C.P.R. Company, (1) to rećover the sum This defendant then counter-claimed, adding $120,000 cash down, cuth down being of course Jasp, Ritchie (skip).
•of $146,045 65, being the amount of surety of the purchaser, Kwok Yik Ting, as defendant. 'the'necessity of the situation, What could the one Leung King We, deceased, under a written to the counter-c'alm; his claim, based on the mortgagons, do, but to accept with alacrity?8 Fox contract dated 28th August, 1897. (1) Comsborg facts, being that the sale be set aside, Now, Kwok Vik Ting, although he was, rather |J; Quion pound interest at the rate of eight per cent, per and the necessary rectification made in the modest in describing bis own achievements in C, Bell Kusum with half-yearly interests upon the va| Registry,
connexion with the sale of land (be said he asp. Withers (skip) rious amonte composing the amounts from the This defendani also raised as a point of law, had no experiance in such matters and could following dates respectivály—(6) Interest'on 'the the agreement between the plaintiffs and not, understand why Li Po Yung and others $186,998.85 from 15th Novembar, 1901, untit Li Po Kam above referred to, resulted in re should have selected him to try and put through payment or judgment, (b) Interest on the sum leasing him, in virtue of the old rule that the the business) was în fact a building speculator, of $10,606 79 from 1st May, 1902, (c) Interest release of one jint debtor releases the other and in connexion with M. L. No, 57, had made of the two clubs played a game of their own,
which ended in win for the police. Toh three sums (5-5,444,75, : 513,550.51", and-
pretty and most innocent-faɔking plan, bas- $62,444.44) from rat July, 1900, until payment orodemast
Conasel raised a number of points in do- fance, the most important of which were
!
But Kwok Yik Ting after purchasing the pro
perly mortgaged if to the Hongkong Firelator- | ad, as was pointed out to me, on a piso much ance Co. and it will be necessary for Li Po in favour among the Chinese Yurg, in the event of his succeeding in settlog which would buy and divalon properly, aside the sale toobtain some special form of relief foe bonies and letdog them a The syndicate would put dealing with this mortgage, which was further reais complicated by the fact that some of the mort- in cash, and wontó raise Si
the Hosg gas money was specially allocated to building gay operations, which hare been undertaken, and 7the ap. Eurealmost pleted.
ein) added to the rali
1. The defendant's liability determined on the expiration of the agreement of the 13th August, 1897, fe, the agreement in force when the guarantes bond was signed,
ARCOL
the sp
R. Hudson
A. Carter
R. Duocan
J. A. Wheal (skip)
W. H. Woollay
E. W. Dawson M. Mclvor LE Breit (skip)
20
<At the conclusion of the game the "skip"
COOLIE med Li Kwal, no fixed place of abode, was chalked this morning, in the Police Court, with being a vogta and Tag banishment.” – Aceas
Was ar
*
"INDRA"› LINE, LIMITED, NOTICE TO CONSIGNEES. FROM NEW YORK VIA SUEZ CANAL,
THE Company's Steamship
"INDRANI " having arrived from the above Ports, Consignees of Cargo are hereby informed that their Goods are being landed and placed at their risk in the Hongkong and Kowloon Wharf and Godown Company's hazardous and/or extra hazardous Godowns at Kowloon where each consignment will be sorted out mark by mark, and delivery can be obtained as soon as the goods are
landed.
Goods not cleared by the 3'ist insi, at 4 P.M., will be subject to rent.
No Fire-Insurance will be effected by us in any case whatever.
All damaged packages must be left in the Godown, and certificate of the damage obtained from the Godown Company within ten days after thé vowel's arrival here, after which to claims will be recognised
Optional Goods will be landed here unless instructions are given to the contrary before 3 P.M., TO-DAY.
JARDINE, MATHESON & Co., Lid, ⠀ Agents..
(785 Hongkong, 24th August, 19082A
NOTICE TO CONSIGNEES, FROM SINGAPORE, PENANG AND CALCUTTA.
THE Steamship
"JAPAN," : baring amived from the above Poris, Consignees of Cargo are hereby informed that their Goods will be delivered from alongside.
Cargo Impeding the discharge of the Vessel will be landed at once, at Consignsen' risk and expouse, and
My Cargo remaining on board ate 4. P.M, of the 25th instant, will be landed at Consignees risk and expense,
Cangosas of Camo, from SINGAPORE and PENANGE are requested to Ikkn":134- MEDIATE DELIVERY of their Goods from alongside, such Cargo impeding the dis- charge of the vessel will be landed and stored at Cous gunes risk and expense.
*No Firm Insurapos,
Bill of Lading!
CO LTD
KOWLOON
NOW A DAYS „KOWLOON 18 THE HOME FOR AMUSE-
MENTS."
GYMKHANA
DINNER
WILL BE SERVED
ON
SATURDAY,
the 20th inst., at 8 p.m.
THE FAMOUS 13TH RAJPUTS BAND
WILL PERFORM DURING and AFTER
DINNER.
HOTEL