Intimations.
THE HONGKONG TELEGRAPH WEDNESDAY NOVEMBER 18, 1908.
Non-British Firm, which was the exact fac simile of a mark registered in the United Kingdom and in that case the Imperial Government would be pledged to extend protection to two identical marks against A. S. WATSON & CO., each other. This difficulty could, however,
LIMITED.
· ESTABLISHED A.D, 1846
be overcome by requiring that as, in the case of letters patent, trademarks should not be registered in this Colony until they have been registered in the United Kingdom." Of course, it is quite possible that merchants In England and Hongkong might by singular coincidence hit, upon precisely similat de signs to be utilised as trade marks; to which CHEMISTS & DRUGGISTS, case the Governor's argument would be im
peccable. Or, again, merchants engaged in the same, line of business might register marks whose resemblance was so significant
&c.
BY APPOINTMENT To His Excellency the GOVERNOR AND HOUSEHOLD.
WATSON'S BALSAM OF ANISEED,
$0.50 and $1.00
A reliable remedy for all severe, acute, chronic, and lingering coughs and colds, Relieves hoarseness, sore throat, tickling in the throat, and difficulty in breathing.
WATSON'S COLD QURE TABLETS,
$0.00.
WATSON'S COUGH LOZENGES,
$0.75.
For alleviation of bronchitis, hoarseness coughs, asthma, colds, and disorders of
the throat add lungs,
WATSON'S
WILD CHERRY COUGH SYRUP,
$0.75.
Highly recommended.
WATSON'S IMBROGATION,
throat, &c,
$0.60.
LIMITED, A
KOWLOON DISPENSINY. Hongkong, 23rd-October, 1958,
he Hongkong Gelegraph
THE PAR BASTI
A Landlord's Duty.
NOTICE TO TENANT NECESSARY.
IMPORTANT DECISION OF THE CHIEF JUSTICE
npply the ralf the reason is applicable to the bow circumstances. Two other cases cited Broggi v. Robbins and Tredway v. Maclin de not carry the law any further. The material laqu'ry lo this case'is, therefore, what is incled- ed in the lease of a flat? Does it include the roof?" I cannot accept the reasoning of Justice
Byroe in Carlisle Cald C. v. Muse where he The Chief Justice (Sir Francis Piggott), pre-arrived at the conclusion that the lease of riding in the Supreme Court this morning, rooms on a floor is a lease of a separate dwell gave his reserved decision in the appeal case-ing and includes the outer wall so far as it is in which the Humphreys Estate and Finance solely appropriate to the rooms let, because the Company sought to set aside a judgment of dispute arose not between the lessor and lessee, Mr. Justice Gompertz, given against them in but between two lesseas. It is obvious that one favour of Mr. P. W. Goldring, a solicitor, who lesses could not deny the right of another claimed 55:e for breach of contract, I may be lesspo to uld'the exterior walls of ono flat- remembered that the complaint was that the which he himself was claiming. But, that appellant firm failed to comply with an agree is a very different thing from saying that the meat, whereby ibey undertook to keep the lease of the for or flat included the use of roof and exterior walls of the respondent's pre- the outer wall, thereby making the lessor a
fore be put on one side...
want tf.repairs was hiloged: and the Court had held that in the present case the roof and ita apporiconaces were not demisid. Then the question, arose: That the liability of the de fandant company had assumed under its cave. Dant to repair. They were certainly not in surata, and he thought their day was to us all reasonable cate aud skill to keep in proper re pair. He found that less than reasonable care had been exercised, and that was the ground on which he found them liable...
Mr, Goldring moved for judgment and cols Sir Henry asked what cos's were wanted.
the valuable assistance of Mr. Grist (of Menses. The respondent bad appeared in perano, with
Wilkinson and Gris) and he did not think that
Telegrams.
“HONGKONG TELEGRAPH”
SERVICE,
Peking Under Arms.
* PRINCE CHUN'S. TIMIDITY.
THE CAPITAL IN A STATE OF
CONSTERNATION,
[By courtesy of the "Sheung PoTM|
Feking, 17th November... The death-bod Edict of the late The Chief Justice decided that the mutter be-Emperor was drafted left in the hands of Mr. Seth (the Registrar).
costs for a person appearing in person included the service of a solicitor.
as to be indistinguishable to the casualmises at Kowloos, in a proper state of repair trespasser if he used it. This case must there- Sir Henry Barkeley, K.Cassined by Mr. 1, Councillors Yuan Shih-kaian ad
His Lordship dismissed the appeal with
buyer. But these are purely speculative and amendment. cases, and we think that it should not be possible for the Imperial Governmeal
would resull..
Chicunty sareu vymeQVTOMURA, LAG MLUNG I
costs.
M. Hodgios (of Messrs.. Ewens and Hatton) appeared for the appellant firm. Mr. P. W. Goldring, asslated by Mr. E. J. Grist (of Messis. Wilkinson and Grit, conducted the case on his own batall..
THEFT AT WING LOK STREET,
TWO MEN MAKE a big haul.
The story of an alleged extensive robbery at No, 59, Wing Lok Street, was told before Mr.
f. L. Kemp, First Pulice-Magistrate, the
plicated are Li Tsan and Nim Hoi, and the charge against the mon is unlawfully entering the above-mentioned premises and stealing four pix-skin boxes and 143 pieces of clothing, including a val luble fur-lined coa, sggregating to the valus of $1,728, the property of one Cheng Mong Cho. Detective Sergeant Terrett
•ppeared-on behalf of the prosecution while the defendants were unrepresented,'
A shopkeeper of the Kwong Cheung shep was the first to be called to the witgsts-box He stated that be lived on the second anor of the shop where the theft was committed and spoke to having discovered the loss of the articles,
A Chinese detective was the next witness called. He said that at 7:30 p.m. yester day he found one of the defendants carry ing the clothing wrapped up in a bandkof- chief. He was leaning against a lamp.
other defendant, Witness asked defendant
A BLANK SESSIONS.
ND-CASE-SET DOWN FOR TRIAL.. The November Criminal Sessions was open-
Bal Chuk by command of the Empress Dowager..............
Prince Ching, who bad then re- turned to Peking, took no part in the formulation of the draft.
There has been a panic in the money market in Feking and over half the number of the native Banks have closed their doors.
The Infant Emperor was to ascend
customary ceremonios.
Later.
When the Empress Dowager was in her death-bed sheent for Princa Chyn to enter the Palace and forth with assume the responsibilities in
the administration of
State ou
His Royal Highness was and did not dare to proceed within the precincts of the Imperial edifice, alleging, as an exouse, that it wAS more convenient, for the despatch of business, that he should remain in the office of the Cabinet-where-he could consult the Grand Councillors more easily.
Most of the important matters in the Palace was attended to by Yuan Shih-kai.
The death of His Majesty has thruyn Peking into a state of con sternation; it has givan rise to ru- mours that there has been foul play in the death of Kwang St..
Later.
Prince Chun regards Chang Chih- tung, as an able and experienced official and generally seeks his advice on all important matters.
The only case bearing on the question-What
· is involved in a lease of a-ft it?—is Hargrova v la delivering his judgment the Chief Justice Hartapp. There, however, there had been to devise measures which would amplyaid-in this case the plaintiff was tenant for police by the lessen that a gutter in the roof protect the original user of the device one year of a fist on the second flior of a had become stopped up and that rain water in qucation, especially if he traded in the house in Robinson Road, Kowloon, and he wax coming through the roof; and that action was brought for negligence in allowing the Colonica, without putting him to the in-sued the landlord for damage to his property convenience and expense of registering the caused by water coming into the flat lake repairs to stand over for 5 days. Moreover rade-mark: in England. From the letter the following facts from the judgment of the there was no covenant to repair, and the sent to the Chamber by the Governor, turned Puinne Judge: some of them are chai-plaintiff succeeded on the covenant for quist through the Colonial Secretary, we learo, as lenged by the notice of motion in so far as they enjoyment. The judgment refers however to might have been expected, "that the major are inferences but we are of opinion that these the fact found by the Csualy Court judge that ity of British merchants in Hongkong de inferences are "sound; · "On 28th July the the roof was oot, domised to the plaintiff, but Police Court, this morning. The twamn im the Throne to-day attended: by the
Colony was visited by a severe typhoon, caus was retained in the possession and under the precate the expense and delay which would ing considerable damage to buildings. After control of the defendants, and there was no Speedily relieves influenza, cold in the be involved by prior registration in the this storm the plaintiff noticed dampness in the evidence that the plaintiffs or any of the United Kingdom; that, as their marks are ceiling of the verandah but this passed offand fenamts had any right of acces: to the roof or "head, ancering, &c..
uot used in the United Kingdom, registra- there was no leakage: Tue plaintiff apparently any privilege to go up on it, or that they had in tion there is of no use to them; and that all thought no inote about it and did not inform fact ever repaired it or cleaned out the gutter,
I agree that this is not a finding which we are they desire to obtain by registration in the defendant company of what he had seen- Hongkong is the local protection of their On the zoth August it rained beavily all day bound by, because, it was suggested, that there trade-marks.". The crowning interest of the and next morning plaintiff found water pouring might have been an express ceservation of the in through his r sof and verandah wall, causing control of the roof by the lessor. The sugges communication iles in the tail where it considerable damage to his personal effects. tion however is not born out by the reports of is stated that His Excellency's desire is He now claims 5500 as loss suffered by him in the cast all of which stated expressly that to learn whether Hongkong. merchants consequence of the breach by the defendant there was no such reservation. Therefore thin keep Court is called upon to decide what is in who register their trademarks here merely company of their agreement to
No suuc- cluded in the lease of a flat. We are clearly desire focal protection or seek protection in the premises in proper repair. China, Korcs and Japan as well? If ural defect is alleged and it appeain of opinion that it is a lease of the interior they seek the latter then, says the Governor, that the "damage was caused by water only that it gives no sight to the lesser as against the landford to use, except by which had accumulated in large quantity on they must go to England for it, because they the roof owing to the gutter pipes becoming legal necessity, either the outside walls, or won't get it in Hongkong. So there you are. blocked. They were found to be choked with the roof, or scylblag appurtenant thereto. As The Governor desires an opinion on-a-cer- rubbish and grass, leaves of trees, and "black to the cool it is too clear, for otherwise tain question on which his mind is already matter," and also with plaster from the wall, the jessee might erect an advertisement or skyst and was engaged in conversation with the made up. In what way the views of the Cham. The pipes were apparently cleared without sign on the roof, and the lesser might not, or what the bundle contained. The latter replied ber.could affect the position when the princi. difficulty by the plaintiff's coolie who was sent use it in any other lawful war. Further the that it contained some clothing, the other ple has already been settled by the authoriup on the roof, and the accumulated water gutier and pipes are clearly appointment to the defendant at the same time voluntarily remark
Although Prince Ching has been For cold in the Chesi, bronchitis, sorgties, it-is-impossible to conceive The mam thereupon escaped." The agreement contain. oct. This is made all the clearer by the facting that he wished to buy the stuff without at ed the following Chuso: "The landlords that there were two flats each floor, first being interrogated. The Brit defendant bers might bleat and raise quaverisoices all keep the roof and all exterior walls of the under the same sool, and what is true of one was holding four pawo-licks in his hand in the Palaco ever since the passing in protest, but they might as well proceed to said premises in a proper tenantable state of lessee must also be trys of all four-lessons which the second-defendant snatched and tore Jaw y of the Emperor, he has had no
Therefore, as there was do demise of that Two of the tickets belonged to Hongkong aud A. S. WATSON & CO., how in the wilderness for all the good that repair and amendment at their own coats." The
ni the reply of the secretary plaintiff sued for breach of this agreement and part of the premises which were out of repair, the remaining two to Macao, Witness subse. Voice in the counsels of State. He of the Chamber of Commerce, a plain and recovered Syco damages. The defendant is the doctrine of notice canant apply, for the queatly had the pieces pasted together (produc. is greatly incensed in consequence,
Medinform the indement of the learn- simple reason that the lessor can go on the sooled is Court). fundamental principle of law faid down by the certainly in law be as much napisi tidings wefd fills in progress why one supratents, (33"In the event of the claints of a mark re-majority of the Court of Exchequer in Makin lessor in the case put by Baron Bramwell in tive left the Court.
Ajdonos was taken and the proceed gistered by the British subject only in they, Wattioson and since adopted by all courts Makio. Watkinson. The reason for the rule United Kingdom conflicting with the claims that on a covecant such as this the lessoras to notice fails, for the lessor "may know that of a mark registered by a British subject only cannot be sued for bon-repalf, or from-damages repairs are necessary." That a cause of action in Hongkong, is would be possible for the resulting from non-repair, unless bo has therefore accrued in the circumstances, we
· HONGKONG, WEDNESDAY, NOV. 18, 1908,-
Imperial Goverment, to protest in China ceived notice of want of repair. It is to be have no doubt as another-familiar principle the one which could prove rights conferred mated-at-once that there is a difference in the which deals with accumulations of water, on -HUNGKUNG TRADE MARKS" IN by prior usage. That would appear to facts of this case and that-for here the your property which amount to a non-naturaled by Mr. Justice Compenz this morning. be a single way of surmounting the telling was of a flat and not of a whole build- use of it. Butthe action, was not brought in There was not a single care not down on the ohsincles raised by the Government-if the god it was argued that this is sufficient to this way, but for breach of the covensok to 'calendar for trial... The Attorney-General; in The anomalies and difficulties which sur-
informing bis Lordship that the sessions was a take the present case cut of the principle. We repair, and wa must see if this will lie, Government were prepared to consider the round the registration of trade marks in the matter at all. As the secretary
must therefore see what are the reasons on. It seems to me that Hargroves v. Herlopp black ose, said: I am glad to inform you that Far Bast has once again been exemplified cludes: "The effect would be to protect of fact it works out at as a principle-of-law. the gutter were not demised independently of session, There are no cases for trial. The con which this principle is based. As a inalter carries the case the whole way. The roof and no indictment has been filed for the present in the letter which the Colonial Secretary by local registration the marks of British bag as a very simple litle bit of common sense, directed to the local Chamber of Commerce subjects in China, Korea and Japan as well Barons Bramwell and Chanell admitted that and keep them in such a proper state of repair facridat no white gloves were presented The covenant a duty arises to inspect the gutters. Pulane Judge bowed, and retired. In view of the other day. It is obvious that when a as focally, but to protect the marks of other the dictom. of Chief Justice Mansfield and as to prevent water accumulating on the roof does not show that crime in the Colony, is on merchant takes the trouble to register a subjects only locally, which seems to meet Justice Gibbs in Moore v. Clark was obiter, but in consequence of non-repair; it is an a fortiers the downward grade. mark which should be the definite and the main difficulty. Under the impressione, "The lessor may charge the lessas notice was only referred to ip order to aggravate They gavi, judgment in precisely the same if there, is a covenant; auf it is clear that the upward symbol of the character of the goods that this view of the rights of prior usage is without notice; for the lessor is not on the spot the breach of duty, fix the judgment refers to placed on the market by him, he naturally supported by the spirit of the English law to sectie repairs wanting the lessee is, and the defendants as "cever having inspected the expects that the mark in question will be upon the subject, and having regard to the therefore the lesser cannot charge the lessor gutters, and delayed repairs even after receipt legally protected by the Colonial Government extreme local, inconvenience of compulsory for breach of repairs without notice, for the of the notice," and safeguarded in those countries which have registration in the United Kingdom, my lessor may not know that repairs are ne entered into specific, agreements with the Committee would recommend that it should cessary." There was some discussion as to Imperial Government. Since the discussion not be made a condition precedent to re whether the necessary words to give effect on the registration of trade marks arose in gistration in Hongkong in the new ordin
to this idea would be incorporated into the Japan, over the flagrant misappropriation of ance which is Excellency proposes to assumption that the contracting parties were covenant; but it was held that on the old-established and valuable signs in use by enact." From a business point of view the reasonable mes, and intended what was foreign merchants, and the curious judg recommendation of the Chamber is worthy reasonable, it might be done and the test of ments of the Courts which in many cases of sejious consideration but we are afraid that reasonableness was this-that the lessor may granted to Japanese merchants the right it will be pigeonholed and only heard of not know that repairs are necessary I confess to display trade-marks which they had an again at the coming of the Greek Kalends, that I prefer the words of the old dictum to nexed, negotiations have been proceeding There is one fact, however, which must those given by Baron Branwell that the between Great Britain and Japan, with the give rise to some eligit satisfaction, and that is the premises; because, quia cumer rucem defectand we are or optation to tion of the premises; because this assumes structural defects; and we are of opinion thai object of securing the due respect of trade is the interest, which the Imperial Govern- tital of the Veteor comes to repair when no a choked ditain.wips, hath literally and legally. symbols not only in Japan-but-also-inment is giving to the question of the regisrepair is needed he will be a trespassers and is in need of repairs if it is not big enough it China and Korea. The question which tration of British trade marks in foreign that it be came for the purpose of looking into is a structural defect: just as much as if the interests local merchants is to what extent countries It is somewhat curious that such the state of the premises, the lessee could pre- wall were out strong to support-the-roof-it any agreement which may be arrived at will commercial reforms and evidence of busi-vent him because that would not be a lawful would be if it is big enough but will not serve affect the protection of. trade marks whichness enlightenment invariably attend. a
cause of entry. I should have thought that a the purpose for which it was intended if it is in have been registered in Hongkong? At Liberal Administration whereas the Cobser- reasonable entry for the purpose of fulfilling need of repair. ' first sight, it certainly seems only right and waives usually, succeed in devoting their
convenant in the lease would have been. Therefore, the covenant kued on covers ibis proper that if the people of the United entire attention to the doating of impossible justified from the necessity of falfiling the cass. And the practical result of our decision Kingdom can have their Higlits respected in chemes or the flouting of friendly nations, if the lessee declined be cer.ainly could mise rooms, or flats, or floors, covered by a covenant. It might have to be by request, but is the common sense one that if landlords de- Japan, China and Korea there should be po which adds to the exigencies of trade not recover. But slibhough those criticisms roof; it is their duty to see that all parts of that reason whatever why the merchants of operations.
of some part of the reasoning on which roof, with its appurtenances, are in good and Hongkong should not enjoy the name` -pil- vileges. There might be difficulties in the
Makin v. Watkinson is based gra 'recomstry, working orday, without any correlative duty it is quite clear that the iden involved in the baing thrown on the Lanaut to wars them or way where a self-governing dominion was
decision is that where the lessor has parted give them notice of their being out of repair, concerned, but there should be none in the
with the control of the premises be capnot be The landlord's duty arises out of their relation case of a Crown Colony whichi is bound hand
presumed to keep so watchful an eye over them ship to the tenant if there is as covenants it and foot to, the Imperial Government, and A CASE where four Chinamen are charged with fance is throws upon the lessee: it so far as The Panne Judge (Mr. H. H. J. Gomperts)
11 the lessee, and therefore the duty of survetarises out of the covenant if there is one, has, as much say in matters-political-asTMa; jumping popinjay. But if His Excellency to be heard next Wednesday and is likely is the lessor notice when occasion arises for Chief Justice, and he thought the appeal should
belog in unlawful possession of thren daggers this covenant it concerned, and he must give said that he agreed with the judgment of the bis hat one the Governor's view of the situation is cor- prove of Interest;
repairing under the covenant. The Comit of be dismissed with costs. He would only add rect, it will be necessary for Hongkong mer. For stealing a few pieces of wood, a Chies. Appeal in Huggal v. Mclean definitely stab with reference to the objection of this learned chants in the first instance to register their man, who said he took them to use a fire-lished the sale and served it from the reason. Counsel for the appallsuts that his judgment trade-marks in London as well as in this wood; was fined $10 or the alternative of four. The drains in a hante wore in defective con in the Summary Count was based upon the Oblong if they wish to obtain the benefits teen days at the Police Court, this mornlege-
dition; the tenant bad not the means of know-ground of aggligence, though negligence was which is to be extended to participatom in the
log thal condition, but the landlord had yet in fact no part of the plaintiff's claim bat joint agreement. The reason for this dictum vacancy in the committes of the Hong- this was held not sufficient to relieve the tenant he may havh fünderstood, and wished" is given by His Excellency in the following kong Chamber of Commerce caused by the re from this implied condition of giving notice,
therefore the circumstances are identica termes" "Otherwise a mark might be regit
must not look at the reign bot
LOCAL AND GENERAL. Ms. R. M. Smith has been elected vice- chairman of the general committee of the Hongkong Chamber of Commerce:
gretted untimely death of Mr. R. Brodersen has not yet been filled j'it is left over to be sither, by a Britisk or causidared at a fatica data.
·
But putting this on one side, the case against the soundness of the decision, of the Taisne fudge is put as strongly as it can be put in the notice of motion, in paragraphs (3) and (4). and parcel of the flat let to the plaintiff",
The pipes and gutters on the roof ars part We are of opinion that they are appurtenant to the roof, and were therefore not let to the plaintif
"The covenant only extends to structural de fects of the roof and walls and not to choked drain pipes".
therefore to remove the app:
3)) was establi „that the doctrins
applied where
I
DR. LAMA, the American oculit, intends to to remaic a few days before going on fo-Japan, He is now at the Victoria Hotel; Canton, where visit Hoogkong again in three or four weeks,
be will remaid till the 26th inst.
themselves on buard the s., Namsang thereby Stx men were fined $35 each for secreting obtaining a free passage from Singapors to Hongkong. Cheng Ki, a coolis residing.at Yau-ma-t, was also fined $10 for being found do the German Mail steamer-Kleist without the permission of the authorities,
The Palace is closely guarded, General Cheung Kwai Seng... within and without, by troops under
Tann Pang, Yum Cheong and Wang Orders have been despatched to
Hsi-chang to hasten to Peking wi their foreign-drilled troops.
on him, Prince Chun hesitates to ast In view of the existing situation and appreberding personal violence
as Regent.
..
disappointment and proposes to re sign from the Grand Council as soon Prince Ching does not conceal his
as the funeral-ceremonies are over,
Later.
1
YESTERDAY moming the steamer Hong Bee guarded, and there are unmistakable The Forbidden City is strongly reached port from Singapore, Bad weather signs that the political atradsphere was reported during the trip. Besides a num ber of passenger there were on board forty in the Palace is abnormal. deportees from the Straits Seulements. TheyPeople in the Capital are becoming were taken.io.custody by the police, who are taking the necessary steps to return them to panic-stricken under a tension of un- their respective homes The following telegrain was received the ster. have, in consequence, prohibited the certainty. The Grand Councillors
noon, by the Rt. Rev. Bishop Fozzoal from His despatch of letters and telegramglest of Pontifical State Vatican, Rome, in reply to Eminence Cardinal Merry del Val, Secretary State secrete-might be given away at the telegram-despatched-to-4-is-Holiasts the the present critical juncture Pope by the Hongkong Roman Catholica on
the 16th instant!="
"Pozzoni, Hongkong.
The Councillors have telegraphed. to Viceroy Yeung Hei chang to pro- The Holy Father thanks, amiably sends ceed to Peking by Express train to the requested blessing.
attend a conference on important
WHEN a certain publican was called upon to
"Cardinal MERRY DEL VAL."
affairs.
interpret in a cais" from the Russian language about Prince Ching that he has The course of events has so put into the English language and vice area to the taken ill it is feared he cannot best of your ability” in the Police Coun, yesterday, that gentleman appeared to take the attend to his duties, remarked the magistrate, to have your bat od carb minus his headgear. It is customary?
Urgent telegrams have been for when you are taking the onthat-is-car-warded by the Grand Councillors.com- tomaly explained the public-house man, taining news of recent events in was then administered, but the interpreter had countries as well as China proper
when there is a roof aboya cos. When there is not then the hat is to be worn. The oath Peking for the information of foreign
6.45 pm.
A RUSSIAN, who said that his name was The unconfirmed report in reiter. Maloskovsky, was arrested in the Colony yes terday afternoon on a warrant which charged ated of the murder of the new Em- him with theft. It was alleged that Malessere peror, Po-yee. The persistence of of cigarettes from compatriot named Stagalis the rumour in Peking is adding fuel by some means or other, obtained five cases the other day. The cigarettes, valued at Fico, to the fire of excitement prevailing were consigned to Amor, And it was farther in the minds of the alleged that Malerzévsky got the hill of fading
and took posás mión of the goods) Maleszewsky
The foreg
was, charged in the Police Court this morning our wollt with the that He pleaded ont gailty to the, charge and was remanded. Bail in the amm