NOTES BY THE WAF.
A MEMORABLE MEETING.
· I havs ef,en wondered what would happen If the Hongkong Sanitary Boord were ore day to be wiped out of existence by some super tural means. As often as not, one takes up his daily paper with an almost cer ain feeling that
WAR
•
THE HONGKONG TELEGRAPH SATURDAY DECEMBER 17 1010
CASUAL CRITIC,
NEWS FROM THE NORTH,
(Specially Translated for the "liongkong "Telegraph"}
a barie The observation atrack the judge as belog so funny that he developed a fitf uncontrollable laughter. The laughter Jursed lata violent hiccoughs, which lasted ter dare Specialists tiled to barish the hiccought and have now aucceeded in reducing them to afrequent periods, so ibnt the judge will re- cover When the biccoughing began the sens
pes published the fact that specialists bad bto summoned. Hundreds of sohappolated his eyes will fail pn some fuony passage, seins
hiccough experts from all parts of the country times fall of humour, At other times pa ap
sent sugested cures to Judge Austin, hey Jaspired oration ove. Rawing with pregnant pathos. The last mesting of the Board varied from tickling the soles of the feet to sleep- undoubtedly one of the liveliest ing the bed-room floor with the fret ou the my recollection. Excepting the fact that windowsill. There are some of the joys of life His Excellency the Governor with bis usual that Hongkong may ever hope to attain, tact and wisdom attempted to potr oil ever troubled water by submitting to the Board a well-considered minute, in which he tried to show some of the a official members that the Government was not so black ash was paint. ed, the rest of the proceedjogs was of a cficiently exasperating variety to rouse the indigonilos of a philosopher and ex cite the risible (acuties of the ordinary man-in-the-street. For instance, thexa, wa21 a mota of tragedy in the remark of that illastrious City Father, Mr. Shelton ooper, delivered with a degree of meekness which sat i on the fighting veteran, somewhat to the following iff : What's the wegfeur com- irg het when members of the Exccative Council who are member altos Beard cost attend our meetings but there and over-ride our decisions?" Sound's like the House of Lords entering the sacred, precices of the Upper Chamber and arrogantly throwing out the people's Budget whih had ben piep with considerable patience and energy. And when interrupted by snuther unoffici:i member (the irony of it) who vigorously asserted the righ's the Executive Council, the hon. gentle maz, conscious of "ktory, offici1 b cking, startled his cell agus, both fficial nad us afficiat, by calmly stating "thall proceed antil Fm ruled out of order by the Chair-
aud, la tbe opinica
of
the
THE QUIVE IN PEKIMO.
It is reported that quite a large number of reopla bave recently voluntarily discarded their quenes in Peking. Half the body of the trcops a practically all the members of the Imperial Geards are now queueless. The Midiary of Foreign Affilte has presented a sra'ed memorisi to the Throne praying that all diplomatic officials be allowed to discard their queues brt in retain the presect style of dress. The Prince Regent is in favour of the dircard- ding of the queus but tipulates that the nation. al costume should remain unaltered for tha present. The Diplomatic, Military and Police services should first change their restrmy and the ethers will be required to do to as soon as clicumstances permit.
CASC
HOUSE OF PARLIAME T.
|
SFORTING.
SATURDAY'S EVENTO,
12th inst. Another good day's sport was enjoyed o Saturday in bolt the football and cricket line. Only one mitch was played in each division of the Football League, ens being closely coo. tested and the other a one-sided affa'r.
The first match in the Triangular Le gue between the H.K.F.O, the Navy and the Army was played off between the Club and the Navy. The civilians were lo grand form and put up an excellent score of a; 8 for 8 wickets. Penice. was responsible for go, Turner for 6, and Hancock for 44. The Navy team only com piled to runs. The league match between ibe Kowloon Cricket Club and the R.G.A. re sulted in a draw, as will be seen below. The Yorki also played their first league match and icored their fist win of the season, playing against the Police. The former put up 77 ruos And the latter 51.
The results of the different events will be 1e80 below:-
LEAGUE FOOTBALL.
First Division,
HONGKONG-POOTBALL CLUB.5. NAVAL YARD,
The Club t'am met the Naval Yard on Satur- day afternoon on their ground to conclude their matches in the Gist division. The game wis of a fat patura from cart to finish and the Club gare the Yard, team all they wanted to
#KC.C.
Pearse Fisher, b Angabelmanum. 59 Elborough & Murray, b Appabein...... 5 Claxton e Gedwin, ở Aunaheim ..................... 17 Turser c Rogers, b Abaibelm........... 63 Hancock & Dalyṛmple, b Aznalcim ... 24. H. Hancock c Fiskor, b Annaheini ........ Sharpin h Longheinas 17 Young b Annaheim 197 Mass pot out
Extras...
Tutal MATER Bowling, Analysis.
378
Q. M. B.
W.
Martay inom 10 • 59 0124 Aupaheim.....mná Wickham.... Paffard
Cooke DETERMARI
סי
16. 9 4
8
0 53
16
9
'YACHTING.
CORINTHIAN YACHT CLUB,
O
The fist race of the C. Y. O. four tonners, took place yesterday morning for the champion ship event and a special prize presected by an absant member. The course was as follows:- Kau'chow (Storboard), Stonecutter (sterboard), North Fatway bucy (port) and home. The results were as follows
Tima
1. Eric (Capt. Pannefather)........ 4.3) 3·5. 2. Mist (Mr. Toggali) ........................4-46 3. Evadno (Mr. Wood) .............................5:50, 3·5
COUNCIL.
Minutes fa/meeting of the Council, held at the Board Room, on the 21ed November, 19:0 Freest:-Messrs. W. Kruse (Chairman), C. bara, W, Wilson, the Health Officer, the Secre Lee, H. B. Fike, L. 1. Thomas, K. Tsudaura tary and the Asst. ecretary.
1HB RUBBER GAMBLR
431
The record discloses Bennett as plaintiff and as the only party In loferest. How long can the assignee safely keep silent respecting his interest in thera chosos in action? I the Assigno's charged with no duty to protect his Interests by giving full notice and how long can be keep silent and save his interests in this prepusty as against third parties to whom B:a- nett is a judgment debtor?
THE CATHAY TRUST KHUT OUT. Judgment was given at the U.S Coort for China at Shanghai on and inst, by Mr. Rufus H. Thayer, Judge, in the mater of the applice tion of the Cathay Trust, Ltd., to be entered as
The contention of counsel terms "to. a pary in the suit of Bennett versus Brooks, jadgment having already been catered for be that no barden of this character rested upon plaintiff on the cndition that the sbaret lathe Cathay Trust; that it was competent for issue was deposited with the Clock of the that company to step in at any time, whether Coat.
before or after judgment, and whether before Mr. Wright appeared for the Cathay Trust; or after some some judgment creditor agulus Mr. Fleming for Mr. Brooks.
Beoncit had sought to secure relief for himself Honcertend b's judgment as follows by impounding this judgmont la Bennet In this case the amount sued for was faels favour, with a disclosera of its interest and that - eight thousand four hundred and 6't (Tis.pon such disclosure made at such a time, the 8.450) alleged to be the purchase price of cartais Rabber Bhares purchased by the plain
O under lostruction of the dalondast.
The record discloses that before the case was sat down for trial the defendant submitted an affer to counsel for the plaintiff to confess judge ∙ment, on condition that pliatifi file the shard. la controversy with the Clerk of the Court, to be turned over to defe: dint as soon as the judgment shall have been satisfied. Following this tender and in accord therewith, counsel for plaintiff delivered the shares to the Clerk and the defendant, on the following day, November 8th, 1910, filed his confession of judgment, and authorized judgment to be on tered to the full amount cialmed, viz: feels 8,453, with interest and costs of Court.
On November 9 h, 19ta, the defendant filed with the Glerk an assignment to himself of a
In this caso, obtained in this court, nn Nevam bet,3rd, 1910, in Civil Action No. 86; Cao Lai Ting and Chun Fing Yee vs Bennett, in amount tacts 8973 and costs of Court, and submitted a mailon fer an order of set-off of this judgment against the judgment corfested by him in the pending cause.
in by the margin of two goals. In the first KULÄNGSU (AHOY) MUNICIPAL judgment against C. R. Beugelt, the plaintiff and close to halltime the Yard forwards gained. hall beth teams mais deveral attempts to scara the honour and scored a well-deserved goal. Thereafter the Clab tried their bist 0 equalize bat nothing resulted,. The second It has been decife that the building of the half play was of much the same nature The cend and last goal of the match. House of Perament will be erected according as in the first. The Yarders scored the so. to the style thatulog in Berlin, The Cost Club bad bad luck; every time they had a estimated at more than one million tiets. Tho
game resulted in.a'victory for the Naval Yard construction of the new building will by com.try at goal the leather went too wide. The mencod next spring.
by z gols to ml. Goggin in goal played a ratiling came and all cedit is due to him for the small score. Aitchison after an absence of a few weeks from the field was again to the
mac." It sounded like an ugly defiance mej-rity of the members and the busy scribes, was regarded as nothing short of a calamity in view of the hon. gentleman's violent passion in the direction of rhetoric, Eut it was
INSTRUCTIONS BY THE PRINCE RECENT of the longest lane havieg a turning. The boc.
The Princo Regent ban given instructions to member was sufficiently magnanimousie refrain from Glling the board-zoom with the volume Pispare constitutional reforms touha Minister of his cratosy to the criest at Wes at fist of Pats and Communications and the Minister anticipated. The other hon alleman bAgriculture, Industry and Commerce and to trayed somewhat of a reciprocity of feeling by delegats a number of officials to invetti
railway and mining effairs in the various lavishly disposing of short but expresivo apithets by way of paying arc fol compliments, Provinces. And of such-like amenities did Tuesday's mee!- log consist.
A MUNICIPAL ANOMALÝ, Then wo bave the impressive sight of the President of the Board blowlog hot and cold in the same bie tb. The question was raleed whether a certalo Sanitary aspecto could reasonably by granted three months' vacation leave prior to his retirement from the service. One of the u:official members declared that It simply meant that the applicant was trying to "plach" a bigger pension cut of the rate-paperi, go away three months earlier and get somebody else to do his work for Lim. The king cartaloly sounded like hepping tho many favours on the gentleman's head. Tho President said that the inspector was entitled to his leave, whereupon the unofficial member said there was an end of the matter, and that the question required to be dealt with by the Government rate: than the Faciary Board. Either the gentleman was entitled to the leave orts was not entitled. After making vague references to certain official 10gulations, the President said he was placed is an awkward position and ncciucly declared that when he soloed the Board as President, he was given. d.stinct instructions to bling these matters before the Board and be was duirg so, That 10nda like duly well doce. The President, who, it must be admitted was plactal In a somewhat unenviable position, theo bil spos the excellant idea of allowing the genion to stand over, the fnil outcome of which wil bs awaited with interest.
NAVAL REORGANISATION.
Prince Tai-hüa end Admira' Sha have confidentially prepised to the Eeloce Regent that a foreign loin should be raised for the reconstruction cf the Navy. Although the
hrone is contemplating the appropriation of a potion of the prvy pass cf the late Emperor for the purple, there is still a large sum of money wanting. The Prizes Regert has dire approved of it e`idea, as he is firmly of opinica that the qcation is likely to be fraught wik the most serious itses
CHINESE ENGINEERING AND VINING CO.
Duke Tsal-ist and HE, Sheng Kung-pic agree with H E. Cheng Kuei-lung us the as- tion of the sedemption of the Chinese Ergi- neering and Mining Co.'s coal mices at an as early a dite as possible, ard. bave reported to the Throno lo that sente. As the Prince Re feat is also of the same opinion le gestion will probably be ally settled in the course of a few days.
THE RAISING LOANS.
The Government of Kwaichow Province has memrise the Thrine that in accordance with Imperial Instructions for the opening of mines is that province it is agreed that in the evect of foreign capital being raised, the coun try's severel, rights wou'd be affected, so it is rw proposed that the system of raising loans should be the tale as that adopted by the various countries is order that a mining company may be established, The Board. concerted has been fasticcnd to discuss tho matter.
THE POSITION IN TID3T.
fast; he is in just as good form as before: Hongkong Football Club: Goggie, Hamilton and McCubbin Long, Biron and Gregory: Altcheson, Forbes, Moos, Goldenberg and
Freese.
The minutes of the last metlog weie read and cor firmed.
The Committees were re-formed as follows: Finaate, Messrs. Pike and Tsudimabara; Watch, Mesys, Tho cas and Wilson; Works, Kes.15. Kruse and Lee,
A letter fem Mr. D. Whitefield was read, proposing that Council should exchange with Lim certain land. The Secretary was directed
to inform him that the Council had no power to sauction the extbange in question,
A despatch was reid from the Senior Con- Mosul, enclosing a note from Haifangting, con- cerning certain stolen property pawned in Amoy,
Naval Yard: Ryall; Carlisle and Conart; Anderson, Haw ard Makey; Watkins, Farlase, Read, Sullivan and Morgan."
Second Dirixton
BOYS' OWN CLUB v. POLICE, The above teami met en Saturday af noon to decide their match in the sixth round of the stond division. Play through out was cf a one-sided ra'ure, and the Boys had matlers all their own way from start to finish; the game. retulting in a victory for the B.O.C by seven coals to at The l'olice can hardly be blamed for the heavy
defen's each week
as this year is the first in which they have taken, up football. With more practice with the leather they shou'd piva á better account of themselves. The B.O.C. has a pretty strong comblostion this season and we will not be surprised to see the head the table at the end of the competi
tion.
NAVAL LEAGUE FOOTBALL.
HM.S. "MINOTAUR" V KMS, "KENT." The above teams met on the Naval Yard Groued to decide their match in the Nayal Leagus competition. The geme was through
finotaur by two goils to one. out an even cot ar d resulted in a win for the
LEAGUE CRIOKET.
X.C.C. V. R.G.Ą,
The Captalouperintendent reported that the followlog cises had been deal with at the Mixed Court since the last meeting:
Summonses,-Breach of sampan sekulations Breich of Marcipal Regulations (Dis rderly house); Refusing to quit premises 1; Assault Sammary Arrests.-Creating a disturbance 2; Breach of Opium Regulations Assaulting police in the txecution of their duly 3, Assault
W. KRUSE, Being abroad afterra M. N. without a light,
(Signed)
Chaliman
1.
By order,
C. BERKELEY MITCHELL, Secretary,
Minutes of a Special Meeting of the Council held at the Board Room, 03th 74th Never ber, 1910. Present: Messrs. W. Kuse (Chairman), C. Lco, P. 1. Pike, L. I. Thomas, K, Tanzurabarb, W. Wroa, the Secretary, and the Asst. Secretary.
The ques'in of obtaining the services of Mr. K. Noda, the artesian well expert from Formora, with a view to an early start bein made on the work of sinking an experimental artesian well, was discussed. The Secretary was directed to communicate with Mr. Nedá ard ascertain whether he was prepared to cofue over to Amoy and sign a contract to sink oda arferien wel, in accordance with the estimates he gave the Council of the tath September last; and, if so, to cable the earliest date he
leave for Amoy.
Up to this stage of the proceedings in the sult at bar no partes in interest had apparad other than the plaintiff Bennett and the de- fendant Brooks.
court must immediately allow intervention and ignore all possible intervening intarests: & more statement of this contention car:los with
its apparent rantation as in conflict with the good reason of the law which requires daa diligence of every assignee of chosen la nation, as agelost tights that may accrue to third par tics without notice.
And here it may be noted that while countel stated in argument that, Brooks had notice of this assignment, to such allegation is made in the petition. Mere statorent of cou.sel on such a material point does not afford founda tios for judicial action.
The general rules that no person can be treated as a party to a judgment who was not also a parly to the action Freeman ou` judg menis, 257. There are exceptions to this general rale but there are none which in principle would include an assigres whicso interest was assertion of any other claim by thi d parties. not disclosed before judgment or before the This does not contravene the familia tulos in equity which counsel has cited in relation to recognition of an assignes's rights to a suit whe e'the action is brought the name of the assigpor.
Such rights are of course subject to timely assertion under equally familar rules.
Such are the facts and such are the rules of law applicable to the facts, in respect to which this third party now as alive to intervene upon the assertiod that be le the real patty-plain iff In this cause. !! his allegation that he held an assignment from the plaintiff of those ch ses lo action be accepted, it is quite ob view that he has not been diligent in disclosing id interest and that no reatoaab's or lawful excuse has bee2 £ffered therefor.:
The judgment tenderad as a set of in a judgment recently found in this court against Bennett, the plateliff la this canzo. As fo specien of the record shows that the action against Beonett was filed August 10th, 1910, prior to the date of filing of the suit at bar.
But on November's th, 1910, a petition of a third party, "The Cathay Trust, Limited," a Hongkong Corporation doing business in Stanghal was filed asking leave to be jained and head as interested parties ou said motion.
lo support of said petition, the pe itloneras allege in substacce
1. That as the 20th day of June, 1010, C. R. Bennett, the plaintiff in this causo, had trans ferred by a document to writing, to sa'd cor poration all bis right, title and interest lo respect of all sums of money due and payable
No defence was made: Judgment was by to him by the June settlement on the Shangha Stock Exchange, as set out is the petition filed def.alt. That action was based on a pre- In the action of C. R. Bennett versus F. M.missory note which bears dalo April 21st, 19:0 Brooks
long prior to the date alleged as the data of 2.That by virtue of said assignment the assignment from Btunsit to the Cathay Trost, Tiba assigament was made to the Cathay owners of all sold sums die and owing by.F.Trest as alleged, it is quite obvious, that in said Cathay Trush Limi el, are the absolute
making sald assigement Bennett ignored this M. Brooks.
Said petition is verified as to, facis by the obligatica then outstanding. It is tran that the obligation had not at that time been re- General Manager of the Corporation, under plaintiff in this cause. Ried a so cal ed "petite any disclosure on the part of the Cathay date of November 25th, 191. Mr. Benneil, daced to judgment, but it was so reduced prior Trest that it had any laterest in the css at ilon," in which he makes substantially the sime statem as contained in the petition of the bar, as such, on the facts now on this recoid," Cathy Trust, adding in paragraph.31
it appeals mero strongly to the tease of justice of the Tedge of this Court, for equitable con sideration, than dose the belated claim of the Cathy rust Company.
Bat the said nation, C. R Bepact versus F.. Brooks, was brought at the direction and for the use of the said Cathay Trust, Limited." Assuming these allegations to be true, the vital question for consideration seems to be whether or not the assignee of Bennett can be allowed to intervene at th's sings in the face of the prior claim for staff filed by a fudgment
creditor of Bennett
When the motion came on for heating the Cantt allowed counsel appearing for the Cathy Trust, Limited, to mart cipate in argument on condition bat he limit his discusilon to the
question stated,
But for the intervention sought on the part of the Cathay Trust, the application for sei-off would have been readily grattad, that mater being determinable at the discretion of the
Court.
Freem a on Judgments. Volume 2,80 Scc.
As no satisfactory resolt has been accom- and resulted in a draw. The scores and analyses with his s'aff of borers, machinety, &c., could 57, Ct de District of Columbis,
"100 BIG A PILL TO SWALLOW.”. The Chinese have always been given the clatit, and rightly to of being a patient and long-suffering face, but who would have thought of pills being rammed down the innocent throats ofbowilling pa'icals Yet this is practic.lly what the suggestion of the Registrar-Goceral submitted at the meeting of the Sanitary Board last Tuesday amotots to. The suggestion is evidently therut come of malariat puva'ence in Stau-kl-was and the suggested remady takes the form of quinlan pills diatributed free, gratis and for nothing, but which is evidently repulsive to the native taste, The Registrar General stated that to for as mere applications for the pills ware concerned, John could easily be induced to oblain the tiny balls from the Police fuspec- tor of the district just to please the latter gen-y tlemas. The averige Celestist has a happy is stated that with a view to hastening the kanck of doing things apparently against bis will to please his superior if by to doing be development of the natural resources of the various provicces, the Prince Regent and the cin stafa a de itable object lu, as the Re-
Grand Council are contemplating the ap gistrar General very wisely pointed out, not much goed wou'd be derived from Gor-pointment of a Commissioner to the Straits croment's efforts to suppress the maiszialtlements to enlist capital and ergineer. scodige unless there concerned wero mačeg skill (mong the Chinese residents there. to swallow the pill in the presence of theIt is believed that the appointment will Inspector In the alternative, he suggested most probably be made in favour of HE. that native dispensaries should see to the taking Yang-sbi-ki, the Vice-Minister of Agriculto e, of the pills if it could be done with pref: 1 Industry and Comtnerce, who was previously
sent there as an Imperial Commissioner. bops the scheme will succeed.
pished in connection with the reorganisation of the police, military and other affairs in Tibet, the Grand Council intends to requart the Prince Regent to recall the Vierra", HE. Chic-Erh Chuen, to Feklog to consul; dim en the matter,
IMPROVEVENT OF TEA TRADE: The Chinese Minister to St. James, Lord L. Chirg lang, with a view to improving the Chilutse tea leduairy, ha sent the Micisty of | Agriculture, industry and Commerca ai sim
ples of foreign tea at present in popular demird with the arggestion to give them a trial on China's tes plantations.
EXIT THE QUEUE,
·DEVELOPMENT OF THE PROVINCES.
REGENT'S POWER INCREASED.
The Frince Regent bes been summoned by the Emprors Dowager Yu Lung in Ludicece and was informed that oxing 'o the embart ratsed state of the Empira'the adralnbtration of reform should be carried out in the public interest and shra'd any reform be found ad- vantageous he should put it into effect him. self and need net.co salt Prince Chlig,"
H.E. TANG SILAO-VI.
This mich was played on the Kowloon sido are as follows
..
KOWLCON.
F, Sutton, b Bagnall
18
... 27 $7
... II
J. P. Robinson, e Thicknesse, blatis L. E. Frett, c Clapham, b Winkworth Lt. Haughton, c Watts, b Wink worth Lt. Bunbury, c Clapham b Winkworth...... 17 Major Chitty, st. Thicknesse, b Garnett W. L. Weiser, not out..... 4. C. Brawd, not out.......... W. T. Elson, b Garnett........................... ......... A. R Raven and W. Corwen, did not bat.
SUBSCRIPTION GRIFFINS.
The record bath of twenty-six subscription grifies for the Hongkong Races arived from the north yesterday by the s.s. Chinlus and were drawn for a Vennedy's Causeway Bay Repository at 5 p.m., the drawings iesult ig as follows.
21-Dark Grey, Mr. Boyce. 23-Skewbald, Major Wilberton, 24-Nutmeg Grey, Mr, Maceio.
-Spalted, East Polat,
9.
I
6
238
0. M. R.
W.
71
3.
30 I
50 1
47
*
31-Grez, L'eat. Braly.
Extras CARS - ESTARKABLEst, sem sövektor
Total fer wickets
Bowling Analysis, Winkwrth..... 13 Bagnt11........ Garnett..........................
0 I Patil.......... 14.
Goodall.....2017 1
10
2
RG.A.
36
B
D
Cipt. Clapham, e Robinson, b Chitty......... 17 Orpt. Garnet, c Brawo, b Chitty 1. Fail, b Haughton Lt. Bagcall, lbw Haughton Capt. Cras fraughton
1 $5 Lt. Wiltshite, c Chity, b Wearer ................ 40 Lt. Thicknesse, c Elsco, b Haughtan Lt. Hlickcock, not out ........... Gr. Watts, not out
Br. Winkworth and Gr. Goodell did not bat.
Curren
Total for wickets.....
Bowling Analysis.
6
184
Q. м.
R.
W.
8
38
10
0
45
4
S
ar
10
15
I
TRIANGULAR LEAGUE.......
il, K. C. C. 7. MAVY,
Besides the Sanitary Board, the abcvs topic claimed a good deal of public attention during the past week. I have zothing but reverent remarks to make arent the subjo. What a metamorphosis, Indeed, bas almest one-half af Chinatown undergone while the other half is patiently waiting for the Imperial Edict which is so long in ct ming, Almost all walks of life are represented in the ranks of the newly-
It is stated that owing to no improvement | Hreli...... formed Queueless í rigade and jadgig from the picased expressions on their feces, they having taken place in coperction with the ill-Haughton - une prise ness of B.E Targ Ehio-yi, Acji g Minister of Chitty an ara danbiless glad ef having been rid it last of the useless encambiance. The demonstra Posis and Communications, he intends to ted. | Brawa ...............nes' sterreninis tion at the Chloend Club on Sunday morslug der his resignation during his leave of Weaser omnia lumbar was a remarkable affair in eve scorect and absence Thera is no fanedailon in the report prestated several colemn features. hele is that he was in die greement with H.B. Sheng- amolher aspect to the question, and that is Kung Pao, the Vice-Minister, or that there was that those who have atrasdy pii.cd with their sny difficulty in dealing with the question of queues are undergoing a process of mid the foreign forn advanced by the four different manyrdom owing to lack of uniformity and groups of financiers. through being subjected to derision on the patt ofill-advised foreigners. Personally, I think the Chinese havá always ante..ained a lingerieg dislike for the cuffu e which is fast maklog its disappearat com Chino, but whatever their feelings might have been, they gave no indication of them in the absence of a tirosy leader. Now the country is .f all of leaders. With every success to the moyement.
DUTCH ENGINKER'S DISMISSAL, The Foreign Ministerial Corps in Peking have inquired from the Minister of Foreign firs the reason why the Da'ch Civil Engi ator of the Whampoa Conservancy Board bas bien d'amissed by order of the Viceroy of the Two Kwangs, B.E. Chang Jen-chon.
THE SOLOMON FUND.
FURTHER DONATIONS.
DANGERS OF THE HOBBLE SKIRT That twentieth-century terror known in fashionable parlance as ibo hobble skit has more than ore disadvantage, to be earn, but who would bave thought that it nearly caused the death of a 'sober-bonded Jodge. Yet news comes from America that a Lobble skirt, warning donations towards the fond for the Solo for the fist time by his daughter, almost crused mon family have been received, and Aro uc
Mrw, N. J. Stabb informs us that the follow
the death of Judge Alfred E. Auxia, of South knowledged with thanks - Norwalk, Cong, from biccoughs, the Express stales. Wheh Judge Austin's daughter appear-| |-
ed in her hobbia it has įskingly rêmarked that
• Women Taïa böbble was like a girafe ja
Dr. Neble
antar
$.5.CD
H. 5...ÁLLAMETTIÐ – De Kuro 10 00 Charityojni daugi inin 25,00 Mr. T. McGregor (Fogchan)... 1309
ard resulted as below:-
NIVY, Murray c Young, b Payne........................................ 35 Paffard c Elborough, b Bird......... ... 8
16-Grey, Mr. Carningham... 27-Dua, Lieut. Callis-Browne. 28-Nutmeg Grey, Mr. F. H. Thomar. 29-White, Lieut. Lubbrck, R.N. 37-Grey, Mr. Dickson,
32-Nutmeg Gray, Lieu, Kirkpatrick.
33-Dapple Greg, Capt. Chaylor.
34- Grey, Cipt, Hughes..
What is the poshion of the Cathay Trast?" It alleges that Mr. Benne't is the nominal plairt in this su't and that he company is ife reát party in interest by virtue of an as rigament made to it by Bennett. Council argued that under these circumstances it wis allowable to bring the suit in the pan of Bennett. Such contention is not open to dispute. It is also ar,ued that any declaration
which was recited the fact that Bennett wis the nominal or lgd owner of the chores In action involved in the suit and that the petition er was the real owner, would have been de fective pleading. No authority is cited in support of this contention and cone is koown
10 The Court.
The procedure of ble Coun is regulated by Sec. 5 of the act creating the co: rt, which pro- vides that it shall be in accordance of so far as practicable with the ten existing procedure of American consular cotrs in Chior. That procedure is defined in the Consular and Cour; Regulations.
So far as defining the character and form of the pleading by which a plaintiff in a civil ac ion on a contract, shall initiate as actior, Regula Kramer.tos 1 and 3 appear to be the only ones relating
35-Grey, Licu, de Houghton. 30-Black, Messrs. Klimateck and 37-Dark Gray, Capt. Mitchell-Taylor, 38-Grey, Mr. C. H. Ross. 39-Grey, Lien Haggelt. 40-Grey; Mr. H B Pike.. 41-Grey, Major Eaton and Mr. Hough. 41-Blue DuD, Mr. J. Jobastone.
43 White, Lieut. Law 44-Cream. Mr. Kezwick, 45-Grey, Morrison Hill 45-Wall-eyed Grey, Mr. H. P. Whits. 47-White, Capt. Bryer,
ADMINISTRATION OF JUSTICE IN SHANGHAI
bereto and they impose ne zazrictions co the pleader,
As bas brea stated the matter of set-off of. reciprocal clais s reduced to judgment rests in the discretion of the court. I
goes without saying that in exercising such discretion the court is bound by its rouse of justice to which it la loherently and by its oath committed,
It is the opinion of the Court that in an en- deavsario ex:cate the power thus conferred upon it to a purticular cause or in particolar Causes, the court is not narrowly restricted. It is not my purpose to go catside the record or to consider any matter of which the court may not take judicial notice,
This Court has recently tried the case of Shakury vs Brooks, relating to share.irensac tloss a which the judgment of the court is not yet announced.
Enough evidence appears in the record'qi that cause to indicato that the plaintiff in the ection' had an agreement with the Cathay Trust, Limited, covering an assignment similar to that now disclosed in this card. There as here no disclosure of interest on the parth Cathay Trust was made. And the same is tine in the recent case of Mi- chiel vs Carmichael, in the British Suprema Coast, to which counsel referred an argument. The Court w lodolge io co presump ions by reason of this conslitent suppression of it claims as a real party la interest. I am how. ever justified in saying that the Cathay Trust has exbibited no affirmativa deslie, when op. postunity bas offered, of taking the Court into its confidence and thus permitting cdjudica. tionst ba m'de in the fullest light. That it did not do so in the case at bar resulted wholly from its own volunt ry act. It chose, net to disclose its interests until other rights without notice had attached to this judgment,
la tie view that the coast takas on the show.. Ing made the Cathay Trust is not entitled to intervete at this a age and its petition is
denied.
The mation for off-set is granted and will be glien effect. In accordarco with the terms of the defendant's confession of judgment.
THE CONFERENCE THAT FAILED.
The same section of the creating ret gives to the judge of this ccnit authority to amend and supplement sa'd ruler, bat the rules cited ra main as they stood at the time when the act an. ASQUITH AND "THE DIFFICULT VIRTUE
was passed. It is quite obvious on reading these two regulations that they contemplated a plalo and simple statement of the facts upon which the plaintiff is seeking to recover and that it was not intended that the risement ef common law pleading should be exacted.
This Court as held in several cases, not- ably a case of the Chiang Zung Match Factory vs Yek Tong Lin Fire and Marino Insurance Company, decided April 18th, 1910. in that case a demurrer hi beea filed to the answer on grounds of alleged uncertainty. The Cout said:
OF PATIENCE."
The following report appearing in a London journal sheds an interesting light on the secent Veto Confere:co which prayed a fiasco;-
In his peech to his constituents on 29th Oct., Mr., Asquith, with that quiet dignity which is so much in contiost with the style of some of bla colleagues, warmly defended the authors of the Constitutional Conference. Thi Viceroy at Nanking and the Governor
"Not only to quote bis words "was the experiment worth trying, bet in the circum at Soochow have joiety memorialized the
stances it was the bounden du'y of the states- Thrand that Staighal is a place where Chl-
The argument in suppo11 of the demurrer manship of this country to attempt it," and ha rere and foreigners foregather in largo num- ters, and there is a lot of business, with the cited the well-known rules of code pleading appealed to his fellow-cousirymen at large to result that there is a good deal of ligation. applicable geasrally in jurisdictions within the exercise for a shot while longer "the difficult Since the establishment of the Mixed Court Ui ed States. The undeveloped condition of vicine of paince." If in the end the states. This match was played on the Cricket ground China has been gradually losing her rights of practice and pleading in the jurisdiction of this men in conclave could not come to an agree- administering jatice. They therefore suggest Crust does not, however, warrart strict con- ment, it would still be found that their labours ibat a tigh Court of Justice by established fruction of the rules cited, Throughout the bad not been wholly thrown away; in tha la Shangba on the same lines as those in necessary perled of organization of this jurisdicalber alternative the agreement could only other paits of China. The matter bas been re- tion the Ccort has bein and will co-lieve to be be made effective if approved by the ferred to the Board of Justice for consideration consistently disposed to a liberal view with ie judgment of the country. It does not of course follow that Parifamedi will accept the schema and report. The Board is of opinion that if such spect to formality of pleadings,"
The Court knows of no reason why the which will be the outcome of the Conference if 'Caurt is created for Shanghai one should be established in every treaty port, and has inpektion in this case should not have disclored it is successful In the Noses of Commoza all of the parties in in'erest, 1 by reason the Government is at the mercy of the Nation- stracted its secretaries to fid out whether there
el fel'ute to do so, the tights of a party alist vete, ard Mr. Redmond is not likely 10 is any obstacle in the way of the propɔzat.
claiming to be the actual pery io interest are give his crpsent to any scheme that has secured pai in jeopardy, the excuso offered that be the approval of Mr. Balfour and Lord Lacs wis restrained from disclosing his interest in doare. Nor will the extreme Radicals and the the original petition by any rule of pleading Labourlies abaw ezihusiasm for any proposal Frincess Clementipe, a daughter of the late baring force in this count, has no foundation which falls short of reducing the House of Lords to Impotenco. Da the other hand, no King Leopold of Belgium, who instituted legal and is of no avail. proceedings to enforce her claims gainst her And it is equall true ili tauch interest could party in the Honre of Commons ly avxious for Father's estate, has accepted Ex!0,000, and have been disclosed in any format or informala.other dissolu' lon nest January, nor is there dropped the ligation. The o her daughters way at any stage of the proceedings prior to any immediate urgency for the settlement of of King Leopold, Princess Louise and Princess judgment so is to have been effective, certala- the constitutional issue, for at the moment there Stephanie, will cautious, the w salie which fly as against the defendant 'and prökably as {'ls aɔ outstanding controversy between tão twa
Housch, ogainst all third pariles, they also hayo brought against the e11410,
Priestley Turner, b Turner!... Rouquette lbw Bird .............................2 Wickham charpin, b Bird...mchi 9 Dalrymple e Elborough, b Bird...
2
7
Anrabelm b Young
K
Fisherb Young man - cryst Rogers cand b Sharpin ........... Godwin not out
Bird
ERRE A FILMORE
Extras....
Total Bowling Analysis,
···0. 14.
9. 54 20
6
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