SUPREME COURT.
IN APPELLATE JURISDICTION.
7th inst.
THE HONGKONG TELEGRAPH FRIDAY FEBRUARY 17 1011
YACHTING.
CLUB.
CLUB RACE,
money in the business. Counsel contended that the judgment given absolutely net with all the ROYAL, HONGKONG YACHT circumstances of the case, but if thore wore no facts before the, Court.as alloged, then Section 44 did not arise at all. If they took In the appeal ense, Ng Tekit that there were no facts before Tong Wong Cheong Cho, be fore the full Court, yesterday, Mr. Potter (instructed by Mr. Neodham), for the resident said that that was really appeal on the question of facts, and his learned friend for some reasons unknown had not touched on the facts.".
P
class was sailed on the 4th inst. The 7th Club race for each in a fresh easterly breeze. The course for the indicap class was Chamel Rocks (port), Cust Buoy (port); Chummel Rocks(starboard), Cast Rock Buoy (port), Meyers' East Buoy (port), 8 miles.
The following were the cour petitor
COMPANY REPORT.
LOG BOOK.
The Jamphroy's Estate and overhauled at Quarry Bay Dock Tho 8.8. Porsin, which is boing- Finance Co., Ltd., will hold isnt prosent, is to go again on the ordinary annual general meetingFrisco run hoxt month. For at the Hongkong Hotel on Satur some time she has boon engaged day at 11.30a.m.
The directors' report to be subunitted on thint occasion states that the net profit for the period, including $5,471.00 brought for- ward from last account, amounts to $75,704.99.
.
charter to Mossrs. Eng Hock in the Manzanillo trade under Tong and Company, the woll- known passenger agents in Houg kong,
TIGERS IN THE NEW TERRITORY.
56
The Lord Bishop of Victoria halda a confirmation Forrice on March 16th,
Commander C. M. Knopper, of the U.S.N., is loving for Shanghai on the
+
is going on leave for korral months, leaving on Saturday por 8.8. Asie,
Mr. Gaspur, of the Canton Railway.
+
The Pacific Mail liuor. Axin Is
Maruh.
4
Extousion Telegraph Co., is going Mr. L. II. Young, of the Eastern homo for a vacation, learing the Colony
ARE THEY MITH?
contly cast upon the story of a
A good deal of ridiculo was roa.. Asia on Saturday.
Now Territory and certainly tho tiger having boon killed in the inability of the sportsman who said he shot it was rathor dis counted by the fact that thero fully booked for her return trip. She She will now rosume her were no trophies of the else, iisque in San Francisco on the 4th of From this it is proposed to pay States under "the ling of the coming. But that there are big direct trading route to the United tho way of skin or claws, forth- a dividend of four and a half per Pacific Mail: The Porsia is a boasts of prey in the Now Tor- cent. on the capital, after provi vessel of 2,744 tons not. Ierritory seems to be beyond doubt. Dione, Mr. A. G. M. Fletcher; ding for which and paying direc.. skippor is Captain A.-Lackott. Iris, Commodore Eyres, R.N.tors and general managers'.
The latest of such animals to “bó Erien, Mr. A. Denison; Adla, Coli remuneration and auditors feos, Chapman; Kathleen, Oflicers, there remains
Capt. Pybus, of the Canadianed over there is what is dos-on Saturday par S.S. Asin. $1,181. to be carried to a now
eribod as a punku, ~ balance of Pacific Co.,.lms now retired. #
The pan was seen at Fanling profit and loss account.
We understand that a contract just before six o'clock on Satur- Dock Company for the construc- railway officials who happened to has been made with the Taikon day evening by threo European tion of a vessel, 240 feet long, foro travelling on the train. Who Another vessel is also being yards off the line, and was so the South Manchurian Railway. sighted, it was only same fiftoon built for the same Company in koonly engaged in making its Japan.
mcal off a goat that it novor oven place when the train passod. lifted its head or shifted off the
the Court, then there was nothing to argue. His contention was that Section 44 only dealt with cases in which the firm had used money bolonging to a decensed partner, without the consent of his representative, either implied or oxpresseil. The position adopte by the executor was that he left Somo discussion ensued, and money in the firm and did nothing. his Lordship held that the appent The person entitled to the money was on a point of law; for the allowed others to use it. It was facts of the case they would have a case of wrongful use-wrought|ILE. Colleen, Hon. H. E. I'L to go back to the Court. below.. in the sense that no consent. Jud lock; Min, Messrs. Irving, and Mr. Potter said that he only baen given. But it did not Alabaster; Ayesha, Capt. Loring, Wanted to clear his position affect the lendor at all. He was R..A.
In accordance with rulo No. 76 Hisense was that the partnership entitlol to his money and to
of the Company's Articles of had been reconstructed after the compensation. The executor said that bits to cross the line. Messrs. J. Scott Hurston, J. W. C. Lis, Colpen and Ayesha were Association all the directors rotire. death of the deceased. There was that he had received no interest Dono and Kathleen got a bad Bonnar, G. Balloch and Dr. J. W. no law needed to support the fat all. The ense was now stupily start. The former, however, soon Noble offer themselves for re- judgment of the Court below, one of returning the money and pikked up and got into secondolection. Owing to ill-health The judgment was supported by paying compensation, Counsel place, and when rounding the Mr. Ho. Tung does not seek re- the fact that there has been then went into the question of Cust Rock Buy the first time, election. express reconstruction of the tlie Statute of Limitations, Those collarod is and, took the partnership. This fact could not deceased diel in Singapore in lead and kept it during the re be disputed, and such, being tho October, 1899. This case winder of the race. Kathleen case there was no question of not brought on uul January, was well sailed and onsily saved low at all. Not only had one of 18 that in years find her time, thereby winning, the partners died, but in account claped. Prinin facie, the Statute The times word as follows: had yet been taken of the busi-yed such an action. Section Corrected. Marks to date ness, though the partnership lut 45.of the Partnership Ordin-Dione ....... been reconstituted: Counsel and made the amount due by Iris ........ 0. 59. 20. thought the Court had also taken the surviving partners let. Erica ......4. into consideration the letter-froin The amount the in this case is Kathleen...3. 58.03.
0. 53. 28. Mossra. Hencon, which he had therefore a debt, which was cap-Colleen 3. 58. 41.-23. put in, in evidence. The caseable of being larg by the„Ada”.......................h 0. 32: · 18. was fought.on the facts.
Statute as any other debt. So Ayesha ...3. 50. 44. long as the partners enjoyed thus | Min.
:30. ....... 4.·.4. ·51: proporty there was no application,
8.
of the stutte, but as soon as R
Mr. Stado contended that no facts had been proved in the Court-below.
Mr. Putter regretted that his
friend land perverted the incidents
partner died that statute began to
L
by Messrs. W. H. Potts and H. The accounts have been uudited Porey Smith, F.C.A., who offer themselves for re-election.
.
The Protosilaus loft Manila with a very large cargo of hemp pool via Singapore. and copra for London and Liver-
The Rubi took over, 100- passengers from Manila to the Moro fair, Zamboanga.
COMPANY MEETING.
Union Waterboat Co., Ltd.
་
Sergeants Baker, Appleton, Jackson, Davis, nel Davitt, of the Hongkong shortly for a holiday. Police, will be learing for home
·
Shangoni, left by the P: & O. s.s. Delhi to-day or Home
Sir Pulham Warran, K.C.M.G.,the retiring British Coal-General t
The Tolograph" learned on Tuesday that a terrible condition of affairs exists in the stricken districts of Manchuria,
Company's ollices, Mr. G. II. 0043.
ONE DESIGN CASE; following course Mark Boat in The re-boats-sailed over the uarry Bay (p), Channel Rocks (p), Cust Rock Buoy (p), Chan
operate, Couliselthen quote! nuthorities at grout length, in support of his contention. during the afternoon sitting of
Important evidence was hoardel Rocks (s). the Court which then adjourned un tomorrow. :
L
of Lords in 1800 would not assist Government Hojese
p
gene-
The Kunerie loft Manila for Hongkong-where repairs are to bo offocted with 4,500 bales of hemp on board.
We understand that the quos
...
***
away on the engine-rox m sinif of Mr. Robert Forguson has gone the s.s.- Haldis on the Bangkok
Mach to the surprise of the including 2,029,390,83 balance The net profits for that period, boats were on the right side of count, after paying all-charges, steerson, who all thought their brought forward froin last ne the line when the starting gun deducting interest paid and due, fired, they were all recalled.and making provision for bad-run. Haleyon swung back over the and doubtful accounts, amount to line at once and then säilod on in Company with Daphne, who had
$5,249,600.10. not returned, but there was so mich uncertainty on the part of theother three bopis as to whether they were right or not that they repined standing on the line, and
a
The directors recommend the transfer of $250,000, from the Profit and Loss Account to credit of the Silver Reserve Fund, which fund will then stand at $16,250,000.
SNATCHING FROM A
- EUROPEAN LADY.
Miss Skipton, of the Diocesan At about 5 pm. yesterday, Girls, School, was walking along After making this transfer and ing the Diocesan Boys' School
Bonham Road, and on her deducting romumeration to dir-man came up and snatched from ectors there remains for appropria-box land a hand bag, containing tion $4,984,606.46, out of which $48 in money and other articles, the directors recommend the of the total value of $50.50. The payment of a dividend of Two man then made his way over the 1210,000 and a bonus of Five Street, near the Berlin Mission, Pounds Sterling per share, viz.: embankment, and down High Shillings Sterling per share, viz: 139,000 amounting in all to 1270,000 which at 1/10, the rate of the day, will absorb $2,045,454.55.
...
Mrs. A. P. Wilder, wife of the The sixth annual meeting of American Consul-General, arriv tho-Union Waterbout Co., Ltd.,ed in Shanghai on the 2nd by took place this afternoon at the the P. M. S. Mongolia, Modhurst prosiding. There wore. Fanatau, will give a dinner at his The Consal Coneral for Japan, Mr. also prosent Messrs. P. J. Biss residence on Saturday evening to Com chop, J. W. C. Bonar, C., mandor Tataoku and the officers of the Gok, T., Kusumoto, It. Showan, rande Altand A. H. Skelton (consulting com E. J. May and E. Grant mittee), Albert Ellis, J. U. Ould, Smith (Secretary).
The Chairman said:-Gentle
manager of the Sailors' and Soldiers
The concert for the benefit of tho
Ilone will take place on the 8th Manli next, and not on the 8th fast,
as previously stated.
receive the miching.
The Commander of the Portuguese
"
er Dalbi
HONGKONG AND SHANGHAI BANKING CORPORATION.
The ninety-first report of the Court of Directors to the ordinary half-yearly general meeting of shareholders to be held at the City Hall, Tiongkong, on Saturtion of the recent collision in day, the 25th February, 1911, at Bangkok River betweon the Haldis and a North German Lloyd noon, is as follows :----
Gentlemen, The directors steamer was rocently referred to have now to submit to you a
a court ofarbitration in Hongkong. Bank, and balance sheet for the Haldis, the captain of this ship With your permis.conf will ral statement of the affairs of the The verdict was in favour of tho of the case. Counsel relief
half-year ending 31st December, being complimented upon the dispense with the formality of the evidence taken and he had
1010.
manner in which he avortodoading the report and accounts. Among the pastengers. going to. quoted it at great length in his Specch.in the Court below. He
both vessels. greater damage being done to the profits for the year under Manila on tho .. Yucnsang sic Mr. Foview amount to $36,548.50, as
Ch. Ambrosoli, of the Schweiger Am quoted no law in his address ex-
muy consider satisfactory. Our against $11,056 18 for the pre-Rev. Father G. Besnier, and Mr. RH. port and Export Co., M. Gallagher, cept on the point of estoppel,
coding year, which I think we Sharp. There was another point of law.
Marine Superintondent reports which absolutely disposed of the MANILA & HONGKONG. case, and that was the Statute of
that all the Company's bonts are will deliver a lotura at the Y.M.C.A,
On Monday evening Mr. P. Currio: Limitations. There wore ad-
VICE-GOVERNOR OF mittori, facts on both sides and PTÍILIPPINES ENTERTAINED
in good condition, and have been on "Queensland." The lecture will bo ono of the admitted facts was
well kept up. All repairs to illustrated by a number of lantern slides, BY SIR F. LUGARÐ.
boats have been paid for out of and it is expected that a large number that there had been no payment of interest finde by the plaintiff
current revenue, and the Special of members will be present. Vice-Governor Gilbert of the
Repairs Account which was in; to the defendant. Cutisel then Philippines, with Mrs. Gilbert,
of covering exceptimal repair one of the biplanes of the aviating trio augurated last your for the purpose doalt with his friend' construe-who arrived from Manila on the
Under the daro, of Manager Brics tion of Section 44 of the Ordinances. Prinz Sigismund this Bora-Daphne and Halcyon seeing that
upon, With this special account oonrayed to Taipo on a special train bills has not been encroached now in Hongkong. was sucessfully and submitted that the cases ing, were the guests of is the race was already spoilt de
in hand and with the suggested last Friday, Capt Baldwin was there to quoted by him since the now Excellency the Governor and cided to return and join in
opening, of an Insurance Fund reading of the law by the House Lady Lagard at tiflin to-day at fresh start. On this occasion
by the transfer of $10,000 from Haleyou, Alantal, and Daphine
this your's profits, I feel that ganboat Patria, Dr. Pesson the sur the Court vory much. The cases Mr. Frank Carpenter, Ex were unfortunate in losing the
without being unduly sanguine gom, and Lieut. Braudan-all of the in question had not boon decided ecutive Secretary for the Philip the rosult that Ailsa and Bonito
regular and increasing dividends, notoriety in connection with the inte wind just as the gun fired, with solely on the principle that thoines, was also among the guests at the outer end of the line got
Ho ran past: the Government The accounts appear to call for revolt. in Mactio, aru passengers howe wa may safely look forward to sharing of profits rendered a man of the Governor,
samo ship, who have gained some a partner, but on the particular Mr. and Mrs. Gilbert ury on away with a considerable lead.
Hospital Sisters' quarters, and ato further comment, but before by the P. & O. asmer facts of ouch caso, In some thiraray to Europe, and love to
The first mark was made after a
this place an small employed by casos the Lords decided that the horrow by the NDL song and short log, during which
the sisters met him und mado proposing, the adoption of the partios were not partners, and Deringer,
Halcyon came up to and passed
roport and accounts, if an attempt to stop, him but did shareholder desirgs to ask any buried, the forces at the com in others that they wore according
Bonito, and sho nearly caught
Thousands of, bodies lie un- any to the facts of the ease; and in There is a story told of the re-Ailsa at the mark boat. After a bo carried to New Profit and Eastorn Street and was followed by questions 4, shall be happy to mand of the authorities being
The balance $2,039,151.01 to not succeed. He then ran down one particular caso that the party ply mule by Vice-Governor Gilreich to Channel Racks, booms Lass Account, in question was really a dormant | Dort to a teacher who applied for wore gybod for the run to Cust
the amah, who was shouting all we then to the best of my altogether inadequate, to cops partner, and had tried to shufle an extension of leave, says the locks, and Bonito having come holding of 115,000 21.2.per cent, this point he dropped the bag, Chairman proposed the adoption rid of by way of the rivers.
Storling Reserve Fund-The the time. "Snatch things," At
ability.
with the mortality, and it is now out of that position. In short, 1"Manila Timos," "What are you up on the louders in a strong pull | Consols has boon written down to and was chased by, a Chinoso of the roport, and accounts.
There boing no questions, the suggested that the boligs be got the cases quoted had only been touching?" asked Mr. Gilbert. the tiros boats run down in close. 79. This was effected by the pur-constable. The lattor overtook on their particular Roman history," was the an-copy, rounding the buoy chase at about par of L15,000 him and escorted him to the merits. Now it had been derided swer. Then," said. Mr. Gilbert with baroly daylight separating other sterling securities, making station. that the mere receipt of profits did with a smile, stop away as longtem, Ailsa Bill Being first our holding under this heading He appeared before Mr. E. R.business, gentlemon. Dividendugers, has left Hongkong for Pak- he gathered from his friend's valuable as indicating the crystal stood out into the middle of 400. The cost of this adjustment morning Inspector Robertson not make a man a partner. What as you like. The ancedote issut luleyon second. All thres L340,000 written down to L287- Halifax at the Alugistracy this argument was that the Court clear common-sense which has the harbour, would find that these people had given high value to his work us!
Ailsa coming about first, the hall-year.
was met out of the earnings of prosocuted.
Defendant stated he did not shared profits and on that finding secretary of public instruction, them Huleyon, and
Lustly the Court would have to do and which, added to a personality Bouito.
Directors.-Tho Honourable snatch the bag, but he heard a Of the three, Halcyon. Henry Koswick has been whistle, ran, und fell down. eido that there was partnership, the most attractivo, has made just fetched Channel Rocks in elected Chairman for the year and, therefore, they could not him troops of friends who to one leg, whilst Ailsa had to make 1911, and. Mr. G. H. Medhurst recover the inoney us a loan.uorrow will speed him on his short tack and Bonito found Deputy Chairman. Mr. J. W. Counsel took it that his friend's holiday trip. Bon voyage, Mr. she laid overstood. As a result, Bindow and Mr. E. Shollim hay- main contention was that the | and Mrs, Gilbert!
Halcyon rouled with a lendofing resigned their Koats, Mr. G mere shiring of profits was not
over a minute, Bonito still being Friesland and Mr. W. Logan have enough to make a man partner.
S.M.S. Tsingtau arrived in port third. There was no change in It was significant that the cases yesterday from Canton. On her voyage the order on the run home but quoted by his friend in support the river the gunbat sustainal the stern boats closed up, the of that contention, with regards to propeller, al content, finishing tunes. hoing as follows: to sharing of profits, could not where she will remain for ten days.
ty and to go into the Kowloon Dock,
Hrs, m. A. Marke to date. be found in Lindley. The reason
Haleyon..... 4. 24.0 41. was simply because those cases
S. M. S. Seliarahorat, which arrived Bonito II...4. 25.0
Aila.......4. 24.45. 21 1-2. had nothing to do with Section yesterday from Batavia, is awaiting the Alannahl1.4. 27.45
19 1-2. 44, which had reference only to arrival of Rear-Admiral Ktosick. "The
15. casos of doaling with other Admiral was appointed to tako com-
Daple.....4. 28.50 8. 'people's money. A person so trend of thy East Asiatic Squadron on trading must hand the money he the 22nd of last month, He is expect was wrongly using, and in addi-o hers on the 20th inst., coping via The birdmon Mars, Shriver tion compensato the owner. That Siberia.
and Captain Baldwin aftor hold- was the viow taken by Lindley, Section 44 only dealt with cuses
This petty officers of the Tamar Anding out hopes to the Colony of of persons using other people's naval establishment gouemlly held their an interosting experience louvo money, without consent. The annual all last Friday. The R. G. A. for Manila to-morrow.
theatro was prettily' decorated for the hypothetical cases quoted did not occasion, and dancing was kept up until como' under Section 44.
a Into hour. Guests from Kowloon and Mr.Potter, continuing his arga Stonocutter Island were taken boek mont this morning, said that hoon launches at about 2 a.m., after could only argue on an abstract most enjoyable evening. point since the facts of the case had not been taken into con- Tho contingent of Volunteers.provi sileration by the Court below.sionally selected to represent Hong There was no question, however, kong at the coronation in June will that there was no answer to the inolade Liont-Col. A. Chapman, V.D.. claim of the executor that he was Mr. S. Northcote, Liont. W. Russell; Captain J. H. W. Armstrong, Captain entitled to an account: Thor Sergeant M: Melver, Sergeant E. M. was nothing before the Court but Hayward, Bergeant. I. O. Day, and the death of a partner leaving Bergemt A. E. Wright,
decided
福
a
..
THE AVIATORS.
been invited to fill the vacan cies; these appointinents require confirmation at this meeting. Mr. H.. A. Siebs, Mr. R. Shewan and Mr. G. Balloch retire in rotation, but being eligible for re-election, offer themselves ac- cordingly.
ROLLER-SKATING,
LIKELIHOOD of a TINK
AT KOWLOON,
of one year's hard labour, 12 His Worship passed sentonces strokes, and six hours' stocks.
COMMERCIAL..
L., state in their fortnightly Messrs. Warner, Barrios & Co., circular that the coal market is dull at last quotations;
Although US. prices for flour havo advanced 20 cents por barrel during the interval, local values remain unchanged."
4
The Chairman: That is all the
Mr. Gok seconded, Carried:
warrants will be ready to-morrow.
BILLIARDS.
GRAND HOTEL HANDICAP.
by the Rev. A. 1). Stewart and W.
Tla Bishop of Victoria, so3ompanied
had by the s..." otbilda." The Bishop
popor as holding confirmations and in- specting the various mission stations b.terpa Pakliol and Nanning, returning via the West River. He will be absent
frota Hongkong for about a fortnight.
The Grand Hotol billiard good deal of interest among facet in the Court-Martial Room, handicap continues to arouse á The Hatton Cup Committee will
wielders of the cue in the Colony Scandal Point, an Monday. The On Saturday night Mr. Phillips, President.Major W. M. Witbycombe committee is composed as follows:- owing 25, met Mr. Bafes, owing tot Bh. K.O.Y.L.I. Members. 1 85. Both players showed good olicor 1st Bn. K.O.Y.L.I., 2 officers won by 250 to 186. form, but Mr. Phillips oventually 19th Rajputs, 2 officers 105th B.L.I..
During the game the winner made a broak of 34, equalling the highest so far made by Mr. Gipson. Mr. Lalos' highest break was 20.
At a theeting of the Board of Direc tors, V.M.O.A., the various committees for the cusning year were elected, with the following a shainnon. Educational, Mr. II. Sykos, Membership, Mr, W. To-night Mr. G. Taylor moots Bart, Social Mr. I. . Barlow, Mr. Cooper, and to-morrow night Athletic, Mr. Lalo Broton, Rooms, Mr. Mr. Railton meets Mr. S. Ball.A. W. Smith, while the Finance Com- On Wednostiny night the second mitton is onzoposed of the following: round will be brought to a con-II. Harris and Mr. A. Bryer.
the Hon. Mr. FI. E. Pollock, Mr. A. clusion by Mr. McLennon und Mr. Irving.
CRICKET.
HONGKONG CRICKET
LEAGUE.
Auditors.-The accounts lavo The hemp market is weak, with been audited by Mr. W. Hutton a slightly downward tendency, Potts and Mr. J. W. C. Bonuar, Most immediate wants of sugar election. who offer themselves for re-for Chinese markets having been supplied, Chinese have put price for No. 3 down to "Pesos 5.12
Among those on tho Prinz 12 per picul, at 2.7 8 ex-
Sigismund is Mrs. P. G. East- to L0.3.2 per ton f. o. b., which
wick, wife of Major P. G. East figure is now close to the equi
wick, managor of the Interna valent of price ruling in Now
tional banking corporation, York. Supplies are now coining
Manila,, Mrs. Eastwick will visit in freely.
The following is the result of friends in Java for a few weeks, The better advices from con- the cricket league games up to and join Major Eastwick, who suming markets have lud the dato
leaves Manils on the 14th inst., effect of considerably strengthon-
Club
P. W. L. D. Pt. ing the copra market, all parcels R.E. & Dopts..10 7 1 2 70.00 Eastwick will spend part of their at Singapore. Major and Mrs,
tho basis of, Pesos 10,0 to Posps Remnants...... 9 4 2 3 44.44 before going to New York. arriving finding ready buyers on Kowloon....11 6 4 45.45 vacation in Egypt and Europe. 11.00, but market closed easier Hongkong "A10.4 2 4 40.00 Pesos -10.5 equalling at exclunge R.G.A. 8 3 4 1 37.50 on Monday in the kitchen of No. with buyers of F.M, at not over Yorks......... 8 3 5-37.60|| A Chinese committed suicide of 2.0 7.8-L 10, 18, 3. The rice Civil Service... 6 2 433.33 30, Wing On Street, by hanging market is firm with only small Craigongower.10 3.8430.00 himself to a beam. He was only stocks availablo,
HK Polico...12 2:10. · 10.00 | 21 years of age,
Much regret havo beon ex- pressed that the airmen were un- able to give an exhibition here, The proposed flight at Taipo We learn that thero is ovory aroused the groutest interest, likelihood of a skating-rink being none the less that local residents, established at Kowloon. were going up as passengers.
It has long been recognised from Taipo yesterday, prepara-harbour are not provided with The biplane was brought in that our neighbours across the tory to its ownor's departure. amusement adequate to so largo Air Brico, who looks after the and prósporous a community... ausiness side of the aviators A skating-rink will fill a long tour, has left for the north. He felt want, particularly if it is run, is in negotiation with the Japan- as is possiblo, in connection with
a aluomatograpli,
ose government,