SPECIAL CABLES.
SEDITION IN SHANGHAI. PRESIDENT DUBBED “MURDERER."
[Our Own Correspondent.] "
A DISPUTE AS TO MORTGAGE.
|
THE HONGKONG TELEGRAPH, THURSDAY, MAY 1, 1913.
Mr. SharpThe bank did not know of the second mortgage until after the defalcations, and the absconding of the ompradore. His Lordship:As a matter of of fact was the first mortgage recited in the second mortgage?
Mr. Sharp: The second was aware of the first, but the first was not aware of the second.
(Continued from page 5). pay to the defendants the monies so lost to the defendants and by the said mortgage charged the said properties to secure payment thereof to the defendante, Before Shanghai, May 1. the commencement of this action
Grounds of the Claim. The Municipal Council ia tak the defendants furnished to the Mr Jenkin: That, of course, ing stopa to check sedition in the plaintiff an account of the liabili-is one of the points of the case, local Chinese Press, which is at pre-ties of Lau Pun Chia as compra- and depends upon the pleadings, sentopenly calling President Yoan dore, which contained other items but your Lordship may take it as Shih-kai a traitor and murderer. than those inentioned in the state-a matter of fact that they had Parliamentary slothfulness is also ment of claim and to which notice. The three grounds of condemmed by the newspapers. account the defondants orave the claim are there.-1, that the
leave to refor.
taking of the mortgage by the bank, and the sale under the mortgage, was ultra vires, having regard to the ordinance incor porating the defendant bank.
Bie Lordship: Whatordinance is that?.
of 1866
THE LOAN.
BOYCOTT PROPOSED.
[Our Own Correspondent]
Shanghai, May 1. The agitiation over the newly. concluded Loan continues, and a boycott of the lending countries is proposed.
A Mass Meeting. A mass meeting has been con- vened for to-day to consider the questions of the murder of Mr Sung, and the Loan,
Wachang officials consider that a thorough investigation of the Government is essential.
The general opinion is that the agitation will aimmer down in view of the strong position of the President.
LOTTERY TICKETS..
Concealed Under the Joss
Sticks.
a
The police aro repeatedly mak- ing hauls of lottery tickets, but rately do they succeed in such measure as Sergeant Cockle and a party of Chinese detectives did when they came across two cool- jee in Morrison Street, near the Wostern Market, with 20,905 tickets concerning the Sham Pui lottery. When stopped by the police, they were ostensibly carry- ing bundles of josa sticks, but
7. The defendants admit paragraph 8 of the statement of claim. 1
8. For the purpose of carrying on the business of banking it is necessary and proper for the de- fendants to engage a compradore and a Chinese staff and to secure the due performance. of their re- spective duties and obligations by mortgages or other good and sufficient security.
9. In answer to paragraph 9 of the statement of claim the defend- ante deny that the said indenture of mortgage was ultra rires the defendants or that it is void in any respect whatsoever.
Counsel:-No - 2 Secondly, that the defendant bank are not entitled to aharge the pro- perty with any defalcation occur- ring after notice of the second mortgage to the plaintiff, and thirdly, that the defendants are under no liability to refund aer- tain of the money taken by Lau Pan Chiu or his staff, and that therefore they cannot debit the proceeds of the sale with those moneys. That is shortly the essence of the action. "Compradore should be a Party."
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I. The defondants will object that the action is defective for want of parties and that if the taking of the said mortgage of
Mr Sharp took the objection the 28th June 1910 is prohibited that the action was defective as by the said Ordinance, which is regarded parties. The denied, the said mortgage is a pradore was not joined as valid mortgage on between the party, and it was imperative parties thereto.
that he should be. The state- Mr. F. C. Jenkin, instructed by ment of claim asked bis Lordship Mr. Beavis, of Messen Wilkinson to declare the mortgage between and Grist, appeared for the the absent compradore and the Magellan plaintiff, and Messrs. H.E. Sharp bank void, and to direct that the K. O. and Mr. M. W. Slade K. O., proceeds of sale of the mortgaged instructed by Mr. H. J. Gedge; property which were being used of Messrs Jubuson Stokes and or were about to be used, for the Master, for the defence.
benefit of the compradore to reduce his liabilities should be diverted to the plaintiff. He sub- mitted that in a case of this character it was essential that the mortgagor should be made a party. The point was reserved until
Outlining the Position.
Mr. Jenkin, in outlining the position to his Lordship before reading the documents, said :-
the defendant corporation are In this uses the plaintiff and secreted underneath were lottery respectively second and first the end of the case.
The coolies were brought be mortgagees of the same property.
ticket,
The defendant bank requiring
Paul Lecat
Armand Behic Atlantique Ernest Simons Amazone Australien
NEXT SAILINGS:-
Will leave for Japan on
HOMEWARD.
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4th May | Amazone 18th do Polynesian 1st June Magellan 15th do Paul Lecat 29th do
18th July 27th do
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6th May 20th do
3rd Juza
17th do
Armand Behic Atlantique Ernest Simons
Ist July
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29th do'
For Freight and Passage apply to
P. THOMAS, Agent.
Queen's Buildings.
THE CLUB HOTEL,
YOKOHAMA.
The Bone of Contention. Mr. Jankin dealing with the fore. Mr. C. D. Melbourne, at the the services of a compradore first ground, said that under that Police Court; this morning, and charged with being in possesengaged on. Lau Pan Chiu in heading the bone of contention March 1906, and an agreement was that the plaintiff said there
This favourite Hotel with its newly built annexe, sion of the same.
of March 12, 1906 was entered was no money for which the The men pleaded that they into between the defendant bank compradore had rendered him refurnished throughout with modern conveniences. were engaged to carry the things and the compradors Lau Pun self liable, and the defendants offers every comfort and facilities for Travellers.
Obia, and in that agreement, to said he was liable, because he which weshall reler presently Lan bad entered into an agreement CLUB HOTEL, Limited, Pup Chiu bad to put up, either and had taken a mortgage. himself or through other people,
and did not know there was any thing but we sticks in the bundle.
A remand was ordered, bail in $500 each being allowed,
WHO IS THE LAND-
LORD?
Claim for Alleged Improper Distress.
This morning in the Summary Court, before Mr. Justice. Kemp, the Tai Ming Firm, porcelain dealers of 182 Hollywood Road, sued Wu Hung, 25 Sai Strent olaiming $100 for alleged im- proper distrose,
L.
No. 5, Bund, YOKOHAMA.
. TERMS MODERATE,
Milla, Dr. &
Miss R. H. Mariott, C. E.
B.
Mr Jenkin pointed out that certain security for the proper section 17 of the Ordinance No carrying on of the duties of bim-2 1868 allowed the Bank to self and staff, and for making acquire land for the purpose of PASSENGERS 'DEPARTED.
Per a.s. Shinyo Maru, sailed on good any defalcations which conducting the carrying on of might occur. At that time, in the business affairs of the Com-29th April, for San Francisco:— March 1906, I believe Fam cor- pany. He submitted that the Brown, Miss. rect in saying that what the com-section gave the bank no power Boggs Miss A
of property pradore did was to put up some to take a mortgage
Brawn, Miss H.
A. $62,000 in cash. But there were from the compradore.
Boyd, Mr. & Mrs. mortgages by other people to the
J. M. bank, as security for his conduct
Bennett and so forth. In June 1910 it
Basties Mr. and became necessary for certain
Mrs. reasons that Lau Pun Chiu should
Cohen, Mrs. himself give further security than
Cooper, Mr. and the cash which he had
Mrs.
he had to put
USED A KNIFE.
A Facial Wound four
Inches Long.
Clark, Miss Z.
M:
Clark, Miss M.
M.. Cartwright, Mrs. Claxton, T. F. Corres
Mr. Leo D' Almaria e Castro put up. The cash remained, A youth employed as cook's Callston, Mr. &
Mrs. up assistant, at MacDonnell Road, appeared for the plaintiffs and but Mr. J. H. Gardiner for the defence. other security in addition to cash. was charged before Mr C. D. Chamney, Mr. &
Mrs. Mr. D'Almada said that the The circumstances will be ex Melbourne, at the Police Court plaintiff seeing a "To La" notice plained presently, but in June this morning with wounding stuck on the door of 182, Holly-1910 Lau Pun Cuiu mortgaged a Chinese with a knife. wood Read, some time in the be to the bank certain leseshold pro- Inspector McDonald said the W08 employed ginning of February, calle i on the perties in the colony, Inland Lots, complainant fandlord mentioned in the notice 055 and 656. Then in November
& waiter at. Weismann's Cafo and was afterwarde and arranged terms with him as of the same year," to renting the promises. It was agreed between them that the rent should be $68 por month, payable in advance, and on Feb. 17 they entered into the promises. On February 18, a distress war rant was issued by the defendant.
до
Millard. Mrs. I.
I. Michael, 8. H. Movelian, D: S. Ordoner, Rev,.
0. Powell, F. Reid, R. T. Rosenfeld, L. Radford, Miss Rutledge, Mr..
& Mrs. Rezende, M. Riveley Rickman, Capt. & Mrs. G. Smith, Miss Seeprid, Mr. &
Mrs Spring, Miss D.
His Lordship: What was the employed an a substitute Douglas, Miss E. Sherrail, Mrs.
at a house in MacDonnell Road. Davis Mr. H. C. consideration of that?
Counsel: To secure the pro- There was a quarrel between the Darnell, H. B. per conduct bat in addition to complainant and defendant over Encarnacao, the former security. They valued $260 and the defendant slashed! it at about $22,000.
A Second Mortgage.
"
Miss
the complainant with a long knife Fujii Boross the forehead inflicting a Guthrie, Maj. &
The Mrs. A. Hia friend, Mr. Gardiner, alleged Then in November of the same wound "four inches long. that his client was landlord, and scor, 1910, Lau Pun Chiu erec- complainant had to be taken to Garcia, Rev. F. had sub-let the premises to a firm ted a second mortgage on the came the hospital to bave the injury Guerdrum, Mr. called the Sung Yik, who were property, to the present plaintiff, attended to. not however on the premises. Lau E. Sam, and the considera- A sentence of twelve strokes of The sole question for his Lord-tion for that mortgage was a lean the birch and forty-eight hours' ship was as to who was the land- of $21,000. About September datention was passed, lord, and who was entitled to the 28, 1912, Lau Pan Chiu abscond- premises on the day of the issue ed from the Colony, and he was
of the warrant. .'
Judgment was given for the defendant..
Clawed by a Show Tiger.
then in default to an extent of
$100,000 to the bank, and deduct- ing from that defalostion, the]
Miss Maxine Elilott Marries
Tennis Champlon...«
& Mrs. Gray, J. W. Gillette, Mr. and
Mrs. Henderson, Mr.
& Mrs. Wm. Hookhiss Hoffmeister, A.: Hill, Major W.
A
Horanes, K
P.
J. FL. Stanford, W.'H. Schneider, Mr.
& MIR. A. W. Smith, H. C.. Silva, Miss Silva, Miss Silva, Master Turner
Thompson J. Tai Ming-tak Tachetinian, J. Teukshara, S Thomas, A. H. Vadon, Dr. An Waterhouse, Mrs. E. B. Waterhouse; Mise.M.
Wilson, W.
Wakefield,
Capt. T. Worcester, W.
N. Wright. Mies
M.
Whitman, P. ́ ́
$62,000 cash security which the New York, March 28-Her, Rev. E. E. bank held, he still owed roughly friends here have not recovered Herridge, J. R. $99,000. Upon the happening from the surprising announce-Hallett, Mrs W. A European boy who approach the bank sold the property mor- ment of the marriage of Maxine nd too near to one of the onges tgaged to them, and got a little Elliot, one of America's most tal-Irwin. R. in Harmaton's Cirens at Bours-under $25,000 net proceeds of the ented and beautiful actresses to Joseph. C. bays was clawed in the face by a sale. Then the second mortgages, Mr. A. F. Wilding, the famous Johnston E M. tiger. At first it was thought that the present plaintiff, hearing of the lawn tennis player. According Jackson, Mrs. he was badly injured as his face sale, commenced these procee- to oabled reports, the couple were was covered with blood; but linge, and, by agreement between married at Nice last week and are when the blood was washed off the parties, the bank is now now enjoying their honeymoon at wad the wound examined it was holding the procesta pending Cannes, Mr Wilding is a member Keny, Major RM
your Lordship's decision.
of the English bar. found to be of a slight nature,
Cable Address "CLUB HOTEL "
Telephone No. 466.
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INDO-CHINA STEAM NAVI- GATION CO., LTD.
From CALCUTTA, PENANG. AND SINGAPORE,
THE Company's Sunship
YATSHING,"
having arrived from the above ports, consignees of cargo are hereby informed that their goods will be delivered from alongside.
Cargo impeding the discharge or re maining on board altor 4 p.m. the 2nd inst., will be landed at Consignoo's risk and expans2O,
No Fire Lasarance will be affected by us in any casa. Whatever.
by
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JARDINE, MATHESON AND CO., LTD., Agents.
Hongkong, It May, 1018.
TO LET.
(841
To Kowloon. Apply A.
LET: Houses in Austin
RAYMOND,
c/o S. J. DAVID & Co. [848 Hongkong, May 1st, 1918.
PACIFIC MAIL STEAMSHIP
COMPANY."
NOTICE is hereby given that
effective this date, thd un- dersigned has assumed charge of the Hongkong Agency of the Pacific Mail Steamship Company, Weston, Mrs, B. and all communications should be M. G.
addressed to him, likewise all documente to be of effect must Westerfeld, Jones, Mrs. A
Mrs. P. Joseph, Mrs.
bear his signature as below:
O. H. RITTER, Waizman. Mrs. Joseph, Miss
Acting Agent. [819 W
Waisman, Mien Hongkong, lét May, 1918,
F.
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