THE HONGKONG TELEGRAṀH, THURSDAY, MAY
1914.
SIR PAUL CHATER SUED. for the purpose," page 1890, 800- ALLEGED
Fourth Day's Proceedings
In Interesting Case.
In the Supreme Court, this morning Mr. Justice Gompertz (Aring Chief Justice) resumed the hearing of B claim by doorge Lanzius, a- main. ing engineer of Datoh nationality from Sir Catobiok Paul Chator
C.M.G., for $45,000 and 158 fully paid up shares of $100 each in the Hongkong Iron Mining Company Limited, or, in the alternative, $15,650, remunera tion for professional services rendered.
Mr. Alabaster and Mr. Eldon Potter, instrueled by Mr. Willson, of Mogare. Stephens and Willson, appeared for the plaintiff and Mr. Sharp KC., instructed by Mr. Looker of Messrs Deacon, Locker, Deacon and Harston, appeared for the defendant.
tion 4. Hie Lordship would see that for the first time it gave car- tain powera which covered min-
EMBEZZLEMENT.
Mr. Eldon Potter, instructed by Mr. Holmes prosecuted and Mr. L. D'Almada defended.
ing, viz., for the purpose of The Chinese charged with em- working such minea for metale bezzling same amounting to sad minerals as specified in sach $8,500 again appeared before ease. Flis Lordship, would find Mr. Wood at the Police Court, the word "working" in no other this afternoon. section; that was previous section of course. It may be granted for any team up to seventy five years. That was the last stage, he sub: an accountant to the compla mitted, after the prospecting and inants, cross-examined by Mr. developing had been carried out. D'Almada, said he did not know There were obviously three stages the daily balance on certain datos contemplated. There was first in October. As regards $3,000 section 3, a twelve months licence not say from which firm he got prospecting, a six months licence; he received on October he could
after prospecting or mining in the money because they had so the meaning of the sense of get- many firms paying them. He ting material as regards the could not remember the name of quantities. The section was abone firm that paid him a sub- solutely silent about the work-stantial amount on that date. Be ing of the mines, and by could remember making a pag- section 4, they could get ment of $3,000 on that data.” He a lease for any term up to seventy could not, however say to whom five years for the purposes of or for what.
three
от
CRICKET.
AN INTERPÓRT XI.
R. Hanecok (Captain). I. N Anderson.
working the mines-six months, The case was proceeding as we The statement of claim was to twelve months and then up to went to press. the effect that by an agreement seventy-five
years for in writing dated July 29, 1905, different mat'ers. He submitted the defendant and Sir Hormusjeg that even he logislature itself Nowrojee Mody, since decensed, had appreciated fully the differ jointly contracted with the plain-ence between prospecting, tiff and Arohibald Campbell developing and mining The following will take part in. McMillan, since deceased, that,inat дву rate he could an Interport Trial Match between con loration of the plaintiff and put it as high as this, the an Interport XI and the rest, to McMillan prospecting for minerale legislature contemplated three be played on the Hongkong in the Now Territories and ad- possible stages, call them what Club Ground on Saturday. Play jacent British Islands, the former they world. Counsel then went is to commence at 2 p.m. would pay to the latter proper on to deal with the agreement. and reasonable remuneration. Cbator and Mo y had to take From July 1905 to April 1908 three-quarters of the discoveries with the exception of a period of and afterwards, if they thought three months the plaint firendered it to lake out mining righte his's rvices, It was stated by They were to pay for the prospect- plaintiff that $45,000 was a pro-jing and to finance the developing | per and reasonable remuneration and afterwards to acquire the for such professional services mining rights. That was the Under an Agreement dated bargain. The contract was not October 10, 1906, defendant as the defendant asked them to received from the Hongkong Iron believe
an agreement in Cbater Mining Company Limited for and which
and Mody on behalf of the plaintiff 906 had employed plaintif
paid up fully
Aharon of and McMillan to prospect and $100 each ia the said develop for them on the terms company. The plaintiff had that they were to get a quarter, received from the defendant only The position was the other way 750 of the said shares and there shout. Plaintiff and McMillan were was a balance of 158 fully paid approaching Chater and Mody, up shares due to him.
selling them something. The defendant wanted to say that Chater and Mody employed the plaintiff and McMillan to prospect and develop for them
on the terme that they got a quarter.
Mr. Pitter continuing this morning eaid that when the Court adjourned last night he was dealing with the point as to whether developing was within the scope of the meaning of 1905. He felt that he might perhaps be able to make his point clear by few more words on the point with
a
Lt. H. G. Bagnall R.G.A. R. E. O. Bird.. Captain Matthews R.G.A. T. E. Poarce. E. B. Reed. G. R. Sayer... R. A. Stokes, A. R. Sutherland. R. P. Thursfield.
THE REST
D. E. Donnelly (Captain). F. H. Baker. C. C. Clarke.
R. Kennedy. G. E. Marley, 9. S. Moore,
Lace Corp. Morrish R.E. 14. J, A. Pym B.G.A. r. J. de Rome. A. J. Stalker. H. H. Tayler.
The question then that his only to prospect and develop on Lordship had to decide was had the terms of getting a quarter plaintiff and McMillan agreed to they had to put in the words "if personally develop for Obater thought advisable."
The point
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PUBLIC AUCTION
HE Undersigned has received TH
instructions to sell by Public Auction on
FRIDAY, the 15th May 1914 commencing at [I am at his Sales Rooms
Duddoll Street,
Feathers, (ranging from 20–26 inches in length).
A Selection of Prime Ostrich
On view from Tuesday,the 12th May, 1914.
Terms: As Usual.
N.B. The above sale offers the public an unique opportunity of purchasing feathers direct from a South African farm, and are only.. to be sold at Public Auction ow- ing to ill health of owner.
*
GEO. P. LAMMERT, Auctioneer.
TO LET.
In Canton on Shameen Lot
regard to the difference between and Mady on the terms of getting was emphasised by the last but developing and prospecting. Hea quarter of the profits; were they one clause. Plaintiff and Mc-1. N. Y. K. Changes. would again refer bis Lordship bound, must they, bad they con- Millan were bound not directly The Aashi reports that Burou to the Mining Ordinance 7 of tracted to? That was to say that or indirectly to apply or Kondo, President of the Nippon 1906, because both Mr. Alabaster plaintiff bound himself to be their hold any mining rights in Yusen Kaisha, will shortly resigo, and himself thought that drew engineer in charge without rehe New Territory, therefore they and be succeeded by Mr. Kato, the clearest distinction between muneration. He would oak hie could not read the words into the at present Vice-President, The LET.--From 1st July 1914. the three stages, prospecting. de Lordship what was to be the first clause you will not for latter, it is reported, will be 55. The premises now in the veloping and mining. Prospect position which really did arise to acquiring mining rights-because succeeded by Mr. Ozski, a leading occupation of the Bank of ing was to search for minerals. soms extent after that discovery the whole intention of the doon-member of the Saiyukai. The Taiwan Ld. Apply to, DAVID Section 3. contemplated another was made and if after Obater and ment was the other way; Chater paper predicts that these changes SASSOON & Co. Ltd, Hongkong. stage. The Governor-in-Coanoil Mody decided to develop, plain- and Mody alone were to touch the will take place in the course of may grant licenses to any person tiff and MoMillan both unfor- mining rights and the others were this month.
LATEST SHIPPING.
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NOTICE TO CONSIGNEES.
to get and carry away in and from tanately died? What was to be not to apply in any shape or any Crown land such metals or the position? Were Chater and form. Developing and prospect- minerals as specified in such Mody to get the whole benefit of ing, were distinct, counsel sub licence. That section could not the developed minea and were the mitted. Developing was outside mean licenses must be granted representatives of the plaintiff the agreement and it was not for the ordinary commercial and McMillan to get nothing? meant that they should accept one purposes of working the mine Because that would ba
quarter of what might be nothing. because no ene person would the effect if there mon The document was entirely sile: L work a mine in the commercial contracted their personal service as regards the cost of the sense for a year and that licence under which they had bound levelopment although it did den was only for a year. He could hemselves to personally develop with the cost of prompest very well understand a person those mines, If that was the cooing. He would who wished to develop a mine, tract the representatives would bis Lordship to note the that was to say who wished to get nothing because silence as regards the cost of on the 5th inst, and may be expected here having arrived. Consignees of ascertain how far mineral was the two gentlemen had brand developing and the document. Tho sa KATHLAMBA left_Singagore cargo are hereby informed that present in paying quantities, themselves to do work and wanting a licence under section if death supervened they could spoke of the cost of prospecting on the 5th inst, and, je dus here on the
and the ccate of acquiring mining 10th inst.
WAB
MOVEMENTS OF STEAMERS..
The T. K. K... CHIYO MARU which sailed from San Francisco on the 11th. Apr. is expected to arrive at this port via Honolulu, Japan Ports & Shanghai 'on Ark the 9th lost, at noon.
The Germans.. RAJAH left Sandakan
on or about the 10th ines.
To-day's Advertisement
NOTICE TO CONSIGNEES. FROM YOKOHAMA, KOBE AND MOJI.
Steamship
HE
**** MUTTRA”
THE Steamship
"CANTON,
of Opium, Treasure and Valu- ables, are being landed and stored at their risk into the hazardous and/or extra hazardous Godowns of the Hongkong and Kowloon Wharf and Godown Company, Limited, Kowloon, and West Point Godowns, whence delivery may be obtained.
their Goods, with the exception
Optional Cargo will be for warded on unless intimation is received from the Consignees before noon to-day requesting it to be landed here.
No claims will be admitted after the Goods have left the Go-
8; taking away minerals for the not do it. As a matter of fact rights provided for by clause 3. purpose of assay and for other while that development or what hater and Mody would find the purposes. That would be the ever they liked to call it was going money for acquiring mining second stage, No person would
, plaintiff was away from this rights that they thought rea80- open a mine in the commercial Colony; he was sent down to able and proper, why? Becaus sense under section 3. No person Borneo once and once to Tonkin it was astorally outside that would instal expensive machinery on behalf of Sir Paul Chater for agreement that the other was not to use for that on a licence of which - he
paid mentioned. twelve months only. He might and the development Mr. Sharp in a brief reply very well instal machinery for went on without him, and urged that it had not been shown the purposes of development, but farthermore they knew it was that there was any undertaking certainly not for the purpose of
common ground that Mr. to pay remuneration and what TE mining in the true sense Section McMillen left the Colony the plaintiff and McMillan were 4 contemplated the last stage in 1907 and the operations entitled to was a quarter of the having arrived from the above downs, and all goods remaining when they had prospected and went on until 1908. As he had profits. developed under section 3 when said, that was the question which His Lordship reserved big hereby informed that their goods May, will be subject to rent,
All they satisfied themselves that his Lordship had to decide; that decision and the Court was will be delivered from, alongside. mineral was present in paying these men contracted personally adjourned eine die. quantities they applied under. to work those mines for Chater Section 4 for a mining lease and Mody on the terms before That was exactly what happened them for that construction to be in the present case ae regarde put or that document they would Field Marshal Prince Oyama of the Hongkong and Kowloon the mining lease. It was granted have to read it in this way "you has been appointed Lord Keeper Wharf and Godown Company the 20th of May, 1914, or will under section 4 His. Lordship will act for us for the purposes of the Privy Seal, in place of would see that under that section of prospecting for sale and if H. I. H. General Prince Fushimi, effected. very different powers were given thought advisable you will sat who has been relieved of his post. Bills of Lading, will be count- and given for the first time under with as, for acquiring mining It will be remembered that Prince craigned by the Ordinance. "Such leases as rights, and developing the same." Fashmisucceeded the late Prince DAVID SASSOON & CO., LTD. may be declared by the Governor That had to be done if they read Kateurn in the post of Lord Keep-
Connol may be granted the clause that way. They had not er of the Privy Seal,
Japanese Appointment.....
ports, consignees of cargo are undelivered after the 13th of and broken, chafed, Cargo impeding the discharge damaged Goods are to be left in will be landed at consignees' risk the 'Godowne, where they wil! and expense into the hazardous be examined on the 13th of May, and/or extra hazardous Godowns at 9.30 am.
All claims must reach us before
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Bills of Lading will be counter- signed by the undersigned,
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