GENERAL NEWS,
Maritime Customs at Tsingtau.
The Japan Advertiser reports: The Inspector General of the Chinese Castoms Service, Mr. Aglen, has protested in the name of the Ohinese government to the Japanese government against the monopolistic nominations by the Japanese of officials of the Customs Service in Tsingtan, as has been reported by the Peking cor- respondent of the Jiji. It appears that Mr. Aglen is anxious to see "that the Tsingtan Customs S xvice in supervised by the Chinese Mari- time Custome The Japanere government will not agree to Mr Aglen's proposal that British end- jects be employed in Tsingtau in important positio.s in the service. The commissionerabip and other ohief positions will bo ooonpied by the Japansss, just as the Ger- mans hold them. There is s clanse in the agreement between the. Chinese government and the Gorman government, made at the time that the lease of Kianobau was signed, that Germany would" nominate candidates for positions in the Service in Teingiau, from whom the Chinese goverament should make a selection, so that until the beginning of the war in Tringtua there were Germans employed in important positions.
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Four roomed houses at Kow-| loon.
Apply to.-
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-
TO LET-Quesn's Building: The South-West portion of the first floor, including Treasury on Ground floor, lately in 00 cupation of the German Bank.
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Apply to:- THE HONGKONG LAND IN VESTMENT & AGENCY Co., Ltd.
Gardens, Conduit Road. ' 1 Hillside, 110 The Peak. "Godowns," New Praya, Ken-
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HONGES
*
... ten months, from February The Peak For particulars apply 26, 1915, GALESEND," No. 109 C.E. GALE, P. W. Dept.
TO LET-Ravenshill West. No, 3, Park Road; Tenis Court. Apply to DEACON, LOUKER, DEACON & HARS- TON.
Hongkong, 29th October, 1914.
TO LETA House in Kouts,
1915.
ford Terrace. Apply to:- THE HONGKONG LAND IN- VESTMENT & AGENCY
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rises whether there is anything TO LET-Houses in Clifton TO LET.-168, The Peak. "The in the language of the contract itself to make the defendant per- sonally liable to the performance. Japan will follow in the footsteps Question of a Broker's Liability.of that contract, it being a connedy Town.. "of Gormony in that respoot, and
In the United States Court for track for purchase and sale. We "all the positions which had been China, on Dec. 28, bis Honour have therefore only to look to the App held by Germans will be occupied. Judge C. S. Labingier gave precise words of the contract, and THE HONGKONG LAND IN- by Japanese.
judgment in the action brought ireally when we consider the Arrest of Sir J. H. Renale, " Sir James Herbert Ronels, Bart.,
by Wong Tring-wai against, words and the expressions ased Robert Russsil Endicott, to re.it is impossible to raise a doubt Robmond-gardens, W., described as a financier, was charged an a
cover damages for breach of an upon the question before us," Barrant at Bow-streat on Novem alleged contract to deliver certain ber 23 with having on September defendant on account of plaintiff. Langkat sbares purchased by the
15 made a false statement as to the moral character of ons Marcus
Barthropp, intending it to be used for the purpose of the entry of the. said Birthropp into his Majesty's military forces. The magistrate granted a remand, allowing bail of one surety in £100. Sir J., Renals, who is aged forty-four, ie a Lieutenant for the City of London.
Loyal Sarawak Coolies, The P. W, D. rond coolies of Sarawak have subscribed $50 31 for the Prince of Wales' Ind War Relief fund. ·
An
Mr. J. B. Davies appeared for plaintiff, and Mr. S. H. McKean
for defendant.
Mellish, L, J., observed:-
VESTMENT & AGENCY Co., Ltd.
TO LET No. 6, Morrison Hill immediate entry. Appy, Property Office, JARDINE
"The natural meaning of the LET.-No. 59 The Peak (5 MATHESON & Co., Ltd..
Cameron Villas) BEACONSFIELD,
Path.
No. 19 Belilios Terrace. "KIRKENDOA "
Battery
furnished,
No. 62 The Peak, (2 Cameron Villas)-Furnished.
"ROGATE" Austin Road, Kowloon. From 1st February, 1915.
words is that the defendant dose not contract at all on his own Account, hat simply. by signing his name bears witness that he Bin Boncur, in giving judg- has made a contract on account No. 122 Plantation Road, Peak. ment, said that the defoudant was of his two principals, he being stockbroker on a member of the broker who has made the the Shangbai stock exchange, contract." (and he admitted executing an In argoment it was objected instrument advising the plaintiff that unless the defendant were on February al last that he had sesumed to have undertaken de- purchased on his account fifty livery of the shares in question the contract would be menning- Langkat shares at Tir, 35..
"It will be noticed" (the less and there would be no reason judgment proceeded) "that the for entering into it. That alone instrument upon which plaintiff would not be sufficient to
fix
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bases his action, and which is liability which, as suggested in Lady Roberts's Thanks. Lady Roberts requests the known in the books as a" bought some of the excerpts above quot- preas to publish the following ex note," containe to express under-ed, zauet rest upon express lan pression of her thanks for the taking on defendant's part. De guage construed according to its nation's sympathy in her bereave-ita face it is hardly more than natural moaning. But aside from ment:-
notice by defendant that this the contention was disposed Englemere, Accot, Nov. 20. he has bought the shares on of by Baron Pollock in the case "The Dowager Lady Roberts plaintiff's account, and that the last cited, as follows:-
"It is said, by at least one of wisbes the could separately thank latter is to make payment on de- all the kind friends and dear livers. The absence of such an the Judges in the Court below, people who have sent her such undertaking from instruments of that the result of this constrac beautiful expressions of sympathy this class has been a subject of tion would be to make it a uselesa and such greatly valued tributes pointed comment by the Courts. document, but that is not so, be- ef love and reverence for her in a leading caso (Southwell cause it is quite clear the contract husband, but the numbers of Bowditch, L. O. P. D., 374; 45 L here is effected by the broker, lettere are so overwhelming that J. Rep., 630) decided by the Court though the fact is that he is not this is impossible. She must, of Appeal in England (where to be made a principal."
It is sometimes held, '(as in therefore, most reluctantly ask such instrumente apear to be each and all those who have most common and have been Fleet v. Marton, L. R 7 Q. B. written or telegraphed to her to most frequently construed) that 126, 41 L. J. Rep., 40.) indeed, eccept as an individual acknow. eminent tribunal, reversing the that evidence of usage is admiss ledgment this expression of her judgment of the Common Pleas ible to charge the broker" with grateful and heartfelt thanks for Division, held that the broker liability in such case. But no such their kind thoughts for her and ssumed co personal liability evidence is offered here. On the their loving appreciation of Lord on an instrument substantially contrary, the testimony of Mr. Roberts,"
similar to that here aned upon. W. A. Reed, Secretary of the Lieut. Wyndham's Will. The Master of the Rolls in deliver-Shanghai Stock Exchange, wan to the effect that, according to Lieutenant Percy Lyalph ing jadgment said: Wyndham, Coldstream Guards, I think it would be imposs-the usage of that institution, it. But it seems to us not nearly This question might be important BRITAIN AS GERMANY'S VASSAL, who was killed in action at ible to come to any but one con-instraments on blue paper to improbable that he should act if plaintiff bad really established Soissons on September 15, aged clusion, and that is that the soch sa that here sued upon as a broker for these Chinese as a contract in which defendant had twenty-seven years, left unsettled maker of this contraef, or the were anderstood as mere "brokers that he should assume personal resumed liability, for the rule FROM THE TRENCHES, by G, property of £179.003 gross value. aigner of the writing, intended contracts," ie., those in which liability for the delivery of shares which rendere liable the agent of Be left £5,000, the bulk of his to say that he acted as broker in the broker brought the bayer and then worth Tasle 1,750) on an undisclosed principal applies, personal effects, and an annuity respect of the subject matter of celler together but assumed no rising market for a brokerage of conrae, only where the liability AIRCRAFT IN WAR, by Bruss
commission, as set forth in the has been actually assumed. But MOTOR TRANSPORTS IN WAR, of £1,000 (in addition to a life the sale between the two princi-personal liability..
by Horace Wyatt Plaintiff's counsel also endeav-petition, of not more than Tacle here, as has been seen, the written THE LAST OF THE HUMS, by annaily payable under the terme pale, one of whom was the par
Saunderske instrument does not amount to an of his marriage settlement), to his chaser, and the other the seller. ours to draw a distinction between 8.75.
There is no evidence of any assumption of liability and there BEHIND THE SCENES AT THE
COURT OF VIENNA, wife, the Hon. Diana Wyndham, There is nothing on the face of it the phraseology of the instrument daughter of Lord Ribblesdale. equivalent to 'I bind myself per-sued on and those construed in the parol assumption of liability on in no evidence of any parol un- FIRST FROM THE FRONT, by Lieutenant Wyndham was the sonally to the performance of this authorities hers cited. The latter, the part of defendant. On the dertaking. Hence it is not reallytos, by Boghi... only ron of the late Mr. George contract; or I make myeclise a rule, set out only the "sold contrary, plaintiff testifies that he material whether defendant ex. THE RUSSIAN ADVANCE, BY MORE Wyndham, and balf-brother of liable to the contract or note" which is variously worded understood nothing of what pressly disclosed to plaintiff the the Duke of Westminster. that I buy from so and so; "I have this day sold by your defendant said. If the latter is fact that he was Mr. Tien's Kent Coal Mines. so as to make myself liable, order and for your account" I liable at all it must be by virtue broker, for in the contract which of the instrument and, as has been he signed defendant did not par The Prime Minister was ques. though my principal may be have thisday sold you on account," tioned by Mr. Pretyman Newman alan liable. You have not a word etc; "We have this day sold for soon, it belongs to a class which port to bind himself personally. in the House of Commons recently on the face of it from which any your account." But we do not see is construed by Courts of the If, however, the question were respecting coal mining undertak inference of that sort can be that the phrase in the note sued bighest authority as conferring material one, it would seem very ings in Kent or elsewhere in the drawn, and therefore this disting on "I have this day bought on on the broker aeither liability dangerous to hold, in a com munity where so many languagen United Kingdom HOW or uishes the oasa from the long line your account" constitutes any nor right of action.
There was much discussion in are spoken, that where two parties THE FRANCO-GERMAN WAR, previously under the control of of cases in which such words greater undertaking by the broker. enemy aliens. Mr. McKenna, who have occurred."
Between the phrases "on your evidence and argument of the are dealing, neither one of whom by Major General Bir F.
Maurice, K.0.3gen $14.70 replied, said all such undertak- Kelly, C. B., delivering judg- account" and "for your account" question whether defendant noti- speaks the language of the other,
9.30 fied plaintiff that he was acting a disclosure of agency made BRASSEY'S NAVAL ANNUAL 1914 inge which had been in any ment in the same case said: we see no essential difference. degree controlled by enemy aliens "We are bound, prima facie, to It is farther objected that de- merely as a broker for the seller, through one who was employed had been thoroughly exsmined construe all contracts, mercantile fendant's services as a broker H. O. Sim (Tien). The defendant by the other party in at least MEMORIES OF THE KAISER'S
the testifies that he did so state to some of the negotiations would since nnnecessary and the necessary measures of or not, so as to give effect to the were precaution had been taken by the language which we find they parties in question, both being the plaintiff through Tien himself be insufficient.
On the whole, we have no alter THE EVOLUTION OF MODERN military authorition and the police. contain, according to the natural Chinese, could have dealt quite who the plaintiff says was bis
GERMANY, We have friend and through whom, as native but to find on the evidence by W. Harbatt Dawadu "None are so controlled at the and usual interpretation of that as well without him. present lime," he added: language. To do otherwise is no means of knowing what ele interpreter, he admits having before us that plaintiff is not
F you have lost your appetite really to foros upon parties to con-ments of mutual distrust or other conducted at, least some of the entitled to recover, and it is no FRANCO-GERMAN WAR,
tracts soms obligations into which wise may have entered into negotiations, though he also cordingly considered and ad- one of the big variety of dainty dishes at the ALEXAN- they have never entered at all. the transaction, and the defend- says that Tien did not inter indged that he take nothing by THE FIOHTING SPIRIT OF JAPAN, DRA CAFE is sure to tempt Now, looking to the terms of ant himself states that he does prot such a statement as the de- his petition, and that "defendant
this contract, the first question not know why he was called into fendant claims to have made, recover, his coste.
you.
4.
2.75
2.75 80 | MANUAL OF DISEASES OF THE
EYE, by May and Wortham 8.30
COMPLETE POETICAL WORKS OF JEOFFREY CHAUCER, now first put fotor Modern English, by J. Tatlock and P. Maskayʊ............. THE WAYS OF MISS BARBARA,
A, and E. Castāvd
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THE MONEY HUNT,
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SEEDS OF PINE,
4.09
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THE WOMAN ALONE,
by Marie Harrison
THE SWINDLER,
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175
by E. Katharina Butos.
COURT,
by Anne Topham.
by Field Marshal Top Moltke 400 DAILY TELEGRAPH WAR MAZ.
by E. J. Harrati
3.50 BARTHOLOMEW'S WAR MAPA-
LETTS'S DIARIES 1915.
1,00