THE HONGKONG TELEGRAPH, MONDAY, FEBRUARY
WATSON'S
HYGIENOL
A HIGHLY CONCENTRATED AND PERFECTLY SAFE
DISINFECTANT.
The best preventative of
INFECTIOUS AND CONTAGIOUS DISEASES.
SOLD ONLY BY
The Races.
DAY BY DAY.
ONE OF THE BEST SIGNS OF A
Race week has opened to-day under" weather conditions that sugar wall for the success of the 1918 meeting. This year the event WELL-BALANCED MIND IS THAT is more in the nature of war or OHEERINESS. IT MEANS A. el vrt than it has even been before, HEALTHFUL OUTLOOK ON LIFE for a decided increase in the amount to be deducted from the
of
To-morrow's Anniversary. To-morrow in the anniversary the fall of Fort Danamont.
| INTERESTING JUDGMENT. -his only connection with Hongkong
Hoogkong Case Decided by Privy Council.
On the Sitir: December, being that he was or had been a nephew created.in equitable partner in certain businesses carried mortgage on the property in favour on in the colony. He certainly did of the appellants; for 13,000 - dol not either personally or by a pro- lars. This was, a handy on perly constituted attorney sign, ser` the appellants, whose interest or deliver the indenture, or there would be postponed to the prior. ~ We now have received the full re-by enter into any convenant with equitable estate of the uncle, unless, port of the judgment of an appeal the vendor. The nephew, on the indeed, the uncle had been guilty of ww from Hongkong to the Privy Council ether hand, has a Chinese name conduct which in a Court of Equity in the action, Tong Shun v. Fung which may properly be rendered in would preclude him from rebring quo Ping Shan and Fang Yes Chai, English as Tong Shun; be resides his priority in time...
In this state of affairs the uncle, th a cass which is of considerable in-in Victoria in that colony; he is a terest to property owners in this trader; be paid the $8,500 dollars, having very good reason to suspecte
though out of money provided by misconduct on the part of the pop This case, it will be remembered, the uncle; he personally sigtied, hew, left Chicago and came to Hang concerned a mortage to the Defen- sealed, and delivered the indenture Fong, desiring to protect his interest. dants, who are bankers, of certain and he is the only person who could in the property. He found as a fact property claimed by the Plaintiff possibly be used by the rendor on that the nephew had defrauded him who applied to have the transaction the convenant, on the part of the by creating the legal mortgage for set aside. The trial involved ques-purchaser therein contained. tions of law, and engaged the atten- The facts above stated taken had priority to his own equitable-- tion of the local Courts for a consi- alone would, in their Lordships' interest, and 'bad'defrauded the sp derable period. The original judg- opinion, establish. beyond contro pellants by ersating in their favour is that the revenue derived in the
Fivt men were charged with ment of the Chief Justice was for the very that the person in the indon the equitable mortgage for 12000 shape of rect from the matsbed
gambling in the streets. Owing Plaintiff. On appeal the Full Court ture described as the purchaser was dollars which, apart from any que booths adjoining the enclosure to the nature of the evidence, foar here consisting of the Presidert, Sir the nephew, and not the uncle, but tion as to the uncle's conduct, was
pari-annel and cash sweep betting bar been decided on by the Jockey Club, the twelve-
The Dollar. and-a-half per cent of last year The opening rate of the dollar being increased to, twenty per on demand to-day wasƐa 11,3/8d. | Colony. cent, The sum to be devoid to. War Charities will Moubtless be
Prayer Meeting." | much larger even ihan la t'year, The usual prayer meeting of and on there grounde slane noue the Hongkong Christian Union will, we feelsurr, take exception to will be held to-morrow at 530 the rose being held. There is one point, however, to which the P., to be followed by the
the Government annual boaïness meeting. might again be directed and that
attention of
Street Cambling.
10,000 dollars, which undoubtedly
'A. S. WATSON & Co., Ltd., received a discharge. The first Jure autres, and the E, the there is one additional: fact which undoubtedly postponed to the tacle'
Telephone 16.
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Business correspondence should be sent to the Manager.
Cable Address: Telegraph, Hongkong.
Telephone: No.
Western Union A.B.C., 8th edition. Office address: 11, Ios House St.
The Hongkong Telegraph.
HONGKONG, MONDAY, FEBRUARY 25, 1918.
THE BANK MEETING.
The War Bond Lottery.
41
Distinguished Service Medal.
Deacon and Harston.
}
In considering these rival conten
Government to War Charities. defendant, who was the ringlead Judge, Mr. Justice Gompertz, the has not yet been stated, and which equitable estate. The unels and the en Last year we pointed out that
Judges disagreed, the President's is said to outweigh the other evi-nephew thereupon, after consulting" viaw being in favour of the Delen, dance, or at least to create such solicitors in Hongkong, entered mene the patronising of these booths, was fined $10,- resulted in not a penny going to
dent bankers and the Puiane Judge's an ambiguity as to admit evidence, the 90th June, 1914, into the follow- any other object than the pleasure Captama Philip de Foubianque, in favour of the Plaintiff; and con- of intention. As hereinbefore sping transaction: First, the nephew which or profit of those who rent them, Royal Engineers, who married sequently the original judgment pears both the uncle and the nephew paid off the legal mortgage and took Correspondents are requested to observe the rule
names and addresses with and this year there is even the oldest daughter of His Ex stood. Or the farther appeal to the have Chinese names, which may be a reconveyance of the legal estate. Seguires them to forward their
why cellency the Governor, Sir Henry Privy Council the result is that final properly rendered in English as It does not appear whether the uncle" Bommunications addressed to the Editor, not necessarily" for mors resson than ever
the Colony should make the May, KCMG, was recently judgment has been given for the De- Tong Shun. To the Chimese ear the or the tephew found the money for
·gubication, but as an evidañce of thâir bona fides.
small sam received in rent awarded the Datingaished Ser- fendant bankers with costs both in names are, however, quite distinct, this purpose. Secondly, the nephew the Privy Council and below. because their intonation is different assigned the legal estate to the uncle a charitable offering. Perhaps the vice Medal,
Council for the Plaintiff was Mt. They are also distinct when written subject to the indenture, eraalivir only justification for the races
IWelt Oplum.' during such a critical time in the Two men were sach charged Eldon Potter, instructed by Messrs. in Chinese characters, because these the equitable mortgage, and the interest thereby Empire's history is the fact that with the unlawful possession of Hastings and Hastings, and Counsel characters indicate tonal marks. It principal and they so largely assist charity, and thirty tsels of opium found in for the Defendant bankers was the appears that the nephew in signing secured, the nephew covenanting anything that can augment the their possession at the Yaeng Tai Hon. Mr. E. Shary, EC, in- the indenture made use of the Chi- with the uncle to pay him, on de sam that will be realised ahould Hing Wharf. The B at defendant structed by Messrs. Deacon, Looker, nese characters appropriate to his mand, the principal sum of $12,000
uncle's name and not of those appro- and all interest or other monies due - he cheerfally donated by the was sentenced to six months' bard
The judgment of the Privy Council priate to his own name. It is said by virtue of the indenturs ~öf community.
labour, and the second was consisting of Lord Shaw, Lord Far- that this alone is sufficient to
mortgage," and the costs, charges, and“ remanded until next Saturday.
ker of Waddington and Lord, 5um-identify the uncle as the person in
expenses of paying off such mortgage Opium Pipe. Ever since the Hongkong St. A Chinees coulis was found in er, and delivered by Lord Parker of the identure described as the pur-and obtaining & reconveyance, there
Waddington states as follows chaser. Their Lordships cannot ac. The socond point their Lord- George'a Society issued the ad possession of an opium pipe, By an indenture dated the 17th cept this contsation. A person who ships have to decide is the effect of verticamenta announcing that which he attempted to ps, September, 1909, and made between signa, seals, and delivers a deed of these transactions on the position there was to be a War Bond valued at about $2 which he was Pang Kit Cheong (thereinafter call. convannut cannot avoid liability un-of the appellants. The uncle con- Lottery on St. George's Day, we suspected of basing stolened the vendor), of the one part and der the deed by signing a name tends that they do not preclude him bare been waiting for protesta Defendant gave first the adärem a person therein described as "Tong which he represents ns, but which from setting up as against the ap sgainst it. Three bave been so of a person at 20 Upper Laser Shur, Victoria, in the Colony, of is not, in fact, his own, nez can he long in coming that we had almost Row as having given if him, and Hongkong, Trader," and therein saddle such liability on the person pellants the equitable estate which he undoubtedly theretofore possƏRS- began to think that those when this was disproved he gave after called the purchaser, of the whose name he uses, unless he is the people who disagree with this the address of a clansman, who other part; it was witnessed that, duly constituted attorney of such fed. The appellanti, on the other form of raising money for War also denied having done so, Hein consideration of 28,500 dollars poeson. The nephew was not the hand, contend that such equitable Charities were going to let the was fined $5 with the siternative then paid by the purchaser, the re duly constituted attorney of the interest as the uncle had prior to the matter pass without airing their of seven day's hard labour..
ceipt whereof the vendor ackagwladuncle. Ha is therefore liable on the transactions in question is now views, but the copy of the letter Philippine Health Restrictions.
ge, the vendor assigned unto the convenant, and to argue that, while gone, and that his solo interest is the legal interest which he expressly Truthfully described na one of the great events of the trade which was sent to His Excellency The American Consulate Gen-purchaser all that piece or parcel of the person who covenants is the year, the Chairman's speech at the annual meeting of the Hongkong the Governor by the Bishop of era! has rosived cable notice land being Inland Lot No 853, then nephew, the property passes to the takes, subject to the appears
equitable mortgage. and Shangbai Banking Corporation, held on Saturday, contains Victoris, the Bv. T. W. Pearce from the gasmatine authorities known as No. 104, Bonham strand, untip would be to contradict the way pics of absorbing interest, not only to commercial men bat and other clergymen in the in the Philippine Islands to the to hold the same unto the purchaser deed, which clearly indicates that tions, there are two points which in practically the whole foreign and native porulations of the East. Colony, shows that the subject effect that, pending the prevalence for all the residue of the term the property passes to the person must be borne in mind. In the Srst The outetsuding evanta that have marked the past year's trade, the has been considered by them, of cerebre-spinal meningitis in created by and subject to the pay-who enters into the covenant.
place, whatever the nephew does in political decisions affecting the international relations of China and We have no wish to ṛake up a Hongkong, paaseners from Hong ment of the rent and the pert.r-
Even if the use of the Chinese carrying out the transactions other countries, a review of Obins's progress since the last Bank controversy after the nature of kong to Philippiae porte should mance of the lessee's covenants and characters appropriate to the uncle's question must be taken as done by mesting, and a recital of hoped-for improvements were dealt with in that which took place on the faralsh themselves with a conditions reserved and contained
name be said to create an ambiguity, the direction of the uncle, the party- Mr. Dodwell's speech in a manner that was comprehensive and ocassion when the last War Bond certificate from a Hongkong health in the Crown lease therein men
to elucidate which evidence of in- beneficially interested. In the second sarsinot. It is more than a cogent retrospect, for it points the way Lottery took place, but we cannot officer, vised by the United States tioned. And the archaser thereby tention is admissible, the uncle's place, the position of an equitable to fetare actions upon which the continued progress and develop help giving expression to our Public Health surgeon, certifying covenanted with the vendor that position is in no way improved. For
mortgagee may be improved by ment of the Far East depend. To review the various subjecta and agreement with His Excellency to their non contact with cerebro the purchaser would during the it is quite certain that the vendor transactions to which he is not a zerely paraphrase portions of the speech would be arrant plagiar- the tovernor, when be safe, in episal meningitis, for two weeks residue of the said term pay the rent intended to convey to the nephew party. Where a prior mortgage is and perform the covenants in the whom alone he knew in the transac paid off by the owners of the pro- ism, but attention was drawn to one or two matters at the meeting reply to the letter sent to him, prior to their sailing,
said Crown lease reserved and con- tion. It is nihil ad rem to say that perty, the position of a poime upon which the Hongkong Telegraph has dwelt before and opportunity that the ends justify the means. A
little harmless gamble on the part Three soldiers, a cosporal and tained, and indemnify the vendor as long as the vendor got his money, equitable mortgagee is improved, is thus legitimately given for a further reference to them. #
None can have read the record of China's past year of com- of people wishing to assist War two privates of the Royal Garrison against all actions, claims, and de- he did not care to whom he assigned although the circumstances were hava the Artillery were charged this more lands on account or in respect of the property. The nephew was not such that the party taking the se mercial prosperity with the criticism which follows of her internal, Charities will not
moral ing before Mr. J. B Wood with the non-payment of the said rent called as a witness, and his reasons conveyance might, had he so chosen, ahaon without experiercing an even greater regret than has existed slightest effect on the hitherto, that has a nation she leks that anity of direction so of the Colony. If more money having, on Saturday last in the or the non-performance of the said for signing as he did are a matter have kept the mortgage alive in his." essential to a full measure of success. At this important stage of can be gathered in for this very evening, refused to pay the convenants and conditions, or any of surmise, but having regard to the
fact that he was about to perpetrate puime mortgages. Even in the case her history, when she has come into a great comity of nations band- deserving object then by all proper ricksha hire to three of ed together for the preservation of civilisation's liberties, and when means let me have a war lottery, coolies, and with damaging executed by both parties and wit a series of frauds, it is not improof the creation of an equitable iickshas to the nested by Mr. Hodgson, a solicitor, bable that he desired to be able to charge, it is not necessary that the a sostaity of available raw materials would have made "de Erast Washall have the satisfaction of their
The vendor was at the date of
assure the uncle (as he subsequent person in whose favour the char rescurces, it freely developed, a factor el tremendous weight in her knowing that we are helping extent of $20. The soldiers rowth to world importance it is a coffosal tragedy that patificat slong good cause, and to our admitted both charges and their this indenture the legal owners of assured him) that his (the uncle's)) asted should party so the dissensions and srmed oppositions to authority should have tiven mind there is nothing against the officer stated that they had made the leasehold property expressed to the country from entreme north to south. The energy that should people of Hongkong, or anywhere an sgreement to pay to each of be thereby assigned and it cannot name had been used in the transac transaction. A conveyance by Ato
position to mortgage or otherwise
C, creates such a charge, if it be have been spent outwards has been diverted inwards, and not with a else for that matter, getting a the coolies 3150 as compensation be disputed that the effect of the tion while he himself remained in a B, subject to a charge in favour of the intention of the parties, even grest amount of effectiveness either. Canton still defice Peking, little thrill out of the money they and also to refund $20 for repair indenture was to pass the legal deal with the property.
per.. to the rickaba, Mr. J. Wood estate in this property to the
Their Lordships think that the though U be not himself a party to civil war ie in actual programs as we write, and it seems that until are subscribing. the various faction have ameixaila'ad the fundamental idea Warning to Motorists'
legal estate undoubtedly passed to the transactions the most werted aid that their Commanding on therein referred to as the pur-! that they are Chinese frut and parties afterwards, matters will go
the nephew, though insamuch as the
·Officer would bs commaniceted chaser. The only question is as to
If these points be borne in mind en much the same as they have since the time that the Mangbu We were pleased to notice the with in order that the money the identity of this person. The Dynasty was superseded by a republican form of Government. Each warning isened to motorista of the abould be found and adjourned respondent (who will hereinafter be transaction was one entered into on and attention be paid to the Indexis
referred to as the "uncle") contends the uncle's behalf and with money
the legal estate to the uncle, it is group may feel inuired and truly believe that, «given power, they Colony to proceed at a slower rate the osse until Wednesday morn that he is the person in question:provided by him, the nephew heldture by which the nephew conveyed could work out China's salvation better than the raling alique, but in order to avoid
estate in trust for the in their Lordships' opinion res safar ing at 10 o'clock, when the money at the legal estate passed to the legal they have failed to appraise at their true value the essential used of as possible raising dust while must be fortbooming.
him. The appellants, on the other
transaction was, and was intended constitutional methods. All who know China well will echo the there is a prevelance of cerebro Larceny from a Grave-digger. words of Mr. Polzell when be says that "' we are ardent-believers spinal fever. The better cleaning! A Chinees is charged beforehand, contend that the person in On the 12th November, 1909, the ably clear that the effect of the the property for 15,000 dollars: This to be, that for which the appellente
contend. This indenture contains in the future of Chine.but the case of Russis shown to what and watering of the roads is Mr. A. Dyer Ball this morning question is a person who will be here nephew created a legal mortgage on lengths political tecrists may be led, and it is earnestly to be hoped sufficient evidence to show that with stealing a silver watch after referred to as the "nephew
mortgage mould, by virtue of the no recital se to fa the nephew. that Chinees politicians may be warned by this sample to sink the authorites responsible are and a chain from another Chinese and that the legal estate passed to was a fraud upon the uncle, for the recital of the appellante mortgage
posed to the their differences in favour of the wider sims which the interests of taking steps to combat the spread Complainant who is a grava
There can be no doubt that parole legal estate, rely on the plea of pur their can country and of the world at large slike demand from of the disease, but it is up to the digger of the Portugues emetry evidence as to the identity of a party chase for value without notice.
public to do their pirt too, sisted that on Saturday, about to a deed is always admissible, but On the 24th July, 1913, the nephew them"
The other gution to which reference will bare be made is the As everyone knows there is a good pm, while he see busily engaged in considering such evidence it is of created so equitable soortgage on
the property for 16,000 doll reheme for the unification and reforms of China's curr: nogs matter deal of carelessness on the part of is filling in a grave, his jacket was paramount importance, to bear in that stands at the way forefront of the country's commercial pro- motor car owners on race days," hanging on a stone ordes. After mind the indicia of identity afforded This blems. The debilities adfered by all, traders, sad the consequent Oars rash through the streets at a while he felt is his pocket and by the deed Iteell. In the present equitable mortgage," whose hindrance canson, through the lack of a national, and standardised each a spood that the unfortunate found that his watch and obsin case these indicis are as follows: terest would be postponed enrysney are too well known by commercial man in the East, to meeći podastrisas or people riding in bad been abstracted. Bearch the person to be looked for is a prior oquitable estate of the
On the 29th August, 1913, the dilating on here, and it is plausing to read that a scheme has been riokahse are smothered in the dust began and be found defendant person who (1) is named Tong Shum; Iaid before the international Banking Groups and the Ministry of raised by theen, and it is caly stood by holding his watch. He (2) rondes at Victoria in the Colony how paid off this legal Fininos with a view to a remedy. No great hopes are held out fair that motorista should questioned his but he made no of Hongkong; (3) is a trader; (6) the that the matter will we realisation before the conclusion of the war, but if **Nithas the initial stope have been tzken. One cannot
toples without recalling what His
Soldiers In Trouble,
indenture them.. The
2.8
a little care. The reply. He them arrested socused has paid tán vendor. 25,800 dollars; for preontiousry driving is with his foki and took him to and (6) antess into a onnivo
from the
1
1y
uncle
frand
own favour, so as not to bedeft the
Fando
and
¿will be the anyy ai
civilised world.