THE HONGKONG TELEGRAPH
MONDAY, SEPTEMBER 2, 1929.
EXEC >N RULING.
QUEEN WILHELMINA,
SPECIAL
NURSERY MILK
Put up in bottles sealed with Dhero Crown Cork,
Recommend by the Local Medical Profession,
In Pint Bottles at 32 cents per bottle,
PASTEURIZED MILK
Put up in similar bottles at 32 cents per bottle.
F
CHIEF JUSTICE DECLINES TO RECEPTION GIVEN AT THE
MAĶE AN ORDER.
DUTCH CONSULATE.
The Chief Justice (Fir Henry Gol. The Consul-General for the Inn) declined to make an order for Netherlands, Mr. M. J. Quist, held immediato execution ngainst the reception at the Chuneary, Yuen Loi fem, and Lam Kam-chang, Asiatic Building, on Saturday in managing partner, No. 82, Con-honour of the birthday of Her naught Rond Went, when he gave Majesty the Queen of the Nether- judgment against them in the lands. The Consul General pro- Supreme Court un Sabirday mor- pased the health of the Klug and ning for the sum of 82,830 as dam. His Excellency the Governor, Sir ngos for breach of two contracts. Cecil Clementi, K.C.M.G., proposed The plaintiff was tho Wah On Hanga toast to the Queen of the Nether- | firm, No. 8, Bonham Strand West, lands. and the case was heard ex-parte."
His Excelloney was accompanied Mr F. G. Jenkin. Instructed by by Capt. F. G. Sillites, A.D.C., Mr. T. H. Loschy, of Messrs, Rusa others. present including H..E. and Company, who was for the Major General J. W. Sandilands, plaintiff firm, said he asked for the C.B., C.M.G, D.S.O., Lieut. D. R. M. order because he was matructed Cameron, A.D.C., Commodore R. that the firm was not financially A. S. Hill, the Hon. Mr. W. T. und and partners had suddenly Southorn, C.M.G.. the Hon. Sir Jeft the Colony. His Lordship re-Joseph Kemp, C.B.E., K.C., the marked that according to the word Hon. Mr. II. T. Creasy, C.B.E, the ing of the section, there waa
Hon. Mr. T. II. King, Mr. D. W. reason why he should not make the Tratman, Mr. W. J. Carrie, the order in every care in which ho gave Hon. Sir Henry Pollock, K.C., judgment he saw no special reason D., the Hon. Mr W, E. L. Shen- for making it; he had never been ton, Mr. W. H. Bell, Mr. G. P. asked it before and, Lammert, Mr. II. A: Lammert, Mr. bers of the Consular Body and many members of the Dutch com- munity and their ladies.
no
THE DAIRY FARMICE & COLD STORAGE CO., LTD. to make skruptcy G. Grimble, Mr. J. H. Seth, mem
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proceedings,
It was claimed by the plaintiff firm that the defendants failed to fake delivery of a éargo of Jayn misgear, an a result. of which the plaintiff firm sold thé angar by puh. fie auction with a loss amounting to the balance elauned..
|
come
on March 3, 1929, the defendants entered into a contract with his Arm for the purchase of 2,000 bags of When first before the Court, the sugar. On March 10, the defendant ense was adjourned until Saturday entered into a second agreement because his Lordship was not antis- for the purchase of 500 bags of Ged that a ropy of the statement ofgur. The sugar was to claim had been served on the de from Java and it was sent from fendants,
Tho that place on April 2 or 3. cargo arrived in Hongkong on April, 9, and four days previously the plaintiff firm sent à letter to the defendants telling them that the sugar had been shipped from Java,
Service Point Proved. Mr. Jenkin said he would first of of all prove service of the statement of claim and for this purpose called Cheung Kwok-wing, a clerk employ ed by Messrs. Russ and Company, solicitors for the plaintiff.
Sugar Arrives,
On April 9, another letter was sent by the plaintiff firm to the de- fendants stating that the augur had arrived and had been put into godown.
Witness deposed thint on August 24, 1990, Ingather with Mr. F. II. Lonely, he served a copy of the statement of claim on Mr. E. S. C. Brooks, of Mosers. Hastings, Denny, Witness continued that when the and Bowlay, solicitors for the defendefendants falled to take delivery, dont
Counsel lien went on to outline the facta of lie case. He said that the claim was for money payahla by the defendants for failure to carry but two contracts, hy not taking delivery of 2,500 bnge of coarse sugar. There were two contracts, respectively dated March 3 and | March 10, this year, and except for differences in detail with regard to quantity and price, the contracts were similar.
the sugar was sold by public auction by Messrs. Hughes and Hough, witness being present at the sale. The auction realised $30,112.50.
Under the contract of March 3, said witness, the amount payable by defendants was $26,839, while the amount due under the contract of March 10 was $6,872.25. Tho difference between those totals and the amount realised by the sale was $2,598.75. To that loss had to by added the auctioneer's fee, $25 and $206.25 being one month's storage rent at five cents per pleul.
His Lordship gave judgment for
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By the contract of March 3 the defendants undertook to take de livery of 2,000 bags of "21" coarse sugar within a month of receiving the plaintiff on the claim with costa, DISPENSARY OPENED. tee were indebted to Mr. North for years ago. Since then the Shauki- written notice from the plaintiffs Mr. Jenkin then asked his Lord. that the sugar had been removed ship to grant immediate execution from the ship into godown. Ta de- | under a section of the Code of Civil fansk of taking the delivery within |
Procedure.
or at the expiration of the month, His Lordship remarked he did not the defendants, became liable under think he had been asked to make In clause..
such an order before. Why should he make the order in the present; case?
By clause 0, which was cominon to both contracts, it wne provided that upon the expiration of the time. for storage in godown, if the pur chinsers (defendants) failed, to nake further payment. nccording to the Agreement, the plaintiff firin would be at liberty to sell the sugar by public audion or by private shpins
the latter might desire, an all losses in price should be made good
by the defendnuta.
Delivery not Taken,
On April 9, continued Mr Jenkin, the sugar arrived in Hongkong from Java and was removed to | godown on that date. Do the same day a written notice was sent to the defendants, informing them of, thê fnet. They did not, however, take delivery and on May @ plaintiff's solicitors formally enlled on the defendants and nsked them to take delivery, at the same ting waining them that if they did not do so
the goods would be sold by public
auction.
Partners Missing.
Mr. Jenkin replied he was in- structed that the defendant firm was in a "rocky condition" and that some of the partners had left the Colony suddenly.
AB it was Satur day, the order if granted, would suve a delay of a few days. Coun- sel added he understood that the order was made very frequently in the Summary Court.
His Lordship:Yes, but I have never been asked to make this order before. I don't see why I should not make it in every case where I give judgment.
Referring to the section, Sir Henry Gollan remarked that there was nothing to Indicate when auch an order should be made. It seem- od that he could either grant it or refuse it.
Mr. Jenkin agreed to this, and the Chief Justice went on to say that he did not see any special rea- Delivery was not taken and the son in the present case why he sugar was sold by publie auction on should grant it more than in any May 13, when the sum of $30,112 other case. If made, it might af- 50 was realised. The resulting loss, fect bankruptcy proceedings, including the auctioneer's fee, $25, Counsel agreed there were no and storage charges, was the special reasons, subject to those ho amount for which they claimed. had just stated.
Chan Yik-din, the managing part- Į His Lordship said he would not ner of the plaintiff firm, suld that grant the order.
SALESMAN ŞAM
(I'VE SHOWN A VISITOR WHAT'SA MATTER 'THE OSTRICHES, SAM YA SORE AT
AND NOW VM GONNA
"TURN HER OVER TO
You-
MEE?
(OH,I'M SO INTERESTED
IN ALLIGATORSI DO YOU KEEP THEM, TOO,
AS WELL AS
OSTRICHES?
DANGER ALLIGATOR HOUSE
iKIP HOUT
•
INTERESTING CEREMONY AT
SHAUKIWAN.
dispensary haa the contribution of $10,000. Li Yau-tsun then congratulated tremendous amount of good. kai fongs on their house-to-house Ho Kom-tong has advertised for subscription Campaign which over twenty years in Chinese newspapers urging the people to secured $10,000,
attend the dispensary to have their For the benefit of the Chinese, ailments treated and not to aban Shaukiwon was in holiday mood Mr. North made a speech indon dead bodies in streets. For -on Saturday, morning, when the Chinese, stating that it gave him the same period Mr. Ho has pra- firing of crackers at an assemblage great pleasure to attend on that vided free coffins to all poor of village elders and kat fonga joyful occasion, and on behalf of
bury their dead. marked the formal opening of the his wife he thanked the Chairman Chinese unable to find means to for his invitation and wished the new building for the Shaukiwan elders and kai fonga in Shaukiwan The inauguration of a dispen- Dispensary in Main Street, Mrs. Jong life and prosperity.
sary in Shaukiwan marked the It. A. C. North, wife of the Secre-
Mr. Leung Pat-yue, one of the beginning of a number of other tary for Chinese Affairs, grace-directors of the Dispensary, thank dispensaries. A few years later fully performing the opening cere-ed Mr. and Mrs. North for their saw the establishment of dispen- many amidst the cheers of the presence, and unid it was indeed sarles In the Central District, large gathering of European and a great honour to the directors of Wanchal, West Point, then Yau-
the Dispensary to see such a large mati and Mongkok, Chinese well-wishers.
gathering of well-wishers, many Mr. Li Yau-tsun, C.B.E., the of whom came from remote parts Tung Wah Hospital, representing Mr. M. K. Lo, Chairman of the Chairman, in an appropriate of the Island. speech, remarked that it was a
the latter institution, wished the Shaukiwan people continued great honour to have the Hon. Mr. and Mrs. North, the Hon. Dr. Mr. Ho Kum-Long, Q.B.E., recall health and prosperity. Wellington, the Chinese represen-ed the history of the dispensary. At the conclusion of the speech tatives on the Legislative Council when some 35 years nge an un-making, a small girl presented a and the elders present on that precedented outbreak of plague bouquet of roses to Mrs. North. occasion. The dispensary in devastated the Island, The Light refreshments, were served,. Shaukiwan was established about ignorant people then threw the and Sir Shou-son Chow called for twenty years ago by Chinese mer-dead bodies of their relatives into three cheers for Mrs. North. chants and Mr. Brewin, the then the streets. In one year no feweri S.C.A. It was housed in the than 2,800 corpses were found Among the guests present were ground floor of a Chinese tenement scattered and abondoned all over the Hon. Mr. and Mrs. R. A. C. house. It was only
North, Hon. Dr. A. R. Wellington, recently, the Island. through the assistance of the Hon.
the Hon. Dr. R. H. Kotowall, To convince the uneducated and C.M.G. the Hon. Sir Shou-son Mr. Halifax, that the Government.
of Chow, the Hon. Dr. S. W. Tso, made a grant to the disponuary ignorant of the necessity of the present site, which covers adopting foreign medicines and of 0.B.D., Mesars. M. K. Lo, F. N. 4,000 square feet. The dispensary the value of disinfection, Mr. Ho Chau, Wong Kwong-un, Ilo Kom- was also grateful to Mr. North Kom-tong, and the late Messrs. tong, O.B.E.. Tang Shiu-kin, L
Po-kwei, Chen sum of $8,400, Lau Chupak and Fung Wah Yick-mui, L for raising a secured from the Temple Fund, chuen, and Mr. Brewin established Heung-pak, Ip Lan-chuen, Ho Yee- In all, the directore and commit-the Shankiwan disp Bury some 23 cheung, and many others.
Information, Please
YES'UM - ALL
THOSE THAT DON'T CRAWL AWAY --
AND WHAT DO THEY FEED
ON?
History Recalled,
:
| MONDAYS, "TUESDAYS, (AND, "TELL ME PLEASE,
WEDNESDAYS, AND "TH' ||WHERE 00 ALLIGATORS.
REST OF TH’WEEK-
COME FROM ?
By Small
RIGHT OUT
OF THIS
POOL!
PIDA, U, B. PAY, DIES A