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Attention Inclusive
"
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REPAIRING A SPE
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Hongkong. April 16, 1907.
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MEMOS FOR TOMORROW. Amusements. 9p.m.-Performance at City Hall,
THE CHINA MAIL.
General Memoranda, WEDNESDAY, December 18-
p.m.-Austion of Leasehold Property, Mesars Hughes & Hough's Sales Rooms. 9.1-Corrert at St. George's Hall, Gooda per Delhi not cleared a 4p.m.
on this date subject to rent. Goods per Nippon undelivered after this
dáta subject jo rent. THURSDAY, December 19-
Famay, Desember 20
Goods per Mongolia undelivered after
noon on this date subject to rent. SATURDAY, December 211
9p.m.-Performance at City Hall. 2.30 p.m.--Austion of Gold and Biver ware, &c., Mr Geo. P. Lammert'e Baloo Boomi
-A SHIPPING DISPUTE,
'A Series of Charters.
An action interesting to the shipping community was commenced in the Full Court this morning when the Lombard Steamship Company, Lansited, apposled against the decision of the Chief Justice (His Lordship Sir Frincis Piggott) in the Aotion Curlowitz and Co. r. the Lombard S. 9. Co., Lt, in which His Lordship found for the plaints, now respondenta. Justice) and His Honour Mr A. G. Wise (Puise Judge) were on the Bouch.
MONDAY, DECEMBER 14, 1907.
BY TELEGRAPH.
Berkeley, Mr Pollock argued that an actual breach of an express contract--not an implied contract--for the failure to pay the Dock Company's bill was not an ex- copted peril. The vessel was arrested by TEST CRICKET MATCH. the Dock and was kept under arrest for some time. The admissions of facts by the appellants showed that this delay frustrated the charter.
Mr Pollock contended that the United States Government wore entitled to concol the shartor: the substance of the charter was that the ship was to be employed continuously by the U. 8. Government, certain happeninga excepted. It was a case for urgency.. Mr Pollock quoted cases to support his argument that there was a
Mr Pollock argued that States bad
ENGLAND V. AUSTRALIA.
·England's Becond Innings,
(From Our Special Correspondent.)
STONEY, Dec. 10, 1.50 p.m.. After the tea adjournment on Saturday-..
His Lordship Sir Francis Piggott (Chief | breach of the charter party; the United Cartney only added ons run to his
Sir Henry Berkeley, KO, instruct ed by Mr R. D. Atkinson (of Meatre Deacon, Looker and Beacon) Appeared for the paintiffs and the Hon. Mr. B. T. Pollock, K.C.. Instructed by Mr A. Jack son fof Mesus Johnson, Stokes and Blaster) represented the respondente.
grounds for cancelling it was competent for Carlowitz and Co, to do so. score before being dismissed, and both
Sir Henry pointed out that had the Dock bill been paid, on, the, With Cotter and Saunders were got rid of the United States would have continued the charter and then, he asked, where would cheaply.
Then Carter and Hazlett made a stand respondents have been with their notice of cancellation of the 15th 7 The tobeel fre actually handed over and was ready to sail for the last wickets the former scoring when the ship was seized. The purposes of the voyage were not frustrated; snother 25 before he was sent back.
government last year, showed that we have no reason to believe that any appreciable aboaling is going on in the harbour. This is comforting, but the discomforting fact is that the draft of modern steamers is being yearly ineronsed. Sir William Mathews in his presidential address to the Ineti tution of Civil Engineers in London, pointed out reseatly that the shipping 2.30 p.m.-Ausion of Household Fural frequenting the harbours of the East
ture, &o., Mr Geo, F. Lammert's Sales Boom.
Bis ruled by the depth of the Suez Canal, but in two years time the Suez Canal will be available for vessels of a draft of 35 feet. No such vessel could enter the harbour from the west; she must come through the Lyemen, and in that
Sir, Henry stated the docision of the direction the channel is restricted in Chief Justice was in effect that the plain width by numerous shoals, the Ramblertiffe, who had chartered the stratser Salamanca from the appellants, were Shodl and Belcher Ridge off North justified in repudinting the charter, hocause
A. Fielder finished with the best HONGKONG, MONDAY, DECEMBER 16, 1907. Point leaving only very narrow passages of the default of the owners in not carrying
THE BANDMANN COMPANY.
bowling average, viz., 0 for 82. for large vosals. It seems clear that out the implied undertaking on their part
When stumps were drawn for the day. with rome people-whom they called in the near future some large dredging Otati-sub-thaiterers of the ship from
On Saturday evening the Bandniano operations must be undertaken. We Carlowitz and Co., who had in tura Campany presented "Shorouk Holmes" England in their second innings had
to a large audience. This was the first scored 19 runs for no wickets, Ir is now fifteen months since the trust the Government will undertake-chartered to the Cuited States Govern production of the piece in Hougkong, and destructive typhoon of 18th September, them in time and that the history of States Government were entitled to ve were highly delighted with the manner in the Englishmen playing arefully, and
ment His Lordship held that the United it is not too much to say that those present
On resuming to lay runs came slowly, 1906, woke w up to the absolute the typhoon shelter will pot he repent-pudiate the re-charter and that thereupon which it was staged. As a dinn there is inadequacy of our present typhooned. That the large steamors found thetabin were entitled to repudinto the mich in it that thrills, and the situations the deficiency was wiped off without the
sub-charter from-Carlowitz and, in turn, that ougionally crop up are usually seus neesssary in modern trade should avoid Carlowitz were entitled to repudiate the tions. In fact some are so sensationof the port would be a sorions blow to ordinary charter. Sir Henry now asked that the tendency is to reduce them that His Lordship should now, tako itu melodrama of the blood-and-fundor the prosperity of the Colony. We different view. Owing to the limited type. Mr Claude King (s the great have great natural advantages; we have araber composing the Court of Appeal-- detective) and Miss Florence Homer were a harbour Eheltered at all ordinary referred to he had practically to re-argue the capability that has characterised them point which His Lordship had before studiously within bounds, and played with
The China Mail.
THE HARBOUR.
shelter. Not that we had not all recognized it before, but we are in the babit of forgetting such things wheu times go soooth to be unpleasantly reminded of them sooner or later by a disaster such as that of lost year-times without the necessity of spending the ease before His Lordship, but Sir Sir Matthow Nathan promised that millions sterling in breakwaters as at Henry, notwithstanding that, bad no the work of providing a new shelter Colombo, we have a considerable area vince Their Lordships that the view taken
doubt or hesitation of being able to con should be immediately taken in band, of water of ample depth for the by the Chief Justice was erroneous, and we understand that the large ordinary consting steamers, but we waterworks extension scheme at must not lose sight of the fact Tytutu Tak is being held over for the that the trend of modernnaval architec
decide.
ship was chartered and the only remedy The innings closed for 300-27 runs. for the delay was an notion for compensa-
ahead of England. Judgment was reserved.
tion.
present mainly to provide funds for ture is a constant increase in the arrived at: They hind first to eco what This, of course, is inevitable, and fur tha
this more pressing need, but so far as we can ascertain no actual work has yet been commenced and no contract
that a lorgo work such as the proposed be undertaken without complete our (voys and adequate consideration; it is
:: throughout their Eastern appearances,
wellin haud and rather overdid, the but one or two others were not so
"tragic business. This may be due to The Chief Justice--I remarked at the the fact that the forte of the Company is time that it was a very difficult case to pure comedy. In the lighter plays they are mostly excellent, but where thore Sir Henry concurred. It was a ense that are "heavy" lends there is a chance that could be reargued and a different decision a few are unable to rise to the occasion. Carlowitz had really claimed The Beneral excellence of Saturday's perform- claim was for $12,500 damages for ance the Company deserve the highest breach of cliarter party of the Salamanca, praise. The piece was certainly well with and the plaintifs, then alleged that seeing, and the audience applanded loudly for a lift of the curtain at the end of "eachi the owners had committed a breach of act the final curtain being the signal for vessels likely to trade in Eastern the clater party. In the statement of quite an ovation. -To-night theatregners PISTEILY" "202" that what the unwised a treat as Sutio's play John One of the English cricketers now statia to the United States constituted a veini ehould not miss seeing the Earl of Manila in respect to the re-clutter by the those who prefer a coinedy of the lighter
draft of steamore; and if we are to keep our place as one of the first porta in the world we must take early steps
PERFUMERY advertised. We can quite understand to provide accommodation for any
A Fine Selection of the Choicest
FRENCH PERFUMES
IN FANCY BOXES...
:
3
4
loss of a wicket.
Fane (33) and Rhodes (20) scored well and at the luncheon interval two wickets were down for 85 rune.
The scores then were:
AUSTRALIA.
First Innings, P. McAlister V. Trumper CHA
M. A. Noble W. W. Armstrong V. Ransford CG. McCartney H. Carter A, Cotter J. V. Saunders
G. Hazlitt, pot out..........
Sundries
OOONBAR-R
Total
300
BOYLING
Fielder
six for 82
Braund
Barnes
one
Blythe
playing in Australia, who is credited breach of the ordinary cinzfer party Pawtucket?" to be played on Wednesday Rhodes
not enough merely to throw a heap of
with considerable powers as a raconteur, between Carlowitz and Company, and the We understand the cast includes an Eng stones into the harbour, and we are tells a story about the performance of a Lombard S.S. Company. They mid the fishman who tries to assume the manner Elegant
Perfumes, Soaps, quite propared to admit that the more confrere in a county match a few years states to repudiate their re-charter and up with the American idiens, much to the appellants' omission justified the United of the Americansand gets hopelessly mixed Toilet Waters, Hair Washes, baste in commencement may mean the
ago. His fellow-cricketer was at that so on to their repudiation. It seemed sunsetaunt of everybody. less speed in completion. We hope time a crack left-arm bowler, and might to Sir Hoary that the proposition he of the finest quality only,
we are justified in assuming that this have been still. On the particules Laced before the Court was one which THE PHILHARMONIC SOCIETY from the following celebrat-is the explanation of the apparent occasion referred to his county had to go adlion. Sir Henry submitted that wald ultimately receive His Lordship's ed houses: Atkinson, Piver, delay, and that work will shortly be into the field on the last day of a match the antiffs claim was unreasonable Roger and Gallet, Rigaud, commenced in such a manner as to against a strong baiting side. The that the onlinary charter party could
ensure adequate protection being pro- player who tells the anecdote says that not be minsted merely because the in the work of the above Society that the Houbigant, etc.---
as repudiated by the United first Concert of this season will be held on vided for the small craft at the earliest when he called for the left-hander in the States Gortiment, even granting that Wednesday, 18th December, st 9.15 p.m. SPECIALLY SELECTED FOR OUR 'Possible date. But there are other morning he found that he had had a the U.S.A. Are justified in cancelling in the St. George's Hall (City Hall), and
Christmas Sale
BY OUR
22 LONDON ARTISTES 22 LONDON HOUSE. W present the following latest London Suscasses for the first time in Hongkong: The following are highly recom-
mentled, and
very suitable for presents:
TO-NIGHT |
TO-NIGHT! MONDAY, DEO, 1éra, JOHN GLAYDE'S HONOUR"-
Alfred Sutro's latest successful play from the St. James' Theatre, London,
By special arrangement with Mr George Alexander.
TUESDAY, Deo. 17TH,
Mr W. Jacob's beautiful comedy
are
Ideal Perfume
Fleur D'Amour
Indian Hay
'BEAUTY AND THE BARGE, 4711. Eau de Cologne
The groat Haymarket Theatre success. By special arrangement with Mr Cyrel
Mkude.
WEDNESDAY, Drc. 1873,
In all sizes.
Peau d'Espagne
THE EARL OF PAWTUCKET." The present success of New York and Londen, now erding the Playhouse, Trefie Incarnate, Azurea. Loudon, By special arrangement with M Cyrel Maude,
THURSDAY, DEC. 19TH,
Fall Caine's great play !THE CHRISTIAN **
Now orawding the Lyceum Theatre, London, nightly.
FAREWELL PERFORMANCE." FRIDAY, DEU. ZOTE,
THE MORALS OF MAROUS
by W. J. Locko.
Founded on the celebrated norel THE HOBALS OF MARCUS ORDEYNE, from the Gerrick Theatre, London.
Camia, &c, &c.
Mitcham Lavender Water
Safranor
Cour de Jeannette
of:
&
re-charter
Wednesday's Concert.
We would remind all those interested
apel audiences on musy previons occasions, Bo that their apposmnce on Wednesday
Crawford...
ENGLAND. First Innings
Second Innings.
33.
F. L. Fane W. Rhodes
G. Gunn, not out...
K. L. Hutchings, not-out.
Sundries
Two wickets for
After Lunch.
SUSET, December 16, 4.25 p.m. After the lunch adjournment Hutch-- ings added 15 to his score, and then
At the ter interval the scores were:
K.L. Hutchings
merry night, and appeared then to be Assuming that the U.S.A. to have been points in "courection with the harbour really unfit to go into the field, to say justified in cancing owing to the owners that in order to ensure obtaining seats which should not be lost sight of. It nothing of leading off the bowling. He default, the effe of that would be to booking should be done at once,
throw the ship bachon the hands of the is not enough to have sufficient sheltor however, persisted in going upon the sub-charterer for the pose of the subthe past fortnight fave been working Guna was joined by Hardstaff. The
Both the Chorus and Orchestra during from typhoons; we must also have ground, and was put on first. Almost charter and the Tendy of the sub-hand, and we can safely say that their tono adequate warning of their approach inmediately, he clean bowled one of the charteren as not to repute but to bring and quality are excellent. The programme, pair batted well, and added 30 runs
best opposing batsmen a well-known action of damages nga the opere to
se will be seen from our advertisement before the ten adjournment, when the We have the neurance of H., E. Sir
recover compensation for oss he might columns, consists of Harford Lloyd's professional, who was considered to have hava kustained by having the tip brown Hero and Leander for sole, thorns and score stood at 3 wickets for 190 runs. Frederick Lugard that everything poslad a chance of coming to Australia back upon him instead of bein profitably orabestra, the soloists being Mrs R sible is being done at the Observatory with the present team. Shortly after employed by the U.S. Andreinedy Balilios and the Rev. B. Longridge, R.N., increased until 13,000 were on the During the afternoon the attendance to secure this, but the Observatory is wards, he got an irresistible ball post for the origins to to charters to an both of witors have delighted Hongkong ground. powerless without sufficient observing leading amateur, then bowled two other notion against the sub-charterer to
him to carry out the sub-charter, stations. We have "worried through men. The quaint way in which he Sir Francis Piggott-Would you the last typhoon season without the naked How is that, umpires" and that it applies to a case where knowledo prove a dow
Mr Denman Fuller, whose dame is possibly other circumstances, attracted of ro-charter runs all through and affecte benefit of obervations from the Gap the attention of his captain-a mannil charters?
roady sell known in the Colony as one of Rook and we are told that a new well known to Australians as
exponents of music, will be heard
shora end" is being obtained for thoroughly good follow. He want
ondelsohn's Capriccio Brillant. Sir Francis I think I decided there to ted edd nothing further witli regard that cable, which it is hoped, will up to the bowler, and the following was knowledge all the way through, rende for Mr Fuller is sure to give a that can only delight and please. ensure us against the constant com colloquy ensued: "You are bowling well Sir Henry pointed out that His Lord- plaint of late years that there is no to-day ""Yes, sir." Had a good sleep ship also hold that: Ostatis in obtaining Coleridge playing two of the consent of the owners to the re-engage-Valse dior's characteristic waltzes... communication with Cap Rook, a con-
con last night?" "Yes sir. And a good of the ship outside of the sub-hemicine, Reine and Valse Bo- tingency which usually arises at the breakfast?" "Yes, sir." Alindtelling me cliarter-Whirls was for ordinary commor appeal to aby their freshness should Hệ hond what you had for breakfast ?* ? Badium, cial purposes are acting as principals, are giving Gresides theas the chorus
uut as agents of the respondents and His serenade, Lon Daybreak, and a The British Minister has inform Lardship had also stated that Carlowitz, J. G. Calcott, fork on Weeps" by the Waign that an ordinance, has
ag
most critical time in the middle of sir." The captain is never tired of telling the typhoon season. But it must be this story of how he baited the left-bandes remembered that the Gap Rook, though and got such a naivo reply. the cable was then intact, gave us yo warning of the typhoon of the 18th, September. The typhoon was of sunall diameter and came from the east, in which direction we have nơ, ob-
LOCAL AND COAST NEWS,
It is probable that a Volunteer Ball will be held this season.
Invitations are out for the Police dance
Sir Henry did so. Knowledge would atfoot the question of damages,
да
Arbices, will also be
G. Gunn, not out
J. Bardstaff, not out.
Sundries
17
60
(49)
Three wickets for 199
HONGKONG'S SEDITION
ORDINANCE.
(Chinese Mail's Seveler.)
PERING, December 14
had no interest in the re-charter. Bir heard.
been passed in Hongkong imposing s The Committeo A Henry thon argued that as Ostatia were principals they could not repudiate their strucwhat unfortunat een perlinga fine of not more than $500 and im
magenta week in which to give choosing this prisonment not exceeding two petra for- charter for the default of tho owners.
The Hon, Mr Pollock pointed out that when so many other entformance the publication in the Colony of Hong. in the statement of cizim, eluse 5 of the also before the public and Long-of any sedatious matter calculated origins charter was substantially set out hoped, however, that the pinnerely
Mes Delices; Violet Merveille serving station at any useful distance be held in the City Hall on December 24. charter party: Na notice was given to time, not only for their own thoie
PRICES OF Abaston, 89, 80, 81,
Fiver's Fancy Toilet Cases Containing:-
Plan at Messrs & MOUTRIE & CO FULL OnCHESTRAL
Doors open at 9.50 .st. Commande at 9r.M. Soap, Perfume, Powder
Hongkong, December 10, 1907 1800
EMINISCENCES OF INTERPORT
ORTOKET
REME
By J. A/ E
Reprinted from the
Pamphlet Forro,
and Toilet Water
CHINA, MAIL
A. 8 WATSON & 00. LIMITED,
8 Queen's Road Central
BUILDINGS,
50 Cent
Fungkong, November 30, 19077
To bo had at the "Criva Man Offer ALEXANDRA.
from the Colony. Would it not
The English Mail of the 16th Novom
RICH CHINAMAN DIES,
and on that they pleaded that no charter fail to patronise a local entwill not to excite revolutions, elo, in Chion. to money was due while the vessel was off the those who have given up so mno and
plaintifle until August, though the wreck enjoyment, but that the Coldomat. * was in July that the vessel was off the benefit to the extent of hearing realny charter and charter tunay was paid for music. It is always a dillioult task tha the whole of July an allamative date suitable to moventy performers an
the nouats entitled to
irrespective of whether the charter Captain Riley of the &s. Laertes rond heen, rightly or wrongly cancelled
respondents trela Pets strong monsona and heavy rains on Even if it was found that res but the way down from Ainoy.
totally wrong in 1 cancelling the pharter,
be money well spent to establish a for was delivered in London on the 14th claim, plastin then ploaded they were understand that chosen was the only lighthouse at Pedro Blanco, connect
inst
ed by cable or by wireless telegraphy. with the Colony? The rock is about ff. ty miles out from Waglan and we be lieve the light would be appreciated by The Tado-China zloster Choy Sang which arrived from Bhanghai, this morning navigators and that an observing brought down a batch of China ponies for atation there would be a great gain to the forthcoming races," our system of local typhoon warnings. But when all this is done we liare still
another pressing problem to face in connection with our harbour, and this on Fri
A series of lectures to Indies on First Aid vol giren by M. Koch, in SL Paute Colleg
first leat
is the question of depth Mr Jattentionce fei af 82 vill Boulton in an able report made to the purioso of delaying
iguraauce suitable to .
NETHERSOLE HOSPITAL
did hub follow that appellante world suc peun on the counter aliin. The curcelling
of the charter party in Beptember, 1969
From Correspmdent.)
MACAO, Dec 10, Loo-kau, the richest man in these parts,
lied here yesterday morning at 3 o'clock.
A BELAT D TYPHOON.
The Superintendent of the 3lica Meio- r. Lib. Consubito – Gonetillos and Aliated Hospitals begs to a calligram from the Mania as follows: December 16,
was the not of the United States Govern acknowledge with gmtoful thanks the sum 100 sons, not the act of the respondents, and of 34000 (four thousand dollars) from the West Typhoon South Kep the extra charter money was lost through Chinese Proccasion Fund, per Messrs the act of t the U. 3. Government.
*For tho not respondenta could not he held liable, Ho To Shang and Chau Sui Ki.
Whist happened was this ship.
V wrecked our Manih and reinmined in dock Fridays
for a couple of months. Than she had for start afrial on an entirely now and mud! vou pendent voyage,~
for blinge
With respect to the implied contract. have the ship, ready will all
referred to
ORASE YOUR WORRY
Bolier
lines, The 0.89.R. Rev M. A Mac Donnell, Foundata lavora pablie lecture on Union
your obild in threatened with croup Res Bish give in Chamberlain's Cough Remedy of thei und all dangor will be avoided. It contulos | this notbios in any way injuriode and in pleasant, to the To take: Sold by by all chonzists and store- kespers
at the Catholi presitedoy of the Rt.
the Ronding Loom
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