1908-11-18 — Page 5

WEDNESDAY, NOVEMBER 18, 1908.

THE PORTE ADOPTING

PRECAUTIONS.

AUSTRIA AND SERVIA MOVING TROOPS.

(Realustee Service, supplied by Reuter, via Bambay.)

Lowper, November 17. In view of the movements of troops by Servis and Montenegro, the Porte decided on the adoption of wilitary raeasures in districts bordering those frontiers. Austria is also moving her

troops.

EXTRATERRITORALITY.

Important Judgment by Sir

Francis Piggott.

LANDLORD AND TENANT.

This morning His Lordship the Chief Justice (Bir Francie Piggott) and the Paiene Judgo (Mr Göwportz) sitting in Appellate Jurisdiction, delivered in the Supreme Court judgment in the appen! brought it the instance of the Eumphreys Estate and Finance Company against the decision of the Puiene Judge in the action brought by Mr P. W. Goldring for the recovery from appellants of $500 as daniayes for brcanlı of a tenancy agreement, Sir Henry Berkeley, K.O., instructed by My P. M. Hodgson, of Mars Ewene and Harston, appeared for the appellants and by Mr E. J. Grist. Mr Goldring appeared in poraon assistod

for

Mr Goldring formally moved judggient.

Sir Henry Berkeley referring to the question of custs remarked that the respondent appeared person and had the assistance of Mr Grist. He submitted that costs should be given. Costs did not include the attendancs of a solicitor.

The Chief Justice-I think the Registrar must deal with that,

Bir Henry Berkeley-Mr Goldring can not appear here instructed by a solicitor.

Mr Goldring-My lord, the cases are quite clear on the point. I think it is a matter for the Registrar.

The Chief Justice-Jub so.

HONGKONG GENERAL CHAM-

BER OF COMMERCE.

THE CHINA MAIL.

Wa-pa and giren thom■ memorandum regarding the Opium Monopoly at Canton. The Wal Wu-pu promised to tolegraph instructions to the Viceroy on the subject

The Committee learned with much satis- faction that the question had been success fully dealt with by Mr For, H.B. M.'s Acting-Consul Genaral at Canton, and the committee greatly appreciated the prompt action lakan by His Excellency in averting what would have been a great injury to British Trade interesta,

REGISTRATION OF TRADE MARKO AND DESIGEN.

The Hon. Colonial Recratary winte that. His Excellency the Governor hay under conektoration the question of smoading the law of this Colony, relating to the Registration of Trade Marke and that in this connection s letter his baen received from the Chins Association requesting that assumnes may be giren that the protoc A monthly meeting of the General Com-tion, afforded to Britisk Trade Marks wittee of the Hongkong General Chamber | under the proposed Convention between of Commerce was held in the Chamber Great Britisia and Japan for metual pro- Room, St. George's Building, on Thursday, tection of thefr Trade Marks in Chins and Korea will extend to marks registered in the 12th November, Hon. Mr E. A. Hewett. Hongkong.

After careful examination of this sub- Chairman, presided and there were pre- seat Messrs A. Babington, J. W. C. Bon-ject, His Excellency concludes that it is nar, G. Friesland, D. R. Law, E. Shellim, clearly not possible for the British Govern- J. R. M. Sarith H. E..Tomkins and and Korea to marks registered in Hong- went to extend protection' in Japse, Chins E, A. M. Williams, secretary.

kong or in other Colonies, neless the The chairman proposed that Mr D. D. Imperial Government italf controla soch Law bo slected Vice-Chairman. Upon Mr registration, euntess the marks ar registered in the United Kingdown. Other- Law regretting his inability to act he pro-wise a mark might be registered in Hong posed Me J. R. M. Smith. The chairman kong either by a British ar Non-British succaded the proposition which was carried Firm, which was the exact, fae-simile of a mark registered in the United Kingdom: unanimously.

and in that case the Imperial Goremment would be pledged to extend protection to two identical marks against each other. This dificulty could, however, be overcome by requiring that ss, in the case of letters patent, travle-marks should not be ragistar- ed in this to ony until they have been registered in the United Kingdom.

The Committee very much regretted the untimely death of Mr R. Brodersen. The filing of the vacancy was left over to La considered at a future date.

The Chief Justice said:-In this cara the plaintiff was tenant for one year of a fat on the second floor of a house in Robinson Road, Kortcon, and he sued the laudlord for damages to his property caused by water coming into the flat. take the following facts from the judgraent of the learned Puisas Judge: some of them are challenged by the notice of motion in so far as they are inferencos but we are of opinion that these inferences are sound *On 28th July the colony was visited by nyore typhoon, causing a considerable At the Supreme Court, to-day, the Chief damage to buildings. After this storm the Justice, Sir Francis Piggott, in gizing a plaintiff Anticed dampness in the wailing of lengthy judgment mentioned the subject is verandal but this passed off and there was no leakage. The plaintiff apparent- of extraterritorality. His Lordship sadly thought no more about it and did not A certain sugar'firm, the Cheong Loung, inform the defendant company of what he conjiosod of two partners Woo Yiu Nam had seen. On the 20th August it rained and Leung Tai Pac, werd in business in beasily, all day and next morning plaintif found water pouring in through his roof Hongkong and bad dealings with Mestre and verandah wall, causing consideradio Router Brickelmann the defendant's damage his personal effects. He now branch-house in the Coking." At the time claims 870) as lips aufered by him in con- "COLOUR" OF "TİME BALL AT KOWLOON, immediately proceding the occurrences sequence of the breach by defendant A further letter from the Government company of their agreement to keep the

On the other hand it has been represent which led to this anir, she Chong Leong premises in proper repair. No structural was read stating that as the dimensions of had contracted to purchase sugar to the defect is alleged and it appears that the the Time-ball Apparatus cannot be varied of to His Excellency that the majority of extent of about $50,000, in three contracts. damage was caused by water which had in any particular, effect can only be given the expense and delay which would be British Merchants in Hongkong depraesta Delivery bad been taken of a certain Rennaisted in large quantity the roof to the proposal of Messrs Butterfeld and involved by prior registration in the United amount of the sugar, and 85,000 had been led. They were found to bachoked with His Excellency the Governor was not pre-used in the United Kingdons, registration owing to the gutter pipes becoming block-Site by raising the height of the tower.Kingdom; that, as their marks are not paid on cout, but sideble rubbish and grass, leaves of trees, and quantity, 4,000 bags, tad not been taken,black zutter," and also with plaster frota pared to make any such structural alteration and consequently remained in the godown, the wall. The pipes. were apparently in the tower at the present time and even On the constrection of the contracts, I cleared without difficulty by the plain if the niteration wore made, it would not tiff's coolie who was sent up on the roof. have no doubt that the property in this the accumcisted water thereapon us. Provide entirely against such contingencing this matter the interests of the focal sugar had not passed to the Cheong Looug, |caped, The agreement contained the as a junk sailing across the line of sight of but remained with Reuter Brockolmann following clause: 3. **The landlords shall a distant vessel at the crítical memorit. and Co.; that their right was to sell keep tie roof and all the vaterior walls of

DEVENED CONDREN OF CHAMBERS OF the said premises in a proper teuantable the sugar speedily and obtain the state of repair and amendment at their CONMRECE OF THE EMPIRE 1909.) beat price they could, and to prove own costs." The plaintiff sued for breaçlı in the bankruptcy of the firm for of this agreement and recovered 1500 the difference whereon they would have damages. The defendant, is now appealing from the judgment of the learned Pulens received the small dividend of 3.40 per Judice. The appellants rely on the funde. their rote in favour of accepting the protection in China, Korea and Japan as gent. I have no doubt further, all the mental principle of law laid down by the invitation to hold the aext Congress of parties to the trotsaction being w thin the majority of the Court of Exchequer in Chambers of Commerce of the Empire jurisdiction of this Court, sad the trans- Makin . Watkinson and sines adopted by in Australia, the Congress Organising action itself having been concluded in all courts that us a covenant such as the Committee in Londen recently confirmed the loses commot be used for non-repair, Hongkong, that Meses Reuter Brockel- from damages resulting from non- this choice, and notified the Associated mann and Co., were subject to the jurisdic-repair, unless he has received notice of Chambers of Commerce of Australia' ac- tion of this Court in the matter of this wept of repair. It is to be noted at 'one cordingly. The draft of the general pro bankruptcy. This aspect of the case was that there is a difference in the facts of the cred and that for here the letting was of

gramme of overts has now been received not very much referred to in argument, flat and tot of a whole building, and it by the London Clamber from the Hou but it is suficiently material for me to deal with it. AL porsous in the Colony," British subjects or aliens, who are creditors of a bankrupt who is before the Court in bankruptcy, are subject to the jurisdiction of the Court. There is no doubt that when assets belonging to the bankrupt aru discovered in another country sad a creditor endeavours

to obtain them for his own beast, the

Court has some jurisdiction to control hia action, and this, if he is within the jursdic

tion, whether he has proved in the bank

As a

A letter from the London Chamber of Commeres was read which stated that the majority of Chasabers having given

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Nomo Me Impune Lacessit." ST. ANDREW'S DAY.-

SCOTCH DINNER

On

Monday, the 30th Nov., 1903.

there is of no use to them; and that all longkang is the local protection of their they desire to obtain by registration in trade-marks,

As His Excellency realizes that in decid-

British Merchants are ontitled to his chiof consideration. I is to request a definite. expression of opinion from pour Committes as to whether British Merchants in this Colony desire by registering their mark. in this Colony desire by registering their marks in Hongkong merely to secure local protection or whether they desire to secure The 105th M. L. I. Band will play Spesial well, and I aim to add that, in the latterSelections of Mosie doring and after

Dinner. registration in the United Kingdom will be Case His Excellency is of opinion that prior

O. E OWEN, Proprietor, indispensable as a condition precedent to registration in Hongkong

Hongkong, August 25, 1908,

The Chamber wrote: If the view of the inalter in the last paragraph be accepted the alternatives with regard to which an opicion is invited will bave inevitably to be faced, but there is another view is that registration does not confer a right. Rights are conferred by usage. Registration is

was argued that this is sufficiont le ke William Knux, Clairman of the Organis-only one of a number of safeguards to anch the presont case out of the principle. We ing Committee in Australia, as follows rights. If the latter view is correct there ranst thorofare see what to the casos.It is proposed that-(n) The Congress appears to bo no good reason why the on which this principle is based. matter of fact it works out nat sa a principle will be held in Sylusy about 14th Septemarks registered in Hongkong, but not in British Government should not protect of law but as a very simple little bit of com. her, 1909. (b) The Federal Reception and the United Kingdom, in so far 1 te noceph. mon sense. Parons Bramwe laud Channel Sub-Conference be held in Molbourne that registration as evidence of the claim of admitted that the dictum of Chief Justice about 28th September. It is assumed prior usage. Thus in the event of the claims

in precisely the same sensi

obiter, but they gave judgment that Delegates will enter the Common.of a mark registered by a British subject only in the Brited Kingdon confifleting with "The lessor wealth at(a) Brisbane in the East the claims of a mark tugistered by a British may charge the lessee without notice; via Vancouver, from Great Britain and subject only in Hongkong, it would be for the loseer is not on the spot to Canada. (b) Freemantle in the West possible for the Imperial Government to en the repairs wanting; the lessee is,

Mansfield and Justice Gibbs in Moore v. Clark

done and the cast of resontblanoss was

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and therefore the less cannot charge via Suez and Colombo, from Great Brit-protect in China the one which could provo LATEST ARRIVALS INCLUDE, the lessor for branch of repairs without ain, India and the Far East. (c) Direct right conferred by rior usage. The effect The Harp of Life, by Alan St, Aubyn. ruptcy or not. It is not necessary to define notice, for the lessor may not know from South Africa and New Zealand. In the marks of British subjects in Chins, The Lackey and the Lady, by Tom Gallen.

would be to protect by local registration. with precision to what extent that juis-that ropcirs are necessary."

come discussion as to whether the necessary.

nece consequence, therefore, of the Delegates Korea and Japan, as well as locally, which The Leaven of Love, by Clars Louise

Burnham. diclion goes, it is suficient to note

погал to give effed to this ides could be arriving from the East and West and the sees to sweet the main difliculty Under Mad Barbara, by Warwick Deeping. that it exists; also that the discovery corporated into the covenant; but it was possibility of their being unable to retrace the impression, that this view of the zights The Great Miss Driver, by Athony-Hope,

of prior usage is supported by the spirit of of a parlour in another country whose held that on the assumption that the con- their steps over our extensive territory, it the English law upon the subject, and The Prime Minister, by Orme Agnus. property could be brought into the tracting parties wore resouable mon, and is assumed that there may only be a full baving regard to the extreme local iacon. Betty Brent Typier, by Rita. bankrupt estate for the bonafit of the intended what was reasonable, it might be gathering of Delegates at Sydney, Mel-venience at compulsory registration in the Armont, The Englishman, by Frasuis creditors coure within the meaning of

this that the lessor may not know that bourne and Adelaide. Thorore, Dele- United Kingdom, my Committee would Spanish Gold, by Gao. A. Birmingham.

recommend that it should not be mada a assets as above referred to; farther that if repairs are necessary. I ecufass that gates entering from the Fast and West will conditions precedent to registration in The Heart of a Butterfly, by len Renter Brockohnann snd Co.'s application I prefer the words of the old dictunt to be shown the resources of Queensland and Hongkong in the new ordinancn which His to the German Consal for assistance in those given by Baron Bramwell that the West Australia and be entertained there Excellency proposes to enact.

lessor has no

of ascertaining Menzis rorovering such susets at Canton camewithin the condition of the preasses; beers on their inward or homeward pontes, apec \ the terms of the jurisdiction clanse of the his assumes that. "if the lessor datas being fired for that purpose. Tho Treaties of Tintain, so also would an caraca to repair when no repair is needed visit to Tsemanis is proposed to be made

respasser" and bat *pplication by the Trustee in bankruptcy to be will be a the British Consul for similar assistance be if he came for the purpose of looking from Melbourne, An invitation has since into the stato cf the premises, the been received for a visit to the principal; lessee could prevent him because that cition of New Zealand. The Committee would not be a lawful cause of entry. I have not been able to decide whether such should have thought that a reasonable en-

a visit as possiblo try for the purpose of fulfilling a covenant

within these clauses. And for myself I have no doubt whatever that what Messrs Reuter Brockelmann and Co., did in this instanco was an attempt to pass over the trustee in the Cheong Loong bank raptey. They did not prove in that bankruptor, but endeavoured to obtain

CORRESPONDENCE.

AFFAIRS AT MAÇAO.

Fitzgerald.

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(To the Editor of the “Cuma Mail.") SER,-With regard to the telegram from London inserted in your paper fast: night with relorened to the de patch of Portuguesa cruisers and gunboats, allow Karahan. in the leaso would have been justitied from The Chairman expressed tho wish that me to inform you that of Die four vesels the necessity of fulfilling the covecant the Chomber should be reprosented at the, reported to be under orders to proceed to It might have to be by request, hat if the 7th Congress of the Chambers of Commerce Macso, the Kio Lime has been there for lessen dorlined he certainly could not of the Enapite, the Representatiro to be the last six years or so and will goen be a payment of the whole sum duo to them recover. But although these criticists of one of the Mombers of the Committee, il some part of tho rensoring on which Makin by application to the German Consul; and Watkinson is based are necessary, it is possible. The matter was left over for I bave no doubt that, at least during tho quite clear that the idea involved in the further consideration. pendency of the bankrupter proceedinga decision is that where the Innor has parted APTED OPIUM MONOPOLY AT CANTON, 80; and there is no such a vessel in the † was Light, before this Court, this was in violation of with the control of the premises be cannot be presumed to keep to watchful an eye

A letter from Mesars David Sassoon and tho brankru, toy laws of this Colony, under over them as the lessee, and therefore Co., was read in which they protested the protection of which they carry on their the duty of surveillance is thrown upon against the proposed action of the Pro- business in this Colony. Action of this the lesser in so far this covenant vincial Authorities of the Two Kwangs, sort is most prejudicial to the other traders, is concerned, and he must give the lessor which they submitted if carried into effect notice when occasion arises for repairing of all nationalities as well as British, in under the covenant, The Court of Appeal would seriously restrict and bamper the Hongkong, and must therefore be also in Huggal v. McLean definitely established sale of Row Opism in the Kwang-tung highly prejudicial to the great interna-the rule and sovered it from the reason. Province. tional trade of the Colony. It is one The drains in a hause were in a defective

of those "Isso unde" which result from condition: the teasut had not the menus of

The Sin of Gabriella, by Mra Coulson

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A cable was also sent to Sir John Jordan,stemoon at 3.15 p. by the Ri. BeKeepers of the Basse, by Como Hamilton. knowing their condition, but the landlord.C.M.G, as follows:-Chamber Com Bishop Pozzoni from His Eminence Car the consular jurisdiction treaties with had; yet this was held not saticient to marce strongly protest action Kwang Lung dinal Merry del Val, Secretary of Ponti China, and which it would be for the relieve the tenant from this implied condi- Authorities introducing obstructive regal fical State, Vatican, Rome, in reply to the benefit of all concomed in the commercial tion of giving notice If therefore the tions and attempting oplum monopoly.telegram despatched to His Holiness the wolfaro

ciroumstances are identical, we must cut this Colony, to get rid of by fack at the reason but only at the rule; but Regulations to come into force to-morro Pope, by the Hongkong Roman Catholica putting the whole matter on a more satis if they are not identical then we can only Action calculated very seriously affect factory and equitable basis. I am hoand apply the rule if the reason is applicable to British trade and contrary Tranty Rights.

Pozzoni Hongkong. Two other casts Chamber's opinion is no regulations should to allude to this wattor, because I think it is the now circumstances.

**The Holy Father thanks, siiably sends . Robbins and Tredway. v cited. Froggi of the utmost importance that the inaunter Malin do not carry the law any further. be permitted which will restrict free sale of the requested Blessing able foreign firms who trade in this Colour The material inquiry in this case is there.nplum imported in accordance with agres-

Cardinal Merry dol Fal should realisa ̈il, That large measures fore, what is included in the lease of a int? ment between British Chinese Governmenta of freedom of trade and access to our Courts Does it include the roof? I cannot accops providing gradual reduction. which has been nooonded to merchant the reasoning of Justice Byron in Carlisle that His Execllenby the Governor had put up is waters, is immediately r The letter from the Government stated TERNS HELDAORE CURE is elegantly strangers repairing into the realm of Eng Cafe Co. v Muse where he arrived land, not to be described as the "open at the conclusion that the lease of received a telegram from His Majesty's lead in the stomach, and is quickly. Moor, for since Magne Charts and the rinsing. A floor is a case of a reparata Miristor at Puking who stated that be had

year of Riobard II, there has never dwelling and includes the outer wall monde verbal representations to the Was Tour to predice eff stag

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