1909-05-21 — Page 5

China Mail 德臣西報 中國郵報 All

FRIDAY, MAY 21, 1909.

THE CHINA MAIL.

PROPOSED COMPULSORY THE RECOVERY OF A BANK Colony confined to inland bills. There was THE SALE OF DISEASED FOOD.

SERVICE

(Bruid's Service is the China Mai

Copyright "protected vinder. Ordinance of 1324)

LONDON May 21. Lord Newton, on behalf of Lord Roberts, introduced in the House of Lords the Nitional Service Bill, which makes service in the Territorial Force between the ages of 18 and 20 years. obligatory.

The Bill was read a first time.

PROPOSED ANGLO- GERMAN BANK FOR

CHINA...

» (Wah I'm. Yet Po's Service.)"

Pax, May 20.

It is proposed to establish an Apglo German Bank which shall supply China with whatever money, she may require in the way of loans.

THE CHINESE "NAVY.

(Fah Te Fal Pa's Eervice.)

FEXING, May 20: Prince Su, de Minister for the Navy, directa all Viceroya and Governors to submit the names of all men in their respective provinces whe bave gone through a course of naval study or training, as they ay be useful in the reorganisation of the Navy,

DRAFT.

Mr Justice Goimporte gavo judgment, as the Supreme Court to-day, in the casu in which Man Leo Chat and Ca, and the International Banking Corporation for 9540 in respect to a bank draft,

in

Hon. Sir Henry Berkeley, K.C., structed by Mr tto Kang Sing, appeared for the plaintifa, and the Hon. Mr B. Pollock, K.C.; instructed by Mr C. D. Wilkinson, defended.

been

to be

Tho

no doubt that the payment was made in The the ordinary course of business.

Hongkong Law Amended. endorsement was he apposed, either forged or made without authority. Did it

During the committed stage, at thạ¦ purport to be that of the payou! Alter reviewing the evidenos, his Lordship said meeting of the Legislative Council on the draft was payable to Man Lee Chan Thursday, of the Bill entitled' an Ordinance sud Co., in English, and had the endorse mant basu in English in the terms of the to amend the Public Health and Buildings instrument there would clearly hare boon

| General (Sir. Henry Berkeley) said :-It difficulty. The back would not have Ordinances 181-1908, the Acting Attorney

* custom liable. It appeared to. well known in the Colony for the signature has been suggested that section, 83 of the of a Chinese firm, whether on a receipt or Public Health and Building Ordinanen, otherwise to be made by the impression which deals with selling and bringing into of a stamp or chop, usually in Chinese the market food which is unfit for human charactors. It was to say to fit torma of

consumption, should be amended. English law to Eastern commercial practice, but he must not forget that the bill was section ronde: No person shall soll or prosented for payment if not by, at any expose for sale or bring into the colony or rate under, the auspices of a partner in the plaintiff, arm. It appeared clearly from into the market any food ato. It is silent the evidence of their manager that the as to the person who has in the colong, but draft was stolen by D Yak Wo, the not in the market, food ant for laman

That man must absconding partner. have been fanillint with the business. It has been suggested that it would be wise to add the words "oi in his of the dra, and the shops in use, and there was no reason why he or his co-posmussion" to that chapo. It is somą. federate or transferee, whose object was what wide, but I think we may trust to merely to get the money, should have put the discretion of those who have to enforce on the instrument a suspicious chop which the law that they will only procbed where it was just a nagy to employ one on which they believe there is an intaction to did not purport to be that of the, firm the bank would be expected to make pay offer it for sale. A cap has actually arisen ment without difficulty. He therefore AAV judgment for defendants, with costs. whore a man was found in the streets with His Lordship granted leave for formal meat in a putrid state, and there "wa judgment to be drawn up, and for Counsel to bu certified for on the application of the very reason to believe he was going to sall it. The object of the provision in to Hon. Mr H. E. Pollock .C.

protect persons from having tainted food given to them, and there seems sufficient

Hon. Mr Pollock - What class of mag was the man?

His Lordship mid that he would deliver a writton judgment, not that the amount in dispute was very largo, but that it would be more convenient in caso aither side were diswatisßod. Danling with the facts of the case his Lordship continued that the plaintiffs, who wore merchants in the Dalony, trading under the style of Man Los Chan and Co., received Up post some time in December 100%; the first of exchange of a draft for $840.. payable on domsad to their order. The death which was in the ordinary form, boaring the date of November 14, 1908, was drawn in Vancous, ver by the Bank of Hamilton of that City, on the longkong branch of defondants, the International Banking Corporation. Un December 2) 1908 the draft was stolen, together with money and other articles from the plaintiffs' premises. The plaintif suspected partner in their firm, one U. THE FORTUNE TELLER AND Justification for such a clause.. Fik Wo, who abaconded on the dath of the theft; and they made a report to the police. On or about December 24 and again on December 29 and possibly on cas day enbsequently to that date, plaintiffs tenced Fing Chun, the fortune-tellar, to manager went to the premises of the bankais months' imprisonment for stealing the and saw Mr Clark, thọ cashier, with whom juwels of one of his clients, s Chinese he had some conversation on the subject woman, which the valued at 33,045.-

of the draft. He told Mr Clark that a draft for 8840 in faținür of Man Loa Chan'

THE MACAO BOUNDARY. and Co., had been lost or stolen, and he ask-

ed that the lank should stop payment. Ou Janonry 5, Mr Otto Kong Sing wrote on

KO VI-HIN, DOES NOT RESIGN.the plaintiff behalf a letter to the do-

(Wah T Tat Po's Service

PERING, May 20.

fondants stating that a draft for 8840, in plaintiffs' favour had boun stolen from their premises and giving the defondante format Ko Yi-hin," in a memorial to the notice not to pay until notice of present- Throne, which has been presented ation had been given to the plaintifa through the Grand Council, points out The bank replied the same day acknowledg

ing the letter, and stating that without that the discussion of the question of further particulars the draft could not be the Macao boundary, delimitation will traced, and that payment could not be take up some considerable time, and he stopped without advice from the persen to whom the draft was issued coming through therefore asks to be relieved of his the issuing baik. Nothing further came position on the Foreign Affairs Com-from the plaintiffs and on January 8 tha mission of the Province of Yunnan. «

+

HONGKONG POSTAL UNCER. TAINTIES.

While a Bill to amend the Public Health Ordinance was under discussion at Thurs day's meeting of the Legislative Connell a point arose sa to the manner of serving notices.

PFILS

THE JEWELS.

Mr F. A.. Hazeland this afternoon son-

A LIQUDATED CLUB.

Visitor or Member?

Before Mr Justics Gompertz, at the Supreme Court, this afternoon, E. A Greenwood was summoned by E. A Williams, liquidator of St. Georga'a Club, to recover 38, being the amount due ander Article 5 of the Merbrandum of Association

wherein it was stipulated that members undertook to pay $25 towards the saests in the ereat of the club being wound up.

Mr Barlow appeared for plaintiff and Mr Render Harris dolended,

Mr Barlow suid the club went into liquida tion on December 23, and he would prove that at that time defendant was a member.

His Lordships that denied? Mr. Harris Yes.

"

His Lordship-Have you found it? - Withrows:-No.

Continuing witness said several of the

The Attorney General-A full groña man (aughter).

"!

"

Hen Me Pollock-Was he a hawker! The Attorney General-I don't know. The Hon. Dr No Kai-It is extremely

| dangerous to give in much power. À man might have ment which he intended”), to throw away.

T

The Colonial Secretary-When you arrest a hawker with such meat he says...“ I was just going › throw it into the harbour."

Hon. De Ho Kal- I think it better to

give the discretionary power to the magis Erato. Let him decido whether the maz or sot. intended to sell it

His Excellency-It-is-difficult-to-prove- intent to sell sad we want to get some words which will make it easier to desi with the man with disossed meat in his presession which he intends to sail.

After discussion, a clause was insorted: to the effect that the onus of proof of innocence be upon the man with the mont found in his possession,

..

SPORTING.

Civil Service. C.C. Sports...

This Club will hold its annual Sports meeting at Happy Valley on Whit Monday and we expect that i capital programme will be arranged. Mr W. H. Woolley is honorary secretary.

Billiards.

ROBINSON THE BANK LINE, LIMITED.

PIANO

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BARGAIN

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Taking Cargo on sbrough Bille of Lading to all

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For further information, apply on

QUEEN'S BUILDINGS... ",

Dodwell & Co., Limited,

GENERAL AGENTS:

TEHUANTEPEC ROUTE

MEXICAN ORIENTAL STEAMSHIP LINE, LIMITED, Taking argo under through Bills of Lading to paints in Maxion, also to North, and"

South American Forts, and Cabs.

The S.S. MONTROSE, 4457 tons, Capt. GLEGG, will be des patched from HONGKONG to SALINA, CRUZ, (via Japan), on or about 5th June.

For Freight and Fassage, apply to

DODWELL & Co., LTD., Managing Agents.

REGULAR STEAMSHIP SERVICE TO NEW YORK VIA, PORTS AND SUEZ CANAL

WITH LIBERTY TO CALL AT MALABAR COAST FOR BOSTON AND NEW YORK: 8.3. PATHAN

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NOTICE THE UNITED ASBESTOS ORIENTAL AGENCY, LD.

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SHAREHOLDERS.

SOL AGENTE JOE

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(Pioneers of the Asbestos`trada).

| ALEXANDER, FERGUSSON & CO., LD., GLASGOW,

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BROMELL PATENTS. CO., LD, LIVERPOOL,

THE UNITED FLEXIBLE METALLIC TUBING CO., LD. THE 'FUREKA' ANTIFOULING COMPOSITIONS "CO., :LD. BRITISH BOILER CLEANING & ENAMELLING CO., ID, HE TENTH ORDINARY CAURICEDALE' ‘ANTIPRICTION PLASTIC METAL.

'RUBEROID' ROOFINGS,

TH

| ANNUAL MEETING of Share-ASPINAL'S SANALENE GLOSS,

3

G

DODWELL & CO., LD, General Managers. Queen's. Buildings..

holders will be held at the Company's Office, Watkins' UNDERWOOD TYPEWRITERS. The Underwood Machine is the best in the market and Building, No. 31, Queen's Road has been awarded the grand prize at St. Louis Exposition.

ITS WRITING IS ALWAYS IN SIGHT."

Hoti. Mr Hewatt-The "sorvico of such draft. Very possibly the plaintifs did not forms had been destroyed and on going the following in the result of the draw Central, on SATURDAY, the

notices should be by registered letter. don't wish, to cast any radostion on a very important branch of the Gerarnment service but it is well known that letters posted in the ordinary way do not always reach their destination.

His Excellency-In that part of the smendment we have adopted the words of the English act

"

Hon. Mr Howets-I am talking of re. gistered letters, sir, in view of the fact that we have to deal with Chinese letter Barriers and native servants. It is very important that notices of this kind should

be registered. I held that opinion very strongly because it is not an uncommon experience that letters sent through the post are set délixored.

Bi Excellency-These notices franked.

afe.

As alteration that service bo by register od letter was approved.

·ALEXANDRA CINEMATO.

GRAPH

draft was presented to and paid by the bank, on a Chinese endorsement which read: "Man Lee Chat Sting Ki There was a direct conflict of avifonce as to what passed at the interview between the plaintifik mauager and Mr Clark. Mr E A. Williams, liquidator of the club, His lordship did not believe that any mention

baide of the pincs of gave evidence and stated he had made a issue at the Hama time it appeared search for the proposal form of the de that the plaintifs koew or suspect fendant. od that the place of issue might have

Vancouver for becn

they vent & cable on December 29 to their correspon- dent in that City prosumably to stop the

formation as to place of issue, far ever a conclusion that defendant waa realize the importance the bank of in through the books he had come to first round of which must be completed by

There was his entranse fo through the plaintiffs' solicitor on January member.

giving formalnotice to the defondanta not and monthly subscription and chits which to pay the bill there is no mention of find buen paid from time to time. Defend Vancouver. He could not help thinking at paid si a month subscription. that it would have been easy for the cam- pradore's departament le make a zote of the month was the subscription but seagoing members only paid $1 a month. One of the cinases provided for visitors and the $1 subs- cription was payable whether the member they had made some enquiries and notified as present in the Colony or not. Witness the plaintiffs. His Bordship did not attach any degree of blame to : Clark, who, read a letter from defendant enclosing pay

a much later datâ, that is, in the latter sant'

Amount of the draft and the payea's name It would then have been possible for them

payment temporarily

to have

withhold

vatil

A

the 29th Blay."

F

First Round.

he was satisfied, could not with the in- ment for his chits and basing his non-mem formation st his disposal trace the bill.bership on the fact that he had no voice in He had no difficulty wintever in coming its affairs.

to the conclusion that the draft was paid

Mr Backhouse, scratch..... Mr James, scratch..........

Mr Carter....

Mr. Hayne...mojo

Mr T. Haigh..

Mr Turnbull......

Mr Neubronner..

Mr Raven.......

Mr Anderson, scratch..

Capt. Bakor

Mr Whitelaw

Mr Fowler

Mr Barlow

→ [1 ++ |

29th May, 1909, at Noon, for the purpose of receiving the

Report of the General Managers

470

.90

50

41

with a Statement of Accounts

-40

to 31st December, 1908,"

-120

+40

80

-100

The TRANSFER BOOKS of

A proposal form signed by A second

Mr Bolden..

70

Mr Phillips..

Byca.

-100

+ 30

-200

+ 25*

both days inclusive.

+35

+35

-120

in absolate good faith, and that it was not defendant was then put in. presont to the mind of anyone concerned letter referred to the fact that if witness' in the payment, that they had received previous notice of any irregularity. The correspondence did not cease he would Bank ware of course quite justified in put the matter in the hands of the police requiring notice to atop to come from and he was quite equal to his little game of the drawer of the bill. No indemnity bluff.

had

been offered them, and they would

Cross-examined by Mr Reader Harris

havo. acted at their On zink had thoy refused to honour the draft on a witness said that seagoing members were mers nolico from the plaintiffs. It was looked upon as full members. Witness had clear also that if a proper cable had been never known defendant to attended a sent to Vancouver on December 28th there meeting of the club. was ample time under ordinary circum- stances, and with reasonable diligence, on

Do you know who kept those backs?—I

The Alexandra Cacintograph are giv ing two exhibitions on Empire Day, more than one handred people having had to he turned away last Saturday, Miss Ruby Ray will render new songs, and Miss Thorne will be responsible for two new by cable before January 6th. As to the Deacon.

patriotic songs, ono adapted to the well know Marer of the Mon of Harlech," and the other "Son of the Empire" written and composed by Tempest-Touti, for that artiste. A select orchestra will accomp pay the pieces under Mr Coke.. To morrow, Scottisk, agnes, and The Old Folks at Home" are to be sang, at the request of a number of patrons. All the Cinematographic Bima exhibited aro now to Hougkong.

!!

Women and Children Horribly.

Mutilated,

the part of the plaintiffs' correspondent, for think they were kept by Mr A. H. Todd,

Mr Elupa.....

Mr F. D. Haigh.

Mr le Bréton... Mr Hay....... Mr Graha Mr. Wilka... Mr Nelson... Mr Bishop.

Lawn Tennis.

To-morrow (Saturday) the annual tennis match between the Kowloon and Hongkong

the issuing bank to have stopped payment late of Messrs Deacon, Looker and Cricket Clube will take place on the Fox-

aa for

law of the caso: the action was brought to recover from the bank the value of the draft,

Mr Harris said defondant denied ever loon Courts. The Kowloon Club members eithaf ar money received to the use of the becoming a member. Prossed to Become a will be "At home" to their friends,

The following players will represent the pislatifs, or convocion. The de- member defendant paid his $1 a month,

endants not being acceptors of the draft Such people were allowed to use the club. Hongkong Cricket Club:-C.II. Carr and could not prima facie "be liable on the instrument, and it was impossible to agree in the same way as they wore at the Hong. Dr G. E. Hubner, Messrs. Pinckney and in the face of the authorities to the con- kong Club. trary, that the drawing of an instrument

It is speedy and durable.

it has a UNIVERSAL KEYBOARD

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For further particulars and price, apply to...

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G. A. WATKINS, CHAN A FOOK,

General Managers. Hongkong, May 14, 1909.

STRENGTH OF THE

· ERITISH ARMY.

The War Office has issued s'retoru, iz

response to a request by Lord Kilmarnock showing the strength and estimated cost of the forces in the United Kingdom at the beginning of this year, compared with 1906. The Regular army numbered 188,915 officers and madh on January 1st of this Football Club formed at

year, compared with 189,319 in 1900, and Kowloon,

the estimated cost was £13,132,000 in ccm- There was a fair attendance at the Kow-parison with £14,721,000. The strength

C. Pemberton, HR. Phelips and M. R. Defondant was milled and stated he was Harris, R. O. Hutchison nad T. H. King. in this form could operate as an assignment chief stewart on the ss. Empress of in favour of the payou. He could India. Some friends of his sakod him to of money not see how a payment which was clearly become a member and he refused being ruferrable to

He agreed contract, expressed or away so long during the year- implied, with the Bank of Eamilton, to pay a nominal sum for the use of the could be relied on as establishing conclub but did not siga any form of member tractial relations between the defendanta ship and gave no address to the com-

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THE ASIA MINOR MASSACRES. and the payce. He was quite clear that mittes. He never foceived any notifien.Joon Cricket Club on Thursday evening 1 and cost of the Ronorve of Officers "and the draft was nothing more than a request tion that he had been elected, and when a meeting was called for the purpose the Army Resurve was, 1909, £136,929, could be road into it. I, then, the de-ings, copies of the articles and did not club at Kowloon. to pay a certain sum, and that nothing more did not received any notice of any meet of considering the formation of a football £1,367,000; 1905, £96,830; £996,000. "The Militia in 1905 included 88,200 officers and fendants were not liable in contract, was know what was in them. He had no re- there a right of action against them in tort collection of having paid any entrance fee. Mr Mond having boon elected to the men, and the estimated cost was £1,100,000. Quotations for any description of Machinery or Engineering Plant

on application to for conversion? It was objected for the

Cross-examined by Mr Barlow defondant chair said the idea was to get the views of whilst last New Year's day thern WEIS

DODWELL & Co., Ltd., MACHINERY DEPZ defence that at it appeared from the said he had paid the bill when presentou Kowloonites as to whether there was 67,740 officers and men in the Special Re evidence that the draft was stolen by U Po and probably the entrance fee was included sead for forming a football club. There serve, estimated to cost £1,207,000. The Chi, a partner in the plaintiff firu, and in that. He simply used the club us aware only two civilian teams in Hongkong, Territorial Force of 207,716, with per it being a necessary inference that that visitor.

and it was felt that there was sufficient

KITSON LIGHT

Consular telograme, appearing in late home papers, estimate that 2,000 persone

were maasnered in the city of Adana, and, 3,000 eisswhere, in the vilayet of the same Dade. The vilayot is now in a state of man chehed the bill, and the receipt of a His Lordship gavo judgment for the talent to form a third. The question was manent staff of 2,868, compared with the anarchy. The situation at Marash (to the partner being the receipt of the firm, the defendant.

to secure a ground, as it was easy to found Volunteers in 1905, 275,454, and a per- A Brilliant Safe and Cheap Illuminant by Kerosene Oil. plaintiffs could not recover money which

Mr A. Storrio said the suggestion Ladmanent staf of 2,376. The Volunteers

north-east of Adana) is still promarions, ad heen already paid to one of thecusolves.

+1

·A BARGAIN,

a club.

owing to the renewed attacks on the Without going more deeply into the matter MJ Hale, who did not appear, was also been made some time ago as to the farma cost. 21,371,000, and the Territorials Armeniaus, Adricos from Laranda (to there was no evidenca, and he did not see summoned to recover 3L2 for goods had and tion of a Kowloon cub, as in the League £2,189,000. Last year transferences re- the westward of Adaza) state that the his way to assume that U Po Chi himself delivered and 25 being the calls in the there were so for civilian teams. Support sulted in the Army Reserve increasing by masacre at Adana bogas in the markets over presented the draft or received the previous case, Judgment was given for would be forthcoming financially if a club 5,698; this year the increase is estimated

money for it.

It appeared that the plaintiff as well as in the case of C. D. were to bo started. The Kowloon club on April 14, wheti a Moslem mob, bank, simply paid on the endorsement Small, who was summoned in respect to would not be inaugurated for the sake of to be 608; in 1910, 1911, and 1912. there impelled, by fanaticism and a desire to and they had no means of knowing, and $5.70, for goods had and received and 825 affecting the interests of azisting clubs, will be decrease respectively of 983, 8,310, bat rather that Kowloon abould have and 8,109, and in 1913 and 1914 incrasses loot, killed five Armenians. The other particular person. It was true that most

did not allege, that they paid to any call.

clab of lie on Plenty of people in Armeniana then withdrew to their own of the cases where payees had recovered

Kowloon would be glad to see a footban of 4,182 and 4,067, match who would not care to go to quarter, and resisted the mobe for 48 hours in an action for conversion of a bill fell Hordes of Moslem villagers arrived, and under the statutory provisions that chat W THEN you can save from 26 to 50 per Hongkong. The chief question was thisb

did not. think

cent on any article, you have a of a ground, and there was no reason why RELIEF FROM RHEUMATIC PAINS. were supplied with arms by the authorities, crossed choquos, but he who affected to regard thon an uilitary Section 82 of the Bills of Exchange Act bargain. When you buy a bottle of Cham they should not hope-if a club were

great pain relieving power of reserves. The women and children were introduced any new night in the owner of berlain's Colic,, Cholers and Diarrhoes formed that a suitable place could be

Chamberlain's Pain Belm bonilily mutilated, and the town sembled the instrument or any now liability in the Remedy at the regular price, you will granted to them near the French mon shown in cases of soiation and inflammatory

Similar scence occurred atlasukker. It merely gave bankers dealings probably sare everal times its cost in ment, Tarsus, whero 4,000 persons took ratage with crossed aboques a statutory protection doctor's bills before the summer is over, "On the motion of Mr Chee seconded by rheumatism, both of which areaxtremely in the American College. Order had now against their common law lability. After bordes the foaling of moonrity you Mr Olelland it was agreed that a Kowloo painful, but one application of this liniment been restored at Adams and Tarsus, where quoting numerous authorities He said he will have in knowing that your family is Football Club be formed

a given relief and enables the sufferer to the Val (Governor-General) and the did not think it made any diference prepared for sudden attacks of dysentery committes was appointed to disease bleep, which in many fantanoes he had not Matomellf (Governor), respectively, have that the bill was drawn abroad, for the ardinhoes. For made by all chemists and details and Mr Blackburn was appointed been able to do feriseveral days. For unle

by all casusins and aturakoegaze.. We statutory protection was not in this | stogakompak

ahatables.

been dismisend.

Vincentury pro tem.

clearly

DODWELL & CO., LTD., Sole Agents, OREGON FPINE

LUMBER.

LARGE STOCK OF ALL SIZES ON HAND,

JOHN & ROBERT HARVEY & CO., LIMITED,

ESTABLISHED 17,702 Mar Cadoraigned bars been appointed SOLE AGEN'18 In Hongkong and Boul iChina for, the shove Company's WHISKIES.

Harvey's 'Special $14 Per Casa

Hoegheng, October 1, 1908.

DODWELL & 00., LTD

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