1917-01-30 — Page 4

THE CHINA, MAIL.

NEWS OF THE DAY.

THE CONDITION OF YOUR HAIR DEPENDS ON:

THE CONDITION OF YOUR SCALP.

LOCAL AND GENERAL,

USE

WATSON'S

RESORCIN -

HAIR WASH

The HAIR TONIC that Kills

The DANDRUFF GERM. Cleanses the Scalp & thus

Produces a Luxurious Healthy Growth.

PREPARED ONLY BY

A. S. WATSON & Co., Lê

HONGKONG AND CHINA.

To-day's Advertisements The China Mail.

KONINKLYKE PAKETVAART

MAATSCHAPPY

OF BATAVIA, JAVA.

NOTICE TU QONSIGNEES.

FROM SINGAPORE.

Hongkong, Tresmay, Jan. 30, 1917.

THE FUTURE IN CROWN

COLONIES.

the

THE StanshiAERWYCK - FULL reports are now to hand of the having arrived from the above port speeches made on the occasion when consignees of cargo by her are notified that all goods are being handed at their deputation waited upon risk into the hazardous and or extra bazardous Godowns of the Hongkong and Kowloon Wharf and Godown LG.,

191

will be subject to rent.

Secretary of State for the Colonies to urge the appointment of a Special hence and/or from the Whare Committee or Commission to inquire Ltd., whence delivery may be obtained.

Groon per cleared by 8th February, and report upon what may be done to develop the resources of the Crown Colonies with a view to making the Empire more self-support- ing. Hongkong was not represected in the deputation, but we reproduced a day or two ago the speech delivered

and

All broken, chafed and damaged packages are to be left in the Cedowns where they will be examined by Menda Goddard

Douglas on the 5th, February, 1917 at 10a.m.

Claims against the steamer must be ented in writing within ten days after arrival of steamer, otherwise they

-will not be recognised.

on the occasion by Sir ERNEST BIRCH

No Fire Insurance will be effected by who discussed the subject from the the undersigned in any case whatever.

Bills of Lading will be countersigned by point of

JAVA-CHINA-JAFAN LIJN,

41

Agenta.

Hongkong Jan. 30, 1917,

PUBLIC AUCTION.

1435

view

Lady Mag will distribute the Prizes at the St. Paul's Institution to-morrow

aftarnoon at half-past two

Among the attractions at the forth coming Manila Carnival are the latest improved methods of swing death and destruction."

The annual general meeting of the Hongkong Benevolent Society will be held to-morrow in the City Hall at 12.30 p.m

The R. G. A. Sergeants are holding their fortnightly dance in the Royal Artillery Theatre, Fictoria Barracks, ou Friday, 2nd February, at 8 pm.

1.

Manila papers announce with deep regret the death of Mr. Frank L. Strong of Manila He died in the United States in his 73rd year while on vacation.

JUDGMENT OF THE APPEAL COURT.

or

TUESDAY, JANUARY 30, 1917.

SPORTING.

A BOXING CHALLENGE

communicating any 14 THE CANTON BANK CASE. they can plead that the order to pay assistance

one debt can protect them in their caution whatever in dealing with tha payment of another.

monays of the customer. I the Court But it is further said that they had received the slightest intimation wers ordered to pay the particular calling in question the bonafier of the We have been asked to announce that Judginent was given to-day in the debt. I think that the answer is that transaction it would doubtles have Gunner Windsor, sech Co. ROA, chal- appeal against the jigment given they were to pay this particular debe taken stops to investigate the position lenges Pte. Thomas, 5.3.1, bo à 18 by the Chief Justice in Original as they admitted it to be due to the before making the order absoluta. The Hounds Contest at the forthcoming" Jurisdiction in the case in which a judgment debtor. It was clearly for Bank's apathy amounted to negligence, tournament under the suspices of the the respondents to put the Court and randers it liable to refund to ite right if no such debt was due, and this customer's representative the mosies either on account of the cleverness which due diligence on its part would have averted the wrongful conversion of. I agree as to costa

Chinese widowsued the Bank of

Canton for the recovery of a deposit of $10,000 part out to another persagt

of Chin Kee's fraud or their own aupineness they failed to do. They were in fact defrauded by Chin Kee

The "Pulane Judge. Concurring. suki Fu his opinion the Bank had no

he Appeal Judges were Sir Havil land de Saumarez (Chief Judge and they cannot in my opinion defence to the action and the appeal HBM Court at Shanghai). Sir lease themselves from their obliga-

musa succeed. It was quito clear William Rees Davies, R.C. (Chietion to the appellant, an innocent that the money paid into Coure in Justice of Hongkong). Mr. H. H. J. third party by pleading the fraud of the garnishee proceedings, and ulti- ("Gomportz (Pulsne Judge).

the appellant in an action of which mately paid out to the judgment that third party had no notice. And creditor was the Bank's own money

Counsel engaged were:-For the plaintiff appellant, z. E. H. Sharp, K.C., and Mr. Alabaster (instructed

by Mr. R. C. Faithfull, solicitor); for the defendant-respondent. Mr. Eldon Fotter (instructed by Messta. John son, Stokes & Master, solicitors)."

it may further be said that their con- and not the money of the depositor duct contributed to the success of Is had nothing whatever to do with the fraud, for it seems to me that the depositor or his representatives they so conduct their business as who were not and are not concerned to be unable to coramunicate with a in any way with the garnishes pro client who bas left a largo, sum of ceedings.

The President. in his judgment, money in their hands they are ab said: In August, 1913.one Lau Cheuk least bound to warn the Court of the " The Union Church Ladies' Work-Ting placed two sums of money danger of making such an order as ing Party hare this month sent 115 arounting-to $10,000 ou deposit the garnishes order under discussion. pairs of Socks and 118 Shirts to the with the Bank of Canton, the read they done so I have little doubt)

men of the RG. A who have left Hongkong, making in all 213 pairs of Socks and 213 Shirts sent from Union

Church to the RG,A

H.K.V.R. Order No. 6 is published as follows:-The following members of "A" and "B" Cos. who were absent from parade without leave either on Friday the 26th instant or Sunday the

28th instant will attend Recruita Parade

on the Cricket Ground on Wednesday the 31st January and Thursday the 1st February at 5 pm Dress Drill order. Pies. R. E. Belilios, N. E. Kent, T. F. Claxton, J. Ince and A. Ritchie.

DEATH OF PRINCE CHING.

THE "CLAIM BY A "CYCLIST.

A Peking telegram received as we of the Straits go to press announces the death of Settlements, with the service of Prince Ching. which Colony he was for so long. honourably connected. We have reproduced this speech because the conditions in the Straits Settlements ETC more analogous to those of Horgkong than are the conditions in any other of the forty-five Crown Colonies embraced in the Empire. "The peculiarity of British colonis. &ation," he said, "seems to be that we go into countries, build towns of

THE Undersigned have received in

structions to sell by Public Auction," (FOR ACCOUNT OF THE CONCERNEJ},

on

FRIDAY, the 9th February, 1917, commencing at 2.30 p.m., at their Sales Rooms, No.

Des Vertix Road," Corner of Ice House Street-

Comprising:— 1

THE VERDICT.

In the case in which John Carr claimed $500 as damages against two junk owners for negligence whereby he suffer

that a Court, with the knowledge which this Court has of the conduet

spondents in this appeal. On the 21st September of the same year he was executed in Canton. The appel of litigants of this class would bave lant took out letters of administration moved very warily. They, however. to his estate and in June, 1915 preferred to let the order go practic- called on the respondents to pay overally by consent, and I cannot see how these moneys to her: the bank they can say that they paid under I think the appeal compulsion. refused as they had already paid a sum of money representing the should be allowed and judgment amount due to Lou into Court under entered for the appellant for prin garnishes order obtained by the cipal and interest with costs here judgment creditor in an action en- titled Chin Kee against Law Cheuk. Ting. They claim to be protected by Fees Davies. R

The Chief Justice (Sir William

C), said: this order. In the Court below the I agree that this appeal should be Chief Justice heki that the money allowed. The conclusion at which was paid under compulsion of li arrived in the Court below was that, and gave judgment for the respon inasmuch as the orders in the garnishes dents; hence this appeal.

proceedings specifically attached the deposits in the respondent Bank in the name of their customer, Lau Cheuk Ting, and as there was to suggestion

and below.

THE MAGISTRACY,

Sportsmen's Motor Ambulance Fund. Hongkong Folice Reserve in ald of the An early reply from Private Thonu would be appreciated.

GERMANY'S FIRST PEXOS' CONDITION.

BRITAIN TO ABDICATE NAVAL SUPREMACY,

Germany demands that Great Britain

shall abdicate her position as mistress of the seas. That is the most important of Germany's peace terms and constitutas the kernel of two inordinately long Articles of the Frankfurter Zeitungs inspired by the Chancellery, mys a spec@pondent of the Times at ·

who summarises them

follows:

there is reason to believe

Bra

bo

In the first article the impossibility of Germany abandoning her present mili bary system precedes the demand that the freedom of the sess shall be mi- POSSESSION OF NAPHTHAtablished by England ceasing to

the

of policing them alone in WITHOUT POLICE AUTHORITY. Ed's

d's ses power is not

is not uncondition- ul. Germany recognizes. its existence and. g that the has not yet succeeded in M. C. Lauritsen, manager of the admit g Dragon Motor Garage, No. 25 Des Visuraking it. The for this picted the

Tiava!

power, which really arisicated Road, Central, was charged before Mr Anglo-German war and which has not Melbourne with having in his possession now by sareement if Europe is to have been decided by the war, mast bo settled without authority from the Captain peace.

That 1. 盛 fundamental fact Superintendent of Police, 193 gallons of recognize. There is room for agreement. although a proportionate reduction of naphtha, classified as dangerous goods. paval arrnaments cannot be agreed to

Mr. F. B. L. Bowler, who appeared by Germany

unless is also agreed to solicitor for the defence, said by all the other Powers.

On the other hand, the Continental technical breach of question has been settled strategically that only a the license had been committed and and must be mcognised as settled. The

Continental question, according to the "

was simply the question of asked that if a penalty be imposed it be

Ice in the Near East and of pred merely nominal.

the limits to be set to Russian

ambi tions. Russia has seen that such a limit has been set, and she

recognize the fact. Germany has shown by her mili

acy achievements that it is her bar tion. as it is in her power, to exploit her her own interests and Eastern poker those of her allies

The defendant was fined $50. A similar charge brought against the Edle Motor Garage was defended by Mr. Gardiner. In this case a fine of

100 was imposed.

||

THEFT OF WINDOW GLASS.

a

The general situation as established by the war must be maintained in

peace. The kernel of the war has proved to be

also the Central European Coalition, and must remain, with the general direction of its prosperity south-east.

that

there is the question of colonies.

The circumstances are as follows: Chin Kee having knowledge of this deposit took out a writ against a

Two Chinese charged with stealing person, whore he described as Las that Bank bad any knowledge whatever number of panes of glass from the Chouk Ting, of 137 Queens Road, of the fraud perpetrated on the Court, windows of a dwelling were brought

pational economy demands and obtained judgment by default; the money must be held to have been before Mr. Wood. The first defendant expansion oversca, and this outlet, says sentenced to four months the Frankfurter, will be attained by whether there was any such person paid under compulsion of law and was

and four hours agreement if possible, or, if not. by force. The newspaper suggests that Germany's is not apparent but in any event he the Bank thus relieved of hability. hard labour

the second ·defendant fuccupation of the Delgine vuoat will here was not the deceased man, whose I also said in my judgment. "I am stocks administratrix is the appellant, and not called upon to consider the liability received six months' hard labour and come in very useful as the means of he raay well be called the bogue Lau of a banker to his customer. The four hours' stocks.

position of the debtor and creditor does Chin Kee fraudulently, and probably not arise here. I desire to base my with the connivance of the bogus judgment purely upon one point, id. Lau, swore that the deposit was bie payment by compulsion of law. property and got an interim order of The argument on appeal has convinced

ed damage to his penon and property, attachment, thus preparing his me that this view was an erroneous one

the Puisne Judge (Mr. H. H. Gompertz) ground for the next stap in the and the qustion on the facts of the

And

0

CHARGE OF LAFCENY,

A Chinese charged with the theft of

a brass bowl pleaded not guilty, saying

that

friend had sent him the bowl

driving colonial bargain with England. The journal argues that in general it is useless and innecessary to discuss the question who was directly to blame for causing the outbreak of the war. The face was that for a long time diplomacy had persistently used the threat of war to settle disputes. This great war blaff must be abandoned, partly because na tions will never again tolerate ita employment and partly because as a last problems it has completely failed.

HOUSEHOLD FURNITURE, c. great importance in trade, and yesterday afternoon gave judgment. fraud. He got judgment and then Bank's liability to its customer, which from Canton. After evidence had been argument for solving final and supreme commerce, construct railways and His Lordship accepted the evidence of brought the respondents into the case I did not consider in the Court below heard the defendant was sentenced to Rugs, Sideboards, Dinner Waggon, fortifications and establish great docks constable, that the projecting plank afdevit alleging that the deposite saac. Now, a garnishee order stisched

Takwood Twin Bedsteads, Carpets and roads throughout the country, erect } the naval employe, and also that of the by getting a garnishes order nisi, bis is a most important question in the six weeks hard labour and four hours' Dining Tables and Chaira, Chonterfeld and harbour works, and then the wat, danger. Ha himself had seen were the property of the judgment debts due to the judgment debtor; and

Bofas, Arm-chairs, &c., Wardrobes sad!

lots Porcelains, &c., Pantry, Bath Room and Kitchen Utensils,

$0.

+1

Sa., Alsa

ZO.

A few lots of Turkish Towels, Bath

Towels, Brass Vases, Brass Finger Bowl (Fall Particulars from Catalogne.), Taxxe --Cash

HUGHES & BOUGH,

Auctioneers.

Hongkong, Jan. 30, 1917.

THE DIARY.

MENOS FOR TO-MORROW

be allowed in the Colony. Those

115

ado, and

order which

stooks.

THE MANILA GARNİYALA

JAPAN'S SHIPPING TRIDE,

2.30 p.m.-Prize Distribution by Lady Law, who was Secretary of State solatium for injuries, and 10 for: the fact hold that the bogus, Lau was with moneys, hava obtained the produc./aprecedented success," special launches for still greater resulte

reached

Toilet Tahlen, Doable and Single Brass Government is content to sit down the plank as he thought it ought to be debtor. The fank, no doubt hood. it is beyond doubt (a) that the discharge mounted Bedsteads, Cots, &c., Miscel and see foreigners of every nationality | used, and was of opinion that it would winked by the attachment, paid the given to the garnishee under section laceous Forcitara, Blackwood Ware, come into the country and trade in it be impossible, practically impossible, for

The formal opening of the 1917 ADDRESS BY THE GOVERNOR OF

EYOGO. including Cabine's, Wardrobes,

paid is as against the judgment Philippine Carnival at Manils will take without restriction, with practically plaintiff to have ridden into the plank, money into Court without further 418 of the C. C. P. for the amount Bram Fenders and Fire Brasses, a for no taxation and with little or no if it was so placed, without probably

without making say debtor; and (0) that the judgment place aboard the U.S. S. Brooklyn, flag.

Mr. Seiro, Governor of Hrogo pre- control". It seemed to him that falling into the water. He thought enquiries. Chin Kee, having got the debtor in this case is the defendant ship of the Asiatic fleet, when Admiral

Winterhalter and the officers of the lecture, speaking at a dinner given by some measures should be taken in plaintiff had "had a drink" that night, money, disappeared, as did the bogus in the fictitious action, and not the fleet are hosts at a formal reception in fact, speaking at a

the shipping Bank's customer. This being the case, honour of the chosen Queen of the business, is reported to have delivered.. the future to see that British trade is but he was not disposed to find that Lou.

He thought The respondents rely on the pro- there was clearly no jurisdiction in the Carnival and her court.

The invitation extended to the himself to the following effect fostered in the place and that foreign plaintif was drunk.

"Japan's maritime, trade has made Queen by Admiral Winterhalter has trade remains in the place by however, that plaintiff's own very tection given to a garnishee by Bee. Court to attach monies other than those

to the 18 of the C.P.C., but I apprehend of the judgment debtor, and the been taken advantage of by the direc- great strides during the last few youm, permission. He said that, if it were reprebenaibla reticence possible, he would go so far as to happenings on the night of the accident that in order to do so successfully garnishee order was in fact bad. But tors of the Camival Association to thanks to the encouragement given by advocate that all foreign firms should went against him worse than it would they must shew that the debt they what was the duty of the Bank upon provide a unique opening far the big the Government and the atremunas efforte General Wolff that at two o'clook on business. The total fonnage of Japan's 1458 only trade under a licence renewable otherwise have done. His Lordship paid to Chin Kee, was a debt due to being served with the garniskee order? festa, and it in announced by Director made by those who are angaged in the annually; be certainly thought that it thought what happened was that Carr the judgment debtor in the action It should, I think, have taken step the afternoon of Saturday, February 3, mercantile, marine has now is of the greatest importance that no was ereling along the Prayas he had in which ho got his judgment, and forthwith to communicate with its when the guns of the feet's fagship 3,000.00, and her position in the lat had been sarved the Carnival will be declared officially between Franco and Norway. Those foreign banking corporations should every right to do the plank was that they obviously carbot do. But customer so as to apprise him of the roar out a royal salute to Her Majesty of the world's mercantile nacine ranks

considerably further out than it ought it was ingeniously argued on their

upon it and which purported to opened to the public. to have been, Carr did not ace it, and he behalf that the Court, having been attach his moneys. If each an attempt Winterhalter and his offices, all of whom about the development of the shipping According to the plans of Admiral who are responsible for having brought are very drastic proposals, going sustained the injuries mentioned. He satisfied by the affidavit of Chin Keed been made the Baak might and have assured the Carnival oficials of their industry in Japan, however, must not 12.30 p.m.-Annual General Meeting much beyond any recommendations gave judgment for fed for the damage that the money deposited was the should have ascertained that be was desire to do everything in their power relax their efforts nor rest satisfied with

of the Hongkong Benevolent Society. we have hitherto seen. Mr. BOXAR to the four-years old cycle, 860 13, 2

property of the judgment debtor, in dead. Clearly it should, before parting to aid in making Wallace Field show on what has been achieved, but must strive May at St. Paul's Institution.

**Kobe bu now become the premier when the deputation submitted their damage to plaintif facial trousers; the same person as the depositor, and tion of the depcait receipts, which of two o'clock on the afterapon of the opport for foreign as well as domestic trade,

will be at Legaspi landing abortly before. views, mentioned that he had already $140 in all with costs.

that for the purposes of the garnishee course would not have been forthcoming, ening day of the Carnival A throne and it will devalve on those who are. sent out inquiries to every one of the

sections of the code he must there. This was a matter of ordinary precau for the Queen will be erected on one of responsible for the prosperity of Kobe' Colonies asking them to look into

fore be taken to be the judgment tion. It was contended on behalf of these and the royal Indy and her court trade to maintain the position Kobe has these very questions" which the

debtor. In the case of Vinall v. De the Eark that there was no evidence to will embark, accompanied by the con- attained. One of the objectionable pro

stabulary band, for the Brooklyn Aa deputation had put to him. So

Poss Lord Hannen says of such on show that it did not take such measures the Queen and her court approach the critics of the Japanese, which centuries far,

have heard

affidavit," it is not for the purposes of precaution; but I think the flagship a salute of 21 guns will be fired of retirement have developed, is their there 768 an from the big man-of-war, and royal contentment with smal nocesses. In discussion of them in Hongkong.

of proof at all, it is to lay the founda- answer is that We doubt whether it would be to

tion for calling the debtor, the obligation on the Bank to show the honours will be paid to the Queen as other words, progress among the JapaamE the advantage of this Colony to go

she will be received by the Admiral and a certain point, beyond which it refuses garnishee, Lefore the tribunal to Court that it had done so, and to have the boards, the vessel. Once on board is brought to a standstill when it reaches the length suggested by Sir ERNEST

ascertain whether he can deny, what appeared in its own protection in the his staff, and following the formst roto pressed. This is an evil incidental to Bion, but there can be no doubt

is alleged against him, simply that arisee proceedings: The duties of a ception will again embark for the shore, insular instinct. Now that Japan has that the public feeling of the

128 buyers he is indebted." I cannot see how garnisbee are referred to in some detail to take her place in the reviewing stand obtained in seared position in the world British community here is

"in accord

review the military and naval parade broadened so as to enable them to come- 93 x.d.nam, or such an afidavit it can be said in the judgments in the House of Lords of the Luneta, from which the will the views of the Japanese man be in Vinall v. De Fass 1892 AC 90 that is a feature of the opening day of pota atcerfully with Europeana Guill with the sentiments of Mr.

91. sol. that the Court held the identity of From these it is clear that his position the Carnival Matad Americane. It is also desirable that, those BONAR LAW when he expressed the

11.65 buyers the two persons was established - in not merely ministerial: "that he is As a result of the arrival of the Font who have profited by the unexpected hope that the lessons of the war

7.10 buyers 10% buyers

summoned before the Judge to be pre-and the enthusiastic support promised had developed a strong feeling that

Tis 20 nominal has been shown that you apparently sent on the application, and when he is to the Carnival officials by Admiral of rests should devote part of their Winterhalter and the ship officers, it profite to the general welfare of their leas oar German enemies will never be

ove money to the judgment debtor before the Judge it is not merely to snow certain that the opming carnival fortunato fallow countrymen. allowed to ase our resources against

you can abaw whether this is so or be there and hear what is said, parade will provide spectacle of ourselves in the future in the way they have done in the past.

General Memoranda.

TURKDAY, Feb. 1 :-

10.30 a.m.-Auction of Ladies' Boots and Shoca, Saidlengths, Blankets etc.

■t Messrs. Hughes and Hough's EATURDAY, Feb. 3

11 am. -Auction of Mator Cycle at

Hera Hughes and Hough's. 11.30 am-Union Waterboat Cos

Mooting. 2.16 p.m. Cricket on HE CC

ground: Club v. University. MONDAY, Feb. 8:

9.15 p.--Fiano Recital

ment Houses

TESDAY, Feb.

Gover

3pm-Auctionofcasehold Property at Mr. Geo- P Lammert's Sale Tooma

MONDAY, Feb. 7.- 11.25 am-Full Moon. SATURDAY, Feb 10-

11am-Kowloon Laud and Building

Ce/scating.

Do

CLOSING QUOTATIONS.

Banks....

Steamboats Malabonsanguini

Wharves

Docksure Central Estates Hongkong Land Comente..... Frame Waterbosta Tangkatë

3.30 pitt

710 bayer

201 sales

40 buyers 88 bayer

what the Court in fact said was "sit

T

SOMETHING TO REMEMBER

not before we order you to pay it to bat it is to take part in it for his own greater proportions than ever, before. CURE THAT COUGH

his creditor. On their failure for

(Judgment of Lord addition to the 7,000 soldiers of all protection.

branches of the service, who are to be you have a taqublesome she cause, for they took no steps Hannen p99) Now this is exactly in line, there will be tig contingent We caugh, I does not mean that you in the matter, an order was wide what he Bank did, not do in the present of Blue jackets from the ephting, shis have consumption or that you are going that they should pay the debt durcase it allowed the Court to set in the bay, while the participation of TN buying cough medicine for child- to have it, but it does mean that your jususnes

the uary athletes in the open carnival ren bear in mind that Chamberlain pany informs us that the raw silk langs are threatened, and it is just as from them to the fullgnent debtor, upon the represent

championships also assorts, Edditional Conch Bandy is the brat for colds, crom

and whooping cough, and that it contains, Laipped by the S cuela arrived at wall to be on the safe side and take Cham Concert at Helens May New York on Jany

berinin's Cough Emed befois it is too and they then paid a debt owing to fraudulent action without appeating on interest in the Lovents aid added no harmful drugs) For sale 16th, talang 255. leto: For sale by all: Charmsta and some one alse. I carmot see how the

it any keenness to the com days in Granat from Yokoham

Noon Humphreys Estate and

Finance Co's, Moeting

The Pacific Mall Steamship Com-

mads in the