1921-03-10 — Page 5

THURSDAY, MARCH 10, -1923.

TU CABLE ADDRESS

“Urverka" Durakova MERCURY MOTOR CAR GAMES, OFFICE DES

SOLAR PRES

ABESTE EMTION...

WESTERN CXION

BESTEXT

F. L. TULKA

MAGKA

·00.-

59–61 Den Voeux Road (Contral,

BIG RICE CLAIM.

ALLEGED BREACH OF CONTRACT.

SPECIAL JURY EMPANELLED,

HONGKONG.

ATU KRANCH

Swww ZooK

BLANCH

WHITPORT ZXASCH 1543

WORK BROT

too much broken; they alleged a difference between the first and second sample. In this, said Mr. Jenkin, in colloquial phrase, they had. the plaintiff cold, for long before this. of COUTSE, the plaintifs, having sold the rice. had thrown away' their shop sample. It was then suggested that the contract might be cancelled on payment of $1,000 compensation but the plaintiffs refused this. On April 22 the goods were sold by public

In the Supreme Court this morning. before the Acting Chief Justice. Mr H. H. J. Gompertz, the Sing Cheong Firm sued J. Osawa & Co. of Queen's Road, Central in respect of 2,000 auction and the difference in price bags of Shing Kee refined rice sold was the amount now claimed.

to the defendants at $8.35 per picul,

and of which the defendants bad

refused to take delivery. The rice

was sold by public auction and the $4,000 FINE FOR OPIUM. plaintiffs claimed $11,000, being the

difference in price as between the

selling price and that realized by the USUAL EXCUSE FAILS AGAIN auction

The following were empanelled as) a special juryMessrs G. T. M. Edkins, W. L. Pattenden, J. Graham. A. Forbes, C. Little, W. A. Dowley, and R. B. Kotewall Mr. F. Jenkin, instructed by Messts. Hastings and Hastings, appeared for the plaintiffs, and the Hon. H. E Pollock, K. C. instructed by Mr. D. H. Blake represented the defendants.

Charged this morning before Magistrate Orme with the unlawful Possession of 39 teals of prepared non-Government opium in Tafyven Street, West, yesterday, a Chinese said that the drug was given him to carry by a man for whom he had Worked. He was unaware the tips contained opium. The prosecution pointed out that the drug was Mr. Jeakin, in opening the plain discovered by a Chinese Revenue tiffs' case said the action involved a Officer tucked in the defendant's very important and well established girdle, a fact which proved that he elause occurring in contracts for the knew the nature of the contents of sale of rice in the Hongkong market, the tins. A fine of $4,000 or eight It is known as the Taipan clanse, month's hard labour was passed. which being interpreted meant The drug was confiscated. *big and referred to a big sample, just as the taipan of a firm was the

The CP.OS. 5.5. "Methven," *big sample" or representative of the cow in Hongkong, is to be laid up firm. This clause was universally used after her present trip. The "Lindsay in the Hongkong market, in the sale Moller" is laid up here and the of rice. The clause is to this effect"Nancy Moller" in Shanghai. "A big sample having been ins

pected, the goods, whether good One fatal case of small-pox and or bad, shall be taken by the four fatal cases of cerebrospinal purchaser". The plaintiff's said fever, all Chinese, were reported that on February 24, 1919, yesterday, also one non-fatal case of they sold a specific lot of rice paratyphoid fever, Indiao, and two to the defendant firm; the latter non-fatal cases of cerebrospinal were to take delivery in 14 fever, Chinese. dark As they did not do so the rice was sold by Messrs. Lam-

The N.Y.K. s.&. "Tamba Maru," mert Bros., by public auction, and the which arrived at Yokohama from loss amounted to $11,000, which the London on Feb. 5, Brought from plaintiffs now claim. The defendants' England 22 horses for breeding pur answer was that this was a sale, first poses, purchased by the Department of all, by description, and that the of Agriculture and Commerce. Four- goods did not come up to the deseen of them are British bred and cription, and that therefore they the rest French bred. The animals were not bound to pay. The second are all excellent stock, one of the defence was that it was a sale by British bred having cost £7,000. -sample, and that in this respect also

the goods did not correspond. The answer of the plaintiffs was that this i was not a sale by description or

sample, but of specific goods, which the defendant examined and were) about to accept, having signed the contract.

Counsel gave the Chinese name for rice at various stages of milling and said that the particular kind involved in this case was knoWL, AS Mairuk

TO-DAY'S ADVERTISEMENTS.

G.

PUBLIC AUCTION.

Boundary

SZUPOVEDATĖJE

XV. HEXES.W.

or (Yukmai). ADARTICULARS and Conditions of the letting by Public Auction Sale, to for the taipan's clause, he said he held on MONDAY, the 14th day of that to all dealers on the Hongkong March, 1921, at 3 p.m., at the --Offices market, including the defendants, of the Public Works Department, by Order this phrase was used in a particular of His Excellency the Governor, of Ose meaning, and it meant this, a purt of CROWN LAND behind Inland chaser had gone down to the place Lots Nos. 1619 and 1820, Shtukiwan Boad, in the Colony of Mongkong, fot generally the godown--where the term of 75 year, with the option gonds were stored, he bad seen them of renewal at a Crown Ranz tổ be fixed and with the use of a bamboo sample by the Surveyor of His blajesty the King, stick be took samples from 20 or 30 for ons further term of 75 years. bags and mixed them together on a

PARTICULARS OF THE LOT. tray judging the quality of the bulk from the mixture. This process was called taking the taipan, or big, sample. The -purchaser had thus examined the goods, and, acting on his own judg. ment, he had said to the vendor these goods will satisfy the con- tract." There the matter ended; the goods were sold as specific goods, and sold in bulk, and the purchaser was bound (short of discovery of _fraud) to take delivery.' Mr. Jenkin went on to make it clear that the samples in the rice merchant's office were not samples on which. contracts were made. They were edly a kind of “visual catalogues.”; "From them the purchaser saw whe-

ther the bulk was likely to consist of the kind of rice he wanted and if satisfied he would then go to the

ShauthIwan Rond

Lovality.

4.

视

M

PUBLIC AUCTION.

godown and take the taipan, or big THE CUSTODIAN OF ENEMT

sample,

Counsel suggested that the subse-

PROPERTY.

quent proceedings of the defendant THE Undersigned have received in

firm had an important bearing on this case. The rice market” was dropping every day, at the time that

this contract was made; it could only be described as in a rotten state": When delivery was due the defend ant made excuse and asked for little further time. At the

stractions to sell by Public Auction

/8ATURDAY, Merch 12, 1921, at 10.30 am -

a their Salon Booms, No. 8,

Des Vœux Blois, Corner of

Tos Hose reet,

end of the week, they asked: MISCELLANEOUS GOODS,

for

"another: "Wextension. Do March 23 they asked permission

· to take another sample; this was unusual but it was agreed to after demur. At this time the price --ħad-dropped about $2 The defen. dania then criticised the second sample and said that; the rice! was

Including & fow lots of silver ware,

And ke

Sandry Household Furniture, &c., de

·Tarios --Eish,”

HUGHES & HOUGH,

Hong kong, March 10, 1981,

TO-DAY'S ADVERTISEMENTS.

1921-22

THE CHINA MAIL.

SEALED TENDERS will be received Dat the AX, HOSPITAL UGH.10 sm on the 21st March, 1921, from par- sona desirous of supplying Beef, Mut- ton, Fowls, Pork, Bread, Cheese, Pure Cow's MIE, Aerated Watsa, Tee, and other provisions, and necessaries for the- year ending $1st March, 1932,

Printed Forms of Tender and further particulars can be obtained at the R. N.

·HOSPITAL

Tender's reserved."

The right to reject the lowest or any

F. DALTON, Surgeon Captain, R.N... R. N. Hospital, Hongkong March, 10, 1921.

PUBLIC AUCTION.

1

6 Undersigned have received in. structions from Max. Arnold to sell

by Public Auction,

де

W

WEDNESDAY,

March, 93, 1921, commencing at

215 pm, at Her Residence

No. 86, Bonham Road. THE WHOLE OF THE Valuable Household Furniture, Bric-bras, &c., ke therein contained.

Tables.

As follows:- HALL-Teak Hall Stand and Side Drawing Room Large Easy Chairs Poure and Chesterfield Sofa (by Wm. Powell,) Blackwood Cabinets, Tables, Stands, &c., Water Colours and Engravings, Old Brass and Bronze Curios and Several Lots

of Chinese 5-col. and Blue and White

Porcelain, Carpets, Rugs and Curtains Dining (Lane Crawford & Co). Room: Large Mirror Back Side board, Dinner Waggon Ex. Table, Chairs, Cabinets. Electro Plates and Cutlery, Glass Crockery, Ware, &c, including several lots of Silver Ware. į

Bedrooms:-Teakwood and Brass Mounted Bedsteads, Wardrobes, Dressing Tables. Washstands, Writ- ing and Card Tables, &c., Bed and Table Linen, Blankets, &c., Bath- room, Pantry, and Kitchen Utensils,

Also

"A collection of Old Gold and Silver, Coins (Japanese) in case, Electric Fit tings, Barometer and a large quantity

of Pot Plants.

(Foll Farticulars from Catalogue)- To be had on application to the undersigned.

On view from Tuesday, od just between 11 am, and 6 pm., and day of Sale.

..!!

Termas

41

Caak,

HUGHES & HOUGE,

Auctioneers. Hongkong, March 10, 1921.

TO-DAY'S ADVERTISEMENTS.

NOTICE.

MR.K.J. YPEY, has THIS DAY left

our service and his authority

to act on behalf of Company Eas ceased..

THE ANGLOSAXON PETROLEUM

CO., LTD.

Hongkong, March 9, 1931.

PUBLIC AUCTIONS.

THE Undersigned, have received in structions to sell by Publié Aue.

sion

***

SATURDAY, March 19, 1921, commencing at 11 am. at No. 11, Daddell · Street, A Quantliy of Miscellaneous Gear、

Comprising:

"

TO-DAY'S ADVERTISEMENTS.

STRUTHERS AND DIXON, INC.

NOTICE TO CONSIGNEES:

S.S.” “LANCASTER

From BALTIMORE.

THE Steamship

"LANCASTER * having arrived from Baltimore via ports on 10th March, 1921, Con- signees are hereby notified that their cargo is being landed at their risk into the hazardous and/or extra-hazardous Godowns of the Hongkong and Kow {loon Wharf & Godown Co., Ltd." : Kowloon, and stored at Consignees. risk..

Consignees of Cargo must produce as Import Permit sigued by the Superintendent of Imports and Ex- ports, Hongkong, before Bits of Lading will be countersigned.

All broken, abated and damaged cargo is to be left in the Godówna where it will be examined at 10a.m. Old Packing Caps Cable Reels, Old on 16th March 1921, by the Company's Metal, st

surveyors, Messrs. · Carmichael- & Trans-Chah on delivery

Clarke.

LAMMERT BROS.,

ON

Auctioneers,

TUESDAY, March 15, 1921, commencing at 11 8.0

at their Sales Rooms, Daddell Etreet 8 cases Chablis,

9 cases Rockdale Wine,

6 cases Santerne,

4 cases Red Ruby Burgundy..

15 cases King's Dry Gin,

5 cases Peppermint,

1 case Apricot Cordial,

1 case Bitters,

13 Barrels Claret,

1 case Beer,

35 cases Charles Heidsieck Cham-

pague, (qts)

And

A Quantity of Sundry Liquors. On view from Monday the 14th

Inst

Terms: Cash on delivery.

LAMMERT BROS.. Auctioneers. Hongkong, March 10, 1921.

All claims must be presented within ten days of the steamer's arrival [here, after which they cannot. be recognised. No claims will be | recognised after the goods have left the Godowns and cargo undelivered on and after 17th March, 1921, will be subject to rent.

Consignees are requested to send in their Bills of Lading for counters signature immediately.

STRUTHERS & DIXÓN, INC.,

Agents for Owners.

Hongkong. Harch 10, 1991.

TO SECRETARIES OF CLUBS AND OTHER INSTITUTIONS.

ALL preliminary notices of forth-

coming meetings, lectures and entertainments, sent for insertion in

the news columns of the China Mail are charged for at the rate of $1 each, (as announced in May and Jure of last year) providing that they do not occupy more than four lines. In future if this space is exceeded they will be placed in the advertising columns at the prevailing rates..

TO PIPE SMOKERS.

Just Received Fresh Shipments of famous, Smoking.

Tobacco to choose frem MARTIN'S & 00.-

Hurlingham tobacco (Bird's eye cut.) Retelagh

Carlyle

DUNHILL & co.

(Fine cut and Coarse cut.}

“My Mixture (Extra mild. Mild. Medium and Full.) TOBACCO PRODUCTS CORP.

H. Tareyton mixture.

Personal CARRERAS, LTD.

Sil Phillips mixture. Cromwell Hankey's

TABAQUERIA FILIPINA,

38-40, QUEEN'S ROAD CENTRAL.

REX BEACH

like Jack London, has lived what he writes of; he charges his writing with his own absorbing personality.. He wrote THE GARDENIA also the GOLDWYN

presentation:

"THE SILVER

Both

CRIMSON

NOTICES.

"WHITE FROST

THE SANITARY REFRIGERATOR

HYGIENIC

ECONOMISES ICE

REVOLVING

SHELVES

ALL METAL

~PORTAM

MOUNTED

CASTORI

CORK INSULATIO

WE HAVE ALSO RECEIVED

AUTO-VACUUM FREEZERS

IN TWO SIZES—I & 8 QUARTS.

LANE, CRAWFORD & CO

"BABY" GRAND PIANOS

JUST UNPACKED

FEOM

"BROAD WOOD

LONDON

&

"CHICKERING"

BOSTON.

The finest in the World.

THE ANDERSON MUSIC CO., LTD.

18, DES VOUX -ROAD.

TRIALS SOLICITED

JAMES STEER

TEL

B.Y

THE CHRONOMETER AND WATCH - MASËR (Contractor to H. M. Naval Yard)

9, Ica Hocs STREET, HONGKONG.

HOUSEHOLD COAL

On and after November 1st. 1920, until further notice we ate. prepared to accept orders for HOUSEHOLD COAL re-screened in Hongkong at the following prices:— Delisered to Peak District (above Bowen Rond)-53200 për tom.

Bowen Fad and Lower Levels

and Kowloos...$21.00 per tea. TERMS CASH WITH ORDER (CHEQUES PAYABLE TO "KAILAN MINING ADMINISTRATION

KAILAN MINING ADMINISTRATION -

AGENTS

HEAD OFFICE:Tientsin

DOOWELL

CO., LTD

HONGKONG.

∙HOO CHEONG Wo & Co Shipchandlers, Metals and Hardware Merchants, Sail Makers and General Store Keepers.

31 & 59. COXSACORT ROAD CESTRAL, HONGKONG. Telephone No. 591-

Gode. A. 3.0, 10.

HORDE"

SNUB plays in "FELLOW CITIZENS

TANSAN

received the highest award A GOLD MEDAL from a committee of crítica). judgem at the Anglo-Japanese Exhibition

which testifies to its excellency and parity.

bogus inilations No TangaTF- -- is

anlegs the label, bears the name of

CLIFFORD-WILKINSON.

Unrivalled as a drink, Mizer well with

Tansan raises the-spirits and excites maguine ant

even as a fiagou of wine exhilarated the monks of old,

For the good old frier of ordera grey

Would bareived the flagon of wine away. And consoled himself as any man cản

With bubbling, sparkling, cool Taas.

in the Far East,

Tanman can be obtained at all first: olan Hotels, Bars? sad

SOLE AGENTS ----

GANDE, PRICE & 00.

showing

10th 11

12th & 13th

-2.30, 5.15. 7.16 & 9.18

Phone 1743

THE CORONET

BTD