1907-12-17 — Page 3

Page

SUPREME COURT.

Monday, December 16th.

IN APPELLATE JURISDICTION.

BEFORE THE FULL COURT

THE PIRATED JUNE CASE: IRREGULAR

PROCEDURE.

Sir Henry Berkeley, K.C,, instructed by Mr. F. B. L. Bowley (of Merers. Dennys and

THE HONGKONG DAILY PRESS, TUESDAY, DECEMBER 17TH, 1907.

Lor dships we were all under the belief that it wan merely a question whether the Attorney- General or Counsel shon'd appear. If I had soy idea that there would have been question raised as to the validity of the notice I should have filed another.

The Chief Justice-Up to ten o'clock the impression on my mind was that the application had been shandoped. The matter was allowed to stand by, and at the last moment this notice has been filed..

Sir Henry Herkeley--No end can be pre- judiced if you give me leave.

wrong.

The Chief Justice-Assuming that proposition to be true, what you say is that it applies to a case where a knowledge of the re-charter rupe Knowledge all the way through and affectu nil partion.

Sir Henry Berkeley - You affects the question of damages.

The Chief Justice-One of the points I decided was that there was knowledge all the way through."

1

THE CHINA INVESTMENT. CORPORATION,

The N.-C. Daily News is in receipt of the following letler :----

ir,-A new company called the Chins Investment Corperation" has been started in Shanghai, and is registered at the United States Conenlate General as "organized under the laws of the territory of Arizons The name of Frederick D. Cloud, Esq.. U. 8. Visa- the 8. District Sir Henry Berkeley-The reicbarier was for Consol, Shanghai, appears on the Advisory the carriage of warlike munitions in and about Board, and Bassett, Eng

This Company offers to the public a particip the Philippine Islands during the time the torney form illyaltend-d the opening United States Government wereat war with the ceremony of the mid Corporation." Filipinas Your Lordship went on farther to sting bond en very tempting terms, and no Chinese will accept the official mADY registration as an unquestionable guarantee, not say that Carlowitz and Co, had no interest in doubt $1,750 algother; $1000 to the owners for their stability as an investment company.

But no montion is made of any resources consent to employ the ship entside the sib

United States ebarter, and 8750 to Carlowitz and Co., so that whatever. Carlowits and Co. received not hing more because" of the re-chart-r by the Gorarament.

The Chief Justice-Yes, the other side can. Sir Henry Berkeley-If you read the Bowley) appeared to apply for leave to appeal judgment you will see that it is radically the re-charter, and that the Outnoia, had to pay only of its bona fides but also of its commercial

The sale look ploe in Mosers. Wilkinson and Grist's efflor, and you cannot have a maket overt in a solicitor's office. It is very important point to decide that Shaukiwania « market arert for ships. I would ask your Lordships to extend your powers under action 34.

from the decision of Mr. H, H. J. Gomperts, Acting Taisne Judge, which was delivered on November 20th in the summary action between Ip Tsung-nin and Kwong T-king.

The Chief Justice- No notice of motion has bean filed,

The Pamus Judge There is only one notice of motion; that is the Attorney-General's, and it is drac.

Sir Henry Berkeley-There was a notice of motion on the change of soliciters on the Your Lordships will remember what took place on the day I moved last.

The Fuise Judge-We gave you till 10.30. this morning to proceed. You have got. proceed in the proper way, but you have not

done so.

Sir Henry Berkeley-We have got to proceed by giving notice of motion. When solicitors are changed the original motion stands,

The Chief Justice-The original motion bar has been held to be kad. Counsel in that was held to have no focus elandi, therefore that Rotice of motion is bad. The obvions course is

.to file a new notice of motion,

abips' attention to page 329-.-'

The Chief Justion-Let me ask you before you take that point, Why has not the solleitor adopted the simplest course and the ordinary

The Chief Justice-You accept that? Mr. Pollock-I don't think your Lordship The Chief Justfoe--I want to say one thing more. It was quite a misapprehension that we held that. My friend is going further when What be says that the extra payment to Carlowita granted a stay of execution in the case.

intended to convey was that, pending the and Co. had nothing at all to do with the fir Heary Berkeley-You came to the con- hearing of the Attorney General, wa wished the extra charter to the United States Government, parties to remain in statu quo. It was only a stay of execution up to that moment, merely clusion that Carlowitz had no interest in the for two or three days antil we could hear the charter to the United States Government; that the Ostacia with the consent of the owner", Attorney-General. We cannot possibly hear it was a matter between that Government and who for giving their content were paid by the Osta cia $10 a month extra. Cousinning, Counsel said he would argue the case on the basis that the Ostavia ware principals, and

you.

APPEAL FROM A DECISION OF THE CHIEF JUSTICE,

An appeal was mide from a judgment of his Honour the Chief Justice delivered on May th in which he found in favour of Messrs. Ciclo witz & Co. the respondents in the present case, The appellan's are the Lanbard Steamship

NOL

the agants, in the agreement with

the owners by which the owners consented to the re-harter. It would be conveniest bers to examine the re-charter which was

Sir Henry Berkeley-1 would ask your Lord. Co., Ltd., Bir Heary Berkeley, instructed by stod July 1st, 1902. The only parties to Mr. R. D. Atkinson (of Messrs. Deacon, Looker that document were the Cataois and the United and Deacon) represented the appellants, and the Hon. Mr. II. E. Peilock, KC, instructed by States Government. That re-charter was for, pores. It was not a trading charter, as the Mr. Jackson (of-Mosers, Johnson, Stokes and Parposes which might be oslied warlike par. Master) appeared for the respondents,

Sir Henry Barkeley stated that the appeal purpose of it was to carry troops and stores. It the Court looked further into it they would find

Course P

„Bir Hary Berkeley-Whet in that, my Lord ?

The Chief Justice To filà a new notice ofas from's judgment of the Chief Justies in that it bad not a single provision ontained in

motion.

i

an action tried before him-zitting-alone on the

all

Shangbai, December 2

*6

TRY IT CLUB THAT'S ALL

PRONOUNCED THE BEST SCOTCH WHISKY AT THE PRICE › ON THE MARKET.

CLUB" SCOTCH-QUE SPECIAL BLEED-Th's Whisky shows the high por- fection obtained by long experieuse in the selecting and skill in the blending of Bootch Whiskies. The extreme softness and mellowness and the fine character aro produced by great age, bigh quality and judicious blending. Boing entirely free from saccharine, it possessos Medicinal properties of exceptional value, and is unquestionably the perfection of Scotch Whiskies. PER

3.M

DOZEN

..

$14.00

H. PRICE & CO., LTD.

WINE, APIRIT & CIGAR MERCHANTS,

par

in

What is the capital of the Corporation P What the reserve faid? These are subjects that any invester shoul know. If an invest ment company is allowed under the laws of or mortgages are bypothecaled under require- the territory of Arizons to begin what ments of the law with trustees' (only one and guarantee the payment of the bonds issued." amounts practically to a banking insti utica trustee is mentioned in the prospectus) to secure The purobasers of these bonds are paid interest al the rate of 5 per cent pir annum, and sil the American Coomlate General is very

'surplus profits earned from intereat, caab ear- without any capital with which to meet parent expenses, than the registration at misleading to the Chinore, for many of my the Am rican Consal is all that is required. fixes and transfer fees, ined in excess thereof." Your esteemed journal in the past has always On the next page there is a slight inconsistency, Chinesa friends now consider that the seal of readers discounted, lapses, partial paid up bonds,

the bondbolders which furnish the been open to impartial refersace to questions sa it is stated that the company guarantees that ffect the welfare of the Chinese and, the to the purchasers of its bonds an equal therefore, request, with all good feeling to the cent," as

hat full publicity be given to the money, are justly entitled to participate Corporation, reputation of foreigners in Chins, and I, division of surplus profite in excess of 5 exact responsibility attaching to the registration the legitimate profs made from their own that has boon made at the United States Con- money, invested jointly with the company's Consular Offcisi on the Advisory Board. The company shares in the profts, thon ch there enlate General and inclusion of a United States money." From this it would appear that the resson for my asking these questions is to avoid is a certain vagueness about the phrase "the possibility of an occurrence of the nature that company's mone" as no paid up capital is mentioned either in the prespostas or on the happened a short time ago at anton (and with which you are no doubt acquainted), resulting bond itself, though we understand that the in serions loss of prestige to the foreigners in Corporation has a email capital. The plant that city; and the fact that I know that the of the corporation may be sommed up, then, U. B. Jadge Wilday upon being writter to sa follows: The investor pays 134 instalments about the said Corporation replied that he was of 15 a month, and in return receives a boad, omphesis is laid upon the profits to be derived not in a position to give any information. I which at the expiration of that period has a Our contemporary saya la reply to our from cash surrenders discounted, lapses, etc., sod

on the sources are greater than the interest itself." am, etc., Woo Yin-Hing, Tack How Chang & Co. guaranteed value of $1,000 Considerable

The analogy drawn between the business of the correspondant we would state that the inclusion it is asserted that "naturally earnings from these of the United States Vice-Consul Advisory Board should constitute a sufficient bat-in view of the interest attaching to the new paay, hardly applies as the principles involved duced by the Corporation we have acceded stated in the prospectas, that the New York departare in local investment business intro are entirely diferent. It is quite possible, as guarantee of the bona fides of the Corporation, Corporation and that of a life insurance som our correspondent's request and append Life Insurance Company paid one of its policy holders $15,312.80 on a twenty-year andowment below as analysis of the Corporation's business. It is to be feared that our correspondent's can policy for $10,000. The premium paid is not the stated, but it may be pointed out that whereas a Sir Henry Berkeley stated that none of the tortion that Mr. Cloud's position on Sir Henry Borksley-The motion was adorers of the Salamance in not carrying out Provisions of either the original or the sub- Advisory Board is cafoulated to give the Corman, who at the age of 21 Lakes out an ordinary that this aspect of the situation was overlooked take a twenty year endowment policy with profits he has to pay $50.07 per annum. His who were called Outacio, the sub-charterors of except the stipulation that the amount to be paid many Chinese is only too trus; but we feel sure $19,62 per annum in premium, if he elects to journed, and time was saved by your Lord the undertaking on their part with some people charter were incorporated into the re-charter, poration a semi-official status in the eyes of palier for $1,000 in America has only to pay

That meant that the when Mr. Cloud was allowed to join the Board.

The China Investment Corporation has re- premiums during the duration of the polioy the ship from Manera. Carlowitz and Co. who should be the same. bad re chartered her to the United States United States Government were to pay to the

of that Oslacis the same sum as Carlowitz and Co. paid cently begua business in Whiteaway Laidlaw's will hers amounted to $1,001.4, and it is amount to 50 per cent of the face value of the for the Government

purpos

occupies commodious and well-farsished pre- The judgment to the owners, 26003 odd a month. What the new building in Nanking Rod, where it quite possible that the scorund profits will

that the Manila

Corporation The Chief Justice-This is my note: Sir.

Government in

Every insurance Henry Berkeley, instructed by Mesure. Dennysont on to say that his Lordship found the plaintiff, claimed was that they had a daty misst. According to the prospectas its offers policy. It is difficult to see the relevancy man knows that there is a defuite charge in and Bowley, applies for leave to extend motion.

United States Government were entitled to under this re-charter to the charterers to keep are; Messrs. H. J. Black (Presilout), C. R. of the statement

each endowment payment to cover the cost of for appeal. Lave grauted, That means for repudiate the obarter, and that thereupon the the ship at all times at the disposal of the United Bennett (Vice-President) and Bernard Lichtig, suffers a los by death.

losses that occur. This charge is quite distinet you to apply in the ordinary way by notice or Osinois were entitled to repaliste the sub- States Government for the purpose of the reformerly acting Governor and Secretary

from the investment portion of the premium, lottery lately operating at Canton.-Ed "R. charter from Carlowitz and Co., and that Car-charter. That he was prepared to concede, Treasurer of Lepanto Bontoc, P. I. (Secretary- Sir Henry Berkeley-I would ask yourlowitz-and Co.. were entitled to repadiate their Having given their consent as owners to the Treasurer) [and chist manager of a watch insurance, or in other words to pay for the death: Mesra. F. D. Clond (U.S. Vice-Consul, Shang. The deposito made with the Corporation are in D. PJ. The Advisory Board is composed of legate in Shanghai), H. E. Se Sho-teeng countries, are s

saturday hai), H. E. Tong Yuen-chan (Viceroy's De- the nature of trust funds, wbish, in most

Walter Kiston (Proprietor of the " Review") and Baron Jules del Marmol (Com

nots as the Corporation's bankers, and Mr. A. ptoirs Lamquet). The Trustee is Mr. W. A. Hohn of the Banque Sino-Belge, which bank 3. Algar and Mr. A. R. Leaks are estate The Corporation is registered under the laws appraisar and auditor, respectively. of the Territory of Arizons, and the frontispiece the effect that the Articles of Incorporation of the prospectus is a U. 8. Consulate certificate General-a formality that has no special signis have been filed at the Shanghai Consulate

sufficient as it was

Sir Henry Berkeley-Becaure he thought The Chief Justion-But be couldn't have thought it sufficient, because it is not a quarter of an hour ago that change of notice has been filed.

ships' order.

The Paisao Judge-You were allowed up till 10.30 to put yourself in propar order.

motion.

in effect be held that the plaintiffs, Mesur judgment he pointed out that no reference was made to the origiad charter. There were no 29th and 3th April and the let May, whereby original-obarzer In the Chief Justico's

Mr. Pollock-Yes, there are. Carlowits and Co., who bad chartered the 8.0 Salummos from the Lombard R. 2, Co. onzeptions as perils of the sea in the re-charter. February 7th, 1902, were justified in repudiat. ing that charter because of the defaul of the

charter from the Lombard 3.S. Co. That was shortly the effect of the judgment, and be now desired to ask the Court to take another Fiew

-to

from the date of judgment, but your Lordships from liat taken nisi prius at the original hear the ship at all times, as was reasonably possible,(Commissioner of the 8. N. Railway), Capt.aupervision.bject to stringent Government.

Lordships to extend the power you have vader section 34 of the Bummary Jurisdiction Ordinance. Time there is limited to seven days will find a proviso to the following effect.ag. Owing to the limited number composing "That seven days is fixed provided always that the Court-a defect which the Chief Justion the Fall Court may in its discretion extend the had more than once pointed out he had prac time limit for much application either before or fically to reargue the case before the Fall after the appliestion thereof." I ask you to Court. Counsel believed that he would be allow notice to be given now. This is a very able to soarings bis Honour the Chief important question, and will be burked if we are Justice that the view taken by bim

that particular occasion was he respectfully not heard because of a technicality..

need the word, erroneous. The first document to which he invited attention was the writ of summons,

The Chief Justice I don't think you should use the word barked, but you possibly did not mean it. It rather suggests that the Court is declining to hear the motion, wherons it in a defect in procedure that has been adopted.

Six Houry Barkeley-Then allow me to sub stitute the words "opportunity lost. I ask your Lordebips to exeroles that disoration, as the present procedure is due a misappre-

hension.

The Pulsne Judge-How is it a misapprelien nion when be fada there is some sort of mistake and endeavours to patch it up?

Bir Heary Berkeley-It is a misspprobansion which was discovered either by advies or otherwise. Why should the Court by nawilling to bear this application On the face of it, if your Lordships read the judgment, you will see that it cannot be sustained.

Sir Henry Berkeley-Why won't you use your discretion, my Lords? Why penalise un ?

The Chief Justion-There must be some reasonable grounds,

Dn

The Paisne Judge-Pardon me for inter- rupting, but yon must give me credit for knowing something about the case, as I have read through the papa I.

Sir Henry Barkeley-With your capacity for rapid digestion I am quite certain you will be able to follow me.

The Chief Justica-I might mention that I said in the last hearing I considered this an extremely difficult ouse...

and baying control of the master and crew, it employment of the ship under the re-charter, andoubtedly was the duty of the owners to keep ready to perform the re-oberter. He put it to the Court that supposing the appellants had failed to perform their duty, that could not possibly give Carlowitz and Co, the right to repudia e the original charter. What they were liable to in consequence of their breach was to make good to the Ostacia any pecuniary loss sustained by them in consequence of the appellants' failure to perform the duty which they owed to them and the United States Government in respect of the re-charter.

to

сансь

The Corporation was registered at Phonix 1906. be incorporators were Messrs. M. W. Larraine and R. B. and O. E. Schaps. The Arizona, before Mr.J. s. Page, on October 18. articles allow of considerable latitude in the The capital stock of the Corporation is stated as $1,6000,000 Gold, divided into 4,000 shares of business to be carried on by the Corporation $250 each. Aneording to the articles the contingent, is limited to $200,000. permitted liability of the Corporation, direct or

12, QUEEN'S ROAD CENTRAL

SPECIALIST

PRESCRIBES

CUTICURA

1

A. Famous French Specialist on Dis- eases of the Skin Prescribes Cuti- cura as the Most Effective Remedy Known to Him, Charging as His Fee 100 francs (£4).

ALSO PRESCRIBED IN

HOSPITAL SAINT LOUIS

"Gentlemen: You may be pleased to learn that a patient suffering from an irritation of the skin, caused by motor ing, un consulting a noted physician in Paris, for which a fee of one hundred franes four pounds sterling) was charged, was advised to use Cuticurs, which ad- vies, although received with astonish- ment. was followed and resulted in perfect cure. (Signed) Lewis Gower, 1123 Broadway. New York, U. S. A., December 18, 1905."

French physicians, particularly those making a specialty of the treatment of ekin diseases, have for many years re- garded Cuticura as a specific and have prescribed it freely. It enjoys the rare distinction of being prescribed in the Hospital Saint Louds, Paris, one of the largest and most famous hospitals in the world devoted exclusively to the treat ment of diseases of the skin.

SUFFERED FIVE YEARS

Cured by Cuticura.

"I have been suffering from irritation of the skin for about five years. I was two years under medical treatment, dur-. ing which time I was treated by several doctors but derived no benefit whatever from their skill. The first releef I got was from Cuticure and now thank God and the Citieurs Remedies, I am, think, perfectly cured. I'used two, Nets of Cuticure Soa, Cuticura Ointment, and Cuticura Pilly since last October, and I can recommend the Cuticura Rem- edies to any person suffering from the me malady. Edward Mannering, 34, Claremont St., Dublin, May 12, 1906." lat Complete Frumal and lateral Treatment Every Huaweof Infants, Children, and Adults con- ister of CHD Sup to Rerazine the skin, Cuteur

and Cutleum Resolvent Ointment to m

sheries Crated) to Purify the Blok. A Mingle set often inch the world

25, Chanerboue Hq. R. Terustre

Ca.. Aydary: Leguin, Cape Town str; D, K. Paul, Calletta: Potter brew welfare. Corp, Hele Prope Her f'ost-ine, Cuticura book on Sa Dios.

54-1

There is considerable ambiguity in the omission. to state in what dollar currency the the bond is issued are printed on its reverse. In Corporation's bond itself, notably in the

the Best paragraph a reserve of $100,000 makes ita appearance, which is to be deposited with band is payable. The conditions under which the trustee when the Corporation's liabilities derived from lapses, cash surrenders, discounted But it is not sated where etc., oz in other words, from the losses of other In onclusion, we may point out that, although exceed that sum. paragraph, as worded, leaves investors to infer

China Interment Corporation is new to the this sum in, or in what oarrenor, and the less persistent investers. liabilities have reached that figure.

The third paragraph pares the way for the Set 1-ment, it has appeared before in various that they have no security until the Corporation's the scheme now introdaned to Shanghai by the assumption that no accounting is given of the guices in Ameria and Hawaii, where, maior- As far as can be gathered from the wording: the ready collapse of each concern, entailing - only thirty-five per cent of the instalments serious lostos apon the poorar olass of investors. Arat eight months' instalments of each investor. inuately, it het been brought into bad raputa by paid, after eight months, is placed in the bands Hence the necrsity imposed upon the China months, is to go to the redemption fund. At clients by the most careful attention to detail in this point attention must be called to the face it bonds and prospectus, of the traatee; forty per vent, also after eight Treatment Corporation of safeguarding its that there is only one traster, where large sums From the fifth paragraph it is clear that the interest of five per cent which investors are are involved it is usual to have at least three.

31)

JOHN GOODNOW, DECEASED.

shanghai of the death in Rome of Mr. John.

WEATHER REFORT,

Hon. Mr. Pollock referred to the statement of slaim, in which clanss & of the original cher. pleaded that no charter money was dug while ter wat substantially set out, and on that they the vessel was off the charter party. No cotice the wreek was in July-that the vess-1 was off was given to plain iffe nutil August-though the charier, and oharter money was paid for the

On December 10th news was received at plaintiffs then pleaded they were entitled to

Our correspondent refers to a certain incident whole of July. As an alternative claim,

Goodnow, formerly U. S. Consal-General at this Mr. Goodnow went to Shanghai, to Sir Henry Berkeley, proceding, said he the amounts paid in ignorance-irrespective at Cauton. The allusion, apparently, is to the promised upon their instalments, is charged

doit gs of an American Company at that port, against the redemption value of their honde

Paragraph 7 is so loosely drawn that it seems por Geners at Wsabington, the American Consul wanted the Court to get into their minds of whether the charter had been rightly or the respondents we totally wrong in canoeis

leneral at Canton closed a short time ago. impossible that the Corporation intends it to suco ed Mr, T. R. Jernigan as Consul General, exactly what the plaintiffs were claiming for wrongly cancelled. Even if it was found that which, acting on the advies of the Attorney that, if they accept it, they suffer accordingly,

the charter, it did not follow that the appellan in the Giet balow. The writ of summons stated that the plaintiffs' claim was for the sum

Aactice was posted on the building oce pied and the terms ander which, within six months, 1868, and was a son of James Goodnow, Lt.

of kia of $14,000 for the breach of the barter party would succeed on the counter claim. The This Company was managed by a Mr. Edwards, operate as it reads. After dealing with lapses, in 1997. He was born at Greensburg, Ind. in 992, was the act of the United States business, and its books, archives and money provide for the issue of a paid up band to those Goodnow gradualed at the Univer ity of Min- The Chief Justis-Five days have now of the British steaner Salamanca entered luto cancelling of the pharter party in September, by the company stopping it from further the investor ain be reinstated, it goes on to Colonel of the 12th Indians Volunteers. Mr.

perfifics'n baders. Judgement in default in discontinue their instalments. A table of paid-be went to Shanghai: Dar ny a portion elapsed. If it is an important watter thei Hongkong on February 7tb, 1902. Counsel. solicitor should have takea immediate steps then referred the Court to the statement of Government, not the act of the respondents, and on hand were seized for the benefit of the who, after twelve monthly payments, desire to nes ta in 1879 and resided in Minneapolis until olsim, and stated that paragraph 9, paraphrased, the extra charter mouer was lost through the the sum of reveral thousand dollars with costs op ralues is referred to. This table shows that tenure of office he was the B-nior Consul. He was given against the company, in favour of if, at the end of ten years, the investor desires made many enemies and not a few friends, and He has not taken a single stap.

meant that what the plaintiffs did, or what ot of the American Government. For that

esrtain Chinese, Ouly's small proportion of the to cease his monthly payments, he will be given the ofrcumstances which led to his removal from they neglected to do in respect to the charter by act respondents could not be held liable. The

past year a Mr. Edwards has appoached several from its date. The only construction that can now. After leaving Shanghai he was for a time the Cataria to the United States Government, alamanca was wrecked near Manilo, and indebtedness was over recovered. Within the paid-up bond for $40, payable 134 months the portare too generally known to need mention constituted a branch by them of the origins remained in dock for a couple of months. Then prominent residents in Shanghai with a scheme be put upon the wording is that he must allow attached to the staff of the Viceroy at Nanking. charter party. They stated that the appellante she had to start afresh on an entirely new and for the formation of a concern to be ran on another 134 months to elapse before the bond With respect to the similar lines to the China Investment Corpor maiores. Yot be has paid during these ten Sir Henry Barkeley-I understood the mo

The clause providing for a refund of instal brasion justified the United States Govora independent voyage.

ments made with 4 per cent interest in the event tion had been adjourned.

declined to have anything to do with the pro- The Chief Justice-It could not be ad.ment in repudiating the re cherier. What implied contract to hats the ship ready wick ation. One at least of thea who were years instalments smounting to $600. journed.

seemed to him to be the claim of the plaintiffs all possible despatch, as referred to by Sir Henry approached, went into the matter carefully and be submitted to be altogether unreasonable. Berkeley, Counsel argued that an actual breach posals. Mr. Edwards, we believe, is at present of death, provided notice in writing is given home, notice of whose death was not cabled ont It was unreasonable that the origiast charterer of an express contrast--not an implied contra of amploped in the offer of the Chins Investment within thirty days, if strictly interpreted, would

name does not ägare in its literature.

Finally there is a clause stating that the should hive the right to terminats his charter for the failure to pay the Dock Company's Corporation, silhough it is fair to add that his operate harshly on the family of anyone at

Two copies of the Corporation's prospectus merely because the re charter was repudiated bill was not an excepted peril. The vessel was

One copy and controlled by, the laws of the Territory of time. The admissions of noticeable discrepancy in them.

in the Formoss Channel and the China Let it be supposed that the Corporation cap. ing for the sake of argument that the United arrest for some

subject to examination quarterly, by a Char

Al

Hongkong rainfall for the 24 hours ending at six per cent immediately it is received. States Government were justifid in cancelling facts by the appellants showed that this states that the books of the Corporation are Arizons, which is a long way from Shanghai. States Government were entitled to aspel the investors; the other states that the books are Assuming the United States Government to

mbined will amount to about $943, and it charter; the substance of it was that the ship enbject to examination: by a Consular official the end of 184 months capital and interest at 10 s.m. to-day, 0.02 inches. was to be employed continuously by the said like State and National Banks the exact anything this is giring rather foo favourable a

the United have been entitled to cancel owing to the owners default, that the effect cancellation wes to throw the ship back Government, certain happenings exopted, in the prospectus states that the plan of the result, as it has to be remembered (vide terms of today is as follows:-

the first eight months instalments will be fuvest Hongkong & Neighbourhood minations of $1,000 each, with provisioned. The figure given seems to allow little, if any. Formosa Channel... Sir Henry BorkaloyThen why not hear it the hands of the sub-charterers for the 1 the United States had grounds for can.

remedy of the sub-charterers was not to repa. to do so.

for the payment of premiume for 134 months, margin for profit, through a member of the nume pro take; why punish the appellant when purpose of the sub-charior: And that the cellier, it was competent for Carlowitz and Co. Corporation consists of the sale and issue of the boud) that there is no guarantes that any

Hongkong and Lamocks. Sir Henry Berkeley painted out that bad the

at their of this paper that the profits on each $1,000

Bonth seast of China between diste, but to bring an action for damages against

them at soy time I on satisfy you as regards the judgment?

Hongkong sad Hainan.. scorned value,

It is open to doubt whether the small The Puiane Judge-You ought to have the owners to reaver compensation for any loss Dock bill been paid on the 20th, the United and the Corporation reserves the right to Corporation's staff. informed a representative Bouth coast of China between proceeded in forma pauperis. Coats are at the which the gab chatterers may have sustained by Siates would have continued the charter and cal and pay which scounts to the return bond were expected to amount to $4,000,

and in addition to five per investor would not be in a better position, if he bank, on deposit having the ship thrown back on them under the then, he asked, where would respondents have

per cent per

How TO BE BEAUTIFUL Keep your com purchase romlizable plozics, Mrs. Ettan's Crime Charmante, Lait earnings from bonds discounted for o sh, partiatecount, stil from time to time-he-bad- Sir Henry Berkeley-That is not the point. sub-chartar, instead of being more profitsbly-been with their notice of esacollation of the of the money, with interest at the rate of five

whe Wall Why will you not hear me! Punish me if you employed by the United States Government. 15th? 1ho vessel was actually handed over cant the bond-receives its gliare of the surplus invested his instalments in

paid-up bonde, lapses, Blues and transfer fees," sufficiant in band to fo by process of reasoning they arrived at the and was ready to sail when

issue of the bonds is based upon industrials. His savings would then always Charmant and Special Skin Tonic and Pondre. original charterer, whose remedy with the sub-seized, he purposes of the voyage were bothe

frustrated, another shig was chartered and assurity, which mast consist, under the law, be available. It is true that be would miss Charmant will enable you to do it. Her

· now we would ba sazotioning all sorts of Delsys, charterer was not to repudiate, but to bring the only remedy for the delay was an setion for of essh, Government bonde, orfirst mortgage the chief benefit he seems likely to derive from | Specialition for the Skin are the aturly of a lien upon improved real estate, worth at least the purchase of one of the corporation's Botine. A. S. Watson & Co., Ltd, Sole Ages is compensation.

double the amount of the loan, and those bends bonds-the exciting possibility of large profits

Sie Henry Berkeley-Allow me to file a notice now ?

The Puisse Judge-No.

Sir Henry Borkeley-Why not exercise your discretion.?

The Hongkong Observatory yesterday issued the following report:

On the 16th at 11.25 -The barometer N. Chius respectively... be risen moderately to slightly over Japan and

The anticyclonic ares remains over the con tinent to the North of the Yangtze, and

The Paisne Judge-It is not a case of disore. the United States Government, even grant- Parrested by the lock and was kept under appear to be in circulation. There is one contract, is to be construed in accordance with, gradients continue rather steep along the China

tion at all.

The Chief Justice-The solicitor has not taken the necessary saps, so the Court cannot possibly recognies you.

Siz Henry Berkeley-Had I filed the motion five days ago would you have hearil me ?

The Chief Justice-Certainly,

bottom of the whole thing.

will,

The Chief Justice-If we were to hear you

and irregular proceedings which we ownnot do.

Sir Henry Berkeley-Mere irregularities can always be overlooked, and I can assure your

it.

соавт.

The proposition he would argue was, delay frustrated the charter. The Unitedored Accountant, whose report is open to place each stalment at compoand interest Proved, strong moonsoon will continue to

of the

sotion against him to compel him to carry out the sub-charter.

The case was adjouensdy

boude,

The bonds are issued in deno

com

et

Rea.

The forecast for the 24 hears ending at noon

N.toN.E. winds,

1

fresh; fair. -

N.E. winds,

strong.

"

Bamess No. 1

Same at No.2.).

364