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right to construct the Fakemon line parallel TELEGRAMS.]

or nearly parallel with the South Manchuria Railway had been admitted, it would have bean impossible to deny her right to con- struct a competitive line at this end of the Empire, which we certainly have been protesting against at the first suggestion of its likelihood. The Japan Daily Mail deals

[“DAILY FRIES” BECLUSITE SAATIO8.)

FURTHER NAVAL DISASTERS.

LONDON, April 29th,

The torpedo boat destroyer “Gala” has been sunk by the scout Atten- Eng.-Lieut. Fletcher was killed tive," Its

bat the other members of the crew of the "Gala" were saved. The "At- tentive," temporarily unmanageable,

CO., analytically and lucidly with the arguments of the Newchwang Chamber of Commerce, which were published in our columos. best point seems to be as follows:

It seeks to prove too much. Thus, after denying that branch lees ranging westward from the South Manchuria Railway system "would be a sufficient substitate for the proposed

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SUPREME COURT,

Wednesday 29th April..

IN ORIGINAL JURISDICTION.

BEFORE THE CHIEF JUSTICE-

(SIR F. PIGGOTT),

"CRIMINAL CONVERSATION" ACTION. The action brought by Thomas Alexander Mitchell against John Lomm was a trial of Seane of law. The Hon. Mr. H. E. Pollock, KC, intrusted by Mr. Stevenson, of Messrs. Daroon, Looker and Deacon, appeared for the plaintiff and Mr. M. Blade, instructel by Mr. J. Boott Härston, sppiared for the defendant,

The statement of claim was :

Any jurisdiction which the Gourt had had been abolished by the Ordinance of 1858 and had- mat bean revived sinon, and be argued that it was clear from the statutory law In the Colony that action for criminal conversation had been abolished here and the equivalent action which had been given in England had been dollberately withdrawn from the courts of the Colony, There was no jurisdiation to notertain the action,

LAW REPORT, APRIL 2.

JUDICIAL COMMITTER OF THE PRIVY-

COUNCIL

(Proient-The LonD CHANCELLOR, LORD ASHBOURNE, Lord MacNauHTEN, LORD ROBERTSON, LORD ATKINSON, and Lorr COLLINS.)

بھی

BBURN Y. THE KING (ON THE PROSECUTION OF TRE OPIUM FARMER),

· THE IMPORTATION OF OPIUM, This was a a petition for special leave to appes! from a judgment of the Supreme Court of the Straita Settlements, December 19 lant

Mr. Danckworts, K., and Mr. A. M. Latter were counsel for the pertener.

Fakumen road, the Resolution of the Chamber collided with and damaged the der employment of the Lado-China Steam Naviga- friend relied. That Ordinance did not parport Opium Ordinance Act, 1996. That coavilion

adde that each lines would necessarily do

incaloul.ble injury to the prospects and trade of the part of Newchwang, which is the natural outlet and distributing base for the country in question by diverting from it to Tairan its legitimate trada." If this proposition be care fally conside od, it amounts to a dit inot

admission that the Fakomen road would be seriously detrimental to the prosperity of the South Manchuria Railway, For it by substitut ing for the Fakumea road feeders of the South Manoburis, Railway ínoaluxlable injury would be done to the prospects and trade of

scusiderad solely

37

Ex

stroyer Ribble."

In addition to these an explosion has taken place on the battleship- "Britannia" whereby five men were injured.

REUTER'S SERVICE]

(1) The plaintiff is a master mariner in the

tion Company, Ltd, of which Jardine Matheson and Company Ltd. are the agents in this

asluny,

(2). The defendent is an architost of No. 65 Qean's Road Geatral, Victoria.

Mr. Pollock submitted that section 9 of the Interpreting Ordinance did not apply to the viroumstances of the present ones. His Lordship would-res that that-Ordinance provided that it. The petitioner, aptala Bruhn, who is mas- should not be considered as reviving anyter of the North German-Lloyd steamship enactmente previously repealed unless words were

Derawongsee, way, on July 19 last, convicted, sta Singapore pollos-court, and fined $2.000 addad expressly providing that, They had to for importing chanda, which is a preparation tara to the Ordiamos of 1859, upon which his of opium, in contravention of, section 73 of the to repeal any previous omnatments but on the was affirmed on appost by the Supreme Court. contrary it obviously purported to extend to of the Straite Settlements. The principal petition the Colony cortain provisions contsiaad in points sought to be raised on the

were:-10) What constitutes the varions Imperial enactm inte. Therefore he for the importation, it put us of a shi would submit that it was clear that the within the meaning of that section, NO S provisions of section 9 of the Interpreting to reader the master liable; and (b) how far Ordinance of 1897 were not applioskle to the evidence that opium or chanda has been found on board compels the Court to convict the master, of December 1914 and on divers other datcaoircumstances of the present case. Ia other when the master and owners are ignorant of its before and after the said date, wrongfully, words Ordinance 5 of 1838. baing repealed sxistence on board and are proved to hare wickedly and nojustly debauched and ` carnally by the Ordnance of 1860, the force of taken every reasonable precaution against its being there? The petitioner urged that the Courts below were wrong in construing the the wife of the plaintiff and baring his name. sa action for damages for oriminal con 73rd section as meaning that the

(§) In couumqusada of the exid misconduct

versation was conticued by the Ordinance of the dafandant with the said Hearinkta of 1860 and continued at the prass at time. Maud Mitchell the plaintif ook legal Were it not so a man who sought damages for proceedings in the First Division of the gritainal conversation would have no remedy. Court of Sion, Edinburgh, Scotland, against the said Henrietta Maad Mitoholl; his wife, praying for a divorce from her où account of her misconduct with the said defondant,

(3) The defendant on the 12th and 13th days of October 1994 and on the Ilth and 12th daya

Chambers argument in ocanidan moiety with THE CRUISE OF THE AMERICAN know on Hourists and Mitchell, then being Ordinanca 6 of 185,an fogarden bringing

then

reference to the Chicéns railway system, dees it not plainly follow that the construction of the Fakumen line would do incalculable injury to the prospects and trade of Tairon, in other words to the prospects and trade of the South Manoharis Bailway?

But for our part we see no reason now to debate the point whether the British Syndicate's undertaking would be detri mental to the Japanese line. The British Goyerument has decided that on that point the Japanese decision must be accepted as final, and as Japan's decision is against the Heiamintuu-Fakumen line, there is no more

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FLEET.

--LONDON, April 27th, Canada has invited the American . Pacífic fleet to visit Columbia.

THE MEMORIAL SERVICE AT

WESTMINSTER ABBEY..

LONDON, April 7th.

The King has directed that the flags on Government buildings be hdf-mastel to- day, on the occasion of the service in West minister Abbey. The Prince of Wales will represent the King and Queen.

LATER

Westminster Abbey was thronged at the Memorial Service to the late Sir Henry Thore wore five plague cases yesterday, mak. Campbell-Bannerman, and there was ing the total at date 117.

..................

We are asked to my that the Rev. Arthur

D. Stewart, M.A. will give a fantera lesture this (Thursday) evening at 6 pm, in the British School, Rebingon Rind, Kowloon, illustrating the work of the Church Missionary Society in and around Hongkong. The lecture ig arranged Lin connection with the Juvenile. Auxiliary of the Hongkong C. M, Association, and is free

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Hongkong, 30th April, 1908.

--20

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Telegraphic Address: Pass, Codes: A.B.C. 5th Bd. Bieber, P. O. Bon, 34. Telephons No:12.

HONGKONG OFFICE 19A, DES VEUX ROAD LONDON OFFICH: 131. FLERT TERET. E-C

The Daily Press.

T

HONGKONA, APRIL 30TH, 1908.

Rudyard Kipling in his Letters to the Family from Canada" has the following-In reply to the question why they preferred Scan dinavian settlere, "The answers were explicit. "Because the Homelaubs-men and loafers sont out here. Because the English are rotten with Socialism.. Becsuss the Euglish don't fit w.th ear life. They kick at our way of doing things. They are always telling na bow things are done. in England. They carry frills! Don't you know the story of the Englishman who lost his way and was found half-dead of thirst beside a river? When he was asked why he didn't drink, he said: How the dense can I without a glass?!?!

ап

enormous crowd outside. Thres carriages iled will Bowers headed the procession from Downing street to the Abbey. The Prince of Wales, all the Cabine: Minte

era, the leading Politiciaus, Ambassid ›ra Ministers and M. Clemenceau were prejeut

THE KING IN STOCKHOLM.

LONDON, April 27th.-

King Edward replying to the toast at a banquet said be entirely concurred with King Gustaf's favourable views concerning the Baltic and North Sea Agreements, and conduce to the peaceful-development of the Northern countries and the maintenance of an everlasting penes.

CORRESPONDENCE.

RINDERPEST ENDED.

[TO THE ADITOR OF THE "DAILY PRESÓ,”|

Yours truly,

29th April.

In reply to Mr. Eyes, M.P., who pointed out that the mortality from fever da India is greatly in excess of that occasioned by other Rinderpest at the Dairy Farm, the 'impression 812,-In your report in to-day's issue, of diseases, and that opiam is a recognised apes fieis given that disease is still existing there. The rnd an absolute necessity to certain raos and object in bringing the subject before the tribs for the treatment of this disese, and Sanitary Board was to state that the outbreak asked whether, in the arrangements for reducing of Rinderpest was at an end. the cultivation of opium the supply of sufficient quantities for use for medicinal purposes will be safeguarded, Mr. Morley states, that he has no doubt that in any further regulations which the Government of India may make for the restriction of the opius habit in India, the special circumstanoss of particular tribes or race, necessitating a supply of the drug for medicinal purposer, will receive due consider- ation.

Manchurian Buanoes."

ADAM GIBSON, Colonial Veterinary Surgeon.

INTERESTS IN MANCHURIA.

AMERICAN SUPPORT OF CHINA.

Washington, March 31.

(5) Eventually, namely on the 7th day of November, 1903 and after evidence as to the said misconduct had been taken on commission in Hongkong, the avid Court found that im- proper conduct between the defendsat and the said Henrietta Mand Mitchell had been proved and pronounced & decres of divoros against the said Henrietta Maud Mitobeli no :ordingly."

(6) The costs which the plaintif bas either paid or become legally liable to pay of and insidental to the sală divoros proceedings amount to the

arm of $15 175.10.

by the defendant to the plaintiff of the sum The plaintiff thereférs claims (1) Payment

of $10,000 as damages for the improper and set

of the defendant in otnnsation with the sid Henrietta Maud Mitchell and also payment by the defendant to the plaintiff of the farther sum of $15,175,40 being special damages incurred- by the plaintiff of and in connection with the said divorce proceedings.

Mr. Slade zid they appeared to argue a question of law which arose on the pleadings question which was raised under the modern practice in the place of the old demurring. He

a

JA namut The annes of, antian

His Lordship-3upposing in 1819 there was an act giving the right to bring at action in this Colony, and it was expressly. des troyed in 1858 and that the destroying

statula was itself destroyed in 1860, does

that revive thenight of 1849 ►

Mr. Pollook-Yen.

His Lordship pointed out that Hongkong being a coded onlony there was no commo law here, The sommon law of England was introduced here by gtatate and therefore be same statutory law.

an excons amount of chanda on board a ship should be deemed conclusive evidenes of the wrongful user of the vessel, and in holding that the Court were bonad lo convict upon the. mere existence of such evidence, unless it wa proved both that reasonable precautions to that none of the officers of, or any person prevent_the_wrongful wer had been taken and employed on board, the ship were implicated.

Mr. Danskweris, in supporting the petition, said after the vessel had left Swatow she trice searobed by the officers of the ship and no oplum, or chandu, was discovered. The orth Garman-Lloyd Steamship Company were very strict in the observance of the regalations as to opium, especially as their vessels trading in the Chines passengers. At Singapore the parton Far East had in part Chinese orews and serriet called the opium farmer, to whom a Government monopoly a opium was granted, received Mr. Follock continuing said that the defend- permission to search the ship, but found nothing.

Next day a Bacond search was made, and in a aut could not be joined in the divorce proceed.feboat, hanging over the side of the Fessel, a ings in Scotland, and this was the only course open to them, His friend contended that the Act of 1897 restricted their right to bring an sotion for the recovery of damages and yet they were not to bare the alternative right

under 33.

Judgment was reserved.

AND THIS IS THE 20TH CENTURY.

THE PRIEST AND THE BRIDE

Last-wouth, at an Irial town called Boyle, a man called Ftyan got married at the Registry office. This incensed the Priest, who apparent ly can infance all the hooligans in the place, and got them to forcibly separate the newly

married pair on the same evening,

The Daily Graphic says on March 26th that

that the clergy were willing to condone is two days before the bridegroom

om was informed

offence of marrying in a registry office so far as to allow him to see his bride, provided that no attempt to carry her off before Lent was over was made.

was in fact domurring to the statement of claim se disclosing no caro of action which was was set out in paragraph S, and paragraph 5 set out that decree had been pronounced and stated the amezat of costs which had been paid by the plaintiff These were items of special damages. There was no original claim upon the divorce proceedings because the defendant Flynn, under escort was accordingly permitted was not a party to them. As his Lordship"a few moments" interview with his wife, the would see $10,000 wes claimed from defendant escort telling him that any attempt to go against for improper conduct in connection with Han- the wishes of the clergy would be dealt with by rietta Mand Mitchell and the further sum of the people of the place. $15,000 was claimed as special damages inorrod by the plaintiff in connection with the said divorce proceedings. The plaintiff took pro was not a party to these proceedings, needings against his wife ouly. The defendant

His Lordship He was not a party 2 Mr. Blade-No..

Mr. Follook-He was not within the juris diction of the court in Scotland.

Mr. Slade That is a matter which we need not argas now.

His Lordship-I don't know what the point of law is,

it

Tho, parting between Flyna and his wife was most affecting, and he was escorted back to his own house, outside which a crowd of watchers is posted. Horns are blown continually outside the bride's house at night to show that ahe, also, Lis being watched Figan has been informed that he will be allowed to live with his wife from Easter Sunday, and nutil then he is virtually a prisonería his own house."

quantity of chaada was found under a seat plank, which had to be auscrewed to discover it. There was no proof that the ohandu was not deposited in the lifeboat while the vessel was in the harbour, and it was somewhat remarkable that those conducting the second's arch went straight to the lifebost and unde the discovery immediately. The water and offloors were entirely innocent of any knowledge that the chendu was there, or of how it got there, In those circumstances the Courts considered that, under the Ordinance, the mere pression convict the master. The user of a vessel for of the chanda on board made it obligatory to the importation or carriage of opium resdered the master or owner liable to a flus not exceeding $5,000 and to the detention of the ship until it was paid He submitted that the user of the ship must be by some person having the dominion or governanes of it. It was too much to say that because some unauthorised

of the infinitesimal amount per koad allowed person on board chose to secrete or to have under his control an amount of opiam in excess to the Chinese sailors and pissengers between port and port, the master, as in this instance, was liable to a heavy fine. The progenation was instituted by the opium farmer, whose business, of courau, was to protect his monopoly,

The Lord Chasavalior said there was another side to that argument. The surreptitions and illegal introduction of opium into a country was Government and the law than any particular a matter which more deeply affected the

individual.

Mr. Danckwerts concurred; and, submitted that the questions of law fuvolved in the eme were of great general interest to the shipping authoritative desision by the highest tribunal community in the Far Est, and required in the Empire.

would humbly advise his Majesty that special The Lord Chancellor said their Lordships leave to appond should be granted on the usual conditions.

THE SOUTH MANCHURIA >AILWAY.

That sort of thing is enough to make oven a mild oltizen ory "Down with priestoraft."

It may be added that Lord Ashtown, in his pamphlet "Grievances from Ireland," give Tairon that the authorities of the South It is stated in the "Asabi's" telegrams from formidable Bat showing bow and "to wast an Manohuria Railway have slightly changed their enormous extent the lawless United Irish programme. Some time ago it was announced League ia indebted to the priests for active that they proposed to open traffic on the wide- support." Ono_or_more priests presided or gauge railway as for as Binkdes from the month spoke at seventy meetings in December, at 8 gauge at that place. This would have been s

of April, transferring goods to the narrow meetings in January (over a hundred priests) obviously olamay arrangement, and it has now and at a similar number in February. As most been decided to continue the use of the narrow of these meetings there were incitements to gauge until the wide gunge oon be opened right lawless violence against the Government,

through to Kpangohantes, which will be in May the 20th of that mouth is given as the- exact date. When this change is made, the

recently appeared in the Press. respecting the against the comparative inferiority of the BRITISH TRADE MARKS IN JAPAN, new rolling stocks will of conas come into m

sad we may then expect to hear no more of the appropriation of British trade marks in Japan, service. In every osse the complainants fail to With reference to statements which have thoughtless complaluts hitherto formulated

the Board of Trade desire to remind British notice the obvious fact that, pending the owners of marks used in the Far East of the widening of the risks they ren by failing to register their marks compelled to employ the old rolling stock the Japanese were practicable steps to protect their interests attor beginning of the war, sul which was designed in Japan, and of the necessity of taking all which had been sent over to Japan at the registration: They also desire to direct the for military purposes selsly, not at all for attention of all arms whose produste, bearing stock is said to be of the most modern desirip- ordinary passenger trafle: The new rolling marks duly registered, are or sale in Japan to WAI

marks against infringement of adding on their that on the Russian and Chinese lines. "The the precaution as ono means of secarlag their tion and will probably prove not inferior to labels, in Japanese characters, the words. E. Japan Daily Mail.” precaution has been suggested by his Majesty's gistered Trade Mark." (Toreku Shohyo). This Embassy in Tokyo with a view to preventing infringers of marks from setting up-as-s-defence

which is understood to be a valid defence in a that they were ignorant of the fact that the trade mark in question was a registered one, criminal action in Japan.

Mr. Slado-We are agreed he was not a party. Now, my Lord, this osuse is the old The Newchwarg Chamber of Commerce

cause as to criminal conversation, a short cannot, in all probability, consist of many

history of which is given in Pollock on the Law of Torts. Mr. Iade quoted, the ohi law merchants, and of its comparatively small

which regarded a wife as not being a free number of constituents it would, be un-

It is learned at the State Department that agent as regarded har husband who could bring It is alated in a Mukden telegram to the representations have been made by Easels ça reasonable to deny that some may have" Asahi" but in consequence of a strong app at the subject of the attitude of Mr. Fisher, the an action against an adulterer for damages fallen under the influence of what our by Tang Shao-si, Gyoruor of Mukdeu, in regard United States Consul in Harbin, who, in Wise in the same way as an action for damages for

arrival at that place in Jaunary, 1907, has Tientsin correspondent has called the un- to the present financial difficulties in Manoburia, consistently maintained that he is accredited trespass could be raised. This was purely a reasonable nati-Japanese sentiment that has requeat to be allowed to float a foreign lean of red tissier. Governor, and the foreign Law Courts with regard to actions for damages the Peking Government has complied with his solely to the Chinees Government and has common law case. He argued that the Act apported the protante addressed by the Taotal of 1857 abolished the jurisdiation of the Common beon and is being assiduously cultivated in Tools 20,00,000 guvranted by the Finance Consuls against the Russian claim for the by a husband against a man who has committed the north. In these circumstances, it may Department. Taals 5.004,000, will be utilized establishment of independent municipalities at be that we are not obliged to nesept its by the Department, while the remainder will Harbin and Hailer on the railway territory: adultery with his wife and transferred the lond with regard to the Fakumen Railway be employed in Manchurin. On his way homo The important fact bas also been ascertained entire jurisdiction to the Court for divoros

that Mr. Fisher was not acting on his own question. There is our ratural inclination to us from Peking, and they will call in tiative in declining to seek the permission for criminal obaversation could be brought and matrimonial causes. Up to 1857 a cause on H.E. Yuan Shih-kai to ask him to transfer of the Russian offolale in Manchuria to to support the interests of a British Synthe gold mines on the Amar, and some ofkers exerciss his Connaler functions. On the in England in the Common Law Court dicate, of course, and incidentally it may be which are nader the control of the Viceroy of contrary, it is understood that he is simply but after that year

abolished as well to admit th

that any British support of Pechili, to the jurisdiction of the Viceroy of State Department to bring about, through proper Probate and Divorce Court. The jurisdiction carrying out a carefully-considered plan of the and the jurisdiation conferred on the the Newchwang Chamber's attitude would Manshuria for the purpose of relieving the moss, the recognition not only by Russia but the Cearbia Hongkong was regulated by the be, ou the face of it, pro-British rather than

also by the other nations interested in Manchuria of the integrity of the Chinese possessions. pro-Chinese No ano believes that Japan

Supreme Court Ordinance of 1873, and in It was long ago perceived that to admit the dealing with that at length be argued that any fought the Rassinus with the purely al-

political control of either Rassis or Japan over law in force in England which had been The so-called "railway zɔne" in Manchuria, traistic molive of restoring Manchuria to

The Times correspondent dated the following depote, and capable as they are of indefinite which was inapplicable to the circumstance of including as they do the principal commercial repeated by the Ipoal Legislature was a law the Chinese, and we are not going to lend

telegram April 2nd. I arrived bere, travelling expansion of their boundaries at the whim of the Colony. any countenance to the suggestion that the overland from Tongking through the provinces the lasseholders, would soon completely defeat anti-Japanese motions of the Newchwang of You-nan, Kweichau, and Hu-san pleasut Mr. Hay's dream of the open door in Anacharia. · His Lordship-It has never been decided. merchants and others are inspired solely by friendliness- from all classes. The remarkable adopted by the State Department, the very way contrary to what my friend contenda son or firm before July 1, 1899 (the date on

journey, in which I met with invariable Therefore, a quite definite policy has been

Mr. Pollock-I think it has been decided in movement in restricting the growth of the foundation of which is the application by Ameri- desize to see the Chinese sovereignty poppy, which I reported from Yun-nan, has an Consular officials in Moncharis for Chinese was paard Bill was passed in England Mr. Slade added that before that Ordinance restored intact. The British Government's not extended to the adj sintag province, where exequstare. This is by no means pledging to decision is against the British Spudicate and large sunbors of opium dans have been is fully supported in its policy by the great of England and that Act was subsequently onltivation anchecked, though even there Japan, but it is believed that the United States repealing all the archaic criminal laws against Chinese olaims in this instance, and closed. There is a noticeable incrasse in commercial nations of Europe which have large extended to this Colony by an Ordinance of the Hongkong has very good reason for falling the likin barriers, China with incredible folly trade interests in the Far East. into line with the Imperial Government, in loss of opiam revenue by further impending apparently expecting to recoup the antisipated

Legislatore, Any other interpretation would work frightful ohaos in one law. A law was the fact that the Japanese provision for trade, upon the unhampered movement of which Nat Gould, that prolife and popular sporting inapplicable if it had been repealed by the icoal bidding a competing line is practically in the number of modern schools and in the market. A Hundred to one Chance," published

depends China's future prosperity, Aninorease writer, has another of bis productions on the Legislature, duplicated in that convention with China by craving to learn is to be observed, but there is in paper covers xt 6d., is a sporting story with a

His Lordship-You mean this does not revive which Britain safeguards the interests itself competent teacher. The dramatic love interest and a certain to appeal old laws, which were repealed by the Act of 1873 country generally in prosperous, and the to many readers. Mr. John Long, London, is Mr. Siade-Yes. Proceeding he said that the of the Kowloor-Canton Railway. If Chins's harvosta are good."

the publisher.

had no jurisdiction to entertain this motion

OPIUM.

gauge,

WEATHER REPORT.

The Hongkong Observatory yesterday isted the following Obse

has rise considerably over Japan, and fallen Oo the 29th at 11.55 sm.The, barometer slightly in Tongking.

expected in the Formosa Channel, and along the relatively low over the N. part of the Chins See Pressure is high over the Yellow Son, and Fresh or strong N.E. sad E. winle may be Northern shores of the China Bea

Hongkong rainfall for the 24 hours ending. at 10 a.m. to-day, 0.17 inches.

According to the Japanese trade marks law, with, or similar to, marks used by another per marks cannot be registered if they are identical

such marks have been continuously in use in which the law came into foroa), provided that

receive particulars of all marks fulfilling these Japan since that date. It is understood that the Japanese Patent Bureau are prepared to conditions, with a view to minimising the today is as fol

The forossathe 24 hours ending at noon possibility of infringement, and it is supplied with as little delay as possible. It that

suggested particulars of such marks should be Hongkong & Neighbourhood

(E. wlads, fresh should be mentioned, however, that in the

or strong; squally, rainy, evont of tasks identical with, or similar to,

N.D. wind marks in usa in Japan before July 1, 1899,

strong. having by fandortenes been placed upon the if more then three years have elapsed from the register, they cannot be removed therefrom date of registration.

Formosa Channel... Benth coast of China botween Hongkong and Lanton Bouth coast of Chins between

Hon font in Hano

Same as No. 1

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