1908-09-19 — Page 3

Page

SUPREME COURT.

Friday, 18th September;;

IN ORIGINAL JUMISDICTION, BAFORE BIR FRANCIS PIGGOTT (CRIBE. JUSTICE),

THE HONGKONG DAILY PRESS. SATURDAY, SEPTEMBER 19TH, 1908.

The Wang Fang could not have received anything approaching that sum at the time it was required unless (allowing for premium and interest)

prastically tho

His Lordship aid-I have taken time to

consider my decision in this case, and am delivering a writte judgment because, although the actual amount involved is only the small sum of $12.50, the question I have to daddo is fees from consignees in the colony. as to the right of forwarding agents to collect

23.

must be taken, I think, to be that the vendors | were to select the goods ordered by plaintiff and Sispalob them in the proper customary manner by a carrier selected by the vendor. The purchaser was to pay for. the geods by scoeptance of the bill drawn on him by the vendor and be was to pay the carrier the sam dne under the contract of

carriage entered into by the vendor as his agent What thee was the sum due under the contract

appeared for the plaintiff, while the Hco. r. confederates, and it carried with it all the The plaintiff who trades in Hongkong as Hongkong, the costs of this transit being paid

H.E. Pollock, K.C.-instructed by Mr. H. J. Gedge of Mesars, Johoron, Stokes & Master) represented the defendante,

"IND COOPE'S STOUT.

LIGHT PALATABLE AND WHOLESOME.

QUALITY AND CONDITION UNEXCELLED.

PER DOZEN QUARTS...

MINTS SPLITS

BOLE AGENTS

$1,15

2.85

1.50

H. PRICE & CO... LTD.

WINE, SPIRIT & CIGAR MERCHANTS,

12 QUEEN'S ROAD CENTRAL

TELEPHONE No. 185. Hongkong. 16th September, 1908.

the China Express Co., the claim being for the delivery of 10 bags of fire brisks ex the steamer "Indiana," the property of the plaintiffs, which was wrongfully detained by the defendants, same number of billa, had been negotiated inor, lu the alternativa, the value of sugh bries, 1897. But Mr. MA Fat Ting said he did not do $120, Mr. G. B. Morrell (of Messrs. Coldring this, but began in a smaller way a few at first, Barlow and Morrell) appeared for the plsistiffs, THM HONGKONG AND SHANGHAT BANK SUED, then more, then more still, till at last the long list and Mr. P. Sydenham Dixon (of Mr. R. A.

in the particulars was reached. Bat, continuad Harding's office) for the defendants. Judgment wis delivered in the notion brought by Lan Man Che, otherwin Lan Hokis Lordship, that would not do either, because as there was no question of renewing bills, but Shan, to recover from the Hongkong and only replacing bilis at maturity by new bills

of carriage? I will go back to the original Down Company. It is clear that this was not Shanghal Hauling Corporation 34 title deeds which supplied the funds for meeting the old

contract between plaintiff and the Hawley a F.O.B. contract. Plaintiff ordered the goods which, plaintiff allegre, are his property, and one, as well as some more cash for the Wang are wrongfully detained by the defendant. Mr. Fanghe ones on its dusrcial side broke M. W. Slade, instinoted by Mr. J. Salt down completely: it destroyed the whole theory

on the understanding that he was to pay his soceptance and that the vendors were to provide Farsion (of Messrs. Fwens and Harston) of the oase set up by Ms Fat Ting and hi

The facip of the case are shortly as follows: the goods and arrange for their transit to elaborate flotion on which the case was reared

William Barker and Company, sant an order by the purchaser. Now, the contract for carriage that the pressing and immediate necessity for

on 28th April last to a frm-ke Hawley is contained in the through bill of lading. It raining 1,600,000 in Hongkong to pay the

Down Draft Furusoe Company for the is there provided that freight and disbursements royalty was the cause of the negotiation of theso bille to the bank. And it must destroy supply of ten cares of are bricks. The are to be paid as per margin, and by olause 2 es a necessary conseqnance all the evidence as vendor delivered, tho goods to the firm of jit ja agreed that the forwarders aro to have a ask your Lordship to say so in the judgment.

A. Post and Company, freight contractors of New York, and received from them the document which is entitled a through bill of lading, and which is in effect a receipt for the goods and a contract for carriage. This document was signed. "A H. Post wad as forwarders, was endorsed in blank Company" by the Hawler Down Company and sent by them to platutik, with a bill for the prior, which was accepted by the plaintiff. This through bill of lading contained a notios that application for delivery must be made to the China Express Company, Hongkong. On 20th August the defsulants, the China Express Company, received a bill of lading comprising these and other goods signed by the New York agents for the U. 8. and Chine sod Japan Steamship Line, and endorsed in blank by A. H. Post and

Hie Lordship in the course of a lengthy judgment asid two preliminary objections were taken to the jurisdiction of the Court. The

rst was that the action related to the tille to to authority to pledge the deeds in the way in land abroad, and therefore the Court must which the pledging was done. He must there. decline to entertain it The general principle was a femiliaz ore, but it did Lot apply to thi for reject it. But it was said that putting all The right to the possession of the this on nne side if it could be proved that the documents of title to the land was, it was true,money raised on the last series of bills, those in question in the action, lid in fact go into the in issue, but the question involved was the right offers of the Wang Fung, then his view of the of the deferuante to retain them, and the right being wrong, the Bank could recover. In claimed was that they had a charge upon them order to prove this some books were tendored in or upon the land represented by them. The evidence as the books of the Wang Fong and Case was covered by at least a dozen aathorities the question arose whether he could receive in which the English Courta had dealt with them under the Evidence Ordinance. He could mortgages of lande abroad by way of fore-receive such books if he was satisfied that they closure decree. The charge, if it existed, was created in this colony, the parties were in the, were what they purported to be, and also that calony, the decres could be enforced, and there they were regularly kept in the ordinary way of Jore-all the elements were present which the business. The books were produced by So Pat English Courts held to be sufficient to entille Ting who said he was the accountant of the Wang Fang, but they bare no name of the them to exercise jurisdiction. The second point

he and

Mr. Morrell-If defendants were not justi-

fied in taking the goods from Kowloon I would

His Lordship-If you tender $5, They ought to pay to take them back.

Mr. Morrall I shall certainly-tender $5. Hia. Lordship-If you had done- Mr. Morrell... I did not know it was NCCARRATY

We are in th until you gave judgment.

Mr. Dickson-As a matter of faot it was to position of having to pay the carriage back owing to their illegal act." their advantage to have the goods over here, Plaintiff has a business on this sida.

His Lordship-In the circumstances Lam not going to make any order.

ACTION AGAINST A CINEMATOGRAPH PROPRIETOR

In the notion brought by Fan Yn to recover $150 for wages from August Danfresne, his Lordship gave judgment for defendant.

AT THE MAGISTRACY.

was that the defendant bank had instituted Wang Fong inside or outside. So. Pat Company. On receipt of these doon.ling to pay and did in fact-tender to the Thursday morning was ploed before Mr. J.

proceedings before the Namhoi Magistrang at Canton in respect of the question raised in the notion, in which it was said that the plaintiff had appeared as defendant, thereby submitting He in the jurisdiction of that magistrate, might remark that the facts in so far a

them

from

the last ten

Company for freight. Now it appears that the the defendants with, whem, as be rightly say stolen. His Worship Seed the defendant $10,

A native who was found in the mortuary on R. Wood yesterday on a obarge of trespais. Inspector Robertson informed his Worship that and a quantity of piping in default fourteen days imprisonment. the mortuary had been twins braken into during

Sapper Harwood of the RG.A. was charged manier whereby a bench of the peace might Defendant pleaded guilty, stating that he was have been osasioned en Jaly 4th-

Complainnat told the" Court the way the under the islands of drinks. defendant behaved on a tram ear on the night in question, stating that is language was so his mouth to stop bin. When witness w the commanding floor, bo was informed that disgusting that a comrade put his hand over it meant a civil case. He had received a letter of spokegy from the defendant.

the plaintiff in this notion was concerned, the lottery business, being illegal in Hongkong goods which might arrive consigned to him might, I suppose, have put the goods on board bafore Mr. Kemp with behaving in a disorderly.

themselver, charging the plaintiff their coats of so doing as part of the price and drawn on him for that amount. They would then bave sent him the ship's bill of lading direct and he would have been given delivery on payment of

general lien on the goods for freight, insurance; and charges advanced. What then is the amount which is to be paid by the shippor or the consigure and for which the forwarders are to have a lien on the goods carried? There is a reference to the margin, but as a matter of feet the amount is not entered on the margin of this document. Referring to the memo, from the forwarding firm in New York to defendants, their agents in Hongkong, I find that the totalamonat to be collectidis. 810,14 gold. This total is made up of four leme three of which speak for themselves corn freight, inland freight, and cartage. The fourth item is one of $2.50 for forwarding. This, I suppose. represents the foe expenses and commission charged by the New York forwarders. Now this amonat, the plaintiff was perfecily wil defendants. He says, however, that his menfe the defondant company sent to the liability must be limited to this amonat and he Ting Baid incidentally that

plaintiff an invoice claiming $17.50 for their bis assistant bad copied

he has no contract and to whom he had ng books. Beyond So Fat Ting's statement obargos in addition to the sum due to Peat and objects to being charged anything farther by that they were Wang Fang books there was.

plaintif bad previously not Bed the defendant nothing to make the court believe that they were

company that he would pay no charges to them pravionty given gotice that he wished to have In order to account for the absence of the nam

and that be desired them not to berdis nothing to do with them. Now the vendors of the firm on the books it was pointed out tha

He returned the invoice stating that he had it would naturally not be put on them, but the contents wore harmless enough, and he had alrendly derived the defendant company not to handle his goods and he refused to pay the nothing to do with lotteries. Bat the meat cursory glanen at the contents--and it was defendant's charges. He then received from necessary that he should at least look at the the defendants another invoios dited 25th contents in order to see if the requirements of August claiming $12.50 for obarges, and a letter the Ordinance were satisfied showed that of advice with an endorsement asking if he re- feed the cargo and stating that aspecial lending could not be arranged unless they had previous they were no more the Wang Fatg books thon was his note book. On the face of them they

nétice. Some correspondence followed and en were the ordinary books of a regalar bill dis- counter. There was the profit or loss of each August 22nd the plaintiff went to the office of tho defendant company and tendered the amount set of transactions totalled up at the bottom of

zch account. There was no evidence that of freight claimed by Post and Company, But the Wang Fung carried on the business defendants refused to accept it or to gives of till discounters. There was evidence that delivery order onlara heir charges were also they raised money by the sale of bills in the way paid. On August 2611 defender's removed the described by Ms Fat Ting, but the books show goods from the Kowloon Godowns to their own ing these transactions would be quite different premieres in Hongkong, and defendants' manager, from, the books produced, and he was satisfied Mr. Hickie, explains that he did this for cou- that of the face of them they wore not the venisuce as he was moving other goods which books of the Wang Fung, but of some other had come under the same bill of lading and it was cheaper to move them together. Finally, firm. The item in No. 2 book relating to a transaction in yarn was of itself almost sufficient defendants would not give a delivery to warrant their rejection. He always strained order in return for the freight, except on a point not to rejest books of account which it payment of their charge of $1250 appears a to $5 their agendy and as to $7.50 the was the policy of the Evidence Ordinance to make evidence, but he was perfectly certain that cost of bringing the goods over from Kowloon). and compared with the balance sheets it would livers up of the goods or their value and be with the Wang Fang, except the Wang Fung to Kowloon where be required them. Now this Canton account itself, which showed pretty being an action of detinue the first question to plainly that they were the books of some other sider is whether the plaintiff has the pro

possession. Bam, apparently the Lai Hing, and that the perty in the goods he claims and a right to Weng Fang had an account with that firm. The facts failing to establish the case which, an be had said, might possibly have been established in law, judgment would be for the plaintiffs with posts.

reasons.

86, and apparently for several the ocean freight. They have not done It would have been necessary themselves to arrange and pay for the inland freight and cartage Very possibly they did not care to undertake business of this sort; it is quite probable that they have not the necessary staff. Then again it appears that they had several pateks of goods for Chira and it is suggested that by shipping them all under one bill-of of freight. The arrangement they made was lading they might effect, an appreciable saving

they had the implied authority of plaintiff not an unreasonable cus ard one I must hold, to effect on his behalf

His Worship, look this into consideration, and imposed a fine of $10.

Sergeant Caygill charged 'eight natives

Mr. H. K. Holmes represented five before Mr. Kemp yesterday with atowing awey

defendants, on the ea. "Prinz Waldemar" to Sydney.

Ave of the

Captain Saaden of the Prinz Waldemar" stated that he arrived in Sydney on August

What is the penalty if a Chinese gets into Australia ?-£100.

Is the captain fined, or the owners ?—The Were the defendants handed over to the owners,

poles in Australia ? No, I had them looked un guarantee of £100 each that they would not

Who would

"

DOCTOR ADVISED

USE OF CUTICURA

-Patient's Arms and Hands in Fearful

State Burning and Itching were- Unbearable---No Rest Nightor Day Five Months of Intense Torture.

HOPELESS CASE OF

“ECZEMA SOON CURED

"Six months ago I used some green dye, and I think some of it must have

got into a emall cut

| on my right hand. Soon F'began to suf- ter intense pain, first in my right arm and tben in my left. E tried several reme- dles, which only Aggravated the arms, until I decided to consult a doctor. Ho said I was auf- foring from sosoma Following poisoning. By the time the arma were swollen and in a tearful atate; in fact, so bad that I was ren- dered almost helpless. Needless to say, I obtained no rest night or day. The burning and itching were unbearable, I followed the doctor's directions, but obtained only temporary relief, and the eruption oitended from both whʊuklers- to the finger-tips. I felt quite hopeless, and regarded everything with very little faith. However, acting on the dooter's advice, I started using the Cuticura Soap, Cuticura Ointment and Cuticura Rosolvent Pails. I am pleased to say instant beneficial results were forthcoming, and with a continued use of the Cuticura Remedios I was free from the intense pain after five months of torture Mrs. Florence Whittlog- ham, 76, Oakfield Terraco, Cattedowu Rd., Plymouth, Devon, Nov. 13, 1907.

The agonizing itching and burning. of the skin, as in eczema; the frightful scaling, as in proriásis; the loss of hair and crusting of Realp, oa in scollect bead; the facial disfigurement, as in none -all demand remedies of extraordinary" virtues to successfully cope with them. That Cuticure Soap, Ointment and Pills are such stands proven by testimonials of remarkable cures when many rem edlee and even physicians have failed, One set is often sufficient to cure.

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48-2

Shanghai or Peking and practically not come if these books were examined by an accountant The plaintiff brought this notion for the de Fold mentioned in their memo P. The manager until the Chinese, Merebants Association paid some late the harbour on a Friday, and later. the fact that these deeds were in fact left with be found that they had nothing whatever to do sake for the expenses of transferring them back the memo. ho is justrusted that consignee run away at the £100 if they die Reher. He said there was not,

The Australian Government.

"Mr. Holme Were these men fined in any way I don't think t

the ship's boilers They had not obtained It comes thenPassages, and did not form part of the crow.

His Worship-Are extra hazda engaged on 8th. He found the defendants on the top of

Post and Company of New York to arty Would you allow it if you know it was being

done -Na, certainly no to this that plaintiff has a contrect with board without signing on I don't know his goods for him to Hongkong, no express sum being stipulated, for they are entitled to abarge him a reasonable sum and they have. lien on the goods, for that amount. Are Post and Compasy limited to the sum of $40,44 of the defendant company point out that by larly means the defendante, the consignee of the through bill of lading is to pay all charges

the sun collected for their account and that at Hongkong. He further states that he has to remit a fall to his people in New York the course of business is for him to reenver his charges from the consignee her Obviously,

His Worship What was the passage back ? he is entitled to be paid for his trouble and if he is not entitled to recover here he has a claim£15 g. oh..

Mr. Holmes-Did one of your firemen leave against his New York people. Obviously again the ship or run away after these men were if Post and Company are entitled to dobit the found One ran away consignee with the Hongkong charges, if they are reasonably incurred, but if their local agents band over the goods on which they have a lien without recovering the amount due, the principals might refuse to recognise any the local agent bas failed in his duty and claim sgainst thourselves.

I am instructed that they paid a sum of £15 each out of their own pockets-I don't know anything about that

They paid their passages back didn't they The Chinese Merchants Association did.

Mr. Holmes pleaded guilty on behalf of his

with them. clients, and asked his Worship to deal leniently

Mra, Heber said she saw the "Kohsiahang" asked the boy if there was a letter from Captain

His Worship discharged the defendant. THE BIRTHPLACE OF CRICKET. HISTORIC MATCH. REVIVED AFTER: 130

TEARS,

The sleepy little Hampshire village of Ham- bledon, the birthplace of cricket two osaturies ago, was to be the scene on September 10 and the two auseeding days of a interesting revival. On that date a team from the Hambledon ciab were to meet an "All England" team for the first time since 1777.

did not warrant this point being raised upon them, but even if they did the case was abso lutely covered by Byman v. Hilen 24 Ch. D. 331, where it was held that a party who was a defendant in a nit in cne ccontry might legitimately put himself in the position of plaintiff in another country in respect of the same cause of action. After an elucidation of quoted authorities, his Lordehip proceeded to give his opinion on the facts. The plaintiffs care, he would not say, was plain and intelli. gible. Plaintiff gave his etidence in a straight for werd way, though on one or two occasions his explanatione did not seem cutirely satisfac- tory. It certainly did seem extraordinary, continued bis Lordship, that a man engaged in 20 vest an undertaking as this lottery business, and living so large a som se tael 1,400,990 -wratisble, should trust rot only this, sum and title deeds of properly worth apparently half million more, but all his interest in the re maining period of the (ben existing concession in the bands of men eonas of whom at least were not loo well known to him, and that he should further embark with them in a new enterprise in connection with the further concession which was to last six years, and then go away near the place again. He did not lose sight of the partners for the express purpose of raising money for the recessition of the Wang Fang Company, and the Bank's case was that they were in fact so used. It looked almost as if * case of negligence might be made cut, but

If the property has not passed to him be seruming that that would be sufficient in law to justify the retention of deeds handed over

cannot of course claim the goods themselves, on the contract for without authority he could not go so far

though if they are wrongfully withheld he may have D sotion

It was urged RB to say there was negligence in fact

Mr. Pollock asked in view of the large amount damages against his gendor. The plaintiff did take precautions. He

and at alake for a stay of ergoation for three for the defondant that the property had partners gare instructions to his expected that they would carry them months in order that the Bank might consider never passed to the plaintiff that the Chis Express Company, as consignees of the bill

The defendants who were not represented sat. The fact that Las Wai Chan and Ma their position: Fat Ting and Wai Long Shan acted contrary

The game this year was to be played the Mr. Blade objected to the stay of exevation.of lading, bal the jus disponendi vested in

the ground on which cricket was born, en to those insirnetions did not prove that the The plaintiff had obtained judgment and was them, and furthermore, that were a bill of

said they had given the head framan $6.0 get them to work on the steamer, and told them he would guarantee their landing in Australia. plaintiff was negligent. Misplaced confidenco entitled to the benefit of that judgment. The lading is taken to the vendura it is decisive of

apiece to take them to Australia. The firomani

His Worship said this was considered a famous Board Halfpenny Down, opposite the Bank bad instituted proceedings in China his intention to reserve the jus deponendi and did not amount to negligence. He would not

It seems to me that Post and Company are serious offence by the Australian Government, Bat and Ball Ine, in front of which the fleet attempt to weigh the evidence, nor would he go and the possession of the deeds was natural prevent the property passing to the rendeo. I through it all, because he was of opinion that the ly of great value. If defendants would give an do not think that I ono disposs very shortly of not limited to the amount of $40.41 gold but are and Shippers were liable to a Bus of $1000 if scorers recorded the runs on a notabed stick,

this argament The question of the passing of

entitled to charge the consignee any sum not themen esespad. He would therefore fios each and the game was to be played under the

field and every hit will have to be roxi dut, evidence which had been given on behalf of the undertaking to abandon those proceedings-

The idea of reviving the famous Ham- Bank broke down and did not establish the Mr. Pollock said he could not consent to that, property has to be decided on the whole facts of unreasonably incurred in the performance of of the defendante $1000, in default six monthe original ralce. There was to be no limit to the

agent in Hongkong would have a Bea on the

Before Mr. J. H. Kamp yesterday Han Bang bledon against the Best of England_match propositions on which alone their right to bat be would give an undertaking that the the case, and I-have no doubt whatever that when their contract. For this sums they sud their imprisonment,

the vendor delivered the goods to the forwarding goods against the consignee. If, for instance,

connection with retain the deeds could rest. He would examine matter remain in slalu quo.

agent, and sent a through bill of lading endorsed Post and Company bad doubled their forwarding was prosecuted for stealing a letter containing originated with Mr. C. B. Fry, who at first the match, b but this idea was abandoned, and is therefore, the defendants' evisionce alone. The

in blank to the plaintiff, the property in charge in Now York; making it five dollars $100, the property of re. Reber, of "Park- thought of holdings pageant Cass in its simplest terms was this: that

China Express Company that they Detective Sergeant Watt prosecuted, and Mr. far as costume is concerned the match was to

We wish it to be nuderatood that we are the Wang Fung or Lan Man Cho himself was

goods then passed to the vender by gold instead of $2.50 gold and informed view West Portal.

were to retain their charger out of the E. J. Griat (of Messrs Wilkinson and Grist) played under modern conditions lading for carriage by sea it was a contract amount collected I do not suppose that plaintiff appeared for defendant.

Captain Reher of those. Wongkoi" stated going to play serious cricket," said Mr. 4. J. the royalty due to the Chinese Government for

Club for many years, Every member of the the concession. This was taula 1,600,000 payable

between the forwarding agont and the carriers would have made any complaint. It can make and its endorsement to the defendant company no difference that Post. andompany have left that he addressed a letter containing 30 to Best, who bae boon socretary of the Hambledon it to their agent agent here to make a reason. Mrs. Reber, Parkview, West Point. He aw in two instalments of taels 1,000,000 and 600,000

did no more than transfer to tham therights, ale ebarge bere and retain it for his own the letter put in the box on board the steamer Hambledos team will be a mate who pays his

The include many well-known cricketers. respectively. The great question was how to

not of esurée right in property possessed by the remaneration: Now the defendants slain that "Kohaichang." It was in a bine envelope on subscription annually to car olub, and it will The team will be captained by Mr. E. enise it in Hongkong, and then the ingenious

"Kobaicbang" was a German steamer.

Lat Mr. Ms Fat Ting, the partner of many firms,

forwarding agent. Again it was argued for plaintiff has to pay them $12.50 being as to 55 which he had put a Hongkong stamp.

Hing, a clerk in the Post Office, deposed Whallie Tooker, our regular leader, who played defendants that plaintif could not bring this their charges and commission and as to $7.50 experses of removal from Kowloon, The suggested raising the necessary money, by means

action without bringing into Court the amount charge of $5 soome to me reasonable and one to Mr. Beber calling at the Post Ofon sad for Baats wang years ago. Another of our of manipulation in bills; be in foot put bis shop and sigabeard, in other words his credit, Mr. Blade--We don't trust you. We don't admitted to be due for freight. The reply is, they are entitled to make. As to the $7.50 making inquiries about a letter. From a book regular players will be Mr. W. Landridge and Stouo, Llewellys, Newmst, P. Mond, at the disposs of his partnera. After know that you will not nee them against I think, that if defendants wrongfully think it le diff rent. They have been previous in which he entered letters for delivery at West the other members of the team will be Mesare. refused delivery of the goods they wera guilty ly warned by plaintiff not to handle his goods point he found that the letter in question C. B. Fry, E. M. Sport, A. J. L. HU, F. B. The All England team will be led by Mr. reference to the agresment signed in 1895 his He added that the Bank could bring grea

here was no valid reason to remove goode had been handed a postman for delivery on the Captain B. G. Wynyard.

Cross-aresined-Letters were handed. to Lordship mid the bills of exchange sued on pressure to hear diplomatically in China, and of couvorsion and became from that moment were bought with the deeds as collateral that be could not consent to the deeds romaning Tort fessora. Supposing under the old system in the godown free of xant. It was attempted

finally selected yet, but it is hoped that it will of pleading they bad is such a case pleaded lien to prove for the defence a enstom of merchants witness, be entered the addresses in a book, G. L. Jessop. Ile mambers have not been W. G. Grace and the Jam of security, but were handed to the bank as security

Mui Chan, of the Yuen Fat Hong, which includ After digiassion it was decided that the it would be a good repilostion by plaintiff that and spents to incur such charges and debit the and then handed the letters to postmen. for the payment of bills then already over duc

"doods, be dspruited in a neutral bank, the

cerca de fud on the evidenco-that-any-firm an agents for the "Bobisiohong, gave Nawagger.

Befortunately the original bats, balls, and Fender of an amount sufficient to discharge the consignee of the goods with them. But first Now Me Fat Ting was most cynically candid as Chartered Bank and that if the plaintiff fien bad been wide and it would be wholly anne inch custom has been proved as would apply evidence as to opening the ship's letter for on

contents to stamps are not available, but it was arranged ahmad bantambar 4th and forwarding the the added as the sons of Hambledon to raise the

lication in

the toast of... money required for the royally

ohambers to the judge.

another which he has been Cross-examined Witgoes sent the letters to

land in the silver punch bowls in which their bills and then on maturity, he sold a few more

Judgment was formally entered for the form in Bullen and Loake, Bru edilen page rautationy

lear that no payment into court was Deces render services to and so on, and so on, until all the bills com- plaintiff.

JA D'Almada, another Post Office clerk, great-great-grandfather celebrated their vic- sary. The property then being in the plaintiff given notice that the other does not require and the Post Office on the 4th.

then charge him with their costs. prised in the partionlars, totalling with additions

It was an arranged that on the first day of hae he farther the right to possessica? He has I hold then that the charge of $5 was good testified to receiving the letters from the Ynen tories. subsequently made to nearly one and a half.

not that right if the goods were subject to a lies and lawful and that defendants assgents Fat Hong on the 4th, and putting theio with the match Dr. W. G. Grace, the doyen of millions, but unfortunately his story did not

for defendants' charges; and I come thus to the for Poet and Company had a lien for that others on a table.

Croes examined-Lotters were sorted as-soon-lizing cricketers, should anveil's gracice shaft hold water. A considerable amount of the

main point at issue: Were defendants entitled amount on the goods. As to the $7.50 the

spot where oricket was first played. The shaft money reosived on those bills could not have

to insist on payment of their charges before charge is bad and plaintiff was never liable to as a mail arrived, but witness could ngay when in front of the Bat and Ball or, ascking the

it I think the justice of the case may be they were delivered. fay

Postman No. 6 spoke to delivering three it 104 fest high, and on the front of it are gone to the Wang Fang, but must have gone to

His Lordship delivered judgment in the giving a delivery order? Now the contract met by non-emiting the plaintiff, and I dirent

lettera at "Parkview on the 5th. Tre of the carved representations of the old bats, wickets,

and balls. meet the series of bills which fell due some

envelopes wore open, but the third was sealed. months previously, if his story was accurate, action in which William Barker and Co. sued between plaintif and his vendors in New York that each side pay their own cesta.

Mr. Blade was dissatisfied with that. His Lordship pointed out that the ordinary proceeding was to apply to the Fall Court

Mr. Pollock agreed, but pointed to the posthe

in great need of the large sum nécessary to pay billy of the deads going out of the colony, ar f the election of the vendor. As to the bill-of

the plaintiff was resident in China. -

His Lordships-They might remain with the solicitors.

Mr, Blade.-They are so valuable the solicitor does not wish them to remain with him.

Mr. Pollock-They might remain with the bank.

with the bank.

IN SUMMARY JURISDICTION,

BEFORE ME. H. H. J, DOMPEETZ

(ACTING PUISNE JUDGE).

THE CUSTOM OF THE PORT.

Iam olear

the

I

Prior to that date the match between Ham- bledon and the Rest of Eagloud was an annual fixture, but since then Hambledon has bean living on its past glories so far as cricket in concerned.

and