1908-11-19 — Page 3

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SUPREME COURT.

Wednesday, 18th November.

IN CRIMINAL JURISDICTION.

BEFORE THE CHIEF JUSTICE (8m F. PIGGOTT).

MAIDEN SESSION.

When the November session was opened the Attorney General (Hon. Mr. Rees Davis, K.C.) Baid-I ant glad to inform your Lordship that no indictment has been filed for the present session and there is no case for trial The Court was adjourned sine die.

IN APPELLATH JURISDICTION. BEFORE THE FULL COURT.

LANDLORD AND TENANT.

Judgment was given by the Chief Justice and the Puinne Judge in the appeal at the instance of the Humphreys Estate and Finance Company against the decision of the Puisne Judge in the action by Mr. P. W. Goldring for the recovery from appellants of 8500 ns damages for breach of a tenancy agreement. Sir Henry Berkeley, E.C., instructed by Mr. P. M. Hodgson, of Messrs. Esens and Haratou, appeared for the appellants and Mr. Goldring appeared in person assisted by Mr. E. J. Grist.

said:

THE HONGKONG DAILY PRESS THURSDAY, NOVEMBER 19TH, 1908.

I ressen. The drains in a house were in a defer

tive condition, the tenant had not the means of knowing their condition, but the landlord had, yet this was held not suficient to relieve the tenant from this implied condition of giving notice. If therefore the circumstances are identical, we must not look at the reason, but only at the rals, but if they are not identical then we can only apply the rule if the reason is applicable to the new circumstanures. Two other case cited, Braggi v. Robbins and Trodway v Maolin do not carry the law any further. The material inquiry in this case is therefore, what is included in the lease of a flat? Does it include the rooff.

doctrine of notice being noosssary only applied | LAWLESSNESS IN KWANGTUNG| IMPORTANT CASE UNDER THE

EBIGANDAGE BAMPANT DETERMINED ACTION BY THE VICEROY.

where was a demise of actual premises where the want of repairs is alleged and the court had held that in the present case the roof and it appar tenances were not demise--then the questios H. E. the Viceroy of the Two Kwang of negligence arose. The defendant company has issued the following Notification, copies of were certainly not insurers and therefore their which have been sent to all the high Civil duty was to use all reasonable con and skill to and Military Officials in the Prince of

case ho Kwangtung keep in proper repair. In the present case found that less than ressable care had been This year many profectures and districts in ozercised and that was the ground on which he the Kwangtang Province have been afflicted found them liableme

with calamities. Bad harvests have been ex Mr. Goldring formally moved for judgment.perienced and foods have prevented the Sir Henry Berkeley referring to the question cultivation of land. Consequintly the people of costs remarked that the respondent appeared have had foulty in coming a livelihood. You in person and had the assistance of Mr. Grist are all aware that I have directed the different He submitted that no costs should be given Bureaux to do their atmost to raise funds Costs did not include the attendance of a to alleviate the sufferings of the people solicitor.

and so prevent lawlessness and chaos in the afflicted districts. But I regret to learn that cently there has been so market a recrudescence of piracy and robbery that storn and prompt measures to suppress it are imperatively scary, specially now that the winter season has set in when lawless conduct is usually rife

The Chief Justice--I think the Registrar must deal with that.

Bir Henry Berkeley-Mr. Goldring cannot appear here instructed by a solicitor.

Mr. Goldring-My lord, "the care quite has on the point. I think it is a matter for

the Registrar

The Chief Justice-Just so..

LENGTHY LITIGATION.

Tho civil and military officials and the police officers of all the different districts whose duties are to search for and arrest pirates and robbers should act energetically and to their utmost to stamp out brigandage and plunder, and restore peaceand order in the respective districts, It has recently come to my knowledge that

gamlage in the city of Canton and its vicinity there has been a reorudescence of piracy and bris

at Tow Tau village and several other Canton City where robbers have kidnapped people and members of Triad Societies bare

LIQUOR ORDINANCE.

MANAGER OF RE. CANTEEN SUMMONED.

An interesting caso came on for hearing before Mr. J.B. Wood at the Magistracy yes today when A. M. Thornhill, manager of the Royal Engineers Canteen, was summoned for retailing liquor without a licence,

Detectivo Sergeant Appleton prossented, and Mr. Otto Kong, Sing appeared for the, defendant. Detectivo-Sergeant Appleton deposed to giving Chinese boy a chât and a 85 bill on the evening of the 11th instant. The chil bore the agenmed named of "F. Long," and was handed to the boy at the Central Police Station witness then want with the boy to Wellington Barracks and told him to get one bottle of port wine and one bottle of whisky. He saw the bor enter the barracks gato and go towards the Cantcon. After an absence of about five minutes he returned with the bottles of port wine and whisky produced, and returned $2.90. change.

-Cross-examined, witness said he made the duplicate chit at the Police Station before pro- coding to Wellington Barracks. He did not know what the Arung regulations were with regard to "boys" entering Wellington Bar- racks. Witness did not see the boy come out of the Canteen at the Barracks and go buck tracter was permitted to sail liquor to soldiers and to soldiers' families. He proceeded in the again. He did not know whether the con-

year of a Bat on the second floor of a house intecomno stopped up and that rain water was Sir Heary Berkeley K. C. sppeared for Mossvillages bordering on the Great North Gate of me way as he would have done in connectioni)

with unlicensed premises,

DOCTOR ADVISED

USE OF CUTICURA

Patient's Arms and Hands In Fearful State-Burning and Itching were Unbearable No Rest Night or Day -Five Months of intense Torture.

HOPELESS CASE OF

ECZEMA SOON CURED

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

got into a small cus ōn my right hand. Soon I began to suf- #fer intense pain, first in my right arm und then in my left. I tried several reme- dies, which only aggravated the arms, until I decided to consult a doctor. He said I was auf- fering from 70018 following poisoning. By this time the arman were awollen and in a foarful itate; in fact, so bad that I was ren- dered almost helpless. Needless to say, I obtained no rest night or day. The burning and fiching were unbearable. I followed the doctor'a directions, but obtained only temporary relief, and the eruption extended from both shoulders to the fingor-liga. I felt quito hopeless, and regarded everything with". vers Httle faith. However, acting on the doctor's advics, I started using the Cutfours Soap, Cuticura. Ointment and Outloura Resolvent Pills. I am pleased to say instant beneficial results were forthcoming, and with a continued uES. of the Cutious Remedies was from from the intense pain after fire months of torturo. Mrs. Florence Whitting- ham, 75, Oakfeld Terrace, Cattodown Hd, Plymouth, Devon, Nov. 13, 1907.

I cannot accept the reasoning of Justice Byrne in Café Co. v. Muse where he arrived at the conclusion that the lease of rooms on a floor is a lease of a separate dwelling and indudes the outer wall so far, as it is solely appropriate to the rooms lot, because the dispute arose not between the lessor and Icssee, but between two lessees. It is obvious that one loses could not deny the right of another lessee to use the osterior walls of one fint which ho himself was claiming with regard to the other, and that he was interfering with. But that is a very differ- ant thing from saying that the lease of the floor or fiat included the use of the outer wall, thore- by making the lessor a trespasser if he used it.

The Full Court gave judgments on the This case mast therefore be put on one side.motions moved by the parties in the action in The only case bearing on the question that is which Leang Lal Nam and others proceeded The Chief Justice in delivering judgmont involved in a lease of a flat is Hargroves, against Reuter Brookelniann, and Company for

Hartop. There, however, had been notice In this case the plaintiff was tenant for ens by the lower that s gutter in the roof had in Chin Hos. Mr. II. E. Pollock, K.C., and damages for alleged illegal seizam of property

Hobinson Road, Kowloon, and he aned the land coming through the roof; and that action was

Benter, Brockelmann and Compary. lord for damages to his property caused by brought for negligence in allowing die repairs

The first notice of motion was by the water coming into the fat. I take the following to stand over for five days. Moreover there facts from the judgment of the learned Puisno wis no covenant to repair, and the plaintiff plaintiffs who asked that the verdict of the ju forcibly taken possession of public propers Wellington Barracks to buy semo spirits. A Judge. Some of them are challenged by the notice sucoseted on the covenant for quiet enjoymont, on certain questions be set aside on the ground of motion in so far as they are inferences, but we The judgment refers to the fact found by the that the judgment wis contrary to the evidenry Daring robberies have been committed in brong ervant boy asked where he came from, and he! are of opinion that these inference are sound:

The Chief Justics, in a lengthy judgment, On 28th July the Colony was visited by a severe

thought that the answers to the questions were typhoon, causing considerable damage to build

not such as reasonside men ought to have given ings. After this storm the plaintiff noticed

and he was of opinion that the verdict on those dampness in the ceiling of the verandah but this

points should be set aside. passed off and there was no leakage. The plaintiff apparently thought no more about it Bud did not inform the defendant company of what he had seen.

On the 20th August it rained heavily all day and next morning plaintiff found water pouring in through his roof and verandak wall, causing considerable damage to his per zonal efforts. He now claims 8500 as low suffered by him in consequence of the breach by defendant company of their agreement to keep the promises in proper repair. No structural defect is alleged. and it appears that the damage was caused by water which had accumulated in large quantity on the roof owing to the gutter right to the lessee as against the landlord to use, asked about it calmly fold their arms and tell the protect the people, there can be no security from proof that this man was connected with local Government to sell to soldiers, and ke may

the

A Chinese cook employed at the Central Station stated that he took the chit into

.. Cross-examined, witness said he did not toll

the sentry who stopped him at the Barracks

Didn't the bar boy refuse to sell you liquor gate that he was a soldier's boy.

until you produced a chit from your master?

No.

His Worship to Sergeant Appleton)-How are you going to connect the defendant with this P

Sergeant Appleton-By bringing a military officer up here to prove that he is the tenant of the canteszi.

Mr. Kong Sing-That does not prove that he sold the liquor.

His Worship (to the Sergeant)We want

the sale.

from the police.

The agonizing itching and burning of the skin, as in eczema, the frightful sealing, as in psoriasis: the loss of hair and sting of scalp, as in scalled head the racial disfigurement, as in acne

all demand remedies of extraordinary. virtues to subassfully cope with them. That Cuticura Soap, Ointment and Pills are such stards proven by testimonials. of remarkable cures when many reme adjes and even physicians bave fajted. One set in often sufficient to cure.

Send to nearest depot for free Cuti- cure Book on Treatment of Shic Diseases. the world, Principal dapats: Loadan, Parle, Rue de la Pali: Australh, R. Town - Co., Sydney: Bo. Africa, Labron, Lid, Cape Town sto-kond, krun, Eta, Toxics U BLÁ, Poster BAR COREY Carp., Bula Prope, Boston. 48-2

Cuticura Temidler træne

His Worship-It is quite possible that the defendant may hare some permission from the

be able to produce that permission.

Mr. Kong Sing-I submit that if I produce a contract between the defendant and the Army Authorities permitting the sale of spirits, my point is made.

replied Sanwafong. The toy then asked the County Court judge that the root was not

daylight in Kong-nga-lee, one of most prominent dumised to the plaintiff, but was ntained in

thoughfares in the Western suburbs of the Cannathe of his master, and he said he did not know the possession and under the control of the

to City, Briganda kidnapped the late Sin Ting The defendant was not present, defendants, and there was no evidenies that the

Fing, a leading representative of the gentry in the village Wong-ting in the Nam Hoi district plaintiffs or any of the tenants had any right

The Prisne Judge was of the opinion that on and the officials have failed to capture the of access to the roof or any privilege to go up on it, or that they liad in fuot er repaired all the questions, except the second relating to the robber, or even to obtain the release of the it or

cleaned out the gutter, I agree partnership, the verdict of the jury should stand captive alive. If such daring crimes can be Tung Province one can imagine what must, he that this is not a finding which we are bound and that the motion should be dismissed with perpetrated in the metropolis of the Kwang by, because it was suggested that there costs,

The second notice of motion was by the going on in the other prefectures. If pirates might have been an express reservation of the defendants who asked for judgment on the and robbers have the audacity to kidnap wealthy control of the roof by the Issor. The suggerations grounds set forth.

gentry and plunder their residences, it can tion is not borne out by the reports of The Chief Justice, in the course of another readily be surmised what the merchants and the the case all of which state expressly that there lengthy judgment, said he could not imagine common people must have suffered at the handle was no such reservation. Therefore this Court anything more oppressive than fer persons, of the robbers and pirates. Unlees strict in- is called upon to decide what is included in the whether they had a good case or not, setting their structions are given to the high Civil and lease of a dat. We are clearly of opinion that consul in motion and through them the Chinese Military Officials to institute strict searches, for it is a lease of the interior only; that it gives anthorities to get property seized and when the brigands and adopt stringent measures to pipes becoming blocked. They ware found to

Sergeant Appleton-I think I can get proof be shoked with rubbish and grass, leaves of excopt by legal necessity, either the outside plaintius to find out for themselves. The law life and property from plunder and brigandage. This Notification is issued expressly to inform trees, and "black ruattor," and also with walls, or the roof, or anything yurtaining is a just one it is primitive in its simplicity:

and warn the Civil and Military Officials that

His Worship-If you can get some of the plaster from the wall. The pipes wore apparent thereto. As to the roof it is to dear, for you defentants any you have a right to seize or ly cleared without diffenity by the plain otherwise the lessee might. erect an adver the Chinese authorities have a right to seize on in future they must instruct the soldiers to co-police to say that they have been there and have

operate with the volunteers: of the different soon him solling liquer, that will be sufficient "His Worship-You will have to prove that. tisement or sky sign on the roof, and the your behalf. Produce your werunt and let us -tiff's coolie who was sent up on the roof, and the lessor might, or might not, use it in any see whether they have acted righly or not. It distriste in taking adequate messures to capture Mr Kong Sing To save time I will admit the Military Authorities were within their

nccumulated water thereupon escaped." The agreement contained the following lause: 3. other lawful way. Further the gutter and might be that on the production of the warrant robbers and afford the people proper protection that the defendant is the tenant. Your Worship rights in giving that permission. I take it you

aré clearly appartenant to

When any notorious pirates or robbers manage will notics that this is a very different prosecu have two lines of defence: That you have the the case will collapse, but until you do so we "The landlords shall keep the roof and all pipes exterior walls of the said premises in a proper roof. This is made all the clearer by the fact cannot tall. His Lordship held that the verdict to escape capture in any of the districts, the off-tion to the ordinary ones which come before the right under the homme Act to sell to anybody—

winds should immediately in large rewards Court. In the ordinary way it is perfectly clear Mr. Kong Sing-I don't say that at all. tenantablo stato of repair and amendment at that there were two flats, ono on each floor, under of the jury must stand

The Pulsne Judge held that the verdict of the with a view to securing their arrest. They must that people selling liquor without a licence are We have the right to sell to soldiers or soldiers' their own costs." The plaintiff sued for breach the same roof, and what is true of one Insec of this agreement and recovered $500 damages must also be true of all four lessees. Therefore jury should be set aside and judgment entered engage informers and pay them liberally to evading the law, but this is quite a different servants without a licence; and my other The defendant is now appealing from the judge there was no demise of that part of the for the defendants with costs of the proceeding trace the brigands and hars them captured matter. I am not astonished at Sergeant defence is that this was a sale to a soldier in the

out of repair, the here and in the court below, premises which were

As soon as the officials receive information of Appleton bringing this prosecution, because he the ordinary way. ment of the learned Pulsne Judge. The ap.

Me. Pollock said his side would take the the whereabouts of pirates and robbers, they is ignorant of the way in which this canteen in pellante rely on the fundamental principle of law doctrine of noties cannot apply, for the simple laid down by the majority of the Court of reason that the lessor can go on the roof matter further and asked for a stay of execution must personally lead the soldiers in pursuit contacted. This canteen is provided for by,

Soldiers Club. He held a contract with the Exchequer in Makin v. Watkinson and since to inspect, and the lessee cannot. He would unless plaintiffs would give an undertaking to and they must not so neglect their duty us to and conducted under, Army regulations.

allow them to escape. Officials will he punished- a coronan certainly in law be as much a trespasser is the refund costs.

His Worship-I don't know anything about army officials under the King's regulations and adopted by all courts that on

* orders, and under that contract he was permitted and rewarded according to their merite during

that such, as this the lessor cannot be sued for lessor in the case put by. Baron Bramwell in

their tenure of office. I desire to make it

Mr. Kong Sing The King's regulations to sell to soldiers and soldiers' servants. Witness orde

notorious brigand or apprehends robbers and stitute will be established in every unit to when this sale took place. He had given striot want of repair. It is to be noted at once

-thieves, no matter whether the official be civil or supply troops with the best articles at the instruction to the boys that they were on no that there is a difference in the foots of this

military, he will be handsomely rewarded. Officials

lowest prices. In the section from which account to sell to civilians. If Chinese servants case and that for here the letting was of a fat

whose districts are kept in peace will likewise he quote, rules for the management of the produced chita from their masters they could be and not of a whole building, and it was argued

sold anything over the bar. The rules were that rewarded. On the other hand, officials whose garrison are issued, and under the English sentries were not to pase Chinese boys into that this is sufficient to take the present esse your property which amount to a non-natural out of the principle. We must therefore see

will ho singled out for punishment without for a person holding a Canten Boense undersigned by the adjutant. Quite recently a number what are the reasons on which this principle is this way, but for breach of the covenant t

the authority of the Secretary of State to obtain of military drafts and families arrived in based As a matter of fact it works out not repair, and we must see if this will le. It seems

meroy

I have at heart the peace of the Empire and justices licance or a certificate to enable him the Colony by the Soudan, and it was as a principle of law but as a very simple to me that Hargroves -Hartop carries the casa

therefore bold the Military and Civil Officials to obtain or hold any excise lcence for the sale possible that the Canteen boys did not know all the soldiers, bors in the Colony. Within the little bit of common sense. Baron Dramwell the whole way. The roof and the gutter were and Chamiell admitted that the distam of Chief not demised: independently of covenant a duty suspected, without having fist received the responsible for the maintenance of peace. High of intoxicating liquors. The defendant's licence knowledge of witness no sales had been made e paid the boys' wages and the rent, Justice Mansfield and Justice Gibbe in Moore arises to inspect the gutters and keep them in express permission of the Health Officer, officials should see that their subordinates curry

and qualified in this way: only officers, solliers, sailor He v. Clark was obiter, but they gave judgment in such a proper state of repair as to prevent water Prosecutor, stated that about 10.14 a. on out their duty and report to me all cases of is under contract with the Army, and is modified from the Canteen to others than soldiers or Mr. Kong SingIt's a sort of private concern precisely the same sense. The lessor may accumulating on the roof in consequence of Novembar 12th he observed the steara launch lawlessness and I will fave the officials pan and their families and servants are permitted to and the remaining profit was his.

ished. On receipt of this Notification all oharge the Josses without notice; for the non-repair; it is an a fortior if there is a King Edward run close alongside the sa

Bergeant Appleton-How much do you lessor is not on the spot to see the repairs covenant and it is clear that the notice was Catherine Aptar which was then lying in the officials must pay head to it and carry out the purchase articles. Civilians are not allowed to within territorial limite.

charge for a bottle of port wine? wanting the lessee is and; therefore, the only referred to in order to aggravate the quarantine anchorage and tying the quarantine atractions.”

Mr. Kong Eing You ought to know, Witness About 30 centa. leggee cannot charge the lesser for breach of breach of duty, for the judgment refers to the flag The European in the King Edward repairs without notice, for the lessor may defendants as never having inspected the got into the Harbour Office launch Lily not know that repairs are necessary." There was gutters, and delayed repairs even after receipt Witness then approached the Harbour some discussion as to whether the necessary of the alice." But putting this on one side office launch and asked if permission had been

exhibition the 17th inst. Mr. T. W. Kings-

on words to give effect to this idea could be the case against the soundness of the derision given the master of the King Edward to go At the official inauguration of the above

formed that it had not

Pelham Warren, President of the North Chins

The order was made by consent.

A..M. Thornhill said he was tenaat of the Royal Engineers Canton and-manager of the

non-repair, or for damages resulting from Makin. Watkinson. The reason for the rule non-repair, unless he has received notice of as to notice fails, for the lessor "may know that- MARINE MAGISTRATE'S COURT: clear to you that any ofloial, who captures and orders provide that a regimental in had boys to sell for him, and was not present

repairs are necessary." That a onuse of action therefore occurred in the circumstances, Wa have no doubt on another familiar principle which deals with aconmulations of water on

Wednesday, November 18th. BEFORE LIEUT. C. W. BECKWITĖ, B.N. (MABINE MAGISTRATE).

use of it. But the action was not brought in APPROACHING A VESSEL IN: THE QUARANTINE Astricia are disturbed by robberies and piracies Licensing Act of 1902 it is not necessary barracks unless they were in receipt of a pasa

AREA

Lance-Sergeant Sutton prosecuted the master of the licenstd steam sumoh King Edward for approaching within 30 yards of the es versal then being Catherine Apcar, that

THE PORCELAIN EXHIBITION

AT SHANGHAI,

parvinse in any of the establishments. Under these rules it is impossible for a Chinese servant to enter the Barracks without a pass.

Incorporated into the covenant; but it was of the Paisne Judge is put as strongly as it can alongside the Catherine Apear, He was ill said that in the unavoidable abeones of Sir then no cantoon in the Colony is bona fule.

held that on the assumption that the contracting be put in the notice of motion, in paragraphs parties were reasonable men, and intended what (3) and (4); "The pipes and gutters on the roof The defendant pleaded not guilty, stating that was reasonable, it might be done and the test of are part and parcel of the flat let to the he had received orders from the European in

charge. reasonableness was this fact-the lesser may not plaintif. We are of opinion that they are

His Worship said this was a serious offenes know that repairs are necessary. I confess that appartement to the roof, and were therefore not and could not be treated lightly. He would I prefer the words of the old dictum to those lot to the plaintiff. The covenant only the the coxswain $50, ir default, three months given by Bazen Bramwell that the lessor has no artends to structural defects of the roof and means of ascertaining the condition of the walls and not to choked drain pipes Wo premises; because this assume that "if they not agree as to the limitation to structural lessor comes to repair when no repair ist defects, and we are of opinion that s needed he will be a trespasser" and the choked drain pipe, both literally and legally if he come for the purpose of looking into the is in need of repair: if it is not big enough it

imprisonment with hard labour,

WEATHER REPORT,

branch of the Royal Asiatic Society, he had

to the

His Worship Under the home Act a canteen is not required to take out a licanos, tat

My Rong Sing I submit not. If we are it is under the local Ordinance.

His Worship-It seems to me, so far as the hoon asked to welcome the visitors to the Ordinance is concerned, that any sale on opening day This exhibition was a new unlicensed premises is contrary. departure for Shanghai and he was very glad to Ordinance. xes, from the number of those present, that the

Mr. Kong SingThese are not unlicensed efforts of the Committes were appreciated. He thanked the many collectors who had come premises. forward to help in the exhibition which would

His Worship What licence do you hold? recorded as one of the finest collections of Mr. Kong Bing-We hold a licence under Chinese coramic art ever seen in any part of the King's regulations, and that overrules all the world Mr. D. Landale declared the Exhibition open and other speakers were local ordinances.

Denby, UB. Consul General, and

The

ગ્

Sergeant Appleton-Isn't it an easy matter for a Chinese who does not speak English to get Lato harracks f

Witness-I don't know whether he woull get in, or whether he would get kicked out?

At this stage the hearing was adjourned until Tuesday.

Dis

NEAR THE NORTH POLE.”

FROBABLE SUCCESS OF A "ONE-MAN DARH,” Dr. Frederick E, Cook, who started last year on an aupremeditated dash for the North Pols, is believed by American explorers to be close to A letter received from him last month is dated March 17, Polar Ses, North of

goal, Cape Hubbard" In it Dr. Cook announces that ho ie making a straight course for the Pole. provisione, having He has, he adds, plenty of

Dr. Cook started a year agu cured 102 musk-on, five bears, and 150 hares, last spring on fishing schooner, When the time came to return in August 1907 Dr. Cook, to the surprise of his friends, declared a would remain and make a "que-mas dash" for

volunteered to stay with Dr. Cook and watch the supplies at Annortak, twenty miles north of Etah. A blockhouse was constructed by the two men, with the assistance of Esquimanx, who prepared

of dog food,

early killed by Polar bears.

The Hongkong Observatory yesterday seed

His Worship-These orders apply to England Mr. Kong Sing--And here as Well Tou the following report

On the leth at 11.55 a.n-The depression Mr. C. O. Liddell, Chairman of the Asiatic

Society's Committee.

were particularly due him because that would not be a lawful cause of wore hot strong enough to support the roof: It yeterday, is moving i

into the Pacific to the E. of to Viceroy Tuan Fang who had want some man of war. entry. I should have thought that a reasonable would be if it was big enough but it will not serve Hokkaido.

wonderful antiques, and to the Shanghind Tuotai, His Worship Do you men to any that if The barometer.

eter las fallen again over N, Chins, through whose combined influance specimens the lesse would have bon justified from the need of repair. Therefore the covenant saed on towards Manchuria frond the Westwards necessity of fulfilling the covenant. It might covers this case. And the practita, result of our

Canton who possessed a mique collection, the could not make an arrest ? ** most famous in China, and from Mr. King Mr. Kong Bing I am speaking of misdemean Biao-san who had lost forty pieces of ours. It is to the public safety that criminais usual interest. Other notable Chinese col- whether soldiers or otherwise, should be subject

Amining Merg My to shoot din do MK Hau-tron,

state of the premises, the losses could prevent a structural defect: just as much as if the wall lying over the NE. part of the Sea of Japan the Committee's thank latter said that, not arrest a man in barracks or on board a hunting expedition in a ten-ton 1

entry for the purpose of fakilling a covenant in the purpose for which it was intended if it is in another depression is probably advancing had been received from Mr. Ei Chi-bai theft was committed on Arnly premises the police the Pole. Of the crew, Rudolph Franke

und

Pressure is

have to be by request, but if the lessee declined decision is the common sense one that if land. the Easters uest prer Central China and

he certainly could not recover. But although loris dusies rooms, or flats, or floors, covered by these criticisms of some part of the reasoding on root, is their crty-to-ces that all parts of which : Makin▼ Watkinson is based are ne- that roof, with its appartenances, are in good and cessary, it is quite clear that the ides involved working order, without any correlative duty

in the decision is that where the lessor has parted hoing thrown on the tenant to warn them or

Bol

Moderate monsoon may be expected in the Formicas Charital and strong-monsoon beerst N. part of the Chins

Hongkong rainfall for the 24 hours ending at 10 am, to-day, 0.00 inches

The forecast for the 24 hours ending at noon

with the control of the premise ho cannot give tham notice of their being out of repair to-day is a follows:- be presumed to keep so watchful an eye The kidlord's duty arises out of their relation, over them as the lessee, and, therefore,

the duty of survaillance is thrown upon the ship to the tenant if there is as covenant, it Hongkong & Neighbourhood, lowes in so far as this covenant is concerned, arises out of the covenant if there is ge.

and he must give the lessor notice when occasion

The Prixue Judge coneurred with the judg-

Formons Channel

N. WIRDS, ma derate to fresh

N1 winds, mod to to trosh

fine.

дот

and other Chiness friends. In this contos mime. If it is an offence, it is not nexion the Committee was fortunate in being an offence against the Ordinsure. I submit able to command the infance of Dr. J. it is a misconceived proscution. If your Ferguson with his numerous Chinese friends. Camerons support had also been received from Worship is against me, then all the canteens in the Committeo's Chinese colleagues, Mr. Shen the Colony are illegal.

grease on him

The guns was so hard that they were useless. After hard struggle the bears were beaten oil by means of knives fixed on long sticks

On February 26 with a small party of Esquimaux, Dr. Cook started north and camped for several days on an los foe. He reached Flaglerday on March 3, and here decided to send

Tun-ho, Mr. He El-may, Mr. Zun Sing-ohing His Worship Certainly, and they depend sad Mr. Wong Chin-ut, who had all rendered then on Government suferanos, If this Franke to Angoriak. valuable assistance. Last, but assuredly not prosecution goes ahead, and my view of the

he would speak of the invaluable services

whether to soldiers or civilians is frrelevant f

Mr. Kong BingsYen.

least,

arises for repairing under the covenant. The ment of the Chief Justice. He thought that the Bonth coast of China between Same as No. 1 of the Honorary Secretary, Mr. A. W. Bohy,-Ordinance is correct, then the question of sala. he is confident that Dr. Cook has succeeded in

Court of Appeal in Haggal v. McLean definite peal should be dismissed with costs. Proceed south coast of China between, Same as No. 1 Hoved the Committee of much anxiety.

by established the rule and severed it from theng, be said that once it was established that the

Hongkong and Lamocks,

Hongkong and Hainan,

whose untiring energy in organisation had re-

Franke has just ronchod New York, and sys reaching his goal The Pary Club explorem ** discussing relief measures, which," kowerat, cannot be taken before next spring.