1908-11-27 — Page 5

THE

HONGKONG

A. D. C.

« COME DOWN TO DEVONSHIRE.

THREE HOURS OF MERRIMENT.

You DO MAKE Or Laugh!

"A

COUNTRY

GIRL."

DECEMBER 2, 3, 5,

Plas, at ROBINSON PLANO Co..

Open 25th November, at 10°

Hogg, 24th November, 1908.

THE

MITSUI BUSSAN KAISHA

SOLE AGENTS.

TO BE OBTAINED EVERYWHERE,

DRINK

[1573

ASA HI” & “SAPPORO" BEER

GUNS.

IRECT from the Manufacturers. at

loaders from 30s, each. Illustrated catalogue of LATEST MODEL Shot Guns, Combination Guns, Sporting Rifles, etc., post free.

D'est riens. 12 bore Double Breech

1108) C. JAMES & REYNOLDS,

George Street, Minories, London, E.C., Eng.

NOTICES TO CONSIGNEEN-

5.3. "DUMBEL” COMPAGNIE DES MESSAGERIES

MARITIMES,

NOTICE.

YONSIGNEES of Cargo from London er S." Char nte" and "Cudonau," from Barselona or sa "Torre del Oro"" from Bordeaux ex &., "Leroy Lallier" in connection with above Steamer are hereby informed that their Goods, with the exception of Opium, Treasure and Valuables, are being landai -and stored at their risks into the-basardous and/or extra hazardous Godowns of the Hongkong and Kowloon Wharf und Go- down Co., Ltd., at Kowloon, whence delivery "may be obtained immediately after landing,

· Optional Cargo will be forwarded on auleer intimation is received from the Gensignees 'before P.M., To-DAY, requesting

landed hare.

it to be

Jill of Lading will be countersigned by the Undersigned. Goods remaining unclaimed after MONDAY, the 80th Nov, at Noon, will 'ba subject to rent and landing charges.

All claims must be sent in to me on or before the 30th Nov, or they will not be recognised.

All damaged packages will be examined on MONDAY, the 30th Nov, at 3 P.M.

No Fire Insurance has been effected,

· P. NALIN, Acting Agent,

Hougtong, 23rd November, 1908.2 "SHIRE” LINE OF STEAMERS, LTD.

NOTICE TO CONSIGNEES.

HAMBURG, MIDDLESBOROUGH,

LONDON AND STRAITS. THE Steamship

"CARDIGANSHIRE,"

Capt. W. D. Tyers, having arrived from the above Ports, Consignees of Cargo are bereby informed that their Goods are being landed at their risk into the Godowns of the Hongkong and Kowloon Wharf and Godown. Company Limited, Kowloon, and stored at Consignes risk and expense. -

All broken, chafeil, and damaged Goods are to be left in the Godowns, where they will bo examined on MONDAY, the 20th Nov, at 3 P.M.

All claims must be presented within-fifteen days of the steamer's arrival here, after which date they cannot be recognize).

No Claims will be admitted after the Goods have left the Godowns, and all Goods remaining andelivered after the 30th Nov., will be sub

po rent.

Bigg Inseranos has been effected.

ing will be countersigned by

EWAN, TOMES & CO., Hongkong, 23rd Negente.

1908 1598

i 455

AS SUPPLIED TO THE HOUSE OF LORDE, AND HOUSE OF COMMONS.

THORNE'S

PER CASE

OLD VAT

THIE VAT WAS STARTED BY THE LATE ROBERT THORNE DOGRĹCHACH'AND HAS BEEN SOLDAS N'A SINGE INSI

SCOTCH WHISKY.

SOLE AGENTS IN

701

HONG KONG, CHINA & MANILLA. A. S. WATSON & CO.,LTD.

RIGAUD'S

KANANGA

OF JAPAN

TOILET WATER

Beware

or imitations.

RIGAUD-&-C

PERFUMERS

8 rus Vivienne, 8

jaFrance

THE HONGKONG DAILY PRESS, FRIDAY, NOVEMBER 27TH, 1908.

NOTICE TO KOWLOON RESIDENTS XTRA COPIES of Tasty Pressure on denle daily at the following stores KOWLOON BOOK STALL Ferry Wharf Metara. H. RUTTONJLE & BONS, E

loon Store. No, 36, Elgin Boad. Here. HUNG CHEUNG, Elgin Hod Mr.AM TAI, Hongkong Ferry Wharf Still,

SUPREME COURTALLI | Fit, dib doke to the Khaisurata per atmoss place hore. It would be straining BRANDY

Thursday, 26th November.

IN APPELLATE JURISDICTION,

+

BEFORE THE FULL COURT.].

APPEAL TO THE PRIVY COUNCIL

- The Attorney-General-I assume your Lord, I had, a dwelling house and whether he had a

language to say that this escual visitor from Annam had a place of business in Hongkong.

Sir Henry Berkeley, K.C. instructed by Mr. EP. Lang (of Messrs. Denoon, Locker and Deacon) movet for leave to appeal to the Privy Council against the judgment of the Fall Court dismissing the appeal to set aside the verdict of the special jury in the case in which Henter, Brockelmann and Co, were appellants, and Tung Lok Tong and others respondente.

Counsel referred to the Chief Justice's decision in the Appeal Court as justifying this applica tion. In his opening his Lordship said the case contained questions of considerable importance, some of them travelling beyond the domain of familiar law, and it was proper that they should be submitted a second time to the Court, Then, nguin he said the question which this case rained was one of considerable importance, and was one which he did not approach without considerable anxiety Counsel concluded his address by say- ing that he respondents should give security for payment of the appellants' post in the event of the Pelvy Connell apholding the appeal

The Chief Justice They are not bound to, It has been a custom when judgments have been given for Counsel to say they are considering their position and that they want a stay of execution with regard to coste, as was done in this case, and the undertaking of the solicitor to repay the costs in the event of the appeal being refase Neither the Puisne Judge nor myself are satintled that that is the proper practice.

Sir Henry Berkeley don't think it is The Chief Justion-At the same time we feel that there is a dificulty in desling with this payment of costs between. Judgment and the time for applying to the. Frivy Council, and all we want to say now is that next time the question arises it must be fully argumi.

Their Lordships granted leave to appeal, and left the question of security to be settled by the Registrar.

APPEAL AGAINST A KAOISTRATK'S DECISION. The Colonial Treasurer v. H. Buttonje and H. G. Rattonjes.

This case arose out of an alleged breach of Bection 23, of the Stamp Ordinance 1907, in which the defendants were charged with receis. ing thres payments from one Stella Bromfield, without stamping the receipts,

The Attorney-General (Hon. Mr. W. Rees Davies, K.C.), instructed by Mr. Dennys (of the Crown Solicitor's office) appeared for the appellant, while Mr. H. J. Ruttonjee appeared in person..

·

The Attorney-General- said this: was a case stated by the Magistrate under section 98 of the Magistrates Ordinance of 1890 in regard to decision which he gave in a case in which the respondents were defendants. Their Lordships, would observe that the learned Magistrale a in favour of the respondents, and he did so an the grounds that the receipts were given by servante acting within the ordinary scope o their datics. In addition however, to the cases cited before the Magistrate there wore various other authorities, und, as far as he read the law, it apppeared to be quite clear that whore servants were acting within the scope of their authority, unless it would be shown they were doing something for their own benefit in which the muster did not participate, the master wns liable:

The Court expressed a desire to hear the

respondent,

our servants.

Mr. Buttonjeo said-I-appear for my father and myself. We have been tried by a court of competent jurisdiction and discharged, Wo have been summoned here by the Crown to be retried on the same charge and appear under protest. If we had been convicted, we would willingly have paid any fine imposed on us. The fault, if any, is the fault of our servants, Our solicitor appeared for us and raised the defence that we are not liable for the acts of Under the circumstances the Magistrate took that view. We are informad by our solicitor that the Crown are proposing to ask for costs in the event of the Magistrate's decision being reversed We feel that we have taken our trial and boen discharged, and that therefore we cannot be brought to this Court, and made to pay the costs of an appeal by the Crown against the decision of a Magistrate who is a Government Oficial. The appeal, understand, is on a question of law, which only concerns as in so far as it concerns the com- unity in general. We leave the matter in the hands of your Lordships with the repeated statement that we appear lore because we are Sumioned and ander protest. N

-section-109 P..

The Chief Justice-I think it is better that it should go back to the Magistrate as he knows the circumstances much better than we do. I will romitit back to this Magistrate to deal with in accordance with our opinion. *** The Patane" Julge In reference to the Judgment of the learned Chief Justice, I have only to say that I think the principles in the Attorney-General, the Carlton Bank" fulky cover this case. It does not seem necessary to express an opinion as to whether an assistant would be liable or not. Therefore I express no opinion,

The Chief Justice-Will the Crown press for coste ?

Mr. Hastings-Sir Henry Berkeley confined his argument to a place of business, but I am not, confined to that at all. I my he had a dwelling house.

Hia Lordship-1 thought I indicated that a cubicle could not possibly be a dwelling house.

Sir Henry Berkeley-I am quite prepared to deal with that, view If your Lordship wants to

hear me..

His Lordship-I don't."

Mr. Hastings-I don't sou any difference in

MANDI MA

SHERRY,

IMPORTANT NOTICE.

XTE

beg to notify our Customers and the Public generally that we have adopted New Labels imparing our Trade Mark for prod BRANDIES and SHERRIES and that suck labels will como into aso a from the 1er DECEMBER Next.

principle. No doubt this room was the man's A. S. WATSON & CO., LIMITED.,

castle, so to spank, and he paid $8 a month rent. I submit it is his dwelling honsa also his ordin The Attorney-General-This is a salary resklenou The question of his taking one which the master of a shop endeavours to escape room or fifty makes no differenos. liability to the Crown.

His Lordship reserved his decision.

The Chief Justice-But the Magistrate being in bis favour, I only suggest that perhaps you Won't."

The Attorney-General did not, and the Court remitted the bad to the Magistrate with the expression of their opinion,

IN BANKRUPTCY.

Berens His HONOUR SIB FRANCIS PIGGOTT (CHIEF JUSTICE).

THE ALLANA ESTATE,

Mr. G. H. Wakeman, trustee in bankroptoy said this case was adjourned in order that be might consider what steps should be taken with regard to a cortsin deed, He understood hail bagn fled, and the time for hearing, that that another petition against the same debtors

would ask his Lordship to adjourn the case for petition had not yet arrived. Therefore he a week. The other petition filed altered the state of things, and it could not then be heard is the sight days after service were not up,

FOOD

MAKES

STRENGTH

People who tool tired, languid, feeble unstrung, nervous, into, ill and unhappy, need one thing to make them strong, vigorona, and comfortable again, viz., Food.

Food will do this when drugs and medicines have failed entirely.After it is digested it will people who do not digest their food is not the do it, not before. This tired languid feeling of healthy tirginess brought about by band, work, It is more or less a paralysis of the perves and other organs caused by the poison in the blood,

cannot digest food, Mother Seigel's Syrup will created by undigested food.

When your stomach is so deranged that it

will also purify the blood from the poison caused tore it up sad help it to do its work. It by andigested food and prevent the formation of any more such poison.

Thousands of people every year are made woll and strong, cared of indigestion and stomach- Mr. John Hastings (of Messrs. Hastings and and liver disorders by Mother Seigel's Syrup. Hastings) said he appeared for the petitioner in Why not you? Read the testimony of Mr. William Simpson, ex-champion walker of the ratione-did-not-understand what world who lives at 50 Farrington Plays, these proceedings were, as his Lordship had Southend--Bes. On July 11th, 1908. Mr. made receiving order.

***

His Lordship-An interim receiving order, Mr. Hastings-No. On my petition you made a receiving order.

His Lordship-Last time I think you argued that on presentation of the petition no other creditors had a loves stundi. This case shows that on presentation of a petition other people may have a locus standi,

Mr. Hastings I don't understand how another patition can be presented, for a receiving order has already been made.

|

Simpson said: "I am not yet quite 43, and for the great part of my life hare hopen healthful and Bub a year ago I felt l

festa prove vigorous, as my various we trouble wis indigestion. After eating I would have, violent pains at the chest, and was sick and must for exertion. I tried various medicines, but the only one to relieve ms was Mother Seigel's cured us, and I have been quite well from that Syrup. Three bottles of that remedy offcutnally

day to this.

Medicines which merely relieve for the moment ueror cure. That is why so many fail where Mother Beiger's Syrap so surely cures. His Lanship-I don't see why not: they may its contents, and cures by restoring natural This great really sets on the stomach, not on action that enfeebled organ.

have to be consolidated afterwards

The case was adjourned for a week,

A QUESTION OF DOMICILE.

Re Chan Yu San, ...

Mr. John Hastings represented the petition. ing creditor, and Sir Henry Berkeley, K.C.,. who was instructed by Mr. Otto Kong Sing appeared to oppose the petition.

Sir Henry Berkeley asked that the petition be dismissed on the ground that the personal requirements of the Bankruptcy Ordinance had not boeri fitilled in the case of the debtor as to render him liable to the jurisdiction of this Coart.

Hig Lordship--I think the case now stands. with Mr. Hastings.

Mr. Hastings-Your Lordship adjourned the

the best action for further evidence, and directed that the Kwong Man shop should be subpoenaed, so I suppose they must be called,

Mather Seigal'e Syrup is also prepared in Tablet form, as Mother Seigel's Byrup Tablets. Price 2/9.

[67-6

WEATHER REPORT.

The Hongkong Observatory yesterday issned the following report: -

On the 20th at 11.30 -The depression is moving Eastward over the Set of Japan.***

The barometer is rising over Chins, while a slight fall his cecurred in the S. Philippines.

The high pressure are lies over the con- tinent to the North of the Upper Yangtze.

The monsoon will freshen again in the Formers Channel and continue to blow strongly over the Chim Sex.

Hongkong rainfall for the 24 hours ending at 10a.m. to-day. 0.00 inchos

The forecast for the 24 hours ending at noon to-day is as follows:-

The Fornesa Chamiel ...

N. and N.E.

ing; tike

N.E. winds, strong

Sir Henry Berkeley I take this objection to is directed solely in support of the petition, then shorten the preceedings Unless the ovidence Hongkong & Neighbourhood, winds, frerken- there is no need to call any evidence. Petition rests its claim to the jurisdiction of the Court on the allegations that the debtor had

loco of business in Hongkong.

His Lordship There, is an issus directed to ton of the Bankruptcy Ordinance. The issue see whether the man comes within the jurisdie-

is really raised by your client, and he says thie mua is not domiciled, or within the jurisdiction" of the Court. To clear up the point the partner of the Kwong Mau should be called.

Mr. Hastings He is my friend's witness. for you. If you want him, call bim-

Sir Henry Berkeley-I am not calling him

of the Kwong Mau had been taken,

After the evidence of the managing partier

deltor was foreign at all. On inquiring into Mr. Hastings said he did not aduait that the the sirennstances he was told that to had been resident in the Colony for thres or four years by cinnamon. The debtor may have resided and that he went down to Annam annually fo

half the year in Annay and half the year in Hongkong, but that did not matter much The fats admitted were that he brought goods from Anam regularly in order to sell them in Hongkong, and he did all them in Hongkong.. He could not see what his Lordship'a doubt in the matter was. The case seemed absolutely

plain, and to go far beyond the authorities

quoted.

the Bankruptcy Act applies.

His Lordship-Ho`must be a person to whom

Mr. Hastings-I quite admit that.

he is a person subject to the laws of the Colony His Lordship The proposition is that unless he is not subject to the Bankruptcy law.

The Chief Justice-What the respondent has just said I am afraid we cannot fake account of. The law provides that if one party is dissatisfied with the decision of a Magistrate, a case may be stated for the farther opinion of this Court. So far as the question is concerned, the ordinance mposes the duty to stamp a receipt. On whom does it impose it? On the person who- receives the money Who is the person who receives the money? The person who ultimately receives it, Lc, the person to whom is it due,

Mr. Hastings-I quite agree with that. A and to whom it is, in fact, and in law, paid foreigner who comes within the jurisdiction is To hold otherwise would defeat the object not subject to the Bankruptcy law; a Britisliar

the Ordinance. The duty being im

ont of the jurisdiction, who commits an not of posed on certain

person, it is hi bankruptcy, is, because of his nationality. But {duty to comply with the Ordinance. Hoa foreigner coming here temporarily and doing cannot evade liability to the penalty by allow husiness bere, if he commits an act of bank- ing other persons to physically receive the ruptcy is subject to the jurisdiction,

on his behalf, and whe may or may not

топну

В

His Lordship Lam very anxious to get this the receipt. I doubt very much whether paint settled. It came up a few years ago, but a servant would be liable, but I do not express has never been mentioned since. any opinion on this point. There is no question Sir Henry Berkeley said the question on of complicity-merely a question of breach of which the tesision of the Court would turn was the Ordiuanes, Therefore, I am of opinion that merely one of fact. It was a question of fact, the Magistrate's decision was wrong. The mingled with law, whether the man was question goes back to the Magistrate now to domiciled here, and it was a question of fact impose a fine.

whether he ordinarily resided here, whether be

South coast of China, between same as No. 1.

Hongkong and Lumocks, S South coast of China between Same as No. 1.

Hongkong and Hajuan...

A HUMAN SACRIFICE.

A case of human sacrifico lan weenrred in

Ranchi. Calcutta. A Bania purchased a Llage, the fields of which were very fertile.”

He was so elated that he determined to offer a human-sacrifice thanksgiving. For this par pose, the man engaged a boy on the pretence of catching birds for him in a certain jungle, There, the boy was set upon by two meu who were engaged by the Bauts to commit the sacrifical murder in due form. Discovery and Chote Nagpur Sessions. The Court, holding arrest followed. The man was committed to the accused to be a simpleton, took a louient row of the case and sentenced him to transportation for

o

BISHI GOSHI KAISHA.

(MITSU BISHI CO.)

COAL DEPARTMENT.

SOLE PROPRIETORS of TAKASIMA, OCHI, HOJO, NAMAZUTÁ, HAYO, SHINNEW, and KAMIYAMADA, Collieries,

SOLE AGENTS FOR

KISHIDAKE, MIYAO, and KIGYO., KOMATSU Coals

HEAD OFFICE MARUNOUCHI,

TOKYO,

BRANCH OFFICES NAGASAKI, MOJI, KARATSU, WAKAMATSU, KOBE, OSAKA: SHANGHAI, HONGKONG, HANKOW. Cable addresses for above, "TWASAKI" Codes, AI, ABC 5th Ed. Western Union,

AGENCIES

YOKOHAMA M. ASADA, Esq. CHINKIANG: Messrs. GEARING & Co. MANILA: Mesa MACONDEAY & Co.,

For Particulars apply to

HQISHI Manager, No. 2, Pedder, Street, Hongkong, 7th August, 1908.

Hongkong

WINE AND SPIRIT MERCHANTS: ESTABLISHED A.D. 1841.

FACSIMILE OF LARELS REDUCED TO HALF. ACTUAL SIZE.

SUPERIOR

Pale Brandy

AL Valam & Co Limited. Kung King China Annilo

ESTABLISHED AD 1941

SUVERION OLD

Cognac

Al Wertura de CPonted Kerry Fungerar damita

ESTABLISHED AD COST

SUPERIOR OLD LIQUEUR

Cognacs

AP WaBon VC Lomited. Kong Kong China? Manila

ESTABLISHED A.0.1841.

VERY FINE OLO PALE ›

Liqueur Cognac

Spéendly Subusom for

AS Watson & Co. Londed) Hong Kong Cheats, Manila §

Th

ESTABLISHED A

E

FINEST. OLD

Brown Brandy

Sprays for

A S. Watson & Clomid Hong Kong Chinat Manis

ESTABLISHED AD 1841.

Sherry

VINO DE PASTO

Specially art for

ASWatson&C Limad

OLOROSO

Sherry'

by messy anchored for

A.SWatsons & Lante

HONG KONG, CHINA & Kanisa..

ESTABLISHED 1841

GRADE

PALE DAY

Sherrie

AS Waldon& Co Lunited

E

Heng Kong China's Manila

"ESTABLISHED'ion 7 {E}

FINEST PALE DRY NUTTY JA

SHERRY

„SPECIALÈN SELECTED FOR

A.S.WATSON & COUP -HONG KONG, CHINA & MANILA, J

Hongkong, 25th November, 1908.

1604