1909-07-29 — Page 3

SUPREME COURT,

Wednesday, July 28th,

IN SUMMARY JURISDICTION.

BEFORE HE Honors Ma. E. H. J.

ÜompeKiz (PUIŠNE JUDGE)2:AS

CLAIM FOR WAGES. · ·

The Paine Judge delivered his reserved decision in the case in which A. Landau sned --the Oriental Brewery Co. to recover #209.50, being a to $100 for one month's wages; sa to $100, one month's wages in lieu of motion; and se to $9.50 out of pocket expenses agreed to be paid by defendants.

Plaintiff was represented by Mr. Crowther Smith (of Mesurs, Álmada and Swith), and Mr. Davidson (of Messrs. Hastings and Hastings) appeared for the defendants.

His Lordship said he had como to the con- clusion on the facts that the engagement was temporary engagement, that was to say, that the plaintiff was there on trial. The only sum due to hins, then, as salary, was the amount. pald into Court, #33.33. u to the claim for expenses, it seemed to his Lordship that it was not a condition procedent that accounts should be given. If they were wanted, the defendants should have asked for them.

The sum was b

small one, $9.50, and on the whole kis Lordship thought that if there was such a condition at, tacked it might have been held to be waived by the defondunta. He would give judgment for the plaintiff for the amount paid into Court, and the amount of his expenses, $9.50,

Mr. Davidson mid his Lordship had discretion in the matter of costs, which need not necessarily follow the judgment. He submitted that in this one the plaintiff's claim was not a genuine

one; it was merely a "try on.

*

His Lordship-I am not sure that it is.

Mr. Smith--In certain it is not,

THE HONGKONG DAILY PRESS. THURSDAY, JULY 29TH, 1909.

Mr. Potter asked how that could be when they were in fact different contracts. The case cited by his friend was one continuous contract which could not be split na. Here thers were three different contracts, and if the plaintiff | had brought an action at the end of the eighth moon she could not have sued for money due at the end of the ninth moon. It did not make it one cause of action because they liked to give the defendant grace.

Mr. Orr contended that if the dates were

allowed to run on until over $1,000 had been borrowed, then plaintiff must take her proper remedy

the original jurisdiction.

Mr. Potter said the items in this case were not connected at all. His friend's argument was that because the plaintiff did not take steps at the psychological moment the three notions were all one,

His Lordship (to Mr. Orr-Supposing you

His Lordship-I will diamins such action with

Corta.

Mr. Potter-Do I understand the judgment is that those three notions become merged into one

the section which states that there is one cause His Lordship-I held that they come under

of action existing at the one time.

Mr. Potter-Your Lordship holds that the three write form one cause of action. I

be

a very good thing if there was an appeal. It is His Lordship--Yes, and I think it would

a very important poist.

The notions were dismissed with costs.

MARINE MAGISTRATE'S COURT.

Wednesday, July 28th.

R.N. MARINE MAGISTRATE),

bought a horse from a man, and a month after BEFORE COMMANDER BASIL B. H. TAYLOR, wards bought a gan, if the amounts were not paid wouldn't that be two different causen of action?

Mr. Orr said it would not, and submitted that In the prosent case there was but one cause of action.

His Lordship -I am not sure, but it seems to me that these are not connected and continu- ons transactions. Na

Mr. Potter said, his friend's grierande was because the plaintiff did not promptly go for this man. Because she was not harsh she was to be doprived of her remedy in this Court.

Bis Lordship stated that he was not prepared to decide the point at once, and on the sugges tion of Mr. Orr adjourned the hearing until after tin.

On the Court resuming,

Mr. Potter stated that before his Lordship gave judgment he wished to call his attention to s case he decided the other day which was Yay much the same.

DISOBEDIENT FIREMEN,

Chief Engineer. H. W. Woollam, of the Bri- tish steamer Indrapura, prosecuted sixteen lawful commands on the 27th instant. Trdian fremen for combining to disobey his

Defendants pleaded not guilty.. Complainant informed the Court that when

fond the defendanta lined up outside the saloon. be arrived on board at 11.12 sm. yesterday he

When naked what they wanted they replied that they did not want to do any more work, but wished to be signed off. Each

THE BANGKOK, RIVER.

LADEN CARGO BOATS SUNK.

Asurious accident occurred recently in the ricinity of Windsor's Wharf, Bangkok. The

going down stream stern first. She was in Norwegian steamer Haldis, chartered by the Chino-Bism Eteam Navigation Co., Ltd., was charge of a pilot. Just by Windsor's, either on account of the strong current or same miscalculation, she smashed into a number of

clear the Haldis injured a couple of R. B. beats lying alongside the Chingmai, Three cargo and two rice bosta were sunk, and in gotting, bosts and injured her own Company's launch. It in stated that the total damage is close on Tos. 50,000, & Chinese was crushed between two of the boats and killed. Inquirice are being made into the circumstances by the interested parties.

Azother account says that three cargo boats loaded with rice and one loaded with salt were sunk. The lanach of the Company was also collected before the vessel loft was also lost on sunk, and it is reported a sum of money

board the launch. The Haldis was unfortunate enough to damage two of the blades of her propeller, so much so that a visit to the dry dook Hongkong is very probable. The vessel wat being piloted by Captain Christiansen, formerly Department. Recently, about three months in the Royal Navy and later in the Irrigation ago, he became a licensed pilot, and since had started, in business for himself.

39.

The sunken cargo bosts were owned by Chiness.

SENTENCED TO DEATH.

THRSE FIRATES TO HANG FOR JOHORE ATROCITY.

special

POINT RESERVED FOR BENCH OF JUDGES, The three Chinese found guilty by a jury at Singapore of participating in the piracy, sentenced to death by the Chief Justics, Sir W. of the Johore coast, in April last, were Hyndman Jones. Two other Chinese originally

the three condemned men were ananimously charged with taking part in the affair had been given the benefit of the doubt and released, bat

font found guilty of piracy by the jury. The death sentences passed, however, do not constitute the final stage of the trial, for when the court assembled in the morning, Mr. Knowles, who has conducted the defence, ad- dressed his Lordship on the jurisdiction of court to inflict capital punishment on the con- vieled trio. The arguments of Mr. Knowles, and of Mr. Hastings Rhodes, replying for the

had jurisdiction to try the scoused, it had no Crown, compied the whole morning

Mr. Knowles sabmitted that, while the court power to inflict sentence of death, but could only pass such sentence short of death, as it might think was sufficient punishment.

"

the

A PIEVIOUS CASE.

court of appeal, in 1886 at Penang, in a piracy Mr. Rhodes roferred to a decision of the local

cass

This decision was to the effect that only crime of piracy. After considerable discussion, capital punishment could be inflicted for the

his Lordship pointed out that he had no power to adjourn the ease and reserve it for considera- tion by a full court of judges.

Mr. Knowles mid the judge had the power to reserve point of low for consideration by

the full bench.

done after sentence had been passed.

Mr. Rhodes remarked that this could only be

do

is to alter the sent his sonsti His Lordship-all that the full court can

Mr. Knowles asked his Lordship to pass sach the matter go befere the full bouch of judges in santance as he thought he could pass, and to let order to obtain an opinion on what really is the law of the colony in respect of the offence of by the united opinions of the indges of the piracy, and the punishment therefor.

His LordshipsThe present law, as expressed chance is probable with fast, o, is that

TRADE OF CHINA IN 1908. The Returns of Trade and Trade Reports for 1908 have just been issued from the Statistical Department of the Imperial Maritime Customs was asked individually if he was first part of the fascicle, it appears that the total From the elaborate statistics supplied in the going to return to work, and each said Customs revento for 1908 was lk. Tls. 32,901,095, be would not. Witness reported to the master, against Hk. Tis. 33,861,346 in 1907 and Hk. when they again refused his orders and went a 36,068,595 in 1906. Shanghai's share was forward. None of them had done any work. Tia, 9,613,526 for 1908, against Ik. Ta since, although he warned them of the vicinity 1900. It is to be noted that the raven us collected 11.007,454 in 1997 and Hk. Tis. 12,823,87 in of a typhoon.

Captain W. E. Kelway stated that he The gross value of the Foreign trade of thins at Shanghai lust year was the lowest since 1902. Mr. Orr objected. He thought his friend had wont to see what was the matter when he imports totalling Hz. Tis. 4-6,544,663 and for 1900 was H. Th. 701,264,231, the Mr. Davidson asked his Lordship not to give had ample opportunity to raise the point in the saw the men lined up. He told them through the exports H M 291,709,578, in which latter the offence is punishable with death, the plaintiff his costs in the action. If his morning.

the Serang to return to duty. On their Chinese produce figured to the value of Hold Courts Ordinance. Lordship thought the case was a genuine one, His Lordship You mean I gave judgment refused he holsted the paties flag. When 15,049,175. The grand total in 1907 was Hk. - 276,664,413 and foreign produce Hk. Th ho had nothing more to say; if it was otherwise, ¦ in a similar case?

police officer boarded the ship he asked 17. 706,122,652, imports amounting to Hk. Tls. defendanta in his presence if they would turn 429,071,662 ant exports Hk. T. 177,050, 90 His Lordship-Very likely the point was not to, and again they refused. No complaint had (Chiaoss produce HE. Ths. 246,380,697, foreign produce lk. Ths. 12,670,293). In 1905, the best in the decade, the gross value of the foreign trade, was 2. Tla, 713,176,470, the importe totalling Hk. Tis. 461,194,542 and the exporta pass sentence now, there would be this dimonity His Lordship pointed out that if he did not H. Ts. 241,981,938 (Chinese produce H. Ths.if the full bench should decide that the death

gives the total for China as 438,214,000 and of would come back to him, and the matter would 227,888,197, foreign produce Hk. Tls. montence was not a proper sentence, there would 14,093,741) An estimate of the population be no sentence which they could alter. Then it the open ports as 7,257,000.··

be # serions one, because there would HAR very apparently be nobody who could pass any sentence at all.

he thought the defendants should get costs.

is Lordship-I shall let the costs follow the

judgment.

À SUMMARY OR ORIĢINAL ACTION? Three claims to recover principal and interest due for money leat were brought by Kan Taoi Shi against Woo King Hang. The first olim was for $795.42; the second for 570.77; and the

third for $642.27.

Mr Potter Yes

taken.

Mr. Potter Mr Goldring raised the point. Mr. Orr-That was a totally different case Three promisory notes were given.

Mr. Potter I was going to sak your Lord, ship, in case you intend to decide against me, to give us a further opportunity for arguing the Mr. Eldon Potter, instructed by Mr. F. Xpoint, as it leads to a strange proposition of law. d'Almada Castro (of Messrs. Almada and

His Lordship-Do you mean you are taken Smith) appeared for the plaintiff, while defen-

by surprise dant was represented by r. J. W. Orr, who was instructed by Mr. John Hastings (of Messrs. Hastings and Hastings).

His Lordship asked if the cases were to be taken together.

Mr. Potter asked his Lordship to take them together.

Mr. Orr said he was going to object to his Lordship hearing any of the ass. In the three actions brought against the defendant the total

amount came to $1,800 without interest. He submitted the ten alleged loans were all ono cause of action, and that the plaintiff could not divide her claim we as to bring it in the summary court.

His Lordship—Are there any pogotiable instruments P

Mr. Orr-No, these are simply claims for money, lent.

મન

ever been made to him about the second engineer striking any of the defendants.

Sergeant Sutton deposed to the men refusing duty in his pressNCE.

the second engineer we always striking him, The excuse of the first defendant was that

The remainder of the firemen said they were auxious to leave the ship.

His Worship sentenced asch of the de... fendants to imprisonment with hard labour for ten weeks, or until the steamer's return

Mr. Potter-My point is that it does not come in the splitting section at all, and that these to port

three actions must become merged into one by some process of law.

His Lordship-On each writ there are several ums laat on différent dates, and presumably they are repayable on different dates.

able on the same date.

Mr. Potter-Thous ou one writ are all repay-

Mr. Orr-Some amounts are borrowed in the seventh moon, and one on the ninth moon. I have freely admitted that these are separate

issued there was one cause of action. contracts, but I say that before this writ was

Mr. Potter-My friend admits that at one time we must have had three causes of action, but now there is some process, ha has not given nn instance, of these becoming merged.

His Lordship He quoted from the Law His Lordship-The parties in those cases are Journal. In all the cases that have been cited, all the saine P

and in others I have referred to myself, the Mr. Orr Yea.

Court as a rule has tried to get over the objec- His Lordship wily plaintiff would always tion if it could, and I would have done so if I get promissory notes.

gould, but I don't think I can. claim, simply for money owing and which ought There is one to have been repaid on different dates, but has not been repaid. It seems to me that it is all one claim.

Mr. Orr--There is no question of promissory notes hore. Several separate contracts may

come to one cause of action.

Bis Lordship-I think I am inclined to agree with you. Give me your authorities..

SINGAPORE LADY'S PERIL.

ATTACKED BY MALAY RAMEN.

A lady passenger on the steamer Von Spilder gon, which arrived at Brisbane from Batavia ports on Jana 25th, had a narrow escape from long after the steamer left Java. The lady in losing her life is a mast magic manner at question is Mrs. Windeld, of Singapore, who is on a round trip to Sydney,

Ta

HOW TO DEAL WITH THE UNDESIRABLE.

GERMANY EXPELS 4,000 FOREIGN WORKMEK.

Mr. Knowles:--That was in 1886, under the

His Lordship --The very not you rely upon

showing that piracy is not punishable with death was passed in 1874, twelve years before the local beach of judges decided that it was punishable by death.

THE DEATH SENTENCE.

In reply to Mr. Knowlon, his Lordship said there would of course be a story in the carrying unt of any sentence passed until the point reserved for the consideration of the full bonch of judges had been devided.

Hie Lordship directed the court interpreter to tell the accused that they had been found guilty of piracy, that it had been decided that it was su, offence punishable with death, and that therefore he must proceed to pass soutence of death upon them. They were informed also that their ecunsel had argued a logal point and that that point would be reserved for considera- tion by a fuil court of judges which would eit in Penang about the middle of next month. They to show why sentence of death should not be were then asked whether they had any reason

Germany's drastically efficient method of dealing with undesirable aliens is strikingly illustrated by an official report issued on the 3rd inst, announcing that during 1908 four thousand foreign workmen were expelled from the country. Tis authorities were animated by various motives in carrying out these expulsions. Namorous foreign workmen were expelled for no other reason than that they had entered with their German em- guilty of breaches of contracts into which which players. Those foreign workmen who failed to fulfil the conditions of their agreements with passed upon them. German employers of labour were ordered by the palice to leave the country, and wors. kept 1 under strict police supervision until they had been ejected beyond the frontiers of the country.

Other foreign workmen were expelled because they conducted themselves in a disorderly way, thereby becoming a public nuisance. Others, again, were ordered to leave the country boonse they perpetrated different offences which brought them into collision with the German law. were men of Polish nationality from Russin, The majority of the workmen thus expelled

Poland, and Oslicia.

period (1908). Most of these aliens

Expulsion orders were made out against 319 aliens in the United Kingdom daring the same convicted criminals.

were

Os the night of Friday, June 11, says the Briskane correspondent of the Sydney Daily Telegraph, Mrs. Winfield retired to her cabin at the usual hour, and, as the weather was warm, she left the door of the room ajar About half-past 11 she was suddenly awakened from her sleep by fooling a hand upon her throat. She was horrified to find that she was being attacked by two of the Malay crew, one of whom was endeavouring to cut her throat, Winfeld sprang out of bed and proceeded to Without even screaming for assistance, Mrs. defend herself. Blood was Bowing from a gap one of her thures as lacerated. ing wound in her throat, and in the struggle

Mrs, Winfield rushed out of her cabin and in

Eventually the would-be murderera fied and formed the master of the cecurrence, To Euro- peans all coolies of a particular race appear could give as to the identity of her usailants to be alike, and the only clus Mrs. Winfield

was that one of them wore blue pants. Captain von Emmerick happily hit upon a very effective expedient for tracking the would-be murderers. Mr. Potter admitted that a plaintiff was not

Mr. Potter-To-morrow, in Chambers.

Summoning all of the crew, he felt the heart- beats and pulses of the man, and in this ingenious allowed to split up his osuse of action, but his

Mr. Orr-The point was reserved this morn manner be was not long in detecting one of the abandoned outside a penal settlement on the case was antiroly different. His client male ing for judgment. My friend had ample culprits. This man, whose palpitating heart Island of Saghalien, brought up and cared for cortain loans in July, 1908, and charged a certain opportunity to argus the case, and I think it is clearly indicated his share in the guilt, admitted by the convicts, and afterwards educated at rate of interest, and those loans were to be

now not fair to me that it should be re-opened.

connection with the affair, stating he was to their exponse, comes from St. Petersburg. repaid by certain dates.

Mr. Patter-It is in your Lordship's powerle named, cut the occupant's throat.

plunder the cabin while his accomplice, whom and girl wrapped in rags which gave no elne

to her was found to hear further argument now, or on another Mrs. Winfield's injury, which fortunately did settlement over twenty years ago, and, being not prove very serious, was immediately attended

any guardian, was put in the charge of deserving of further argument.

There is on her throat a mark which she will carry to her grave. The would-be murderers were placed in frous, and on arrival at ouer one of the Ara Group, they were handed over

Mr. Orr, after quoting authorities submitted that plaintiff's proper remedy was not in the summary court, and asked his Lordship to digniss the actions.

Mr. Potter--There was one point I intended to urge if this is permitted to be fully argued.

His Lordship-When do you wish this full argemout to take place !-

his

PRISON ROMANCE,

RUSSIAN CONVICTS WHO PAID FOR THE EDUCATION OF A WAIF,

A peculiar story of how a baby girl was found

without

Mr. Orr said he had had no notice that the day, if your Lordship thinks it is a point to. The wound, however, has not yet healed. female convict The convicts, most of them

loans were repayable on different dates.

Mr. Potter said there were three items on the first writ. The first loan was made on July 2nd

His Lordship-It is not un easy point. and the next two on the 5th. All those loaus were Mr. OrrI think the point was fully argued repayable two months after date, and the interest this morning. I would ask your Lordship. to charged was one per cent per month. On the give judgment, and if my friend likes he third writ there were three loans, one made on can appeal. the 19th and one on the 25th July, and another on August 21st: Those loans were repayable on a different date altogether, and carried a differ

ent interest.

His LordshipWhen are they payable 2 Mr. Patter Three months after date, and the interest was 1.2 per cent. Proceeding,

to the enthorities.

WEATHER REPORT

POINTE RESERVED.

is a false one, I am not satisfied with the sex- The first man said The charge against me tence. If I go to the next world, I will bring the detectives and all the others who are against the case there. I will prosecute the inspector,

not believe me, I can say nothing more. me. I have malo my statement, and, as you do

with the sentence, and said that a relation who The second man expressed his dissatisfaction hore a grudge against him had got him into this trouble.

The third man said the trouble had boon brought upon him by Gon 14, the Johore kedeh keeper, who was called as a witness in the case, being still under arrest.

His Lordship then assumed the black cap and sentenced the three men to death.

SORE HANDS KEPT

MAN IDLE A YEAR

Skin Came Off from Finger Ends to Elbows-Treated for Months by Skin Specialists Who Could Do Nothing for this Distressing Case.

FOUND PERFECT CURE

AT LAST IN CUTICURA

"I had blood poison in both my hands. My doctor at the blood poison

out all right but, with the treatment he gave me, all the ricin came off my handa from iny Anger ends up to my albows. They were as Faw a boat. "I was in- able to do any work for abovi twelve months ping to this accident. The doctor kept me under his care all these month, He tried every- thing in his power and it was not much better in the end. So at last he told me he would do no more for me and I felt very down-hearted as I thought I was not going to get better. The doctor advised the to go to a skin specialist, and so I did. When he looked at my hands he said t was very bad ouME, "I was under his care for a few months, but I was no better with all his treatment. I gave it up for a bad job, and I sold my doctor I was getting no better. He recommended me to the

Infirmary to try another skin specialist. I tried h treatment for three months but found no benefit from it at all. Six years ago I thought I was not going to get a cure. One day 1 saw tie Cuticura Remedios advertised and said I should like to give them a triat. I sent for Cuticura Soap and Cuticura intinent, After I tried them and saw that my hands wer coming on first class I persevered till I got a cure. Now my hands are all right and I am at my usual work. bever without Cutigues Soap and Dint- ment and shall praise them wherever I . Mr. Willlain Roberts, 9, Top Row, Maabenton, br. Ruston, North Wales, Eng., Nov. 12, 1907, and Jan, 29, 1908."

Compiste External, apă înjezpal Treatment for Bay Breen of Lahat, Ouldren, and aqua 1 of Cufleura Bond in Clexane the filkin. Cath BUR OTALOLAnt to Heal this skin, khá titleurs fo

olup of Cuticurs Resolvent Pills Purify the wood Blogie dies vttoli (ura, Bold throutons Sakwogię. DepoLA) | London. 47, Charterhot 19 Farine de la Paix; Australla, H. Towasa d drkper: todia, B. K. Fal, estructu; 1.8. A, 200- I Drug & Choc, Corp., Holy Prope, singas Piet free from Loudon Depot, libere? mmple Cutlar, and

giving directips.

One of the skis.

54-8

between trouty and twenty-eight who wore qualified to play in any side in England. In the side, for example which went to Australia in 1882 under the present Lord Darnley there was only one amateur over thirty, and that was Mr. E. F. S. Tylecote. The Inte Mr. Walter Road was about twenty-seven, and all the rest were under twenty-five. No wonder our fielding had a dark and surartness which would not have been there if the majority of ns had been nearer forty than thirty!

THE OLD BRIGADE,

In the present day we keep on the old brigade far too long. They get stiff in the field, and are more liable to strains and other accidents than younger players. Again, they cannot, or activity between the wiskets. This not only some of them cannot, run with any pace or

loses rans to their partner who is with them at

lowes rons to their own individual score, but

the other end.

Few men in this country can throw well after Again, throwing, and throwing hard and fast, is a most essential thing for good fleklamen. thirty-five. The Australian keep their powers this is owing to their home climate not being. of throwing much longer than we do. I think

so day, and foggy as ours in England.

I should like our team for the next Test who played last time. They are a strong, power- match to consist of practically the same bowlers ful, and fine lot of bowlers. I fear that neither Mr.sop nor Blythe will be able to take part in the game. But do let us have some young, keen cricketers on the side-nou who can both run and throw and hit a half roller with the bat as it ought to be hit-viz., straight and hard.

The Australians are a good side and good The points raised by Mr. Knowles for confighters in Test matches, but I cannot think sitleration by the full court of judges are:-(1), that this particular team is equal to our best, if that the court has no jurisdiction to indict we get our best. We must not grudge them capital punishment for an offence not punishable their two victorim--they were thoroughly well by the law of the colony; (2), that the jurisdic deserved; bat du let usput our house in order and tion in Admiralty offences in the jurisdiction set to work and try to turn the tables on, them. conferred by the Admiralty Offences (Colonial) Act of 1840, as modified by the Courts (Colonial Jurisdiction Act of 1874.

All ericketers have, I think, perfect confidence that the selectors will put a really strong side into the field for the next game. My ples (the only reason I am writing) le fur youth. Cricket in a game at which youth will be served. There must be lots of good, capable young cricketers in the country who have never had their chance of playing in the larger class of match simply because the older players monopolise the places. I am well aware that many cricketers have preserved their cricket abilities till they have been well advanced in years, but I have always doubted whether they were really useful in first- What are a few runs with the

ANCIENT CHI ESE MANUSCRIPTS.

Mach interest has been aroused in Paris by the announcements made by M Pelliat, in the Bulletin d'Ecole Francaise d'Extreme Orient,"

Counsel stated that there were four loans on the not known to the law that any separate causon / At 12.15 p.m. The barometer has the son of the head of the firm. Her foster- any moment nerves, some may call it; others, regarding his romarkable discoveries in China

second writ, and they ware repayable at the end

AGE-LIMIT FOR CRICKETERS.

THE CLAIMS OF YOUTH. Mr. A. G. Steel, K.C., contributes the follow. robbers and murderers, were strangely touched ing to the Daily Mail:--- by the simplicity of the Infant and obtained the We all remember the lines from Goldsmith menced by denying themselves of some of thing that's eld: old friends, old times, old man-class cricket. governor's consent to adopt her. They comin "She Stoops to Conquer ”—“I love every- their ratious,

and time wore on put ners, old books, old wine!" A pretty sentiment bat, if runs are lost by slow running and bac by small sums of money in order to give which most of us agren to! But do we love old | folding? her an education. At the age of eight, an cricketers, past their prime, who take part in Let us have youth sad plenty of it. Mr. Potter-My friend is quite within his

intelligent and bright child, the convicts sent the English representative side against the rights as to aplitting, and if it was simply a

her to a boarding school at Blagnovestolensk, Australians? splitting of the action I would have been quite the following roport:-

Passing her examinations brilliantly she would I am not one of the panic-mongers who think The Hongkong Observatory yesterday issued have proceeded to St. Petersburg to study that English cricket is on the downward grade prepared to answer it, but something more has

medicine, if it were not that the troublesome because we have lost twe Test matches. Cor- to happen before splitting takes place. My hoisted.

Op the 27th at 9.00 pm-Black Drum times of 1905 in the empital deterred her. She tainly the batting of the English team has friend must first prove that all these causes of

obtained a situation at Vladivostock as foreign broken down in a startling fashion, but all On the 28th at 5.45 a.m-Black South (one correspondent, and shortly afterwards married cricketers know that any side may collapse at motion are merged into one. It is a proposition and Black Drum hoisted.

parenta were not present at the wedding, but, over anxiety. moderately over the N. part of the Sea of Japan, they forwarded her a baskot of flowers. Ar & The selectors for this someon of the English details of which have only just been made and fallen moderately over Tongking, S. China return for their kindness to her she forwarded side are all well-known and honoured names in public. It appears that a library of ancient His Lordship-Suppoen you had ten causes the Loochoos and Luzon. could you bring three writer?

an amount equivalent to the money expended on the cricket world, and have doubtless given great manuscripts, paintings on silk, &c., which had The typhoon is situated to the &.E. of Hong-her to form a sick fund for the prisoners at the varo, and attention to their very difficult and been hidden from the world for nearly 900 rather slowly towards W. or W.N.W kong in about 19° Lat. It is apparently moving settlement!

onerous task. But surely, without wishing in years, were found in a grotto near Tuen-huan, any way to be wise after the event, without Kansu. The grotto was wallart up in 1035, and wishing to show any spirit of panic, and without was not opened at all until 1900, while no proper wishing entirely to reconstitute the English examination of the contents of the cavern was side, we might pause and ask the selectors made until M. Pelliot's visit. He was simply The NYH. str. Sanuki Maru (European whether they are not choosing sons to play for astonished by the wealth of richly decorated. Line) left Moji for this port via Bhanghai on England who are past their prime both as manuscripts of Chinese, Tibetan, Brahman, and the 26th inst, and is expected here on the 2nd

Buddhist origin; while among the treasures dis I gather that in the last English side there closed he found several priceless Taciti texts The N.Y.K. str. Yawatu-Maru (Australian was only one man under thirty. The captain dating back to 750. The most important and is The forecast for the 24 hours ending at noon Line) left Kobe for this port via Moji and

was thirty-eight, and used to be one of a manuscript describing Buddhist pilgrimages lo-day is as follows

Nagasaki on the 27th inst.,

and is expected here the finest cricketers we have ever seen in to five distinct Indian kingdome. on the 3rd prox.

England, but I doubt whether he really N.E. winds,

The C.F.R., Empress of Japan arrived appreciates his task of leading the English

* strong.

Yokohama at 7 pm, on the 27th inst., and left side into the field. Mr. C. B. Fry is no longer N.B... winds, gain at 3 pm on Wednesday for Kobe, where that gracefal rauner sad folder that he used to fresh to strong.

she is dus to serive at 3 p.m. on the 29th inst, be, and certainly this season has not shown a

The P.M. str. Asia is expected to mail from his splendid form of past years. Same as No. 1 Tokohama on the 29th inst, for this port vin Kobe, Nagasaki and Shanghai, and is due here

of action should be merged into one.

of the winter solstice. They were separate contracts on the separate writs, and interest and principal were repayable at different times. Mr. Potter--Wa are always allowed to join There could be no splitting about that. On the bat where there are separate and distinct first writ plaintiff demanded her money when it notions there is no process by which they can be was due, and could not get it.

Mr. Orr-Then you could have sued for the whole of it.

Mr. Potter stated that it was not allowable to split a claim for $1,000 so as to bring the setion within the summary jurisdiction. The Ordinance referred to an action the subject ansiter of which exceeded $1,000.

merged.

Mr Orr-That is the whole point, whether thuy a separate or distinct actions. I would ask your Lordship to give judgment.

♫

ward of Japan.

The high pressure has receded to the East-

Strong NE, winds may be expected in the N. part of the China Son. Formosa Channel and rough weather over the

Hongkong rainfall for the 24 hours ending at 10 am. to-day, 0.01 inches.

LATEST STEAMER MOVEMENTS.

prox.

Hia Lordship-I must give judgment for the defendant, unless Mr. Potter wishes to amend.

àr. Potter-The only way we could amond Hongkong & Neighbourhood(") would be to agree that we won't recover a bal- Formosa Channel

South coast of Chinn between Hongkong and Lamocks, South coast of China between Hongkong and Hainan... ~(*) N.E. winds, freshening; unsettled aqually on the 8th prox.

His Lordship-The question is whether it snce of $1,000. does here?

Mr. Orr said the point was whether these ten separate contracts constituted one cause of action.

Mr. Orr I will ask for judgment and costs in each of the three actions.

Mr. Potter-Not judgment, my Lord. Thi is a non-suit.

batamen and felésmon,

We want, then, younger man in the side. Some thirty years ago, in the seventies and eighties, there were numbers, of young mem

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