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SUPREME COURT.

Wednesday, 31st July.

IN APPELLATE JERISDICTION.

BEFORE THE FULL COURT.

THE PARTNERSHIP DISPUTE.

COMPANY MEETING.

GEORGE FENWICK & Co.

THE HONGKONG DAILY PRESS, THURSDAY, AUGUST 1st 1912.

A general meeting of members of George Fenwick & Company, Ltd. (in liquida- tien), was hold yesterday at the offics of the Liquidators, Messrs. Porey Smith, Beth and Fleming. Mr. J. H. Seth pre- sided, and there were present:-Messrs. A. Rodger, G. K. Haxton, G. P. Lam: mert, and Lo Cheung Shui,

The notice convening the meeting hav- ing been read,

Their Lordships the Chief Justice and the Puisne Judge continued their hearing of the appeal from a judgment of the ex-Chief Justice in the ease of the Fook Lung Firm . the Lai Yuen Firm, the

The CHAUBAN said-Gentlemen,-The Shi Lung Firm, the: Cheung Puen Firm, accounts having been in your hands for and the Shin Kce Firm, partners of the Home days, I will, with your permission, Fan Wo-Firm, and-ban-Kit-Shan

Lake them as read. The best offer we The Hon. Mr. H. E. Pollock, K.C could obtain for R.P. of M.L. 31 and 30 with whom WAS Mr. Eldon Potter,

was $2.50 per square foot including build instructed by Mr. Reader Harris, of inga, and after consultation with the chief Mesars. Wilkinson & Grist, appeared accountant of the Hongkong and Shang- for the appellants, and the Hon. Mr.hai Bank we obtained a valuation from C. O. Alabaster, instructed by Mr. Palmer & Turner, who valued the land at Holborrow, of Mesars, Deacon, Looker $2.25 per square foot, equalling $91,757, & Deneou, appeared for the respon-and the buildings, for the purposes of Messrs. Geo. Fenwick & Co.'s business, at Mr. Pollock occupied a great portion | 820,000, making $110,000.

The price we of the morning in pointing their Lurd obtained was $101,952.50 as shown in the ships to alleged discrepancies in the accounts. We sold as much of the stock balance sheets of the defendant firms and plant privately as we could between which be alleged were either a fraud or July and December, 1913, and for that an error. He also dealt with the evidence purpose Mr. Andrew was employed by the given by Chan Kit Shang before the ex- Company up to the 31st December, but had we continued to sell the stock privately Chief Justice, and pointed out that the greater portion of his evidence was hear-

we think that the expenses which would say. Mr. Pollock also asserted that the

have been incurred would have been very judgment of the learned ex-Chief Jus-

dents.

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[

CANTON,

[From Our Own Correspondent.]

LOCAL BANK NOTES..

July 30th.

The most important question and the one which is causing those in authority most uncasinos and anxiety is still the matter of Local Bank Notes. Despite all sorts of schemes, proclamations, pro- mises and threats the people continue to be doubtful of paper money and it passes overywhere at a discount of from 14 to 20 per cent, and some people won't accept it at all. The latest sclicme has been to form what is called by the imposing name the The Cantou and Hongkong Banking Corporation," a sort of guild of mer chants, some of whom come from Hong- kong, to try what can be done by their using the notes at par even if they lose a certain amount over it or at least to

try to keep the discount down. A meeting which was woll attended in the Canto Chamber of Commerce was held, but the result has not yet come to hand. The whole question is getting tiresome. It is

some five months now since this matter started, though long before that local notes were not accepted in many quarters, and things are just now in exactly the same position. The amount of the dis

count has fluctuated, it is true, and public feeling has swayed one way and another, but always the paper money has been dis trusted. And why, Because the people

·MINDEN· DAY.

TO-DAY'S PARADE,

August 1st is the anniversary of the Hattle of Minden, in which the old Bist (now the 1st. King's Own Yorkshire Light Infantry) participated, and in celebration of the anniversary a Parade takes place on the Hongkong Cricket. and trooping of the Regimental Colours

Club Ground at 3.15 this morning. H.E. the Governor will take the Salute.

The men of the regiment wear roses on the occasion, commemorating the fact that as the regiment marched through a rose gardon on the way to the battle of Minden, the men plucked roses and stuck them in their beaddress.

NOTES AND NEWS.

MOTOR-CARS IN MUDDLEREK, It has been reported to tho Middlesex County Council that since the Motor-Car Act, 1903, came into operation on January 1st, 1904, £18,880 8s has been received in fees, and there have been registered 6,113 motor cars, 3965 motor cycles, and 113 heavy motor cars. THE ASSESSED VALUE OF THE CITY OF LONDON. The Assessment Committee of the City of London Corporation roports the assessed value of the City to to £6,824.076 gross and £5,730,819 rateable. The figures for the City of London are £8,774,244 gross and £5,669,309 rateable, the Inner Temple £31,073 and £28,368, and the Middle Temple £18,459 and 15,238 respectively.

FAILURE OF WELL-KNOWN LIVERPOOL ITEM.

THE GOLF CHAMPIONSHIP, PREVENTION OF CHOLERA.

The Vatin announces that the doctors at the Pasteur Institute at Tunis have devised a new vacination method against Asiatic cholera. The method consists in intervenous injections of comma bacilli The blood of the persons thus treated becomes extremnoly rich and they are ren- dered immune. The doctors made ex- periments on

themselves and

The famous Liverpool house known for The Battle of Minden was fought on so many years as Proctor and Son, the the 1st of August, 1759, the commander great corn merchants and brukers of the French forces being Marshal Courecently converted into Proctor & Co., dinand of Brunswick. tades, and of the allied, Prince Fer- etc.. has had to close its doors. It appears that one of the company's most The British troopa-six regiments of responsible and trusted employers has infantry and some cavalry--were under

been freely using the firm's money for small town on the banks of the Weser, in Lord George Backville. Minden is

rash speculations on the Corn Exchange Hanover, and was thus the scene of one

and the Stock Exchange and an official of the most celebrated of the Sovon Years

announcement has been published by the directors stating that the company is in War. The part played by the regiment

consequence unable to meet its liabilities. was as follows:-"About" 7 o'clock the e Battalions of 8 Companies each about

The defalcations so far discovered are 80 strong in the two brigades formed

stated to be between £60,000 and £100,000, to the right, marching up by sub-divi- plains of Minden. Under a heavy can sions in front, till formed upon the

nonade, they were opposed to a formid- able body of cavalry of the best troops of the French service. The first brigade under Major General Waldegrave, and consisted of tho 12th, 23rd and 37th,

the 2nd brigade, the 20th, 25th and bist, under Major General Kingsley, The 51st (1st K.O.Y.L.I.) were in the centre repulsed a very vigorous attack of the French cavalry on their retreat second column of cavalry charged furi ously, but the first line of the British troops opened, let the cavalry through, closed, went to the right about, and got the enemy between two fires, each line making prisoners the greater part of firing high and killing, wounding, or the cavalry which made the charge. The repulsed a Hack attack made by a Saxon two brigades then formed one line, and

Corps. The six British Regiments lost in the battle, out of under 4,000 men, 1 Officers, 11 Sergeants, 1 drummer, and 289 rank and file killed; and 51 Officers, 41 Sergeants, 11 drummers, and 919 rank and file wounded.

tice was wrung as regards costs. He said heavy, and, after having arranged the know well enough that the Government the ralons to costs in partnership actions sale of the ground, we decided to austion which is responsible for these notes has The two brigades marched forward and absorbed cholera bacilli through the

the rule as to costs in putter administras tion action, He could not find une case in which costs were given against people who wore in the same position as the plaintiffs.

After the adjournment,

Mr. Alabaster put forward objections to the appeal and also to the question

of Statute of Limitation being gone into at that stage of the proceedings.

After consultation their Lordships decided to hear Mr. Potter on the point of law with reference to the Statute of Limitation.

Mr. Putter proceeded to address the

Court

The hearing was adjourned.

THE TOPEE IN THE TROPICE.

A correspondent. "Iconoclast" in a letter to the Times of Ceylon combats the practice of wearing a topes in the tropics. He saya :--

the remainder of the stock and plant before the 1st December and instructed Mr. Gru. P. Lammert to hold an auction on the 28th, 29th and 30th of December, and we consider the amount realised very satisfactory. An item which calls for special mention is the amount paid to Messrs. Fred. Wilson & Co., of Manila. Gea. Fenwick & Co. built the steel lighter

little or no money; and until the Govern ment in Kwangtung floats a loan or gets money somewhere things are going to remain the same. This money question is the most serious hero, as it is the cause of other trouble and affects everybody and an ezid of it all must come sometime or other. It is to be hoped that this new attempt by the merchants will have some

Tite to the order of Messrs. Fred. Wilson | success. & Co., and in the accounts made up to the 13th July, 1011, there was, according to the contract, a balance of $1,464.72 due by them, and this appeared in the Sundry, Debtors' Account at that date. At that time correspondence WAS pass ing between Geo. Fenwick & Co. and Messrs. Fred. Wilson & Co., who claimed 85,528.32, owing to the lighter having too much draught when

laaded, and after several consultations with Mr. Andrew, who advised us to settle this claim by foregoing the amount due by Fred. Wilson & Co., we wrote them accordingly, but as there was a great difference between the amount claimed and what we offered them they would not agree to these terms. After a great deal of correspondence we wrote to our Manila office 'asking them to see Mesurs. Fred.

Wilson & Co. and come to some arrange ment; and Mr. Fleming, our resident partner in Manila, wrote to na telling us

that if the question went to arbitration we would not only have heavy arbitration fees to pay but would most probably have to pay Messrs. Fred. Wilson & Co.'s claim in full, which by this time we managed to, reduce to $3,790.38. While these egotiations were being carried on Mr. Percy Smith had to go to Manila and took the opportunity of seeing Messrs.

THE FATSHAN RAILWAY.

All trains

On the Fatshan and Shek Wai Tong branch of the Yuet-Han Hailway business has been very brisk lately, have been very much crowded, although there are twelve trains a day, and it has been decided to augment the servico. Fatahan is a growing town and this is a good sign things are improving. This is a district from which we used to receive weekly stories of robbery and piracy, but nów matters seem to be going along quite smoothly.

TROUBLE IN NAM HOI DISTRICT.

A

then

digestive organs. Dr. Roux, in com- municating these results to the Academy of Sciences, observed that if these experi ments did not absolutely prove the value of the method of these researches, they were nevertheless interesting and deserved to be followed up.

Ray's victory in the open golf cham- pionship will be welcomed by all who have taken an interest in the recent history of which about ten years ago he continued golf. From the persistent manner in

INTIMATIONS

BABY CONSTANTLY CRIED WITH ECZEMA

Would Scratch Until Face Bled. Had to Watch Him Night and Day. Uses Cuticura Soap and Ointment, Face Clears, Scars Come Off, Sleeps Peacefully, and Is Cured.

"When my baby was five weeks old noticed something on his face like a dry

scurt which soon spread ali over his head. The doctor said it was dry oczema and Fare me some galva. Ho told me to bathe is freely with olive oil This I did but it gradually got worse. We got to rest night or day, it was so itchy. Ho would scratch his face until it bled. At lust I took him to an infirmary, They said KES & Yery haul case of dry-eczona and gave me 2 Jar of salve, told me to put it nn lines and put on his face and head. I con- tinued this for some weeks but all to no good. He got so bad somсome had to watch him night and day and he had his hands tied so he would riot make tali faco bloed. Hewas constantly crying with the pain. "I tried ersany wfherointments but they were all no use. My friends alvisel me to try Cuticura Soap and Vintrest. This, I did And before 1 had finished the first box of Cuticura Ointment his face cleared, the scara came off be head and left no marks whatever, He was able to sleep peacelazily which he had not done for months, Baby ly now nearly two years old, and there has never been the least algns of a return since he was cured Route eluven months ago. It was all gone. before 1 had hatshed the second box. When. ever I Lear of anyone sufering with eczeme I always recominent. Cutizura Soap and Ointment. I am very grateful indeed for them." 18igned) m. A. Wilson, 17. Petse St., Hartlepool, Durheit, Eng., Dec. 15, 1910. A sample of each with 32-5, bank free from Bears depot: F. Newbery & Sons, 27, Char terhouse. London: R. Towns & Co., $sd- ney, N. 8. W: Lennon, Ltd., Cape Town; Huller, Maclean & Co., Calcutta and Bombay Potter D. & C. Corp.,Bolo props., Boston, USA.

89-18.

Chs. J. Gaupp

& Co..

ALEXANDRA BUILDINGS,

to turn up second, third or fourth in the championship, he was generally looked upon as being the one among the younger players most likely to break the almost monotonous series of successes of the great triumvirate. In the last year or two he Prince Ferdinand of Brunswick at a has been less conspicuous, and with the General Parade complimented the Bri-rise into prominence of men like Tom tish troops on their valour, und said that Ball, Robson and Duncan, it was gen- the victory was in a great part due to ferally considered, that his chance had their gallantry.

gone. Now, however, he has redeemed his outset, has won in convincing style. His Always have on band a very large complete old promise and, taking the lead from the

score (293) is five points better than that which brought Braid victory at Muirfield in 1906.

Marshal Contades, the French com- mander, when he saw the advance of the six British Regiments, said: I have seen what I could never have believed to he possible, unbroken cavalry charged and beaten by infantry,"

THE ARREST OF COUNTERFEIT COINERS AT SHANGHAI.

Robberies have been frequent and as a j result business is very bad at several places in the Nam Hoi district. In the locality

The M.-C. Jolly News gives the follow known as Lam Li Shi robbers have been ing particulars concerning the arrest of very prevalent and have done a great two Frenchmen and fifty Chinese on a charge of manufacturing counterfeit deal of harm, and it is said that in some

our correspondent was published in the coin, regarding which a telegram from Daily Press last week,

parts the householders and shopkeepers have got to pay blackmail to the robber bands. Trouble has come to such a head

|

THE COINEES' WORKSHOP, Acting upon the advice of the export

two males to each female.

Another

CHATKE ROAD.

stock of

SCIENTIFIC AND

SURVEYING INSTRUMENTS

THE POPULATION OF CALCETTA. Curious facts with regard to the population of Calcutta are brought to light by the report of the last census. The total population is given as 896,067, of which 807,674 are males-or more than

peculiar feature is that only 2 per cent. of the population are children under 15, The growth in population in the last ten whereas in Bengal the percontage, is 38.

years has been 48,271, of which figure 41,701 are males of working age, 13 to 50 years. This is due to the large immigra- | DRAWING

This

tion into the city of working men.

that one of the rich men in the neigh-in coins, dealers in certain metals wore bourhood has petitioned the Government watched and this proceeding led to a strict surveillance by the French Police of a house standing within a compound city 247,073 deaths, but only 180,485

to send a regiment of soldiers to restore order.

STUDENTS FOR BUROPE. The results of the examination which was held some time ago, to choose 100 students to send to Europe and America

on the Siccawei Road. Under the shadow

is further shown by the fact that during the last ten years there have been in the

births, leaving a balance of over 126,000

(Transits, Levels, Plane Tables, Prismatic and

Sight Compass, Hand Levels, ko, ko)

also

INSTRUMENTS

AND MATERIAL

of the trees plain clothes officers noted to be made up, so that there must have (T Squares, Set Squares, Straight Edges. all who entered and left the premises, been at the lowest estimate 174,450 and upon their observations being com-immigrants. The effect of this on the | municated to the Captain the force a death rate, it is pointed out, is consider- raid was decided upon. Consequently on able, and the tene death rate for 1911

Fred. Wilson & Co. He discussed the for further education, have just been Tuesday night Capt. Mallet, together should have been 31.5, not 27.2, the figure | AUENTS FOR

matter with Mr. Fleming, our partner in Maniis, and we came to the conclusion

People in British and French tropical bustion. They think it essential that possessions are afflicted with the sun the human skull should be protected from the sun by tin, iron, wood, felt, pith, or some other heavy substance at least half an inch in thickness. It is useless point- ing out to these people that the vast majority of white people living under a tropical sun find this protection unneces nry and ridiculous. They will always tell you that the atmosphere in Ceylon and India is quite different to the atmos phere in, say, the Philippines, or Brazil, or Queensland. heedless of the fact that there is a wide range of atmos- in Ceylon itself; pheric conditions while the range in India is greater still. No American in the Philippines wears a topes, although the climate there is very similar to that of Ceylon, nor do Spaniards and other white people all over Tropical America, The oldest ex- plurers had no topees, and some big game bunters of the present day do not wear

that Messrs. Fred. Wilson & Co.'s terms them. There are a good few of the more intelligent Europeans in Ceylon. India

of settlement were reasonable, and finally and Malaya who decline to become slaves to this foolish fad, such, for instance, as agreed to allow their claim for 83,015.12. Bir Hugh Clifford, the Colonial Secre- which, after setting off amount due by tary of Ceylon, who is never seen sporting then, 81,484.72, left them creditors for this absurd form of head-gear, though $1,550.40. In April this year we received he frequently goes out in the sun. would be interesting to know whether a notice from the Public Works Depart the Portuguese and the early Dutch inent to repair the sea wall, and on receipt Bettlers in Ceylon wore topees. I crow of the notice instructed Messrs. Palmer not; and has anyone heard that sunstroke & Turner to take the matter in hand and was common amongst them? The Dutch are as fair & race as is to be found in obtain tenders, the lowest being 81,500, which together with Messrs. Palmer & It is, to say the least of it, somewhat Turner's charges brings the total cost for peculiar that the atmospheric and solar repair to $1,600, which you will see in the conditions wherever Englishmen

balance sheet. M.L. 285 still remains on Frenchmen set their feet, render it necES- sary (as we are told) to wear a topee, our hands, and so far we have no definite and there where Spaniards and other offers. One party with whom we were in white races, who have a more intimate treaty withdrew from negotiations on the acquaintance with tropical conditions than we have, reside the conditions render it unnecessary. Truly, a somewhat re- markable series of coincidences: Asa matter of fact, works on meteorology. nake no mention of these differences. As showing to what extremes this craze has one, even the natives of India and Cey lo now wear topees!

Europe.

It

and

in

outbreak of the Chinese Revolution, and since then we have had enquiries but no offers: I should like to have the views of the shareholders present as to the ad- visibility of putting up this lot to public auction, and if a reasonable bid is made to sell the land and close the liquidation. The Crown rent for this lot is $2,030 a year and the Government rates amount. to 8160.31 per quarter, which you perhaps remember is three times the rateable value

T

proceed at once in order to be in time for the autumn and winter sessions of the various colleges they are to enter.

EXECUTION OF CRIMINALS.

There have not been so many prisoners shot lately, and one reason is that people were becoming alarmed at the cheap view of life some of the Magistrates took, and great deal of talk and dimatiefaction was the result. Just lately the provincial president issued an order to all magis trates and police superintendents in the province telling them at all times to have a fair trial of all prisoners and to be very careful about shooting anybody.

DEAR RICE,

Rice is still dear and the poor suffer that the charitable accordingly, se societies who have bought up a large quantity are selling this commodity cheaply to those who cannot afford to buy The police are taking this matter is Land and a large amount of relief is being given and much good work done among the very lowest class.

the

The

Dubois (Deputy Consul-General) and an-

is affected and should have been 29.1, number of other Consular official,

instead of as returned 21.7. The whole French police officers, and a band of Chinese constables proceeded to the pre-

increase of population in the last ten mises. The house, which is approached years has been among Hindus, every other The increase from the Lokawei police station, was sur- clase having diminished. renuded and in answer to repeated among Hindus amounts to 57.648.

The number of European British subjects has knockings the door was opened.

not increased. police immediately brushed past the por son at the door and proceeded to the

A TENNYSON STORY. To their surprise they

Mr. Coulson Kernahan tells, on the Mr. Edward inner rooms. found the interior-transformed into a authority of the late workshop and about sixty, Chinese strip. Whymper in the Jane Strand, "a story ped to the waist and working at smelting of Tennyson which may or may not have pots. Everyone in house was already got into print. At a garden- promptly arrested and an examination of party a rather gushing young girl went the premises was conducted, The most up to the hostess and said: Oh, is that modern machinery for the manufacture really, as I'm told, Lord Tennyson sitting of base coin was found installed. There there by himself sicking on that rustic were melting pots, crucibles, stamp out seat? Yes, my dear, that is he," was fits, and the hundred and one articles the reply. Oh, I should so like to mest necessary for making coin. In a recess him. Do introduce me," said the girl. the police found about 6,000 dollara in "My dear, Lord Tennyson hates to be finished and semi-finished state. The bothered by strangers." answered the plant used is valued at a considerable hostess, and one reason, perhaps, why amount, and it is said to be the most he comes to see me is that he knows I up-to-date in the perfection and celerity never exploit him in that way." "Oh, of making bad dollars that is known, but I should love to be able to say I've Well, The procession of prisoners from the met him," persisted the other. house attracted little attention, and they you have met him and leave it at police were able to make what they con- that was the answer. The girl, how sider an even more important arrest.

ever, would take no refusal.

FRENCHMEN SEIZED.

After all the Chinese bar beer-

Lord Tennyson," said the hostess, when the two had wallied together to the ↑ moved, a special posse of plain clothes seat where the Laureate was smoking, men was left in charge of the premises, and whilst some of their number remain-

ed.

There are intelligent medical mes, to their shame be it said, who encourage the topee superstition, without, I observe, pretending that there is any scientific The majority of cases of basis for it. heat apoplexy, occur either inside build. of the building which the Company were by the Penang agents of the American 'clock a Frenchman was scen to walk up responded Tennyson gruffly and scarcely: sunstroke so-called, or in other words ings or when people are wearing topees. obliged to erect according to the condi- They are much more numerous in notions of sale. Before moving the adop tropical than in tropical constries I

tion of the accounts I shall be pleased should say there are far more cases

to answer any questions to the best of my New York every year than the whole of India and Ceylon in spite of the number ability. of passengers and others who disregard This knocks the the topee superstition. bottom out of the sun theory and shows that so-called sunstrokes are due to sud- den rises of temperature for which people hare not prepared by wearing light clothing such as is habitually worn in the Tropics. I feel quite sure that the weight of the egregivus topee such as one sees in Ceylon is very harmful. Happily in the majority of cases the topee is only worn. for very short periods of the day.

On the motion of Mr. Roncen, seconded, by Mr. Hasrox, it was decided to put up the marine lot for anle by auction.

The CHAIRMAN proposed the adoption of the accounts as presented by the liquida- tor.

Mr. LAMMENT seconded, and the motion was agreed to.

This was all the business.

FIRE ON THE INDRAMAYO."

On July 21st a telegram was received Asiatic Steamship Company to the effect that the steamer Indramayo Was on fire at Sabang Full details were not available, but it was known that the fire broke out amongst the tea which, with tin and tapioca, formed the bulk of the Indramayo's cargo. There are no passen gers on board. The Fadrumam, which is of 5,200 tons, belongs to the Indra Line, of Liverpool, but is included in the ser vice of the American Asiatic Steamship Company. journey from the East to New York.

She was on her homeward The Government Wharves tug left to render assistance, taking with her a quantity of chemical fire extinguishers, The tag would take about 30 hours to reach Sabang from Penang.

this is Miss B, daughter of an old ed inside, others took up positions in the friend of mine, who is very, very anxious: A few minutes after eight to have the honour of saying How do garden,

"How d'you do!" you do?' to you.” the pathway to the house, and he was per- mitted to enter before the police followed looking up. Seating herself beside him, and arrested hire. He also was conveyed the girl attempted awkardly to carry on to the station and the vigil was continu- some sort of conversation, but as all she Nothing further happened, but the got in reply was an occasional "Humph!" police apparently were not sabished, for or elee stony silence, she lost her nerve and began, schoolgirl-wise, to wriggle the following morning they obtained a warrant for another Frenchman and and to fidget in her seat. Then the great man spoke. "You're like the rest of effected his arrest in the Settlement.

The French Police believe that they them," he grunted. You're laced too have got to the bottom of base coining tightly. I can hear your stays creak in Shanghai. They say that for several Abashed and embarrassed the girl with days they have been cognizant of the drew. Later in the afternoon Tennyson coining den and they have only been came behind her, and, laying a hand on waiting for a chance to incriminate the her shoulder, said kindly, "I was wrong It wasn't your leaders. More than sixty workmen have just now, young lady. been employed day and night, they allege, stays I heard creaking, but my braces. and the output of base coin is said have They're hitched up too tightly. Sorry."

And he lounged away. averaged $1,000 a day.

45

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