1913-05-03 — Page 3

SUPREME COURT.

Friday, May 2nd.

IN ORIGINAL JURISDICTION.

Dwow Ten Orteg Justice (His Hoмova Ben WM. RE28 DAYIB, K.C.),

ACTION - AGAINST THE HONGKONG AND SHANGHAI BANK,

THE HONGKONG DAILY PRESS, SATURDAY, MAY SRO, 1918.

Mr. Jonkin agreed, but said that

defulcation by a member of the compradore's Chinese staff was of no use to his friend. I must be a defalcation in some duty which the compradore bad to perform under this agreement. If he was performing a duty ich was provided for in the agreement, then he would be liable.

puppet

THE CHINESE DRAMA.

[BY DR. LIONEL GILES.]

ACTORS.

INFLUENCE OF THE DNAMA.

In conclusion, it may be said that theatricals form the great national amuse- ment of the Chiness. Their influence is wholesome and beneficial both as a relief from the dreary monotony of an illiterate Chinese village, and, on the other hand, as an educational force not to be despised. Through the medium of the Stago, the Chinese peasant has a far better knowledge of the histore of his own country than is the case with the English working men.

HONGKONG SHARE

MARKET.

inexhaustible mine of Chinese history, part he bas to play in the coming drama and deal with the heroism or villainy of The members of the orchestra sit on the Emperors, celebrated generals and other stage itself, and footmen wait at the sides, famous historical personages. A great ready to carry in screens, chairs, tables It seems probable that the drams in deal of fighting takes place on the stage, and the like, wherewith to represent China, like that of frecce, had its origin accompanied by all manner of gymunatic city-walls and houses, forests and even An netor will gravely. in the sacrificial ceremonies of religion. and acrobatic feats, Civil plays comprise mountains. Wo know that in the time of Confucius, all the events of everyday life, and range bestraddle a stick and prance about the 500 B.O., it was customary for solemn from domestic drama and the comedy of stage as though on horseback, without the dances to be performed in the ancestral marmers and intrigue to forces and least fear of evoking a smile. Or, if dead, temples, at which feathered wands, battle- burlesques of the noisiest, and frequently he will contrive to alter his face and then Mr. Sharp referred to the second mort-axes and other objects were brandished in of the most obscene, description. Failing get up and carry himself off, making unison by the dancers. We also hear of somewhat outside these two main classes movements as though acting the part of The bearing of the action brought by gage, dated the 2nd November, 1912, pantomimic displays and representations are the quasi-religious plays dealing with

bearer. Again, it is quite a usual thing for a player who is getting hoarso to Lau E. Sam, a trader, of Des Voeux which the plaintiff now claimed gave him of ancient historical events, divided into exhibitions of Taoist magic, or the very Rend Control, against the Hongkong and the right to override the Bank's claim. a number of scenes. Certain ceremonies popular variety of comody in which have a cup of tea handed to him by an Shanghai Banking Corporation was conIt was recited that this mortgage was

for the expulsion of evil spirits, in which priests, both Buddhist and Tooist, are attendant, A change of socno is indicated. a house to house visitation was made by held up to ridicule. Chinese actors are by pantomimic action, or by all the tinued. The action arisca out of the dis made subject to the Bank's prior mort-villagers dressed in fantastic garb, may almost exclusively natives of Feking, and dramatis personce walking rapidly in appearance of the former compradore of

gago, made for the purpose of securing also have some connection with the it follows that the language they speak single file round the stage. the Bank, the plaintiff being the second the compradore, and it showed that the beginnings of dramatic art. Others are is only intelligible in those parts of Chinu mortgagee of a mortgago which was as plaintiff was aware of the defendant's inclined to derive the drama from the where some form of the Mandarin dialect shows, which from time prevails. In many of the southern and signed to the defendaals as part of the mortgage and the purposes of that immemorial have been a feature of the south-eastern province the audience have security for the duo fulfilment of the

mortgage.

life of the people, and they point to the to rely largely on their quick comprehen- duties, obligations and responsibilities of

His Lordship expressed his surprise at fact that in many parts of China asion of gesture and facial expression. the compradore to the Bank. Plaintiff the enmparatively small cash security theatrical performance is still preceded The historical plays, moreover, are por by a display of marionettes. However formed in a language more concise and asks that the indenture of a charge and (862,500) placed with the Bank by the that may bo, it is certain that for the elevated in style thu the common mortgage, dated the 28th of June, 1810, compradore, and Mr. Sharp explained immense period of 1,200 years after the vernacular, and could not be easily whereby certain leasehold preporty known that that was all the cash that it was con- ime of Confucius no great development followed but for the fact that every and registered in the Land Office ay venient for him at the time to provide, of the drama can have taken place, if Chinese audience is perfectly familiar Inland Lots Nos. 056 and 656 was as but there were sureties who made the indeed it can be said to have existed at with the outlino, at least, of the stories

all. No record of anything in the nature enacted. signed to the defendants by way of mort amount in cash up to $180,000. The full of a modern stage-play can be traced until

A full Chinese theatrical company is guge bo declared ultra vires the defensecurity to be put up was $303,000, to be the reign of the Emperor Ming Huang of

the Tang dynasty, in the first half of made up of 56 persons. The various roles dants in so far as it purports to create paid within six months.

the 5th century AD. Being exceptionally are classified and kept distinct, each actor for such purposes the mortgage of and In the course of subsequent argument fond of song and dance, this emperor is being expected to play only one particular charge on the said leasehold property. Mr. Sharp observed that this case was of said to have founded a sort of academy, class of character. The principal classes Plaintiff, also asks for a declaration that the greatest importanee, because a deci-known as the Pear-tree Garden, where ares-(1) Shing, including the parts both any sale and assignment of the said sion that these mortgages were ultra vires trained by him for the production of Ching, the bold and unserapuksus villain, a company of 300 persons was personally of hero and walking gentlemen (2) Inland Lots is ultra wires the defendants the Ordinance would affect the title to more what, for want of a better name, may be () Tan, the female parts, respectable and and is void.

land in Hongkong than he was in a posi- described as operas. Music must have otherwise, (4) h'on, the tow comedy Mr. F. C. Jenkin (instructed by Mr. tion to tell his Lordship, beenuse, as his constituted the basis of these perform man, Contrary to the usual belief, C. E. H. Boavis, of Messrs. Wilkinson & Lardship well knew, a great deal of pro ances, but it seems that the slender thread women took part in theatricals through of a story was also introduced between out the Mongol and Ming dynastics, and Grikt) appeared for the plaintiff, and Mr.perty in land in the Colony had at

the choral songs; and to this day, actors stop was only put to the practice as H. E. Sharp, K.C., and Mr. M. W. various times been mortgaged to the in China are often called "Apprentices late as the 18th century under the reign Blade, K.O. (instructed by Mr. H. J. Hongkong and Shanghai Bank.

of the Pear-treo Garden,"

of the Emperor Chien Lung, whose Gelge, of Mosers. Johnson, Stokes &

mother had herself been an actress. Of Mentor) represented the defendant Bank

recent years the ban has been removed,

Mr. Sinde referred at the outset to the

and an increasing number of women are again performing on the public stage. question of notice of mortgage in the

Chinese actors are notoriously among the plondings, and said his friend had con-

finest in the world, those who take female parts showing particular skill and like, steady, tonded on the previous day that the

wise commanding the highest salaries. defendants were aware of the notion of

Gorgeous dresses 270 worn, and the the Bank of England rate is unchanged. mortgage before the defaloations. There

make-up, if not always realistic, is at 43 per cent. Bar Silver closes dull at strikingly effective. The actor's life is 27-11/18d. ready, 27-15/10d. forward ard was no statement on the face of the state-

often wretched in the extreme. Bought or Sterling TT at 2 The T.T. rate on ment of claim to that effect, and the only

hired from poverty-stricken parents at Shanghai is quoted at 721, and on Singa- suggestion was that they were aware of

an early age, he is.muhjected to a very pure at 502. Consols are unchanged at

741. the mortgage prior to the application of

rigorous course of both histrionic and He admitted that they

nerobatic training. In addition, he has to memorize between a hundred and two were aware of the mortgage before the

hundred parts, so as to be able to appear proceeds were handed over. There were no specific dates given at all. It seemed

in them at a moment's notice, without to him that the only specific time during

rehearsal ur prompter. In spite of his cumparatively high intellectual standard, he is, nevertheless, regarded as a social that period to which they drew attention

outcast, and all his descendants, to the was some time before the application of

third generation, are debarred from com peting in the public examinations.

the proceeds.

He had no

the proceeds of the sale. desire to prevent this point being argued It was open to his friend to allege the date upon which they said the defendants had notice, and to prove it.

Mr. Jenkin queried whether that had anything to do with the present action,

Hia Lardship-It is a little careat, 1 suppose. (Laughter.):

The hearing was adjourned to Monday. MORE RATING APPEALS BY THE

GOVERNMENT.

INCORRECT RETURNS TO THE ABSESSOR..

At the Summary Court yesterday, before the Puisse Judge (Mr. J. H. Komp); Mr. P. M. Hodgson (Crown Solicitor) appeared for the Colonial Treasurer and Collector of Taxon to appeal under Sections 18 and. 17 of the Rating Ordi

ance, 1901, against the valuation of **Quarndorn," Rural Building Lot, No.

112, the Beak, No. 2, Hill District, whereby the rateable value of the said

tonoment is nasessed at 82,100, on the

ground that the said tenerment is valued below its rateable value, the said tonement being wow let for a term of three years,

From the 1st May, 1911, at $225 per month.

During another long interval of 500 years there is no evidence that theatricals spread further than the Imperial Court, or became part of the recognised amuse ments of the people. It was not until the close of the Sung dynasty, in the middle of the 13th century, that the dramatic instincts of the Chinese were really awakened. The impulse seems to have come from without, for it is precisely i tho period when the all-conquering Mongols were engaged it adding the Celestial Empire to their vast domains that Chinege dramatic literature begins. The earliest stage-play that has come "The Story of the Western one of the most Pavilion," is also exquisite from a literary juint of view. though more lyrical in character and less go in action than many that were A marvellous creative period now set in, almost comparable in fertility of genius te our owa Elizabethan era. The names are recorded of no fewer than 564 plays and of 85 playwrights who lived under this dynasty, and a collection of the hundred bust pieces has been pre- servet, to form the classical repertor

down to us,

to follow.

sto speak of the Chinese Theatre. Of "The Orphan of the House of Chao,"

THEATRES.

of the word, are to be found only hi Permanent theatres, in the proper sen Puicing, and Canton and some of the

larger treaty ports."

Even in these the

their

Messrs. Vernon & Smyth in weakly share roport dated 2nd May state :-

The local market has ruled quieter during the past week, but rates generally have been well maintained, and a fair. volume of business transacted. The Lon don market eloses dull for Rubber," and quiet for Tin shares at a slight decline on last week's rates." Oils" have. also suffered a relapse, due probably tá the political complications in Europe, but close, Grm at the reduction.. Fina Hard Para Rubber closes at a/s per Ib.. and Fine Plantation Sheets at 3/21 per

Tho open market rate, of discount has advaneed to 4 per cent, but

BANKS--Hongkong and Shanghais have again been sold in small lots at 8806, and more shares are obtainable at the rate, London is unchanged at £81/10/

MARINE INSURANCES. Unions continus

INTIMATIONS

HOW TO TREAT PIMPLES

AND

BLACKHEADS

Successfully and speedily, at a tri- fling cost, is learned from the spe cial directions which accompany Cuticura Soap and Cuticura Oint- ment. Sold bydruggists and deal- ers everywhere. A liberal sample of each with 32-p. skin book, post- free from nearest depot, to all who desire to test before purchasing.

Depota: Newbery, dost, 12X. 21. Charterbaono Ba Londes: R. Towns & Co., Sydney, N.HW.; LannOD, Itd., Capo Town: Muilor, Maslesa & Co., Calenta and Bombay: Pottar Deng & Chem. Corp., sole, props, Boston, U.S.A..

quiet but stendy at $795 with smalt sales. Fangtszes are wanted in the North at $190, and North Chinas can also be placed there at the reduced rate of Tls. 133 ZEISS Cantous after sales can be procured locally

at no.

96-0

PRISM

BINOCULARS

AT HOME PRICES:.

FIRE INSURANCES.--Hongkongs continue

Chines have sold at $148, and lose with quiet with probable sellers at 8356. probable sellers at this quotation.

SHIPPING. Hongkong,

and 16 Power

12 "

Cunton

and

His Lordship-It seems to me that the with the option of two years further at these, one of the most famous is entitled accommodation is very simple. There is Macaos have been booked at eat

date of notice and the date of mortgage are two distinct times. Mr. Jenkin agreed.

His Lordship-1 undersland as a matter of fact that the defalcations occurred since the date of the mortgage.

Mr. Slade-Before notice and since the dato of mortgage. There is no admission on the face of the pleadings that there was a notice of any definite date, except "prior to the sale."

Mr. Jenkin said that this point was of such important that it either meant, in his opinion, that the Bank lost their case entirely if what he said was right; or, on the other hand, if what the defendants said was right it meant that the plaintiff undeniably lost the caso.

If the plead-

inos did not mean what he (Counsel) said they meant, then it was a waste of time His friend had said it was a

the same rental, the tenant paying the rates. The owner is Mr. Alfred Bryer and the tenants are the Russo-Asiatic Bank.

Mr. R. F. C. Master represented the occupier of the house; the respondent. Mr. David Wood, assessor of rates, appeared. in person.

Mr. Hodgson said notics of the appeal had been served upon the respondent and upon the occupier within the time neces-

The

clcx steady, Indo-Chinas are

a thrilling drama, based on historical pit furnished with benches and a table

sales and buyers at $81. Douglases have fact, in which cruelty and craft are matin front of each, and a balcony divided, and China and Manilas firm with

into a number of separate boxes.

advanced with small sales up to $42, at by fidelity and self-sacrifice, with poetic justies in the end. When the Mongol line stag which is built out into the which rate the market closes with sellers. Star Forrica have been booked up to $51 auditorium so as to be commanded on was replaced by the native Chinese three sides, must on no account face west, closing with buyers at 850. dynasty known as the Ming, the great this being the inauspicious quarter con- Oss. Shells have declined to a middle outburst of dramatic activity had already trolled by the White Tiger. (It may be quotation of 132/- with buyers for London Jegun to wane, and the succeeding period noted, as a re-assuring circumstance, that account at 111/- and sellers at 113/. Ural was comparatively poor in works of out standing literary merit, a brilliant the stage of the Duke of York's Theatre Caspians, are also lower at a middle faces east), There is no scenery, no quotation of 45/, and Mexican Eagles Li curtain, and but few necessories. Two 37- exception is "The Story of the Guitar, a play of moral depth and beauty but doom at the back serve, one for entrance, RETINERIE China Sugars after various, somewhat exaggerated pathoa, which was the other for exit. The theatre, except Auctuations close with buyers at $108 performed for the first time in 1404..

THE MODERN STAGE PLAY:

where customs have been modified by foreign influence, is free to all, but it in understood that every visitor will pay for

one refreshment.

OPEN-ALE PERFORMANCES, DONA Open-air perforasites, however, are the rule throughout the country at large. On the occasion of the rich man's big

and sellers at $107. Inzons are reported to have been done at 837 and at this rate more shares are procurable,

MINING--Tronohs are quiet at a middle potation of 78/9, Heawoods with sellers ut 4/3, and Palang Consolidateds at 0/- Malayan Tins are easier at 4/0 middle, and Chinese Engineerings firmer at 35/-

middle...

gary to serve these documents under the Ordinance The present rateable value was assessed rpon a monthly rental of $176,

Modern Chinese plays still follow, in exclusive of taxes, which brought the rate external construction at any rate, the able value up to $2,100. That was based model of the dramas produced under the upon the return made by the owner of the Mongols. They are usually divided into four acts, with or without a prologue, house, the rental having been stated and are accompanied throughout by an $175, exclusive of taxes. He (the Crown orchestra consisting of gongs, drums and day a troupe of players will be engaged Solicitor) was seeking to upset that cybala, besides string and wind instru- by him for the ameement of the people, valuation on the ground stated in the ments. The words are delivered in aer on the festival of scue local god notice of appeal. His friend. Mr.high-pitched recitative, varied by bouts of performance may be arranged and paid chanting in passages where special stress for by public subscription. A large stage, Master, appeared for the occupier, and he is required for the heightening of emotion constructed of baraboo poles, planks and thought he would admit the lease, and or the utterance of moral reflections. There mutting, will be put up in any convenient ie, as a rule, one particular character whu place that may offer, either under a thus save him the trouble of proving it,

breaks at intervals into song and fulfils Mr. Master-I simply appear to admit in soine degree the function of a chorus spreading tree, or in the middle of the bai Docks at Tis. 03. and Shanghai and

street opposite the house of the man who lease, the rate receipts, and the notice Few Chines: plays last much over an pays for the show, or frequently in the Mr. Jonkin said there was no point in which has been served on the occupier. iour, the average length being about 45Courtyard of a temple, so that the image shares are wanted. Kowloon Lands con- | these pleadinga at all. because it was nd. That is as far as I am interested in the minutes, part of which may be taken up of the god himself may witness the per- tinus in request at 887, West Points at

to argue. trap

Mr. Slede--I did not mean it personal ly at all, but I'was certainly misled.

His. Lordship-Sufficient unto the day is the evil thereof. (Laughter.)

Mr. Jenkin--I intend to show from the

picadings that no pleader could be misled.

mitted that all the defalcations arose on or prior to the 20ta September, 1912, which was days before the notice was given. In point of fact the defalcations. dated as far back, as they alleged in their statement of claim, to the 10th January,

the

proceedings.

Mr. Hodgson--Subject to the view of the respondent, I shall merely ask your Lordship to allow the appeal on those grounds.

On

Docks, WEAVES AND GODOWNS.-Hong- kong and Wlampen have declined to a selling quotation of $69) with buyers at se83 Hongkong and Kowloon Wharves after salos at $78, 8781, and 3.9 ca: nov Docks are still enquired for at S8, Shang- be placed at the latter rate. New Amoy

Honghew Wharves at The tag.

LANDS, HOTELS AND BUILDINGS.-Hong- kong Lands have sold at $110 and more

In

with "gag.

It should be remembered, formance, in which he is supposed to however, that the acting version is co take great delight.' The representation 62, and Humphreys Estates at the siderably shorter than the printed work will begin at noon, and go on without improved rate of 85 25. Hongkong Hotels as it would appear in a book. It is the intermission until sunset. Plays are also are unchanged with buyers at $115 (old)

and $76 (new) regular accompaniment of large.

Continue COTTON HILLS-- Hongkongs formed continuously. A clash of cymbals banquets, towards the end of which the rule for a number of playr to bo per announces the conclusion of each, but actors come in and submit a list of some quiet at 89, with probable sellere, The respondent, Mr. David Wood, said there is no other interval. This accounts fity or sixty pieces, from which the host the North, Ewos aro quoted Tls. 136 buyers, Shanghai Cottons Tls. 135 sellers, he had no objection; the house should be for the widespread notion that Chinese will perhaps choose eight or ten. Mr. Sharp suggested that the parissessed, in his opinion, at $8,700, the plays are ridiculously long, the contrary such occasion, the female portion of the sharp distinction such 85 We arc where they are concealed behind a trellis. cular paragraph in the statement of rental being 8225 a month, Axclusive of being nearer to the truth. There is no household will look on from a gallery,

accustomed to draw between comedies and tragedies, the latter genus, in the strict.

Owing to the complete absence of scenic has to be left to the imagination of a Chinese audience. As each character enters, he tells you hmself, quite in the manner of Bottom, who he is and what

1912.

He said taxes,

defence should be amended. the plaintiff must stand upon a definite

STAGE CONVENTIONS.

His Honour accordingly allowed the date, and it was perfectly clear that there Appeal, the Colonial Treasurer to be sense of the word, hardly existing at all, accessories, it is obvious that a great deal was no definite dato in the statement of directed to asaced the assessment to 82,700.

claim.

Mr. Jankin was prepared to accept amendment conditionally on his being given costs for the amendment, which was 4 substantial one and would take away one of his main points.

His Lordship allowed the amendment, and said that the question of costs could be argued hereafter if occasion arise.

Mr. Sharp, in his statement for the defence, said the particular property now in question formed part of the security of La Pun Chiu, the absent compradore The purpose of the security was to guar- antco the compradore and his Chinose staff, securing them in the performance of the agreement and to secure against any loss by reason of their default, Counsel quoted extensively from the agreement, and said it was quite clear that all de falcations woro covered by it.

A CASE WITHDRAWN, MAA

There was a similar appeal in regard to "Tanderagee," No. 1196, the Peak, Hill. District, (owned by Mr. A. Bryer and occupied by Mr. C. A. Tomes) the value of the tenement being assessed at $2,100, and is now let at $300 per month, the tenent paying the rates

Mr. Hodgson intimated that he did not intend to proceed with this notice of ap- peal at present. He would be out of time at Court if he did not proceed with it that day, but he proposed to allow the matter to be withdrawn, with his Lord- saip's permissie, with a view to taking further steps late on, if he were r instructed.

The appeal was withdrawn.

LAWN TENNIS TOURNAMENT.

H. Hancock and A. N. Joseland have arranged to play in the singles champion. shin competition, the winner to meet the holder, H. A. Nisbet.

CLASSES OF PLAYS.

Plays are roughly classified as Civ. and Military Military plays are chiefly based on episodes drawn from the

439

PERTUSSIN.

Is a herunters and (ficient remely against all diseases of the respiratory orgaus, especially WHOOPING COUGH, CATAKRH OF LARYNX, ACUTE AND CHRONIO BRON- CHIAL CATARRH, ASTHMA, ETC., which has been

Also recognised unequalled by the highest authorities. AFFECTIONS OF THE LUNGS will be greatly relieved by the use of it.

TO BE HAD AT EVERY CHEMIST.

IMPORTERS:

S. J. BETINES &

TIENTSIN AND PEKING.

CO,

the

VOELKEL & SCH ROEDER, LTD.,

SHANGHAI.

sellers.

£10.10.0

(new model)......£10.10.0

12

£9.5.0

8

£6.10.0

6

(large field)...

£7.10.0

6

£6.0.0

3.

(small model)

£5.18.0

£5.8.0

3

To be Obtained from

Chs. J. Gaupp

OUR

OF

& Co.,

ALEXANDRA BUILDINGS.

45 sellers and Lasu Kung Mows Tia. 110STUDY Kung Viks Ths. 131 buyers, Soy Chees Tls.

MISCELLANEOUS-China Borneos have further improved to a buying quotation of $101 Electrics are wanted at $334, Ices at $184, Ropes at 21 after sales. Steam Laundries at $4.35, Watsons at $860, Powells at 201, and Fisheries at 21. There are sellers of China Providente at 981, Cements at $490, Union Waterboats at 817, China Lights at 23, and Pulp at $20. Hongkong Tramways are wanted ut 7/5, and Langkats in the North at Tla. 61.

LONDON QEOVATIONS-Yesterday being n London Stock Exchange holiday no. quotations were received to-day, but the following. (middle prices) came to hand from our London Agents by cable yester day

9/6 0/3 premium.

United Serdangs

Rubber Trusts

Eastern Trusts

London Venturen ...................... Tronohs

78/0

Pahang Consolidateds

Malayan Tin Dredgers ....

74/0

Chinese Engineering.......

35/-

Shell Transports

112/-

Mexican Eagles

377-

Ural Caspians ..

175/

Indo-Chinag

Hongkong Electric Trams. 7/5

THE

CHATER ROAL

EYE

anul its anatomy and our long experience in correcting defective vision enablo as to tell beyond doubt it your eyes will be benefited by wearing glasses.

Our method of testing in scientific and accurate. If you do not need glasus we will tell you so. If you do nocd glasses we can supply and it them at extremely moderate prices.

MAKE CERTAIN

WE WILL TELL YOU.

BARK & Co

FORM BLOGS, CHATER

RQ

FONGKONG