1913-06-03 — Page 3

SUPREME

COURT.

Monday, 2nd June.

IN ORIGINAL JURISDICTION.

BEFORE THE CHIEF JUSTIOR (Sin W. Rees DAVIES, K.C.).

TRUSTED IN. BANKRUPTCY AS PLAINTIFF,

THE HONGKONG DAILY PRESS, TUESDAY, JUNE BED, 1913.

changed his mind at the 11th hour, probeurrent year there had heon an average. ably on receipt of certain advice.

increase of 9 per cent. in the valuation. His Lordship--Suppose I should ap-There had certainly been no decrease in point a receiver, that does not oust the valuation. right of the mortgage?

Mr. Jenkin-Not at all. What the position I don't really know, but I don't think it really makes any difference.

His Lordship said he should have con-

which the Official Receiver, Mr. E. A. Nesbit, was plaintiff, and the defendants had been made to him officially, but he were Ching Shan Hong and the Kwong did not think ho was justified in taking Ling Tai firm.

Cross-examined by Mr. Needham, wit- neas said he arrived at the assessment of e house on the rental. He had just completed the assessment of the whole

HAMBURG LETTER.

18PECIALLY WRITTEN FOR TAE HONGKONG DANY PRESS."].

HAMBURG, May 7th. THE FINANCIAL RESOURCES. OF OREMANY, An article on the financial resources of Germany in car of war which has lately

and Heereskunde,” edited by the General Staff in Berlin, may at the present moment prove of some

An action was set down for bearing insidered Mr. Lewis' representation if Colony at the time he made that particular appeared in the "Vierteljahrsheft für

assessment and he had paid particular Truppenführung attention to the district, He attached no importance to returns made out by an

Plaintiff's claim was as trustes under the bankruptcy of Wa Chung Nam, lately trading as the Sang Cheung Cheung Kee against the defondant Ching Shau Hong as principal, and against the defendant firm sa ureties for 81,332.27 for damages for breach of contract to purchase the business known as the Bang Choung firm of 13, Queen Victoria Street, including the stock-in-trade, good will and book debts.

Mr. M. W. Blade, K.C., who was in- structed by Mr. H. K. Holmes, appeared for the plaintiff.: Ho stated that, the

action was only being continued against the fires defendant, and was being dis continued against the second. Leave to proced ex parte had been given, and proper leave in the bankruptcy for the Receivor to take proceedings and also been given..

His Lordship-The total sum agreed for the purchase of the business was $3,250 7

Mr. Blade-Yes, and there is a balance owing of $1,332.27.

Plaintiff was called to the witness stand, and produced the file which con- tained the order of adjudication and appointment of trustee dated at Janu ary this year. It also contained an order bearing the same date giving him permission to bring this action. There was also an order on the fils, bearing dato 23rd August, 1812, which gave the Official Receiver power to sell the property of the debtors prior to adjudication. Under the powers given by that order the pro- perty of the debtor firm was sold on the 23rd August, 1912. Witness produced the agreement, and stated that the purchaser named therein was the defendant in the

present action,

Aftor further evidence was called, his Lordship entered judgment for

the plaintiff.

IN PROBATE JURISDICTION,

ADMINISTRATOR PENDENTE LITE "

APPOINTED.

an

Mr. F. C. Jenkin (who was instructed by Mr. Crowther Smith) appeared on behalf of the defendant to move for the appointment of

administrator pendente lite in the action between Fung Wing On and Funk Kok Man, a minor, who appeared by his guardian, Mr. Horace Percy Smith. The motion was for the appointment of Mr. J. Hennessey

Beth.

notice of the statement of a solicitor in

that Court.

such returns as useless.

THE. INCREASE OF ARMAMENTA. The debates on the increase of arma- ments that are now going on in the Reichstag prove that the necessity of such in view of the resumption of the three years' service with the colours in France is admitted by a majority of the members, but there little disposition to concedo the demands of the Government in toto and several amendments have already been carried. It is to be hoped that now the war in the Balkans is virtually at an end and a settlement of the numerous claims and dithculties arising out of it more or less assured, a spirit of peace and goodwill may ongo more prevail

owner occupying the house in respect of interest. The writer starts by saying | overywhere. So far there has been no Mr. Jenkin-There are still further which the return was made. Ho regarded that a war between any of the Great improvement in trade generally, and it interests with regard to this property to be protected, and it will be necessary in any event to appoint a receiver to protect them. The mortgagee's interest is not the only one. If we had had a hint of this before five minutes to 11 we might have been able to consider what would be the proper thing to do.

His Lordship-Would you like me to make an order and suspend it for 24 hours?

Mr. Jenkin-No. Since we know the

mortgagee is taking steps it is even more

desirable in my client's mind that there should be a receiver appointed.

His Lordship-You allege there are personal effects as well as this property? Mr. Jonkin-There are somo personal effects of which we know.

His Lordship made the order in terms, usual security to be furnished.

BEFORE THE Puiens Judos (MR. J. H. Keur).

Are you prepared for it to be stated in the papers and to get about the Colony that you attach no value to the returns you ask for 1-The returns of cost of land and buildings, ao.

·་Ë་

And yet you always ask for them?--I ask for a lot of things I may have uses for, but in this case I have no use for them.."

Though you attach no importance to these returns, you asked in to send buildings-I was hoping you would be fresh returns of the cost of land and

able to give the rental the houses were letting at!

Witness in reply to a further question, explained that he made his assessment according to the way laid down in the Ordinance

Re-examined-If a house were let at an excessively high rental he would have -no option but to assess on that reatal. On the other hand if a house were let at a rental below the rental of the district he would have to bring it up to the

Lverage.

This closed the case for the respondent. the closs of the appellants' case that he Mr. Hodgson said he had remarked at

had no

Powers with their gigantic armies cannot last less than twelve months; the German army after mobilization will number about three million men, which, assuming the cost per head to be ten Marks a day. will mean an expenditure of practically eleven milliards for the first year. The daily average during the Franco-German war in 1870/1 was only six Marks per head, but that during the Russo-Japanese war is stated to have been ten, and it

would certainly not be safe to calculate

in the prices of overything. It is obvious on less, considering the general advance

that the expenditure will be heaviest during the first weeks whilst the mobiliza tion is being comploted, the fortresses armed and provisioned, the troops trans ported to their destinations, etc., etc. The writer therefore estimates the amount required during this time at an oighth of the entire sum, say, M1,350 million Marks, besides which another milliard may be wanted to meet the demand that is sure. to apring ap on the part of the trade and agriculture of the country, not tak ing into account the money withdrawn from circulation by a scared public, as

at 250 millions. The necessary funds for was the case last year, which may be put

the first three weeks would therefore amount to, say, 2,600 million Marks.

may be some time before confidence is The restored and enterprise revives.

to be in an unsatisfactory state, as shipbuilding trade more capecially seems illustrated by the annual report of the Vulcan Yards in Stettin and Hamburg, kind in this country, employing some one of the largest establishments of the 13,000 men. There has been no lack of orders, but the prices obtained have, owing to the keenness of competition, proved wages during the last two years has been unremunerative, especially na the riso in

no less than 25 per cent. An attempt in

the autumn to form a combine failed, us

the industry. The directors are therefore it was looked upon by some as an impediment to the free development of endeavouring to extend the scope of their operations by taking up other branches ol machine building, their locomotive

have been works

feorganized and, improved, and in addition to their land turbine factory, they have taken over from the first of January of the present. Fear the water turbine works of Brieglob The share Hansen & Co., in Gothe. capital of the Vulcan Works consists of 15 million Marks ordinary shares and 10 millions. debentures; after providing for the interest on the latter the directors propose a dividend of 6 per cent. against 11 per cent. in the previous year, which will, however, to a great extent have to be paid out of the building reserve fund.

THE INTERPOIT SHOOT.

SHANGILI'S FINE PERFORMANCU,

APPEAL AGAINST AN ASSESSMENT. The hearing was resumed of the application brought by Kwan Fong Kuk for an order that the valuation of U Lam Terrace, Victoria, and assessment of Nos. 2, 3, 4 and 5, made by Mr. David Wood; Assessor, may be reduced on the grounds inter alia that the said premises are valued and assessed beyond their rateable value, as the rent at which they might respectively bo expected to let if a tenant undertook to pay all the usual tonents' rates and taxes, and if the landlord undertook to pay the Crown rent and costs of repairs and insurance, with any other expenses neccesary to maintain the said premises respectively, in a state to valuation not knowing for what purpose reventies of the nation to be about thirty Collaea and Mr. A. G. Crighton, but a

command such rent respectively, is not as much as they have been respectively assessed at by the said assessor,

Mr. L. R. Needham (of Messrs. Even

& Needham) appeared for the applicant,

and the Crown Solicitor (Mr. P. M. Hodgson), appeared to uphold the asscas- meat, Mr. David Wood also being present.

The assessments of Nos. 2 and 3, were first dealt with.

Mr. J. H. Seth said he had ten years' experience of collecting rents and dealing with property in this Colony. He knew the property in queation, and believed it would be likely to be occupied by the botter class Chinese residents. He would say the rental per house should be 880 per month, exclusive of rates. When he made the valuation he was not aware of the assessment that had been made upon the houses. Ho did not think those housed would ever be let at $119 per month, at least not at the present time.

Cross-examined by Mr. Hodgson--He did not compare the houses with any others in the locality,

Your 880 a month is simply guesswork!

Mr. Jenkin said the application was made under section 30 of the Probates Ordinance, No. 2 of 1897, for the appoint ment of an administrator pendente lite, and that section incorporated the law applicable at Home Counsel explained that one, Fung Pip Shi, died in March last year, and the plaintiff in this action said he was her lawful husband, and that there was nobody next of kin. The defendant, who was 19 years of age, said—No, I have had a certain experience. on the other hand that the plaintiff was not the woman's husband, and that he, the defendant, was the lawful and only son and only next of kin of the same woman. Both parties were applying to together. We agreed the Court in the action for a grant of mentioned. administration, and pending that graṇt this would be a propar case for the appointment of a receiver.

His Lordship Is the plaintiff repre-

ontod 1

Mr. Janki-No.

His Lordship-Was he served with notice?

Mr. Jenkin-Yes, I can prove that. And Mr. Lewis (plaintiff's solicitor) who is here, will admit it.

His Lordship, after referring to the

A house like these would fetch different rents in different localitics ¡—Yea.

As a matter of fact you heard Mr. Denison's valuation ?-Yes. We went on the figure

Crae to answer, and he was surprised that his Lordship did not agree, He pointed out that the other side had produced no evidence to show that the houses were over valued.

His Lordship said he bad better hear Mr. Needham first, and then if necessary he would call upon Mr. Hodgson.

Mr. Needham said this was a new class of house, and Mr. Denison had trade a

80 a month was a reasonable rental it was required, and he was satisfied that

This view was supported by Mr. Seth.

His Lordship without calling upon Mr. Hodgson, dismissed the appeal with costs.

BORNEO AND INDENTURED LABOUR.

The minutes of R. Committee meeting of the North Borneo Chamber of Commerce held on the 12th ult, contains the follow ing reference to indentured labour -

The following letter from the Deputy Governor was read:-

Jesselton, 18th April, 1013. "I have the bonour to request that you will inform your Committee that Sir West Ridgeway, telegraphing from Peking,

-states:

The Colonial Ofice rules that all indentured become free labourers Juno,

1914."

The Chairman adds that he will make representations with a view to obtaining an extension, but recommends Estates to prepare for the altered conditions in the svent of his representations not proving

successful."

The Committee considered that this letter is not very precise and is opposed to what Sir West Ridgeway said when he was in North Borneo, as it was understood then that coolies could be signed up to June, 1914, and could then wore a under the contract. They also presumed that the abowo refers to imported labour only and not to contracts made in the country. The Acting Secretary was

During the long reign of peace since 1871 the national wealth of this country has increased rapidly, and was estimated by Professor Schmoller of Berlin, no mean authority, in 1902 at 200 milliards with an annual increment of two to three milliards. It is likely to have reached 240 milliards by now, and the annual

months duration would therefore not milliarde. The cost of a war of twelve

exceed 5 por cent of the national capital, nor 37 per cent of the annual income of the people, and would probably be made

A

In its report of the shooting of the Shanghai team in the Interport match the

C. Daily Fews says:-

When the shoot took place the condi tions were very good indeed, The light was bright, clear and steady, and the wind very gentle from about half-past three to four o'clock on the target. Capt. Barrett was winner of the high gun, with the fine acore of ninety-nine, similar per formances being done by. Mr. A. M.

Collaco had hard luck in getting a magpie thirty-four at the longest range, 600 yards, put Capt. Barrett first. for his first to count at this range. Details:~~

Totals.

200 500 600

Mr.

E. I. M. Barrett .... 38 33 34 ધૂમ્ર

33 34 A. M. Coll.co A. C. Crighton

32 33 99 32 98

E. H. Lynch. J. B. Main C. Mills W. T. Bowen W. O. Lancaster B. A. Ransom W. E. Sauer .....

310 329 317 952 average 08.2 The umpires were as follows:-For Shanghai, Lieut.-Col. A. A. 6. Barnes; for Hongkong, Sergt. Maj. Fry for Singa- pere, Major T. E. Treeman; and for Penang. Mr. K. J. MeLuen, Dep.-Supt. of Police.

Thanks are due to the selection com- mittee for their work, the members being. Mr. W. Brasd, Mr. H. W. Daldy and Dr. Ransom.

BRITISH OPIUM COMMISSION.

up again. in the course of four or five years after the conclusion of peace. comparison of the incidence of taxation por head of the population of the difior- ent countries shows that it was 05.70 in Great Britain in 1904/5, M82.41 in France in 1908, M 48.42 in Italy in 1008/7, M18 in Germany in 1908 and M18.13 in Bussia in 1908. It is to be regretted that these figures are not all for the same year or brought up nearer to date. as it would have greatly enhanced their value. As to the national debt, that of the German Empire and the Federal Marks to 20,394 in 1911, that of Great States together amounted in millions of Britain to 14,955 and that of France to 20,328, equal to M309.49, M330.75 and M513.13 por head of the population. It should be borne in mind at the same time that more than one-half of the proceeds of the loans raised by Germany has been invested in productivo undertakings such as the State railways, etc., and that, furthermore, Germany has large out- standings in foreign countries: these were estimated at 10 milliard Marks in 1905 and are likely to have increased con- siderably since. All this seems to justify the conclusion that, should the occasion arise, there would be no difficulty in finding the means for carrying on a war by appealing to the patriotic sense of a technical point of view of the ability of the financial institu tions of the country to cope with the exigencies of a war, the writer declares himself satigued that, the nation being perfectly able, considering its accumulated wealth and its annual earn-nch vet returned. ings, to bear the strain, they will, under judicious management, be in a position to supply the necessary funds as they may The proposed issue of an bo required. additional 120 million Marks of silver aoin and the contemplated increass of the war reserve by 120 millions in gold

A FAIR NEPORT. "

The British opium investigators have returned to Peking. They report that they did not and a single poppy plant in Hunan or Ashui. Certain fields where

opium was known to be growing some weeks ago are perfectly clear, thus prov ing that upreoting operations have been thorough and complete. The Government is delighted at this proof of the carrying- other Legations consider it a remarkable. And most satisfactory illustration of the intention and power of the Central Government to fulfil its anti-noppy undertakings.

Do you know the right way of assessing instructed to write to the Government the nation. After a careful examination out of its orders, while the British and

houses?--What do you mean by right way? accordingly. It was decided that nothing I mean the correct way, How would more could be done until further informa you set about it?—I would make inquiries tion is obtained.

поте

from the tenant if the house occupied and compare the rent with others in the locality,

Witness added that he based his valuation of these houses upon the locality and class of tenant.

he

In reply to his Lordship, witness said discussed the matter with Mr. Denison.

THE LATE GENERAL HBU PAO-SAN.

This is what the China Republican (Shanghai) has to say in reference to the recent bomb outrage:--

General Heu Pasan was the chief of

from

These provinces will therefore he de- clared free, The Shantung mission has

THE MAGISTRAGY.

declaration of the defendant, said he He said to the latter that he did not since the Revolution he has been in com- bo no actual scarcity of money in circula disorderly conduct. They were fined $1

must have proof of the service of the

order.

Mr. Lewis consented to give evidence in this connection, and after being sworn and testifying to the service, said he saw

very little good in making the order, as it would be quite useless to the applicant. His Lordship-I can only hear you as a witness, but you would be perfectly justified in instructing Counsel.

THE NEW FINANCE BILL.

A HEATY FINED, A fine of $200 was imposed on

·

2

INTIMATIONS

RED RASH ON FACE ITCHED AND BURNED

Face Covered With White-headed Pimples. Caused Buch Pain. Used Cuticura Soap and Ointment. Within Few Days Face Clear.

And

I

22, Mildmay St., Plymouth, Eng.-" The first sign of my skin trouble was a lot of rod rash which camo out on my face and

at night would kehandburn was bound to scisick the places, and after a little willo my foss was covered with white-headed pimples which caused me much pain at might,

This lasted

twm er the months. All this time I had been trying dif-

forent remedies which did not take much effect and so I thought I would try some Cuticura Song and Dintimant which I did and after a few weeks nearly all the pimples were gone, the burning and Hiching W stopped, and within

few days my fac was clear. I still use Cuticum Boop and have not had any signs of any more pimples yet, and I give all the praise to Cutierra.“ (Signed) 5. Winnicott, Apr. 10, 1812.

Cutlour Boop is best for skin and hatr because of its catrome purity, delicate yet effective emollient-properties and refreshing fragrance. It wours to a wafer and gives comfort and satisfaction every moment of its use, for toilet, bath and any. Cuti- curs Soap and Cu:leura Ointment are sold throughout the world. A sample of sach with $2-p, Skin Book free from nearest de- pot: F. Newbery & Sons, 37, Charterhouso Sq. London: B. Towns & Co., Sydney, N. S. W.; Lenuga, Lid, Cape Town: Muller. Maclena & Co., Caloutta and Bombay: Pot- tor Drug & Chem. Corp., Boston, U. 8. A "Tendor-faced men ahoraid shave with Cutler Soap Shaving Stick. Sample free.

6-20

HOWARD

WATCHES

THE AMERICAN WATCH

OF FINEST QUALITY AND HIGH PRECISION.

ADJUSTED FOR TEMPORATUSE AND POSITIONS.

THE PRICE OF THE HOWARD

WATCH IS FIXED

AT THE FACTORT.

Write or Fend for Catalogue

to

THE BOLE AGENTS:

Chs. J. Gaupp & Co.,

OUR

OF

ALEXANDRA BUILDINGS.

CHATER ROAD:

THE EYE

and its anatomy and our long experiense în correcting defective vizion enable us to teli beyond doubt if your eyes will be bozefited

DISORDERLY RICSHL COOLIES.: Inspector Kerr charged ten Kowloon ricaba coolies, before Mr. Melbourne, with STUDY a gang of salt-smugglere a few years ago. seem a further guarantee that there will think the houses were worth 3100, and mand of the 2nd Division of the Army tion on the outbreak of a war, and if the each. with this Mr. Denison agreed. They with headquarters at the City of Yang Reichsbank will but adhere to the priu- afterwards made independent valuations chow, on the Yangtzo. News has been ciple of gradually increasing its gold received here since last Saturday of his and he was informed that they agreed.

reserve, the financial position will be regrettable death through the explosion Mr. Hodgson then resumed his cross of & bomb, which is said to base been such as to permit the Government to Chinese for being in unlawful possession

delivered at his house addressed to him, pursue

a firm and consistent foreign of 15 tals 7 mace of dross opium. The without being hampered by alternative was two months' hari labour. examination of Mr. Denison, questioning and that on opening the package, or box, policy

GAMBLING AT HUNOHOM. witness as to the class of Chinese occupya violent explosion occurred which re- financial considerations.

Eleven Chinese were charged with ing certain property. He admitted that sulted in his death. At one time he was there were many houses in the Colony understood to be on good terms with the

by wearing glasses The new finance bill, which, as usual, has gambling at a house at Hungbom. Acting notorions General Chang Heun, the com- whoss assessment on the face of it was

mander of some 40,000 or 50,000 troops been referred to a committen for con- Inspector Ginat raided the house on Mr. Lewin-I don't feel justified in aurprising until the facta ware gone into. near Pakow, but it is rumoured that since sideration before being laid before the incurring the expenso. The mortgagee, Mr. David Wood was called and gave up the relations between those two officers leave it in a much amended form, for 850, or one month's imprisonment, and the shocking Sung murder case cropped Reichstag for the second reading, is likely Saturday night. The first man was fined when interest is in arrear, cannot be pre evidence in support of his assessment, became less friendly, or even somewhat although the plan of providing the means the others were fined $2 each. vented from going into possession. stating that in addition to the owners strained, owing to differences of opinion for the increase of the army by a non- on the subject of that foul crime, the recurring levy on property is generally His Lordship-You mean to say the several Chinese, compradores of import victim of the bomb outrage holding that approved of, there is a great diversity of mortgagoo can take possession?

ant businesses in the Colony, were found there should be a thorough investigation, opinion as to the details, for instance, occupying the houses mentioned. He while Chang Haun took a diametrically whether the tax is to be a progressive one

The late opposite view of the matter." His Lordship-What do you say to that, considered that the houses mentioned by General's son is at present in Yuan Shih- or uniform, as advocated by the Govern- stated that a crowd collected on land on the other side wore worthless for purposes Eai's palace in Peking, where he has mont, whether the limit of exemption is the east side of the Bisters' quarters at Mr. Jenkin-I have nothing at all to

of comparison. The percentage of apparently been held for some time past to be raised or lowered, etc. The tax on

a great noise. All had previously been say to it.

virtually as a hostage for his father's the increment of property is certainly the Government Civil Hospital, and made We have letters from the increase in the value of Chinese property good behaviour and instant obedience of viewed with dislavour by many, as are mortgagee saying he would not press for in the Colony was 67 per cent. He had all orders emanating from Peking.

also the proposed increase in the cautioned. They disregarded the warn this mortgage interest until these proceed investigated, about 100 houses in a certain

It is to be hoped that the perpetratora matricular contributions of the Federaling, being found there on Sunday. The ings were settled, but apparently he has locality and found that during the of this terrible crime will be brought to States and the boarding of 250 millions defendant was fined $5, or 14 days in the

justios in due course.

in gold for fulum contingencies.

alternative

Mr. Lowis-Yes, and collect the rents.

Mr. Jenkint

A HOWDY WOMAN. Before Mr. F. A. Hazeland, a woman was charged with trespassing on Govern property. Inspector Dymond

ment

Our method of feeling is soientia una -accurate. - 17 you do not need glasses we will tell you so, if you do neod glasses wo con supply and Bf them at extremely moderate prices.

MAKE CERTAIN

WE WILL TELL YOU.

X BLOGS,

RO

CHATER

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