1913-06-23 — Page 3

RANDOM REFLECTIONS.

Saturday was the longest day accord- ing to Chinese and Gregorian reckoning. Had the rain not hold off in the afternoon it would have seemed much longer than it was,

Bome days ago one of our police

SUPREME COURT.

セッ

Saturday, 21st June.

THE HONGKONG DAILY PRESS, MONDAY, JUNE 23RD 1915.

of December, 1810, together with an account showing a balance due to us of $41,081.58. You will note that in the account sent you on the 7th December there was,:0 mistake in the balance due to us. Tho correct amount is as stated in the account

LOCAL

SPORT.

VICTORIA RECREATION CLUB.

SON SOIL

AQUATIC VETE.

topic of conversation is the iniquities of Mr. J. 8. Hareton, of Messrs: Deacon solicitor and dient, points to the bill Heat I.: A. A: Claxton (scratch); Heat

→→Servantu

the Chinese servant has degenerated in recent years. Before the difficulty was with him that he did not "savvy." now tou the trouble is that he "gavvies' much, or thinks he does, which is just as bad. He has become less satisfactory as

11

understood to be otherwise; this he has

Messrs. Wilkinson & Grist) for respon-not done. dent,

Sir Havilland de Saumarez, whose judgment was read by the Fuisus fudge, said:-In the year 1901 Mr. Brutton was retained by Leung Shin Kong to conduct a heavy piece of litigation against him at the writ of the Imperial Bank of China. The matter was very complicated and

and WAY half 題 million dollars was in. By the middle of 1909 *

UNITED SERVICES PAGAL GYMKHANA.

After several disappointments, the first Pagal Gymkhana under the auspices of the United Services Recreation Club was hold on the Club's ground at Kowloon on Saturday, Excellent arrangements had been made, and the event was a pro- The Club and those nounced success.

John

The results were as follows—

out telegram, each consecutive word of

IN APPELLATE JURISDICTION.

On Saturday night, at the V.R.C., this A SOLICITOR'S 'COSTS.

sent herewith and dated the 20th Decem-Club held their Erst Aquatic Fite of the ber, 1910." There is not a word JA to Judgment was delivered in the matter

There was a large attendance, asgistrates remarked from the beach that of the petition on behalf of Mr. G. K. compromise in the letter, and whilst I do all the available accommodation being "Chinese servants were becoming unbenr. Hall Brutton, solicitor, that the bills off not impugn Mr. Brutton's good farth taken up before the start of the first event, attending the function owe a debt of The entertainment provided was of a gratitude to Major A. L. Barrett, whose able

"Many householders in the Colony foes, charges, and disbursements delivered cannot see how he can now be allowed will subsoribe to this dictum, but it may by him or his firm to Leung Shiu Kone to read into this very explicit letter of high class order, and some good swimming energy and enthusiasm in the discharge)

the 30th December a condition which was witnessed. The programme consisted of his duties as Hon. Secretary conduced well be asked if the servant problem is as in the matter of Original Jurisdiction

cannot in any way be inferred from its of nine events, each of which proved to be in a large measure to the success of the great here as it is at Home, especially in action, 73 of 1904, be referred to the

contexts. Everything, the torms of the

very entertaining. During the evening event. He was well supported in the field view of all the complications introduced Registrar to be taxed, and, further, that by Mr. Lloyd George? No matter where the Registrar tax the costs of reference letter, the supplementary bill for further music was discoursed by the String Band by H.E. Major-General Anderson, C.B.,

charges, the considerable amount already of the D.C.L.I. ladies meet, whether at Home, in the self.and certify what shall be found due to or disallowed on party and party taxation!

Colonels Rowlandson and Walton, Cap- The following were the results :--

tain Robertson, and Lieutenant Wiltshire. governing Colonies, in Hongkong, ou the from either party.

Mr. M. W. Slade, K.C. (instructed by

as being properly chargeable between

Two Lengths Handicap (50 yards).—

Among the large number of spectators China coast or in Japan, the one fruitful

being a

full bill of charges between II., G. C. Jorge; Heat III., C. F. Mills; and Lady Rees Davies, and Colonel St. were H. E. the Governor, the Chief Justice Looker, Deacon & Harston) was for the solicitor and dient, and the appellant Heat IV, IC Witchell Final Li appellant--and Mr CG-Alabaster There can be no doubt, however, that † (instructed by Mr. Reader Harris, of ought to prove conclusively that it was Mills; 2, Claxton. Time, 352-5secs,

Running header from spring hoard.--1, There is no reason why M. A. I. Souza; B, L. C. Souza.

BENDING RACE FOR GENTLEMEN (mount solicitor should not send in a bill condi- tionally, so as to prevent a right in the Heat I.: H. J. White (receives 125ccs. Gentleman to ride, dismount, and hand a

Three Lengths Handiean (7 yards).).—1, Capt. Morgan; 2, Lieut. Torrie. AFFINITY RACE, TELEGRAM STAKES. client to have that bill taxed (in re Heat IL.. F. L. Roza (receives secs.); Thompson, 30 Ch. Div. 441), and if Mr. Heat III., A. H. Ellis (receives 1lecen.), Brutton had cearly indicated that this Final: 1, Roza, 2, Ellis. Time, 52sces. was an offer by way of settlement au Pillow Fight in Tubs --R. C. Witchell.

Ladies' Nomiuntion. Each competitor doubt he could have clained to deliver a further bill. But as has been pointed out had to swim one length, pick up an egg. in all these casa the provisions as to the in a spoon, place handle of spoon in right to tax delivered bills are for the mouth, and swim back to starting point.-- protection of a client in view of the ad-R. C. Witchell (Mrs. Windebank).

Team Race-1, R. C. Witchell, F. L. vantage given to a solicitor by his skilled knowledge. If the solicitor is going to Roza, A. V. Barros, A. R. Ellis. and J. claim such a right as is claimed here he M. A. Remedios, must be very careful to preserve that

The water polo match between teams right. This M. Brutton has not done. captained by Messrs, R. C. Witchell and to the conclusion that the solicitor's bill character; and much good tiny was seen. I have accordingly no difficulty in coming A. V. Barros proved of a most exciting

was delivered, and delivered unconditionThe teams were--White: R. C. Witchell, ally. Once a bill is so delivered it is, J. C. Finch, R. A. Carvalho. M. L, Rail think, quite clear on the cases which ton, A. J. Ribeiro, A. R. Ellis, and F. have been cited. that the client is entitled

J. White. Blue: A. V. Barros, A.. S. to have that bill taxed unless it is out of Ellis, J. M. R. Pereira, G, W. Sewell, A, Lieut. Elwes and Mr. Hastings; -2, - time, and then if there are special cir. England, F. M. Ellis, and G. C. Jorge Capt. Crawford and Miss Hettie Tones. cumstances a judge can order taxation.

THAT PESGING, on ponics, with swords. Such order has been made, and, as I think

-1, "Capt. Hagger; 2, Subadar Sha it was rightly made, the appeal ought to

Muhammed. be dismissed. The case of Lunsom The Shipecte Land Co. is clearly dis tinguishable from this case, as Kemp J. in his judgment, which he has shown to me, points out.

one

another

ofer

a servant, and at the same time he has become more costly, vages having in many bases nearly doubled during the past

Perhaps if house twenty years or 80. holders were to take the trouble of summon ing their servante for offence committed, issue. instead of ignoring these or taking the sum of about $16,500 had been expanded; law into their own hands, the Chinese this was before briefs were delivered for servant might be rendered more tractable, the trial or the heavy costs of a rounis Or, better still, a system of registration.sion to Shanghai had been puid, thus This should not be beyond the powers of someone in the official service, but as long as the present haphazard system, which is no system, is allowed to con- tinue, bad and unsatisfactory servants stand just as good chances of being co- ployed as good ones,

The protests of Kowloon-against being deprived of wharf accommodation have had some result. During the present works at Police Pier, temporary stops have been constructed which meet the public convenience.

There is a good deal of criticism of company management in Hongkong which never gets to the surface, except perhaps when an occasional letter under a nom de plume appears in the local Press. and the tranchant criticism which has come from shareholders at Home with regard to transactions between the Land Investment Company and the Land Reclamation Company has created a mild sensation. Whether the suggestions of the share- holders identified with the protest sre adopted or not, no one can disagree with Mr. Gershom Stewart, M.P.. when he writes it will not work out to the benefit of Hongkong if an uneasy feeling should prevail at Home with regard to company management in the Colony But what puzzles me is why shareholders only discover these defects after they leave the Colony ?

between $13,500 and $14,000 represented the solicitor's costs. and the balance dis burements. At that time, as appears by

| Mr. Erutton's affidavit, which is corro-

bornted by Mr. Slade, who was Counsel in the case, an arrangement was come to between the respondent Leung and Mr. Brutton's arm-whereby the latter agreed to finance the rest of the action and to take the sum of $15,500 and whatever might be allowed as between party and party, on taxation. As the respondent was successful the result is that $15,500 less a matter of $554 paid by Mr. Brutton was to be taken as the difference between party and party and solicitor and client costs in the action down to its determina-

The Chief Justice, Sir Willian Rees tion in Hongkong. Had the matter ended

there would probably have Davies, K.C., in the course of his judg- there,

difference between thement, said that it was impossible to con- been.

parties, but the Imperial tend in the face of the facts to which he present

of China appealed to His referred in his judgment below, and which: Bank Majesty in Council, and an undertaking were set out fully in the judgments of his was given by Mr. Brutton for the return learned brothers. that the bills delivered. of the costs paid in the event of a reversal.

were other that solicitor and client bills. of the judgment of the Full Court of The question then arose whether the Court Consequently Mr. Brutton was empowered to allow a further bill to Hongkong, was kept out of about 840,000 representing be delivered. In his opinion it was not the taxed party and party costs. He had to add that the order which he ceedings in Chambers were taken and an made in Chambers was never intended to attempt made to arrange that security for order a further taxation of the bills the repayment of their costs should be already taxed, and if there were any am given by Mr. Brutton's client, the biguity in the order it would be amended respondent

this appeal. to

There accordingly. His two learned brothers is no question at present ሲዳ to

no

Pro-

concurred in this.

Following two brilliant shots by Eng- and from far out. White attacked, and Ribeiro scored with a lovely shot. Sewell worked his way right through on the edge of the baths, and throw across to Ellis, Pereira added a second who equatised. for the Blues. In the second half the Whites were always the better teas, but experienced the worst of luck. Finch, brilliant player, repeatedly had hard The Blues lines with deserving efforts. won in lucky fashion by two goal to one.

LAWN BOWLS.

POLICE *. KOWLOON,

The league match between Police, and Kowloon on Saturday at Happy Valley resulted in the overwhelming defeat of the

home team Scores -

KOWLOON.

D. S. Cooper W. J. Crawford. C. Alexander H. Hall

(skip) The Paisne Judge, Mr. Justica Kemp,

• Er Guy concurred in the decisions of his brother J. Alan judges, pointing out that the objection W. Russell. to allowing an amended bill in such a D. Havel

We have had one more proof during whether this agreement as to costs is or the past week--that the Government--y.

take the

ever was binding, but it is pretty clear put it mildly does not

that it was no longer in the contemplation Sanitary Board seriously. A communica- tion from the Government was read at of the parties after these negotiations. The the last meeting of the Board to the letter of the 7th December ends in the case as the present was one of principle. effect that the Governor-in-Council, with account of "the costs incurred in connee make an explicit order that the costs A. It. Whiley out reference, to the Sanitary Board, hudtion with the above action up to the 30th already taxed Jould not be taxed again. M. Melvor

(skip)

Mr. Blado moked their Lordships to a Ramsay

He contended that he had been successful A. Milroy on this appeal, and proceeded to refer to waiter which had taken place in Chambers,

The Chief Justice said it was not as Mr. Slade had said. Mr. Slade was not present in Chambers: he (his Lordship) was, and heard the whole thing in Cham bore.

Mr. Sladoen, my Lord, may 1 sup Hogest that pour Lordship's memory is at

fault?

royer.

R. C. Watt J. Grant T. Gloudinning D. McHardy (skip). BBooker

24

R. Fenton

J. Grant

K. McLenuan

20 (skip

A. Clark

J. Wutt

W. Cooper

13

18

W. Cameros

(skip) 20

(skip)

Total... 61

Total

48

TAIKOO v CIVIL SERVICE

This league match played at Quarry Bay ended in a win for the home team by

5 points.

Taikoo Police Kowloon

LEAGUE TABLE.

P W L. D.

2

0 .0

4

2

1 1 0

2

1 2 Civil Service... 2 0

t 0 2 2 0 0

von word to partner, the latter to write which will commence with the correspond. ing letter of the word in question.. Gentleman to remount and return to winning post.. Marks for time and ingenuity.

1, Lieut. Torrie and Mrs. Walton; 2, Dr. and Mrs. Hastings.

The winning telegram, from the word Psychological," read-"Please send Four cheap hat or lend one. Going into camp at Lo-wu."

DISMOUNTED LLOYD LINDSAY-Partners to run a distance where piles of stones are provided; gentleman to hand stones to lady, who will break two bottles; and then both to return to winning post holding hands.

THREAD AND NEEDLE RACE (affinity).-

Indy to run with thread to partner, who will have a needle and button. He will thread the needle, sew the button on to his own coat and return with lady. First in with button properly sewn on wins, Points for workmanship.

1 Cupt. Atkins, and Miss Liebert; 2, Lieut. Bisdee and Miss Tomes.

ULTAPULTA " rachy on mules, bare- backed Ladies' nomination, the last past the post to win.

Lieut. Bisdee and Miss H. Tomes; 2, Lieut. Bradney and Miss D. Robertson. GENERAL KNOWLEDGE STAKES, (affinity).- Grutleman to ride with sealed envelope containing questions to partner, return- ing with replies to winning post

1. Commander Pope end Miss Hoskyn; 2, Capt. James and Lady Rees Davies.

PURDAN, NASHIN STAKES (affinity.)—— Ladies bu sit behind a sheet with only their feet exposed. Men to start from a-certain-dietano-and-write names o ladies in their order as they sit. No -conversation allowed.

1. Capt. Crawford and Miss Tomes; 2,

Lieut. Hesgate and Miss Hoskyn.

The prizes were presented at the cluse by Mrs. St. John.

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November, 1910," and after adding "there granted an application which the Board is a balance due to as of $40,871.03" had previously animously refused.

(subsequently corrected to $41,018.50). Mr. Bowley, in a minute, described the asks a cheque for that amount. It is action of the Governor-in-Council as contended by Mr. Brution that the bille ultra vires. It clearly is. Section 16% of were not delivered as representing his full the Public Health and Buildings Ordi- charges, and he relies upon the fact that nance reads: "No person shall construct at this time the negotiations to which except in a hospital any water closet or 1 have alluded were in progress, urinal having any communication with says in effect "the bills as presented are an or private drain offer for compromise, and, as you did not any public sewer without the permission of the Bord and accept it, I claim to start de novo and the consent of the Governor in Council" deliver a clean bill for all the work I The Board had refused permission, and have done." I may remark that he does that settled the matter. it is specially

not claim to have made any disbursements interesting to note that the resolution was which were not already charged. moved by a member of the Governor's relies on the last paragraph of the letter

MINING IN THE NEW TERRITORY. Council. There should be an interesting of the 30th December, in which he refers

Bowley at next

The following proviso has been added discussion if Mr.

to the greater sum which is to come to meeting of the Sanitary Board brings the the respondent if he compromises. These and done it over and over again most to Regulation No. 10, under the provi- subject forward again, as he intimated negotiations continued with a view to Mr.sively. You cannot always be right. siens of Section 6 of the prospecting and

None of us can always be right. he might do.

Brutton getting paid, and in those cir

Mr. Slade-May I be permitted to sug- Mining Ordinance, 1998 (Ordinance No. increase in the dividend, which, together STUDY

with the interest of 25 frames, will Mr. Shelton cumstances he wrote the letter of the 7th Rest without any offence that perhaps in of 1006), relative to prospecting and represent a gross revenue per share of this case your Lordship's memory is mining in the New Territories of Hong-179,9451. and a net amount per share of playing you false 1 May

-kong:-" Provided that any or all of the 165. Considerable amounts will be added The Chief Jastic-I will hear you on Monday. We have given our judgment conditions determined in this regulation of there is any question as to the form the may be dispensed with by permission of order should take I will hear you in Chambers.

About two years ago

He

Hooper resigned his scat on the Sanitary December sending in an account in which Board as a protest against the attitude he offers to surrender his claim to the of the Government towards the Board. A money in the bank which represented the decision of the Board to delete certain sum which might have to be repaid and words from a bye-law was ignored by the which amounted to 847,816 and to take This repre Government, who in submitting the bye- instead the sum of $41,018, laws to the Legislative Council for Enal sented not the sum which would have approval, retained in them the words the been due under the old arrangement, but. No com the balance due on the untaxed amount Sanitary Board hed deleted. munication had been made by the Govern of the appellant's bills which had been ment to the Sanitary Board on the taxed as between party and party and a subject, and no reference was made in the further untaxed bill for $1,350.70 which Legislative Council to the conflict of is described by him as being "in respect opinion between the Government and the of different matters in the action which Sanitary Board, and the consequence was had not been included in the taxed bills that the Legislative Council passed the of costs above referred tog" which covers had dates from the 23rd July, 1906, to the bye-laws

the Government as submitted them, not suspecting that the 23rd December, 1910. On the respondent Sanitary Board's resolution bhad been asking for particulars copics of the vari- utterly ignored. Mr. Shelton Hooper, ous bills were sent on the 30th December who had been a most useful member of the accompanied by a letter in these words: "Herewith we beg to enclose 7 Bills of Board for six years, resigned his seat

Costs commencing from the 18th April, in disgust.

RODERICK RANDOM.

1904, up to and including the 3rd day

The Chief Justice-We have given sar judgment, and I am not inclined to allow you to asperse the judgment we have given.

Mr. Slade-May I read your Lordship's nutes 1

The Chief Justice said-I will not allow you to over and over again impugn what I have said.

Mr. Slade- did not wish to impugn what your Lordship said, but

The Chief Justice-You have done so,

439

the Governor-in-Council.'

PERTUSSIN.

In the report submitted to the share holders of the Suez Canal Company at the meeting on June 2 the Board of Admini- Pts.stration states that although the year 1912 followed & year which had been particu- larly prosperous and although it had to carry the burden of a reduction of 50 centimes in the canal tariff the present balance-sheet is the most favourable that has yet been submitted; There had heon trade activity between the Fast and the a good harvest in British India and great West, and the regions beyond Suez word gradually being developed. Nevertheless the directors in a spirit of wise la not proposo any conservatism"

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the ATFECTIONS OF THE LUNGS will be greatly relieved by the use of it.

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IMPORTERS:

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TIENTSIN AND PEKING.

7

OUR

BUILDINGS,

CEATER ROAD.

ES

OF

to the diffrent amortization, insurance, THE EYE and reserve funds; the statutory reserve fund will now exceed 10,000,000f., and the extradinary reserve intended to meet the consequences of the recent reduction in the bariff will reach 10,000,000£.

The total receipts for 1912 amount to 139,822,039f., an increase of 1,884,414. as compared with 1911. The total expendi ture

to amounts 47,725,6241., which includes two sums of 3,000,000t, each paid into the amortization fund and the fand for insurance and for unforeseen occur- Fences, Apart from 2,000,000f. of the increase in payments into these funds the expenditure shows an increase of 673,881f,, mostly due to dredging operations. The gros total of the balance of receipts over expenditure amounts to 92,197,015, nod the net total, after deducting the amounts carried to reserves, &c., to 89,770,0867. After deduction from this amount of a payment into the extraordinary reserve of 2,000,000f. and the transfer of 477,726. to the credit of the current year's accounta the balance of the profit to be distributed is 87,292,957f. producing the dividend per

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48