1913-08-07 — Page 4

The wine ferchant of the last

NAPIER JOHNSTONE'S

SQUARE BOTTLE"

WHISKY.

UNVARIED FOR OVER 150 YEARS,

THE SAME TO-DAY AS IN

OF

1745. BEWARE

IMITATIONS.

SOLE AGENTS IN HONGKONG

LANE CRAWFORD & CO.,

and from ALL WINE MERCHANTE.

[74

SUPREME COURT.

Wednesday, August Stk.

IN SUMMARY JURIEDLUTION.

BETORS THE PUISSE JUDOR (MB. J. H. KEMP)

THE MONRY LOAN ASSOCIATION CAÐIR.

Further argument was hoard in the case

in which Un Yan Sing and others are

THE HONGKONG DAILY PRESS, THURSDAY, AUGUST 7TH, 1913.

suing Fong Lan San to recover $200, being -

WM. POWELL MOUTRIE'S

LTD

TELEPHONE 346,

HIGH-CLASS

the balance due for two unpaid instalGENTLEMEN'S OUTFITTERS

ments of $100 each payable by the defon- dant in respect of a Money Loan Associa- tion in which the plaintiffs are undrawn cember and the defendant in a drawn member.

Mr. E. Davidson (of Mears. Hastings & Hastings) appeared for the plaintiffs and Mr. P. W. Goldring (of Mesara, Goldring & Russ) represented the defendant.

Mr. Davidson informed his Lordship that since the last hearing Mr. Goldring had admitted that the plaintiffs were the only undrawn members of the Association, His Lordship would remember that Mr. Goldring had cited a case which was decided here in 1902. in which it was found that a member of a money lenn nssociation could not awe another mem- ber. The case was cited from the Hong- kong Daily Press of that year, and the point taken, in answer to that was that that caso was decided in 1802, and that since then Ordinance No. 1 of 1009 had been passed which gave the Court con- current jurisdiction in law and equity, GRACA & CO.

and therefore enabled the plaintiff to PEDDER ST. (Hongkong Hotel Nailding).

Tely in any netion in this Court upon an equitable right; that that extonded to DOSTAGE STAMPS. PICTORIAL

POST CARDS, CIGARS. BOOKS, Summary Jurisdiction Courts, and there

POSTAGE

Doalors in

ΤΟΥΣ, ΔΕ

Just Received

FRESH SUPPLY OF

VEGETABLE

MARTIN'S

SEEDS.

[842

SAPIOLOSLES

* Tranch Hamedy forall Irregularities, Thanamodi of Lodies divaya keep » bon al Martina Filiz shu tecuma, matračuni kio Krat Ierowumeity of the Hratăm a ther dose may be admichlerod. These wha unale recommend them, hộnce their suOS-

ale, All Chemlatsang Större well that Throughout the World, or pom Tran-15-2 MANTIH, Chemist, Boschkoipios. Eng.

MARTIN'S APIOL STEEL

FOR

NERVOUS EXHAUSTION

LOSS

of

MEMORY

--and--

DEBILITY

to

from the HEAVES

CHAPOTEAUT'S PHOSPHO-GLYCERATE OF LIMB

It increases vital energy und nerve 'force, cures Neurathanlä, Dyspepsia, Insomòta, and narobur diseases in adults and children.

EN CAPEL·LES, IN WINE, ABO IN SYRUP

PASSED THE CANAL:

May 30th Antilochus, Nore. June 6th-Tydrue, Den of 'Glamis, June 10th-ppon.

June 13th-Indrani, Nile.

June 17th-Dunbar.

123.4}

fore enabled the plaintiffs in this case to bring their action in place of the trustee

that was to say, the promoter-who

"SAXONE"

FOOTWEAR FOR GENTLEMEN

BOOTS

$11.00

SOLE AGENTS

HONGKONG

PIANOS!

ON

HIRE

PIANOS!!

AT $10 PER MONTH.

SHOES

$10.00

TUNING AND

REGULAR ATTENTION INCLUSIVE.

(EACH PAIR GUARANTEED.)

SOLE AGENTS

HONGKONG

WM. POWELL, LTD.

A CHOICE SELECTION :

FRY'S KING GEORGE V.

AND

6271

S. MOUTRIE & CO., LTD.

(629.4

NOTICES TO CONSIGNEES

"MOGUL" LINE OF STEAMERS.

NOTICE TO CONSIGNEES.

The Sternship "EMPRESS OF ASIA”

FROM GLASGOW, LIVERPOOL AND

STRAITS.

CONSIGNEES of Carpe are hereby informed

QUEEN MARY CHOCOLATES, delivery may be obtained.

would be the proper person to bring it. CADBURY'S IMPERIAL CHOCOLATES.notice to the contrary be given, before. Therefore his Lordship was not bound by

that decision of 1902, as that relief could not have been given at that date. Mr. Goldring replied that Ordinance No. 2 of 1901 did not apply to the Summary Court.

A SPECIALITY:

FRESH HOME-MADE CHOCOLATES.

NOTICES TO CONSIGNEES

8.S. CHILI."

COMPAGNIE DES MESSAGERIES

MARITIMES.

NOTICE.

that all Goods are being landed. at their { risk into the Godowns of Holt's Wharf at ONSIGNEES of Cargo from London ex 8.5. Kowloon, whines and/or from the wharves "Breton," "Basque" and "Sidun," from Antwerp ex ae. "Aragon," from Havre et Optional Cargo will be forwarded unless me. Broten" and from Bordeaux az 8,6 Verberokmoes" and Ville de Lorient • No Claims will be admitted after the Goode in connection with aboro Steamer are have left the Godowas, and all Goods hereby informed that their Goods with remaining undelivered after the 7th Ang, will, the exception of Opium, Treasure and bo subject to rent.

Valuables are being landed and stored at All Claims against the Steamer must be pre- their risks into the hazardous and/or extra santed to the Undoraigned on or before the 27th hazardous Godowns of the Hongkong and Aug, or they will not be recognised.

Kowloon Wharf and Godown Co., Ltd, st Ali broken, abated, and damaged Goods are to Komicon, whence delivery may be obtained

examined on the 7th Aug., at 11 A.M.

No Fire Insurance bas boon affected. Bill of Lading will be countersigned by

DODWELL & Co., Erp., Agents, Monu LINE. Hongkong, 10th July, 1913..

1994

Mr. Goldring--That is not my only WEISMANN, LIMITED, bo left in the Godowns, where they will be immotistoly after landing.

reply. I have other points.

Mr. Davidson said he understood his friend's reply to be, in the first place, that it did not apply, and in the second,

that, if it did, it was a claim to a cestui que trust fund, and therefore beyond the jurisdiction. The case quoted by Mr. Goldring над not sufficiently

reported for his Lord. ship to be guided by it, inasmuch as it omitied to say exactly upon what grounds it was decided,

If it was on all fours with the present case, he must answer it by showing that in fact that relief could not have been given at that date. Ordin ance No. 3 of 1973 practically gave the Supreme Court here jurisdiction at Common Law. The Summary Jurisdic. tion Ordinance gave the Court power of dealing with certain matters on & simpler procedure. That was the sole distinction

[33

$20,600 if there were enough daimants. LITTLE STORIES OF THE DAY. It was obviously the intention of the Ordinance that claims of this kind, where there was a trust fund, should be brought in Original Jurisdiction and not in The point he Summary Jurisdiction. urged more than anything else was, that there was not a trust at all. It has been

held that the relations between the head

WHO STARTED THIS THING? Little Boy (feeling tender place): Mother, did gran'pa thrash daddy when ho was a little boy !! Mother: "Yes." Boy

And did bis father thrash him

Mother: Yo Boy:

when he was a little boy?

him

And did his father thrash Mother: "Yes."

NOTICE TO CONSIGNEES.

FROM KOEE AND MOJI.

THE Steamship

"JAPAN," having arrived from the above Ports, Con- Boy: Well, who started this thing?" | signess of Cargo are hereby informed that their

Goods will be delivered from alongside. Punch.

THE EDITOR'S JOKE.

A budding author who was making ex- cursions into humour sent a paragraph to the editor of a daily paper. Not finding it printed within a reasonable time or hearing from the editorial department, he wrote aboat its welfare. I sent you joke about ten days ago. I have heard nothing respecting its safe receipt, and should be glad to hear whether you have seen it, The editor's reply, says joke arrived safely, hat up to the present The Chronicle, was as follows: Your we have not soon it."

of an association and its members were simply a series of contracts which were eoformable by the head, or actious brought by various members against the head. That being so. and having been found by the Full Court and recognised in this Court for a great number of years, there was no question of trust at all, not even an implied trust. His Lordship had between those Ordinances. There was no

the rules of the association, and it would new jurisdiction conferred on the Supreme appear perfectly clear that these were a It already had jurisdiction to series of contracts, and that nobody could Court. "deal"with" all matters. The Summary Sue but the head kouming that Mr Court Ordinance preserved the distinction Davidson's contention were correct, that that existed between the legal and equit, there was a trust and the head of the Toronto. An organist had drawn up the i nhle jurisdiction of the Supreme Court There was not the slightest attempt in that Ordinance to distinguish between the Supreme Court in its Original and Sum-

association was a trustee, this was a case where the head of the association was a firm, and although two partners in this firm had bad a receiving order made

BY CHOPIN.

Cargo impeding the discharge will be Innded at Consignees risk and exponse into the hazard ous and/or extra hazardous Godowns of the Hongkong and Kowloon Wharf and Godown Company, Limited.

No Fire Insurance has boon eforted, Bits of Laling will be countersigned by Che: Undersigned,

DAVID SASSOON & Co., Løn.,

Agents. Hongkong, 4th August, 1913,

[60

8.5. YUNNAN," COMPAGNIE DES MESSAGERIES MARITIMES.

NOTICE.

Optional Cargo will be forwarded on unless intimation is received from the Consignees before NOON TO-DAY requesting it to be landed here.

Bills of Lading will be countersigned by the Undersigned. Goods remaining unclaimed after the 8th inst. at Noon will be subject to rent. and landing charges.

All Claims minst be sent in to me où ar kofors the 12th inst, or they will net be recognized.

All damaged packages will be oxamined on the 8th inst., at 10 AM.

No Fire Lusurance has been effected,

8. C. de BUSSIERRE.

Acting Agent. Hongkong, 1st August, 1913,

FROM EUROPE.

THE HAL. Steamship

"BELGRAVIA," Capt. Girstentrout, having arrived, Consignees of Cargo are hereby informed that their goods ara being landed and placed at their risk in the hazardons, and/or extra-hazardous Godowns of the Hongkong and Kowloon Wharf and Godown Co, Ltd, at Hongkong and/or Kowloon whence delivery may be obtained against Bills.of-Lading countersigned by the Undersigned.

Optional Cargo will be carried on unless notice to the contrary be given To-pay.

* All Claims must be presented within ten daye

of the steamer's arrival here, after which data they cannot be recognized,

No Clairos will be admitted after the Goods

mary Jurisdiction, and it was almost against them, the remedy still remained the printer, and instructed him to change informed that their goods with the exception of here left the Godowes, and all Goods remaining

"FEW REMARKS? An amusing story comes to us from order of a Sunday service, and it was in type ready for printing, when the death of an important personage made & change

ONSIGNEES of Cargo from Anvers in necessary. The organist telephoned to connection with above Steamer are borsby as against the Trustee in Bankruptcy or the postinde to "Funeral March by Cho-Opium, Treeiro and Valuables are boing incredible that if the Legislature had the individual members of the firm. There pin." This is what he found at the end landed and stored at their risks into the undelivered after the 8th inst. will be subject meant to affect-in any way the Summary was a remedy for these people against the of the list when he arrived at the hazardous and or extra hazardous Godowns of to rent.

the Hongkong Kowloon Wharf and Godowy

~All broken, chufat, und damaged goods-must- partners; if not they must go into bank-church; jurisdiction of the Court, that some preruptes and prove at the bankruptes, and

A few remarks by Chopin. Co., Ltd., at Kowloon, whence delivery may be be left in the Godowns, where they will he

examined on the 8th inst., at 9,30 Ä‚š. caution should not have been taken to make the trustee must come forward and get The printed sheet is before us as we obtained immediately after landing.

Optional Cargo will be forwarded on un'oas

No Fire Insurance will bo effected by us in it clear that that was their intention. The the money from the defendant. The case write, adds the urical Times.

of Gandy and Gandy was a question of a

intimation is received from the Consignees y case whatever jurisdiction of this Court in cases of debt refusal on behalf of the trustee to act.

before Noon To-day requesting it to be landed and damage had been extended to cases which was a very different thing from where the claim depended upon

where there was machinery for winding up this money loan association. It was équitable right. The basis of his argu-perfectly clear that this was an action was that there was absolutely for the execution of a trust, and that.

therefore, the sum being $1,200, the action was taken out of the jurisdiction of this

His Tardship reserved his decision.

ment

An'

othing to distinguish between the two iurisdictions; the Innguage was as wide as it could be made. The whole difficulty about money. loan associations was that the members frequently did not know one another, much less contrnet.

The pro- moter was bound to coliset moneys and pay them to those entitled to receive them,

June 20th-Cotswolð Range, Yangisse,consequently there must be a trust between 6. J. D. Ahlers.

June 24th-Mcinam.

July 4th-Peleus, Polynesien, July 8th-Goelen, Japan, Thèscus, Baron Ogilvy, Nárus

July 11th-fyson, City of Barode, Nyanza.

July 15th

Benlomond, Idomeneus, Sumatra, Wakasa Meru, Kioto.

July 18th-Aki Maru, Australien, Austria, Tyo Murn.

Court

THE ARMY MOUSTACHE.

HALE THAT WILL NOT GROW FOR THE KING'S REGULATIONE.

length,

WAITING FOR THE CHRISTENING.

A

In the crowded compartment of suburban train the lady-presumably a Sunday School teacher-nods pleasantly to a boy of eight, who fidgets. I haven't seen you for the last two Sundaya, Willie 1" she calls across to him, “Naw;

I was needed at hame" is the answer: there's been an addition to our family Then the lady leane aeross and touches the boy's knee, Willie," she says softly. is it a wee brother or a wee sister?" It's no christened yet," comes 'the' whispered reply,~~Glasyou Necos.

BISHOP'S BETTING STORY,

The Bishop of Southwark, when appeal- Ting for funda for the cathedral, told an amusing story of a lady's idea of hacking

horse.

bere.

Bills of Lading will be countersigned by the Undersigned, Goods remsinnig unclaimed after? sth inet. at Noon will be subject to rent ani ianding charges.

All claims izust be sent in to me on or beforu

the 12th inst, or they will not be recognized.

All damaged packages will be examined on th inst... at 9 1.xt

No Fire Insurance has been affected.

3. C. de BUSSTERRE,

Acting Agent Hongkong, 1st August, 1 13.

FROM NEW YORK.

**AMBRIA,”

12

This Steamer brings on Cargo:

ExsB." Kong Sigurd" from Holmestrand. Eras. "Bruala" from 'Drammen, Ex na." Jarl" from Abus.

HAMBURG-AMERIKA LINIE,

Hongkong Offles. Hongkong, 2nd August, 1913.

...

[949

EAST ASIATIC COMPANY, LIMITED, COPENHAGEN.

NOTICE TO CONSIGNÈRES.

[HE Motor-ship -

*ANNAM.”

THE

Optional Cargo will be forwarded on unless before Noon To-Day requesting it to be landed intimation is received from the Consignees

No Claims will be admitted after the Goods

here.

the promoter and each separate member.

Although of late certain Army officers have been seen with the upper lip Ir would not, said the Bishop, enter THE BAL Stenship. In this case each of the plaintiffs was a apparently clean-shaven it is not to bo into the intricacies of the cathedral's

having arrived, Consignees of Cargo are hereby July 1st-Palewan, Afghan Prince, Pertui que trust, the promoter was their supposed that the King's regulation finances because of the experience of a Captain Kaitseh, having arrived, Consignes Informed that their Goode, with the exception of Arabia, Glenfary,

insisting on moustaches has been friend of his who tried to explain to a of Cargo ars hereby informed that their Opiura, Treasure and Vadnables, are being landed trustee, and he had a certificate of the

abolished.

and stored at their risk into the hazardons and/or It is laid down in Section lady what the principles of betting were. Goods are being landed and placed at their risk property, which consisted of a claim XII Paragraph 1,696, of the King's If you hack a horse at 10 to 1 and you in the Jazardous and/or extra-hazarious Go extra bazardas Godorus of the Hongkong and against another person in contract. He Regulations for the Army that

put £1 on you get £10, and if you back downs of the Hongkong and Kowloon Whari Kowloon Wharf and Golown Company, Ltd., The hair of the head will be kept a horse at 20 to 1 and put £1 on, you get and Godown Company, Limited, at Hongkong Kowloon, and West Point Godewas, whenen had a right to sue the members who had

ehort. The chin and under lip will be | £20," he explained,

and for Kowloon, wheat delivery may be dolidory may be obtained. drawn for their subscriptions, and was shaved. but not the

lip. upper

"Yes replied the lady. "I think I obtained against Bills-of-Lading countersigned Whiskers if worn will be of moderate understand that quite well, but suppose by the Underage will be carried on znfes. liable to necount for the money of those who had not drawn. The defendant in

you backed a horse at a quarter to one?" Optional Cargo The officers who have been seen without!

aolios to the contrary he given TO-DAY. HIGHER CRITICISM. this case was an ordinary debtor in con moustaches have proved to the satisfac

All Claims must be presented within ten day Apropos of the Higher Criticisar" track to the trustee, and plaintifs came tion of their commanding officers that no trouble, the Westminster Guzele recalls of the stoner's arrival here, after which date to Court and asked his Lordship to give hair has made its appearance on

an excellent Scottish story. A minister they cannot be recognized,

No Claims will be admitted after the Goods equitable relief and allow them to claim upper lip.

Technically if an officer cannot cultivate had referred in his sermon to the inability have left the Godowns, and all Goods remaining in the place of the truster-the promoter a moustache he is breaking the King's of the leper to change his spots, and andelivered after the 10th Aug. will be subject regulations. It is the duty of the com- after the service a critical member of the

All besken, chafed, and damaged Goode t Mr. Goldring said, if his friend's con.manding officer to go into the matter at congregation told the preacher that he

He must satisfy himself that the had made a wee mistake. It was not these left in the Godowns, where they will be tention were correct, it seemed to him to officer has not secretly shaved. Having leper, the sick man," he said, but the examined on the 4th Aug, at 9.30 ..

No Fire Insurnace will be effected by us is open the door for a number of small proved conclusively that a moustache is leopard, the spotted beast, that is men-

HAMBURG-AMERIKA LINIE, claimants to come in and bring individual an impossibility there is nothing to be tioned in Scripture. The minister any case whatever.

done except to hope for the best. It regarded the critic sternly. "Go away,

Hongkong Office, Mon-actions in respect of a very large estate would be unfair to court-martial a man man, with your higher erceticism," he

[943 Hongkong, 4th August, 1913, exereding $1,000, or it might be exceeding because nature bas behaved shabbily, told him, or yell find yourself in hell

Daily Mail

one day!"

Atrens,

July 29th-Benalder, Deucalion, Lutzow, Nubia, Patroclás, Sambia, Senegamiia.

August 1st-Armand Behir, Sado Mara, Scharnhorst,

August 5th--Deucalion, Jason, Alesia, Patroclus, Laomedon Sambia.

ARRIVALS AT HOME. August 5th-Benlarig, Derfflinger, troke, Indrakuala, Magellan,"

-against the defendants.

once,

the

"

sa rent.

have left the Godowns, and all Goods remaining andelivered after the 12th Aug. will be subject to rent.

All broken, chafed, and damaged Goods are to be left in the Godowes, where they will be examined on the 12th Aug., at 2.30 PM,

All Claims must reach us before the 19th Ang., or they will not be recognized.

No Fire Insurance will be effected. Bills of Lading will be countersigned by the Undersigned.

MELCHERS & Co.,

Agorta.

[948 Hongkong, 5th August, 1913.