1914-01-14 — Page 3

SUPREME COURT.

Tuesday, January 13th.

IN. APPELLATE JURISDICTION.

THE HONGKONG DAILY PRESS, WEDNESDAY, JANUARY 14TH, 1914

THE MAGISTRACY,

he had always realised the difficulty in

RECKLESS MOTOR "DRIVING, which judges must find themselves in---

Mr. Hazeland fined an Indian chauffeur plunging into absolutely unknown se 825, or a month in default, for driving

Counsels arguing at a reckless speed at Causeway Bay, when the learned before them knew all about the facts. He realised how difficult it was for their Lordships to realise whit all those points and their causes mean, It would be deplorable for a decision or an expression

POLICE CLERK JUMPS BATE,

THE VOLUNTEERS IN CAMP.

On Saturday morning, the men of the Howitzer section marched to Devil's Peak, for the purpose of making a general sur vey of the country round the camp, and for picking out likely positions: Over 14 ailes were covered by the men.

off-hand manner, that, supposing the wanted to make the point clear because Government of Kwangtang had no pro porty, which he thought, was exceedingly questionable under jurisprudence, and supposing the Central Government did asist them in any way, they would also have to sue-or unless some special provisions had been made. That was a case. which might sound extraordinary The bearing was resumed in the action but when they came to consider that all of opinion to come from that Court, which broker during the course of his official engaged in un attack on the village of berweer Lang: Choi Kwong, Governor, public property, of whatever nature it was contrary to history, and which their duties, has now absconded. The case was Goiteral of the Province of Kwang- might be, was really vested in the Lordships would deeply regret. That was called at the Magistracy yesterday, and

BEFORE THE CHIEF JUSTICE, SIR WM, BEES DAVIES, K.C AND Mn. H H. J. GOSPERTZ (PUISNE JUDGE),

THE CLAIM AT THE CANTON, GOVERNMENT..

bung and Woo Ming-p Com- missioner of Finance for the Province of Kwangtung and the Republic of China, against Chung San Num, and the Rasso Asiatic Bank, in which the claim is for the return of $150,000, property of the Government of the Province of Kwangtung, which sim was had and received by Chang Sau Nam for the purpose of being remitted forthwith to Manking, but which defendant has not remitted, but has mis-appropriated to his own use, the said sum, or portion thereof, now being deposited in the defendant Bank. In the alternative the plaintiffs

Government, there really could be very little doubt that it was proper and real They could not, he said, introduce new

why he had tried to get the two cases taken together, so that they would have the fullest light on the facts. He agreed that

rules of the procedure to suit arrange that was an exceedingly complicated ones, ments which were made in the constitu1t was inevitable that it should be very tion of States. They knew only their difficult, because all enses which arose as own rules of procedure, and if foreign the aftermath of war or rebellion wens Governments or foreign bodies wanted to`

He would be acting always difficult. avail themselves of the privilege of suing in the English Courts, they had to conform to the laws of procedure. And thus, English Courts knew nothing except natural persons, legal persons, and recognised Governments,

Sir Francis Piggott the went on to deal with, the second points of his case,

wrongly if he did not point out the danger which lay ahead. The documents and facts which were laid before their Lordships led tu one conclusion only, and he hoped, as the result of what he would say, that he would lead their Lordships to

a correct decision.

The chief licensing clerk at the Central Police Station, Lo Hing Ning, who was allowed out on bail of $1,000 on a charge of accepting a bribe of $30 from a nawn

brother of the defendant stated that the man had gone. The bail was accordingly estreated, and a warrant issued for his arrest

ALLEGED INFRINGEMENT OF TRADE MARK,

at the

On Saturday afternoon, under- ideal climatic conditions, all sections, with the single exception of the Civil Service,

Tai Po Chau, which was assumed to be hostile. Mujor D. Macdonald held command, and the number on parade reached a total not für under thron figures. The Commanding Officer was a

The village, which was over two miles

distant from the camp, was approached in skirmishing order over country which was extremely rough for the most part,

spectator, and the Staff Officer (Captain Skrimshire) superintended the proceed- Messrs. W. E. Loxley & Co. proscentedings from points of vantage,

Magistracy yesterday. the ong Yat. On firm, of No. 4. Kwong Yuen Street East the Wing Shiu Wo firm, of No, 3, Kwong Yuen Street East, and the Kwang Tung Tai firm, 198, Wellington Street, for an infringement of their trade mark on cotton singlets, The various shops were visited by Bergt, Wills, who seized 38 boxes containing the the prosecution. The case was formally

ARMS CASE

ARMS CASES.

INTIMATIONS

RACES

GOODS.

OUR CONFIDENCE JUSTIFIED.

the rocky unsure of the ground and theWe undertake to refund the Cost of any thick scrub and undergrowth rendering Articls if any of our Customers are not satisfied,

hazardous All Companies formed up as we know how excellent our Goods are. the task of traversing it difficult and under cover, the Scouts then going for-

line, supports, and reserves in consecu tive order. The attacking party advanced gradually, and eventual ask is your inspection. "captured" the village.

the slightest doubt about our Goods. All wo

clain from the defendant $150,000, as that even assuming-which was denied documents in fall, subsequently comment singlets providing the subject matter of ward in advance, followed by the firing Such an offer could not be made if there was liquidated damages. The motion was that the action be dismissed as frivolous, vexatious, and an abuse of the process of the Court.

Sir Francis Piggott and Mr. G. C. Alabaster (instructed by Mr. W. B. Hind, of Mr. G. K. Hall Brutton's office), represented Chung Son Nam; and Mr. E. H. Sharp, K.U., Mr. Eldon Potter, and Mr. F. C, Jenkin (instruo by Mr. Hastings), were for the Chinese officials, In regard to the point raised at the conclusion of yesterday's proceedings with regard to affidavits and examination,

UTKASS-

that this money had ever been Provincial Government property, it had not, since the Cancellation of the Declaration of dependence reverted the Provincial Government, but to the Central Govern ment. And even if it is in the Central Government, which was denied that not maintained. That motion was brought them to the consideration of the statement of claim, as it was endorsed, and he asked their Lordships to notice the sweet simplicity of the statement.

remanded.

Sir Francis then proceeded to read the ing upon them with emphasis. The ques- tion which arose was whether or not certain legal consequences did not attach

For being in unlawful possession of 250 to that declaration and whether what was done would, in law, bring it within the category of the de facto Government. Ao rounds of ammunition in Des Voeux Road, important point was. that ut every West, a man was fined $250 or three moment of a rebellion there existed months imprisonment by Mr. A. germ of future independence, which Hazeland yesterday. might blossom into a recognised indepen- dence, and he contended that this was At No. 240, Queen's Road Central infinitely more so when there had been Sergt. Murphy seized two revolvers, four an actual declaration of independence, ritle stocks, and nearly 3,000 rounds of The fact that the independence lasted ammunition. only a short time was immaterial, so long and at the Magistracy yesterday she was A woman was arrested, On the endorsement, he proceeded, there as the independence was exercised effeefined the maximum penalty, $250, on was complete oblivion on everything Ittively. Sir Francis said he would like three months' imprisonment. would apparently appear from that that to emphas so the fact that something

A number of Chinese revenue officers

Muru, found on board three Winchester rifles, five revolvers, and 5,000 The man in rounds of ammunition. charge of the sampan was arrested, and

13

Tai Po Chau is a quaint old village, completely hidden away at the foot of H. grent, rugged hills. The intrusion, of course, caused a great deal of excitement, among the inhabitants of this sequestered hamlet, who assembled en masse on the village "green." On the return, a point originally commenced was made the near the spot from which the attack

ubjective of the Volunteers' attack. In this case, the reserves were imaginary,

RUTTONJEE

& SON,

·WINE AND PROVISION MERCHANTS,

[31

The Chief Justice said that his learned the province of Kwangtung was pursuing spring from something, and that some stopped a sampon as it was leaving the and when the firing line bad progressed MAPPIN&WEBB,

brother and himself had considered authorities referred to in the Imperial Jurisdiction of the Courts, and they had

failed to discover any authorities where,

the cross-examination on questions of fact which were properly decided at the trial, They were of opinion that defendant must base his argument on the affidavits before the Court, and that such further afidavit as he desired to file should be in ceply to the affidavit sent in by the other side.

The Puisne Judge added that they had considered another point, and were of the opinion that they had no power to order evidence, taken in criminal proceedings,

to be read at that Court.

Sir Francia Piggott-Then, I under- stand you decline to make any order with regard to the notes of the Magistrate, but. you say that an affidavit can be filed in answer. That does not preclude your Lordships bringing in the Police Court athidavit, or do you hold that that is not ovidence?

The Puisno Judge-That is so. The Chief Justice-It is quite clear from the judgments of three Lord Justices on the point.

tu Answer

SOUND ADVICE.

Before Mr. F. A Hazeland at the

its ordinarily peaceful carcer. It only thing was tainted with independence appeared that certain money had been They should remember, also, that a

& certain facts Government was a Government given to the defendant for object, and the defendant had missppro- which was in possession, although the was fined $250 at the Magistracy.

possession might be wrongful.

Subsequently Counsel contended that the action was wrongly conceived, even if it was brought by the Central Govern Sir Francis had not concluded his address when the Court adjourned..

REBEL PLOTS IN KWANGTUNG

Was

menti

As far as possible, the supports came up, and all charged, g

Afterwards the Staff Officer addressed the men concerning the afternoon's attack. In the course of a kindly criti-

to a rather, grave fault made by the

Magistracy yesterday morning a Chinese cis, Captain Skrimshire called attention clothes hawker was summoned by Mrs. Margaret Beghy, living in the Wanchai Scouts, in omitting to take proper, cover district, for assault. It appeared that when within range of the "hostile " the complainant owed the hawker

of 310.00 and had promised be the sum village, a fault which, he said, was com

The lines were mon to all sections. before the Chinese New Year. On the 10th inst, the defendant came to the com.ragged and phoven, hero bunched and plainant's house, and demanded his there scattered, while the noise made by money. Mrs. Begby went upstairs, tell the attackers would have given the alarm ing the hawker to wait, but he followed

to an enemy five miles away. From his her as far as her bed-room door, and prevented the door being closed. positions on the heights he could plainly hear the shouting and the rustling as the that although she had the money by her, she would not pay him because of his

men went through the scrub. However, behaviour. The assault complained of the attack was quite fair, considering the consisted of a push.

inture of the country, and if the faults he had mentioned were remedied they would put up a much better show.

His Worship-If you only paid your creditors there would be no trouble of this sort.

On Sunday morning, the Howitzer and The Magistrate ordered the discharge of the defendant and told the comthe 10-Pounder sections of the Artillery plainant that she had better pay the man bis money.

EMUGGLING OPIUM.

Before Mr. Hazeland, a Chinese detee- tive, who was on special duty at the steamer wharves to detect smuggling of was charged with being in

LIMITED.

NEW CONSIGNMENTS

STERLING SILVER WARE.

PRINCES PLATE

(GUARANTEED FOR 80 YEARS)

CUTLERY.

From the

SOLE AGENTS :

Company were ordered off for battery. practice, the Engineer Corps, which is in strong force just now laying the tele phone wires for the Artillerymen. The Civil Service Company and the Scouts went through their Maxim-gun practice. CHS. J. GAUPP

prepared opium. Mr. C F Mason defended. Sergt. Adlington noticed the hours route march, man on duty and, acting on a sudden. A march-out, of an entirely instruc auspicion, questioned the man concerning tional character, was held in the after- a parcel he was carrying. Investigation nooth the Volunteers proceeding to a spot revealed that the parcel contained opium. The defendant alleged that the parcel about four and a half miles distant. was given to him by a friend, who asked They then retired as if before a stronger, him to hold it for him for a minute white he went into e certain place. He attacking forcė. declared that he had no knowledge of its contents. The friend mentioned be the lakong was called as a witness, and he denied that he gave the parcel to the Hie Worship said he was defendant. satisfied that the defendant knew what the parcel contained, and imposed à fine of 81.000, or six months hard labour in default.

& CO.,

ALEXANDRA

BUILDINGS,

CHÁTER ROAD

in a motion of chat kind, they could allow printed it. The object, as they learned from the affidavit which was filed by for paying military plaintiff, expenses." Only that, nothing more. There was not a word or suggestion of what would happen. They might almost imagine that the Canton troops had been it camp, at exercises, at Nanking; some-

The following is a translation made by thing like the Hongkong Volunteers at the NC. Daily News of a Mandate the present moment. They would never issued by the President on the 5th inst.

With reference to a report from Lung dream that there were any warlike opera-Tsi-kuang, Tutuh of Kwangtung, stating Lions at Nanking, and as to a rebellion, that Commander Chen Chun-yi hus disitimately the complainant told the man that was the last thing which would covered an office of the rebel party at

which at

document suggest itself to them. They might Yang-ch'u,

authorizing the establishment of a branch imagine, possibly, that the Republic was office of the Tienmintang (or Party of in danger, and that Ioyal Kwangtung Heaven's Will) at Canton, an iron seal, was sending out all its troops to assist flags, books and papers were seized as a the Republic. And when they came to result of a search, and Lu Chin-po, the rebel Commander-in-Chief and also rebel Nanking they could not but wonder what Chief of General Staff, who admitted operations had been going on; it was not having become a member of the Tungitang likely there could have been an invasion by assuming the name of La Cheng-han, for the purpose of using the prestige of of the country there. Perhaps it night that Tang to form the Tienmintang, was suggest itself that the White Wolf" or his arrested Also, the troops and the adherents had been making trouble there volunteers havis killed many rebels in the and that loyal Kwangtung had sent out neighbourhood of Pehchi, and discovered opium,

a inass of correspondence, including unlawful possession of 50 thels of Part of the latter also went for a five- its troops to assist the Republic, and that letter from the beadquarters of the rebel the money in dispute was the pay of the party to the effect that the Southern Army That, contended Sir Francis were impatiently desirous of starting the troops. Piggott, was the general impression of the revolution, that Sun Wên and Bung Hsing would arrive in Kwangtung in a case which the Court would get when the month or so, when they would require the pleadings were read, and he ventured to heroes from all parts to arrange with the think that he had not overdrawn the troops to make a joint attack upon impression conveyed upon the Court on the Canton, and so on. Again, he reports the disaffection of the Linehan troops by first reading of the statement of claim. the influence of the rebels, that they were He thought it was, as he had said, simply only routed and put to fight by several the story told of a man who had money forces attacking them on all sides, and confided to him for a certain object, and that the tufe (local bandits) of Huahsien have been in league with the rebel party, he had not properly applied it. But he even the date for a rising having been would blur that subject entirely by agreed upon between them. Troops have introducing one fact, the fact of the been sent to punish them, and fighting the independence of has been going on for several days, during declaration of

which number of bandits were killed and Kwangtung, and thus the only question quantities of arms and weapons seized, CURIOUS FAMILY CONNECTIONS. be was going to argue before the Court but Sub-Commander Li Yiu-kung was was the construction of that document, killed by a shot owing to his dashing An interesting story is told by the Chronicle of the discovery among seven and the light thrown upon it by the other bravery in attacking the rebels, eme of a teenth century registers in the City of the arduous.

The rebel party, using the name documents which had been put before the party, to obtain the support of the tufei, marriage of a Chamberlain to Court. And the argument he was going and intent upon the destruction and Endicott; the Chamberlain being an blockhouse several miles distant from to address to their Lordships was that disturbance of peace and order, really ancestor of the famous statesman, and the the camp, the Staff Officer again superin, The said Endicott an ancestress of his wife. But tending the operations from the heights. deserves oun bitter hatred. That of course on these documents an issue arose in law, Commander and others are very highly

there are odder coincidences in the history had now been altered by provisions in the and

issue in fact; that the appreciated for having made such dis of matrimony than that. One is the fact at the conclusion, Captain Skrimshire

EXPERTS AND MEDICAL attack much better than the others, and rules enabling the club to sue by their declaration of independence was a real coveries so speedily and punished the that Napoleon and Wellington wert said the Volunteers had carried out the This is how the strange relationship the improvement was most noticeable. Secretary. He thought the same rale declaration, involving certain legal con- rebels so effectively. Let the said Tutub ascertain the names of officials and officers

came about. As is well known,Napoleon's there could be. no doubl-applied to

**Before doing this, continued Sir and submit a request before us for their America Elizabeth Patterson, who thus fall heavily, and to injure his hand rathe.

who have taken part in these engagements youngest brother, Jerome, married in Captain Lammert had the misfortune to AUTHORITIES AGREE IN STATING villages which owned property, who were

Francis, it is advisable that I should rewards. Li Yiu-kung, having lost his became the sister-in-law of the Corsican. badly.

THAT IRISH WHISKIES ARE not "natural" or "legal" persons.

Her own sister-in-law married the brother. By way of illustration Sir Francis impress upon the Court the extreme life in fighting the thieves, deserves our

to the Ministry of War for the considera- the repudiated wife of Jerome lived to Piggott referred their Lordships to the importance of the issue which is raised deepest compassion, and is hereby referred and successor of the Iron Duke: and so see the two sides at Waterloo united in Criminal Procedure Ordinanes No. 9, by this argument, and I must refer once tion of the liberal compensation and

her own house.. It. is one of the supreme 1894, section 87, and went on to state that more, without any vexatious spirit-posthumous honours that should be

ironies of history-(Observer) because I accept your Lordshipa' decision bestowed upon him.” such principles applied to foreign owners of property. They must be natural to the extreme difficulty of the position It persons, or they must be legal persons in which the Court finds itself."

paramount importance that incorporated. Foreigners, if they claimed a right of suit in the English Courts, the Court should not be led astray must conform to the English rules, but as to pronounce an opinion which they could not have any greater effect, was contrary to history.

Sir Francia then said he would like some categorical questions which had been put to him on the point Supposing the Province of Kwangtung had property, how could they sue He would explain the only way in which they could sue. The rule was, he thought, indisputable, that the right of suit is a question of procedure and governed absolutely by only three ways in which, according to English procedure, people could sue. There were persons in the ordinary sense of the termi, legal persons who have been incorporated, and every body else, if they alleged an aggregate property, must sue. In other words, there were (1) ordinary persons; (2) legal persons, such as corporations; and (3) everybody else. If several people owned property they must ali sue. Their Lord ships would remember that there were certain cases in connection with clubs in which it was held that all the members of the club had to suc.

not an

sequences.

was

الله

Fle

Was

or greater right of suit, than persons in not going to attempt to prove at that natural period what the history was. Their Lord- the country, and therefore, persons might sue, and legal persons ships were in this position, they would WOS to sey, hear arguments and points then, and now might also sucs that incorporated companies under a foreign he was bound to say that they must bo law. The cases which he cited yesterday argued again, though not at the same showed that another rule had been intro Length, on the habeas corpus. Therefore,

to duced in reference Governments he said it would be deplorable that, from recognised by His Majesty's Government. want of evidence, their Lordships should There was nothing in between, and there express an opinion on those documents, and then, having heard now evidence, fore he said yesterday, speaking in an

should express a contrary opinion. Ile

SETASCHTERE

Asthma Kehiko

1247)

related by marriage,

PERTUSSIN.

Is a harmless and efficient remedy against all diseases of the respiratory organs, especially WHOOPING COUGH, CATARRH OF LARYNX, ACUTE AND CHRONIC BRONCHIAL CATARRH, ASTHMA, &c., which bas been recognised unequalled by the highest authorities, Also the AFFECTIONS OF THE LUNGS will be greatly relieved by the use of it.

TO BE HAD AT-

THE MEDICAL HALL.

HONGKONG.

The weather has so far been absolutely perfect, and the men are all in the best of spirits.

In conformity with their custom, the European YM.C.A. erected a tent in the encampment, and tho Volunteers much appreciate tho generous supply of literature provided.

The "drill" on Monday afternoon was of a similar nature to that of the preced- ing afternoons, but was somewhat more It consisted of an attack on

THE HONGKONG VOLUNTEER RESERVES.

CALDBECK,

MACGREGOR&Co.

(ESTABLISHED 1804).

ALMOST INVARIABLY BETTER

Orders have been issued by the Presi MATURED AND BETTER FOR THE dent (Mr. L, G. Bird) for & Field Day

A SHIPMENT OF

JOHN.

JAMESON'S

to be held on Sunday next, in conjunc- HEALTH THAN SCOTCH. tion with the Volunteers, now in Camp: The Reserves will parade at the Volunteer Headquarters at 3.30 am., in khaki uniform with rifles and webbing equip- ment.

Tiffin will be provided at the Volunteers' Camp,

Any members of the H.K.Y. Scouts Company who will not be in Camp on Saturday night, but who wish to attend the Field Day, can make use of the Reserves launch leaving Blake Pier ut 9 a.m. sharp

Mr. E. C. Pearee, Chairman of the Shanghai Municipal Council, has been awarded the first-class military medal by the Chinese Government.

THREE STAR BRAND

A

HAS JUST BEEN. RECEIVED.

Samples free on application.