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SOLDIER DEBTORS AND THE ARMY ACT.

INTERESTING POINT IN THE SUMMARY COURT.

The Army Act, in its application to so dier debtors, was successfully pianded in the Summary Court yesterday, before the Chief Justice, in an netion in which au Indian sand another Indian, a muldier it the regular forors of the Colony, for a sum of $450, money alleged to have been borrowed.

Mr. Gardiner, for plaintiff, qutlined the The money, he said, 'was borrowed AUG at intervals, and defendant gave in.es change for the money draft notes on the Hongkong and Shanghai Bank Plaintiff endeavoured to exchanges these subse- quently but they were refused. plained to defendant who promised to put Howeve, nothing everything in oriler.

was done and the writ was issuer.

He co-

COMPANY REPORT.

THE HONGKONG DAILY PRESS. FRIDAY, SEPTEMBER 3rd, 1915.

OBJECTION TO TAXATION.

A QUESTION OF PRINCIPLE AT SHANGHAL,

PLAGUE PREVENTION.

The Chinese Conerál Chamber of Com Settlement:

The

Dr. Arthur Stanley, Medical Officer of Health at Shanghai, writes as follows in DOUGLAS STEAMSHIP CO., LTD.

the course of his last monthly report on the condition of the public health of the The report of this Company states --, The general managers leg to submit to

its relation with the important ques- the shareholders their report on the mares issued a notice last week callition of plague prevention in Shanghai the thirty-second year's working of the Compon members to attend a general mest following saionary of recent Ameri ar

ing, for the purpose of discussing the opinion may be given. question whether the insistence on the Plague is widely distributed over the pany, enating June 30th, 1915.

After paying a running expenses, part of the Municipal Council in impts face of the warth because it is a ship

bor disease spread by rats. docking charges, premia of insurance,ing the Municipal tax, as from June tet,

metastires necessary to prevent its spread Chamber should be complied with or not. are not such as should seriously interfere remuneration to the consulting commit. 1015, un the new building erected by the tes and auditors' fees, there remains This building, says the 5.-6. Daily Few with commerce, but must definitely remove

merchants balance at eredit of profit and loss is to serve the purpose of

"Discussion Hall as it is called by the rats from intimate contact with man. The Chamber, beside providing accomanday sure protection lies in adequate rat- account of 8143,39104, which, with the

proofing. It is enlculated that each case approval of shareholders, it is proposedtion for the Chamber itself,

la is situated on the site on which human plague costs the community to appropriate as follows:-

The losses caused. To pay a dividend of 0 per cent on the formerly stood the Travelling Yamen, $15,000, while ench plague infected rat

in which high offeins, such as Chinese means a loss of 810,000. Company, absorbing Ministers appointed to foreign countries by quarantine and the diversion of com- It is not suffi- capital of the

cient that he water-front alene be ra $90,000 and to writs off the balanes of used to put up when passing through this mere's are often enormous,

All buildings should be rat- $63,301 07 from the value of the Comport The Chamber's notice states that

and proofed. the Committee, both collectively

Concrete is the ideal rat-proofing individually, has failed to dissuade the proof.

-As long ago as 1903 the pre- pany's properties.

Municipal Council, or rather its Finance materiel. Committee, from levying the tax on the sent head of the United States Public plea that as the yamen had been exemp! Health Service demonstrated that double a public organization, should be granted rats. Ceilings should be taken down the saur privilege. The Council, while admitting the fact that the yamen as well the bottom of the hoglige structure which enjoyed immunity, from Municipal taxa as the Temple of Heaven have hitherto forms, an ideal home for sal tion, does not see its way in sacrifice the annot be une, sutrance to the box shoul her's new premises, which, although extending & inches on the floor and principle of imposing a tax on the Chambe presented by the use of metal Bushings- standing on the san ground as the inches up the side wall. The eradication Travelling Yamen and within of plagues is both difficult and costly, but The Committee puusists of Mr. I_W. C. fformier Bonnar, Hon. Mr. David Landale and the precincty of the Temple of Heaven," its prevention is relatively easy and cheup. Mr. R. U. Shewan, who retire in terms is to be used as a meeting place for Chitt of the Articles of Association, but offers merchants to discuss topics of com themselves for re-lection.

The earnings of the steamers were dis- appointing until after the Chinese New

maevailed.

Mr. Shenton, representing the defend-Year, since when considerable activity has from such a kas, the Chamber, being also ceiling, made ideal harbouring plac's for

nat, then pleaded the Army Act. He sub

CONSULTING COMMITTER.

AUDITORS.

The steamers and other properties of mitted that the proceedings were bad.ch the Company have been maintained in initio, and the dofondant, being amem-goal order: the expenditure for repairs ber of the regular army, of His Majesty' and upkeep bring normal.

The amounts appearing as freights forces, was antitled to the protection of due and accounts receivable have

since been collected. the Army Act. The section of the Act on which he based his extention showed kat before any legal proceeding couth be taken ngaiust a unit of His Majesty's regalar forces certain proceedings had to be taken; before the writ was issued document he nu adidavit hal to be foul swearing to the amount of the debt, aml an extruct of that affidavit had to be endorsed on, the writ afterwards, or the parredings- were. void. Mr. Shenton quoted Halsbury in support and added that according to Section 144 of the Act the sum of money alleged to be due must be proved by the affidavit of the creditor before any process order could be issued rigainst a goidior. Any proceedings in contravention of that

The accounts have been, nadited by Messrs. A. B. Lowe and C. Berard Brown, who retire, but offer themselves for re-election.

DocGLAS LAPRAIK & Cog

General Managers.

STATEMENT OF PROFIT AND LOSS ACCOUNT FOR THE YEAR ENDING 30TH JUNE, 1915. To dividend paid for

To

the year 1911 .....$ 60.000.00

off for depreciation

amount written

for year 1911......

To exchange acrgunt

agreement were void and must be disTo consulting Committee fees... to general To remuneration charged ou complaint being made by the To nuditous fees

managers for office expenses, To balaner.

Comme ding Officer of the dvisor's regi- ment, or the debtor, at the Court, and the costs should be given to the complainant. were Before th present precedings cymmered the solicitor concluded, an an affidavit of the delt should have ten filed, and an extract sheukt bays been endured on the writ.

the Chief Instieng Mr. Replying t Shenton and the Act was applicable-nt

[: all times; both in peace and war. certain cows, abo, the Army Act was extended to civilitas. He believed, as L matter of fact and internet, than the Act had be a extended and new applied to civilians in this Colony at the present Lime.

30.884.25

90.684.25 15,112.83

2,000,00

G00.00

10,000,00 143.391.04 $261,788.12

90,084.25 19,280.22

By balance of profit and loss

account June, 1914

$

By interest, on current account, mortgages and fixed deposits. By profit on running the Com- pany's bushel steuri Jamich during the year

merce or as a plaer avowedly for busines The Council has, however. purposes, consented to reduce the amount of rental. originally assessed at Tis. 1.000 per montly month, after taking all the circumstances basis for taxation, to Tls. 600 pr into consideration. The Committee the Chamber doenis it a question of the greatest importance involving a nuchter of praciple. Therefor the Committee feels it incumbent upon it to convene a general necting of members to discuss and sol this very difficult problem, especially as it has failed to come to an agreement with the Council after two months' negotia. Lions.

SHANGHAI ROWING CLUB.

INTIMATIONS

LANE,

CRAWFORD & Co.

ESTABLISHED 1850.

JUST ARRIVED

COLD

IN

STORAGE:

wherever possible, thus doing away with FINEST SCOTCH

If this

PRIESTS OF THE TEUTON KULTUR. The Deutsche Tageseituoy is still deep- the tenacity of ulica ly concerned at phrases in ephemeral Gennan "literature, as well as in the speech of the people:--

The idea of expelling all foreigner-wor

UNIT well-intentioned ship from our midst is in its healthy and sound, only patriots occupy themselves too much with the peel of the poison fruit and too little with the kernel.

ม่

To pluck out formign words from our writing is praiseworthy, but it is far more important that the immer spirit, not only, of hook and papers, but also authors, by thuroughty Garmanised.

Still far too many utlandish expres ANNUAL SWIMMING GALA.

sions are being used daily by authors and It is still the custom, for journalists. The tenth amanal swimming gala example, speak of the English soldier as Connection with the Shanghai Rowing Tomny." This is really a prt main Club was held last werk, the events being

it occurs in one of the most popular Eng witnessed by a very large erowd.

lish songs, which runs: Oh, you Tomay The bath had been very, preaily decorated,

large number of Japan Atkins, you are the country's pride.”

He who is made aware of that will Fanterns lighted with electric lights bring most effective. There were exactly tw-doubtless rather talk of hirelings than of events, and all provided some excellent Tommize, sport, and went than retý, eloss finishes. In the Club Championship ruer, 100 yards, E. J. Brown was against J. H. Allan and won by about two feel the time bring 68.1/5 sec. The long plunge Shanghai Championship, drew dut three competitors, J. H. MacGregor covered $1.000.000.00 595, din at his first attempt, this being

131,823,65 $261.788.12 BALANCE SÜLET, ON 30TH JUNE, 1915.

Liabiliti

Capital accouni :--

20,000 shares at $50 Reserve and depreciation fundi

per last accomur Mr. Gardner subajtest that the pro- wedure his friem. had quoted could easily Underwriting account of the Cu. he over by his lordship under Unpaid dividends: Summary Jurisdiction Ordinance; that was, he contended, un chay remedy. What his friend hnd quoted was simply, this: that the Court could say that there was

Aje. June, 1911.8 Ale June, 1912... Aje fute, 1913 Ale, June, 1911

Statenunt

127.50

4.30

2.50

3.P

need for such a writ when the elaia was dry accounts Payable £30 or more. It was clear on the doen-Profit and Los Account as per

rats in this case that the claim 'was over Ceo. Mr. Gendiner said he relted in sub- section 19 of the Summary Jurisdictie Orlitaneo of 1873; which allowed proceed inga to be set aside in certain, "eircum-

The Chief Justice pointed out that this only applied to procedure which gre the Court power to rectify any mistake which might have been made in document ⚫ did not come to the gist of Mr. Shton's

point.

Mr. Gardiner If what Mr. S'enton says is so, then, we being all Youateer here. if we

The Chief Justice-Do not go imo that

now.

Mr. Gardiner-This practice has never been adopted here before.

The Chief Justio:- I do not suppose the point has ever been taken before,

Mr. Gardiner. then remarked that the whole of the section quoted by Mr. Shu- tou dealt merely with the £30 limit.

The Chief Justion replied that it also laid down the jurisdiction of the Court in regard to a member of the regular forces and asked, "what is your remedy ?"

Mr. Gardiner said he would ask for liberty to bring a fresh action if his lori- ship gave judgment against him.

R

Then there are ther' prt names "full si tenderness find, love, such as John But!" and Unele San," which are still daily being employs in our newspapers, peated y we read is ur populne noves, of British fair play," of "Frerch thời vales." aware that the one term is but a shield for bratal egoisin, and this ather the wining distance, R. W. MacCaby covers a multitude of sins, the chief of all 120,000.00 and W. P. Hamlin tied for second place hoing an infinite vanity, a eneoit that 141.183.36 with soft, and on the dive off MeCabrothes to the clonds.

One of the best por- gub the decision. formances of the evening was that of E. Brodie, in the 100 yards linniieap for box members. He gave K. Mansfield and J. Brown ten seconds, but had caught them 137.50 4 the second turn and won fairly com 985108futably in the splendid time, for a bey

This is only of 15, of 69.3/5 0.

more than the Club Chanipionship earlier in the evening.

143.391.01

$1.437.562.98

Assets.

Steamers:***

Haitan, Uutyany: Haiching, and Bai-

as per last account .........8955.618.10 Les amount written

off as resolved, at last General Meet -imp-

Additions sineo made

Value

of Whari. Buoys and Moor- ings at Hongkong and Const Ports and Furnituro oh Hongkong as par last account Less amount written off as resolved at last General Meet- ing

Additions since made

27,000.00

8998,518.10 6.469,80

$29.852.49

3,684.25

-$ 984,987.90

a

The 20 yards Shanghai Championship was' contested by three competitons, J. R. Allan (Shanghai Rowing Club). J. A. Jas Rendios (International Swimming Club), and F. Remedios (International Swimming Chub). T. Romedies gave up before the race finished, and Allan, who had the event well in hand almost from the beginning, won by about twelve yards. The time was 3 min. 10.3/5 sec.

SHANGHAT RACE-CLÜB.

THE FORTHCOMING RACES.

was; very

Ao extraordinary general meeting of the Shanghai Race Club was held at the Grand Stand last week, for the purpose of considering the advisability or other wise of holding the autumn race et

faily The meeting. 1.ሃገር. attended.

The following resolution was proposed by Mr. Martin Little, and seconded by That the autumn Mr. P. W. Masser: recs meeting be curtailed to a Friday and Saturday race meeting only, without cash $ 23,168,18

Upon being put sweeps and lotteries." 1,634.50

$ 27,802.49. to the meeting, the resolution was lost by a very large majority, five members 2.000.00 voting for it. 174,000.00 The races will accordingly held as on November 8th, 9th, and advertised, 90,000.00 10th. 70,045.28

1,866.42 FRENCH 76,229.82 1,850.00 1,681.50

Sicara Launch at Foochow;

Share

Mr. Shenton held that that would he a question to be decided afterwards,

The Chief Justice thru reminded Mr. Gardiner that the question was one of law and not of fact; and the section relied upon by Mr. Shenton said that such prHongkong and Shanghai Bank ceedings, où the question of law, should be void ab initio.

Loans on Mortgage Hongkong and Shanghai Bank

Fixed Deposits ........

Current Account Cash in hand

on 30th June. Freights dne

1915 Fonnago Dues Unexpired Cool in Bunkers

Borer SHEWAN,

LADY'S REMARK- ABLE

WILL.

The Matin states that lady has died at Marecilles in whose will the following 81,137.562.08 remarkable clause was found:-

"If I die before the end of hostilities f Members of ask that my badly may be laid provisiouel- Consulting

ly in the cellar, and that it shall eventually be interred in the field where the final de cisive victory is gained. I also leave the whole of my fomune to the town which shall bear the name of this victory"

|

Germany must be tru to herself.. nurny must begone, as she was founded, a nation of priests of the Teuton Kultur, to, whom all outlandish Forans are an ab miuntion; a nation that shall stond puro. and wild on a pedestal immeasurably, more lefty than the highest peak of Prensa or English drawing-room maan; rs,

DESTINY OF THE DUTCH,

The official Forbleutsche Allgemeine Zeitung has beer betraying great uneasi- ness with regard to the attitude of Hol- land, and seeks to assure the Dutch that Germany's intentions towards her have always been strictly kocourable," where as England!

"The fact that England views the exclusiva control of the entire coast from Calais to the mouth of the Scheldt as the main objective of her warfare is incontro vertible.

"We would ask, however, can there i

to share the fate that England has metil temptation for Holland, and Belgium to euicebled France?

SALMON.

SCOTCH HADDOCKS.

KIPPERED

HERRINGS.

YARMOUTH BLOATERS.

WILTSHIRE

BACON.

YORK

HAMS.

TELEPHONE NOS. 1741, 1742.

LANE, CRAWFORD & CO.

SAKURA

BEER.

THE BREWERY'S OWN BOTTLING.

MARK

Sukura

BEER.

TEIKOKU BREWERY CO.LTD. MOJI JAPAN.

Hongkong, 12th August, 1915.

SOLE AGENTS:

[22

SUZUKI & CO.. ALEXANDRA BUILDING,

TEL. No. 468.

[835

Surely THE TAIKOO DOCKYARD

countries must see that the ordination of their barbars and river mouths in accord- ance with British wishes is tantamount to the declaration of an English protectorat^. "Any way, Holland must recognise hat, despite Mr. Churchill's clumsy in sinuations, Germany has most conscien- tiously respected her wentrality, and in so doing she her repaid like with like, be cave, nalike Belgiunt, Holland elcsod hor cars to the English tempter who came to seduce her.

An absolutely independent sutral Holland offers the German Empire a vali able Bank protection, On the other hand, the unnatural' conditions at the mouth of the Scheldt constitute vez serious flaw in the beautiful British pic- ture, while the fortification of Flushing by the Dutch represents a nasty eyesore,

What a pity that the sympathetic and amiable Mr. Churchill omitted to express himself on this poist!"

CHEMICAL RESEARCH IN JAPAN,

0

AND ENGINEERING CO. OF HONGKONG, LTD. TAIKOO DOCKYARD. HONGKONG. SHIPBUILDERS. SALVORS AND REPAIRERS, BOILERMAKERS, BRASS AND IRON FOUNDERS, CONSTRUCTIONAL. ELECTRICAL AND MECHANICAL ENGINEERS. WELDING AND CUTTING OF METALS BY OXY-ACETYLENE AND ELECTRIC SYSTEMS.

Estimates given for quick construction and repair of Ships, Engines, Boilers, Railway Rolling Stock, Bridges, and all Classes of Engineering Iron and Wood Work.

GRAVING DOCK-787' by 85' by B4' 6" Pumps Empty Dock in 2-3/4 hours.

THREE PATENT SLIPWAYS taking vessels up to 3,000 tons displacement, providing

conditions for painting ships with most affoleni resalte 100-Ton ELECTRIC CRANE ON QUAY-ELECTRIC OVERHEAD CRANES

throughout the Shops ranging to 100 Tons.

50-Ton Hydraulic TESTING MACHINE for Chains, Wire Ropes, Rivets, etc.

FOR→→

THORNYCROFT & CO., LTD.

JOHN I.

In giving judgment for the defendant with posts, the Chief Justice said that the action was admittedly against a soldier in the regular forces serving in that Colony for the sum of $450, which exceed- ed the amount by, which sivil proceedings were linhle ngairst a soldier in the regular army. Under Section 144, section 4, of the Act it was laid down that before any

J. W: C. BONNAN, Committee.

Since the outbreak of the war, the civil court proceedings could be commenced

DOCOLAS LAPRAIE & Co., the cause of the action should be verified

General Managers.

engaged in assiduous manufacture of by affidavit of the plaintiff, and a

We report having examined the above

Tokyo Hygienic Laboratory has been AGE numeroas, medicines and chemicals for memorandum must be endorsed on the writ

which supply Japan depended upon Ger- Its of summons. The sub-section also laid it balance sheet with the books, vouchers

many and some other countries.. down that all proceedings in contraventim and securities of the Company and certify that in our opinion such balance ghert

At the front they are telling, with auch efforts have, however, been cone atrated. of the section were void. He used the

is properly drawn up so as to exhibit a

On the other hand, Word "void" because it was absolute. It true and correct view of the state of the relish, an anecdote which originated from upon research work rather than the was not "voidable" or "irregular," and

Company's affairs at 30th June, 1915, Sir Douglas Haig. Sir Douglas is fond manufacture itself. it did not give the Court any power to according to the best of our information of walking round the camps, talking with morphine, which has been tentatively

He could rectify any other proceedings.

Recently, during kilogrammes and will be scon, it is under- see nothing in Section 19 of the Summary and explanations given us and as shown the men and trying to discover if there manufactured, now amounts to some fifty Dockyard Manager, ban be

by the books of the Company. We have are any complaints. obtained all the information and explanone of these unofficial tours, he heard the stood, sold by auction. Creosote, which angry voice of an irate non-com. issue constitutes one of the chief items on the tions we have required.

research programme, is now produced at "Look you here, me lad,' from a tent:

hitch. cried the voice."it's a good thing the Laboratory without any for you I'm not sure how to spell insub Atropine is also being manufactured

satisfactorily. ordination or I'd report you!

Jurisdiction Ordinance of 1873 which altered that, and, that being the case, the action must be dismissed with costs..

Mr. Gardiner intimated that he would apply in Chambers for liberty to bring a fresh action.

C. BERNARD BROWN,Auditors. A. R. LOWE,

Chartered Accountants. Hongkong, 27th August. 1915.

PETROL and KEROSENE MARINE MOTORS 7-1/2 to 150 B.H.P,

As supplied to the British Admiralty and War Office, MOTOR VESSELS, LIGHT DRAFT CARRIERS, GUNBOATS, LAUNCHES

HOUSEBOATS and PLEASURE CRAFT OF EVERY DESCRIPTION, MOTOR PUMPING and LIGHTING SETS, MOTOR VEHICLES, Erc.

A.M. and 12 Nooy. seen between the boart of 11

at the Town Office

TELEPHONE No. 912.

BUTTERFIELD & SWIRE. HONGKONG, CHINA, AND JAPAN, AGENTS

Telegraphie Address :--"TA{XOO DOCK”

130