1919-01-11 — Page 3

*

ARRIVAL OF MAILS FROM EUROPE

OVER 1,200 BAGS FOR HONGKONG.

SPORT.

THE BONGKONG DAILI PRESS, SATURDAY, JANUARY 11, 1919.

ASSOCIATION FOOTBALL.

THE LIQUIDATION OF A GERMAN FIRM.

BREACH OF COMPRADORE'S AGREEMENT.

AN INTERESTING CLAIM.

One of the most surprising things of will interest our readers to learn the season has been the fine game put up that record collection of mails arrived by the Staff and Departments in the com in the Colony yesterday. An conso- petition for the Shield. They have man-

In the Supreme Court, on Thursday, quence the Mail Department of the Gen-aged to meet a full team of the Royal eral Post Office had a particularly busy Engineers on two occasions without being before the Chief Justice (Bir Wm. Rees time. Altogether four vessels brought in defeated, which is a very creditable per- Davies, K.C.), the bearing was continued The of the action in which Mr. John Owen no fewer than 1,200 bags of mails, includ-formance for a second division team. ing 1,300 registered letters and gumerous R.E. team is a weak one compared to Hughes, liquidator of the business and The letters and papers were teams of former years, but at the same personal affairs of Albert Wilhelm Arthur parcels. almost all delivered yesterday: the parcels time it is good enough to give any first Becker (a partner of the firm of Messrs. will be delivered by Monday, the addi division team a run for its money. The Sander, Wieler & Co.) and Messrs. Harry tional time being required for writing sappers had most of the game on Satur-Wicking & Co. (the liquidators of the day, and should have scored several times business of the firm of Messrs. Sander, out receipts, c

The Kators Mara and the Nanking in the first half. Pascall on one occasion Wieler & Co.), claimed from Chin Wah, From Europe vin the being particularly unfortunate. As it compradore of the firm, 865,000 for brought letters United States; while the Miduma Mara was, the Staff and Departments almost damages, losses and expenses incurred by and the Agamemnon cine from Europe won, playing up very strongly as soon breach of a compradoro's agreement.

Singapore with a large parcel mail as extra time commenced, and scoring a dispatched from Home on November 20th. go!. They seemed to think that their The following are the dates of arrival task was then accomplished, and slacked

little, with the result

that the of parcel wily dispatched from Hong-off a

Engineers, who are never beaten until kung to the United Kingdom.

the game is finished, maanged to equalise frw minutes before "time." The n second re play takes place on Wednesday next

The mati dispatched by the Trashin Maran June 24th, a Boming reached England on September 9th.

The Tanta Mara left this por un June 27th and arrived at Home cu Bombay ou September 9th,

It is to be hoped that the rather hested argument at present going on in conner-

The froidon left tre on July 28this with Cricket will not have the effect of making the Artillerymen withdraw and etched England on November 1st

From the first division. If they drop out, The Tyndare left on August. Sint wid

only two Service team will be left and, as England the mail was landed

the United Services League Shield can November 13th.

in

DEATH OF MR. A SETH. WELL KNOWN EX-HONGKONG OFFICIAL

ngo as

IHU, when tw

1M75.

2

Mr. Sharp said that the dealers had nothing to do with the bank. The only people who had any relations with the banks were the firm and the liquidators, and the order was that the banks should not part with the goods until paid for,

His Lordship: The banks are paid in

respect of the goods held. Supposing that there was no war, Bauder, Weiler & Co. could have taken delivery of the goods by paying for them?

Mr. Sharp: The requirem ats here are that the banks should be paid in full No goode should be delivered by the banks except for cash.

His Lordehip: Supposing cash deposits You will vet the are paid into the bank. contend that the liability rests on for to the bank. surety, although the goods have been paid

Mr. Sharp: You, the bank has been paid in full, but as between the liquida tora and the dealers these goods have not been paid for.

His Lordships I am not expressing an The Hon. Mr. E. H. 8barp, ...

the position. (B.E., and the Hon. Mr. H. E. Pollock,pinion: I am simply trying to find out Mr. Sharp did not think it right for K.C. (instructed by Mr. H. J. Gedge)

Evidence! admitted. appeared for plaintiffs; and Mr. C. G. him to refer to evidence which had

not yet been Alabaster, O.B.E., and Mr. Eldon Potter was being taken by the Registrar, and Lordship he would find the explanation. (instructed by Mr. C. D. Wilkinson) when that evidence was put before his His Lordship was at liberty to assume appeared for the defendants.

Continuing his argument, on Thursday, that as between the liquidator and the bank. the bank had beca paid, and that, Mr. Sharp said that when the case was

n hetween the bank and the denler. the adjourned the previous afternoon he had dealer had not paid. just concluded the consideration of a

series of casey and other authorities upon the initial point that the German firm of Sander, Weiler & Co. were, from the

His Lordship: Is it to be contended; that the compradore is liable i

Sharp Yes. Continuing. Mr. Sharp stated that as Mr. Alabaster and submitted a hypothetical case drawing conclusions that it would mean this or cal use. Supposing that a Chinese firm

LANE CRAWFORD

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The "OAKMORE" Brand stauds in the Front Rank of Northampton outbreak of war, licensed to remain and that, ho, also, would submit a hypotheti: Productions and Amply Outbears the Fame of the World's Boot Centre.

only be held by a Service team, the con.carry on lawful trading. In support of was heavily indebted at the outbreak of Made on such common-sense lines they fit your feet perfectly at every his contention, he drew attention to the war. His Lordship knew the Government point. They do not draw the feet or make them ache with continuous

tame The tesi would become rather Royal Engineers, too, have the greatest difficulty in keeping going, and it is pos sible that they might be obliged to follow the example of the R.G.A., in which case there ten be only one first division match

The reason for ao much criticism in

row win for the Club is a very probable

case the situation, which might otherwise documents to prevent that, and it would create a deadlock. Supposing that the, preferred that the payments should b

pradore and the surety said they So far as credited to the old contracts.

he could see, the position was a sound ono and would deal with an otherwise difficult position.

His Lordship: It is quite clear in that case that the compradore's position would be quite different from that defined in the agreement.

Mr Sharp: The hypothesis I put to

the request of the comprador, and surety.

It is too late to start a new point, us all the evidence had already been taken.

His Lordship: The compradore scena to be in a very much more serious posi tion at the outbreak of war than before.

Mr. Sharp, continuing. submitted that the best arrangements had been made and that the banks in the letter and the intent would not release the goods except for cash. Mr. Sharp next referred to the case of Rodrigues . Spier, and said that the was cited against them were not licence cases,

We Stock them in Black and Brown'in all sizes.

$13.50 to $18.00 per pair.

LANE, CRAWFORD & CO.

VICTORIA THEATRE.

TO-NIGHT

January 11th and 12th, AMERICAN GAZETTE NO. 19.

THE COUNT OF MONTE CRISTO

The one Film all are going to see.

THE HOUSE OF TERRIBLE SCANDAL.

had given instructions not to pFORS the Attorney-General's statement on the posi. Chinese as that would injure the market walking. tion of German firme from the outbreak and it was evolved in the argument of the other side that it was common to give a position to war, which was exactly correct in fact credit to the Chinese. Suppose that the and in consonance with the laws laid Chinese firm was not in

PRY urrears, though it was highly desir The death, at Home of My Aration

down in cases put before His Lordship.able for the arrears to be paid i toto and The firm was carrying on business under they went to the creditor and said they were not in a position to pay, and the Beth, the news pf which was received ina werk

an implied licence, and it did not depend creditor replied that he would not allow the Colony by cable yesterday, removes

Supposing that the apapon Mr. Boecker's undertaking, which them any credit. cricket circles

*}} hardly another link with the older generation of

was merely a personal undertaking to be in question was $10,000, and the credi

tor said that for any frush eredit Mr Seth com

parent The University are in a very

would have to ILL Hungkong residents.

for full and also NON: unced his career in the Colours so kung similar pusition to the R.G.A., and when of good behaviour, and was the sunic As the man

now gondy in appointed they have a cricket and loutball match that which all other enemy aliens here thing in addition to reduce the outstand

the There was nothing Hindustani interpreter at the Mugistracy.on the same day they postpone their footbud to give. The implied licence depending debt. After resigning from the Service for a ball match whenever possible, and played, not upon the undertaking of Mr. Zew months, be rejoined it, and was soon during the week. The practice is a little Becker, which was a personal matter, as, promoted to Firat Class, in Six inconvenient perhaps, but other foot being a Gorman, he had to enter into an of ballery have not yet suggested that they agreement with the Government. It was years later Mr. Seth becsine Clerk

on Saturdays with not on that they based their ease, but on Councils and Chief Clerk of the Colonial should either play Secretary's Office. That position he bald half & team, or withdraw from the league. the argument which he had clearly defined Another great game should be witnessed in his opening There was the establisk- till 1805, when-after having been called to the Bar by Lineula's Inn in 1893 he to-day between the Club and the Southed Jaw on all those cases from England These teams met last in regard to the position of an enemy became Deputy Registrar and Appraisar China Athletic. of the Supreme Court. Time-brought him week, when, although the Club had most subject who was allowed to remain sudyon was that supposing it was done at further promotion, and in 1887 he held of the game, they were unable to annex carry on his trade. The correspondench the points, partly on account of poor between Messrs. Deacon, Looker, Deaton three posts: Acting Assistant Registrar- General. Adding Land Officer, and Acting shooting, and partly because of the magni.& Huston, on behalf of Messrs. Sander, Begistrar of Companies. 1903 the firent defence put up by the Athletic Weiler, and the Government showed that Government appointed him Registrar. backs. Another goalless draw or

the latter knew that the German army were in the Colony, among them Sander, and when two years later, the King con ferred on him the Imperial Service Order. | result.

Weiler & Co.; and that Sander, Weiler & it was felt that Mr. Seth bad thoroughly

The 1.0.A and Navy match was post Co. had pieer goods of British manufac. earned that decoration by his long and pained last week on account of some of the ture to a considerable value. The goods faithful service. Mr. Seth retired in 1909 sailors being ill. The tears are due to

were ordered from British firms for and went Home in the following year. meet again this week in the Hongkong

His death ocrurred in London on League and the most optimistic of the Chinese. The other side had argued that the liquidations of enemy firms were not December 30th. One of his sone, Mr.

gunner supporters will hardly expect Harold Beth, is on his way Home to see their side to win, especially as on the in the interests of the British. He re The deceased also leaves Mears, last occasion that the leans met the Navy plied that the whole foundation of the liquidation was based in the interests of the British, and fairly in justice to other prople. It was quite clear that the liquidation scheme under the instructions. of the Government was primarily in the interests of British banks, which were profoundly involved, and the trade of the Colony, which was also profoundly in-ary 20sh. volved. To suggest that the whole pro- As the result of the Michaelmas exa- edure of the Court should be changed mination of students of the Inns of because there was an ultimate suplus in Court, held by the Council of Legal Education, Chau, Bin-Kuk. Middle the liquidation was simply grotesque. It Temple, passed the final examination. was quite clear that the correspondence related to the carrying out of all past con- tracts. The defondant suggested,however, that the intention was to make only new contracts and ignore the contracts of the past. Mr. Sharp then read the letter of Messrs. Deacon, Looker, Deacon & Hars ton, passage by passage, concerning the application that was made for a licence He said that by Sunder, Weiler & Co. the express licenco was issued by the Ouvertiment, although it know the can

hin

8. A. Seth and J. H. Seth (sous) and won by five goals to one. Mrs. Douglas Bain and Mrs.

Owen (daughters).

M

CORRESPONDENCE.

THE LEAGUE CRICKET CONTROVERSY.

TO THE EDITOR OF THE "HUNGEONG DAILY PRESS.]

(

Sin, Practically, giving the fie De statement that the R.G.A. withdrawn] from fret division football would ruin

the lengte, Permainan," in yesterday's issue of your paper, states thist the R.G.A.

wine

There are two gaines taking place in the second division that will probably result in

for the South China Athletic Reserves and the Royal Navy Re serves, but St. Joseph's College, at the tup of the junior league table, are safe

for at least another week.

TO DAY'S MATCHES.

DONGKONG LEMFE:

South China Athletic e. Hongkong F.C. Club ground. Kiek-off. 4 p.m. R.1.A. Royal Navy-Navy ground. Kick-off, p.m.

DIVISION LI

University. South Chion Athletic-

are deluding themselves. Comparis Navy grond. Kick-off, 2.30 p.ru.

are odious and the comparison be makes

between the R.O.A. and R. E. is not only

calculated to stir up bad ferling but is

Royal Navy Res. r. 89th Co. R.G.A.-

Kick-, 2.30 p.m.

LUCKET.

ridiculous, for while the R.G.A. have Miltary ground.

four tenus playing football the R.E. have

only que. Incidentally, the last time these

teams met on the football field the R. E.

won by five guais to one. None of the HONGKONG CRICKET CLUB. NAVY.

Tour R.G.A. football teams has any chance

of winning anything, but they ate play-

state of affaire which Permainan

The following will represent the Club

MANCHESTERS ». UNIVERSITY.

His Lordship: Was Sander, Weilet's name among the list?

ing football for the sake of the ganse, a on their ground to-day at 2.10 p.m. atitution of the German Grm. weema quite unable to grasp, accusing the T. E. Prurce (captain), F. J. de Rome, R.G.A. of being out to win both leagues. | D. E. Donnelly. F. W. 8. Evans, P. He contrasts the action of the Manchester Jacks, R. Kennedy, M. M. Maan, Capt. in withdrawing from the longue with that Murray, F. Sutton, it. P. Thursfield and of the R.G.A. who remain in. ignoring. Zeveryn, the fact that this in the very reason that the R.G.A. have not withdrawn, as their' withdrawal would only leave four teame in the league. The R.G.A. first division team in the Hongkong Lengue has won ne match out of three in the U.S.

1.8. Manolaters in the above matel on the Lengue. also, one out of three. In the University ground to-day-end/Lieut. second division, the 8841: Company has Cavenaugh (captain), Capt. Bundle, won three out of seven the 87th Co. two R.Q.M.B. Allen, U.Q.M.8. Smith, Bergte out of eight, and the 83rd Co. one out Bilson, Keonnn and Hall, Cpl. Horrocks, of four matchen. This is pot-hunting | Le. Ellarby. Pton Walker and Strahan, with a vengenu

I suggest to the R.G.A. that they pro- mise, in the event of winning the Cricket They League, to hand the Shield back.

The

represent following will

the

On the day the Armistice won aigned may then be allowed to make an attempt | small group of Chinese students in Lon- to win it without being insulted. ant, dun stood outside the War Office at noon sir, yours, etc.,

and chanted a Chinese song, to the great FOOTBALLEN. delight of the crowd around. One of them explained that it was a Chinese balled expressive of grent joy.""

Victoria Barrneke, Hongkong, 10th January, 1910.

His Lordship: Is this case on a general question of licence?

Mr. Sharp: No, this was one of the casus used against us, and I will show that the oase used against were not alien enemy, unlicensed, cannot bring an licence cases, and I do not doubt that an action in our Court.

After further argument the case was adjourned till January 21st.

The next session of the Full Court of Appeal in Hongkong will commence about Sir Havilland de Saus- January 22nd. mazes is expected in the Colony on Janu-

The douth is announced of Mr. Cheong Kwang-hang, a Brigadier-General of the Chinese Army and second in command of the Chincau Military Mission in France. The deceased officer was a Knight Com mander of the Buth,

Lieut.-General Bir William T. Shone.

K.C.B., C.B., D.8.0., who has beco appointed Colonel Commandant of the Royal Engineers, surved in the China Expedition, 1900, as Chief Engineer, and for his services in that enpucity' was mentioned in despatches and awarded the medal.

The Emperor of Japan, in commano- ration of the visit to the City of London. ef Princo Fushimi, has made the Lord Mr. Sharp: Yes, his name was in the Mayor a Commander of the Order of the Rising Sun and the Sheriffs Officers of schedule. Mr. Alabaster thinks that the sante Order. The Order of the Sacred relied on the express liconso; it is not a Treasure has been bestowed upon Mr. T. we relied upon the general law and upon. Rider, Chief Commoner, and Bir the statement of the Attorney-General James Bell, the Town Clerk The fact that the Government issued an express licence showed that they were Lieut. Colonel H. G. Pringle, Royal aware of the constitution of the firm. Artillery, who has bron gazetted a Glenoro! Winding-up Ordinaan, all monics colxperienen of fighting in China. He took Mr. Sharp added that, amording to the Staff Officer of the Bret grade, han sch lected in the course of liquidation had part in the China. Expedition, 1000, was to be paid into a bank and should be at present at the raliof of Peking, and the Ll disposal of the Government until the actions of Peitsang and Yangstun (medal war torminated after which the Govern with slasp), and in the days preceding ment would decide what to do with the the

the present war be was General Staff Offer to the Forces, in North China, and money.

His Lordship: If the goods wore, de shared in the sloge and capture of the livered in the Colony and put in chargy German stronghold at Tsingtao by th of one of the banks, and then the con Allied navel and military foroen (men- signee took possession of it and paid for tioued several times in despatoires, brevet it, would that not satisfy als compra-utenant-coloneley, Order of the Rising dero's liability!

But, D.3.0.X

Sunday, Matinee, 12th January.

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