1927-09-05 — Page 4

"Viyella"

FINE TWILL FLANNEL

The Ideal Flannel for all sports wear.

It is absorbent, does not strike chilly, washes. "and wears "well and does not shrink.

Stocked in c eam in two weights, also Grey and the new "Sand, shade.

COATS, SHORTS, TROUSERS MADE TO MEASURE.

THE HONG KONG DAILY PRESS, MONDAY, SEPTEMBER 5th, 1927.

Mackintosh

MEN'S WEAR SPECIALISTS C

ALEXANDRA BUILDING.

DES VOEUX ROAD

After a warm and tiring day-there is nothing so refreshing as »

"OUR TOILET EAU DE COLOGNE,

Very Special Offer $1.25 per large bottle.

Look, in at

THE QUEEN'S DISPENSARY,

(Next to Whiteaway, Laidlaw),

22, DES VOEUX ROAD CENTRAL.

Tel. No. C. 492.

Lubricoats SOCONY MOTOR OIL

[ARE]

WHITEAWAYS.

SPECIAL DISPLAYS

OF

NEW GOODS

IN ALL DEPARTMENTS

LOWEST POSSIBLE PRICES

CALL AND INSPECT.

WHITEAWAY, LAIDLAW & CO., LTD.

HONG KONG

SHIPMENT OF ORE FROM HONG KONG.

DISPUTE BETWEEN EXPORTER, IMPORTER AND

ULTIMATE PURCHASER.

ARBITRATION IN LONDON,

CASE OF IMPORTANCE TO ALL

LOCAL MERCHANTS.

The action brought by a London firm, Messrs. John Batt & Co., Ltd. against Messrs. Silva Netto & Co., exporters of Hong Kong, was continued before the Puisne

We are prepared to prove that we did deliver the goods called for in our contract. That is all I am go- ing, to prove.

The Judge remarked that it

| Judge (Mr. Philip Jacks) in the seemed to depend on whether the Summary Court on Friday after- | contracts between Messrs. Batt & noon.

Mesari. Hallet, and Messrs. Silva Netto and Messrs. Batt, were in the enme terma.

The plaintifs claimed 8839 as damages under an alleged breach of contract for the sale of 75 tons

a

1:

Mr Alabaster disputed this, re of Chinese Antimony Sulphide ferring again to the case ol Ore.

Pontifea . Ford, quoted at the Mr. L. R. Andrewes, of Messrs į last hearing, to show that arbitra- Johnson, Stokes & Master, appear- tion sauld be held on the contract ed for the plaintiffs and Mr. C. Factually in dispute. G. Alabaster, K., instructed, by Messrs. Leo d'Almada & Nephew, represented the defendants.

The facts of the case were that the ore was, shipped on certificats by Hong Kong analyst that it contained between 50/58 per cent. of antimony. The shipment was resold by Messrs. Batt & Co., to a third party, Mesara Hallett & Sons, who claimed an allowance on the ground that the ore contained an unduly large percentage of oxide, that it was antimony oxysulphide ore, instead of ant mony sulphide ore, as ordered. That it contained the correct per centage of antimony was not dis puted.

In the course of cables and let

exchanged, Messrs. Silva Netto & Co., auggested referring the matter to arbitration. This was done but the arbitration took place between Messrs. Batt & Co., and thr sub-purchasers, Meis Hallett & Sons, the arbitrator awarding the

which amonat Messrs Batt & Co., now sought to recover from Messrs. Silva Netto & Co.

Plaintiffs' solicitor submitted that, having suggested arbitration, Messrs. Silva Netto were in honour bound to accept the verdict if it went against. Messrs. Batt & Co.

fors

and reimburse them.

The Judge said he had found an ether ease which seemned to establish

precedent to the contrary. Mr. Andrewes urged that iL "A" and "B" arb trated by direction ? must stand by the result.

Mr. Alabaster: But they did not submit to arbitration the question whether we had made a good de- livery under our contract. We are absolutely at their mercy out here: we did not know what they did in London,, but we do know that they did not submit our contract to

arbitration.

Mr. Andrewes: We were not asked to.

Mr. Alabaster:

RENTS FOR WATER

METERS.

REGULATIONS AND CHARGES FOR 1028

It is notified in the Government Gazette that the regulations made by the Governor in Council under section 23 of the Waterworks Ordi- ace, 1903, are further amended by the rescission of Regulation 3 and the substitution of the follow ing regulation therefor

The fallowing rent shall be paid into the Treasury for the use of

meters:-

4 Meter

860 per annui

39

13

IP

$

The said rent shall be payable yearly in advance.

shall be calculated on the basis of Reat for any portion of a year.

of the annual rent, and any por- a monthly rate, equal fo one twelfth tion of a month shall be counted as a full month,

In the event of the removal of n meter (atherwise than for the pur- pose of repair, alteration or test- ing) the Treasurer will, on produc- tion of the receipt for meter rent and a certificate by the Water Authority as to the date of removal of the meter, refund a sun equi- valent to the rent for the unex plied portica of the current year, exclusive of any portion of 8

month.

KAIPING

HOME,

FACTORY

AND BUNKERS

COAL

FOR ALL PURPOSES

POWER HOUSE,

TUGS &

LOCOS

THE KAILAN MINING ADMINISTRATION,

Head Office:-TIENTSIN.

VEDODWELL & CO., LTD., Agents, Hong Kong.

FARMING IN NEW TERRITORIES.

FERTILIZER FIRMS INTERESTED.

AN EXPERIMENT PLANNED.

A novel offer was considered at tho September meeting of the New Territories Agricultural Show Com- mittee, held at Sheung Shui, on Saturday. The Rev. H. B. Wells,

The Water Authority shall bu

O.B.E., presided. Besides entitled to prescribe the size of European and Chinese members meter which shall be fixed for there were also present S. de Ossa,

mises measuring the supply to a pre- Chilean Chargé d'Affaires in China. who will act as Consul for Chile în

Mr.

Analyst said as wind describe the Mr. E R. Dovey, Government are produced as a sulphide ore. He would say that, by appearance,

the

3. Pang Lok Sam, 840; Mr. Tang Fan Shan, 837; Me Tang Pak Kau, $25; Mr. Woog Mun Shan, 8. Mr. Tang Yau Shan, 6. Total, $125.

Exhibition Building.

Mr. Tsai Po Tin reported the receipt of three tonders for the ercetion of the exhibition building according te plaas prepared by Mir.* L. Gibbs; the highest tender was for $310 and the lowest 8630.

ing farmers of the New Territories.

fertilizers the Consular officials plan to send in commercial exhibits and products from Chile Subject to arrangements to be concluded Senor Osaa will be prepared to engage

during the progress of the Show.

Chinese lecturer to explain the value and merits of these exhibits

More important than the actual

Obilean Government Offer Saturday's meeting was also table for the fact that Senor 3. de Oss offered a prize for the competitive section on behalf of the Chilean Government, the conditions The plaintifs

of the award to be left to the dia- contract with Messrs Hallett, It have not submitted a copy of their

cretion of the Committee. is up to them, if they send 10,000

and Peñafiel attended the meeting

As already stated,' Senores. Os8%" This regulation, shall come into miles to prove their case, to send operation on the 1st day of Janu-Hong Kong on the departure of to offer their co-operation in con- difference between the two con- also proof that there was not a ary, 1929.

Seror Juan Guzman Chuchaga, and nection with exhibits for the non- tracts, The documents that they -

Senor D. A. Peñafiel, Chilean Con- Senor. Ossa mid that he had al-"

competitive action of the Show. submit go to show that the con- tract was different, and that the

sulate Secretary and nitrate expert, ready telegraphed to his Govern purchase by Messrs. Hallett was the Court, Mr. Franklin said that welcomed by the Chairman on

In reply to further questions by Both these gentlemen were cordialment for an early shipment of two for a special purpose.

tons of natural-fertilizers for pre- if there was a large percentage of |

sentation in small lots to exhibit- It was very necessary to the iz-oxide the ore would lose its hebalf of the Committee Lady Ho (continued Mr. Alabaster) that produced a terests of Hong Kong merchants original colour. Franklin Tung, at whose farm the meeting In the opinion of Senor Peñafiel, they should be allowed to prove which he said was a sulphide ore attend the riceting. The two con- to use the right kind of fertilizers muscum specimen " was held, regretted her inability to agriculturists could be persuaded a potable expert, if Hong Kong that they sold what they contracted that, by process of nature, was what happened in London; in this tering crystals of the specimen in the Committee's work and are to sell. They had no control over changing to an oxide. The glit-sular officials are greatly interested they would see their products in- case the Hong Kong contract was here sulphide of antimony:

crease many times with the same. the

amount of labour as now employed. rot submitted to arbitration and brownish, earthy-looking material prepared to give free of charge under the present primitive methods the Hong Kong view was not reside. He would describe this sample corsignments of natural and oftilizers the

Territories. Besides, At the last hearing Mr. Alabas ed their own position and made ere. In a few centuries it might of the New Territories:

presented. Messrs. Batt represent as partly exidised alphide chemical fertilizers to the farmers ter submitted that the defence had no attempt to meet Messrs. Halle be all oxide. no case to answer because the ar& Sons submission that they want bitration did not take place on deed the ore for a special purpose. fendants' contract but upon a Mr. Alabaster went on to quote different contract between Mesra from the correspondence showing Batt & Co., & Mesars. Hallett & that Messrs. Batt knew of this Sons. This contract (although not special purpose. produced in Court) appeared to be catirely different because Messrs Hallett & Sons bought the ore for a special purpose which was not communicated to the suppliers They wanted it to "grade up some oxide ore" of which they happen prove that it was merchantable: in Mr. Alabaster: And we want to ed to have a great deal on hand that it contained a certain propor-

The members of your Combe undertaken, and, on this sub- mittee are probably aware that Jeet Senior Peñafel gave an admir- and they alleged that the particution of the metal.

able address to a large number of my firm is largely interested in Chinese lar shipment of antimony sulphide

the export trade of rice from present at the meeting,

district representatives ore which formed the subject of tested here?

Hong Kong. From what I can Peñafiel will apply to Lady Ro Sener this dispute contained too much

Afr. Alabaster: We had a fair oxide to be suitable for their pur-ample taken. There was no sug

gather, rice cultivation in the Tung for a small patch of ground New Territories has not yet as in which to conduct an experiment pose. The defence, on the other gestion that the whole was examin-

sumed auch proportions as would the result of which, he hoped, hand, argued that the ore was only ed in London either they only

allow of any appreciable quantity would be available for demonstra- sold on the usual basis of its anti-book samples there also.

for export. after providing for the tion when the Show is held early money content, and that it falfilled After further

needs of the peasants in the in December Through the Chair- requirements in this respect Judge said he would let the de-

binterland of Hong Kong. Still, man, Senor Peñafiel-offered to teach At the opening of Friday's hear fence go on with their evidence and

one cannot tell what the encour any Chinese former in the New ing the Judge intimated that be then he would have to consider the

agement given by the forthcom Territories who is willing to fearn had come to the conclusion that point of the separate contract.

ing Agricultural show may bring the use of nitrates for improving the defence had a case to answer.

about in the future and I am the scil especially beneficial are Mr. Andrewes Will your Lord on the 75 tons.

Mr. Andrewes said he wished to ship note that I object to any ask the witness a few questions

Koping that some day Hong Kong his natural fertilizers in the cul- evidence being given as to the without affecting his objection to

rown rice will figure appreciably tivation of vegetables. The Chi quality of this ore and my reason the admission of evidence as to the

in the expert statistics of Hoax nese members appeared to take a for objecting is that the quality condition of the ore. He proceed

Kong."

great interest in the proposed ex- has already been decided upon ined to cross-examine the witness to With Mr. Bacha many hope to periments.

manner selected by the defen-show that Messrs. Patt made ace his hopes realised if not im Accompanied by Mr. H. B. L. danta themselves.

genuine effort to acquaint the de mediately, at least in the future. Dowbiggia a site was selected by fendants with all the details, in Mr. Rocha submitted to the Com the Chilean gentlemen, for the ex- order to assist them in coming to mittee the offer of the 13" first periment and the hon secretory a decision as to the best method prizes for the Rice. Section of the (Mr. J. P. Braga) was directed to of solving the difficulty which had exhibita His second offer is to apply to Lady Ho Tung for the land

risen as a result of the claim by present sufficient number of in question. Messrs. Haileth

illuminated Award Certificates that ร่

Judges, out that in the telegrams Mesers and presented to the successful following gentlemen to assist the The witness disagreed, pointing might be printed or lithographed The meeting decided to invite the Batt asked for an silowance of

exhibitors. The design of the certi Show Mr. J.-L. McPherson, Mr.

CD45-

with Chilean nitrate which is to

Encouragement for Rice Cultivation.

cussed on Saturday was ar ffer Principal among the questions dis- it was a good merchantable sul received from Mr. J. M. da Rocha, phide ore. He had never heard proprietor of the firm of importers did, they only sold them Chinese metallic content.

The Judge: But, supposing they of the cre being sold except on ts and exporters, Messes, distribution of the fertilizers was Antimony Sulphide "Ore." It is of axidisation went on, the sul set out in a letter to the bonductivity of the soil when treated As the process Rocha & Co. The offer was fully demonstration of the increased pro-

the announcement of a practical** necessary. that it should be of morphide disappeared. It was a re- English Secretary in which Mr. da chantable quality.

placement: the two did not exist Rocha in part states:- together. examine the expert witnessce.

Mr. Andrewes did not

Mr. A. F. B. Silva-Netto ́said he saw the shipments during pack ing and book some samples himselt. Some of the ore had a specially high metallic content. He had no kncwledge of any special purpose for which this antimony ore might be required in London. The ar the metallic content. The witness dinary purpose was of extracting gave figures to show that the plain- tiffs resold the ore at a profit ef

The Judge: Was the whole cargo

argument the

Expert Evidence.

The

Case For The Defence. Mr. Alabaster opened the case for the defence by referring to the case of Jones . Paget (24 9.B.D. p. 650), as a leading case on the ez pression" merchantable quality" He said that the effect of the de eision was that if the goods suppli The Judge noted the objection ed were merchantable for ordinary and evidence for the defence was purposes it was quite sufficient, then called. even if they were not suitable for the purpose of a particular buyer,

Mr. Chu Po Yan, Laboratory unless that particular purpose was Assistant to Mr.A. Franklin, communicated to the supplier. En Analyst, spoke to having taken the present case the special pur samples before shipment of the pose was never mentioned to the ore in dispute. The witness der per tons, whereas the allowance ficates will, of course, be left to Ho Kom Tong, Mr. Choa Po Sien upplier. I was undisputed that uribed the methods by which the awarded of 1s per moit worked the Committee, but Mr. Rocha will and a Chinese gentleman (to be. the ore supplied was of the metal taking of a representative tea per qut at £ 10 ton. le percentage called for; it was cent. sample was sezured.

defray the cost. The only condi- merchantable in

the ordinary shipment was antimony sulphide fident you had sent good merchad mention be made that the first

Mr. Andrewe You felt so con- tion imposed by the donor is that ominated by Mr. J. Mada Rocha)

for judging the rice section. ** sense, and that Messrs. Hallett & Sogs wanted it for a particular in Court

ore, similar

to samples produced table sulphide that you were pre- prizes for the Rice Section are pre-

New Members, purpose, for which apparently it Mr. A. C. Franklin, FLC.,

pared to pay damages if in fact seated by the firm of Messrs. J. M. The following new members of was not suitable, did not affect the metallurgist and nklin, it was not sulphide-Kes, da Rocha & Co. Needless to eny, the Committee, co-opted at the last issue. The dolendante fortunately received from the last witness sam- from the correspondence,

Mr. Andrewest Apparently after discussion, the Committee un- meeting, were also present at the had retained samples of the ship ples for analysis and he analysed wanted the plaintiffs to hold on generous offer and the Hon Seere Ting Hang for the district of Ho Fon animously agreed to accept the meeting on Saturday:Mr. Hau ment and had also had samples them for metallic content. They analysed before dispatch, so that

came up to the required percen- The witness replied that he ocha therefor.

to the ore on falling market, tary was directed to thank Mr. Sheung Heung hit Li. Tai Sang expert evidence was available to tage. The ore was sulphide and could not come to a decision until

(Seikung), Mr. Man Ming Shi (Sau prove that the ore was antimony not oxide. Oxide ore was absolute the receipt of fall particulars by According to the Finance Sub

Finance.

Tin), Mr. Mau Po Tsa (San Tin), sulphide of a certain percentage.

Mr. Tang Chan Cheong (Kam Tiny Mr. Alabaster was about to call different in appearance, colour,post

lustre and in every way.

and Mr.

Hang Tong (Ho expert evidence when Mr.

The Judge: How much oxide respondence shows that you intend

Mr. Andrewes: I think the cor Committee's statement the cash sun), ME

Ban Kam, of balance available on the 31st, alt. Andrewes intimated that he would might be present (without being} ed" the contract between Meurs is 8409. Since the date of the last Loong Hut Tau district, wrote re- object to such evidence being noticed superficially) in what Batt and Messrs. Hallets to be a meeting but one the following sub- gretting his inability to attend. heard Mr. Alabaster was setting could be described as "good mer-bitrated upon. out to prove something which had chantable sulphide been already proved and decided.

The witness: That was my 1 The witness: I ahould not like tention. The

witness added that.

scriptions have been received:

The defendants selected the course to state any definite figure. It is he was-iso-an-importer and could Fo. Asburing Tong, 5 several packets of seeds of tomato,

of getting a specialist at home, an question which very seldom, if ever, look at the question from that amounted to $81, arbitrator, to decide on the quality arises. I have not own of

*

Gift of Seedavnim Lady Ho Tung, 810 Mr. Wong Mr. Fung Kei Cheuk presented Kam Fuk; 10; Mr Tong Trung the district representatives with

which is distribution among the farmers. to date cabbage, lettuce, kohl rabi, ete, for Printed instructions in Chinese for planting the seeds were compiled by Mr. Fung and accompanied his gift to the farmers.

The defendants were now estopped should be tested for, All ship-supplier abroad for reimbursement at $35 a month

the months of fu

Отун

of the ore. This decision had been shipment before in which it was roze here between importer and for Mr. Fung Fook's salary for the

point of view. When a disputa made, and, having suggested it,

naked that the sulphur content Chinese dealer he looked to

June, July and August from contesting, the quality of the ments from bere are based on the

after a

arbitration between the two The Chinese-Finance Sub-Com Mr. Alabaster The other side percentage of antimony. The parties in Hong Kong, if the vor mittee reported sales of admission has no right to state that we have

shipper, as well as the analyst, diet went against the Hops Kong dikets to the total mount of $1%, broken our contract and that it has now he is dealing with a limporter

of which 897 had been collected. been so decided. Our contract has

paide ore.

At this stage the hearing was leaving $25 to be paid. The in never-been bolore? 1h 22

dividual receipts were from: (Continued on next Column.) | adjcurned until to #arbitrator.

..

Next Meeting C The Committee will meet again at Sheung Shui on Saturday, October 22nd, at 2,30 p.m.

i