1888-11-21 — Page 2

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THE HONGKONG TELEGRAPH, WEDNESDAY, NOVEMBER 21,

THE British cruiser Leander, Capt. M, J. Dunlop, THE next football practice will be played on returned to day frone crust

the Causeway Bay ground, under Association at 4.15 p.m. sharp. rule, to-morrow the sand inst., play to commence

THE operations of the new Fire Inquiry Ordi- nance have hardly bad any opportunity of being fested yet, but one contingency has suggested itself that by obliging tenants to leave the burnt premises untouched-sometimes, it may be, for a considerable period, there is a much greater probability of smouldering fires again breaking out. The premises 103 Wing-lok Street, which were partially destroyed on Satur- † day, burat into flame again this morning, apout four o'clock. There was not much to harn, however, and the two Brigades quickly got the outbreak under.

AN American contemporary tells as that Belva A. Lockwood, the "ega-l rights" candidate for President of the United States, is 5 feet 8 inches height, weighs 150 pounds, and of the type known as gray blonde. She possesses- an indefinable expression of motherliness, earnest good humor and gentle gond will, not unmixed with

an old school grace that is win- ning rather than remarkable. She does not pretend to style in dress, but there is none of the soiled tawdriness of attire of some gentle women who utterly repudiate her views, neither the aggressive masculinity which many of her own school affect. She never wore a corset, and attributes the remarkable uniformity of her good

heath to her freedom from it,

2

A coon story, the Straiti Tives tells us, comes from Pahang, the spot where the Punjom gold mines are supposed to exist. A steamship has just returned from Quantan (and is going back there to-day), and while lying all the shore, the Letter on Floral mailies to be sent to The Editor and Captain, himself a Malay, saw a deer in the water. He managed to get a amall boat between is and the shore, and intercepted and killed the animal, . Then he took it on board with the natur intention of having a succ:ssion of ventson pastries," or their Malay equivalent. Forthwith the Pahang Malays held a palaver on share, and anally sent to warn the captain, in, friendly way, that he had done a most rash act, and that if his ship sailed with the deer on

Chamundesinos intended for podalestían rnust be adeampantel by the jette and a dress of the writers, ne necessarily for publication ; fi ni ævelense af goal, faith,

Whilst the columns at the Hongkong Telteraph will always be me for the fir diseqvajon by Correstgedents of all questions affecting melly interests, it must be distinéty timlerstood that the Blitar does not in any ways had himself responsible for opiniona this exprevel.

TO ADVERTISERS,

Advertisers are requested to favrut all notices intended the Bertiert in that day's one an inter than Three o'clock soa hot to retail the early paklientim of the paper.

Avertisements and Shareipsies which are not ordered for hound it would go to the baton The captain

final period will be continued in countermanded,

The Honchone Teleridh, how the bargest circistarlon of any English netsproper published in the Far East, and is therefore, the best maitiers for A vention. Term-n belearnt on application.

became frightened, and picked the animal

ashore at once; whereupon the villagers cooked

But the parties themselves, are not agreed as to who were the members of the partnership-and he accounts difler as to what took place at the dinner at the Chinese restaurant The proposal inde abant getting the Commissioner of Customs to join in creating a corner in salt for a con THE Chinaman who was found in a sampansideration was a stupid idea, as one witness along with 1,177 toels of illicit oplum fast week, Mr. Fráser-Smith) said, because it was ridi- was brought before. Mr. Wodehouse yesterday culmus to suppose that he would enter into afternoon. He still aiserted that it belonged to of the plin

such an arrangement, and the consideration. was left over in order that somebody else, but in the absence of that it might be matured. Chu Hing, the defend. mysterious and enterprising amuggler he was

manager, who was the moving spirit fined $500, or six, weeks. The opium was con-

in the business, in reply to ine said that he saw fiscated.

a memo, of agreement some days after the Hong Fan Lan dinner of the 23rd December. It was made between Lai Cheuk and Chik Kim, It THUS the Singapore Free Press of the 13th was in Chik Kim's hands. He read it. He says inst. We hear that the Sarawak steamer there was an agreement to be signed. "I was to Rames, at present plying between Singapore and

see whether it was suitable or not; I spoke to Sarawak is shortly to be purchased by Messrs.be Chek about it. He said that another one would be put into English and shown W. Mansfield & Co., for their North Borneo in Mr. Fraser-Smith. It was done. was

"

+

Ants

trade. This trade is constantly increasing and the steamship Afercury, which is now running between Singapore, Labuan and other Barnen ports is too small to meet its requirements. The Rance will be replaced by a larger steamer to be built at home with all the latest modern improvements. The trade between Sarawak and Singapore is also increasing and a much larger steamer has for some time been talked of AUSTRIA is the finest sporting country in Europe. The number of preserves, not counting those of Hungary, is stated at 15,764, and on these there were shot in 1887 33 bears, 113 wolves, 21 lynxes, 9.490 stags, 60,252 roe bucks, 7.759 chamois, 2,999 wild boars, 26,411 foxes, 9.729

The Attorney Genert applied, under the 71st polecats, 1,055 otters, 2,672 badgera, 333 marmata.section of the Cole, for inedite execution. and no fewer than 1,439,134 hares. The totals Mr. Francis opposed the application. There for feathered game are 4,498 grouse, 1,300 wild had been absolutely no reason shown for such geese, 101,"48 pheasants, 1.336,234 partridges would cast such a slur on the defendants course, and he did not suppose that the Count 34.448 quail, 12,652 woodcock, 7,614 snipe, and without some reasm. Such applications were 28,914 wild ducks. The birds of prey shot were usually made on affidavit, or on something that 561 eagles, 38,6to owls, 1.35; horned owls, and had arisen during the trial, but he subraltted 106,353 hawks, kestrels, kites and vultures.

That there was anihing before the Court so far to justify his lordshin in granting it at present.”

The Attorney General said that he could

1888.

On the argument some of the facts in the case ware referred to by Counsel for both parties, but it is unnecessary to say more than that the vouchers which purputed to he is compliance with the directions of the arbitrators were referred toin Mr. McCulloch's affidavit of December 1885 on which it had been ordered that the suit should proceed in the ordinary way. The order of 7th September, limiting a time for the plaintiffs to file their petition, was made after hearing the solicitors and perusing two affidavits. One was by the Chairman of Directors of the Hotel Company dated 4th September, setting out that the suis was commenced on the tath December 1885, that on the 22nd Feburary, 1886, an order was made that the auit should

proceed in the ordinary way and "that since the above order the plaintiffs have been repeatedly pressed to proceed with the suit, but they have failed to do so." That on the 21st August Messrs. Wotion and Deacon wrote to Messrs. Caldwell and Wilkinson; "Take notice that unless your clients proceed with the sult within days this date put off from day to day. He said will apply to the Cours fro dismissal our clients make the contract when you go to the And that since then the plaintiffs had not Chinese and make arrangements about the boats." taken steps in the suit and that the defendant It was only. to borrow them; but the Chinese Company was greatly prejudiced by the shit mandarins wanted to sell them. As to the pending, Mr. Leigh also made an affidavit on amountofsali bought 25,000 dollars worth, it was the 6th September, that the money was owing- clearly enough shewn that only one purchase of and that the Company mainly relied for their salt was made and that it was made from the defence on the fact that certain vouchers were picuis and amounts to less than 8,000 dollars. Ut Cheang firm. It amounts to about 30 000 not signed by the suppliers of the goods. He also stated that Mr. Danby had gone to England that was bought and paid for by the first about four months before and that he expressed pintiff who made a loss on the transaction, an intention of obtaining fresh vouchers and and Lai Chenk Kun, one of the defendants, sending them. That he had written several times an alleged partner, swore he got. brokerage, and telegraphed to the said Mr. Danby requesting although it is, proved that he did. Considering him to send the vouchers without, delay, and as I do that there were negotiations which that on the 31st August he had received might have endal in a partnership bat not a a telegram from Mr. Dinby that he "intends to for the plaintiff with costs. Contract of partnership. I must give judgment send vouchers." He said also that he expected to

get the vouchers by the end of October. On the representations the time was extended to 18th Oct. to file petition and it was understand that another Telegram would be sent; however, no step was taken till the day the order expired, and as I was sitting in Criminal Sessions I could not see the solicitors to hear the application till late in the day. However, on hearing the arguments on the 18th October I was of opinion the "no sufficient grounds," nor indeed any ground, were shewn for permitting the plaintiffs to withdraw and bring a fresh suit. The only substantial ground dismissed and that it was possible they could was that if this was not done the suit stood not fetch another for the same matter. That seemed to be their own negligence, or because for some reason or other they did not want to proceed. It was not lost sight of that the Hotel

them. If the petition were not filed on the 18th Co. had got value, but the plaintiffs cannot apparently be induced to shew what is owing to the suit was dend; but if good cause were shewn the time for filing would have been extended. but it was not asked to be extended, and indeed no reason was given, only that there were no vouchers. It was admitted that both Mr. Leigh and Mr. Danby had been in England, since the suit was commenced, and it is clearly unjust that a law-suit should keep hanging over people's this appeal, that possibly a great injustice may be heads. It is again argued for the plaintiffs in done as they may not be able to fetch a fresh suit. I give no opinion at present whether or not they can bring a fresh suit--but I do say this, that no ground whatever was put forward for allowing. the suit to be withdrawn-and that if words are justified, unless it was done by consent, in grant to have any meaning, no judge would have been ing permission to withdraw-a permission which according to the note in sec. 97 la Baghton's Civil Procedure Court is limited to cases where the suit fails by reason of some point of form, and such liberty should not be given where after issue joined the plaintiff, has failed to make out bis case. Here the plaintiffs ruight have filed their petition. Toey required no vouchers for that, I apprehend-and if there was any reason able ground for seeking an extension of time of been refused. It is obvious it could not have the former order, it is improbable it would have been the object of sec. 66 of the Code to avoid an order such as was made on the 7th September I cannot see that the order was erroneous in

answer for it that uch applications were made constantly in English courts,

Mr. Francis: And sarne reasons are invariably given.

The Attorney-General repented that there were sufficient reasons which made it desirable Hs Lordship: The only thing is that im that the applicatim should be granted. antial execution might interfere with your costs. I think, unless there is some special

The Hongkong Telegraph's numisse at the Telephone Cengal and ate it. With refined satire they sent the former was charged with defamation, the alleged | reason for it, I cannot grant your application.

Exchange is No. 5,

+ TO SUMSCHUBERS. Subsoben an The Hangbang Tidreraph are respectfully testinaled that all Subscription; are payable in advance.

The Hanchang Felegraph

HONGKONG, WEDNESDAY, NOVEMBER 21, 1888.

TELEGRAMS.

(Reuters)

THE POPE AND IRELAND,

LONDON, November 19th.

A fresh Papal rescript has been issued. It orders that the Irish priests preach against #boycotting" and the Plan of Campaign.

RUSSIA AND COREA,

The Times publishes a paragraph stating that a treaty conclurled between Russia and Corea provides for a Russian protectorate over the Jalter country.

(From the Straits Times.) LORD SALISBURY ON THE SITUATION.

LONDON, November roth.

Speaking last night at the Guildhall, Lord Salisbury said that the success of the Govern ment's policy in Ireland was assured'; that the Sackville West incident was more electoral than diplomatic; that England has still a duty, to perform in Egypt in securing her frontiers; that amidst the growing European armaments England cannot remain unprepared for war, and "that the Government aims not only at ensuring security, but at establishing the sense of security,

THE NAVY.

M

November 12th.

future would see the British Navy raised to a completely adequate standard.

LOCAL AND GENERAL.

OWING to the four important judgmenti delivered in the Supreme Court this morning we are re- Betantly compelled to hold over a lot of interest ing matter.

>

captain a haunch. The lahangies, like Tony Laumykin, have clearly a pretty humour" of their own.

We find the following extraordinary paragraph in the Penang Gazette of the 9th inst-On Tuesday. last, on the application of Mr. F. J. C Ross, on behalf of the Hon. W. E Maxwell, President of the Municipal Board, a warrant was of the Penang Herald, and Mr. Koh Seang issued for the arrest of Mr. H. Prins, Proprietor

Tat, one of the Municipal Commissioners. The defamation being contained in a leader that appeared in the Penang Herald of the 26th altímo, and with reference to which an apology was made in a later issue dated the 5th instant;(Before the Chief Justice and Acting Justice

4. F. Leach) · Mr. Tat with abetting the same. Mr. Tat sur- rendered himself to the Police, and was in- MR. DANBY AND ANOTHER. THE HONGKONG mediately bailed out by Mr. Lee Phee Yeow in the sum of $1000. Mr. Pring was afterwards arrested, but was unable to give bail. They both appeared before Mr. Merewether on the following day, but the case was postponed till

to-morrow.

SUPREME COURT.

IN ORIGINAL JURISDICTION.

(Before His Honour Chief Yustice Russell.)

21st.November, 1888.

THE row which took place yesterday among the coolie fraternity near Peddar's Wharf, and which was allowed to proceed unmolested and unin terfered with for the space of one hour, is another instarice of the apathy generally displayed by the native Police whenever scenes of rowdyism occur on a large scale. Peddar's Wharf is in the vicinity of the busiest quarter of the town how one hundred coolies could have been allowed to engage in a free. fight at noon-day in such a locality, until they tired themselves out and dispersed of their own accord, is incom- prehensible, unless we believe our Police to be especially instructed not to interfere with street quarrels and scenes of rowdyism. As we cannot swallow such an assumption, we are inclined to imagine that it is to a want of proper instructions issued to the guardians of the law, that scenes like that witnessed yesterday often occur. We would impress upon the Captain Superintendent the necessity of adopting means for the prompt and complete suppression, of any street fight among coolies or any other body of natives. If the constable's on duty were instructed to give prompt alarm to the nearest Police Stationing judgment this morning :— undesirable proportions, and a detachment from when they see any street row likely to assume

the Central were marched out to the scene of combat, with as little delay as the telegraph would allow, we think street fighting and acts of rowdyism would effectually be stamped out of the colony.

THE SALT CORNER CASE.

LAI CHEUK AND OTHERS 9, U IM HING AND ANOTHER.

In this somewhat important suit, which was heard before Acting Chief Justice Russell on 11th September, his Honour delivered the follow-

payment of two promissory notes and interest The plaintiffs, who are Chinese bankers, claim thereon, One note is for $1,000 at the rate of interest of $1.20 per cent. per month. The other is also for $1,000 at the rate of 35 cents per thousand dollars per diem. The defendants in their answer admitted their indebtedness on the foot of the notes, but claimed that a partner- ship existed between themselves and plaintiff in reference to certain salt transactions and the purchase and resale of certain steam-launches, and that when an account was taken that the plaintiff would be shewn to be in their debt to

IN APPELLATE JURISDICTION.

HOTEL COMPANY.

This matter comes before the Full Court by way of appeal from an order made by me in Chambers on the 18th October, refusing the bring a fresh action for the same matter. The plaintiffs leave to withdraw from the suit and to application was minde under a provision in the Coder sec. 66, which is as follows the plaintiff at any time before final judgment satisly This Court that there are sufficient grounds for permitting him to withdraw from the suit with liberty to bring a fresh suit for the same matter, it shall be competent to the Court to grant such wise as it.mv deem proper. In any such fresh permission in such terms as to casts ar other suit the plaintiff shall be bound by the Rules for the limitation of actions in the same manner as if the first suit had not been brought. 11 the plaintiff withdraw from the suit without such per mission beshall be precluded from bringing a fresh suit for the sanie matter." This is taken from the Indian civil code and is exactly the same as Section 97 of Art, XIII of 1859, An affidavit sworn to by Mr. Caldwell was the only one filed made, and is to the following effect: in support of the applications, which he bijnself

1. That he had the conduct of this case for the plaintiffs.

all matters in difference to Mr. McEwes and the plaintiffs and defendants agreed to submit 2. That by an agreement of 30th March, 1985,

Mr. MacClymont and that the said matters were referred to them, and they made their award on 1st June, 1885.

any way.

judgment of the Chief Justice.

Mr. Justice Leach-Ifally concur with the

i

Costs to follow the event.

(Before the Full Court.)

instructed by Mesars. Dennys and Mossop was

LEUNG 1, CHAN SUT SAXO.: The Attorney General (Mr. E. L. O'Malley)

for the defendant.

prevails, such right being unlimited by time except as provided for suiti in Summary Jurisdic fan must prevail. We cannot nerede, to this contention, and because, as we have alrendy intimated, the carrying rut Ordinance No. 1 af 1883 having been placed under the jurisdiction of the Supreme Court in Summary furisdiction it follows that it must be carried out in accordance with the procedure and practice prevailing in that Court. The appliestion is therefore out of time. We do not propare to deal, with the merits of the case in detail, but so far as we can see, if leave to appeal had been granted, the appeal. could not have succeeded, and we do not think that the authority cited by the Attorney-General has any application to the frem. As regards the evidence in the case, we think it was solely. a question, of fact of this case when properly stated and really depended on the credence which the Judge who heard the case gave to the deponents and witnessen: But with reference to: the facts alleged in the affidavit grounds. in this appeal, and in so far as it pres to show that evidence was improperly rejected, the Acting Puisne Judge feels called upon to make the following comments-When The application to discharge the warrant of distress came before the Court, the Court was asked whether the evidence should be taken orally or by affidavit, the Court having regard as well to the requirements sec, 20 of Ordinance Noi of 1883, which directs the application to dis charge to be verified on affidavit ns to the pro- visions of the Code contained in sections 43 and 46 with reference to evidence on motions or in- terlocutory applications and no substantive appli- cation being made to hear the evidence orally, directed the evidence to be continued as it bad heen hegun upon affidavit subject to the right of cross-examination upon notice. This direction was given in the presence of Leung I's solicitor and repeated on one if not two subsequent occasions when he was also present, and. the Court subsequently, through its officer, directed the application to come on for hearing, when all the affidavits that were intended to be filed' had been so filed. Upon the application coming. in for further hearing affidavits were put h-fore hem both in support of and against the applica ion, and Chan Sut Sing was cross-examined on his affidavits through his solicitors. At the close of Chan Sut. Sang's case, which was chiefly based on alleged lease, Mr. Mossop of had already at the request of the Court stated behalf of Leung I for the first time (though he the line of his defence) put forward, as an answer to Chan Sut Sang's claim that his lease: was. void on the ground. (other grounds were also urged) that Chan Sut Sang's leare not being

that this defence was het set up by the affe registered was void as against his client's regis tered title The Court at once pointed out lavis filed on behalf of Leung I, and thereupon Mr. Mossop tendered his documentary title In evidence and proposed to call the Land Officer or his deputy to prove its registration. The Court again pointed out that this was contrary to its directions as to taking the evidence by affidavit. However, on Mr. Mossop's declaring he had never heard the Court: give such direc was allowed, on filing personal affidavit ex tions and that he had no recollection of them he plaining his mistake, to supply by affidavit: the evidence he desired to put forward as to the registration of his client's title, but the Judge, when the matter, was before him ins

to be denied. As a matter of fact the non allow the registration of Chan St Sang's lease Chambers, on Mr. Mossop's affi lavit declined to

registration sufficiently appeared from the docu ment itself. An affidavit dated the 27th August was accordingly filed by Leung-L-verifving his title and the registration thereof. No other evidence was mentioned or witness tendered by Mr. Mossop either in Court a Chambers, although it would probably be considered from his affdavit that such was the case, We both feel bound to point out that but for the presence of the Judge who heard the case the affi favit on unwittingly, be misleading and probably has mis which the motion, is grounded would, however led the learned counsel, who appears in support of the application. The order of the Court. below will therefore stand, and the application/ must be refused, an

and the

delivered after consultation. I quite think that The Chief Justice :-This judgment has been on the question of time it is too late, and ns far As I can judge by reading the numerous affi lavits, I think that even if it had been right on the question of time there would not have been any chance of success on the merits...

IN THE HATTER OF THE ESTATE OF LEUNG YU SHA, DECEASED HO YUEN SUCHING FUN. Their Lordships gave judgment in this case.. Chief Justice Russell said

THE French gunboat Vipère, Commander everything is entrusted to their care, and a plaintiffs had never rendered any account afely proceed in action to recover the said being the amount of rent due from him to matters or causes Testamentary under Ord, No

Gondot, left this morning, for Canton,

In this. suit Mr. Justice Leach delivered 3. By the said award the arbitrators awarded judgment as follows:-This in an e parie and Leigh should produce and deliver to then the andavit in support as the plaintiff In the in Chambers whereby the usual administration motion on behalf of Leung I, who is descified. This is an appeal from an order made by me and adjudged (inter alia) that Mesars. Danby Hongkong Hotel Co. detailed invoices duly dis matter for leave to appeal from the judgment of decree, was made on a summons t:ken out by a.. THE Post Office has lately given faint signs of

charged by the respective suppliers of the goods the Acting Puisne Judge given in the above legatee against an executor. It was conterded accommodating itself to the gradual expansion

cnnumerated in the sintement, and receipts for matter on the 27th August last. The proceedings that a proceeding in Chambers of this sort wa of the colony by establishing a regular Peak

thereon, and immediately on such production taken upon a warrant of distress for rent under Hongkong Code of Civil Procedure-bust that all pigments of freight, and shipping charges in respect of which this application is made were no longer available owing to Sec 9 of the delivery. We think, moreover, that a great deal

and delivery the said Hongkong Hotel Co. the provisions of O.dinance No. 1 of 1883 The administration suits, must be commenced by a remains yet to be done in order to place our

should forthwith pay to the said Messrs, Danby effected of Chan Sut Sang's property on the 19th existing underers and 16: Vic., c. 86, sec. 45, warrant of distress was lasued and the neithre general writ of summons, and that the practice Lord George Hamilton at the Guildhall hoped local: Postal establishment on a par with the ❘ a considerable amount. They asked leave in and Leigh such sum, not exceeding $14.972.83 Tuly last for the sum of $25 being the amount which existed here up till 1871, was no longer! that as matters were now progressing, the near development of the town, The town deliveries counter-claim. hich was allowed. In this invoices and receipts to have been paid for the. Leung I, in respect of certain premises in his |, will bo, found in the : 5th-edition of Danielly

as might be shown by the said discharged are few and far between, and those at the out-counter-claim defendants alleged that in or about said goods and for the freight and shipping occupation, and on the 25th July Chan Sut page 101, &c, and the question is whether or of tent alleged to be due from Chan Sut Sang to lawful. The old practice which has been followed lying districts are anything but satisfactory.the month of December 87 the plaintiffs and charges thereon... We have often advocated the introduction defendants entered into partnership together for 4. In pursuance of the said award certain the name Ordinance served Leung I with notice The Civil Code purports to consolidate and Sang, under the provisions of section za of not the Code of Civil Procedure, annulled it. of pillars and letter boxes throughout the the purpose of speculating in salt under the style vouchers Ess payment of the said sum of town but nothing of the kind bas yet or firm name of the E-On-Wo. They further the defendant who refused to pay to the plaintiffs was excessive, The application was made and to provide a uniform Code of Procedure of $14973.83--were obtained and were presented to

to discharge, the warrant of distress upon the amend the laws relating to the process, practice been done. Residents in the upper levels alleged that salt to the value of $15,000 and over the said amount or any part thereof and there and came on to be heard in das course, and on Confmon Law and in Equity. It enacte in the ground that the amount for which it had issued and mode of pleading in the Supreme Court, have still to send their letters to the Cen) was purchased during the month of July for upon the suit was commenced. tral Post Office in Queen's Road, when and on account of that partnership and was

the 27th August the Acting Pulsne Judge made 3rd Section that nothing in the Ordinance shall they could have them posted almost at their resold by the plaintiffs at a very large profit vouchers so presented to the defendants as in gave direction for the payment out of Court of or remedies of the Courts (6) The existing Juns. 5. I am now advised by Counsel that the said an order discharging the warrant with costs; and be deemed to affect: (a) The rights, privileges own doors. As servants "abound in the colony, to the partnership, and they further say that the

the last paragraph mentioned are not sufficient the sum of $440 which Chan Sut Sang in the diction or Powers of the Court. (c) The proce to sustain this suil and that the plaintiffs cannot course of the proceedings had paid into Court, dute and practice of the Supreme Court is there are few deliveries during the day, nobody although required so to do, and that when aimount without better vouchers. hurries about posting his correspondence. It is nccounts were taken, &c., the defendants would

Leung I. It is from this order Lung.I seeks 8 of 1:60, nop under the Bankruptcy Ordinance nevertheless apparent that postal facilities are have a considerable amount to their credit. It plaintiffs have a good cause of action against the of the application we feel ourselves called upon further grotherwise than herein is exprenly

61 om informed and velly believe that the

row to appeal. Before referring to the merits 1864, nor under the Companies Ord. of 1865, or urgently required in this fast increasing colony. 1s to be observed that in the counter-claim defendants, &c. And that good and sufficient to decide whether Leung I is not out of enacted. (d) Practice of Vice Admiralty Court: (0) Deliveries of letters and newspapers are nothing is said about the sale or resale of

vouchers are procurable and will be procured time in now asking for leave to appeal. The Proceedings already begun. The 4th Section re abnormally few and slow, entailing a launches, and although some evidence was

without loss of time.

present notice for leave to appeal is dated the latento the old procedure and practice, and enacts (Signed) D. E. CALDWELL, ››

12th September, that is to say, some fifteen days that except to far as may be otherwise specially consequent drawback in the despatch of given about the purchase of certain launches

Sworn at Victoria, 17th October,

after the order of the Acting Puline Judge. provided in this Code all the enactmente cen business, Instances are not wanting when, half it was stated by one of the witnesses called by

By section 44 of Ordinance of 1883, the ex-tained to any Ordinances of the colony or in any a day clapses between the arrival of a defendants that the purchase of these launches would not consent to the application, but urged mean the Supreme Court in its Summary Juris force therein relating to the Procedure and Mr. Deacon, who appeared for the Company, pression "The Court or Supreme Court" is to acts of parts of acts of the Imp. Parliament In steamer from either the Coast Ports, Singapore, was quite a separate or collateral business, that the application was simply for further delay diction, and on perusing the first mentioned Practice of the Court in its Common Law and or Manila, and the delivery of the corresponding Lai Cheuk, the first named plaintiff, is the on the 7th September, which was "That the the section 44 the whole Ordinance is to be the Supreme Court (including all unwritten Rules

and was to avoid the effect of an order made Ordinance letters and papers, Macao letiers generally reach Manager of the Bank, and when the hearing plaintiffs do fether petition on or before the 18th carried out under the supervision of or by the of Practice and AllRules or Orders of any Courts will be acen that: by the light of Equity Jurisdictions, and all Rules and Orders of this colony between 11.30 and noon; they are was concluded it was admitted by counsel that if October, and that if the petition is not filed on or Supreme Court in its Summary Jurisdicilon, ihof Law or Equity England bich are now in delivered at about 4 p.m. The same anomaly partnership'existed that he was the only one of before the 18th October, the suit be dismissed" the result that the procedure and practice of that force in the colony) ball from and after the com occurs with Canton letters.. Is this business is the plaintiffs who had anything to do with it&c. He also urged that no reason was put forward Court would naturally apply Under section 41 mencement of this ordinance and during the con this regularity? Whenever a complaint is made The first question to be decided is whether any viz. that they had no proper vouchers and that Ordinance 1873 it is provided that either party so far as they relate to such procedure and that had r t been put forward three years ago, of the Supreme Court Summary Jurisdiction tipsance thereof be suspended in their operation against the Post Office we hear the old, old contract of partnership has been shewn to exist, there was no ground for permitting the plaintiffs to a suit may, within seven days from the date of practice, subject to the prosis retort the establishment is short-handed, shart There was no wilting produced of any partner to withdraw, Mr. Caldwell, who may be supposed judgment apply for leave to appeal to the Full contained, that is to say next hereinafter, zoomed." It is hardly necessary to point out that ship agreement, although from the evidence it know the meaning of his own affidavit, had Court, which has power to extend the time limited regards Ang matters for Provided that this cannot for a moment be entertained as a appeared that something had been drawn up in thing to urge unleay that, if not granted, it was for such application either before or after the vision has been made by reasonable excuse for any of our postal defects Chinese for approval and signature, but never He certainly never suggested what has since

doubtful whether a fresh sult could be brought. expiration of such time and shortcomings. The Post Office is a public was signed. If any partnership existed it was been done in argument, that no cause of action <stablishment which draws a double source of a parole agreement, and as usual there is a gooi existed until the vouchers were forthcoming. affidavit in support and therefore if that section is any ground for such extension shown in the revenue from the pabile purse-ordinar taxes,deal of conflicting esidence co tombat took plate good cause of action existed, but they had was contended on his behalft

On the contrary biridanse that appiter the applicantray and the stamp contribution. It ought to study the After foll consideration and a careful re-perusal not the vouchers. No reason was given why suit, but proceeding for publicinterest irrespective of all other considera of the evidence, I am of opinion that no contract the petition was not filed. The order was that as to appeal are contained tions, and the Government ought to spare neither of partnership was entered into. Mr. Francis the petition should be filed-for it was ordered Court Sommary, Jortadie money nor pains to bring up that department of put it at the highest as a conditional partnership so far back as the 22nd February, 1856, fo Ordinance. No.

hco

plaintiffs applied on a specially endorsed Supreme Court

The French gunboat Partzual, well-known on the binn coast, left Singapore for France on the 14th inst.

THE Honorary Treasurer of the Alice Memorial Hospital acknowledges, with many thanks, the receipt of a donation of $300 from the Fuk Tak

opium farm, through Mr. Khoo Thean Poh,

ARRANGEMENTS have been made for a shouting match between the Garrison Shooting Club, and the crew of the Swift to-morrow. The teams will be ten aside, and the ranges 200, 400, and 500 yds 7 shots each.

We note that in addition to the usual late cars at 10.45 and 11 p.m., the Hongkong High Leve: Tramways Company will sun special cars to morrow for first-class passengers only at 8,40 pm, and again at midnight, for the convenience of theatre, goers.

Tax American Musical Comedy and Opera Company appeared at the Theatre Royal, City Hall, last night, in Cellier's popular opera bouffe Dorothy." There was a large audience and the Performance passed off very successfully, We boli over a detailed notice until to-morrow.

the public service.to.thorough degree off ciency and prcfulness,

are not now asked

by the application to extend the time nor indeed

and that the condition had been fulfilled when writ for judgment on the so-called award that gives in

Certain arrangements had been made at Canton,

the sult do proceed in the p

Dances gets pespart of facts, riles,

Pro

Bald