1901-03-05 — Page 3

LEGAL INTELLIGENCE.

SUPREME COURT.

IN ORIGINAL JURISDICTION,

(Before His Honour Sir John Carrington,

KI., C.M.G., (Chief Justice), ~

and a Special Jury. March 4th. HERBERT PRICE, TRADING AS H. PRICE

AND CO.,7. LUM ŞIN SANG,

The plaintiff prayed that the defendant might be ordered specifically to perform an agree ment and to grant a lease to him in accordance with the terms of the said agreement.

Mr. H. E. Pollock, K.C. (instructed by Messrs. Johnson, Stokes, and Master) appeared for the plaintiff, and M. J. J. Francis, K.C. (instancied by Messrs. Mounsey and Brutton) for the defendant.

The jurors were Messrs. Thos. Arnold (fore man) A. Denison, J. M. Beattie, F. H.A. Fuchs, R. G. Shewan, R. K. Leigh, and A. Shelton Hooper.

Mr. T. F. Hough's name was called, but he was excused on stating that he was employed on certain Government work, which, if he appeared in the box that day, must be neglected.

The Foreman intimated that before the case commenced the jury would like to have an allowance at the rate of $10 a day each,

This was agreed to.

The petition of the plaintiff is as follows

The plaintiff is a wine merchant trading at No. 12, Queen's Road Gentral, Victoria, in the colony of Hongkong, under the style or firm name of H. Price & Co.

3. The defendant is a gentleman residing in the Portuguese colony of Macao.

3. On or about the 25th day of April, 1900, an agreement was concluded between the plaintiff and the defendant, whereby the defen- dant agreed to grant to the plaintiff a lease of of the following premises for the following periods and at the following rents, namely:-

(1) A godown at No. 11, Queen's Road-Cen tral, Victoria, aforesaid, from the 1st May, 1900. to the 28th February, 1992, ata monthly rent of fifty dollars, free of taxes, and

(2) The premises at No. 12, Queen's Road Central, then occupied by the plaintiff in his said businces of H. Price & Ca, for a term of three years from the 1st day of July, 1900, at a monthly rent of $300, free of taxes.

|

THE HONGKONG TELEGRAPH, TUESDAY, MARCH 5, 1901.

ever, entered into by the plaintiff with the defendant in respect of the said premises, be cause the defendant refused to let the said premises to the plaintiff for a longer period than two years from the 1st July, 1900, and the plaintiff refused to accept a lease for any shorter period than three years.

4. In reply to paragraph 4 of the petition, the defendant denies that there was ever any agrees ment for a lease, written or verbal, between him and the plaintiff which included in its terms the said prantises at No. 13, Queen's Road Central. The admission of the plaintiff into the posses- sion of the godown at No. 1o, Queen's Road (which the defendant admits) were in pursuance Central, and the payment of rent therefor of an agreement confined, in its terms wholly and solely to the said godown. The defendant does not know and cannot admit that the plain. the said godown. If he has, he has so expend. tiff has spent money in levelling and cementing

of the defendant. et his money without the knowledge or consent

the petition, the defendant says that if the 5. In further reply to the said paragraph 4 of plaintiff has expended money (which the defend- ant does not admit) upon the colour-washing and painting of the premises at No. 12. Queen's his (the plaintiff's) office therein, and in extend Road Central, and in altering and enlarging ing the electric light therein, it has not been on the faith of any agreement between the plaintiff and defendant, nor has it been with the knowledge or consent of the defendant that such work has been done or money expended. 6. Lastly the defendant says that negotiations between the plaintiff and defendant for the leasing of the premises at No. 12, Queen's Road lessing of the part godown at No. 10, and for Central, were separate and independentnegotia tions commencing at different dates, depending upon different sels of circumstances, and such negotiations would have resulted in two separate agreements, not in one, at different rents and for different tenus.

Mr. Pollock, said those were the pleadings which had been filed, and he would explain to the jury as shortly as he could the points at issue between the parties, although he was sorry to say that he was afraid he would have thought he ought to put before them general to occupy some little part of their time, but he Ty the details of the case. The plaintif

performance of an agreement which was was asking the defendant for the specific come to between the plaintiff and the de fendant, through the defendant's agent, a man called Chau Shan, for the lease by the defend- ant to the plaintiff of godown No. 10, which No. 11, Queen's Road Central, from the 1st was erroneously described in the petition as May, 1930, to the 28th February, 1902, at a monthly rent of fifty dollars, free of taxes, and also a lease of the premises at No. 12, Queen's Road Central, for a term of three years from the 1st July, 1900, at a monthly rent of $300,

It was also part of the said agreement that the defendant as landlord should pay the sun of sixty dollars in, respect of any painting and limewashing or colour-washing which should thereafter be executed upon the said premises At No. 12, Queen's Road Central, but that any expenditure over and above the said sum of sixty dollars which should be incurred in lime-free of taxes. With regard to the circumstances washing and repairing, etc., the said premises should be paid by the said tenant.

4. The agreement which is referred to in the immediately preceding paragraph hereof was not signed by any one on his behalf The plaintiff, however, relies upon the following six Acts of part performance and each of them as to taking this case out of the Statute of Frauds, namely:-

The admission by the defendant of the plaintiff into possession of the said godown in pursuance of the said agreement.

(2) The acceptance by the defendant from the plaintiff of rent for the said godown at the rates of fifty dollars a month free of taxes, be- ing the rate stipulated by the said agreement.

(3) The expenditure of money by the plaintiff upon the faith of the said agreement with the knowledge of and without objection by the defendant in levelling and cementing the floor of the said godown.

(4) The expenditure by the plaintiff with the knowledge and approval of the defendant upon the faith of the said agreement and of the defendant's said.undertaking therein to pay to the plaintiff the sum of sixty dollars in respect thereof of a sum of eighty-nine dollars upon the colour-washing and painting of the said premises, No. 12, Queen's Road Central

Road Central.

(6) The expenditure of money by the plaintiff upon the faith of the said agreement with the knowledge of and without objection by the defendant in extending electric light in his aid premises, No. 12, Queen's Road Central.

5. The defendant wrongfully refuses to speci- fically perform the said agreement for a lease, The plaintiff, therefore, bumbly prays-

(1) That the defendant may be offered by this honourable Court to specifically perform the aforesaid agreement and to grant a lease to the plaintiff in accordance with the terms of such agreement.

(2) That the defendant may be ordered to pay to the plaintiff bis costs of suit

(3) That the plaintiff may have such further or other relief as to this honourable Court

seem meet.

The defendant's answer is

TIENTSIN. NOTES."" (From the P. & 7. Time)

TIENTSIN, February 23rd, THE SIDE-ARMS MENACE.

in English and Chinese posted at the comer of the alley way in Queen's Road Central These notices remained up for some considerable time. Ultimately, nobody having come forward to offer a better rent than the one the plain- tiff had offered, the agent told the plaintiff that he could have a lease of two-thirds of gosular Court, emphasizes the mischieflikely to The case recently heard in the U. S. Con down No. 1o at n rent of Sigo a month free of octur at any moment from the freedam with taxes. At the same time the agent notified the which soldiers of certain nationalities are plaintiff that lie could not let him have allowed to carry side arms. the godown on three years' lease, but only satisfaction would be felt if soldiers, other than from the 1st May, 100, to February 28th, sentries on duty, were prohibited free patrol of Very general 1902, inasmuch as Messrs. David's lease for the Settlements when carrying bayonets. In the other third would expire on the latter date, the present state of affairs absolutely no the lease for the two-thirds should expire at the this promiscuous fashion, and a very strict and the defendant was naturally desirous that justification exists for arms to be carried in paine time, so that after this the godown might rule should at least prohibit any soldier be let as a whole. The parties having come to so armed from entering any building save an agreement as to the granting of a new lease only in the discharge of imperative duty. for No. 12 and as to the reat to be paid for two- We consider tos, that regulations are needed thirds of No. so, the plaintiff revived a sugges-in regard tion which he had previously thrown out to the fire-arms, which are apparently much nearer at to the possession and use of

three years the defendant should do the premises stray shots about the Settlement are not infre fresh lease in respect of No. 12 for a period of advisable. defendant's agent, namely, that if he took a hand in the grogshops of Taku Road than is As a correspondent points out too, defendant, and afterward called in a contractor up. The agent referred this matter to the quent, and it has more than once seemed pro- to make an estimate of the cost of doing up the the Siege scathless, might yet fall victims to A bable of late that some of us who passed through estimated the cost of what Mr. Price wished to occupation of a place should ostensibly be a premises at No. 12. The contractor roughly bullet in these piping times of peace. Military be done at from $10 to $130. The agent said safeguard and not a menace to the inhabitants that this was too much, and by way of com- thereof, but we regret to say that all the forces promise the plaintiff offered to do the work him. selfifthe agent on behalf of the defendant would ensure this.

are not evidently kept in hand sufficiently to allow him $60, and this the agent assented to. The plaintiff's godown-keeper, a man named We have heard complaints of promiscuous Chun Chi, then went with the agent to David and firing across the Race Course Road; the bullets up the terms of the agreement arrived at. Company's office for the purpose of drawing seem to come from the direction of the villages document was drawn up in Chinese in accord-south of the Settlements. A gentleman taking on the west side of the Taku Road away to the ance with these terms and handed to Mr. Price. The latter, it having been translated to him, wrote a letter accepting the same.. The delen- dant, in December, 1898, notified the plaintiff to pay his rent to his son, who was compradore for Messrs. David and Son, and in consequence Mr. Price, when he wrote agreeing to the docu- ment, addressed the letter to the son. Apart from this, when the defendant's shroff came in to collect the rent, Mr. Price asked him when he was going to let him have his near lense The shroff replied that the drawing up of the lease and paying for the same were Mr. Price's business. Mr. Price dissented from this, as it was not in accordance with the custom of the HOBBED BY COOLIES AT KIOTO. Colony,. Hence the delay which ensued. Mr. Pollock then proceeded to deal with the acts of part performance mentioned in the petition, ad-couraging list of coolie outrages here has at The period of immunity in the long and dis- ding that the plaintiff distinctly informed the defendant's agent of the expense he was incur ring.

A

'The plaintiff's evidence was then heard. not concluded when the Court rose.

The evidence was continued to-day and had

THE PLAGUE.

27

Number of cases reported (Chines

sp till noon of the 4th Other Asiatics a March, 1901 ......

Europeans...... o Other Asiatics o Europeans......。

Total number of cases reported to date...30 Number of deaths reported (Chinese 26

Number of deaths reported |

up till noon of the 4th Other Asiatics o March, 1901

....(Europeans...... a

Chinese

* 3 during the past 24 hours

Other Asiatics, o Europeans......

Total number of deaths recorded in date 29

PROMISCUOUS BULLETS.

quiet constitutional recently in the afternoon at 4-30 heard a bullet sing just over his head, immediately after the passing of three ladies on horseback. We understand that with some of the troops which form the garrison, account is not taken of the number of cartridges served out: if such be the case, one can quite under- stand how a sentry may occasionally wish to relieve the ennui of his guard by a pot shot at bird or beast, especially if such be a parish dog, Still, considering the wonderful range of the modern rifle, we think the men should distinctly be cautioned as to the danger of the practice.

fast been broken, says the Robe Herald of the and ult, and broken in a way that will probably have most damaging effects upon the reputation of this country in foreign lands. A few days ago, there arrived from Manila Major H. B. Mulford of the 39th Infantry U. S. V and his wife, the former having been granted a month's leave of absence on account of it heath: After spending a day or two at the Oriental Intel, Major and Mrs. Mulford went on to Kioto. It was at Kioto that an outrage was committed upon them by Japanese jinrikisha men and others, which appears to have been remarkable not only by reason of the fact that it was quite unprovoked but by the violence displayed.

Having heard that a serious assault had been committed, a Herald representative sought an interview with Major Mulford this morning, was obtained. when full confirmation of the disgraceful affair

We give an abridged account herewith: It appears the Major Mulford and his wite were on their way to Nara, and after being some time in the waiting-room at Kioto station, they started for the platform front which the Nora train starts.

.

of the case, the plaintiff had been for some ime past carrying on business as a wine mer- chaut at No. 12, Queen's Ruad Central, and he January, 1900, under a lease which had been was in possession of these in the month of granted to him of these premises for a term of Number of cases reported (Chinese........ 3 June, 1900. The original rent reserved by that three years from the 1st July, 1897, to the 30th

during the past 24 hours lease was a rent of $200 a month free of taxes, but file landlord made an addition at the back part of Mr. Price's premises and incurred some expenditure in doing that. In consequence it lord that the original rent of $200 free of taxes was agreed between the plaintiff and his land. should be increased to $227.50 free of taxes. That lease of No. 12 was to have expired in the ordinary course on the 30th June, 1900. About the middle of January 1900, the plain- tiff Deard front is gonowe Reeper mat me godown at No. io, Queen's Road Central, premises, being only divided from them by an situate conveniently near to the plaintiff's THE CRISIS IN THE alley-way some 10 feet wide, was to let. The plaintiff went over to see it and proposed to the defendant's agent that a lease shuald be granted to bins for it for a period of five years from the first July, 1900, and that the defendant should also grant him a new lease of his office premises at No. 12 for a period of five years from the

SHANGHAI, March 1st. same date. The plaintiff in fact wanted a new

Shen Tung-He, an expectant Thotai, and lease of his office premises at No. 13 and a formerly the commanding officer of the Ger- lease of the godown' at No. to for a period of had been denounced and exiled to Kalgan in 7 Majorat once shook the man's hand off and man-drilled China Troops at Woosung, who 1899 for not being able to satisfy the Exter-pushed him away, when he again grasped the tioner Kang 1's wishes while the latter was on

Major's arms, and four or five others took hold the tour south extorting, has now, upon a joint

of him.

Kun-yi, been appointed Minister to Gorea vice recommendation of Li Hung-chang and Liz Hsu Sho-peng recalled-New Press.

NORTH.

SHANGHAI

-0-

PEKING.

—0—

Immediately upon leaving the waiting roout had no attention to him, supposing he was and began talking Japanese, but the Major soliciting trade. Mrs. Mulford noticed a num. ber of small groups of men standing around a short distance away but the Major thought

hothing of it.

When about twenty-five feet from the steps leading to the_bridge, the jinrikisha man (who had been walking along behind, talking) pul his hand on the Major's arm, attempting to stop him and at the same time several others surrounded the Major and his wife. The

JAPANESE DUTY ON CIGARS.

at

12

HONGKONG AND WHAMPOA DOCK RETURNS, G.M.S. Hans4`........ The intention of the Japanese government G.M.S. Hertha

Kowloon Doc*. to increase the import duty of 100% to 150% on U.S.S. Isla de Luzon cigars seems to us poor policy, says the Box directed against foreighers, who consume 10% H.M.S. Alacrily...... U.S.S. Bennington ... of Curios-as a fact it appears to be specially U.S.S. Yorktown...... of all cigars imported.

there might be some excuse for a high duty, Chingin..

China

but as they do not, it seems to be an unreason- tion would interfere with the tobacco monopoly | Empress of Japan

If Japan manufactured cigars or the importa- Hainan

to find the cost of living dearer here than at butthose days are gene, and all are dumbfounded

Lekin... able tax. In olden times the tourist was im

Hue pressed with the low prices of goods in Japan.

home, If the thousands of tourists who have away by the high prices asked for everything,Marakolt been in the habit of visiting Japan are driven

sadly missed. Some of the duties are reason the millions of dollars spent annually will be able while others are too high, but even 100% on cigars is ridiculous and 150% will be more.

30.

NOTANDA,

CALENDAR.

MARCH. Meteorological means based on ten years' observations to 1393.

Barometer Thermometer

Humidity Rainfath

.30.141

57.3 .79.0

1.76

TO-DAY.

WEATHER REPORT.

On dat

n date at

101.m.

4 p.30.

30.25

30.13

58

53

DI 60

Barometer.... Temperature Humidity Rainfall...

TO-DAY.

Tuesday, 5th March, 1901. Chinese-15th of 15! moon-of 27th year of

Kwang-su. Sun-sex.....

blr. 20in. .....Chr. 3min. High water-forning.. ....ohr. samin.

Afternoon ...fore. quận Low water-Morning

w... gùr. 10min, Afternoon...... 3hr, 32min. ANNIVERSARIES. 1849-Extinction of the Chinese Custom House

in Macao by Governor Amaral. 1856-Covent Garden Theatre burnt. 1897-Fifty-eight rebels shot at Manila. 1208-Duel between Colonel Picquart and

Henry.

"

TO-MORROW.

Chinese 16th of it mean of 18th year of Tuesday, 6th March, 1901.

6br. 19min. Ohr. guin.

Kwang-si,

Sun-Rises.

Sets

Moon-In Equator 6hr. a.m. High water-Morning.........hr, 17mis, Afternoon... zohr, somin. 1.ow water-dierning qlır. 37min. ́

Afternoon .... ghr. 12min. ANNIVERSARIES.

1841-Hostilities at Canton recommenced, Fort Napier taken by the English. 1862-Five of the pirates contemed in the

barninustaja

1892-Attempt to stir up anti-foreign riot at

Wuchang,

1896-Holstein lost on Cape Varella. 1897-Great fire in Manila; 400 houses burnt, 1898-Treaty between China and Germany

I

repecting Kiachow signed.. 1920-Impending trouble at Tientsin,

Secret Societies are becoming to foreign interests.

AGENDA.

TO-DAY:

Nanyang Avalanchs Ecbert U.S.S. Concord Emma Luykew

Chinopolitan

Aberdean

PARSED THE CANAL

Outward-Sih Febïuary-Aganiemuon, Bon- clench, 12th Feb-Gisela, Japan, Stuttgart, Hudson 15th Feb-Ernest Simon, Hakata Maru, Tantalus, Trust, Astania, Neptune. 2nd Feb-Ajar, Konigsberg, Kiev, Oceanien. 26th Fel-Canton, Sädraon, Konig Albert. 1st March-Atoa Maru, Benledi, “Sıxonia, Kebe.

Homeward-8th Feb.-Dardanus. 12th Feb. -Hitachi Maru. 22nd February-Achilles, Norderney. 26th February--Indus, Sambia, Wakasa Maru, 1st March-Hamburg.

Arrivals at Home-27th February—Gisela, Japan. 2nd March-Sachem, Wakisa Maru, Strassburg,

Shipping.

Arrivals.

SANDAKAN, German sleatner, 4,374, A. Brúnds- letter, 4 Mar.,-Sandakan 27th Feb, Timbe-Melchers & Co. KIAUTSCHOU, German steamer. 6,721, P. Lineschloss, 4th Mar,-Yokohama 25th. Feb., Mails and General-Melchers & Co Formosa, British steaner, 674, A. E. Hodgins, 5th Mat, Tamsui 1st Mar., Amoy 3rd, and Swatów 4th, General.-Douglas, Lap- nuk & Co.

CHARTERHOUSE, British steamer, 1928. U. W

Field, 4th Mar,Moji 26th Feb., Coal Hughes & Hough.

NEWARK, American cruiser, 4,600, McCalla,

5th Mar,Manila 2nd March.. RATI, British steaner, 2,795, Nisbet, 5th Mar.,-Barry 13th Jan., and Singapore 23rd Feb, Conk-Dodwell & Co., 1st. MADAGASC R, British 4-masted barque, 1,997, A. H. Smith, 4th Mar,~from New York,. Oil Standard Oil Co.

PERLA, British steamer, 1,264, R. W. Almond, 5th Mar,Manila 2nd Mar., General- Shewan, Tomes & Co.

NANKIN, British steamer, 2,537, C. J. Benton, 5th Mar,Bombay 14th Feb., and Singa DECIMA, German steamer, 794, C. Christensen, pore 27th, General.-P. & O.-S. N. Co. 5th Mar,-Saigon 28th Feb., Rice. Siemssen & Co. BLENHEIM, British cruiser, 9.000, Henderson, 5th Mar,-Sheerness 13th Jan., and Singa- pore 27th Feb.

1.

Clearances at the Harbour Ofco. Kangwat, German str.. for Bangkok, Clara, German str, for Haihow. Wo Keval, British steam-launch, for Wuchow. Hinsang, British str., for Saigon." Zichi Aapanese str., for Swatow. Pak Kong, British str., for Cargapusti Haitoong, British str., for Haiphong.

Departures.

Man. 5. Hongkong, French str., for Hoihow. Mar. 5. Haitan, British str., for Swatow. Mar. 5, Wingsong, British sir, for Canton, Boxer Mar. 5, Lightning, British str., for Calcutta. amenaceMar 5. Keangwat, German str., for Hangkok.

Mar., Braemar, British str., for Tacoma.

p.m.-Bertram the Great. (The Royal and Imperial Corn Magician) at the Theatre Royal.

TO-MORROW.

Daylight-O. S. K. steamer Akashi Maru leaves

for Const Parts.

Koon-N. D. L. steamer A'iantschou with mails

etc. leaves for Europe. Noon-Meeting of the Shareholders of the

3pm.-Auction of the Race Ponies by Messrs. Hongkong Fire Insurance at the Com- pany's Offices.

they began to ascend, a large crowd assembled reached the foot of the steps, and as soon as By this time the Major and his wife had

on all sides of them, at least one hundred, and eight or ten laid hold of the Major's arms, legs, back and wherever they could catch hold. Although not having his usual strength, the Majorstates, by reason of ill health, yet, through

of elbows, arms, legs &c. to slowly gain a a knowledge of boxing and fencing, gained in academic days, he managed, by a judicious use passage for his wife and himself up the steps, until, on his nearly reaching the top, one of the Japanese, who seemed to be the leader, attempt- considered it time for more effective measures, ed to grasp his throat, when he (the Major) | 9 lime all troops are ready to make a move. and he struck him blow on his face with his

In the Waldersee Street the President of the

left fist that brought blood from his lips añd' Board of the Interior, Chi-hsiu, and the Prenose, knocking him back six feet into the Cheng-yü, have been beheaded. A company sident of the Board of Punishments, Hsu

of execution, which was surrounded by soldiers of Japanese troops brought them to the place of all nationalities. Both looked pale and marched with closed eyes. After the execution the bodies were quietly put inin coffins and removed. A large number of Chinese Manda. rins were present-Der Ostasiatische, Lloyd.

momentary full in the attack and enabled the Crows, at the same time giving another a good low on the jaw. with his right. This caused a Major and his wife to reach the top of the steps, by this time had grown to at least three hun- dred, closed in again and attempted to separate but, while crossing the bridge, the crowd, which

the couple.

Hughes and Hough opposite the City Hall. p.m.-Bertram the Great. (The Royal and Imperial Court Magician) at the Theatre Royal

THURSDAY, 7th.

Noon--Statutory Meeting of the Shareholders

Nann-Meeting of the Shareholders of the of the Hongkong steam Water Boat Co. Lt, at the Company's Office.

Cargo ex Bombay subject to rent

China Fire Insurance at the Company's

Offices.

FRIDAY, 8th.'

Mar. 5, Kong Bepg, German str, for Bangkok, Mar 5, Petriana, British str., for Thoetel. Mar. 5, Amigo, German sir, for Saigon. Mar. Ixion, British str, for Singapore. Mar. 5, Hatloong, British str., for Haiphong,

Passenger Arrived. Per Sandakan, from Sandakan-10 Chinese. Per Farmasa, from Const Parts--36 Chinese. Per Perla, from Manila-Mrs. Jenett, Mrs. Ferrier, Mrs. Blue, Mrs Bradley, Mrs. Carvalho, Mr. and Mrs. Knox, Messrs. Arranz, Alvarez, Evens, Rosenthal, Lyod, Lexy, Bradford, Hori, Tajin, 15 Chinese and 1 Japanese.

Departed.

Mrs. F. Anderson, Mrs. B. Allen, Mrs. and Ter Diamante, for Manila-Messrs. A. Ross, W. Franke, J. F. Hart, Major J. C. Goodman, Miss Godchaux, Messrs. J. Whiting, Gustave Moriarte, Mrs. Chas. C. Lister, Messrs. Chas. L. Solignac, Mrs. A. Deans Cooper, Mrs. A. J. Lister, Jr., A. de Braz, J. W. Hanley, Mrs. Harmsion Love and 3 children, Mrs. Harmstan and 3 children, Mrs. Janson, Mrs. Ajax and child, Mrs. Eldred, Mrs. Bruce, Mrs. Weat herley, Misses Tessic, Dora, Mona, Daisy

Eldred, G. Stuart, G. Harmston, Chas. Hicks, (the Frezagonda Sisters), Messrs. Geo. Cuzco, G. Burns, J. Anderson, I. Ajax, G." R. Altan, D. Alton, F. Alan, C. Birch, Messes. Bruce Janson, Weatherley, Valdzk, Drewitz. Jones, Woghiorg, Cruz, Mr. and Mrs. Rezea,. Messrs, Barthslingo, Aberon, Romdulal, Damas, Augustina, Sainie, Masati, Perera, Karim, Alenyan, Menor, Fernand, Samai, Mantila, Bancora Noorahmid, Machin, T. McMantrie and Ola Larsco..

(5) The expenditure of money by the plaintiff upon the faith of the said agreement with the knowledge of and without objection by the de- fendant in altering and enlarging his (the plain-five years from the first july, 1900. The jury tiff's) office in the said premises No. 12, Queen's would hear when the evidence came to be given that the plaintiff gave the defendant's Agent most clearly to understant that the godown at No, so would be of no use whatever to him unless he could obtain a fresh lease of his rice piomises at No. 12. When he made rent of No. 12 was $127.50 a month, and sug- this proposal the plaintiff mentioned that the gested that if the lease was renewed the rent should be the same as before. The defendent's agent communicated this proposal to the defend- ant at Macao, and then reported to the plaintiff

PEKING, 37th February, 8.55 a.m. that the defendant could not let him have a Lately at various places skimmishes have taken The political situation is very uncertain. lease of the office premises at No. 12 for so long. place. At present no expedition of the allies a term as five years, but that he could let him

is taking place. But the Chinese plenipotenti have a lease for three years, and that he could aries protest against any further expeditions of as he had been paying heretofore. The pixin-sent state of affairs can hardly be expected. not let him have the premises at so low a rent the Allies. An early termination of the pre- mayiff then asked the defendant's agent bow much

Daily conferences are beld, but at the same more rent the defendant expected him to pay, The agent communicated with the defendant 1. The defendant admits the statements in and then reported that an additional $100 a paragraphs and 2 of the petition to be true..

2. In answer to paragraph of the petition pay such a large additional rent, and notified month was required. The plaintiff abjected to the defendant admits that some time in the month of April last a verbal agreement was again referred to the defendant at Macao, sub ile defendant's agent of the fact, and the agent concluded between the plaintiff and the defensequently reporting to the plaintiff that the dant by which the defendant agreed to let to defendant would grant him a new lease for the plaintiff, and the plaintiff agreed to take on No. 11 for three years at $300 a month incluct lease for zz manths from the 1st May, 1900, ating taxes. With this offer the plaintiff closed. a monthly rental of $go, two-thirds of a godown That arrangement was come to some time at No. 1o, Queen's Road Central (incorrectly in the middle of February 1920, but no

Finally, when near the train gate, still sur- : rounded by the mol, who were now keeping Cargo ex Moravia subject to rent. described in the petition ns.at No. 1. Queen's writings of any description.

PEKING, 28th February, 5 p.m. Road Central), the remaining portion of the said changed between the parties. At that time,

beyond arm's length, a policeman (who spoke were inter Another skirmish has taken place to the west godown being in possession of Messrs. David because the parties had not been able to come

some English) saintered up, on which some of of Paptingi. A patrol guard, under the com-the crowd again attempted to take hold of the and Co. The plaintiff has since entered into

SATURDAY, 9th. occupation of the said two-thirds godown and

to terms as regarded the renting by the plain- 200 regular Chinese troops. The Chinese lost stop them, but advised the Major to pay the

mand of Lieut. Knox, was attacked by about. Major.. The policeman made no attempt to Noon-Ordinary Annual Meeting of the Share- has paid rent therefor. The defendant denies notified the plaintiff through his agent that he quickly as possible. German loss nil..

tiff of the godown at No. io, he defendant twenty men and the remainder made off as man, who had his face and hands covered with

holders of the Hongkong.Rope Manu- that he in April Jast or at any time entered could get a higher rent for the godown at No.

facturing Co, Ld, at their offices. blood, sixty sen "to smooth it over" he said. 9 p.n-Grand opening night of the Dallas into any agreement, verbal or written, with Io than the plaintiff was willing to pay. Some- the plaintiff to let to the plaintiff for three where about this time the agent notified the

A skirmish with 180 Boxers has taken place rest the men who had committed the ax Major Mulford requested the Police to arg

Company at the Theatre Royal. years from the 1st July, 19nd, the premises at plaintiff for the first time that the defendant off their retreat and surrounded them. Eighty Japanese official in Kioto in order that he near Tientsin. The allies succeeded in cutting sault and asked to be taken to the highest No.. 12, Queen's Road Central, then in the could not let plaintiff have the whole of the possession and occupation of the plaintiff as godown at No. to, but that he could have two.

were taken prisoners and the remainder were might lodge a complaint. The policeman made his place of business either alone or together thirds of the godown,, the other one-third being

killed.-N. C. Daily News. « with any other premises. The defendant denies required by Messrs. David and Company for

no effort to do anything until Major Mulford threatened to have the matter reported to the that he at any time entered into any agreement their business. He should explain to the jury

A Rebellion in Kansu.

Emperor, when he took the Major over to a to pay the sum of $65, or any sum of money, to that the defendant's son was at that time com- Li Lai-chung, a native of Shapsi, and a pro- station, the man with the blondy face accom The Supao hears that a Boxer Chief named Police captain at a box opposite the Railroad the plaintiff in respect of any work to be done pradore to Mesars. David and Company. A tégé of Prince Tuan and Tung, Fu-hsiang, has panying him. This man's naine was Iwamatsu by him upon the premises at No. 12, Queen's certain amount of haggling took place with rebelled and is only a short distance from Taniguchi, No, za6 of the Kioto Shichijo Road Central, upon condition that the plaintiff regard to the rest of this godown. The agent Lanchou, tapital of Kansu, with some 5,000 Station, Jinrikisha Association. After the facts Noon--P. M. Co.'s steamer China leaves for Newchwang, Whumpon, Thales and Mangkul, paid any further sums to be expended on such asked a higher rent than the plaintiff was work or upon any condition. The defendant disposed to pay. The plaintiff would tell the we learn from elsewhere, kept quietly in informed the Major that he was sorry the did agres with the plaintiff that in the event of jury that all through he stuck to the same offer

men with hostile purpose. This Li Lai-chung, had been set forth the Police Captain calmly the plaintiff taking the said premises upon lease, with regard to this two-thirds of the godown at from the defendant for two years from the said No. 10-that he would pay a rent of 5goa month, returned to Ninghsia, Li at once set up the that could be done. Major Mulford says his Shansi while Tung Fu-hsiang still held office, men bad. been a little rude and that he 1st July last he (the defendant) would at his inclusive of taxes, and no more. One reason flag of rebellion and his purpose is doubtless wife and he were shown no courtesy by but as soon as. Tung was cashiered and had would fine the leader 50 sen, which was all own expense colour-wash the said premises, but why the plaintiff was unwilling to pay a high. to join forces with Prince Tuan and Tung, the officials and were not asked to sit down, would not paint or repair them. The plaintiff rept for the two-thirds of this godown at No.. was then in the occupation of the premises G

Fuchsiang who, it appears certain, will resist to the waiting room at the station and caught to was that inasmuch as only two-thirds of the by force of arms their arrest. tenant of the defendant, under a lease which godown could be let to him he would be comm

although naturally exhausted. They returned expired on the 30th June Last, and was bound pelled to continue to keep on a godown in Dud- Official Confirmation of the Execu-wire to the U. S. Consul at Kobe as follows! by his said lease to keep the interior thereof dell Street which he was renting from Messrs. tion of the Notorious Yu Hsien.

the next train, having taken the precaution to painted and repaired, and to deliver up the Belilios and Co. After a certain amount of sane at the end of his time in a good, clean, haggling between the parties in which the agent A Haian telegram to the local mandarina to-morrow, Major Mulford." Major Mulford Violently assaulted by Japanese mob, Rail road Station; demand damages Particulars tenantable and proper state of repair and reduced the rent to a certain extent but would states that: Ho Fu-kup, acting Viceroy of the adds that both he and his wife had their cloth-

mendment

which the plaintiff had offered for two-thirds of Empress Dowager informing her that Yu not come down to Sgo a month free of taxes Shen-Kan provinces, has telegraphed to theing torn by the mob, their feet trampled upon, the godown, it seemed to have occurred to the Hsiep, the condemned ex-Governor of Shansi, agent that perhaps he could get a better rent had arrived on the 22nd February at Lanchou, than the plaintiff was willing to pay by putting on his way to his place of exile in Kasbgaria, irds of his godown was and way summarily decapitated the same

3 In furtier reply to the said paragraph the defendant says, that in the month of April fast the plaintiff was negotiating with the defendant for a lease of the said premises

Quser Rom Central bat?

--

6.20 p.m.

Daylight-O. 5. K. steamer Maidsuru Maru SUNDAY, 10th

leaves for Coast Ports.

3

MONDAY, fith, p.m.-Annual General Meeting of the Hong- kong General Chamber of Commerce at the City Hall.

TUESDAY, 13th,

San Francisco fa Shanghai elc...

SHIPPING AND MAIL NEWS.

„MAILS - DUE German (Stuttgart) 8th instant American (Doric), 9th instant Indias (Catherine Apcar) izth instant. Canadian (Empress of China) 18th instant. American (Nippon Maru) 19th instant.

and their arms and backs strained, while their Tacoma from Japan and Hongkong on the 3rd: nervous systems have suffered a severe shock

The N. P. Co.'s steamer Olympia, arrived at

Assisted, Major Mulford has made a sworn

∙inst. slatement to Mr. Lyon, U.S. Consul embody. They ing the facts given Bover More willso

steamer Cather

SHIPPING REPORTS.

Capt. R. W. Alimond, of the steamship Perla, from Manila, reports:Heavy N.E. monsoon and mountainous sea:

Captain P. Luneschloss, of the steamship Klautschen, from Yokohama, reports:-Fine weather all the tinte. Only 50 hours from Shanghai to Hongkong

Formosa, from Tamsgi Amoy and Swalow, Captain A. E. Hodgins, of the steamship reports Strong monsoon with clear weather throughout. Vessels in Swatoy: German cruiser Seeadler, s. Sishan, Kwellin, Pethili,

STEAMERS EXPECTED.

Names"

Tomorrow

Kawachi Maru...Shimonoseki Tosa Maru......Slumonoseki Stuttgart Singapore "Dorit -

Japan Catherine Apcar... Singapore Empress of China, Vancouver Mar 15th Nippon Maru... San Francisco Mar 19th

We would darocs the attention of Hipring Semi #tyla in whicht!! Kenájmová šikparted"and Projects Tro wine Pubill in thu phu dai and in so t

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