1901-10-01 — Page 3

LEGAL INTELLIGENCE.

SUPREME COURT

IN SUMMARY JURISDICTION.

(Befare His Honour T. Sercombe Smith,

Acting Puisne Judge).

September 30th.

ROSSELET AND CO. . THE GODOWN CO. The plaintiffs, J. Rosselet and Co., marchants, sued the Hongkong and Kowloon Wharf and Godown Company, Limited, for the sum of $276, damages for the non-delivery by the defendants to the'plaintiffs, in January, 1500, of twelve cases of Bass and Co.'s Pale Ale, the property of the plaintiffs, at $23 per case. The hearing took place on the 26th ult. The judg- ment is as follows:-

In August, 1899, the Nippon Yusen Kaisha 5.4. Sad Maru arrived in this Colony and dis- charged thirty cases of ale and stout into the Kowloon Godowns of the defendant Company. The shippers were Hannams, Lid., who shipped under a bill of lading. made out to "order." Hannams, Ltd., endorsed the bill of lading in blank and sent it to the plaintiffs, who, were consignees of the ale and stout in question. The plaintiff obtained the countersignature of the agent of the' Sada Maru to the bill of lading, which was endorsed by Rosselet & Co. and presented to the défentlarit Company and retained by that Company. Up to 26th August, 1899, eighteen of the thirty cases had been removed by the consignees. On that date the consignees received from the defendants a short delivery note for the balance of 12 cases, ile 20th January, 1900, the plaintiffs sent to take delivery of this balance, but were informed that it had been sold by auction. The short delivery note was then put into a safe, where is slipped under a drawer and was not discovered till the beginning of April, 1991. This accident is the reason why an action was not brought. earlier.

On

The present action is brought upon the short delivery note of the 26th August, 1899, to recover $276 damages, being the value of 12 cases at $23 a case, for non-delivery on demand made on 20th January, 1900. A variety of de- fences, as unexpected as they were unsound, was advanced. First, it was set up that there was no contract contained in the short delivery note, because there was no consideration for the promise to deliver to the holder of it

The plaintiffs parted with their bill of lading or document of title to goods in return. for the short delivery note: that was a consideration, and if necessary, an implied promise to pay

storage dues could be added as a consideration. The defence of negligence also fails, for there was no voluntary acquiescence of the plaintiff in the infringement of their rights by the defendants: it was merely the loss of the short delivery note which delayed action being taker, Then it was said that plaintiffs were out of time and could not bring an action on the con- tract. This was said in reference to the phrase "del. up to 22nd September, 1899," which appears on the face of the short delivery note. Other short delivery notes put in show that this, in fully is "deliver up to 22nd September, '1899)" and not "delivery up to aznd September, 1899" The former phrase is an order. the latter phrase is a promise. The construction which the Court places on "deliver up to 22nd September, 1899" is that is a direction to servants of the Wharf and Godown Co. and is not an integral portion of the short delivery note, If that construction is wrong and the phrase is to be construed as equivalent to" delivery will be given up to 22nd September, 1899," and is to be viewed, as contended, as a condition precedent, I observe that this is a condition which is to be fulfilled, by the defendant Company and one which, if rot enforced by the plaintiffs, becomes a mere warranty giving rise to an action for damages, but does not operate to discharge the plaintiffs. If the phrase means "delivery is to be taken by 22nd Sep, tember, 1899, it is also fclear that, if it was a condition precedent, the defendants have by. their conduct allowed it to deteriorate into a mere warranty sounding in damages, and that this does not operate to discharge the defen- 'dants.

Having regard to the practice of the Wharf and Godown Co. to keep goods four or five months, and to the wards themselves, it seems to me to be impossible to make the words " del. up to zand September, 1899," read as if they meant, "We give you up to the 22nd Septem- ber, 1899, as the limit of time fox clearance; if you don't clear within that time, we shall dis. pose of the goods as we see fit." I feel almost sure that the defendants did not mean this, and I am sure that the plaintiffs would not have contracted on such terms.

As regards the poilt that delivery was te be taken within a reanable time, I think not only that the demand of the 20th January, 1900, was made within rejonable time, but also that no idea that the bods had been kept for an unreasonable time ad occurred to the defen. dants, otherwise de warning would in fair play have been given the plantiffs,

If this action for lamages for breach of con- tract to deliver hadailed, it would be surpris ing if the defendant were not liable in conver sion as well as upomin implied contract created by the relation of te parties.

The plaintiff at kable to the defendants for Só storage, this will be set off against by the sum of $27/claimed.

The result is hat judgement will be for Plaintiffs í

for Szoand costé, which, I am sorry, cannot be agboween solicitor and client, be cause this isnt datter of equitable jurisdiction.

Mr. F. B. Leaon, solicitor (Messrs. Deacon. and Hastings, ppeared for the defendants; and Mr. J. lay, solicitor (Messrs. Johnson, Stokes and baser) for the plaintiffs."

20. för SNOW'S ́and-BUCK«

TEN ALL AMand HECHT'S BOOTS and

SKOBS

THE HONGKONG TELEGRAPH, TUESDAY, OCTOBER 1, 1901.

A REPORTED BIG DEAL IN LAND

AN UNFOUNDED RUMOUR.

It was currently reported in town to-day that the North German Lloyd folk hat purchased the property of Messrs. F. Blackhead & Co. at Kowloon Point, for $350,000, that the papers dealing with the property had been sent home to Germany, and that wharves and godowns would be erected on the property for the ac- commodation of the North German Lloyd vessois,

Upon enquiry at the office of Messra. Melchers & Co., to-day, we were informed that there was no foundation whatever for the

Titmour,

THE PLAGUE,

Number of cases reported (Chiness.....$61 up till noon of the 30th Other Asiatics 54 September, 1901

Europeans31 រ (Chinese Number of cases reported Other Asiatics of during the past 24 hours (Europeans........ 0 Total number of cases reported to date 1,647 Number of deaths reported (Chinese......1,526 up till noon of the 30th Other Asiatics 36 September, 1901

Europeans......12 Number of deaths reported (Chinese

during the past 24 hours

Other Asiatics Europeans......

Total number of deaths recorded to date 1,575 Since noon on Saturday last the cases and deaths are

Cases Chinese

H

Other Asiatics European

Total

Deaths Chinese ........

#

Other Asiatics

Europeans

Total

3

The plague returns for last week were :-

Cases

Deaths..

CHINESE AND HAWAII.

*STRINGENT IMMIGRATION LAWS.

3 3

PRINCE CHUN.

AN INTERESTING INTERVIEW.

ROME, 20th August. While Prince Chun, on board the Buyerm was at Genoa, a representative of the - Cargiere

della Sens, of Milan, had a brief interview with the Prince, and an even more Interesting con versation with Earon Rauch, who was travelling with the expiatory mission on behalf of the German Government.

• Intimations.

UNION INSURANCE SOCIETY OF

WADICANTON, LIMITED.. M

NOTIOR TO SHAREHOLDERS.

[OTICE is hereby given that the

N TWENTY-EIGHTH ORDINARY YEARLY MEETING of the SOCIETY will be held at the HEAD OFFICE, No. 1. Queen's

roth October, 1901, at Noon, for the purpose Huildings Hongkong, on THURSDAY, the of receiving the Report of the Directors ta gether with the Statements of Accounts for The year 10 and for the half year ending the 30th June, 1901, and of declaring Divi dends, cic.

Baron Rauch, a nephew of Count von Waldence, pointed to the fact of Germany, alone among the Powers, fixing a garrison of 2,000 men at Shanghai, without England ven-

The TRANSFER BOOKS of the Society turing to protest, as a proof of Germany's lead-will be CLOSED from the gath September to ing position in the Far East.

10th October, both Days inclusive.

By Order of the Board.

Now, he said, Germany has garrisons at Pekin, Tientsin, Taku, Shanghai-Kwan, Shang- hai-in all, 12.000 men, not counting the strong garrison at Kiao-Chan

W. J. SAUNDERS, Secretary. Hongkong, 19th September, 1007.

CANTON INSURANCE OFFICE, LIMITED.

Baron Rauch does not think that the present mission will serve'ns a peg on which to hang commercial treaties in Germany's favour, but he foresees that it will arise and consolidate Ger-E many's prestige, as it will probably appear to the Chinese in the light of an act of homage.

In this connection, however, it is to be noted that the Baron states that the reception at Berlin will take place under the forms of European etiquette. Prince Chun will therefore be,exempted from the nine genuflexions which the etiquette of the Chinese Court requires, and will meet the German Emperor as an equal, The expiatory character of the mission must therefore necessarily be lessened in the eyes of the Chinese. Before the solemn reception Prince Chun will have a private interview with the Emperor, the interpreter alone being present.

...

GERMANY MAY PLAY CHUN.

If, says the correspondent, Baron Rauch's thought reflects that of his uncle, we must sup- pose that Marshal von Waldersee looks upon Prince Chun as a possible candidate to the Dragon throne. This would explain much; for instance, the German Consulate at Genoa flying the Chinese flag, and Germany's sweet reasonableness after last year's furies.

Baren Rauch does not conceal the probability of Chun's accession, if the Chinese Court per-

marks the correspondent, if it came ́about through Germany's agency, would be for many Powers interested, as well as for China itself, worse than the Emperor's permanent residence at Singan.fo.

The United States Commissioner of Immi-sists in not returning to Pekin. But this, re- gration in Victoria, B.C., Mr. David Healy, bas received advices from Washington con taining the opinion of Attorney-General Knox in answer to the question plared before the Treasury Department some time ago as follows. Is there any statutory provision to prevent the entrance into the territory of Hawaii of China men now legally resident in the United States?"

Summed up in brief the opinion of the attorney-general as given is that "Chinamen now resident in the United States, duly regis- tered as labourers, are entitled to admission at the ports of the territory of Hawaii."

This opinion is based to a great extent on the accepted constitutional fact that the right to be and remain within the United States carries with it the right to pass into any portion thereof

One peculiar phase of the question, however, arises from the fact that no hinese may return to the States after having left them to enter the territory of Hawaii. The reason for this is that the resolution of annexation of the Hawaiian islands provides that "there shall be no further immigration of Chinese into the Hawaiian istands except upon such condition as are now or may hereafter be allowed by the United Stales, and no Chinese by reason of anything herein contained'shall be allowed to enter the United States from the Hawaiian islands,?

On account of this latter condition, it is pre sumed that Chinese immigration into the islands will not assume alarming proportion, for how ever much the Chinamen may look with fayour toward the palm-fronded shore, it possesses no allurements when the door to the United States labour field is open to him.-The Vancouver Daily-Province. »

SPREAD OF MOHAMMED ANISM

IN THE PHILIPPINES.

The Vancouver Daily Provence says that: Christian missionaries are greatly alarmed by the rapid spread of the creed of Islam in the Philippines and fear is expressed that the Mo' anmedan religion may conquer the islands. The zeal of the Moslem missionaries, is wonderful and the results of their work are astonishing.

The comical feature of the interview was supplied by Li-Hsi-Ming, who remarked to the correspondent: "The Earopeans are very kind and pacific here in Europe, but he paused, as though he feared to hurt his hearer's feel- ings. The correspondent finishes the sentence for him-" out there they were not so"!

TORPEDO DESTROYERS LEAVING FOR CHINA.

The torpedo destroyers Virage and Sparrow- hawk have received orders to proceed to China from the Pacific Station and are being made? ready at Esquimalt. The boilers of the Spar rowhawk are being repaired, and the staff of the shops of the navy yard are working overtime to hurry the work. Either the cruiser Amphion or Pharton will be, detailed to convoy the terpedo boat destroyers to the Orient for the little four-funnelled boats cannot carry sufficient coal to make the trip.

SEA SERPENT STORY.

While steaming from China to Victoria B. C. the Glenogle experienced a typhoon off the Japan coast, and upon her arrival in port the following story of a sea sepent was related to a Vancouver reporter by the passengers and crew.

You tell him how we saw it dis" said the doctor, "No," whispered the mate, "let's tell him its aboard yet,”—and so it was. They came upon the reporter and to him they unloaded the story

"Yes," continued the mate, "we had a hard time in getting it on Board, but with the aid of the whole ship's company we finally did, and we got it friced up-and here the doctor took up the yarn-yes, and it stretches almost from the foremast to the mainmast,"

With pad in hand the reporter hurried forib. It was the dull,"big gooseberry season," and he had the scoop of the century, a real sea serpent, first time one had been ever taken, and in last evening's paper appears the following in this. regard

Of the eight Moslem missionaries in Manila. three are Americans, three Filipinos and two "Stretching from nearly one mast- to` the Malays The American Moslems are thoroughly other of the big ship was a prize souvenir of the conversant with American affairs, the Filipino voyage in the shape of what the crew call a sea moslems with Filipino affairs and the Malay, serpent. The monster was found off the coast moslems with affairs in Singapore and India, of Matsui Island, where the ship took shelter whence the funds for the mission are derived. out of the fury of typhoon blast. It is said to The head of the mission is Emin Nabokoff, resemble very much the serpent caught in the a native of Russia and a brother of the Russian Atlantic of which a picture recently appeared captain who, with a number of companions, in a number of magazines." was executed in Bulgaria about fifteen years ago for invading Bulgaria in the same way as Dr. Tameson invaded the Transvaal

will be the main weapon of the missionaries. The Islamic doctrine that interest is robbery

Owing to the usurious Spaniards this weapon can be wielded with enormous effect in the islands. It was the custom of Spaniards to charge cnormous rates of interest on loans in the Philippines.As high as 1,000 per cent, a year was charged and an average rate of to per cent, a month.

Labour was taken in lieu of money in the payment of interest, and children were con- sidered as security in many cases. There are numerous instances of families for five gonera- tions working for Spaniards to pay off a loan When the United States took possession of the islands there were 100,000. Filipines who were required to give from sixty to one hundred days' labour out of every year to Spanish usurers.

"and it is still six months to April Fool's Day,"

The Glenogle is from China-it is not known: story are from; but it is usual to refer to all where the creators of this latest ses serpent

men who see sea serpents as "gentlemen of the highest character for vamcity and men of first class standing in the community, but as for men who bring sea serpents as part cargo of ocean liners, and Tell credulous re- porters about them, they are otherwise spoken of-but they enjoyed the joke and have mailed many marked copies of a certain evening paper | to their friends.

The Glenagit has not had her high pressure cylinder repaired yet, and was sixteen days in going across. She brought a large cargo and landed 150 tons here. Among PRIST engers were M. Goldsmith, a St. Paul official of the N.P.; Mts. J. Dubois, of New York; W C. Haughton, M. S. Fox and .GA Herstand. 1. S postal employees returning from Manila. DTTAM & CO. for the LATEST SHAPER

OTTAM & Cols LATEST SHAPES SOFT FEUT HATS.

LINEN COLLARS:

(9160

NOTICE TO SHAREHOLDERS. THE

TWENTIETH ORDINARY GEN- ERAL MEETING of SHARE- HOLDERS will be held at the OFFICES of the Undersigned at 12 o'clock (Noon), on THURSDAY, the 17th October.

The TRANSFER BOOKS of the Company will be CLOSED from the ged to the 17th October, both Days Inclusive.

.

JARDINE, MATHESON & CO.

General Agents, CANTON INSURANCE OFFICE, LIMITED Hongkong: 25th September, 1001. CHINESE IMPERIAL GOVERNMENT 7 PER CENT SILVER LOAN OF 1886, E.

1

[10580

30th HALF-YEARLY DRAWING. TNTEREST DUE and DRAWN BONDS of this LOAN will be PAYABLE at the OFFICES of the CORPORATION on or after the 30th SEPTEMBER, 1901.

LISTS of DRAWN BONDS can be obtained on application to the Undersigned.

For the HONGKONG AND SHANGHAI

BANKING CORPORATION,

Agents issuing the Loan, T. JACKSON,

Chief Manager. (16650

Hongkong, 28th September, 1901,

WAFTED.

N EXPERIENCED LADY MANAGER A fir CRAIGIEBURN HOTEL

Apply by Letter, stating experience and enclosing copies of Testimonials, &c, to

THE MANAGER,

CRAIGIEBURN HOTEL Hongkong, 8th August, 1901.

[852c IMPERIAL BANK. OF CHINA.

WANTED:

Intimations.

RAINIER BEER

The Strong Chain

of evidence of satisfaction that comes from each. new place in which

·RAINIER BEER

sis introduced, proves its mérit. The three points in

its favor are purity, wholesomeness and a better, flavor than any other-beverage.

SOLE AGENTS

A. S. WATSON & Co.,

LIMITED,

THE HONGKONG DISPENSARY.

Hongkong, 21st September, 1901.

BREWER

[1028c

Co.

Sandow's evelopers, Anglo-Egyptian, Sultan, and Pacha Cigarettes, ".

A large variety new stock Indian Cigars, Ball Pointed Pens,

Waterlow, Commercial Pén, Eusterbrooks Falous Stub,

Relief and other Pens, Typewriter Papers,

Carbon Paper, Ribbons, &c.

Playing Cards, Poker Chips, &c.,

Briar Pipes, Silver Mounted Cases, &c: · Badminton Tennis, Cricket Gonis, &c., &e.

Hongkong, 28th S. picimber, 1901, *

[6.Agc

PETER SYS' WONDERFUL SPECIFIC. HB only remarify at present known as an INFALLIBLE and PERMANENT CURE for TSPUR, SENTRY, DIARRHEA, HEMORRHAGE and ULCERATION

of the BOWELS.

by

Recommended by some of the Chief Specialists of the Medical Profession. Sold retail by all Chinists and Wholesale

THE PETER SYS COMPANY,

-{Proprietors and Sole Manufacturers)

9, Old China Street, Shanghai.

12th October, 180%.

far

AN EXPERIENCED MAN of business to

Act as COMPRADORE from next THE VICTORIA DISPENSARY, China New Year.

Full Particulars can be obtained on applica- tion to the Undersigned.

By Order of the Board of Directors,

E. W. RUTTER, Manager. Hongkong, 30th July, 1901.

THE

(812€

HONGKONG.

ÆRATED WATERS.

SIMPLE RATED WATER.

LEMONADE.

ROBINSON

PIANO CO., LIMITED. 755c)

BEST VALUE IN

PIANOS.

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MONTHLY PAYMENT

Hongkong, 19th August, 19or

NEW VICTORIA HOTEL, ROTISSERIE,

Meals a la Carte,

15710

CHOPS, STEAKS, etc., etc, at any time,

between 7.30 a.m. and 11 p.m. Monthly Tiffin at Moderate Bates,

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[958c

CARRY IN STOCK FULL LINE OF "GERMINAL"

MANILA CIGARS,

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SARSAPARILLA,

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GINGER ALE.

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KRUSE

17330

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1959 CIGAR MERCHANTS

JUST RECEIVED. FIRST SEASON'S CONSIGNMENT -of- AMERICAN, ASPARAGUS & DESSERT

-- FRUITS, ALL KINDS, Apply to

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[667c

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JUST UNPACKED.

[641c

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[34 MEE CHEUNG,

PHOTOGRAPHER, TOP FLOOR OF ICE HOUSE, IN Tea House Rond,

Snow in a position, in his New and Com

modious Premises, to eclipse, as heretofore; ALLPHOTOGRAPHIC ART PRACTICED in the Colony or in any part of the Far East

TIGROUPS AND VIEWS wheel specialitypages Hongkong, sand September, 1898,

AND

TOBACCONISTS

Fancy Goods of every description.

COLUMBIA BICYCLES.

SOLE AGENTS FOR

Welsbach Incandescant Gasburners.

Hongkong, zad September, 1901.

UNTOUCHED BY HAND.

[9546

MELLIN'S

For

INFANTS

FOOD

and INVALIDS. When prepared is similar to Breast MIIK

KLIKS FOUD WORKS)":