1902-04-28 — Page 3

WWF ASSAULT AT ARMS.

very pleasant aftemoon was spent last Saturday when the Royal Welch Fusiliers gave an asault at arms on the New Parade Ground in the presedite of a large number of people. The programme had been arranged with considerable care and evidence of the excellent training the men had undergone was apparent in the manner they carried out their work. The Officer Administer ing the Government (H. E. Major General Sir W. Cascoigne K.C.M.G.,) and Lady Gascoigne wers among those present with many of the leading citizens. The Regimental band was in attendance and discoursed sweet music during the proceedings.

Brief results of the performance are appended

Bayonet Fighting Company teams of 4 men

under Instructor

HEP Co.'s Team under Cr-Sgt. Palmer...

HCo's Team under Sgt. Baston... Bayonet Exercise Company teams of 20 men

under Instructor :—

ME" Co.'s Team under Cr-Sgt, Palmer... !. "A Co.'s Team under Cr. Sgt. Keating..... Free Gymnastics. Company teams of to men

under Instructor any team

"F" Co's Team under Sgt. Gayalt "E" Co.'s Team under Cr-Sgt. Palmer.... Tug-or-War-Company teams of to men "A Co.'s Team under Cr-Sgt. Keating... H” Co's Team under Cr.-Sgt. M Murphy Physical Drill Company team of do men

under Instructors

"C" Co.'s Teams under Cr.-Sgt. Glazebrook "A" Co.'s Team under

under Cr Sgt. Keating.

On Friday evening, a very pleasing function took place at the Union Church on the occation of the approaching departure of the Rev. and Mrs. G. J. Williams for home. The couple were the happy recipients, offa carved black wood writing desk, a black wood chair, an ipkatand with silver battle from the soldier and sailor. members of the Christian Endeav. Our Society, and also an illuminated address. Surmounted by a photograph of the Union Church, besides a silver glove box a silver rose-bowl, on a black wood stand from the Ladies Committes of the Society. The Rev. G. J. Williams preached a farewell sermon yesterday morning before a very big congregas tion. The best wishes of a large circle of friends go with Mr. and Mrs. Williams on their departure from the Colony,

THE HONGKONG TELEGRAPH, MONDAY, APRIL 28, 1902.

BAROUFSKY'S VAUDEVILLE

COMPANY.

The above talented company announces that they will give a farewell performance at the City Hall to-morrow night, when new features, consisting of dancing, singing, tableaux, con; cluding with a pantomime, entitled.. "A Girls Boarding School," will be given-The above Company gave a very successful performance at the Chung Hing Theatre last before a large crowd of Celestials, ・・

LEGAL INTELLIGENCE,

SUPREME COURT.

IN ORIGINAL JURISDICTION.

Intimations.

SANITARY

BOARD

Intimations.

INCANDESCENT GAS LIGHT.

The attention of consumers is drawn to the fist that the Undersigned, being Sole Agents for

DR. AUER VON WELSBACH Co.,

INVENTORS OF INCANDESCENT

VIENNA,

GAS LIGHT.

ARE SELLING THE ONLY GENUINE MANTLES, The Price of which has been reduced to FIFTY CENTS per piece. BEWARE OF INFERIOR IMITATIONS!

KRUSE & Co.,

that His Excellency saw no necessity for con- tiaping the correspondence with regard to the claim which had been going on for many years The result of the correspondence not proving satisfactory in the plaintiffs they obtained on. 13th March, 1932, the Rule Nisi (which has been a Division of the City of Victoria WNERS of HOUSES situated in, the mentioned) calling upon the Attorney-General and in the Westem Division of Kowloon, to show cause why they should not have leave who have not had their Premises LIME- to appeal (the words of the Code are "special WASHED and CLEANSED in accordance leave") from the judgemen of Sir John Car- which this work should be FINISHED ends THE

with Law, are reminded that the period during night,rington, of 1st December, 1900. The notice of on the 30th day of APRIL, 1902, and the motion was filed 17th February, 1901. It may Sanitary Board being convinced of the necessity have be observed that the present Code of of cleanliness in its efforts to stamp out Flagae, Civil Procedure in Hongkong is Ordinace No. owner in default after the above named date.

is determined to rigorously prosecute any 5 of 1901, the former Code of 1873 having been repealed by Ordinace No. 6 of 1891. The Gods of rgar was passed on 12th March, 1901, and rame into operation on 1st July, 1901 (see Section 711). By Section 710 it was provided that it was to apply so far as might be practic- able to all proceedings taken after it came into operation in all causes and matters then pending. It way be added that Section 478 relating to the mode of preferring claims against the Government of the Colony is similar to Section 83 of the former Code of 1873 previously referred to. The question the Court has now to decide is whether the plain- tiffs should have leave to appeal to the King in Privy Council from the refusal of the Full Court to grant special leave to appeal. doubt, the courts have held that, w

Before His Hon. W. Weigh Goodman (Chief "Justice) and His Honour, T. 'Sercembe

Smith (Acting Pulsne Judge). April 26th.

HOWARD AND STEPHENS V. THE ATTORNEY-GENERAL

Plaintiffs asked leave to appeal to His Majesty in Privy Council from a decision of the Full Court on 14th March, refusing to grant plaintiffs special leave to appeal to the Full Court from a judgement of Sir John Carrington delivered on 1st December, 1900. Mr. M. J. D. Stephens, solicitor, appeard for the plaintiff's The Attorney-General was not present.

After hearing arguments adduced by Mr. Stephens.

1

SPECIAL LEAVE to appeAL

:re

No

The Central Division of the City lies between Garden Road on, the East, and Morrison Street and East Street on the West. The Western Kwloon Peninsula to the West of Robinson Division of Kowloon is all that part of the Road and includes Tsim Sha Tsui, Yau Ma Ti, Mong Kok Tsui, Tai Kok Tsui and Sham Shui Po.

By Order of the Board,

Sanitary Board Office,

༈

G. A. WOODCOCK, Secretary.

[399d

1st April, 1902. THE "STAR" FERRY COMPANY, LIMITED.

or One Handred and Twenty-four THE SHARE CERTIFICATE No. 219 Shares Numbered 19332/455 inclusive, standing

9540]

CONNAUGHT HOUSE".

W. BREWER SLAZENGER'S TABLE TENNIS $7.50 & $10.

(Vellum Rackets).

New Stock.-Tennis Rackets.

Tennis Balls. Tennis Nets.

in the Name of LAR SIN SANG, of 61, lionham New Stock.-Gentlemen's Black

Secretary.

14734

NOTICE, CELEBRATION OF THE CORONATION OF THEIR MAJESTIES THE KING AND QUEEN,

THE following Programme for the Celebra

tion of the orgnation of Their Majesties. has been drawn up by the General Committee appointed by 11.E the Officer Administering the Government for this purpose.

That THURSDAY, 26th JUNE and FRI- DAY. 27th JUNE, be kept as PUBLIC HOLIDAYS in the Colony.

Strand West, Victoria, Hongkong, having been LOST, Notice is hereby given that unless the said Certificate be produced at the OFFICE of HAS. UREN REFUSED,

the Company, No.2, Connaught Road, Victoria, the Court of Appeal has no jurisdiction to hear Hongkong, before the 30th April, 1902, a The Chief Justice said-This is a petition of an appeal from such refusal. It was so decided will be issued and the ULD CERTIFICATE NEW CERTIFICATE for the said Shares Mr. Thomas Howard apd, Mr. Matthew John by the Court of Appeal in Kay Briggs, inwill thereafter be held by the Company as Denman Stephens, the plaintiffs in an action 1189, Vol. 22, Queen's Bench Division, p. 343. NULL and VOID. brought against the Attorney-General of Hong- Similar decisions are Lane and Another v.

EDWARD OSBORNE, PRESENTATION TO THE REV. G. kong, asking that they may have leave to appeal Esdalle and Another, 1891, Appeal Čases, p. 210

J. WILIAMS.

to His Majesty the King in Privy Council, from when the House of Lords declined to entertain

Hongkong, zzad April, 1902. a decision, which they call in their petition such an appeal, and in the matter of the judgement, the Fall Court of this Housing of the Working Chasses Act. 1890, Colony, delivered on the 24th March, 1902, ex parte Stevenson and others, where the the effect of special leave to appeal to the Court of Appeal upheld a decision of the Full Court from a judgement of Sir John W. Divisional Court to the like effect. In the Carrington, the then Chief Justice of Hong-ordinary course of things, therefore, a Court of kong, delivered on the 1st December, 1900. Appeal will not entertain an application to The decision of the 24th March, 1902, appeal from a decision refusing special leave discharged a Rule Nisi had been obtained by to appeal. The reasons for this are fully set the plaintiffs on 13th March, 1902, calling upon out in the opinions of Lord Halsbury, the the Attorney-General to show cause why they present Lord Chancellor, and of the late Lord should not have such special leave to grant Berachell, in Land v. Esdaile in the House of such leave, It is from this refusal that the. Lords. It must be bome in mind that Section plaintiffs now desire to appeal to His Majesty 606 of the Code of Civil Procedure, 1901 is in Council. It will conduce to clearness if taken (as appears by the marginal note) from matters are 'set forth. On zand November, then Order 58, rule 15, of the English Orders and Major-General Black, C.B., the Officer then Rules, although, the period of 6 months is fixed Administering the Government of this in all cases as the limit of the ordinary right Colony, awarded a sum of $15,000, under to appeal to the Full Cour: from any decision Section 7,sub sec. VI, of the Praya Reclamia of the Court, instead of the times mentioned tion Ordinance, 1889, by way of compensation in the English Order and Rule.. Lord Her for any jujury sustained by the plaintiffs, schell, in the opinion I have mentioned --"It At about one o'clock yesterday, the fire ball Howard and Stephens, by the reclamation cannot be doubted that the object of the 15th rang and denoted that a fire had broken outworks carried out under the authority of that rule of the 58th Order was to make the judge- in the Central part of the town. It was soon Ordinance.

ments, after the lapse of a year,' discovered that No. 73, Jervois Street was in a merry blaze, and being fanned by a strong breeze soon spread to the adjoining houses on both sides, vis No. 71 and 75. The fire Brigade, under Acting Deputy Superintendent Mackis and Mr. Macdonald, soon arrived on the scene and succeeded in confaing, the con- flagration to the houses. The flames also caught hold on No. 17 a Burd Street situated at the back of Jervois Street, During the operations P. C. Arit and a Chinese fireman were slightly injured by the falling debris

FIRES IN HONGKONG.

and were taken to the hospital. The cause of the fire is at present unknown. The premises were entirely gutted, and were insured for $11,5op, on the Fook On Insurance Company An alarm of fire was also raised on Satur day night, and the outbreak was found to be in the Victoria Barracks. The fire was easily extinguished by the occupante Very little damage was done, t

THURSDAY, 26TH JUNE.

at io.30 AM. a Meeting be held of the Executive and Legislative Councils, at which Chamber, when a telegram to HM the King invited guests will be present, at the Council

will be voted.

At 11 A.. a Service to be held at the

Service at their Cathedral on the same day. Cathedral. The Catholics to be invited to hold

P.M.; to be followed by a musical performance Review of Troops at the Happy Valley at 5

A Chinese Flower Show to be held on the Praya in front of the Market during the two days.

FRIDAY, 27TH JUNE.

stering the Government at the Council Cham

At r A.M.. an Addr, se.or Addresses to be presented to His Excellency the Officer Admin- ber or Government House to be presented to Elis Majesty the King,

King's Park, Kowinon

At 5 P.M. H. E. The Officer Administering the Government will turn the first sad of "The Launches will run

Soldiers and Police in the Colony to enable A donation to be given to the British Sailors,

them to have a special dinner in honour of the

occasion, or in place of this a memento of the Coronation (in the form of a medal) will be given to them as may hereafter be decided by

the Committes.

SATURDAY, 28TH JUNE.

the City Hall to the wives and families of the At 4.30 P.. a Tea with music to be given at Sailors, Soldiers and Police; also to the children of the iocesan School, the French and Italian Convents and the Baxter School.. His Excellency the Officer Administering the On leaving, each child will be presented by Government with a Coronation Medal.

and Shoes.

Hongkong, 23rd April, 1902.

Hongkong, zoch juny, 1401.

Kid Boots

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* THE PLAINTIFFS, NOT BEING SATISFIED with that award, brought a petition against the Since this opinion was delivered the period

PRACTICALLY FINAL. Attorney-General of the Colony under the has been reduced to 3 months.) "It is clear provisions of Section 83 of the Hongkong Code that some time must be fixed at which the Procedure, 1873, at that time in force. (Ordin. right of appeal should cease, otherwise parties ance No. 13 of 1873 Section 83 provided would never know what their rights 'were that All claims against the Government of and there would be the Colony of the same nature ar claims people being safe in dealing with the fruits no possibility of within the provisions of The Petitions of of a judgment, because the judgment from Blake Pier to convey the Public to clie in its Narunat Campostc Acid Gas of the Hirano Spring of logo Ken, A natural clear, sparkling and, effervescent Mineral Water, bottled. Right Act, 1860, may," "with the consent might be still subject to appeal. But then it ground. of the Governor, be Supreme Court in a spit instituted by the circumstances in which the Court of Appeal Private individuals join in the illumination. QUALITY.

preferred in the was thought that there might be special and the Shipping Com-

At 9 pat, the town will be iluminated. Japan. It mixes exallently with Wyse or Sets, and is PERMANENT. IN claimant as plaintiff against the Attorney-night relax that rule and consider that, not- General as defendant." That petition was withstanding it, an appeal should be permitted. and/or Parade Grounds. A Fish Procession Fireworks will be exhibited on the Cricket filed on 21st December 1899, and claimed to have the award in question wholly set aside ded to be entrusted, to their discretion; and be displayed in the harbour and/or op I think that the matter was entrusted, as inten-will pass through the streets, the route of which will be notified hereafter, Fireworks will also and declared by the Court to be wholly null that the exercise of a discretion of that sart en Blackhead's hilt and void and of no effect? It is not necessary trusted to them is not, within the true meaning for the Court, on this occasion, to give any of the Appellate Jurisdiction Act, an order or opinion on the question whether proceedings judgment from which there can be an appeal." of this kind come within the purview of the If, therefore, the present application had been Petition of Right Act, 1860. The answer to WATCH AND PRAY,

an appeal to the House of Lords from the re- the petition, besides raising various issues of fusal of the English Court of Appeal to grant (Whiten for the Tongking Telegraph.)

fact, raised one of law, which was ordered to special leave to appeal, it would appear that be tried before the issues of fact. The issue of the House would not entertain such an appeal. “Professor Simpson, in his second memor law, as settled by the Court, was as follows: This, however, is an application for leave to andum on plague makes an old suggestion viz.,Assuming all the facts stated in the petition to appeal to the King in Privy Council from the that of fining the residents of a street in the be true, and, having regard to the provisions of refusal of the Full Coun of Hongkong to grant event of a dead body being found in it.". the Prays Reclamation Ordinance, 1889, has special leave to appeal to the Full Court from Hongkong Telegraphi

the Court jurisdiction to enquire into the pro- a judgment delivered more than 15 months ceedings connected with the award referred to préviously. Appeals to the King in Privy in the petition, and to set aside the said award Council from the Supreme Court of Hongkong the above celebrations, the public are invited In order to defray the expenses incident to and the declare it null and void"? On 1st may be brought, if certain conditions preced to subscribe. Lisis will be circulated by the December,, 1900, the then Chief Justice, Sir ent are complied with, against "Any final Honorary Treasurer, Mr. 1. R. M. Smith, and John Carrington, delivered a written, consider judgment, decree or sentence, or against any the lending Hotels, Stores and Clubs will also ed, judgment in favour of the defendant, hold. rule or order made in any such civil suit or 1 is estimated that the sun of $30,000 will

be requested to exhibit lists. ing that the Court bad not such jurisdiction, action, and having the effect of a final or debe required: Should there be any surplus after awing to the wording of the Fraya Reclamation finite sentence," subject to the rules and limita-paying all expenses this will be devoted to such Ordinance. Instead of promptly appealing tions set out in the Regulations and Instructions permanent inemorial of the Coronation as shall from that judgment to the Full Court, if they to the Governor. I presume the refusal to

be hereafter decided by the Committee. were dissatisfied with it, the plaintiffs presented grant leave must be taken to be

By Order of the General Committee.. a-petition of right to His Majesty, the King,

E. A. HEWETT, and they allege that they did so under the ad--and personally, I should rather leave it to the

Hon. Secretary. *The item as to "The King's Park" is in- vice of their counsel They state, in an affidavit, Privy Council to determine whether it is "ancluded in the programme, provisionally pend- that they forwarded this petition to their Lon- order" of the kind to be held appealable, Asing the final decision of the Government in the don agents on 14th September, 1901, for pre-regards the security to be given by the appel sentation to His Majesty in Council. This lants for the prosecution of the appeal, and for proceeding was held to be contrary to establ-the payment of costs, the sum should be £300 ished precedent. On the 20th January, 1903, sterling, and the security should be by way of the plaintiffs found that the course they had band with one or more sufficient sureties, or by adopted was the

way of mortgage upon some sufficient immove able property, situate in Hongkong, to the They then, instead of immediately asking for satisfaction of the Registrar. If such security special leave to appeal from the judgment of be given and completed within three months Sir Tobu Carrington to the Full Court, under from the date of the petition for leave to appeal,

All hail Professort your's the praise,

For having thus divined

A method sure this curse to meet,

Of dumping bodies in the street;

It must ensure i'a swift defeat,

When every house is fined.

Your synthesis so simple.is, Such keen acumen alious Such justice in your wisdom Jurks! That he who fumigation shirks, And 'gains the city's welfare works,

No more upunished goes...

Patrols were quite inadequa'e To make the evil cease,

Therefore, thus your deductions son The way to find the guilty one, 16ce the lot! This, once begun

Would make the plague decrease,

But sweeping measures such as these, Might seems unfair to some;

18

sadly fear your scheme, great Sir, please correct me if I emen

The sort of plan that might occur

To fatcous Bumbledon

Suppose for sake of argument, While sleep your senses penned. Within your street a stranger stopped, And on the ground a body dropped Would you with equal real adopt.

The course you recommend ??

No! No! Professor, this at least!

The lay-mind can discuss

If every resident must pay

For fault he cannot well defray

There's nothing left to him, but pray,

May Heaven shelter usi

Of else, forego bis wonted sleep,

And with a loaded gur, t

Upon his doorstep perch at night, Cess body-dumper heave in sight, Until the gracious morning light)) Announce his vivil done.

C

DOLLY

AM & CONTOR GENTS BATH"

GEAR

DAV IRREGULAR AND OUT OF ORDER.

AN ORDER."

matter.

Hongkok, 26111 April, 1902,

[483d

THE "STAK FERRÝ COMPANY, LIMITED.

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AND

GENERAL EXPORTERS.

No. 35, Queen's Boad Central,

Next Door Messrs. LANE, CRAWFORD & Co,

Hongkong, zoth November, 1901.

WORTH A GUINEA A BOX.

OTICE is hereby given that at a Meeting N of the Company Directors, held at the Company's Office, No. 2, Connaught Road, April, 1992, it was resolved that a CALL of Victoria, Hongkong, on Tuesday, the 15th. 82.50 and $1.50 premium ($4 in all) per Share should be and the same was thereby made upon 1901 (which took effect from 1st July, 1961, and the Court will, the other conditions preceded May 1902, to the Hongkong and Shanghai Company, such Call to be payable on the 1st limited the ordinary right of appeal to six having been already complied with be prepared Banking Corporation at their Offices at Victoria, months) commenced writing to the Colonial to make an order allowing the appeal to be Hongkong. Secretary with a view, as they say in an affida-prosecuted. The Court has been informed by If the above Call be not paid on or before vit, to a settlement of the matters in question. the Attorney-General that he has no desire to the said tat May, 1902, interest. thereon at the The Colonial Secretary, as appears in the letters oppose this application.

rate of $12 per cent, per annum from the said annexed to the affidavit of the Crown Solicitor, that if we were to act upon the case of Lane v payable.

The Acting Puisno judge-1 agree. I think' | 1st May, 1907, till actual payment will become dated 23nd March, 1902, wrote to the plaintiffs Esdaile and the other cases referred to and re- Upon presention at the Company's Office of on the 31st January, 1902, explaining the posi-fused leave to appeal we should be adding to the the Bankers Receipt for payment of the Call, tion of the Government and pointing out that Rules and Limitations subject to which appeals together with the Certificate of the Shares in endorsement to that effect will be made upon the Certificate.

By Order of the Board of Directors

EDWARD OSBORNE,

Secretary, Hongkong, 16th April, 1906 [4484 ||

Section 606 of the new Code of Civil Procedure, iz, within three months from 1st April, 1902, all holders of partly paid-up Shares in the prANN

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