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THE HONGKONG TELEGRAPH, SATURDAY, NOVEMBER 7, 1903.

automatic self-steering gear, or gyroscope, has been proved past all discussion, it is to be hoped that the changes decided upon will receive execution with the least possible delay. The conclusive experiments on the Belleisle have considerably increased the importance of the torpedo-boat as a unit in the defence of a port against attack from an enemy's fleet and, in all probability, the fact that our flotilla is about to be thoroughly overhauled and re-boilered is proof that our naval experts have fully appreciated the immense services these handy little vessels are capable of rendering.

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TAMMANY AND REFORM. -

cents a case of two tins, but with very small favoured should be obtained. Recently; in results. In consequence of the failure of these columns, we commented upon the im the autumn crop the export abroad of rice portant modifications which are about to be and paddy was prohibited from the 19th made in the equipment of the Hongkong October. The value of foreign import, torpedo-boat flotilla. Now that the enormous which shows a total of Hk. Tls. 22,092,223. | value of the torpedo, fitted with the new indicates an increase, when compared with the figures of the preceding year, of over three million taels. This is duc, in a large proportion, to the importation of rice and paddy from abroad, to satisfy the deficit caused by the short crops in the province. The importation of foreign grain amount to 5,223,361 picuis, valued at Hk. Tls. 11,787,432 as against 3,588,570 piculs, value Hk. Tls. 5:379,415 in 1901, being an increase of 1,634,851 piculs, value Hk. Tls. 6,408,017. Opium also shows a further increase. Cotton goods and Indian yarn show a decrease, 'while shirtings and cambrics indicate a slight improvement. Woollen fabrics, yarn and cord, iron, tin kerosine and sundries show a decline, In It is clear that the victory of the Tam- the exports, shipments to Hongkong aggre- gate a value of Hk. Tls. 77,682,574. being many nominee over the reform candidate the lowest figure since 1892 and less by for the Mayoralty of Greater New York was Hk. Tls. 5,237,134 than in igor. For not altogether unexpected judging from American exchanges to hand informing us this falling off silk and its products are accountable for Hk. Tis. 2,869,212. The that the election this year was to be. heigh- important decreases in exports do not neces-tened by the possibility that some of the sarily indicate a loss of revenue, but are chiefly due to fiscal changes, and the hand ing over of the Canton Native Customs to the control of the I. M. Customs at that port, where a corresponding increase, should be observable. Under the heading of "shipping" the report gives the total num- ber of steam-launches in ballast reporting at the stations, in 1902, ns 4,986, showing an increase of 555. The number of junks passing inwards was 22,860-an increase of 48-and those going outwards amounted to 22,775, t., 210 over the figures of 1901. The import of foreign opium increased by 223 piculs, the total being 999 piculs; this may be atributed to the absence of rain in the early and latter parts of the year, causing a failure in the native opium crops. Piracy

has made itself felt on the West River and a few isolated cases are reported from Samun as having occurred in Mirs Bay. The net value of the year's trade was Hk, Tls. 46,784,280,

THE TORPEDO IN NAVAL WARFARE.

(6th November.) The successful trials recently directed

former fusion' forces might be led into going over to Tammany. The nomination of Mr. George B. McClellan by New York Democrats was thought to be the event for which all the non-committal leaders were waiting, and while the great majority of the newspapers supported the re-election of Mr. Seth Low, the opinion of New York journals, and that expressed in the ballots, showed a marked divergence. Last year the blame for the unmistakable De mocratic verdict was given by most of the New York publications to Mr. Low whose administration caused "widespread and deep dissatisfaction," while according to the Evening Posi, a journal friendly to the Fusionists, the, reform mayor needed reformation, and big odds would have to be overcome this year. It was asserted that the greater New York Democracy opposed the renomination of Mr. Low because they were anxious to bring to an end the power of President Roosevel; and Governor Odell, and it was their firm conviction that the President could not carry the state next year unless a Republican mayor was elected in New York city this year. In nominating Mr. McClellan, on the 1st October, Mr. John J. Delaney is reported as saying,

"There is no hope for the Democrats to

carry the United States unless we carry the

were

Te-

against H.M.S. Belleisle have resulted in proving the important role that will be played by the torpedo in future maritime

State of New York, and we cannot carry the warfare. This much battered old warship now State of New York unless we carry the city lies on a mud bank in Portsmouth harbour, of New York. We must nominate here a where she was moored as a target for an 18-

man of patriotic blood: a man who has Inch Whitehead torpedo. The Belleisle, on this occasion, was specially fitted to resist never boasted of his ancestors, but has stood upon the ground: a man himself." a torpedo attack, the trial being mainly for Upon the name of Mt. McClellan being the purpose of testing the value of corn. pith cellulose as a protective medium. put to the vote 434 names The result proved conclusively the absolute Ineffectiveness of any such defence. An 18-inch torpedo was fired at the protected part, the cellulose was instantly scattered and a hole ten feet in diameter blown in the ship's side. The wreck might be described as appalling; bulkheads and stanchions were shattered and blown in as if they had been tin-foil, and the ship settled down in shallow water, where she lies at present submerged. The problem that presents itself is how to

at once

now

SPECIE SMUGGLING IN THE STRAITS.

CONTRABAND COIN SEIZED.

(Front Our Correspondent.)

SINGAPORE, November 4, 8.10 p.m.

The steamer Pegu from Acheen was boarded by the police in Penang harbour and forty-eight thousand British and Mexican dollars were seized on board. The Captain and thirteen others have been charge with importing prohibited coin into the colony, and remanded.

The Chinese Chamber of Commerce is petitioning the Government, re- questing the return of the seized specie and begging to be allowed a delay of two weeks so as to com- municate with all their customers in the neighbouring countries with a

view to prevent further shipments of the prohibited coin. ·

Opium Sales.

ANOTHER BIG RISE IN PRICES,

'{From Our Own Correspondent,)

CALCUTTA, 2nd November. The eleventh auction sale of opium took place to-day, when Patna realized Rs. 1,500 and Benares Rs. 1,485 per chest, showing a rise of Rs. 45 and Rs. 50 respectively upon the last sale. The usual quantity of 2,000 chests of each quality was sold.

[In the Indian Budget for 1903 the estimated value per chest was put down at Rs. 1,10 Upon the basis of Rs. 400 per chest realised over and above the Government estimate, the enormous excess of Rs. 19,200,000 for the year will be attained-Ed, ĦLK,T]

BOMBAY, 4th November. The P. & 0. mail steamer left Bombay to-day with about 1,050 chests of Malwa opium. Prices are

Malwa (Now) ...Rs. 1,290 (Old) 1,380 (Oldest) 1,540

+

SANITARY BOARD.

A meeting of the Sanitary Board was held on Thursday in the Board Room. Present- The President (Hon. Dr. J. M. Atkinson, PC.M.O.), Hon. W. Chatham, (D.P.W.), Mr. Ahmet Rumjahn, lion. II. E. Pollock, K.C. Mr. Fang Wa Chun, Mr. Lau Chu Pak. Dr. Pearse, Acting M. . H., Dr. Barnett, Assis- tant M. O. H. Capl. Lyons, Asst. Superintend ept of the Police, Mr. E. A. Hewett, and Mr. G. A. Woodcock, Secretary,

confirmed.

The minutes of the previous meetings were,

CLAUSE §.

The President proposed that clause 5 should be dealt with confidentially, Mr. E. A. Hewett stated that he did not see why the question should be dealt with confidentially, as there such a course. The question had been raised was nothing in the correspondence that justified

by him before and he did so again because it regards quite a number of property holders. corded in his favour, and 219 support- The President stated that a letter had been ed the nomination of Mr. Justice W. received from Messrs. Jardine, Matheson & Co. on the 30th October, owing to which he judged J. Gaynor. The boroughs of Manhattan it would be well to submit the question to a sub and the Brons, Queen's and Richmond committee. Mr. Hewett said that he had not went solid for Mr. McClellan while the seen this letter; the last from Messrs. Jardine, Matheson that he had perused on the sub- Brooklyn delegates, with the exception of one.ject being dated the 18th August. The Pre- man, voted for Mr. Gaynor. Mr. E. M.sident said that there had been no time to Grout, was selected for Comptroller and Mr. C. V. Fornes for President of the Board of Agriculture. In Greater New York last year the Social Democratic vote was close on 15,000 as against 9,000 in 1901, and judg

circulate all the correspondence. This would be done however. Mr. Hewett stated that he proposed that this ques:hould be treated in public discussion as be considered it to be one of the greatest importance.

WATER.

was granted to the owner by the Sanitary Board in May, 1993, in respect of existing houses,

The 'Director of Public Works minuted: I see that the scavenging line is shown to be only 3 ft. in width and it would be impossible to widen in future by taking 3 ft. from the adjacent houses as they are on a much lower level, think exemption might be recom. mended on condition that the lane is made 6 ft. wide and that no compensation is to be paid in respect to it.

Dr. Barnett minuted-I think exemption from provision of an open space. might be granted in this case so long as the window in the rear is not cut off from the main room so as to form a lobby. propused houses is a retaining wall on which He also minted-In the rear of these the rear wall will stand. This retaining wall has been patched considerably and is some have their attention called to this retaining what bulged in places. I think the P.W.D. should wall so that they may consider, if they have not already done so, as to whether it is capable of upholding this enormous weight of the pro posed rear wall.

The President said that exemption was granted last year for the existing houses and this application was made in reference to the proposed re-erection under section 180. He moved that the exemption be granted subject

Public Works.

to

BANKRUPTCY PROCEKDINGS.

PETITION FOR RECEIVING ORDER.

important to consider what was the exact docu- ment which was signed by the appellant, who was the defendant in the action, in order to see whether that document was, or was not, a promissory note. If it was not, thes, he sub.. mitted, judgment should have been entered for Mr. C. E. H. Beavis appeared before the the defendant in the previous action. Upon Chief Justice at the Supreme Court on Thurs the point as to how the documents stood at the day in support of a creditors' petition for a re time when the appellant offixed his signatureceiving order presented by the Hop Wa Chan to them there was, as there so often was in firm of Californian fleur merchants, of 236, Des cases where Chinese witnesses were concerned, Voeux Road, against the Chy Loong firm of alleged that certain words were inserted in a discrepancy of evidence. The appellani bakers, carrying on business at 102, Wellington Street and 107, 109 and 111, Wanchai Road. Chinese in the promissory notes, or rather

it

appeared from the petition of Pang Chun

the documents, as they did not admit they Ngo, managing partner of the Hop Wo Chan were promissary notes, stating, "It is distinctly firm, that the Chy Loong firm war indebted to agreed that the term is one month, when the petitioning creditors in the sum of $6,804.03 repayment shall be made. This is proof being money lent and interest due. The stock. day, Dated Kwang:hsu, 29th year, 5th moon, thin-hand, machinery and furniture, otc. of debtor was valued at $3,100. The money had been lent to debtors for business purposes and interest was at the rate of $1.15 per cent. per month.

The receiving order was made.

The Puisne ludge :—Suppose the document was signed as it stands now, you don't dispute

Hon. Pollock-No, my lord.

it?

The Puisne Judge What you say is that certain words were added, and it was not a promissory note until those words were added?

Hon. Pollock: Yes. Subsequent to signature and without the knowledge or consent of the appellant. Continuing, he said there was a dis- crepancy of evidence upon that point a d, of course, the respondents being inore in number

|

AN AWKWARD PREDICAMENT. DEBTORS' PETITION.

Mr. G. K. Hall Brutton petitioned on behalf Ku Fat Chau, of 289 Queen's Road Central, of the Ka Fat, of 76 Bonham Strand, and the importers of European goods, for a receiving order in respect of their estates that they might

the conditions stipulated by the Director of than the appellant, he was, so to speak, by him- be adjudged bankrupt. He said the declaration

Captain Lyons seconded and the motion was agreed 10.

Munjahn rose and drew the attention of the Bear to certain irregularity in the per formance of duty by the Asst. Medical Officer of Health in this matter and referred to that officer's second minute. He moved that, the Standing Orders be suspended to enable himn 10 make his remarks on the subject.

The President:- think it is necessary to give notice of motion so as to allow that officer to make any explanation he may think neces

sary.

Mr. Rumjahn-Certain remarks made by the value of this property. Dr. Harnett has no the Asst. M. O. H. would, if published depreciate business to make these statements. He is not an engineer, and I beg to say that he is not

The President: I must call you to order. suspend the Standing Orders. You should have given notice of motion to

Mr.Hewett:-Isecond Mr. Rumjahn's motion that the Standing Orders be suspended so as to enable him to make his statement at this meet- ing.

The motion was put to the meeting. and

carned.

Mr. Rumjahn-Sir, on reference to the plan attached to the papers it is clear that the rear wall of the proposed houses, for which exemption has been applied for will not stand on the retaining wall. It is 3 feet away from it. Dr. Barnett's remark that it will stand on that retaining wall is wrong. He even does not understand the plan sent in the Board at tached to the papers. He took a great deal of trouble to examine the retaining wall-another man's property--and stated that it had been patched up considerably and was somewhat bulged These statements are inaccurate, That was a rubble wall. He must have wasted a considerable time in examining that wall, which formed the back wall of eight houses in the rear of the houses for which the applica tion has been made. He had to go through eight houses and then formed his opinion on the condition of that wall. I submit Bir, that officer should not have acted as he had done. If he had confined himself to the sanitary pari of the matter leaving the Building Authority to do his a great deal of unnecessary annoyance and waste of time would have been averted He was not compelent to act as an engineer, By sending the papers backward and forward to the P. W. D, a great deal of time was unnecessarily wasted. The Building Authority could look after himself better without the M. O. H's interference.

WATER SUPPLY.

The results of the water analyses show that the water drawn from the Kowloon, Tytam and Pokfulam services and from the Cheung-sha- wan supply, is of excellent quality.

RAT RETURN.

For the fortnight ended 2nd inst., 676 rats were caught in Victoria and 157 at Kowloon, of which 19 and 9, respectively, were infected.

MESSRS, BISMARCK & CO.

raise her. In the case of a ship that basing from the fact that another large majorly a well at 19, Caine Road be analysed, and, if 19th September last, on questions of fact in the

gone down in comparatively deep water sal vage operations can be carried on without any great difficulty. Upon a mud-bank, however, in a place like Portsmouth har. bour, where the tides are unusually strong, sand and mud held in partial suspension by the water begins to silt up very rapidly and, added to this difficulty, the salvage operations can only be carried out at certain times of the tide when a steamer can get alongside. The hole lies buried in the mud with all the mass of the ship resting on it. That the ship will eventually be raised there is not the slightest doubt, but the operations will prove a good deal more expensive than was at first was catimated. The examin- ation has meanwhile shown again how terri ble and effective a weapon the torpedo is. With its recent addition, the gyroscope, which steers it unerringly to the target from a distance of two thousand yards, it compares very favourably with the gun armament of a battleship which, directed at the structure above water, has to compete with all kinds of protection in the way of ármour before it can put a ship out of action. The present gunnery practice in carried out

has been recorded it would appear that Tammanyism is so deeply rooted that Re- publicanism will find it difficult to overturn this increasing Democratic plurality.

TELEGRAMS.

HONGKONG TELEGRAPH "

SERVICE,

RUSSIAN AGGRESSION.

MUKDEN REPORTED. SEIZED.

(From Our Own Correspondent.).

Among the minutes was one from Dr. Pearce stating that it was a rubble well and, even if the water was found fil, he thought the Board should refuse permission, unless the well be cemented right close to the bottom of its sides. and the top covered in and water only drawn by means of a pump.

The President said that this was an old well very liable to contamination. Permission was refused.

self into the matter.

The Chief Justice-There was a conflict of testimony as to whether there was an alter atjon or not. I understand your point is that the tearned judge found as a fact the document sued on had not been altered since the appel. lant signed it.

Hon. Pollock-That is so, my Lord. The Chief Justice pointed out that Coun Eel had to bear judge, sitting alone as

in mind that, where a a jury, found as a fact such and such a thing, the Court of Appeal would not disturb that ruling anless it was made absolutely clear that in this he was wronz. He directed his attention to two cases he had consulted to make himself clear on the point. One was the case of Savage v. Adams, reported in the Weekly Notes, for 1895, at page ice, and the other was the case of the Colonial Security Trust Company, Limited v. Massey, Queen's Bench Division. His Lordship proceeded to quote passages from the cases bearing on the point, and

The Hon. Pollock directed his attention to a later-case, referred to in the Annual Practisé, 1903, at page 313, which, after referring to the point mentioned by His Lordship cited the two cases and showed that on a re- hearing on appeal of a case tried by a judge without a jury it was not governed by the rules applicable; where there had been a trial and verdict by a jury the Court of Appeal must act on its own calculations on questions of fact as well as of law.

had been filed by one of three petitioners. The manager of the firm had gone away and had appointed another manager, who, it was alleged, declined to pay any debts of the firm and Therefore, the only way to protect the creditors was practically making away with the money. was to make the firm bankrupt. The present manager seemed to be squandering the money and wasting the assets of the firm. It was set forth in the petition that these assets amounted $2,099; goods at 76, Bonham Strand, $1,200; to $6,624, made up as follows: book debts, goods at 189, Queen's Road Central, $3,000; furniture, fixtures, etc., at both places, $3co and cash in hand $25. Of the book debts $1,899 were good debts, and the firm's abilities amounted to $7,800, or thereabouts,

His Lordship said he would like to know more about the partners.

Mr. Brutton explained that under the Bank- ruptcy Ordinance a petition had to be signed by two or more partners whereas he was petitioning by three.

His Lordship thought it was extraordinary if it were so, and said it seemed to him that if made bankrupt surely they must all join in the members of a firm wanted their firm to be

the petition. He did not understand why partners, who were not represented in any shape or form, should be made bankrupts,

Lau Yip, a partner in the Ku Fat firm, said the firm consisted of eleven partners,

His Lordship said he would like to know what the other eight partners, who had not petitioned, had to say about the matter.

The Chief Justice said that in that case Counsel would probably and the evidence was taken on commission, and the Court alone would always attach great importance to the finding of the judge below on the facts, as heceived and taken away.. was in the position of seeing the witnesses and noting their demeanour.

Mr. Bruton These people wish to pay their debts, and the others do not. Il no receiving order is made money will be re-

the case of Copeland v. Cumberland, 1898, The Hon. Pollock proceeded to quote

1. Chaucery Division, page 704 and sub- mitted there were other circumstances in the present case not dependent upon the question. of demeanour of the witnesses, and which it consideration. But before going into those was very important for the Court to take into particular circumstances, he drew their Lord- ships' attention to the evidence of the Cut translator, an entirely disinterested witness, who gave testimony regarding passages in the documents which appellant alleged were inter- polations,

7

The Court dealt with the point at length, and during the discussion,

His Lordship-My_first_difficulty is-1 don't say it is impossible to overcome it— petition? how is it only three men out of eleven

man

Mr. Brutton:-The former manager bas gone to Penang, and has appointed another in his place, and he declines to re- cognise these people, and says he is not going to pay any debts, although the firm has ben presseri for payment. This man may

go at any moment.

His.Lordship: Is not that rather a reason why a creditor should come forward and ask to have a receiver of the estate appointed? Will you show me any case in which, say three partners out of eleven, may alone ask?

Mr. Bruce Shepherd (Official Receiver)- The practice here, my Lord, has been that the. firm itself petitions and two partners sign it. This petition ought to be amended.

His Lordship-That is what strikes me. I think I had better adjourn this application,

Mr. BrutionThen the money may be gene.

The Chief Justice ciliserved that the evidence was not very satisfactory one way or another on either side. It seemed to him that the offer for the Port Arthur business wis a sport. ing one, and if a proper account had been taken of the business there would have been no occasion for the documents in di pute.

His Lordship --I don't want to put any ob Argument then followed on the allegation stacles in the way, but my difficulty in ameod- regarding his Lordship's refusal to grant an ading the petition is that I do not know whether journment of the former action for the purpose these persons are authorised by the other part- of allowing time for Yew Hing to come down NG/S. from Dalny to give evidence,

Mr. Brutton: The practice has been that The Chief Justice said he was against Mr. two or more partners can sign on behalf of the Pollock on the point, observing that if in his firm. opinion, a wrong decision was given he could have appealed in Chambers. "That was not done."

THE PARTNERSHIP DISPUTE.

Sitting in Appellate jurisdiction at the Su

Considerable discussion ensued upon the preme Court on Monday, their Lordships Sir W. M. Goodman (Chief Justice), and A. G.

point, and the Court subsequently adjourned.

After further argument this afternoon the Wise (Puisse Judge) proceeded with the hear-Chief Justice reserved his decision and made the On behalf of Mr. Li Lai Wo, Mr. B. Brothering of a motion for leave to appeal against following notes of the case-I am of opinion lon Harker wrote requesting that the water in

a decision of Mr. Justice Wise, of the that the learned judge below did not lay down found fit for domestic purposes, that permission case brought by Kwong Sui Hing, Kwong Kam Any erroneous proposition of law as to the Chuen, Lau Chung Ming and Tung Pui Cheong, regards 14, 1 decline to upset the decision of fact. As regards ta., I reserve my decision. As be granted to him to use it for such.

altas Fui Cheung Tong, trading under the name the judge below, the evidence being conflicting of Hop Shing Tong, against Kwok Chui Hin of and, in my opinion, strongly for the plaintiff 18, Connaught Road Central.

It was alleged, that His Lordship had, As regards 16, I consider it has no merits, As contrary to the evidence, found as facts regards18., I will reserve my decision. Asregards that (a) the document sued upon in

2, without prejudicing any other case in original action had been altered since the appellant jurisdiction, I hold that the defendant showed affixed his signature; (5) that there was no con

no.sufficient reason why Shing Kwai was not dition that the document was not to be sued subpoenaed to come some weeks before the ap upon until the accounts of the Port Authur plication was heard before the judge in Cham- business had been gone into Jointly by the ap trial for his attendance, and 1 point out that ber on the 15th September to postpone the pellant and by somebody on behalf of the res pondents; (e) that there was no agreement come

the decision in Chamber was not appealed between the parties in the month of June for postponement at the time of the trial of the against nor was any further application made 1993, for the Chinese agreement to be entered into between them with reference to the

On the whole I postpone my deci- sion until the case in original jurisdiction on the two $2,003 promissory notes is disposed of, in Court pending for decision. I reserve the question of costs of this application.

OPIUM DIVAN.

›

A letter was submitted respecting an opiura divan at upper Lascar Row. It was an in- quiry to the effect that, if the tiles were re- moved from the floor and 3 inches of cement concrete, rendered impervious, laid down, the Board would recommend that the premises be fit to be registered as an opium divan.

The A. M. O.-minuted I think in this SHANGHAI, 3rd November, case three inches of cement on the top of the

12.6 p.m.

present cement and tiles (half the floor is tiled and half cemented) would do very well, but It is reported from Peking that there are several things in this matter which Russia has seized Mukden.

STARILING COMPLICATIONS

IN THE NORTH.

RUSSIAN PERFIDY,

SHANGHAI, 8rd November, 10.0 a.m. Acting upon the recommendations

I am unable to decide. 1. Would it not be creating a dangerous precedent to allow the licence with only three inches of cement? 2. Would the floor stand an extra three

inchers of cement? I think not. Altogether

this would be about 4 inch thick. 3. If the floor has to be re-laid would three inches cost much less tean six? I think not, I am of the opinion that the Board have no legal right to agree to the licence being granted when there are only three inches of cement on the floor unless the bye-laws are altered.

The President stated that by the bye-law it

to

the

case.

or until further orders. The money to remain

CLAIM FOR LEGAL EXPENSES.

consideration to be paid by the appellant to the that the letter Exhibit to which showed the respondents for the Port Arthur business; (4) value of the Port Arthur assets, to be only $23,700 was probably invented for the purpose of the said, action; on the ground that one Shing Kwai, otherwise Yew Hing, was a material and necessary witness upon the facts enumerated in (d) and that His Lordship refused At the Supreme Court, on Tuesday the to allow an adjournment of the action on the Puisne Judge, His Honour A, G. Wise, beard a application of the appellant for the purpose of claim brought by Mr. G. K. Hall Brutton allowing time for Shing Kwai to come down against Wong Chi Nam and Lai Kon Sang 10 from Dalny, to give evidence; and on the recover the sum of $371.25 for work done and question of law on the ground that the respon- $83, amount of money expended as solicitor to the purchase of the Port Arthur business by the dents and appellant having agreed together for | defendants.

Mr. F. Faget Hett appeared in support of appellant for the sum of $25,000 upon the basis the claim, and Lai Kan Sang attended in that the assets of the said business were valued person, the other defendant being absent. at $37,300, whereas in truth and in fact the assets were valued at $27.700 only there was na

It appeared that the cate had already been before the Court when defendants were advised

to get the bill of costs taxed, but had not

at a distance of about eighteen hundred of Viceroy Yuan Shih-k'ai and Vice- is necessary to have 6 inches of cement on the consideration for the payment by the appellant yards a shorter range than the torpedo In a fleet action it is probable that the fear / roy Chang Chi-tung the Grand Coun- floor and moved that thiş be insisted upon to the respondents of the sum of $1,000 which done so.

cil met in the Summer Palace at

of torpedo attack would keep the enemy at a distance of a good deal over two thous Peking yesterday to consider the

The motion was carried.

OPEN SPACES. Mr.E. M. Hazeland, on behalf of the owner of Nos. 127 to 145, Hollywood Road (8 houses),

and yards, for there is no protection against unwarrantable arrest of Tseng Chi, made an application to the Sanitary Board for

'Tartar-General and

nor, by the Russians, at Mukden.

The Grand Council also discussed the question of the obstructions which Russia is placing in the way of tela. graphic communications between Poking and Fepgtien.

so.hamper a fleet in its movements that it is doubtful if they would in most cases be used. A single torpedo-boat might easily ac- count for two battleships at night and escape without any serious damage to herself from the guns. Apart from this, the range at which the Whitehead puts a fleet action Serious complication is expected tenders it imperative that good practice with as a result of the high-handedness guas at longer distances that at present on the part of Bussin,

His Lordship (to defendant)-Why didn't you get this bill taxed?

Defendant-Because it is connected with five people.

His Lordship:Yes, but are they authorised to act for the firm 7

t

Mr. Brutton: Many of these men are sleep- ing par ners and take no interest in the business, and it will be impossible to get their signatures without a great deal of delay.

properly; there is no doubt about it. These. His Lordship-This matter should be done. three men have petitioned for themselves.

Mr Brutton suggested that, an interim hearing of the petition. receiving order should be made pending the

Shepherd?

His Lordship-What do you say to that Mr.

Mr Bruce Shepherd-That will protect the estate.

His Lordship said the effect of making an interim receiving order was that petitioners would be protected in Mr. Justice Wise's Court. Mr. Brutton-We don't want protection for ourselves; we want protection for the creditors.

that debtors did not care twopence about their His Lordship said that his experience was creditors. He thought he would take no steps. proper form, and said he had to deal with what at all until the petition was before him in a

was before him. It ought to have been stated on affidavit that proceedings were necessary for the protection of the estate, and he could not accept the statement of any solicitor sanding up and saying so; for, although he knew what his clients' instructions were, he was not aware whether or not those instruc tions were correct. It had not been proved to him that it was necessary for the protection of the estate that, before the receiving order was made, he should appoint an interim receiver, Mr. Brutton :-Would your Lordship make a receiving order subject to the amended petition?

His Lordship --No, I am not Inclined to make any order on this,

Mr. Brutton: Then it will be useless pro ceeding any further.

His Lordship-1 must have these things dons properly. There is a great deal of care. loseness in these matters. If they are not done

prop.rly I cannot deal with them. I decline to make an order. I don't suppose you prepared the petition. Probably some of your clerks did, · and was not properly instructed by your clients. There is no blame upon you; your clients must attend to these matters.

The Court adjourned...

ACCORDING to ‘a; native journal the Chinese Imperial Resident at Thibet-informed the Cen- tral Government on the 20th ult, that British

*

was mentioned in the document suadapon or of any sum or sums of money whatever other than certain sums aggregating $16,000 which the respondents had already prior to the com-

Mr. Helt said the bill was for work done mencement of the action received from the appellanc

by him personally during the mooths under section 180 of the Public Health Ilon. . E. Pollock, K.C., barrister-at-law of September, October and November and Building Ordinance, and pointed out (instructed by Mr. G. K. Hall Brutton), last year. Re heard the Court direct. that in consequence of their situation the appeared for the appellant, and first directed the the defendants to get the bill taxed, and under. houses, would always enjoy an unobstructed attention of the Court to the form of action. stood that the men objected to certain items, trops had crossed into Thibet but were strong He said he believed the uzdursement on the but he showed them the scale and they appear | ly opposed by the natives, some of whom went five writs of summone was identical in its ed satisfied. open space of an unlimited area in their rear,

so far as to horse-whip the British officers. · AC Defendant said the bill was divided amongst civil and a military official were successively increased in height under Ord. 1 of 1993. terms, the plaintiffs claiming from the defend- The depth of the houses varies from 27 ft. to ant $1,000, dus on a promissory note, dated five persons, one of whom had since died. sent to settle the trouble, but in vain, and the 33 ft. Each house would be well lighted, and 31st May, 13. Therefore, the first point to be They were each willing to pay their own share, British protested against the low ranks of the ventilated, as the fronts were practically open noted was that the plaintiffs, in the summary His Lordship gave judgment for plaintiff | deputies sent. The Imperial Resident request: The windows would be each 3 IL 6 by 7 ft. their claim spen's document, which they alleged take his advice and consequently had to pay pointed successor to proceed to his p at at opca,

ted the Government to instruct his newly ap on the upper floore facing Hollywood Road, court, who were now the respondents, bared with costs, observing that defendants would not Exemption from the provision of yard space, to be a promissory nota, And it was, of course, | for its

as the houses in Circular Pathway cannot be

so an to tako up the matter and serile is,

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