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APPROACHING THE GOAL.

JAPANESE PORCINUE TO ADVANCE.

Tokin, 6th March, 4.58 p.m. On the morning of the sth inst., the enemy, in the direction of Hingking was still obstinately resisting,

In the region of Sha-ho, on the 4th Inst., our detachment, attacking the height north of Penninlupan, four miles east of Wartu shan, captured the enemy's first position.

At dawn of the gth instant, the detach ment near Hausungmupaotzu captured a Russian redoubt on the height.

In the region east of the railway, on the morning of the 5th inst, we captured Lluchangtun, two miles south-east. Wan- paoshan, and are now besieging a part of the enemy in that village.

In the region west of the railway, on the

5th inst., we occupied Hanchengpao, Hsiaosuchiapao, and are continuing our advance on the offensive. The railway station of Suchiatun is burning.

THE HONGKONG TELEGRAPH SATURDAY, MARCH 11, 1905.

Another of our detachments, in the direc- tion of Machuntan, also continue their advance towards Fushun, and are constantly pressing the enemy.

In districts south and east of Mukden, in the direction of the Shaho, the enemy are making a stand on strong positions, along the left bank of the Hunho, and we are now attacking.

THE CHINA FIRE INSURANCE COMPANY, LIMITED.

SHAREHOLDERS' MEETING.

9th inst.

balanced by increased profits at Kowlool Al recent valuation of the Company's buildings discloses the fact that the estimated cost of replacing them is considerably higher than the value at which they appear in the accounts, and seeing that rentals, wharves and out door properly are not insured your dir- actors recommend setting aside $10,000 to

form the nucleus of an insurance fund. · As this fund appreciates it is proposed to under-; In districts west and north of Mukden the write a small part of our own business, mean

value, and the sum standing at this account enemy are desperately resisting, and a fiercome the buildings will be insured for their full On the gth will represent insurance on rentals, and the attack is now proceeding. inst., a dust storm was raging and observation property not at present covered. The exchange was seriously hampered.

of land referred to in the report, whilst giving the public a fine approach, to the new ferry pier, will at the same time remove what hat hitherto been a considerable obstacle in our work, viz, the public traffic on the Praya, and although the Flaya jelf does not pars absolu- tely into the Company's possession, we retain the right of purchase at any time, menawhile Under an agreement made two years ago with having the use of it for outdoor storage. the principal importers of Bombay yata and which became operative from the 1st JanuAFT last practically the whole of that important trade has been transferred to Kowloon, and the native yarn dealers who for 18 years have boycotted the Kowloon godown's now clear from them freely, and find them more con- venient thin the old Wanchai godowns, which It is generally unwise to indulge in prophecy, but I think I may go so far as to say that there are indications of a more favourable year ahead; and with a cessation of war, the prospects of the future are distinctly hopeful.

The ordinary revenue (excluding balance brought forward and interest on fixed deposit) amounted to $18,848.06 and the ordinary ex- penditure to $12,079.83.

The extraordinary expenditure on the roofs and Theatre has been paid for out of revenue.

W. J. GRISSON,

Chairman.

A TYPICAL HONGKONG MONEY LENDUR.

6th inst. before the Puisno Judge (Mr. T, Sercombe At the Civil Summary Court this afternoon Smith), Booths Singh, watchman of Kowloon, sued Yung Ah Fat, bar boy of the Police Gricket Club, for the recovery of $185, money

lent,

Mr. E. J. Grist (Messrs. Wilkinson and Grist) appeared for plaintiff, who in evidence stated that he lent the defendant $150 for which he received a promissory note. There was a fendant paid regularly for seven months. He verbal arrangement as to interest, which de afterwards fell in arrears with the interest to the extent of $31, when plaintiff applied for re-payment of principal plus the accrued in.

on the basis of the valuation adopted in that Court it would be worth something over $100,000. In conclusion he contended that it had been clearly shown that defendant had inspected the premises and that he had com- pletely failed to discharge the onus resting upon him.

acted for them. The notifications from thúna companies produced referred to an original shipment. He did not think it was more im portant to inform consignees in respect of short landed cargo. The O and Q. and Pacific Mail Companies never gave notice of the arrival of short shipped cargo.

Mr. L. Lowla, chief clerk in the P. and O., said it was not the custom of the port to notify the consignees of the arrival of short landed cargo. They notified them sometimes, when cargo was blocking lighters or something of that kind.

in the godown to an employé of the plaintiffe.

A godown man in the employ of the defen dants spoke to having pointed out the 12 cases

Anoiber godowa man in the employ of the to deliver a case of cream which was short defendants spoke to going to the Mutual Stores landed. He then told a clark in the Stores that the 14 cases were in the godown.

holdes in the above Company was held at the The thirty-sixth ordinary meeting of share offices, 3. Queen's Road Central, at noon. Mr. E Goels presided, and there were alen present Mesirs. A. Siebs, A. G. Wood, E. Shellim, H. W. Slade, Hon. Mr. R. Shewan, and A. Haupt (Directors), C, Pemberton (Teling Secre- Tokio, 7th March, 1905, 5.50 p.m.

tary), E. S. Joseph, J. J. Leiria, A. J. V. Ribeiro, On the 6th inst., in the direction of Hing Captain Goddard, F. Symth, W. I. Wick king the enemy near Tita, fifteen miles, M. N. da Silva, A. H. M. da Silva, south-east of Fushun, delivered repeated / Tong Lai Chuen, Chan Pat, B. M. Conceicao, have since been leased to the Naval Authorities. I did not sign for $150 he would not lend him gested that the $650 was inserted in the He had come to the conclusion that the ques

RUSSIAN COUNTER-ATTACKS AND REPULSES.

counter-attacks, but they were repulsed each time, while our attack on the enemy near Machuntan, fifteen miles south of Fushun, is progressing favourably in spite of the enemy's stubborn resistance.

At eight in the evening we occupied the height, two miles south of Machuntan.

Hon. Wei Yuk, and J, Orange,

The Secretary having read the notice con- vening the meeting,

The Chairman said:-Gentlemen, the di- rectors' report and statement of the company's account for the past year having been in your

handle for some time, I will, subject to your approval, now adopt the usual course and lake them as read. You will I am sure have noticed In the direction of Penhsihu our detach with great pleasure the extremely favourable ment, on the afternoon of the 6th inst., autturn of the year 1933, which has resulted occupied the heights ranging south of in a prost of $136,374.17, the loss ratio being Paitzukou distant six miles south of Machun-4385 per cent. of the premium-income, as com tan, at the same time driving the enemypared with 41.71 percent, for igoz. With your towards Sanchintzu, two miles south-west of approval we propose to deal with this sum as

follows:- Machuntan.

Dividend of 16 and bonus of Si

per share..................... ......$140,000.00 Add to extra reserve fund ......... 92,364.17 -Bonus la office staff......

4,010.00

On the night of 5th inst the enemy's counter-attack in front of Kaotailing was repulsed.

In the direction of Shaho in the district lying east of the railway, the enemy's counter- attack, on the night of 5th inst., on the northern end of Tungchiafeng, was repulsed;

otherwise there is no change of situation.

In the district west of the railway an en- gagement is now proceeding with the enemy posted in line extending from east of Hang- chenggao to Erblaitzu, and who are offering a stout resistance.

On the right bank of the Hunho the enemy, about one division strong with seventy guns, appeared in the vicinity of Toshichião; but they were repulsed.

RUSSIAN RETREAT.

JAPANESE IN PURSUIT.

Tokio, 8th March, 11.50 p.m. Marshal Oyama reports that the enemy, benten in every direction, commenced in retreat on the early morning of Wednesday and our army is in vigorous pursuit,

RUSSIANS ROUTED,

Tokio, 8th March, 1.55 p.m. In the direction of Hingking our detach ment, on the 6th inst., occupied Huaijen fifty miles south-east of Hingking; other wise the situation is unchanged. In the direction of Shahio in district east of railway, the enemy's attacks on the morning of 7th inst. on some of our positions were repulsed everywhere. In the district west of the railway we occupied east of Hangchengpao whereupon the enemy attempted to restore it but were repulsed. On the right bank of the Shaho we captured a large portion of Likvanpao whereupon the enemy about one division strong delivered a counter-attack but were repulsed.

Later.

Our detachment, which had been engag. ing with the enemy's strong forces near Machuntan, dislodged them at eight o'clock this morning (Bth) from their positions and is pursuing northward.

|

$236,374.17

We are again, I am glad to say, in the happy position of being able to recommend a bonus of £1 per shate, in addition to the usual divi- dend of $5 per share, and also to transfer the sum of $92,364.17 to the extra reserve fund, which will stand at $218,039.73. Such results, your lector cannot impress upon you too however cannot be expected every year, and strongly the advisability in the best interests of the company of continuing to build up the extra reserve fund. Bad years may come and we may be in the unfortunate position of having to show a loss instead of a profit, this fund would then, we hope, enable us to continue our dividend, and its utility in this respect has been alrendy twice proved in 1891 and 1901, when but for its existence the dividend would have had to be decreased. Turning Dow to the balance sheet the amount under the heading ef investments shows a decrease of $110,66342,

which is principally accounted for by the fact that the Hongkong and Kowloon Wharf and, Godown Co's debentures of which the com- pany held $103,152.5, have been repaid on the

other hand, loans on mortgage show an increase of $168,500, the other items remaining much the same. The company's surveyors have re- ported en our advances under mortgage and I

Mr. Arnold: Is the $30 premium on the new shares to be treated as capital? I see in the report it is put down as capital.

The Chairman: The premium on the new capital is to go to the Reserve.

There being no further questions, The Chairman moved the adoption of the report and accounts.

Mr. Forbes seconded, and the resolution was carried unanimously.

Mr. Lewis moved the re-election of the re- tiring directora, Messrs. Wood and Shellim.

Mr. Orange seconded, and the proposition was unanimously carried. Potts and A. R. Lowe were also re-elected on The retiring auditors, Messrs. W. Hutton the motion of Yr. Arnold, seconded by Mr.

Forbes,

This concluded the business, the Chairman announcing that dividend warrants could be

had on application.

CITY HALL.

At the annual meeting of shareholders in, and subscribes to, the City Hall, held in the hall yesterday afternoon; there were present — Hon. Mr. W. J. Gresson (Chairman), Mr. F. B. L. Bowley (Secretary), and Messrs. H. E. Pol lock, K.G. N. A. Siebs, W. B. Layton and H. Mody.

The Chairman, in moving the adoption of the annual report and statement of accounts, al- ready published, said:-Gentlemen,As you have no doubt carefully studied the report and accounts, I propose with your permission to take them as read. During the year a-om of 58.3675 has been expended on the property, in addition to $1,530,13 on ordinary general

terest. The interest was at the rate of $8 a month.

Defendant admitted signing the note pro. duced for Sigo, but as a matter of fact he only received $100 in cash. Plaintiff told him if he anything."

Judgin at was given for plaintiff with costs.

HONGKONG LAND DISPUTE.

THE AUTHORITY OF BROKERS.

6th inst.

At the Supreme Court this morning, before the Chief Justice (Sir Henry S. Berkeley) the adjourned action Wong Lut Wan v. Tam Chak U was continued

Hon. Mr. E. H. Sharp, K.C., (instructed by Messrs. Ewens and Harsion) appeared for the plaintiff, and Mr. H. E. Pollock, K.C., (instruct ed by Mr. F. X. d' Almada e Castro) defended, The caso was before the Court on the 15th and 16th September last. Plaintiff, a merchant of 15, Des Voeux Road, sued the Defendant, specific performance of an agreement, made landowner of 6t, Des Voeux Road, for the between plaintiff as vendor and defendant as purchaser, on the 28th May of last year, for the sale by plaintiff to defendant of the remaining portion of Inland lot 1,216, subject to a certain mortgage registered in the Land Office, and to the payment of $17,500 portion of a principal sum of $100,000 with interest. Plaintiff in the alternative asked for $10,000 damages.

Plaintiff set forth that defendant said that he paid 56,150 bargain money on the faith of re- presentations falsely made to him by a broker who was employed by the plaintiff to negotiate the sale of the property to the effect that the property was let at 1650 per month, when as a matter of fact it was only let r $250. Hs (defendant) then made a counterclaim for 16,159, it was alleged that the broker had no

authority to make such a representation.

The case for the defendant, which was taken first, was concluded when the matter was first before the Court. This morning after His Lordship had read through his notes, and the evidence given in September, Mr. Sharp con- tinued the arguments for the plaintiff.

Han Fung Chee, head writer in the Registrar repits, and our architects report that the con- General's Ofice, was called to prove that the dition of the building is satisfactory. The fire characters in the preliminary agreement for service, under the supervision of the fire $650 rental" which were supposed to have brigade, has been brou. ht up to date. The been added by the plaintiff at the request of accounts must, I think, be considered satisfac

the defendant through the broker, were not in y, showing as they do, a credit balance of the same handwriting as the body of the docu- 52 229.82 after payment of the expenditure atment. It was a deliberate imitation of the the roof and theatre. About 16,000 persons writing in the body of the document. visited the library during the twelve months, as 'gainst 23,000 for the eighteen months covered by the last report, which proves that the public tion. continue to appreciate this part of the institu

On behalf of the members of the com mittee, I desire to express their appreciation of the active interest taken in the institution by our secretary, Mr. Bowley.

Mr. Mady seconded and the moting was carried.

This concluded the business.

am happy to assure you that the same are quite satisfactory. The balance at the credit of working account 1904 is $365,374.35, which is considerably above the average, although $68,673.13 less than the sum carried forward unusually heavy, being $139,902.29 as against last year; this is accounted for by losses being $46,273-55 in the 1903 account. Fires were very numerous during the year especially in Shanghai, and the two fires in Kowloon godowns here will be stil fresh in your minds. Our premium and interest accounts both show satis- factory increases, the former of $35,450.46, and the latter of $8,749.90. During the year we commenced doing business in Calcutta and India generally, and so far, this has proved very satisfactory. We also have opened an agency at Chingwantao. Our outstanding liabilities in Japan also ran off, without I am I will now move glad to say any further losses. that the directors' report and statement of ac. counts for the year 1904 as presented be adopt-14th day of April, 1904, ed After this has been reconded I shall be pleased to answer my questions that may he put relating to business before the meeting.

Mr. J. Orange said: I have pleasure in

accounts, and also to congratulate the Board and the Acting Secretary on the excellast figures before us. I have also to thank the Chairman on behalf of the shareholders for his

THE SACRED TOMBS OF MUKDEN. seconding the adoption of the report and

JAPANESE CONSIDERATION.

Tokio, 9th March, 1 p.m. To respect the sanctity of the place whence arose the Imperial Dynasty of China and to preserve the peace and tranquillity among the Chinese inhabitants of Mukden, Marquis Oyama, in giving an order for the general pursuit of the enemy, on the 8th inst., strictly prohibited his troops from taking a route within the walls of that city.

Tokio, March 9th, 5.8 p.m. In the direction of Hingking our detach. ment, having dislodged the enemy at Machuntan district, continues a pursuit. In the direction of Shaho, in the region cast of the railway, the enemy having shown signs of wavering, we commenced a general attack at midnight on the ith inst, and dislodging the enemy from the positions are now press- Ing him to the basin of Hanho. The whole district, from the west of the railway to the left of Hanho, has already fallen into our hands.

On the right bank of Hanha the enemy, near Yangshibtun and Likuanpao, continues an obstinate resistance and his repeated counter-attacks were repulsed with great loss; we are gradually pressing towards

Mukden.

excellent speech which gives us more informa. tion of the working of the Company than is

usual in such cases,

The resolution was carried unanimously, Mr. J. J. Leiria moved that the Hon. Mr. R. Shewan as Director of the Company be confirmed.

Mr. da Silva seconded, and the motion was agreed to.

Mr. Pollock objected to the evidence of the witness being regarded as expert, and His Lordship took the same view.

Mr. Sharp said his witness was employed in the Registrar General's Office, and part of his business was to show by comparison whether documents were genuine. Therefore he was undoubtedly an expert witness,

Mr. Pollock on behalf of the defendant sald the case raised by his learned friend on behalf of the plaintif really involved a charge of forg ery against the defendant, because it seemed to him from case on behalf of the plaintiff as presented to the Court, it involved in effect

tion to the document without the consent of the allegation that either the defendant him- self committed a forgery by making this addi- the plaintif or else that the defendant get in which case the defendant would be equally some friend or employs to make the addition, liable as an accessory to the forgery, and pro- bably more so for having implicated somebody

Both Counsel having addressed the Court, also in the fraud, He quoted from Carr on

Fraud and Mistako," third edition, page 416, His Honour said it was quite clear that no tiff's side, inasmuch as he was to receive thought it was unreasonable to expect s con Reviewing the evidence he said the broker notice was given to the plaintiffs that the goods. had a distinct Interest in pressing the plain were in the godown before September, Heat one and a half per cent commission on a sum.eignes to keep going down to inquirs if short:' of over $65,000, or in round figures some 5000 landed cargo had arrived. It was the fault of He could not by any means be described as a the shipping companies if it had not arrived in disintarested witness. He argued that the time and it was their duty to deliver the same as plaintiff himself added the characters in the

soon as possible. He would require more than document in which case no question of one witness to determine what was the custom forgery would arise. It could not be sug of the port in regard to notifying consignees. document by the defendant by an inspect tion of custom had not been proved on either? ion of the property, or any inquiries he side. He held that it was reasonable to expect made on the locus in quo. The only per the shipping Company to notify the arrival of sons who could have suggested such a figure, the goods. There would be judgment for the were the plaintiff and the broker. With regard plaintiffs for the amount claimed with costs. to what his learned friend had said about the probability of the defendant baving inspected property would undoubtedly inspect, it was not the property, though a European purchasing necessarily so with Chinese. They were bom speculators and would buy anything they were speculated in houses just the same as they told they could get a good return from. They would in Dock or Bank shares. Had he ever inspected the property or made inquiries, being entered into such an agreement. There was a business man, defendant would never have

no doubt that he acted on what somebody told him.

volved were considerable, he would take time His Lordship said that as the interests in to consider the case, and give judgment and his reasons at a later date.

ACTION AGAINST A SHIPPING COMPANY.

. ALLEGED SHORT CARGO.

VERDICT FOR PLAINTIFFS.

7th inst.

At the Civil Summary Court this afterno before the Puisse Judge (Mr. T. Sercombe Smith) the Motual Stores Company of Des Voeux Road, sued the Toyo Kisen Kaisha Steamship Company to recover $117.60 in respect of short landed and damaged cargo.

Mr. D. Steavenson appeared for the plaintifs, and Mr. Bailey defended.

Mr. Steavenson said that the plaintiffs pur- chased twenty-five cases of sugar com from a Californian Fruit Company. Eleven cases were delivered on February 3rd, 1904. The plaintiffs' godown man attended at the defen- dants' godown and received the eleven cases, the defendants' godown man informing him that fourteen cases were short-landed and gave him a short delivery order acknowledging the same. Plaintiffs sat back awaiting the arrivals of the balance of the corn, but heuring nothing from the defendants up to August sent in a claim for the value of the missing cargo. la November defendants wrote asking why they had not taken delivery of the corn. This was the first intimation plaintiffs bad eceived that the corn had arrived. Plaintiffs inspected the cargo, and found that it was in such a state that it would be unwise to take delivery and declined to do so. Defendants refused to pass their claim, hence the action.

Mr. F. Mau Fung, managing partner of the plaintiff firm, gave evidence in support of Counsel's statement.

In reply to the Court, Mr. Sharp said he did not go so far as to say that any one had com- mitted forgery. It was futile to imagine that Cross-examined: An advertisement appear. the characters had been inserted by the broker, cd when the eleven cases arrived on February for it would have been brought home to him at 3rd, stating that all claims must be sent in by once at the meeting in the solicitor's office February 8th. He did not send in a claim, think when the parties were present. What being the balance would turn up by the next should ask this Lordship later on to say was, whether the defendant had proved his case and the allegation it contained. That he was in- duced to sign the contract by false ›epresenta. tion.

The further hearing of the case was adjourned till half past ten to-niorrow morning.

7th inst.

The report for the twelve months ending December 31st, 1904, to be submitted to be annual meeting of shareholders in, and sub srcibors to, the City Hall, to be held at 4.30 p.m. on Thursday, the 9th inst., is as follows:- The last annual meeting was held on the

Committee and Staff-Hon. Mr. C. W. Dickson resigned the position of Chairman in May last on leaving the Colony, and Hon. Mr. W. J. Gressan succeeded him er officio.

Mr. C. 5. Sharp resigned his seat on the At the Supreme Court this morning before Committee on leaving the Colony, The Com- the Chief Justice (Sir Henry. Berkeley) the mittee now consists of the Chairman, Messrs. action brought by Wong Yut ́Lan against Tam B Layton (Hon. Treasurer), H. N. Mady, N. Chak U for specific performance of a contract 1. Siebs and H. E. Pollock, R.C. There have (as reported yesterday) was continued,

Hon. Mr. E. H. Sharp, K... (instructed by been to changes of any importance in the staff.

The state of the building-The whole of Messrs. Ewens and Harston) again appearing the roofs have been retiled and all defective for plaintiff, and Mr. H. E. Pallock, K.C, (in. tumbers renewed and new ceilings to the ball-struc'ed by Mr. F. X. d'Almada e Castro) for

the defence. room suite (composed of cement plaster on ex- panded metal lathing) constructed at a total cost of about $3,000.

Ordinary general repairs cost $1,530,53 The usual annual inspection was made in September by the architects, Messrs. Palmer "Mr. H. W. Slade and Mr. A. Haupt were

and Turner, who report that the general con- re-elected Directors on the proposition of Mr.dition of the building is satisfactory. Ribeiro seconded by Mr. Smyth.

Mr. Joseph proposed and Mr. Wickham seconded the re-election of the auditor, Messrs. W. Hutton Polts and A. R. Lowe, and this was agreed to.

Theatre, &c.The pit has been re-seated with benches without armi, increasing the accomo. dation and facilitating the means of access.

Moyable electric lamps have been fixed in the

orchestra.

This concluded the business, the Chairman

The Amateur Dramatic Club!gave some very stating that dividend warrants would be posted successful performances, and the Theatre was in the afternoon.

also let to the Dallas Opera Company, Polt lard's Lilliputian Company and many minor THE HONGKONG AND KOWLOON travelling companies, as well as for local con

WHARF AND GODOWN

CO., LTD.

MEETING OF SHAREHOLDERS.

Ipth inst.

certs and entertainments,

The total rent received in 1934 was $12,161.96, a large increase on previous years, but the ex penses of lighting, &c,, Increased propor- tionately.

The Library. The number of books pub. lished in Hoogkong deposited in the Library during 1904 was 2, of which the majority were religious publications from the Nazareth Print- ing Press,

steamer. Onthe 22nd March a godown man did not come and tell him that the cargo had arrived. He remembered, on that day, someone bringing a case of cream, which was short landed on another consignment. is godown man, who was frequently at the gedowns of the defendant Company to take delivery of goods, did not at any time tell him the cargo was in the godown. He had never taken delivery of short landed cargo, without notice, having been given him. The cargo in November was not surveyed though he suggested it He refused to take delivery and then have them surveyed, because he took it, that once having takes delivery, the shipping agents were no longer responsible.

The farther hearing of the case was ad- journed until to-morrow morning.

8th inst.

At the Civil Summary Court this morning before the Puisne Judge (Mr. T. Sercombe Smith) the action brought by the Mulu | Stores against the Toyo Kisen Kaisha to recover S117.00 in respect of short landed and damaged cargo was concluded.

Mr. D. Steavenson appeared for the plaintiffs, and Mr. Bailey defended,

VALUING A BUSINESS.

alleged EXCESSIVE FER.

8th Inst.

At the Civil Summary Court this afternoon, Smith), Messrs. Carmichael and Clarke, con- before the Paisne Judge (Mr. T. Sercombe sulting engineers, sued Messrs. William Pow. ell,imited, to recover $500 being fee due for Seimund. valuing the business of Meat. More and

Mr. E. J. Grist (Messrs. Wilkinson and Grist) appeared for the plaintifs and Mr. M. J. D. Biephens defended,

Mr. Stephens at the outset said he admitted that there was a certain sum due, but they said the claim was excessive and high. They were willing to pay a fair sum, and he propUSTI KLIMA the matter be referred to the Registrar who would understand figures better than the Court, and let him determine what a fair som was..

Mr. Grist, in opening the case, said the plain- tiffs were employed to value the stock of Mesare. More and Seimund, ship chandlers. At that time Messrs. Powell thought of taking over this business. Plaintiffs spent a considerable time over the valuation and furnished a report. No fee was arranged, but defendants after- wards offered $300, $310, 5400, and eventually 450, but they stuck out for their fee of $500. Delendants had now paid into Court $400. This matter had nothing whatever to do with the Registrar. It was simply a question of what was a reasonable foo.

Mr. H. F. Carmichael was called, and spoka To being employed to do the work of valuing, and said there were not many men in Hong kong capable of doing the work. He employ ed Mr. Galt to assist him, and he had paid him a cheque for $300 for his services. The valua tion took twenty-one days to finish. In addition, he surveyed a steam launch, the fee for which was $50 alone. The fee for surveying and valuing a steam launch was $100,

Mr. A. T. Skelton, a partner in the firm of Messrs. Lane, Crawford and Company, and in charge for the last five years of their ship- chandlery department, said he would not take up the valuation for a less sum than $500, which be considered a fair and reasonable fee. The valuation required great technical know ledge.

Mr. John Galt said he was 21 days working all day long on the valuation of the stock Be did not think $500 was an excessive sum to charge. From his point of view he wished it had been larger,

By Mr. Stephens: He had been in the ship. in business all his life, and had been in the stores and purchasing department of Messrs. Dodwell and Company. He had made valu ations of stocks many a time, both on shore and on shipboard, but had not previously va

ued the stock of an outside business.

Mr. Stephens, for the defence, called Captain N. G. Majer, who said he had managed the business of Messrs. More and Seimund for the past four and a half years. He understood the fee for surveying a steam launch was S13. He had never heard of Stoo being paid. It would be a very liberal fee. The fee might possly be $25 for surveying a launch,

Marry Eyre, manager of Masers. Powell & Co, aid that during the six years he was employed by Messrs. Peter Robinson & Co, in London he had always assisted to take stock Judging from the report of the plaintiffs het should say the valuation ought to have been completed in ten days. He took stock of Messrs. Powell's business in Queen's Road in June last. It took him six days and the value of the stock was $26,800.

By the Bench: He knew nothing about. chandlery.

into Court was ample for the work done. Mr. Stephens submitted that the amount paid Plaintiffs had taken more time over the work than they need have done, and ten days would Mr. J. B. Smith, commission agent, with 43

have been ample time to have completed the work. He considered $400 wan a very fair years' experience, said all the larga shipping, companies gave notice to consignees of them. His clients only desired to do the right arrival of short landed cargo. There was con- thing and considered the amount paid into siderable risk in taking delivery of tinned vege: Court ample remuneration for the work done, tables in rusty tins.

By Mr. Bailey: In the case of over-camled goods greater responsibility rested upon the shipping companies. A rusty tin would not

necessarily affect the contents.

His Honour said it was plain that 'Mears Powell would not have employed Messrs, Carmichael and Clarke to value this business. had they not considered thems capable and competent to carry it out. It was great pity no agreement was come to with regard to the fee, for it had given rise to that litigation. It was also regrettable that there was no scale of fees in existence in this Colony to guide the Court in such matters, and the Court could only rely on the expert evidence, The evidence of Mr. Mr. Bailey, for the defence, said as a matter of fact the plaintiffs were notified on March Skeltan, an expert in these matters, was that aand, but it was not the custom of the port, as $500 was not an excessive fee for the work he should prove, to notify consignees thaugh done. There would be lodgment for plalatiile many companies did so for their own con for Stoo with cost, --

Mr. Mau Fung was re-called, and gave a list of the principal shipping companies, all of whom notified consignees when short landed cargo arrived. He had received these notifications from every company he had mentioned.

Hon. Mr. Sharp, replying for the plaintiff, said the onus protondi where there was a con ffict of evidence became a question of vital im- portance, and as he had previously submitted the puus probandi was on the defend int, He admitted all the transactions in the preliminary agreement, but pleaded misrepresentation as a defence, and this he must establish. The de- fendant's case was that he was induced to sign this agreement by the representation or misre presentation, that the houses were let at that time for 5650, and as a corollary to that, he had denied that he inspected the property before signing it. That be did inspect the property, powever, there was little doubt, and he could not say that he entered into she agreement be lieving the houses to be let. The question of inspection was the great point, the case. | Counsel read extracts from the evidence given including that of the broker who spoke to tak ing the defendant over the houses before the agreement was signed, and as to bim remark | ing upon the fact that four of the houses were empty, Continuing, he said the probabilities were overwhelmingly in favour of the defendant a man of experience and a property owner having inspected the property. He had heard the point raised, but he did not think a China- man had ever established in that Court that he❘ venience. bought property without inspecting it. Refer- Mr. H. A. Burke, shipping clerk in the em A DISPUTED BISCUIT.CONTRACT, ring to the questionable characters regarding ploy of the defendants, said that some seven the rent in the agreement he read the evidence thousand short shipped cases arrived a week. given in the polist, which he admitted was very after the Shawmut by the Olympia, including, At the Civil Summary Court this morning, The proprietors of the Gazette and local conflicting. It was not however a question the 14 cases in dispute. All the cargo was before the Puiano Judge (Mr. T.-Sercombe newspapers, the members of the Committee as to who had committed perjury, or to taken delivery of with the exception of plaintiffs Smith), the Hip Loong firm of wholesale: and others kindly continued the supply of who wrote the disputed characters, but the and all without the consignees being notified, bakers, sued the proprietors of the Café Weiste newspapers and periodicals, which are much question was rather, had the defendant to the Occasionally they notified the arrival of short moans to recover $648, being the value of appreciated by visitors to the Library. satisfaction of His Lordship discharged that landed carg, but only when they wanted to 10,800 pounds of biscuits at six cents per

About 11,500 non-Chinese and 4,500 Chinese onus which rested upon bím ?. It was not dis. | clear their godowns. The custom of the port pound. disastrous fires occurred, one if not both mada use of the Library during the year and office no reference was made to rent and it was short landed cargo. The short shipped goods tiffs and Mr. H. E. Pollock, K.C.; instructed by

puted that at the meeting at the solicitor's was that consignees were to inquire for their Mr. P. W. Goldring' appeared for the plain Museum. -A few specimens of birds snakes, and numerous butterflies and other inconceivable that the defendant should seek were surveyed by Messrs. Goddard and Douglas. Mr. F. X. 'd' I'mada e Castro) defended. insects have been added to the Museum, which to get out of the agreement by stating that the By Mr. Steavenson; He had had six years' in opening the caso, Mr. Goldring said that: was visited by nearly 100,000 Chinese and reat was represented to be $650 monthly. It experience in a shipping office including five on December 16th last, the compradore of the about 4,600 non-Chinese during the year. was also most improbable that the plaintiff years in Hongkong. The godown man did not defendant Company sent his fall round to the Accounts The Lalance in the bands of the would do such a suicidal thing as to represent report when he had given abort delivery orders. plaintiffs' shop sad asked the manager to call;

few yards so to speak' know the 14 cases were in their godown on him, The manager did so, and the com Treasurer on closing the accounts for 1904 was that the houses only

away were tenanted when they were not. Now but he did not think it was his duty to notify pradore asked him how many biscuits be could'. f3.379.82

there was another great improbability, and plaintiffs. He thought the plaintiffs were leavto supply of the kind known as "toi pan." Plaine' that was that if the property was bringing in ing the goods there on purpose. He know if manager replied 50,000 pounds each $650 a month, the price for which the property something of the working of the Occidental month, and the compradore gave him an orders was offered-$61,500 would be absurd. Going and Oriental and Facing Mall Companies, and for that amount at six and a half cents per

The eighteenth annual meeting of the share. holders in this Company was held at the City Hall this afternoon. The Hon. Mr. W. 1. Gresson presided, and there were also presenti

Hon. Sir Paul Chater, C.M.D., Messre, A. 140 books were added to the Free Lending In the district north of Mukden we met aliaupt, E. S. Whealler, A. Siebs, A. J. Ray Collection and 1,8 borrowers' tickets issued. stubborn resistance, but have already cap mond, E Goetz, G. Wood, Thompson, E. The total number of borrowers on 31st Decem- tured Hsiaochisun, five miles north-west of Shellim and II. Schubert, (Directors), F. Salber was 267, drawn from all sections of the Mukden, Pachiatzu, one mile north-east of inger. J. Orange, L. S. Lewis, T. Arnold, A. population, whose demand for literature de-

Forbes, and E. Osborne (Secretary).

serves an increased supply. Hsiaochitun, and Santaitzu.

The notice convening the meeting having heen read,

We destroyed the railway to the north of Mukden. Since the 7th inst. the opomy frequently fired vigorously on our dead and wounded on stretchers and carti in the field west of Ningkuantun.

LATEST NEWS OF THE FIGHTING AROUND MUKDE”.

Tokio, 10th March, a.ş p.m. The enemy, occupying strong positions in the direction of Hingeing, near Tita, bad, for several days, been offering an obstinate resistance, but they were eventually dislodg ed on the morning of the 9th inst, and our detachment is now pursuing them,

The Chairman said:entlemen, the report and accounts have been in your hands for some days, and if it be your pleasure, we will accept them as read. Early in the year two

originated from a highly volatile spirit, which had recently become a new importation into the Colony, and steps have been taken, at con- siderable expenditure, to further safeguard the Company's premises from this and other known sources of dangar. The working pro is you will observe have decreased by $21,645 mainly attributable to the fires referred to, and not to the sanguinary conflict now being waged between Russia and Japan, for although the

The reserve fund on fixed deposit in the Hongkong and Shanghai Bank, which has war has adversely affected our business at been increased by adding the accrued interest, West Polat this has baon more than counter-stands at $15,774,41)

gth inst,

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