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THE FIREWORKS CASHË

IMPORTAST JUDGMENT.

4th inst.

In the action in which Messrs. Carlowitz and Co. sited the Sun Shing firm for $11,937.83 for breach of contract in respect of Canton fire works, his 'Lordship the Chief Justice this morning delivered judgment in favour of the plaintiffs,

Mr. H. E. Polinck, K.C., instructed by Mr. J. Hays, of Meats, Johnson tokes and Master, appeared for the plaintifs, and Mr. H. C. G. Cal throp, instructed by Mr. B. W. Looker, of Messrs, Deacon, Looker and. Deacon, repre.

sented the defondants..

THE HONGKONG TELEGRAPH SATURDAY, SEPTEMBER 16 1905.

it the

of res judicata. new grounds

sto

M'INTERNATIONAL BANKING

CORPORATION:

CHINESE BANK'S, LIABILITIES,

11th Inst

NEW EXCLUSION TREATY.

PROVISIONS OUTLINED.

13th inst.

In the editorial in this issue allusion is made: to the proposed new treaty on the immigration question as set forth by the Chinese Governi ment By the American mail to hand yester day, we received a copy of the text of the treaty, the provisions of which are outlined as follows

After the date of signing the treaty, laboursts of each country shall be excluded from the men, fishers who salt or dry fish for axport or other, labourers being miners, hawkers, washers

are not within the restriction. The treaty | focal trade, Americans or Chinese not laborers not retroactive, provisions being made for laborers to return to their native countries, certificates being fumlahed.

Chinese labourers for countries other thin America shall have the right to pass through the United States subject to the regulations of

the nation.

respect so good as those of the same grade relief prayed for in Germany, could not be ad the argument be ore me. In the "Australian which had been supplied by the defendent firm duced. It would have been a queition at the Lloyd Companys. Gresham Assurance Society," there was a simple agreement to submit dis- un previous occasions. One other point is clear trial what these acts were, and whether or no from this evidence; that the detailed examina they could have been adduced in Germany if putes to the Courts of Budapest. It was not tion of the crackers was made in consequence they had been discovered after the commence exclusiva as in the present case. There was no

At the Supreme Court this morning, before of these complaints, that this was independent ment if the proceedings and before judgment. reference to the doctrine of Scott v. Avery, nor of the examination made on the arrival of the Further, although it might not have been even to Thompson v. Charnock, the cass cited goods, and that it bore out the complaints necessary to amend the Statement of Claim with doubtful approval by Lord Campbell. It the Chief Justice, Sir Francis T. Piggott, the which had been made by the ultimate pur-yet it is so drawn that on the face of it was simply treated as one of interpretation of suit, in Ka Un v. Wong Ki Hang and Wong the words used. Romer L. J. said the ques-Ki Loung, was called on, Mr. H. E. Pollock, chaten. So far the case seems to me to be there appears to be a prima facie caus

nol till the lasttion is this does the condition merely mean

.C., representing the plaintiff, the defendants free from doubt. But the stress of the defon-

that if one of the parties to the contract is sued

being unrepresented and not present in Court. Mr. Pollock explained that this was a matter dant's argument was on the fact that not only moment that Carlowitz and Company in Capton but also brought forward, and the continuance of the by the other in the Court of Budapest, he will

in which the plaintiff was compradore to the Champion and Company in the United States suit could only have been allowed subject to not take any objection to its jurisdiction; or,

was bound to Indemnity the bank against any had examined the crackers and accepted them terms as to the costs of this motion. I now does it mean that the parties mutually agree International Banking Corporation and as such as good and merchantable. Further that when proceed to deal with the exclusive jurisdiction that if any dispute arise under the contract, it

customers of the bank who were introduced by the complaints came from America the plain clause. The plaintiffs and the defendent shall be determined by the Court in Budapest? defaults or deficiencies which were due to any

Ger. Having regard to the nature of the contract and

him as compradore. Amongst the customers tiffs Erenuously supported their original entered into a partnership agreement

who were so introduced were the defondante, Sir F. T. Piggott said-In this case there opinion that they were good. And lastly, that many, one clause of which provided that all its language, I am of opinion that the latter was a contract for the supply of a certain quan- though the examination might have been, as disputes concerning the partnership should be construction is the correct one." A similar submitted exclusively to the jurisdiction of the point arose in Hoerter v. Hanover Caout

Wong Ki Hang and Wong Ki Laung, who had The cano

been carrying on business for some years in tity of crackers. It was made in Canton between

was suggested, superficial, the examination in the United States need not have been so. Un Hamburg Court. If words are to be given choue Co. (10 Times L. R.)

Hongkong under the style of the Wai Wo a Chinese firm and the manager of the Canton

bank, at 77, Queen's Road Central-an fasti- branch of a German firm trading in Hongkong.der the circumstances can the plaintiffs now be their ordinary meaning, this must menu that is much cumbered with questions of pro heard to say that the crackers were not good? all actions in respect of partnership disputes cedure; but the following points are to

noticed : that in the Court below tution that failed either early this year or at The first question is what law governs the

American possessions being different from" liabilities arising under this contract? It

On and other point I have no doubt: that all are to be brought in Hamburg and not else be seems fairly clear that although it cannot be that could have been done in the way of giving where. It is said that in spite of this clause Pollock B. expressly recognised the paasibility the end of 1904. The plaintiff had accordingly

notice of the complaints and in verifying them this action may be maintained in Hong of an agreement to give a foreign Court exclu become responsible to the international Bank America proper, Chinese labourers may be ad- str.clly called a contract free on board,' the

I will deal presently with the fact sive jurisdiction; and in the Court of Appealing Corporation for the monies due by the Wai mitted into the Hawaiian Islandrand Philippines as far as possible was done both by Champion kong

the Master of the Rolls, in dealing with the crackers were to be delivered to the plaintiffs

We Bank, amounting, in round figures, to some as subjects of other Eastern nations. Chinese in lengkong. It wis assumed.by bath sides

and Company to Carlowitz and Company and that the partnership agreement was to be in

agreement that the agreement ousted the juris thing live $100,000. In accordance with the cus-subjects other than labourers shall be admitted, that the law of Hongkong applied, and there by them to the defendants. The question is part performed in this Colony. Now the

nol as easy one and so far as I know is not authority for this proposition is said to be diction of the English Courts, said that the tam amongst compradores the plaintiff, fortun- into and permitted to reside in this country

contract was a German contract, and that this ately for himself, obtained from the defendants provided that certificates are furnished them, fore that the case was governed by the Sale of

All Chinese subjects who wish to en Goods Ordinance the assumption being based

covered by authority; at least, none was cited. Scott v. Avory (5 H.L. Ca, Br1), in which the

doctrine was affirmed that "parties cannot by question would have to be decided by German security upon certain property, having got a

having proper securities on one of two grounds: either because the

But after giving the question the fullest con- place of performance was Hongkong, or be sideration I have come to the conclusion that contract oust the Courts of their jurisdiction law. The agreement before me in this case is a deed of charge and equitable mortgage dated ter America cause the intention of the parties was that the it is impossible to say that if the goods are not which might be put in the cruder form that if little complicated by reference to submission to 16th November, 1904, from them under which shall not be detained or imprisoned. When, two persons agree for good consideration, notarbitation, with consequent reference to the Inland Lot No. 1,309 was secured in his favour, officials desire to inquire into the rights law of this Colony should apply. The ques

in fact what a purchaser contracts for he is

to use in respect of a given matter, yet they Arbitratim rules of our Code of Civil Procedure. Under this defendants charged in favour of the granted to Chinese subjects in reference to their tion thus raised is an important one, as it is estopped from recovering because he examined

can sue. It was in fact thus stated by Alderson The spul point raised being that by rule 541 plaintiff, the property with all sums of monies admission, nid subjects shall be allowed to not improbable that many contracts are made in

them in the customary way and did not dise cover that they were different. The law of Bany agreement which is to prevent the power is given to the Court to stay legal pro- taterest, costs, charges and expenses due or secure for themselves representatives. The the East under circumstances similar to the present. The leading case on the subject is estoppel applies to words or conduct which suffering party from coming into a Court of ceedings where there is a submission to arbi- which might become due from them to the Inright to appeal from the ruling of the officials la

law cannot be supported." The principle tration: and that therefore the defendant's pro- ternational Bank together with such costs, granted.

Where Chinese have no authority to enter, still Jacobs v. Credit Lyonnais (12 QB. D, induce other people to act to their prejudice on

baldly stated needs much

ex cedure in raising the point in his pleadings and charges, and expenses at the rate of 8 per cent with respect, more $89) and it has been worked out at some the faith of them; not to words or conduct thus

than it moving to have it tried as a point-of-law was

per annum. It was also one of the terms of officials have power to grant outrance or pan- wrong. Law v Garrett (L.R. 8 CH, 16) un-

the deed that defendants would executs in (avsage through the country. Chinese in America length in Dicey's Conflict of Laws The which, as in this case, have no influence on other amination,

our of the plaintiff or of his nominee a proper shall be unmolested as long as they are law- question of the intention of the parties may people's actions. Again it was not a term of received by the Judges and the Lords in at once disposed of It is not expressed, and

contract that this examination should be the case except Lord Campbell. There are doubtedly warrants the proposition that an

agreement such as the one now under con-legal mortgage of the premises in such forni abiding and none shall be arrested without a it cannot be implied either in the case of the conclusive and bar subsequent recovery; nor however certain sentences in the opinions and

Chinese, excepting labourers, permanent or Chinaman who contracted, the branch house again was it a term, of the con ract that there judgments, which throw some light on the sideration does come within the law as to sub and with such powers of sale and so on as warrant. of the German firm, which negotiated the pur should be any examination at all as a condition meaning of the doctrine. Coleridge J. said: missions to arbitration. "Since the passing of plaintiff might require for securing such things

the Common Law Procedure Ac, 5. 11, if 25 aforesaid. It was stated that the defendants transient, shall have the privilege of bringing chase in Canton. With regard to the place of

of acceptance. The examination was said to "If two parties enter into a contract, for the

were indebted to the international Bank and families to this country if they present proper performance the question is more difficult.

the plaintiff in the sun of $103,265 61, and at certificates. Chinese may nai become citizens be castomary, though not an essential custom of breach of which in any particular au action parties choose to determine for themselves that

the request of the bank plaintiff had nominated of the United States. The United States and The first presumption is that the law applicable the trade, which puts it no higher than the lies, they cannot make it a binding term that they will have a form of their own selection in in such event no action shall be maintainable, stead of resorting to the ordinary Courts, a to a contract is the law of the place where it exainination which every purchaser makes of

that corporation as his sominee for the pur China have a right to register Americans and but that the only remedy shall he by reference prima facie duty is cast upon, the Courts to act was made. The second presumption is that goods before he accepts delivery. It cannot

to arbitration. Whether this rests on a satis upon such arrangement. The same rule now

pose of a proper legal mortgage Leing execut Chinese in their respective countries. Dis. when the contract is made in one country to be be treated as purchase after inspection, be-

cause obviously the whole of the goods cannot factory principle may well be questioned; but applies under the Arbitration Act, and the ed in their favour. This was a way he had of agreements in interpretations of the treaty are performed wholly or in part in another, then the

same principal was ncied on in the Australian making the property available for the payment to be referred to The Hague or arbitrators law is that of the place where the performance

be inspected, but only a very small proportion. it cannot be disturbed. The Courts will not

The treaty is to be effective for Len years, We have no evidence that the law of China enforce or sanction an agreement which depri- Lloyds case already referred to, It is im off of the debts for which not only the defend-elected with the sanction of both countries.

An's were liable to the corporation but also is to take place. To this econd presumption Mr. Dicey adds 'especially as to the mode of

would prevent recovery after such an examina ves the subject of that recourse to their juris-portant to bear in mind exactly how this tion if the goods proved worthless. And I may diction, which has been considered a tight ina- question arises. it is proper to raise the the plaintiff himself. Plaintiff therefore asked A years notice is necessary to abrogate, performance." The two propositions are not too clearly defined, for the learned author says. say, in passing, that even if the obligations lienable even by the concurrent will of the par question of res udicata by defence, the hat defendants be ordered to execute the that the lex loci 'contractus may apply to a con. under this contract were to be laid down by ties. But nothing prevents parties from ascer question being tried like that of lis alibi pen: mortgage in favour of the bank in default of tract partly or even wholly to be performed in English law, the case falls well within the faining and constituting as they please the dens by issue of law; but as I have already said which such deed be executed in lieu of and on MORE TYPHOON EXPERIENCES.

cause of action which is to become the subject this defence cannot be maintained in respect of behalf of defendants by the Registrar. another country'; which practically destroys'

cases laid down in the Ordinance on Sales in

His Lordship remarked upon the question of matter of decision by, the Couns." The Loid some matters raised in this action. The point

the Registrar's responsibility in the matter, the value as a legal proposition of the second

which the doctrine of caveat emptor is ex- presumption think the only way of ascertain-

cluded. The statement of what I believe to be Chancellor put the principle in a very different is whether the exclusive jurisdiction claucè can ing what law is applicable in nay given set of the law applicable to this case may be tested way. He said: There is no doubt that where a be raised by defence when rule 451 has, on the and said he should only make the order sub. circumstances is is determine clearly what the

in the concrete by reverting to the simple ex-right of action has accrued, parties cannet by authority of the two cases cited, provided aject to the responsibility of the solicitor con-

contract say that there shall not be juris means for dealing with legal proceedings com-cerned. obligation is winch is alleged to have been

ample already given: supposing the con- broken. If it is connected with the mode of

tract had been for the supply of several diction to enforce damages in respect of menced in spite of a submission to arbitration. performance, as Mr. Dicey suggests, then clear-

hundred tins of beef. Now, though when the that right of action. This doctrine depends During the argument I expressed doubts whe: ly the law of the place of performance must plaintiff made his examination and look deli upon the general policy of the law, that ther the Arbitration Act could be applied at all to an agreement to submit to the decision of very, all the tias he opened contained beef, yet if parties cannot enter into a contract which

a foreign tribunal. On further consider apply, as in the Credit Lyonnais case where the question was whether the French law of

it afterwards inspired that the large majority gives rise to a right of action for the breach

of it, and then withdraw such a case from ation i still doubi u, inore especially where, as force majeure was a sufficient excuse for of the tins contained mutton, it seema self-

G. A. Heir, sub accountant of the Interna-Lunt, which a rived in port on Saturday evening the jurisdiction of the ordinany tribunals." here, the agreement is in a foreign contract. As failure to perform a contract in which England evidence that the defendant could not say

The question in dispute was whether at a the Master of the Rails said in the case cite tunal Bank, produced a certified copy of the from Shanghai, which port she left on the 6th inst., reports that the experienced light variable was the place of performance. If the breach You examined them, found beef, said that the

tins contained beef; therefore they do congreement that a reference to arbitration should above, the contract being a German contract it account with the Wai Wo bank showing that up winds and fine weather to. Chapel Island, after must be construed according to the law of Gero the 24th July last, that bank owed the passing which she met fresh to strong S.E. and in this case had arisen in connection with de livery in Hongkong, they the law of Hongkong lain beef', and this on the evidence before be a condition precedent to bringing any action

on a policy of insurance fell within this prin many, and again English Statutes do not ap f102,833.37 which, with interest to the present S. winds, with a strong swell from the same would apply. But in this case the breach was

me is perfectly analgous to the present case.

ply to acts done out of ingland unless express date, amounted to $104,482.93. That bank was in connection with the quality of the goods de- The defendant seemed at one time to suggest ciple. Lord Campiell, agreeing with the Lord

ly so stated. Further, much of the Act is quite Introduced by the plaintiff who, as compradore quarter. On the way down she passed numer ous dead bodies of Chinese, while a consider fivered: the question being whether the crack-

that the crackers were in fact good. But this Chancellor, declared that policy required that was not insisted upon; nor could it be, for the effect should be given to such a contract. He inapplicable to the judgment of the foreign was responsible for every Chinaman whom he able number of coffins and quantities of wreck-

-Count resulting from the submission: Rule introduced as a customer. ers were what they proposed to be, or whether, 10 adopt English law terms, the rule as to im evident is against him. He did suggest then discussed the principle itself, and said

The plaintiff, who said he had been comprare were passed between Gutzlaff and Steep

Island.

S.B "ALDOATH." plied conditions applied or the doctrine of however that the crackers were in fact low that "it probably originated in the contest of 550, for example, could not apply; it allows an .caveat emptor. The law applicable to this grade crackers which he ordered and which the Courts in ancient times for extent of juris award to be enforced in the same manner as adore of the International Banking Corporation

Captain Michalson of the British s.e. Aldgate, obligation must be the law of the place of de- could not be expected to make much noise diction, all of them being opposed to anything judgment of the Court. But the judgment of since about May 1903, bore out the opening livery and this was, in my opinion, Canton. It and often none at all. But part of his case that would altogether deprive everyone of them the foreign Court is in no sense an award; and statements of. Counsel, and added that defen

wh ch port she left on the ist inst., with a cargo was there that the goods were examined and

is that the crackers which were tried were of jurisdiction. There is a saying of Lord Coke, the Legislature certainly never intended to dants were not at present in Hongkong and he which arrived on Saturday.evening from Moji,

The order was made as requested.

of coal for this port, reports that on the and insti Accepted by the person who had charge of good, gave the roper noisy explosion and which is the original foundation of this doctrine: allow execution on a foreign judgment to be had no idea where they could be found.

obtained in this way. The action on a foreign

she encountered a typhoon io lat. 3325 Nj the negotiations for the plaintiffs, in the pre-

suppose the proper percentage of explosions; it is this 'if a man makes a lease for life, and

ang 118.15 E., "After that she experienced sence of the defendant: it was there that the

sni that his own case'is ngainst him, as well as by deed grant that if any waste or destruction judgment has obviously no analogy to the pro It may be that

moderato Southerly and 5.W. winds, until the plaintiff decided whether or no he would ac

the evidence on this point. Deterioration be done, that it shall be redressed by neigh-cedure indicated in rule 550.

8th inst, when she encountered a strong eart cept the crackers. The transport to Hongkong during a long sea voyage in what I should have bours, and not by suit or place; notwithstand the authorities do not really go farther than that

erly gale, hauling round to the South, and was, it is true, part of the original contract, but thought might have been set up with some ing, an action of waste shall lie, for the place rule 541 applies to such a submission. Du

moderating at 4 am. on the 9th inst. that occurred after the question whetherthegoods prospect of success. But when I put the wasted cannot be recovered without a plea. even then it cannot apply to an exclusive sub Where an action is indispensable, you cannot mission, for that rule is based on the idea that were in accordance with the contract had been

The recent tragedy which was disclosed at aust the Court of lis jurisdiction over the sub- the Englisin Courts have a concurrent jurisdic. decided. In the particulars of this preliminary

But the hypothesis Tanglin Barracks when the dead body of Pri

CANTON TEA MARKET, examination the facts something resemble

ject, because justice cannot be done without in with the arbitration

in the present case is that the Englishvate J. Short of A. Company was discovered in those in the Credit Lyonnais case; for there, as

the exercise of that jurisdiction. That is all,

Courts had no jurisdiction because it has the Regimental Swimming Baths has been for

[From Our Correspondent.] here, there was 10 be a preliminary examina-

and there is no doubi about that. tion and approval before actual delivery.

foundation of the doctrine that the Courts are been ousted by "greement. It is there some time shrouded in mystery, but the facts

Canton, 11th September. to be sufficient to This was held not

not to be dusted of their jurisdiction." He fore difficult to see how a stay of proceedings are so important and the matter one which it then refers, though hardly with approval, to can possibly be the proper remedy; for that appears i so desirable should be made public, of disturb the presumption that the law

Since last writing you on the state of the lea contract had been

the cases which admit the possibility of supposes the possibility of continuing them at that the information ar supplied to us (Singa England where the

some future date. If, therefore, I am right in my pore Free Press of 7th inst.) from an esacnilal market here only about 4,000 boxes, of 20 lbs. the contract. In this

an action being brought in spite of an made applied to

ench, have been sculed for shipment no later It may be remembered that Short, who was than Wednesday next. The stock in hand is case by parity of reasoning the fact that the

agreement to arbitrate, where the arburation view that the English jurisdiction has been ly reliable source is here given. had not been made a condition precedent ousted, there is no other way of raising that examination was to be made and approval

We have

The a good behaviour mat and had a permanent here, then, the principle; question effectively except by plea. and if Lord Campbell's opinion be followed, Court of Appeal in Law v. Garrett expressly all night pass to stay in town if he so desired, about 10,000 boxes, Only the best tea are in said that the jurisdiction of the Courts was not was met on the night of Friday, July 29, by quired for, and very litla business is doing.. there is nothing left of it. But taking, as I am bound to do, the judgments of the other judges, usted by the provisions of the Arbitration some military police la Middle-rd about ball. So far o wire has been received from England there are two very important terms used by Act; and if there had been no such legislation past eight o'clock. He volunteered the inconcerning the first shipment, and until this

any further settlements, them which cannot be overlooked. The

the only way to raise the question would have furmation that he was going back to bar comes to hand it is doubtful if there will be recourse to the jurisdiction of the Courts which. been by plea as it has been in this case. The racks at once, but at reveille next day he wor is not to be interfered with is that of "the defendant is therefore entitled to judgment on absent and was found as stated dead in the right"; and the Courts referred to are called being that the action in Hongkong must be from bis quarters was his cap, and it was subjects it is this which is the "inallecable the first issue of law raised by him, the result bathe. It appears that the only thing missing through this he was eventually traced. Ho the "ordinary tribunals." Now, if this princi- dismissed with costi.

had on leaving barracks a certain sum of ple is to be applied to the present case, we

money in his possession, and it is known that must say that the British Courts are the "ordinary tribunals for non-resident forei- MALARIA AND THE MOSQUITU, he went to a certain place near Middle-rd in a rikisha, and the original supposition was that the coolie bad murdered him for the sake of this money.

given in Canion seems to me to enforce the

question to one of the witnesses the answer was that there would be no deterioration and that answer was not challenged; there had never been deterioration before. There remains mere accident or fraud. Either is possible though not necessarily on the part of the defendant firm, who did not make the crackers themselves. Bet this would be no defence to this action, whatever niay have been the cause of the crackers being defective, as Carlowitz and Company have suffered by it, so also must the defendants suffer, though perhaps they may be able to recover from the makers, who supplied them with these inferior goods. Judg. ment must therefore be for the plaintiffs with coste in accordance with the claim of February 23, 1904.

Mr. Pollack pleaded at length for immediate execution as defendants were out of the juris diction of the Colony, and it was desirable that plaintiffs should obtain the effect of the judg. ment as speedily na possible.

Mr. Calibrop opposed this, and pointed out that defendants had already commenced an other action against Messrs. Carlowitz and Co and execution was stayed in the previous case brought by them.

His Lordship refused the application.

A PARTNERSHIP AGREEMENT.

SCHWER AND OTHERS 2 VON UFFEL.

11th inst.

Sir Francis T, Piggott, the Chief Justice, found time, during the rush of business before the Supreme Court this morning, to give his decision on the issues of law submitted to him in the suit, H. Schwer and cikers v. W. von Uffel.

Mr. E. H. Sharp, KC, instructed by Mr. H. W. Looker (of Messrs. Deacon, Looker and Deacon) represented the plaintiffs, and Mr. H. E. Pollock, K.C., instructed by Mr. H, Hursthouse (of Messrs. Deanys and Bowley) appeared for the defendant.

This is the

'SIR HENRY BLAKE'S RECENT

ANNOUNCEMENT.".

Mr. Pollock-We are quite prepared to ac- cept that.

His Lordship don't think I can go any further than that. We cannot suddenly turn ourselves into conveyancers. You see there might be some stip

MURDER IN SINGAPORE..

A MYSTERIOUE STORY.

An extraordinary discovery was made short- ly after however in the barracks. The chaised As the meeting of the Ceylon Branch of the and half burned wreck of a rikisha was found Royal Asiatic Society, held at "Sirinewasa" the hidden away in a secluded spot. It was op residence of Mr. Ph. Freudenberg, short time parent that someone had for some reason at ago, H. E. Sir Henry Blake made the antempted to destroy the rikisha and the discov nouncement that in an ancient Sanskrit work, ery led to the unearthing by the police of the Susrula, mention had been made of the con coolie. Thus far there was nothing to suggest nection between mosquites and malaria. The more than an ordinary crime, but the finding Announcement created a stir in medical circles of the coolie led to the unfolding of an astounde and His Excellency, who was approached by ing story. Sir Ailan Perry, P.C.M. O., wrote a note en

It is affirmed that this rikisha wat -hired

rich inst

Incoming steamers still have more newe to bring of the ravages of the late typhoon, which came so near this Colony, and it would appear that we, should congratulate oursives here that we did not have the experience that Shanghai has had to go through, as shown by the recent reports from that settlement.

半

5.9, "KWANO TAH.".

The Chinese steamer Hwang Tak, Captain

THE POST-BELLUM EX- PENDITURE,

SOME PROBLEMS FOR THE GOVERNMENT.

presumption in favour of the lex loci contractus. think therefore that this is a Chinese contract. 1 indicated at the trial that this might be the view I should take; the defendant answered that the plaintiff had failed to show what the law of China is. But it is the defendant who has in reality appealed to the Sale of Goods Ordinance and to the rule caveat emptor; he has failed to show that similar principles are in force in China. I cannot assume that they are. There are, however, some things that a Court may assume; in such a case as the pre-

The withdrawal of the troops from the front rent that it is part of the law of China as of

gners to resort to; and also that it is their

is the first important work to be undertaken It is every other country, that you are entitled to

inalienable right to resort to them.

after the peace agreement is notified, and it is gat what you pay for; that if you buy beef an

true that foreigners, whether resident or not,

stated that the transportation and dibanding action will lie against the vendor if he supplies

are allowed to sue in the British Courts. When

of the enormous army will cost the Government you mutton. So if you buy a cracker you are

they are resident it is their right, but I doubt entitled to get something which does what

whether it can be called their inalienable right.

something like Y300,000,000, but this is pro crackers are supposed to do: explade with a

When they are non-resident it is subject to a

bably an exaggeration. However, there can be no doubt that the sum will be very large. certain satisfactory noise, which is in fact a

condition, which is liable to be altered: they cracker. The whole question in this case is

The money appropriated for the War Budd have the right, on fulfilling the condition, so whether the crackers supplied did fulfill this

this year is now almost exhausted, but there long as it is not taken away. I am of opinion Disential condition. hold therefore that

are V300,000,000 raised by the last foreign loan that the principle which has been appealed to, further proof from the plaintiff as to the law of

if there exists in any other form than that stated

and Y400,000,000 reserved by the Government China on the subject is unnecessary and that

in London as an exchange fund lying unused. the defendant, who desires to justify non-fulfil

by Lord Campbell, does not apply to foreigners

This fand, however, the Government intends at all; certainly not to non-resident foreigners, ment must prove that the Chinese law warrants

will therefore be necessary to mise à fresh fund the justification he puts forward. The solution

Mr. Sharp seemed disposed to concur in of the question whetherthe defendants supplied

this view, but argued that the principle bodying the translation of the particular pas by a man at a certain second cat hotel to hold for some purpois not disclosed, and it did apply, even between foreigners, in the sage from Suaruta which note was signed by in the early hours of the 29th, and that for the transportation of the troops and ways four learned Oriental scholars, including High this man got in with a body and ordered and means require the immediate allention of crackers in the ordinary sense of the word, is

case of a contract to be performed with

the financial authorities. The redemption of simplified by the fact that there were

The answer to this Priest Sumangala, and read at a meeting the coolie to go to Tanglia. Here he is

Treasury bonds, which now amount ita: 1,300 doubtedly previous dealings between the same

in the jurisdiction. parties in respect to the same quality of

is that there is no such doctrine as that the the British Medical Association, Ceylon. It supposed to have deposited his burden in Courts have either exclusive or inherent juris- was felt doubtful that at the remote period the baths and to have endeavoured to destroy-million yen, bearing an annual interest of crackers, and that there had been no complaints, such as those which form the subject of this

diction over contracts to be performed within referred to, when bacteriology was unknown, the tikisha by burning it. From this point it the jurisdiction. There is a procedure for any ancient author could have found out the is necessary to go back to the arrival in Singa seventy million yer, is also a problem requis action. The plaintiff knew what he wanted: a

His Lordship said-The judgment "I am effecting service of a writ on absent defendants, connection between the mosquito and malaria pore of a certain man and woman. The man ng solution. Other important matters that low grade cracker, but still a cracker; and the

There was some doubt with regard to said to be an Australian engaged in pearl- require immediate attention are the provision to be made for pensioning the men who are defendant knew what he was expected to sup about to give is based entirely on the clause of and sometimes it applies because a contract,

auling or some similar occupation and the wo

Easter Railway, the cities and harbours of ply. The facts as to the quality of the crackers the agreement, which provides that all disputes the subject matter of the action, is to be per-

mited to Sir Henry Blake, and it was felt man passed as his wife. It is alleged that returning the Improvement of the Chloess that the reference to the mosquito in can. when slaying at the Hotel previously indicat Taires and Port Arthurs and the development supplied rests entirely on the evidence taken arising under it are to be referred to the ex. formed within the jurisdiction. But this can- not be said to be a fundamental role of law.

of Saghalian. It is clear that the expenditure on Commission in the United States of the per-elusive furisdiction of the Gorman Court. But Bons to whom they were subsequently sold by ia view of possible future proceeding, it seems The exercise of this assumed jurisdiction has Junction with other insects mentioned the fedted, the couple quarrelled violently, and the Carlowitz and Company, These witnesses were to me convenient that I should first deal briefly for many years been subject to variation that the sting-of the mosquito caused swel man arranged to pay her passage back to

falled to receive any indemnity the difficulty not cross-examined. Their statements are with the other point of law raised on this fasue, depending on the view of expediency prevail-ling and fever, and similarly the stings of the Australia. She refused to go, however, and the still to be incurred as a direct consequence of therefore unchallenged and must be taken as

is clear from the affidavit of Mr. Schwer filled fog at the time now of Parliament, now of the scorpion, centipede, etc, were mentioned. The pair parted.. It is sten alleged that the soldier the war is enormous, sód now that Japan bas of meeting ahligations must be increksad, Rule Committee. Prior to 1852 it hardly July issue of the Royal Asiatic Society Journal Short appeared on the scene in response to a summons from the woman, and it was whilst

But it is considered that, while the loss of the true. Evidence taken on commission must be on the 6th of this month, that complaints are treated precisely in similar way as evidence intended to be made against the defendant in existed at all. By the Common Law Proce. from i ondon, just received, contains a commu

tion to overcome all financial difficulties. The given at the trial. If it is intended to question respect of his conduct of the partnership which dure Act it was allowed when the cause of action nicating on the subject from a learned German they were together that the man caught them,

arose within the jurisdiction or when a contract savant. He gives the quotations of Susruta and, so it is stated, murdered the soldier by indemnity is serious, the country is in a posi its veracity or to draw other inferences from it were not included in the action brought in the

was made within the Jurisdiction and them and his contribution tends to show that the re-striking him on the back of the head. Hothen than those which appear on the face of the German Courts: in other words, that new language used by the witnesses this must be grounds for the relief prayed-dissolution of arose the well-known discussion as to what ference alluded to by Sir Henry Blake had managed by extraordinary skill to carry the Diet during its next session will fully consider prepared by cross-examination. Nothing can the partnership-are to be put forward. While "cause of action meant when applied to can connection with malaria but that it yet lelt dead body from the hotel without disturbing the situation.-Japan Chronicla. be more dangerous for the other side to allow therefore it is clear that in respect of these tracts. In 1875 one set of rules was issued the question open for further inquiry. The the authorities, and conveyed his ghastly the evidence to be taken without being repre matters which have already been adjudicated in 1883 another; and there may be others in suggestion is thrown out that the Ceyn Branch burden from the hotel to Tanglin in the rikiba, NATIVE nomads who return to Singapore after in a manner auch as to permit of no repetition of sented. When once the order for the Commis upon in Germany, and in respect of which this the future. And the rules vary in every of the Royal Asiatic Society of the medical a long journey. What happened there has being banished from the Colony are dealt with sjon has been made on the application of one relief has been refused, the matter is res judi- Colony. It is therefore impossible to say that it profession should investigate the matter. Fer been already detailed. The man, we under-

haps some of our learned scholars like High stand, is still in hiding, but is sald to be well the offence. The other day a Chinaman who party the other party can only decline to take cata, yet a different foundation to the claim for is a recognised principle of law that the Courts part in the proceedings at bis peril. It may be relief is intended to be advanced; and on the of any country have jurisdiction over contracts Priest Sumangala, High Priest Dharmarams, known to the police. A special jury was con was banished from Singapore in 1901. Was costly; but that is inevitable to the grant of a authority of Henderson v. Henderson, I think to be performed within the jurisdiction. Mr. Simon de Silva, Madaliyaz Mr. A. Mendis vened by the Coroner in this cass but nothing recognised and arrested by a detective in ons Lionel Cox sentanced him to prison for the Commission, which is part of the regular proce that such a suit in Hongkong is not barred by My view that att agreement to submit disputes Gunasekera, Mudallyar, and Mr. W. F. Guna was made public a to the verdict arrived of the thoroughfares, and at the Assizes. Sir

to the exclusive Jurisdiction of a foreign triwardena, Mudaliyar, would communicate their at the

The reward offered by the police for infor, term of his ostural life, a sentence also meted dure of the courts. From this evidence then it the judgment in the German proceedings. In

views on the matter by giving critical transi appears that the crackers were bad in every such sull, however, the evidence as to acts done bunal will be enforced by the English Courts to rospect: that lnnumerable complaints were re before the trial in Germany which might with the ousting of their own jurisdiction in spite of ions of the passages referred to on the subject mation which would lead to be arrest of the out to another Chinaman who, by soms mise

after he had been banished from the Colony, the doctrine of Scott v. Avery, in supported by of the mosquito, fever and malaria-Ceylon person or persons concerned in the death of take landed in Singapore instead of Sumatra,r

Pvt. Short has bean increased to $500. ceived from the ultimate purchasers that they reasonable diligence have been brought Tor did not explode, and that they were not in any ward in support of the foundation for the loference from certain of the casse quoted in | Independent,

the translation which

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