1905-11-06 — Page 5

ɛdent vine

phote.

which being Races, ngkong resid

His: Lordshi

former, suing:

and two rce of the Judymant for

given his cision on the question ralaed by Mr. H. E.

power of the.

Land to the time,

Ads, were

on

Lance-Bars marica - Bank ermann-Ban!

- din T.I

anghai-1

How | Singapore

ching-to

apan-Bank ava—Bank TyT..!!

1 months' sight L/C, A months' sight L/C

Buying

25/09/16 days sight San Franco & New York magi 1 months sight and, in

the plaintiff. action:353% was thie Fregistration-was ussential in, the vitafityról the writ, because gistration (was always necessitry inshechie of execution against immoveables; in other words, that the execution by the Bailift in

immoveables, as the ̈axecule, depended

Pollock of the priorijy of service of written fase is to be arrived at by following out the train We hear them, exhorting us to hold burselver anoniks' 391) Franch

think the solution of the question before Mr. H. G. Culthrop, instructed by Mr. D. of thought suggested by this argument. I use V.Steventon of Messrs. 17encon, Looker his language as the wording of the Code is by. and Deacon, appeared, for the plaintiff Bank in his means free from doubt, and it is only after pon the first suit, and Mr.-H. E. Pollack, RC, giving the matter prolonged consideration that instructed by Mr. L. d'Almada Castro, ofhave been able to arrive at a conclusion: In the first-plate, as the writ issued under this Messrs. Brution, Helt and Gelding's office chapter of the Code is not an ordinary writ of for the plaintiff Bank in the second suit the execution special provisions must be made for

|'executing it.

Later.

gare the results of the races, by gram, for which we are indebted to Mr. F. Hough, Clerk of the Course, Hongkong Jockey Club ANALY

The Miloo Plate. Half a mile. 1—Mr. Kanuck's Hokuku.“ a-Mr. Robson's The Limit,

3- Messrs. Common and Robson's Tiura,

Time: 59.3/5 secs.

The Criterion Staker. One mile.

Mr. G. H. Patta's Heather King. "a" Mr. Quebec's. Celtic.

3-Mr. John Peel's Ard Patrick.

Time: 2.05 3/5"

| defendant "neither, being present nor repre-

sented by Counsel...

||

Section 457 provides for execution by the His Lordship said :-A question of priority There is no similar provision with regard to

¡Bailiff in the case of moveableazi be last and perfect for as between two wills nf what is called wriis against immoveables. But I have already Foreign Atachment in the Code of chestrued the first words of section 458 (1) or Civil Procedure was raise tin, two actions not applicabis to waits against moveables only, Against Chau Tung Sang. 1) must say and is therefore follows from this that the words which determine priority according to the at once that the heading to this chapter of date and time at which they reach the hands the Code is erroneous, 11 is a process for of the Bailiff for execution carry with them seizing property within the jurisdicion belong an implication that such writs against immove ing in a defendant out of the jurisdiction, withables are also to be executed by the Bailiff." ut having recburse to the usual procedure of the question unless the reason of the thing This of-itself. might not perhaps have decided service out of the jurisdiction. This is made were also in favour of this construction, and of clear by section 453 (1) (8) which provides that its necessary consequences, one of the conditions precedent to the proce‹ Let us see how judgments are to be axecuted. dure being made use of is that the plaintiff has forced by attachment and sale of the debtor's Judgment for money is by section 371 to be laken out a writ of summons against the deproperty, the property liable to attachment fendant; but that the defendant is absent from being defined in section 377, and includes Lite Colony, or is concealing himself and there moveables and immoveables. By section 394

·fore cannot be served. 11 ju.quite regular co the paper writ for execution is to be used by issue a writ of summons for service within the the registrar, and by section 3901he Court is to cause the property to be attached in thari anner. The Maiden Stakes. Three-quarters of a jurisdiction against a defendant who may be afterwards prescribed. By section 4:0 move

abroad, although it cannot be served at the ables are to be attached by actual seizure by the time. Its object being to serve the, defendant Bailiff; and by section 401 the altachment in should he at any time be found within the ju the case of immoveables is to is made by pro- hibitory order, which by section 4 6(1) is to be risdiction. Under this process it becomes usa-served so the defendant, and is to be registered ful in another way: where the cause of action in the Land Office if the property is already srose within the jurisdiction property belonging registered, to the defendant in the Colony may be seized. This in principle resembles the Scotch proce dure of arrestment to found juuisdiction. It is | very exceptional procedure, but under the circumstances of this Cofmy where much busi- ness is conducted with Chinamen who com and go so easily to Canton it is a very valu-

ever the defendant has many editors in the Colony, be exceedingly important, but as the Codex now drafted it is not free from doubt in the case of the procedure being inade use of Engainst inimoyeables. Every point which could throw any light on the meaning of the sections was put before me, the question being ably argued on both sides.

mile and

1.--Mr. John Peci's Bicester,

---Mr. Carl's Lonely Knight,

Sunblinks

Time : 1:31 4/5

[Renter's.]

Виьвів.

LONDON, 3rd- November,"

the out illustrate the gospel of revenge in colours la carnadine Farthermore, we have the spectacle of the latter-day sect the farmists affirming their bellef in the existence of a Yellow Peril.

id readiness to stem the tide of armed aggres- tion, which, in their opinion, is rapidly rising in the Orient to ebb in a ruined Occident. To the query- Must we believe them?" comes is only answer" No, certainly not.** *

10 days siyht. Sydney and Mellons

4 months sight Germany

monthe sight?,

Bar Silve Bank of Enginarigente

Sovereign

-To-day's.qum

Malwa Now

1

Nider 727 Oldest

Patna New

Old

femier S

OLE

Persian (Paper)_dais

Thove nobia martyrs, who fell in the fight for life against a mob of Celestials, met their deaths serenely happy in the consciousness that in the eyes of their slayers they had seen no light prophetic of a Yellow Peril. There was never, there is bet, and there never will be a Yellow Peril. The Chinaman may achieve success in the prosecution of a boycott, but for the successful carrying out of a coalition against the armed forces of Europe; he has not, has never had, nor ever shall have the courage necessary to achieve the desired and.” Years of havoc with the heart of the Chinaman. With life in a semi-tropical climate have played it he may and possibly does feel a paternal affection for his offèpring; he may also ̧ ex- the Foreign Devil; but, he is never instilled by perience foy and sorrow to as full an extent as

it with the courage that has placed his Occiden-be tal cousin, in the forefront of the world's history, it is a heart that lends a vacuous expression to his countenance; that leads him to overmuch thinking in the abstract, and (to his cost) to abstracting much without thinking. It is a heart withour pity for the misfortunes of others; it is intensely perce loving, and it torches the degirine of Passive Resistance to the exactions interference of the missionary, and to the grab- of superiors, to the well-meant but ill-timed

alt policy of the gentleman in the Treaty Ports. durance, it seeks the oblivion of the drunkard Occasionally, when exasperated beyond en- in capious draught of rich, red human blood,

The Form for Execution, No. 30, addressed to the Bailiff provides for seizure in the case of moveables, and the service of prohib tory orders, the probibitory order-Form 3 neing that issued by the Registrar on the application of the parly. Turning | This heart John Chinaman, onver wears, upon Attachment." section 461 provides for the case now to the procedure called “Foreign | his sleeve. He never did ; he nover "doex; nor

The troops are re-assuming 'control of Odessa, and clearing off the mobs.

The railway men are continuing the strike, in order to prevent the despatch of troops to: Abie one. The question of primity must, when- simple. There must be some analogy betweeman's mirror of the mind does at no time re

Finland. I

¿AMNESTY PROCLAIMED.:

Later,

An Imperial Ukase has bears signed at Peterhof, proclaiming an amnesty,

The general situation is unchanged. Anti- ich disturbances and massacres continue,

#parchy reigns în Odessa..

"British Embassy in Tokio. Sir Claude Macdonald has been promoted

An Ambassador.//

New Zealand and Japanese Immigration.

U

In Action 353, at the auit of hiu Tak Bank the wait so called of " Foreign Altaobment was issued on gih October, the memarin was registered in the Land Office at 10 am. foth, and it reached the Hallift for execution at (10.46 8.m. on 13th.

of immoveables, a registration clause pure and will be ever. Contrary to popular belief among the majority of outer barbarians, the Chida- the process of execution in the case of this. attachmentated in the case of judgments.. But flect his inpermost thoughts. Under the most the argument of the plaintif in action 353 searching scrutiny his face remains as enigma- sound, the registration alone would be suffi:tical and inscrutable as that of the sphinx. cient.

Small wonder then that the missionaries are

.29 1116.

ROBINSON PIANO

COMPANY LD.

60 NEW PIANOS

arrived for our

NEW STORE

998 Bechstein

• Perfekt IN-1300/1,00 @h=1;140/1,160

Per chatt

980 <1,030-

To-day's Advertisements.

BANK HOLIDAY.

No. 227 the EXCHANGE BANKS H FN accordance with Government Notification. CLOSED for the Transaction of Public Business on THURSDAY, the 9th instant the Anniversary of the Birthday of His Most Gracious Majesty King EDWARD VII,

Hongkong, Bth November, 19254 ? [1087

NOTICE.

FROM WEDNESDAY, the 8th November, chants, will carry on their business at

Mesar, GREGOR & Co., Wine Mer

19, QUEEN'S ROAD CENTRAL. (premises lately occupied by

Meier, KELLY & WALSII).

· Hongkong, 6'h November, 1905, 1089 NAVIGAZIONE GENERALE ITALIANA, (Florio and Rubattine United Companies.}

STEAM FOR BOMBAY VIA SINGAPORE AND

PENANG.N

Having connection with Company's Mail Steamers to ADEN, SUEZ, PORT SAID,

MESSINA, NAPLES, LEGHORN.,

and. GENOA, also VENICE and TRIESTE, "All MEDITER- RANEAN, ADRIATIC, LEVANTINE, -.

and SOUTH' AMERICANĀPORTS!

up to CALLAO;

GULF and BAGDAD, "also 'BARCE. LONA, VALENZA, ALICANTE, ALMERIA and MALAGA), Steinship

HE

"ISCHIA, on SATURDAY, the 1th instant at Noons Captain Cogliato, will be despatched as abo

At BOMBAY, the Steamer is discharging in VICTORIA DOCK

For further Particulars regarding Freight ind Passage, apply to below

CARLOWITZ & Co.,

Agent

(1090

--The writ issued under section 453′ in "of general attachment" against all the defendant's taken by surprise and slaughtered before they taking Cargo at through Rates to PERSIAN property in the jurisdiction, moveable, and im can offer the least' resistance, We are not, Vaimoveable, and it is in Form 38, addressed to however, to take these spasmodic exhibitions the Bailiff. This Form is short and does not of fury as tokens of a bi jod-sinined cataclysm an Express instructions as in the case of in the years to come, John Chinaan bas Form 30, the ordinary writ of execution. The meaning of section 457 must therefore be that lived for centuries under the obloqay of totale, for there would be no other, way in which herages to the pinpricks of foreign intrusion in the case of moveables the Bailiff is to seise, mandarins, and emperor he has submitted chuld execute the writ. But the process by way and, he, has worn the degrading queue until he of prohibitory erder is apparently not, required either for moveables or immoveables for there has come to look upon is as a mark of distinc. is no reference to it. But in the cafe of im- tion rather than a symbol of subjection. Can moveables there is to be registration in the we, therefore, repase any confidence in the Land Office, apparently also whether the pro reiterated Yellow Feri' prophecies of irrespon

is 'n ready registered or not, if it is. psible sensation-mongers? We cannot, neither ible for immovable properly not to be registered. This registration therefore stands can we imagine Japan as the habitat of the impossible for it to stand by itself in lieu of the aided in that country; but, since the Japanese lieu of the prohibitory order. Hat it is khaki-coloured bogey, :He may once" have re-

form of the writ would be meaningless. issue of the writ to the Balliff,: If it were so the as the Salt of Genius have combined with the British as the Salt of the Sen, and the Halidity of the admixture has been liquiffed by libations

than water. Into a huge inland ́ses upon the

In Action-355, at the sulf of Spy-Kul lank, the writ was issued on 11th October, reached the Bailiff at 1.15 p.m. and was registered in Land Office at 3 pm on 11th d

waters of which no hosille navies shall ever feat, he has seen fit to move into more con- genial quarters,

The Second Cruiser squadron's Visit.

4th November, Prince Louis of Battenberg and officers the Plaintiff in 353 contends that under sec of the second cruiser squadron, have paid ations 46 and 463 of the Code the registration of the memorial in the Land Office is the step three days visit to Washington; they were necessary to give vitality to the write le did received by President Roosevelt at the White ont in fact give the wilt to the Bailiff till 3 days House with great ceremony and cordiality:ction 458 of the Code the important step in after. The Plaintiff in 3:5 contends that under when Prince Battenberg presented a personal the handing of the writ, in the Bailiff for execu message from the King, 1

tion; his.registration took place, immediately

The writ must be issued; and as it is address. Shafterwardsons de

ed to the Bailiff it must go to him; ind as it The question is whether in the ease of immust go to him-priority-must be decided inoff'entente cordiale and the blood that is thicker. moveables the registration in the Land Office or() although the writ which reached the Bili

accordance with the rule laid down in s. 458

Newton is the imp stant niep

the handing of the writ to the Bailiff for execu

second should ranch the Land Office first. This therefore the broad principle which this judgment must be held to decide. But in the case before me the facts are different, for the Should internecine atrile, however, in the plaintiff in action 353 'registered his memoriald and distant future: bring about the ex- efore handing the wall to the Bailiff. Partirpation of the White Man, we may die happy suing the analogy between the two procedures, the belief that Macaulay's New Zealander's this is as if the plaintiff were, in the case of an ordinary judgment, to get the prohibitory order breiber, and not the shaki-dyed villain, shall issued before the writ of execution is in the lift his voice and in unison sing :— „Bailiff's hando: In this caso therefore there is

"Regions Car never knew. no such attach nent as is contemplated under

("Our (sic) Poręrity shall sway," this Chapter of the Code; for all attachments

PROMISIO. ingenious argument were sound, such a course must be by process of Court. If Mr. Calihop's

November 4. would inevitably, be justified; but it would, an have already said, render the wards actually meaningless..

Mr. R. Sedon, the Prime Minister of

land, in a speech, declared that the Japanese will not be allowed to come to New Zealand, which refuses to be dictated to..

"[Stratif Times].

Affairs in Russia.

Now rection 458 deals with priority of writes it runs as follows:

Where two or more writs issue at the suit of different plaintiffs, they shall take priority respectively according to the date and time at which they reach the hands of the Bailiff for execution.

In deciding this question the most autural At the Putiloff and other great works at St. Course would seem to be to refer to this sec ion Petersburg the labourem have struck, ̧

jand establish the priority according to it, in "which"" case "the Soy Kut Bank would come first. But the Siu Tak Bank in action 353, that section 45B applies, only to the case of pinning their faith entirely on section 463, Bays,

moveables. 7. It is to be noted that they were in fact first in the field-their procedure having

Interned Russian Warships.. At Saigon the cruiser Diaus has rebelsted her flags

The Faurevich bas left Kianchau.

The Oleg, Aurora, and Zemckig have left been commenced on joth whereas that of thesed in the sections and Forms of the Code

Manila for Saigon, deve

Troops 'Fire on Railway Men.

“* A number of people were killed and ́s

The Renown

low

b

wound

Editor: vel he cannot prevally would have made their meaning clearer, In

erroneous,

plaintiff in action 355 was only commenced on fith. The law usually favours the speedy cres. The real difficulty in the case arises from the f his procedure is omission of many words in the saction which addition to those already noticed, there is this further omission, that although the writ to the Bailiff requires him to autach, there seems, in the case of immoreables, to be no further step |.. which he is required to take. Undoubtedly this is an argument in favour of the plaintiff in action 353; but, whatever may be the reason for this omissiop, I am clear that the formality.

The troops at Ekaterinoslay yesterday fired. Now the reason advanced for saying that | doto an assemblage of railway men and also section 458 does not apply to the case lato's political demonstration,

of immoveables' is that section, 437 provides that "every will agair at moveables shall be executed by the Bailiff; and that the words two or more writs in 458 must naturally refer to the word 'writ to the section immediately preceding: its more especially as they appear. M.S. Resown has been signalled at Port to be linked by the reference to "execution by of handing the writ to the Bailiff cannot be the Balllet was further suggested that ex omitted, that the reception of this writ by the ecution by is appropriate to the | necessary initial step is cuer, case of moveables. Against this there are two whether the property attached bo moveables the absence of the connect or immoveable, and therefore that in all cases Porduch, which is invariably used to priority it to be determined, as laid down in where President drafting white one section is intended to refer section 18 this is according to the time at to any subjecí dealt with in the section Imme which the writs respectively reach the Bailif diately proceding the pee for execution. Priority therefore resis with the betold Code No: 13 of 1873 in which section Ba

And this is supported by a reference to the plaintiff in 355failed explore 18th October,

Another diffically arises which may be saria (6) [now 457] begins **Every writ of Foreiss out. The memorial in Action, 313.does not d for Litban: · Attachment against ronveable property and cover all the properties which apparently be

section 81 (7) (now section 458] begins Where long to the defendant, as the memorial in 355. twa'or more writs of Foreign Attachment issue? refers to sub-Tec à of section Def RCA The first section is specific, the second general,tion to Marine Lot 18.So far as can see and do tot

equires

with two deaths ing? word

of the old

there is nothing in the rules. plaiptiff to specify

wishes folk

NO

· Hongkong, 6th November, rgos.

COMPAGNIE DES MESSAGERIES

ONE MARITIMES, REE PÂQUANOTS-POSTE. FRANCAIS, FOR SHANGHAI, KOBE AND

MYOKOHAMANI

THE Company's Steamship

POLLUTONKIN,"

Captain Charbonnel, will be despatched for the

bove Ports, on or about MONDAY, the 13th Instant.

For Freight or Passage, apply to":

G. DE CHAMPEAUX,

Sala Agent, AIN Hongkong, 5th November, 1905. 12 PORTLAND AND ASIATIC STEAMSHIP COMPANY.

NOTICE TO CONSIGNEES.

STEAMSHIP "ARABIĄ,”. FROM PORTLAND (OR), YOKOHAMA,

KOBE AND MOJI-

SHIPPING AND MAILS THE above Steamer having arriveducated

MAILS DIE Canadian (Tarfar) 7th Inster Andant German (Prinic Alica) 7th insti, daylight, German (Prins Regent Luitpold) 8b inst. Australian (Eastern) och just, rats. Canadian (&mpress of Japan) aaud inst “Australian (Changsha)'5tli prox. Alders

The Imperial German Matias. Willskad left, Brisbane on 31st ally and may be expected here no 19th insta

signees of Cargo are hereby

to send in their Bills of Lading, for counter signature, and to take immediate delivery of their Goods from alongside

Cargo impeding the discharge of the Vessel will be landed and stored at Cock Consignees' risk and expense. 97 **No Fire Insurance will be effected by us in any case whatever.

8, SILVERSTONE, My Acting General Agent. Hongkong, 6th November: 100% AUD

HANJAVA CHINA JAPAN GJENGWA KET

Steinway,

Winkelmann,

Krausg

Hmke

AND OTHER FAMOUS AND

WELL TRIED MAKERS ALSO

BABY GRANDS

AT PRICES O

OCCUPYING SAME.

AND WITH ALIS

FINE TONE AND APPEARANC

OF A

PRESENT STOCK

OF VERY FINE FIANOS,

ALL GUARANTEED,

REDUCED $100 To $200

TO END MONTH

BEST MAKES ONEY

26th October 186697

TELEPHONE

CLUB

SCOTCH

WHISKY

Beware of Imitations

of

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popular

BRAND

The Boston Toe Boat Co.'s, & 8. Lyrested FROM YOKOHAMA, KOBE AND MOL CLUB WHISKY from Puget Sound on 3rd inst., for Hangkang vis usualportsNEMA na Bundinganga

The Barber Lines Athell sailed from Singapore on 3rd Inst, and may be expected here on 9th inst

The Impenal German Malls.s., Sachren which left herd on sist uit, at 4 pm, arrived at Shange balto-dây 'st d'am.?

The M. M. Co's 1.1. Tetkin, with the next French Mail left Singapore -day; at'4'p.m., for this port te Saigon, V The Imperial German:

THE JC J. Lijn Steamship

LETJIPANAS"

Captain Zwan, having arrived from above. Ports: Consignees of Cargo are hereby informed that their Goods and being landed at their risk into the hazardous and/or extra hazardous Gai

downs of the Hongkong and Kowloon Wharf and Godown Co. Ltd, at Kowloon,

haya Jalibo Godownscandy all Goods red

and see that you

$14.00 per

CO

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