1905-11-11 — Page 11

THE PARINERSHIP BILL

CHARACTER” OF THE PROVISIONS. PENALTIES AND FORMI..

THE HONGKONG TELEGRAPH SATURDAY NOVEMBER 1 1905.

Instrument which constitutes the partnerships, arin the case of corporate body, the Articles of Association, Memorandum or Charter of other instrument incorporating the body. The firm algosto a and in the tat of Chinese firms the Impression of the chief seal or chop lo neces-" sary.

Provision is made for the proper entering of the declarations in other parts of the Straits Settlements, and the person presenting the declaration must satia Registrar as to ble may

pay the Regisırar

CHAU TUNG SANDRIN COURT:

QUESTION OF PRIORITY.

THE CHIEF JUSTICE'S DECISION..

6th inst,"

priority would be necessary in the Code, were the argument sound.

MIKADO DAY,"

THE JAPANESE BALL

But the point of the argument of the plaintif in action 153 as that this registration was erential to the vitality of the writ, because registration was always necessary in the cass of execution against immoreables; in other words, that the execution by the Bailiff in s. Original Jurisdiction, His Lordship

At the Supreme Court this morning in 458 war fanpplicable to immoveables, as the Francis Piggot, Chief Justice, delivered break

Shi power

var of: the Bailif to execute depended on

of rit regarding two cases brought by the Sin magistrate, P., or Commissiorer to take for $10,000 and the latter for $10,000, due on Molicitor of Supreme Court, against Chau Tung Sang, the former auing

Risen Sun"! nager, accountant or four promissory noten two of 310 000, and two defendant, His Lordship gave Judgment for $3,000 each, for which, in the absence of the plaintiffs with costs, and ordered stay of execu. of the usual charion in both cases until he had given his decision on the question raised by Mr. H. E. Pollock of the priority of service of writ

the parties under

"had- beed""Introduced into the Legislative, identity. To provide, 42 min, but time may decision on the question of priority of service dan anlation of the question before 'prezanted in the, City Hall last night well Inalance of the Attorney-General, Bo important with if the declaration is signed. Tak Bank and the Soy Kat Bank, respectively, i thin language nd the wording of the Code is i

· :

of

How

the

for tho

1

myself and,

Re persisted The

inture of a páradoz. But true to their character: for thoroughness, the Japanese made their bado Ball" colossal success. It wasonly Light ago that the idea of giving a ball to A GRAND AND BRILLIANT FUNCTION,

Hongkong was suggested. A few of the lead- ing Japanese residents got together and mobay 4th inst

being no object, it was decided that the pro Japan to show us in Hongkong what can be should be cele

Truly it may

be said that it has remained for clamation of peace and the Emperor's Birthday done in the way of entertainment, and all who

gether. Now a ball t strictly

Idear calisthenics saw the brilliant spectacular scans which was portment are not taught in the

mind de the schools of

Japan simple to be arrived at by following out the traindoubtedly acknowledge that

reason that avery.

y Japanesa le a #WAS A of thought suggested by this argument, 1018

not pocket edition of Lord Chesterfield and eight eatly

to be forgotten by those privileged to

JAR Beau to 10-date Brummell. B But having decided We all know that the sons of uca. it. no means free from doubt, and it is

bail

half mensurae were slic

allowed, an giving the matter prolonged considerally after this; Empire of the

Last night, in the

e smoking room, a Japanesa the first place, as the writ issued under this one pause in amazement at the view

are artista 'to their porting i been able to arrive at a conclusion. In but, that it but make

rling a aprig of Cambridge blus la his "'cost,"

to know we

dance chapter of the Code is not an ordinary writ of outs inramble presented, when the ball was at a

vary that's an

"I'm not a dancing man execution, special provisions must be made for its height, when it became known that all the hardest work I've had for a fortnight has been executing it," je

multifarious arrangements, Section 457 provides for execution by the the specialities in the scheme of decora community has been whirling through the manufacture of learning dancing." For a fortaight the Japanese Mr. H. G. Calthrop, instructed by Mr. D. Bailiff in the case of moyeables. V. Steavenson, of Messrs. Deacon, Looker

Theniaze of the waltz and doing the jon, were 'the' work of one shortened and

one two-thres There is no similar provinlon with regard to delicate arrangement of dwarf i and Deacon, appeared for the plaintif Bank in writs against immoveables. But I have already about was the exclusive work of Japanese not a soul knew anything about it.

irees

Grossmith's creation, the the first suit, and Mr. J. B. Pollock, 8, Soustrued the first words of section 468 (1) as themselves in this branch of ail after two of the Colony, who had only perfected ladies instructed by Mr. L. d'Almada a Cairo, of not applicable to writs against moveables only, years of careful aludy.

t nol characteristic of "the Japanese that should have gone to the troub

trouble The idea of the

the leaming how for the plaintiff Bank in the second suit, the which determina

to dances and defendant neither being present nor repre- date and time at which they reach the hands City Hall, emanated from the versatile brain of were in the ball

The to be profcient at the end of a fortr priority. according to the eye on entering the ground floor of the sented by Counsel,

of the Balliff for execution" carry: His Lordship said :-A question of prioritablen are also to be executed by the Bailiff himing in readiness, the Reception Com. it is only in a smoking room that the idea could

implication that such writs against

Tonami, tina beginning. } required to keep its' firm name and number of as batween two writs, of what is called This of itself might not perhaps have decided, lies, whose names we published in our last bo mooted. But, like the sallor who tried, tờ,

am, Japanese Naval

dance yet. Of course, that is heresy, and side of every, dffice or place in which the busi- / Civil Procedure was raised in two actions the question unless the reason of the thing I line, took up their places in the reception room rhyme and couldn't, it's a fact, whether it's prose ness of the firm is carried on. And if a against Chau Tung Sang I must say were also in favour of this construction, and of ber or an agent of a firm makes a default in

nat once that Commerce and it has been drawn up in con- | complying with the provisions of the Ordin.. the. Code the heading to this chapter of its necessary consequences,

have the first dry conditions which coatinus in force for a year, and must be re. Every registration under the Ordinance will newed at the end of that time, otherwise the registration becomes vold. In cases where changes occur in a firm which has been regis. who will advertise the changes in the Govern ment Ganelle.

RESPONSIBILITIES, Firma which have been registered will be its certificate "painted or affixed on the but.

the

7.

remedy the existing, state of affairs is.10, um | tered, notica has to be given to the Registrar | Messrs. Brutton, Hett and Goldring's office, and li therefore fallows from this that the words Nikko Bridge, which first caught the skating bad a chat friends of mine who

may

6th inst In our Saturday's lasuo we gave prominence to the fact that Bill entitled "An Ordinance for the Registration of Partnerships and Firm Council of the Straits Settlement, at the le chi

measure from

om a mercantile point of view that we do not deem it necessary to apologize for submitting

relund of the terms of the Bu

published in the

Amdavits Straite Settlementa

a bank na The Bill, as the Slagapote paper. Garitit.

cashier; a member of the Singapore orices of have stated, in scarcely likely to be parsed

Chambers of Commerce; or, a police officer not below the rank of infector. There are allier its present form; it will.

amond. bajubject mante dictated by the

the experience of

minor details of the

1 sub-reljans cantile community as voiced through the

acter: Chamber of Commerce. But in this Bill wo

RENAWABLE,NUALLY.

of the

lowards an alteration Present

la Hongkong as prevail in

As well as in the Straits Settlements, and anything which tends to welcomed, If the opinion in Singapore is divided on the merits of the Bill, we

take that

as a whole it will not gain the unqualified support of merchants here, but it is a basis on which the Hongkong Chamber of Commerce will be in a position to questing is

is what form that legislation should take. The Singapore Bill in the outcome representations from the Chamber of sultation with the leading members of the com. menity of the southern port and the leading ghts of the Bar, who have especial reason to desire the enactment of such a measure. For that reason it may be assumed that the Bill in, in way, a modus vivendi, which may or may not

AN IMPORTANT SECTION. commend itself to all who are particularly con

The tenth section describes the consequences Comed in it provisious, but which will certain of non-registration and they are truly porten ly attract attention,

tone. If a firm which should be registered PREAMBLE.

under the Ordinance fails to do so within three There are only 18 clauses in the Bill, and a the Ordinance, or if a firm fails to register un- schedule. The preamble is short and explicit:der the provisions set forth then- It reads "Whereas it is expedient to make "No suit shall be maintained by the firm, or provision for the registration of partnerships

any member thereof, in respect of any debt or

A are agreed that is necessary the

mem-

"Foreign Attachment'

ance in this respect he shall be liable to a fine!** not exceeding Afty dollars and le a further fine during which the default continues." nut, extinse default for every day

in

the Code of

immove

Let us see how judgments are to be executed, enforced by attachment and sale of the debtors Judgment for money is by section 371 to be being defined roperly able to Altachment moveables and immoveables. By section 394 in section 377, and includes

the Registrar, and by section soothe Court is to the

paper will

writ for execution is to be issued by cause the property to be attached in the manner afterwards prescribed. By section: 400 move- Bailiffs and by section 401 the attachment in the case of immoveables is to be made by pro served on the defendant, and is to be registered hibitory order, which by section 4-6(2) is to be

registered. V

bythe

Captain

been' dancing for fourteen

All being into the Adviser and years instead of fourteen days and they could

credit.

a

(the old Chamber of Commerce), and had not long to wait for their guests who, soon came party, until there was one continuous stream party, until thetwas and threes and fours of of expectant trippers thronging the staircase and approaches to the Hall wherein the object dancing, of their presence, was to be provided-the OPENING THE BALL

not

or postry,

| months from the date of the commencement of Colony, or is concealing himself and there-abies are to be attached by actual seizure / publje appearancos, arrived punctually at 0.30 as if he expected to see them having a scrap or

time. Its

and firms carrying on business in the Colony, contact incurred or entered ivlo during the should object being to serve the defendant in the Land Office if the property is already gramme was opened with the State Lancers. His Excellency the Governor came early;

it is herely enacted," Bic The first clause which sinter that the Ordinance may be cited as "The Registration of Firms Ordinance, 1905," has an interesting sub-section-"Thi Ordinance shall not affect any debt or liability incurred prior to the coming into operation of this Ordinance." That, of course, clears the ground to a certain extent.

DEFINITION OF "FIRM."

period of such non-registration to or with the firm or 10 or with any person on its behalf fr the

way

of trade.

which all the members are resident without "If the firm us a curparats body, or one of the Colony, all agents who purport to act on behalf of such firm shall be personally liable, jointly and severally, for aff debts and upon all half of the frm dating the period of such non- contracts incurred or entered into by or in be

..

The question "What is a firm?" arises in the second clause, and here we have a defini-registration." lion which may lead to some controversy. Į "Firm" means, according to the Bill, "every to recover sums due to it while it remains da In other words a firm chart being an action partnership or corporate Endy carrying on any registered, white agents will find themselves trade or business within the Colony, and in liable to pay out of their own pockets any debis cludes every person carrying on such trade or they may have incurred in behalf of their firms, business under any name, tyle or

chop other

unleas than, or in addition to, his own proper name, their agency is registered. That of course is a they take the precaution to see, that And every person

carrying on

on the business of a money.fender under "vellasum or mark! very drastic provision and should occasion but does not include any corporate body which aiderable speculation; for if the Ordinance which in for the time being registered in the Co-ed firms will find themselves most peculiar is passed and proves unworkable the unregister. lony under the provisions of ment relating to

po ition-between the devil the Jeep seal'in

EVEN PHOTOGRAPHS REQUIRED,

loint

enact

|

Stock any

fact.

If a partner is registered in his absence he

Banking Company carrying on business in the Colony under the provisions of a Royal Char ter or of a local Ordinance. The proper name in the case of a Chinese means the name by must take the first opportunity incorrect the which be

Is generally known."` 'distinction details given to the Registra eff made that, la maant hand cuthq graph of may pariserarm the

the defining which every member, it as a firm of photograph must, he forthcoming.

MORE CONSEQUENCES) ***

erroneous, it is a process for seizing properly

within the jurisdicton belong. ing to a defendant out of the jurisdiction, with out having recourse to the usual service out of the jurisdictions. This is made procedure of clear by section 453 (1) (8) which provides that dure being made use of is that the plaintiff has one of the conditions precedent to the proce taken out a writ of summons against the de- fendant; but that the defendant absent from fore cannot be served. It is quite regular to issue a writ of summons for service within the Jurisdiction abroad, although it cannot be served at the againat a defendant who may be

he at tany time be found within the ju- risdiction. Under this process it becomes use. ful in another way!

The Form for Execution, No. 30, addressed where the cause of action

to the Bailiff provides for seizure in the case of arose within the jurisdiction property belonging moveables, and the service of prohibitory to the defendant in the Colony may be This in principle resembles the Scotch

orders, the

order-Form 32,- probibitory proce being that issued dure of farrestment to found jurisdiction. It

by the is p

Registrar on a very exceptional procedure, but under the the application of

the party. busi-D to the

procedure, called of immoveables, a registration clause pure and imple. There must be some analogy between the process of execution in the case of this if the argument of the plaintiff in action 353 i attachment and in the case of judgments. But sound, the registration alone would be saffi- cient.

enry the Governor and Mrs. His Excel-

A young Japanese-by the way how in it that pedantically, if I may be allowed to use the all Japanese speak English so accurately, as word in its proper sonin as meaning a pro. cisian-said to me shortly after I arrived- "Now don't blame ushatever we 'have you can bays." Naturally, I waid "I ** you want and

sideration which marks all His Excellency's and kept an eye on some West Kent officers was overwhelmed. But the Japanese genile His Excellency the Governor, with that cos-man who said he was in charge of the rooms p.m. accompanied by his side-de-Camp, Cap picking pockets insisted that I must want fain Arbuthnot-Leslie, and his Private Secre something. So he said "Whisky-soda" That Jaty, Mrs. R. A. B. Ponsonby, whed, the pro- friend forgot a word; he said "Whisky-soda

was the keynote, for whenever a Japanese usual greetings had had

exchanged, in which the

following took

one remembered the Taft night

when Noma, Consul stood against railings and leaned up to trees people 1. Noma

and Mrs. Villiers Hatton, Captain for weary hours walling for the gubernatorial Tonami and Lady Piggott, and Major-treneral party and Alice. This time Sir Matthew was Villiers Haston. and Mrs. Mihara.

on time, because, Other acts having been duly formed the consult the post-prandial proclivities of a

I suppose, he had opening bars of the San Toy Lancers set them democratic Republican. Now, those who bave met His Excellency at ordinary times are all strongly impressed with his business-like way. nature at such times a joke would mean len A witticism would be absolutely foreign to his years' hard. See him at a Japanese ball. Bee him and a Japanese lady leading the crowd of and you see another man. With all dancere his orders and decorations, Sir Matthew Nathan was the most Joyous man at the ball. He romped through a set of lancers like schoolboy; even his aide-de-camp petered out when matched against the high spirits of the Governor,

cir umstances of this Golny where much Bulge | Attachment," section 407 provides in motion.

ness is conducted with Chipamen who come andyo so easily to Canton i. able one.

a very val The

question of priority must, when Colony, be exceedingly important, but as the ever the defendant has many creditor in the Code is now drafted it is not free from doubt in the case of the procedure being made use of against immoveables. Every point which could throw any light on the meaning of the sections was pui before me, the question being ably argued on both sides.

In Action 353, at the suit of Siu Tak Bank, the weit so called of "Foreign Attachment" was issued on 9th October, the memorial, was registered in the Land Office at 10 am, on 10th, and it reached the Bailiff for execution at 10.46 am, on 13th.

case

The ball thus being opened the follow. the excellent strains of the popular Royal Wert ing programme of dances was gone through to Kent Bland:-

PROGRAMME?' -Lancers.co.usare Common

2-Valso 3-Valao,, 4-Twastep -5--Valse

6 Lancers. 7-TWOELCS 8-Valte

..Sau Toy.. Dunnu Wellen

Mosquito's Parade

Sourire D'Avril A Country Girl. ...Whistling Rufus Sobre Las Olas

་་་་་་་་་་*****

SUPPER DANCES.

Valso -Valse

9-Valse. 10-Valor

-Valse

Taisut Keri (RPM).

-Twostep

......Bleus

...Serengan.

Santiago Choristers .............. Blaze Away

12-Lancersonne quïm The Geisla 13-Valse

Mue Danube 14-Valun

Amoureure 18-Twoslep

Taliawatha

www.

not to

Captain Tonami, that quiet, intelligent officer of Japan's navy, whom you have described an inscrutable, was a host in himself A birant covered with lees, which ghutered and flashed in the light,

и бое presence and charming smile, Capin Tonam! lived, one might think, for the guests. While Mr. Noma, the Canal, ran hither and thither inventing ways of entertainment. Two naval officers, an artilleryman Mod desisted from his attemp's to enliven the guestu. A group of Civil Se vants were standing at. the only open space on the balcony-all the rest were occupied with Cupid's bowers, and the lule rascal was busy inst night-when a lantern fell. It burned rapidly, but those who say that a Civil Servant does not earn his

for his height-rushed into a bower" captured it. It was a sight for the gods.. To ses a Civil Servant working for the fun of the thing was tier. worth the money expended on pumps and dress

The wril issued under section 453 is "of Reneral allachment" against all the defendant's property in the jurisdiction, moveable and im moveable, and it is in Farm 38, addressed to the Bailif. This Form is short and does not Form 30, the ordinary writ of execution. The contain express instructions in the case of meaning of section 457 must therefore be that in the case of moveables the Pailiff is to seize, for there would be no other way in which he In Action. 355. At the suit of Soy Kui Bank, could execute the writ. But the the writ was issued on 1th October, reached the of prohibitory rder is apparently not required process by way Bailiff at 3.1inm, and was registered in Land sither for movenbles or immoveables for there The Plaintiff in 153 contends that under soc-ireables there is to be registration in the

Si Effure to it. But in the

Case alim- tions 462 and 463 of the Code the registration of the memorial in the 1 and Office is the hep party for immoveable property not to be

Cal Office an po business under a Chinese chop," "The Court is intended as the Supreme Coun Besides the evils which may befall the partnecessary to give vitality to the writ, la did

THE SUPPER! while "duly constituted a,ent"

ner of a firm which has failed to register, means an

"no in fact give the writ to the Bailiff till das registered. This registration therefore stands

in lieu of the prohibitory order. 'But it is On the stroke of the mid-night the strains of agent appointed by a power of attorney which suit shall be maintained by auy 1erson or his after The Plaintiff in stande bal has been deposited in the Supreme Court underrepresentatives for any relief on the footing of section 450 of the Code The important step is impossible for it to stand by itself in lien of the The Roast Beef of Old England" announced that all was in readiness for the hungry trippers the handing of the wrist the Bailiff for execu-issue of the grit to the Bailiff. If it were so the The Conveyancing of aw of Property Ording the existence of a partneribis between such tion; his registration took place immediately form of the writ would be meaningless. to enjoy an interlude in which to partake of ance of 1886...

person

son and any other person in such firm in afterwards.

The writ must be issued ; and as it is-address. such substantial refreshments as they needed;

• which of of any period of time during respect

The question is whether in the case of imed to the Bailiff it must go to him; and as it to carry them through the further pleasurable work of "tripping the light fantastic toe" so person was not only registered as a ibird clause, to appoint Registrars and, if necei

accordance with the rule laid down in 458 Mary, Deputy Registrars to carry out the pro-gistration was not due to any negligence or the handing of the writ to the liailiff for execu

tion is the important step.

(1), although the writ which reached the Bailiff held up.

A procession was then formed to the supper Now section 458 deals with priority of write second should reach the Land Office first. This

Is the broad principle which the reorge's Hail, His Excellency the Governor room, elegantly decorated and laid out in St. it run as follows:-

(r) Where two or more writs issue at the judgment must be held to decide. But in their Matthew Natthan, leading the way with Mrs. M. Noma, followed by Major-General case before me the facts are different, for the before handing the writ to the Bailiff. Pur-Yonamil and Lady Piggott, Admiral Kiesel and plaintiff in action 353 registered his memorial

Villiers Hatton with Mrs. Mitars, Captain sting the analogy between the two procedures,

Lady Ferkeley, Hon. is as if plaintiff in

T. Sercombe Smith diary judgment, to get the prohibitory order and Mr. Arima, Hon. Mr. W. Chatham and Mrs. Rouge. But last night, the officers of the

of execution is in the

in the Clark, Hon. Mr. Dickson and Mrs. Matsuda,

uda, Montcalm were not a dancing tot. They en. The Registrar must keep proper books for and establish the priority, according to it, in issued before the case therefore, there is

their places in the order named to the joyed themselves' quietly in the card-room. hands. 'n prescribed fees anybody-may-inspect-and-take--Arst Bat the Big Tak Bank in action me-no-sach-alach sieht as is contemplated ander right of His Excellency the Governor. On lin and they can play Bridge! One youngster, extracts from or copies of the statements Aled. pinning their faith entirely on section 463, says this Chapter of the Codet for all attachments Excellency are M. oma and Mrs. probably a lleutenant, danced every dance on

BLOISTRARS.

such

to purgatory

salary should be condemmed forthwith.. One Civil Servant, who is

is noted

The Governor will be empowered, under tech fitin unless it be proved that such non-removeables the registration in the-Land-Office or must go.to_him_priority must be decided in-ong as their energien "and"the Band's powers the blazing scroll and gallantly trampled un

visions of the Ordinance in Singapore, Penang and Malacco, and those' appointed shall be deemed to be public servants.

omission on

on his

prit."

Clauss 12 declares that a person or the estate The sub-section to

of a deceased person shall not be liable in re- spect of any debi or liability of firm. register. ed under the Ordinance incurred after the date of its registration unless such person was at the time when the linbility was insted: duly re- glstered as a member of such

suit of different plaintiffs, they shall take priority respectively according to the if the time at which they reach the hands of the Bailiff for execution.

in deciding this question the most natural course would seem to be to refer to this section

THE REGISTER AS EVIDENCE..

registration purposes, and upon payment of which case the Soy Kui Bank would come

The reginer will also be deemed prima facis evidence of the facts appearing there. And in the absence of fraud it will not be competent for any person whore duty it was to furnish the Registrar with the true particulars to ad duce evidence in refumtion of the statements in the Register.

that section 458 applies only to the case of moveables. It is to be noted that they were in fact first in the field-their p ocedure having been commenced on foth whereas that of the plaintiff in action 355 was only commenced on 11th, – The law usually favours the speedy cre ditor; yet he cannot prevail if his procedure is

Bailiff's

must

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

would inevitably be fended ordwestdally I have already said, render the words actually ured in the sections and Forms of the Code meaningless.

REGISTRATION OF NEW FIRMS. The next two clauses are important. The Arst ways that after the Ordinance is passed and has come into operation, "every firm carry, log on any trade or business in the Colony and avery Arm carrying on the business of money leaders in the Colony may be registered." The be in strongthened by the "shall" in the next clause, which says that “ "any person: or persons proposing to carry on business an a Arm, shall, before commencing business as such firm notify the same to the Registrar of the Settlement within which he or they reside, who shail give notice in writing a' such person or persons to register such persons on or before day, to be named in. auch notice and such firm

thereupon register

itself,

Aud

from the date of such registration shall be deemed to be a firm within the meaning of this Ordinance

If anybody hold that his name has been im as if it were. already carrying on business."

A penalty ja impraed under the Bill for properly entered on or omitted from the resis

ter be may get the register rectified by failure to register. Every person failing to register such firm.

shall

be liable to appealing to the Supreme Court. The fees fine.aut exceeding twenty dollars for every day then under the Crdinance will, of course, form After the day named during which the firm re part of the public revenue; and provision is mains unregistered." There appears to be some made declaring that the Registrar or his Depu 10 t obscurity in that provison, for the registration ty cannot be sued for anything done or intend-preceding it more especially as they appear action 353; but, whatever may be the reason is not apparently compulsory until the Rexistrared to be done until the expiration of a month to be linked

egistrar bas given notice in witing to register. Sec after notice has been served on the tions which follow, however, elaborate this stating the cause of action and other particulars, polat.

shall

PARTICULARS REQUIRED.

m10

PROTECTING the registran.

THE SCHEDULE.. The Schedule to the Bill is in the following

FORM OF CERTIFICATE.

erroneous.

The real difficulty in the case arises from the omission of many words in the section which Now the reason advanced for saying that would have made their meaning cleared. In section 458 does not apply to the case addition to those already noticed, there is this of immoveables is that section 457 provides further omission, that although the writ to the that 'every writ against moveables shall be Bailiff requires him to attach, there seems, in executed

by the Bailiff, and that the words the case of immoveables, to be no further step two or more writs in 458 must naturally refer which be is required to take. Undoubtedly. to the word, writ in the section immediately this is an argument in favour of the plaintiff in

hy the reference to

for this omissions to the Ballid cannot "execution by

clear that the formality Ballif!" It was further suggested the

that ex of handing ecution by a fallift in appropriate only to the amited, that the reception of this writ by the cans of moveables. Against this there are two Bailiff is a necessary initial step in all casco, the property attached be moveables

t be

points urged: sat, the absence of the conneo, and therefore that in all cases

word such,

is, invariably used in which rafting where one section is intended to refer

held

look

Well were

Williams, Sir Francis Piggott and Mrs. Y inami, Villiers Hatton, Admiral Richard and Mrs. Rm. Commodore Williams and Mr. Chatham, Sir Henry Berkeley and Mrs. Kondo, Hon. Dr. F. Clark and Mrs, Hiroi, Sir Paul Chater and Mrs. Dickson, some 200 others taking places at the other tables. The following was the menu then discussed elegantly laid out and served by a local ho'el :-

MENU.

Reef Tea:

Cold Fish & la Mayonnaise. Fais de Foie Gras en Aspic. -Cold Chicken.. York Ham. Roast Quail of Multon

Roast Beef. Leg

Roast

Gooseberry Jelly. Apricot Jelly,

'Pear

Jelly,

Chocolate Ice

Assorted Cakes,

Ice Cream.

Fruits in Season. TOP Coffee. Cheese and Crackers,

We are accustomed to hear that' our friends the French are great on dancing. That la, be- cause those of us who are entering the sere and yellow, remember the Moulia

the programine, oven to the supper-dances. Pierre Loti-ho looked like Pierre Loti-haunt». ed the "bowers" and was a great success,

Altogether the ball was a grand success. People were only wondering last night, what the St. Andrew's people were saying, and how they would eclipse the Japanese ball. This much in certain: the Japanese in Hongkong have cemented the ties of friendship which formerly existed, and proved that, to use as Americanism, they are "no slouch" when it 'comes to giving a bali,

WATER RETURNI

SENEK.

Level and Storage of Water in Reservoir

on the 1st November,

Tytam

LEVEL

1904.

overdow

Byawash...overflow

5.1905.

above ƒ ̈ ́? 81" below Loverdow above 28′ 3′′ below

46" above

Pokfulam overflow

Lovernow

below

Loverdow Wong-nai-12 10) above. 45′ = below

cheong... overflow Loverflow

The registration requires a variety of thinga | terms 3-

is to be determined as laid down lo which are set forth under different heads. A

subject dealt with in the section imme section 458, that la according to the time at statutory declaration will be required from On this day of A.Diso before diately preceding it,

which the writs respectively reuch, the Bailiff every member of the Arm resident in the

And this is supported by a reference to the for execution. Priority therefore reats with the a Solicitor of the Supreme Court of the Colony, or from its duly constituted agent. And Straits Settlements practising in the Straits old

old Code No. the declaration sball

give the

Every writ of Foreign Another difficulty arises which may be seri following panti- | Settlements, Magistrate, Justice of the Peace (6) [aow 457] be 1873, in which section 87 | plaintiff in 355. colari the firm's name the nature of its busi (as the case may be) of perionally appeared Attachment against movesble property and sus. The memorial in Action 353 does not noss the full address of the principal establish. A.B. who of my own

82 (7) (now section 158] begins" Where cover all the properties which apparently be -ment and of all branch establishments whether know

(or who from knowledge.

given to me by two or more writs of Foreign Attachment.issun long to the defendant, as the memorial in 355 carried on as branches or agencies; the worthy and respecta verily believe) to and I do notдhink that, so far as these sections

is specific, the second general, refers to "sub-sec. 3 of section D of reclama persons, vir, C.D. The first seculos s

tion to Mariñhe Lot 18". Bo far as I can sen firm is a partner ; and in the case of a Arm not be, the identical-person whose name A.B. of the old Cada are concerned, ibe argument of there is nothing the properties which he Ball, 3rd November, 1905). the mu carul | Wong-nai-cheong 15,700,000

in the rules which requires the beleg a corporate body such particulars as will is subscribed to the within (or above) written the plaintif in sci

in action could Hand. I see no

353 C

plaintif g was intended by wishes to attach. The rules, and forms are

specily and acknowledged that he (or sho) } reason to suppose that anything in the new general, and

Code, the second paragraph of, sec immoveable belonging to the defendant within

address of every firm in which the registering

and E.D.

STORADE GALLONS,

1904. Tylam..... 406,220,000 Byewash.

18,516,000 Pokfulam........: $6,220,000

THE DANCE PROGRAMMES, The programmes wore very prettily designed by Mr. H. Yera, and showed the Emperor's amblem, the 16-petalled chrysanthemum, em blazoned in gold with the national flags of the empire crossed below, and surrounded by white chrysanthemums, the

Mikado legend lead to the identification of the instrument conner voluntarily executed this instrument. stituting the partnership.

being of similar design. the merely verbal

to all property moveable or We learn that the Japanese ladies who took INDIVIDUAL INQUIRIES,

Witness my band and seal,

in the dancing have been assiduously part It should be noted that the Attorney General | tion 458 is now, provides that no such the jurisdiction. It seems to me therefore studying and practising the English dances for for the traite Settlements in the courts of his wat para, o su tavit prin referred to in the thas the altachtent created by the writ la 353 the past week, and the short training enabled and reacons” saye~" Registration || 181 parz.. "aball take priority over a writ of exceed not be limited to the properties specified them to do their parts with admirable grace which he is known in the I will not be parely voluntary, but voluntary such writ of Foreign Attachment." Now if the | perty and both wriw to any other property

action

at the date of in the memorial, but applies to his other pro- and peading at

The function was kept up lo all-

Evelinaes Its Colony, or under which ho appear in the books i for existing firms," and compulsory for Arms word "whit" here were limited to moveable | balenging to the 'defendant not specified in | till the very "wee sms' hours ayant the twal,

property there would be no similes provision in them. This point was not argued before me, and it was only the initating memory that the case of writs against immoveable property it is right however that I should express my ferries and trams, like tide and time, wait for Colony, his binh place ibis,age or approxim- THE Wanfangpas says that the prefect of Wu.

now come to the argument that registration opinion on it but the parties may apply, if they no man, that caused the posts to fit possib of the memoral in the Land Office is

461 point to be varied.

the unanimoukion that the (an unqualifed fubcius, and the most enjoyable. facă partner be a female, the name of her Chang Chih-tung have agreed among them has the marginal note Execution of wil

fancilon ever provided in Hongkong for many a long year, while Banzais, Banzais WEIS

Then, where the firm is not a corporate body,

the following particulars will be required as 10 each member of the firm the bame or 'barnes'in fall

ม

סח

ecution in an

by

and in the c

case of Chinese names instituted after, the commencement of the

in the Colony and outside the lựự.

you #imacion for such names hisOrdinance.

precision.

all expresslag

1905. 361,135,000 อน

45,680,000

nil.

407,815,000

Tolk),..............196,716,000 Consumption of Water in the City of Victoria.

1993

130,500

and Hill District during the month of October. Consumption...140,058,000 122,367,000 gallons Estimated po-}

pulation..........

235,000 Consumption"

per head per 10.0

gallons Consumption of Water in Kowloon Fesinsula

minor or a Muhammadan or an Indian; if chang and the assessors appointed by Viceroysential to the vitality of the writ, Section find it necessary, for the judgment on this she height of til, enjoyment, will. kad beaning the month of October, and steala

of the

Immoveable gkipst

property."

which

father and the name of her husband or reputed } 20lver lo sentance Mr. Chang, editeran corresponds with the marginal poleto THE Russia erniser Zemichug Infi Manila for

Hankow Chubas, la tên 'years' e OR to section"457" Execution of writ against wove; / Vladiyo,tok early'on the morning of 27th Oct. I heard on every side me the regretial guesų

Busbard, if any.

WHAT THE REGISTRAR-MAY DEMAND,

for publishing the anticle which is be seditiool-Certain regulations

drawn

bby

The Rogsstrar: may dispesse with the the Shangpu for the control of the public Press Information as to the registering partner's birth are to come into force at next Chinese Now place, etc., at his discretion. But there m Year The Waiwupu hare approached the Marockar particulars required such as the names of British Minister with a view to the Ancellation those entitled to sign our pray or otherwise of the concession to build the Foochee Hang. -The declaration has to be accompanied by the chow-Ningpo Railway

THE-BALL FROM WITHIN,

Able property and obviously the first point and by a report issued by the somalors de Maslowly, but by do means silently, drifted away taken in that the sections preending 453 dd olla at 10:10 am, that morning she was sleam not apply to execution against immoveables; ing away by iba cosal of Bataan. She was ex- The second point is also obvious that as bei į packed to arrive at her destination on Saturday. tween two memoriaia registered in the Land The two remaining cruisers, the Ols and Once priority is settled according to the time rera, called for Balron at about Bo'clock ["of" regsetrations" no akprues "pajorings" to tal" km, on 28th idem en route to Kronstadt, qui

"A BRITISH A's yizw" Japan is not a dancing naties, and conser quently a Japanean-ball is.nopisthing in the

-1904

Consumption....15,336,000 17,143,000 gallons Ratimisted po

*pulation

umption)

70,159

head,por 70...

Government Analyst reports that the

of excellent quality,

W. CHATHAM

Water Authority?