1906-04-26 — Page 5

TELEGRAMS.

[Private]

SUN-NING RAILWAY.

1.

PLANS APPROVED BY SHANGPU.

Poking, 26th April,

7 a.m.

THE HONGKONG TELEGRAPH THURSDAY APRIL 26, 1906.

THE NEWSPAPER IN COURT AGAIN.

is Appellate furisdiction this morning before the Full Bench consisting of their Honours Sir Francis Piggott, Chief Justice, and Mr. A. G. Wise, fuisne Judge, the appeal was heard in the case of Tam Man Sam #. Tam Ya, and another a case brought for breach of contract. Hon. Mr. H. E. Pollock, K.C., in structed by Mr. C. E. H. Beavis, of Messrs. Wilkinson and Grist, appeared for the appel, The plans, accounts and the report | lany, and Mr. M. W, Slade, instructed by Mr. relating to the building of the Sun-C. V. Stevenson, of Messrs. Dean, Tooker and Deacon, appeared for the respondents. ning Railway, submitted to the Hon. Mr. Pollock said this matter came before Shangpu for approval, by the 'pro-

the Cours before and an order was made in No- Ivember, 1995, for a special case to be stated. moter, Chan I Hi, have had the con- In the special case the document of agreement sideration of the Board of Commerce, and the order for the forfeiture of the deposit money was stated. This apircinent was then The plans, etc. have been passed, read and referred to the agreement for the safe after being scrutinized by the Throne, of the Chinese newspaper bat Kui Kung Yik Po, the contract for which sale was alleged to have and the Throne has ordered that the been broken as the purchase money was bot work in connection with the con. paid within the specified time, and the deposit money was held to be forfeited. The purchase struction of the line be commenced money was to be 19,270, that being the highest forthwith.

Lender received, and $500 was paid as deposit. The appellant offered the quarter purchase "money on condition that he was given imme. diately the possession of the paper, with the right to print and publish the paper from that date, but as the money was not paid on that day possession was not given, the condition bring anacceptable.

[Krater's]

The Nativo. Trouble in South Africa.

LONDON, 24th April. The Transvaal has afferri Natal to furnish, eptip, and maintain 500 volunteers.

The Chinese Commercial Mission

in Franco.

President Fallieres has entertained the Chinese Mission at lunch..

Loss of a Belgian Training Ship. The Belgian Government training ship De Naver, with a crew of 54, including 30. cadets, las capsized in a gale in the Bay of Biscay, and only 26 have been saved.

[M. 6. 1. Retor)

The Explosiona ut Osaku.....

Tokin, 18th April.

The Osaka explosions are believed to be due To the decomposition of the powder stored in lie magazines. Precautions have been taken against rioting on behalf of the sufferers.

4

1

Ten days before the parchase money ought 10 have heen paid a tender was made of the whole of the balance of the purchase money, after giving credit for the $500 deposited, in accordance with the demand of the respon dents' solicitars fun. Mr. Pollock admitted that the money was offered with a condition awached to it which the appellant had no right

to make. The respondents admit the tender.

His Honour the Chief Justice Wouldn't that in effect be the same as if no tender bad been made?

Hon. Mr. Pollack; Not quite that, my Lord, because it tended in show that the appellant had no intention of repudiating the contract. He was ready to take the business over, and wenl with money in hand and asked for it, but was refused the immediate delivery he asked for.

due time must surely refer to the date on which the balance was to be paid, and that was the 14th June. Under these conditions itcould not be contended that the appellant wished to repudiate the contract, bui à certainly could be contended that lie was only to cayer to pay the money and complete the contract.

|

broken if the matter is still uncompleted on such specified date. If a man tenders money with illegal conditions attached he breaks the con tract just as much as if he bed-not-paid or had not tendered the purchase money at all on the due date. It is a repudiation and be submitted that in this case the purchasers had repudiated the contract, and quoted a series of authorities on the point, and submitted that time was of the essence of the contract. In this matter the contract was for the purchaser to take over the business and profit and loss account there- of. A term of the contract was that before 3 pm. on the 2nd June the money was to be paid, and the purchaser was to pay the money and take the business and assume all the liabilities of the company, and acquire a right to all the book celas of the same. In this business there were debts on both sides.

The Chief Justice: The terms are very diffi colt to ouderstand. If the payment of the first instalment entitles him to a right to the whole profit and loss of the business, irrespective of the payment of the balance, then surely the whole thing is meaningless.

THE COST OF LIVING.

UNDESIRABLE MENDICANTS.

STRAITS LEGISLATION,

We have received from the Colonial. Secre- tary the following copy of a letter received from the Colonial Secretary, Straits Settle ments. The Act referred to therein will ap pear in the next issue of the Government Gazette:

VASTLY INCREASED CHARGES. Nothing strikes the resident on returning from a brief sojourn abroad 'more than the alteratins in the cost of living in Japan, says the Kobs Herald. Prices are found to have advanced enormously. This important fact appeals with far greater force to the resident who has been absent for a term of years. To.

Colonial Secretary's Office; such the altered conditions are a revelation.

Singapore, zóth April, 1906. The rates of five or ten years ago are recalled Sir, I am directed by the Officer Adminis. with regret and this feeling is not mitigated bytering the Government, Straits Settlements, to the conviction that the figures which ruled forward herewith, for your information, copies then are never likely to return. We are no of au Act to prevent the landing and leaving of longer privileged to think that the conditione decrepit beggars at the ports of this Colony as of life here are vastly easier than the con- recently amended. ditions appertaining to life in the West. The various countries of the world are in process of being levelled up, as the standards of the West, are being adopted by the most progressive peoples of the East. It is custom ary to attribute the great changes which we see going on to the military enterprises in which japan has been compelled to engage, but it is doubtful if this is the sole explanation Unquestionably the two great wars from which this country has happily emerged with added renown have caused a vast appreciation in values generally, but the determination of the nation's leaders to adopt the main features of Occidental civilisation has also contributed to bring about the vast change which all old re-

Mr. Stade submitted that it was by no means meaningless. The vendors were anxious to get in as much money as possible to crable them to pay off as many of the debts as possible, and the payment of the fourth part of the purchase money would give them no tale absolutely to the business-it would not give them the right to work the business, and to take the prolits; the vendors would stillsidents have had to note. tetam the right to control until completion of the payment of the purchase money.

Continuing his argument, Mr. Slade said his learned friend had said that the appellant had offered on the 14th June to complete the con tract. He had done nothing of the sort.

Mr. Pullock: But the letter from his salici- tors on that day stated that he was prepared to pay the amount and take over the business, with the profit and loss.

Mr. Slade said: But there was no offer to take it over from the back ten days, and the vendors had had serious expenses to meet in those ten days which should have come un- der the taking over of the profit and loss as from the 4th jane. What the appellant want ed was to have full possession of the business and to run it immediately upon payment of the $500, and because he could not gel hall posses. sion then be neglected to pay the west instal ment, and so broke the contraci, and therefore the gendors were entitled to take in forfaiture the deposit money,

Aker hearing a translation of the contract read by the Court interpreter, the Court reserved judgment

BARTHQUAKES IN FORMOSA..

Bis Hinour the Paisne

Judge, held 10 the lower Court, that the appellant was premature in wanting to take over Mr. Pollock then took up the argument THE MILL INDUSTRY OF INDI4ys before he was entitled to it.

the business and enjoy the profits ten criticising the authontes quoted by Mr. Hon. Slade and said that those cases did not The report of the Director-General of 'Enm-

Mr. Pollock submitted that the only right for apply in the present case, for the reason that merce for British In lia is just.out.

forfeitme of deposit money would be his repudi- the respondents had, at a private meeting, From this

ation of the contract, but, there was no repudia.decided to close the matter. If the appellant it appears that at the end of the official year

tion here in the conduct of the appellant. The had not been ready to pay down the 'money on there were in all Inn, 13 mills working dan date for completion of the contract was the the specified date then the cases would apply: 5,196,432 spindles and 47.305 fooms. Of these

rah June, ros, and the agreement stipulated but he was ready, and therefore he was entitled toy were spinnings, weaving, and Ɛg spin-

that if the matter was not so completed in due to claim specific performance of the contract, ning and weaving milks-employing -196,369 line all sees paid should be forfeited." In band's daily. Of these hands, 127,657 were

or receive back his deposit money. males, 37,728 females, 17,781 adoks and 11,805 children. During the year free ads op- tirely stopped 'wolking. The nominal capital aggregated, Kuptes 17} crores, with deben- tures, and the cost of p.ivately-owned mills the sum totals 20 crores and 50 lacs, of which 15 crores and 95 les have been pop. The Bombay Presidency, lays claim to 70 per cent. al the

and spladies and 76 per cent of loans. In Native States as well as in the French possessions there were 19 mills working 284, go spindles and 3.565 Inams. Of the total quantity of yarn spun in British India, Jombay is responsible for 76 per cent of the production, Bengal 7 per cent, the United Provinces 5 and the Central Pro vinces. 4.7 per cent. Most of the 213 mills do not spun yarn over 235. count, the production of yaro below this count averaging 90 per cent of the whole output. Some of the mills by mising Egyptian cotton with the Indian staples spun yarn of gos count and upwards, but their percentage is very small, the output of the last official year not exceeding our crore yo lacs of pounds.

mandie

MODERN EDUCATION IN CHINA.

A circular note, has been issued by the Hsiopu, or Ministry of Education, exhorting the Viceroys, Governors, and Provincial Treasurers throughout the Empire to use their best efforts in spreading modern education within their respective jurisdictions, with special attention to the establishment and cuniculum of normal schools and colleges. En a word, normal schools are the netseries for the development of young men who are to be the teachers of the masses who are the nucleus

of the nation. With an educated people

CONTINUED SHOCKS.

It need hardly be said that rents and wages have advanced proportionately. Dwelling houses that could be obtained for 45 er 50 yen a few years ago now, cost 9 or 100 and the wages of domestic servants are approximately double what they were formerly, for the enhanced cost of living has told severely upon the Japanese just as it has upon the foreign resident. It is a notable fact and one which is not appreciated by many people here that the cost of some market supplies in Japan to-day is greater than it is in England. Two or three kinds of vegetables that are in constant demand for the table are dearer here than they are.in England. When in addition to these facts we consider that taxes have been enormously in. creased-the income tax for instance is 250 per cent. higher now than it was before the Russo-Japanese war-and that the tobacco monopoly has exactly doubled the cost of even the most ordinary cigarette, it must be admitted that the time has come when an effort should be made to re-adjust incomes and rates and tariff, generally.

FOREIGN TRADE OF JAPAN.

CONTINUED EXCESS OF IMPORTS,

2. The Act, it will be seeb, imposes on the master or consignee of any vessel bringing such persons to the Colony the fiability of either re-conveying them to their port of embarkation or paying to this Government the costs that are incurred by the Colony for their maintenance and removal, and also renders the master liable to a fine in the event of their being landed without the leave of the 'Chief Police Officer.

Intimations.

THE

ROBINSON PIANO

CO., LD.

NEW PIANOS

$70 CASH

AND 18 PAYMENTS OF $20 EACH

OR $385 CASH.

3. Masters and owners of vessels conveying passengers to the Colony should therefore take precautions against accepting as passengers any persons not nativas of the Colony or Fede rated Malay States who may reasonably be suspected of belonging to any of the classes GREAT STRENGTH AND SUPERIOR of persons described in Section of the Act, for whose landing in this Colony the con sent of this Government has not previously been obtained.

41 am to request that you will be good enough to cause the provisions of this Act to be known as widely as possible.-I have, etc.,

The Honourable

梦

(Sd.), E. L. BROCKMAN, Acting Colonial Secretary, Straits Settlements.

The Colonial Secretary,

Hongkong.

A BURGLARS MISFORTUNE,

CAUGHT BY A SHREWD POLICEMAN,

TO ANYTHING IN THE

COLONY.

Steinway,

Bechstein,

Krauss,

Haake,

Hopkinson,

Winkelmann,

ON

CORRESPONDING TERMS.

ALSO

Chinaman by the collar of bis cout, he replaced BABY GRANDS

If it had not been for a stone a notorinas burglar would have been at large and getting rid of his spoils today. At half-past ten last glukong, No. 211, while on his heat; Wing On Street. He remained at the corner for arrived at the junction of Des Vaux Road anĺ

a few minutes, and was about to return, when a stone fell on his bamboo helmet with some force. The lukone looked up, and as it was all dark,

0 shouted: Stop throwing stones, will you? and thinking that something was going on which was not above board, he got nearer the side-walk and waited. He was not there very long, when a Chinamai dropped-as if from the The kies-with a thud at the Zukong's feet. lukong's views were confirmed, so grabbing the There appears to be no end to the excess of

Economist. In January the excess amounted Isports over exports, writes the Oriental him on his feet, after his bad shaking-up.

inquiries being made it was learnt that the to Y,240,000 ¥5,540,000 in February, and

Chinaman was just coming down the water- Y3,000,000 to the insddle of March. This state, He steadied himself in mid-air to wait until spout when the "lukong put in an appearance.

of afbours is inevitable so long as the Govero the puliceman should pass. He could fot ment continues its loan policy, which causes.

remain is that position for very long, and in the expansion of currency

at the rise in thegging his toe into the spout, caused a piece of the pipe to break, which fell on the police. price of commodities. The general trend of man's helmet. This slip of his foot unbalanced foreign trade since the beginning of last year the Chinaman' from his rather uncomfortable may be seen from the following figures:—”

position, and he fell below, a distance of some

1905.

Exports.

wenty feet. On removing the night acrobat Imports.

to the station he was searched and money and Y23,766,577 Y35,261,845 clothing to the value of $54 were found. It was 24,031,473 40,023,554 afterwards discovered that he had burgled the 23,632,112, 52,356,035 house, At the police court this morning the 24,402,036

54,453,003 defendant admitted the theft, Mr. F. A. Haze 22,954,666. 57,131,585

land sentenced him to three months' hard labour #3,381,094. 46,234.770 and six hours' stocks.

Jan..

Feb. March April.

May..... June July

24,257,982 35.000,142

27,890,574 34,589,150

29,532,468 30,520,517

29,218,431 49,267,639

31,398,275 32,313,649 36,537,927 33,879,059

V323,533,615 Y488,538,017

Do,

Aug....

Dec.

24.983,183 34,223,3 26,536,048 32,077-333 Y56519,231 Y66,300,55 Same period 1905

48,398,045 78,285,300 Same period 1904 48,078,168, 58,634,944 As shown above, the large amount of imports that continued up to June last was mainly brought about by the purchase of military sup plies, together with the expansion of currency and the consequent rise in general prices. With the stoppage of the importation of milj.

Mr. Pullock then quoted several authorities on the question of the right of forfeiture of money paid as part purchase money for pur.

The following is taken from the Jufman chase of any goods or property, and said that Chronicle, of 18th inst,;—On Saturday morning they sh wed that the vendor bat no right to further destructive earthquakes were exper- retain the deposit money as there had been no ienced at three and eight o'clock in Formosa. sepudiation of the contract, or failure to com- The centre of the disturbance was in the Sept. plete it on the part of the appellant. As 10 vicinity of Temsbike, in Ensuika distric. Oci time being the essence of the contract all the very strong shock was also experienced Nov. authorities showed that unless a repudiation in Taipeh, Taman, Taito, and Koshun, or wilful veglect in complete a contract, not and the, people, greatly alarmed, rushed out necessarily on the fate specified for such com- of their houses. No damage to property 1906. pletion, but within a reasonable time there-in Taipeh, however, has been reported, Ipan after there was no breach. Therefore, the Kagi zo persons were injured, and their was

Feb. forfeiture here wis legal and he submitsume loss of life, details of which are not yet led that me such forieiture should have known. Almost all the Government offices, heen made. I was not the appellant which escaped destruction in the previous who repudiated the runtiact, but the res calamity, have now been destroyed. Landslips pendent who did do so. In fact, he submit- took place on the hill-sides in Kagi and En- ted that the respondents had acted in a suiko, and in some places telegraphic commiu- most arbituary manner, Because the ten-

nication is broken. der of the parl-purchase money was cou- pled, with a condition the purchaser had an right to make, ilid not give the vendors the right to say the matter was closed and they would keep the deposit money. They must dis- cass the matter and rive the purchaser some sort of notice that unless certain things are rectified the contract will be held to have been broken by the purchaser. The purchaser was given no such notice, and the matter was provided for them. arbitrarily closed. He therefore submitted that a ventor tad no right to put an end to the night of Saturday, the damage in the Ensuiko contract for sale because the purchaser in ten-Prefecture consisted of three persons killed dering some of the purchase, money made a and fifteen injured, 638 houses totally and 397 cor dition which he was not entitled to make, partially destroyed; in Tensliko district, where and therefore the appellum was entitled to re- the shocks were must' destructivė, 13 persons cover his depasit money and damages.

were killed or injured; 553 houses totally and 349 partially destroyed. The small list of casualties at this latest disaster is accounted for by the fact that the people were to some extent on their guard.

China has the chance of being a strong and and powerful kmpire and su to stand on a par with the ploudest of her coinpices of the West. treats, therefore, declares the cir cular note, upon the hi, h provincial authorities alone to make or mar the future of the country, according as they show patriotic cuergy and

Mr. Slade, referting to the argument of Hon. diligence or the contrary, in the fulfilment of Mr. Pollock, said that his whole contention the duties expected of them by the Throne. there was that time was not of the essence of Finally, as an incentive to more diligent efforts the contract. The Sales of Property Act refers than have been apparent hitherto amongst the to goods and not business. The contract provincial authorities in the matter of sprending for the sale of this business was not a and pushing on modern education, a special High Commissioner will leave Peking in the contract for the sale of chatiels personal, autumn to make a four of inspection of all the colleges and schools of the Empire, and upon his report to the Throne as to the result of that

The city of Kagi has been almost entirely destroyed, not a house remaining intact. In the district under the direct jurisdiction of Kagitary supplies the total imports naturally fell of, Prefecture, 7 persons were killed, 35 injured, but since November they have again begun to and over 2,300 houses damaged. In Kotailio rise, and at present there is so indication of the 400 houses were destroyed wholly or partially. tide turning. This result has no doubt been caused by the high prices prevailing in the On Saturday night over 2,000 homeless people in the city were provided with temporary

market. On examining the principal articles shelter, over ten koku of boiled rice being of import it will observed that there is a consi

derable (alling-off in wool, leather, and other: articles for military use, while the importation of mustiu, shininge, woollen cloths, etc., has made a marked increase.

According to investigations inade up to mid.

actually of a more destructive nature than the It is stated that the last earthquake was

previous one, but the loss of life and damage | but for the business. Fere the contract to property are both lighter owing to the fact was for the sale of the whole business, as that all the weaker houses have been already thrown down, and to the centre of the shock

is naturally thinner than in the towns.

4

COMMERCIAL.

TO-DAY'S EXCHANUK,

Selling ton-Bank T.Terken

demand Do 4 months' sight rance Bank T.T. America-Bank T.T.

many-Hank T.T. dia T.T.

Do. demand hang-Bank T.T. Singapore TT...... tava-Bank T.T..... anan-Hank T.T.

4 months' sight L/C.

Paving.

AND

PIANOLAS.

Hongkong, 4th.April, 1905

TELEPHONE No. 135

THE ORIGINAL

CANADIAN

2015/0

........... 2.60

2.12

CLUB WHISKY

DISTILLED AND BOTTLED

155)

...131% prem.

6 months' sight L/C......1/1 7/14 ja dava sight San Francisco & New York sol

months sight

dn.

512

30 days' sight Sydney and Melbourne,...1 9/16 | 1 months' sight Frame 5 months' sight

4 months' sight Germany Bar Silver Bank of England mate Sovereign.......

To-day's Advertisements.

PUBLIC AUCTION,

2.64! ....? Go

2.17

..30 7/16

-3%

9.66

Undersigned have received instructions

to sell by PUBLIC AUCTION,

FOR ACCOUNT OF THE CONCERNED, TO-MORROW,

(FRIDAY), the 27th April, 1906, at A.M., at their Sates Rooms, No. 8, Des Vœux

Road, comer of Ice House Street, SUNDRY

HOUSEHOLD FURNITURE,

and

A QUANTITY OF PHOTOGRAPHIC CAMERAS and APPARATUS,. TERMS: As usual,

HUGHES & HOUGH,

Auctioneers. Hongkong, 26th April, 1906,

TO LET.

OLD

Turning to exports i will be seen that many articles have been adversely affect.THE ed owing to the increase in the cost of production. It was only in November and December that exports totalling over 30 million yen were recorded. The total amount of exports for the first two months of this

I year reached the large sum of 51 million yen, but this was owing to the large sales of raw silk brought over from last year. A vari- able increase is noticeable in copper, rice, colton fabrics, porcelain, etc., while a large decrease has taken place in cotton yarn, silk fabrics, straw braid, matting, elc. Cotton yara shows a decrease for the first two months of this year, as compared with the corresponding

The future trade outlook is by no means reassuring, continues the Tokyo periodical No: The Government will before long carry out the redemption of the fourth and fifth domestic war bonds, and though a greater part of these issues are held by foreigners, from 70 to Bo million yea worth of bonds are in the hands of Japanese. That amount will consequently go to swell the currency already in circulation, while an increased issue of convertible notes, of no small amount, will be found necessary for payment of the new domestic loan. These events all tend towards further increasing prices, and to the continued excess of imports ever exports,

tour will depend the fitness of the high author. a going concern, and quch a business could ities holding office in the provinces to con. not be called "goods." "And so he would sub- | being in the hilly country, where the population tinae or be dismissed from their posts. The mit that this Ordinance did not apply. Emperor is determined that there shall be no His Honour the Chief Justice: But in the The Kagi quarters of Colonel Ito, Aide-de-period of 1905, amounting to Y3,690,000, more delay or shisking of duty in the universal spread of education in the Empire.

business of a newspaper there must be a print-Camp to the Emperor-who is now in Formosa ing press, and the press requires type-areby his Majesty's command to report upon the thev not goods?

destruction caused by the shock last month- Mr. Slade said they were all part of the busi-were also destroyed. Happily the officer had The following report is from Mr. F. G. Figg,ness as a going concern. If a person bought left there a few days previously for the south. First Assistant of the Hongkong Observatory: the printing-press and set it up in another Slight shocks of earthquake were falt during

On the 26th at 1.40 a. The barometer bas risen over E. Jupan, and fallen over W. Japan place and used it, that would not be purchasing the whole day on Sunday.

THE WEATHER,

and the coast of China.

A depression is passing, from the continent

to the Yellow Sea. The high pressure area Has now over S. Japari,

Light to moderate variable winds are indicat. ed in the Formosa Channel, and the N. part of the China Sea, accompanied by fog along the Forecast-Light SE, winde, cloudy, foggy,

Consti

the business, as he would not get the name.

If a contract is repudiated by any person as IN Servin the dislike entertained to fair bair is

to one item, however willing he may be to so acute that it extends even to the white bair carry out the rest, he repudiates the whole of old age. No Servian woman who respects contract. If time is not of the essence of the herself would appear in public with white hair. contract it is immaterial whether the matter is Nor does she attempt to conceal the fact that completed on' a specified day. But if it is of the dyes it periodically. The custom has come the essence of the contract then the contract is down to her from time immemorial

[sor

HIRAM WALKER & SONS; LIMITED.

BY

Canadian Club

Whisky

WALKERVILLE, ONTARIO, CANADA.

Per Case 12 Bottlos..$20.00 BEWARE OF COUNTERFEITS.

BAILEY Apply to-

ARRATOON V. APCAR & Co.,

45, Wyndham Street. Hongkong, 26th April, '1906.

[502 "GLEN" LINE OF STEAMERS.

VLADIVOSTOCK, VIA SHANGHAI | AGENTS-

⚫ AND NAGASAKL

FOR THE Steamship

"GLENLOCHY," Captain E. J. Stallard, will be despatched as above, on or about the 5th proximo..

For Freight, etc., apply to

MCGREGOR BROS, & GOW. Hongkong, 16th April, 1906,

(109)

H. PRICE & CO„,.

WINE MERCHANTS, ↑

12, QUEEN'S ROAD CENTRAL. Hongkong, 28th March, 1906,

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