1906-04-28 — Page 10

118

TELEGRAMS.

"HONGKONG TELEGRAPH"

SERVICE.

[Official]

SAN FRANCISCO EARTII- QUAKE.

WORST FEARS CONFIRMED.

ENTIRE CITY MYST 699

To the courtesy of Mr. W. `F. Gracey, Acting U.S. Consul General in this city, we are indebted for the following telegram

To-day's despatches from the neigh

bourhood of San Francisco scet (P) confirm worst fears of yest r- day, excepting loss of life, which the chief of police states will not exceed three hundred.

Since midnight fires have started afresh and are burning fiercply.

"It is believed that the en- tire city must go, residential- as well as business section.

"(Signed) BacoN, "Assistant Secretary of State.” VOLANIC ERUPTION IN

JAPAN.

BAYONNAISE ISLAND ACTIVE, [From Our Own Correspondent, |

Shanghai, 21st April,

10.25 a.m.

Stoke is rising from the volcanoes in Bayonnaise Island, in Japan, to the height of 1000- feel.

A most serious situation exists. NOTED EDITOR DEAD.

MR. ROBERT LITTLE SUCCUMBS TO. TYPHOID FEVER, {From Our Our Carryspandent:}

Shanghai, 21st April,

10.25, .m.

Mr. Robert Little, editor of the North China Daily Ners, died la: l night from typhoid fever.

[We are indebted to the Editor of Who's Witn in the Far East for the following biographic notes relating to the late Mr. Little, which hai heen kindly placed at our disposal:—Litt!". Robert William (Shanghai), B.A. (Oxon};. Fv

J. 1. journalist; at oudon Aug, 2, 1839; 2. At Shanghai, too. Educ. St. Paul's Sch. La and Oriel. Goll. Oxon.i tntered as studient t Lincoln's Inn, Lond., and read for the bu came to China in 1861 and engaged in m rcantile pursuits; joined the North China Dar'y News in 886 and succeeded the late Mr. J. W. Maclellan as editor; was chairman of Munici Council, Shangha, in 1899, 1880 and 188 chairman of Shanghai branch of China Ass ciation in 195 Clubs New Universi y (Land), Shanghai, ein.-Ed., .x. T.]

CHOLERA EPIDEMIC,

SERIOUS OUTBREAK IN SINGAPORE.

EXTRA SANITARY PRECAVEONS.

[From Our Own Correspondent.}

Singapore, 21st April, 9.50 a.m.

A serious outbreak of cholera has occurred here.

There have been 44 cases up to the present time this month.

The wells are being closed and extra sunitary officials engaged.

SINGAPORE MERCHANTS

FAILURE.

THE HONGKONG TELEGRAPH SATURDAY, APRIL 28, 1906."

H.E. Viceroy Shum, of Canton, that the construction of the Kowloon- Canton Railway must be left to the Anglo-Chinese concessionaires.

Į

ANGLO-TIBETAN TREATY. PROVISIONS OF THE COMPACT.'

GREAT BRITAIN SECURES PREFERENTIAL RIGHTS

HONGKONG CHAMBER OF

COMMENCE.

THE LEGISLATIVE COUNCIL VACANCY.

MR. E. A. HEWETT NOMINATED,

26th inst. A special general meeting of the members of the Chamber of Commerce was held this afternoon, at 4 pm, th the Old Chamber CHINA PAYS Tls. 2,400,009 INDEMNITY.Room, City Hall. The object of th meeting wn to nominale a member of the Chamber to take the plac: in the Legislative Council of the Hon. Mr. Robert Shewan, who has resigned. The only candidae whose name had been lodged with the secretary in accordance wat the rules was Ms. Euben Ansger Hewett, superintendent of the P. & D. S. N. Co.

The proposer was Mr. A. G. Wood, of Messrs. Gibb, Livings on & Co., while Mr. D. R. Law, of Messis flutterfield & Swire, was

{From Our Own Correspondent.]

Shanghai, 24th April, 11.20 in.

The Anglo-Tibetan Treaty, which has been concluded between Great Britain and China, recognises Tibet as a Protectorate of the latter conn- try.

Great Britain undertakes not to. interfere in the internal affairs of the Protectorate - provided other Powers do likewise.

China engages- (1) to throw open the markets of her Protectorate to the dian trade:

(2) to erect telegraphs within the¦

territory;

(3)1o pay an indemnity of Ts: 2,400,000 in compensation for the expeditionary mission undertaken by Great Britain; and

(1) to grant to the British Govern- meut preferential rights in respect of railway and mining enterprises.

THE HUNGHUTZES AN MANCHURIA.

A CHINESE GOVERNMENT D FEAT.

BATTLE IMPENDING,

{From Our Chan Correspondent]

Shanghai, 24th April.

1.20 am.

A rising of the taughutzes has taken place in Mancharia

the

secnader.

Mr. E. A. ewalt, as chairman of the Chamber of Commerce presided, and amung those present were H: M. Tebby, A. V. Apcar, H. M. S. Neinazee, R. Bishow, D. R. Law, W. D. Graham, F. J. V. Jorge, A. Shelton. Hooper. A. G. Wood, J, R. M. Smith, G. H. Medhurst, H. Sutor, 1. F. Hough, A. S, Mihara, H. E. Michael W. Danby, F. S. Kadoorie, Tomkins, t. U. Moxon, J. Owen Hughes, L. ngel, S. D. Selines, A. Rumjan, D. M. Nissi, O. Ellis and J. J. Leiria,

The secretuy read the notice calling the and the chairman read the notice

from

the Government stating that owing to the resignation of Mr. Shewan it devolved upon

The Chamber to elect a successor.

Mr. A. G. Wood proposed the election of

Mr. Hewett remarking that the candidate was

well-known to them all and needed no recom-

mendation.

Mr. Law econded.

The chairman thanked his proposer and seconder and put the motion to the meeting.

It was curled unanimously.

Mr. Hewet returned thanks, and said he would do his duty in the future as he had done in the past.

The chairman then referred to the terrible disaster that had overtaken San Francisco, and in view of the close connection of Bongkank

with San Francisco the Committee had thought it right to send the following telegram to the Governor of Califurum on the 23rd inst, ---

"The Chamber of Commerce desires to tender to the city of San Francisco and neighbourhood its heatiest sympathy in due calamity that has befallen them.

The business being concluded, the meeting adjourned.

SAN, ATLAS.

GREAT NORTHERN RAILWAY'S PUBLICATION.

26th inst.

UNDUSIRABLE MENDICANTS.

STRAITS LEGISLATION.

We have received from the Colonial Secre tary the following copy of a letter received from the Colonial Secretnty, Straits Settle inetits. The Act referred to thereis will ap. pear in the next issue of the Government Gaartie:-

Colonial Secretary's Office,

Singapore, zoch pril, 1926. Sir-1 am directed by the Officer Adiuinis. terrag the Government, Straits Setements, to Forward herewith, for your information, copies of an Act to prevent the landing and leaving of decrepit beggans at the ports of this Colony as recently amended,

THE NEWSPAPER IN COURT AGAIN.

26th fast.

of the purchase mouay would give them no title absolutely to the business-it would not give them the right to work the business, and to take the profits; the vendors would will rotain the right to control until completion of the payment of the purchase money,

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

Mr. Pollock: But the letter from bis salici- tors on that day stated that he was prepared to

with the profit and lo15. way the amount and take over the business,

in Appellate jurisdiction this morning before the Full Bench consisting of their Honours Sir Francis Piggott, Chief Justice, and Mr. A. G. Wise, Puisne Judge, the appeal was heard in the case of Tam Man Sam. Tam Yau, and another case brought for breach of contract, Hon. Mr. H. E. Pollock, KC., in- structed by Mr. C. E. H. Beavis, of Messrs. Wilkinson and Grist, appeared for the appel Tants, and Mr. M. W. Slade, instructed by Mr.

Mr. Slade said: But there was no offer C. V. Steavenson, of Messrs. Deacon, Looker to take it over from the back ten days, and the vendors had had serious expenses to meet and Deacon, appeared for the respondents.

in those ten days which should have come un- the Court before and an order was made in No.

der the taking over of the profit and loss as Hon. Mr. Pollock said this matter came before vember, 1995, for a special case to po stated

from the 4th June. What the appellant want in the special case the document of agreemented was to have full possession of the business and to run it immediately upon payment of the and the order for the forfeiture of the deposit money was stated. This agreement was then 55 0, and because he could not get full pusses. read and referred to the agreement for the sale

ment, and so broke the contract, and therefore of the Chinese newspaperSai Kai Kung Yik Po, then he neglected to pay the next instal- the contract for which sale was alleged to have

the vendors were entitled to take in forfeiture the deposit money, been broken as the purchase mosey was not paid within the specified time, and the deposit money was held to be forfeited. The purchase moncy was to be $9,270, that being the highest The appeilant offered the quarter purchase tender received, and $500 was paid as deposit,

2. The Act, it will be seen, insposes no the master or consignee of any vessel bringing such persons to tire Colony the ability of either re-conveying them to their port of enbarkation or paying to this Government the costs that sde incurred by the Colony for their master table to a fine in the event of their maintenance and removal, and also renders the being landed without the leave of the Chief Police Officer.

ul. Masters and owners of vessels conveying precautions against accepting as passengers passengers to the Culous should therefore take any persons not natives of the Colony or Fede-money on condition that he was given immedecided to close the matter. If the appellant rated Malay States who may reasonably be suspected of belonging to any of the classes of persons described in Section of the Act, for whose landing in this Colony the con sent of this Government has not previously been ostamed.

4 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.,

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

The Alonourable

The Colonial Secretary,

Mongkong.

PORTUNE-TELLER AND

FIREMAN

VICIOUS RESULTS OF A SEANCE.

26th inst.

One of the strangest stories that have been heard for a long time was told at the Police Cout this morning, On the 6th instantj za Chidaman, who was formerly a fireman on one of the coasting steamers, went to a fortune- eller at Yau-nha-li to have his fortune told. Since he gave up scale has financial position has not been what it might to be, so he gave the fortune teller to understand that he wanted to know everything – mostly of the future. The lortame-seller gave him a jar containing some bamboo sticks, and the fireman picked out stick. Leoking grave, the fortune-teller, after informing him of little uccurrences that were America is the land per excellence which

to pass, remarked: You have not very long kuows the value of keeping great undertakings

to live. You will the at the ike in the public eye. The alway lines, for in-

thirty-nine! This settled the fireman. Be wanted to hear no more and returned home stance, are perpetually issuing souvents and reminders of the beamy o the country which

in a great yil pressed condition. As the hours they Itaverse. Nothing is neglected to attract

went past, the fire, remembering that, ac The Redbourds canie into confliel travellers, and the arguments are, so cogently cording to the fortune-cher he had only five more years to live-be being 34 years old Lal them acceot

1 and bas speaking idea with the Government troops, whom pot that the reader feels morally bound 10

the time-got, more excited, and on the 8th Best he is somehow or analher defraud. they defeated, near Mukiten.

instant, be could stand the suspense no longer. fails to take ad- China, is mobilising her foreigning a company if he

saying to his wife that if he had to die in five vantage of all the privileges allerede The

years' time, be had better ifte now, and what drilled troops with a view of sup-latest device for the assistance of those who

was more he would prove to the fortune-teller pressing the rebels.

cannot make up their minds to travel is an

that he was a list, he entered his cubicle, immense Atlas of the Western, North-Western

while his belter-half, paying no heed to his tale, and Middle Western districts of the United

went out, The fireman, whien he knew the States and with maps" of the whole world in way was clear, muude preparations to enter the cluded. it is primarily intended to show the next world. He obtained ins razbe, and cut country through which three great lines avel his throat twice, calling a deep and nasty the Chicago, Burlington and Quicyadway the

gash-about 5 inches long. His wife had Great Northern railway; ad Pacific railway. Each of the just returned at the time and seeing her hus has a page or more devotes to itself and the smallest hamlets are shown on the plaps, luch are drawn on a large scale. The following the maps of the different Stales there are photographs illustrating the life of the district. with copious notes ou manufactures, popula tion, rathways, and other information which may prove of interest to die settler, the traveller or even the writer. All the western Stales artswhat may be termed "written *up” in anely, teresting lasbion, and the mind almost reels at the mass of statis- ties presented in the Atlas. Photographs of

the publication. Hongkong appear course, as in most American schemes of this character, the Atlas is t ap regardless of ex-

A battle is impending,

S. S. LOKSANG" SIBANDED.

CREW SAFE.

FRONABLE, TOTAL WRECK,

| Prom Qọc (rom-Correspondent.)-

Shanghai, 25th April. 11.45 a..

The ludo-China Steam Navigation Cols ss; Loksary, on a voyage from Shanghai (which she left on the 15th inst) to Chefog and Newelwang went aground off Peterman's Point in a log on Sunday last, the 21st inst.

The crew are safe.

The steamer is reported badly damaged and making water in the

engine-room and forehol.

It is probable that the Loksy |will become a total wreck.

On receipt of the foregoing a representative of the Telegraph called at the offices of Messes. Jardine, Matheson & Co, general managers of the Indo-China Steam Navigation Co., for corroboration of the news of the sy. Lob. sang's standing. He was kindly furnished with the fall wing additional facts relating to the disaster by Me srs. Jardine, Matheson & Co.:-

The s.s. Zating went badly aground North Point, about fifty miles west of New diwang..ou the eastern side of the Gulf of Liaotong, and may become a total wreck. The

BOAT QUAY FIRM INSOLVENT,

In reference to our special wire from Singapore of yesterday's date, a well-known local firm of commission agents, having connection with the Southern colony, kindly advise us that they have received information from Singapore that a prominent Chinese firm, with headquarters at Boat Quay, Singapore, las failed. The Lobrang is a vessel of 1,559 tons, and was built in 18ột by the London and Glasgow Most of the principal European firms Shipbuilding Company for the Indo-China are Juvolved, the largest being. N. Co, and had been running on the coast

of China since then.--Ed., 71, K, P.) sufferers to the extent of $25,000.

[The names of both the Chinese and the European firms are mentioned in the private advices. For obvious seasons, we deem i inadvisable to publish them at the present stage.-Ed., H.K. T.]

KOWLOON-CANTON RAIL WAY.

SIR ERNEST SATOW'S SUCCESSFUL. NEGOTIATIONS.

CONCESSIORAIRES TO BUILD THE LINE.

[From Our Own Correspondent,}

Shanghai, 23rd April,

10.30 a.m. The negotiations conducted by Sir Ernest Sutow, on behalf of the British Government, with the Waiwupa, on tho subject of the Kowloon-Canton Railway, have arrived at a conclu- sion.

་

same Company' ss. Foo Shing has been seat Chef to her assistance and further news us to any possibility of salving her is now awaited.

CHINA ALARMED.

FEARS RUSSIAN

AGGRESSION.

AKMY RESOURCES BEING CONSIDERED,

[From Our Own Correspondent.]

Shanghai, 26th April,

11 a.m. The authorities at Peking are becoming alarmed at the aggressive attitude which is being adopted by Russia in Manchurian afl'rs.

The Empress Dowager has sent for Viceroy Yuan Shih-kai to give a state- ment as to the condition of the Chinese troops.

1

The Government is considering the entire question of the preparedness As a result thereof, the Foreign; of the Imperial forces to withstand a Ollos at Toking has telegraphed to, forviga enemy.

O

pense with the result that it is a pleasure to opes it. A similar Als from booksel. Ter's shop would frighten a mint of money out of the buyer's pockets, but the American companies qude realise that if a thing is worth doing it is worth doing well. We are indebted

to the local agents of the Great Nothern Rail-' way Company for a copy of the Atla; which will prove a valuable acquisition to our refer ence department:

ATTEMPTED SUICIDE.

CHINESE WOMAN IN. THE HARDJUR.

20th inst.

At about four o'clock this morning a Chinese wanan, about thty years of age, was seen in the making for the 1 raya, Conn. ught Road West, as if in a hurry to over got some business. O gaining the Praya she walked to the side, and jumped into the sea. A sampaumun heard the noise from his heat, and looking out saw the woman stugghing in the water. He im mediately went to her assistance, and dragged her aboard his boat. The woman was handed over to Inspector Collett in a semi-exhausted condition, but none the worse for, her dip. At the Station she was in a hysterical condition, yelling the while, and no information could be gathered from her. She was removed to the hospital, as it is feared her mind is unbinged.

HONGKONG GAMBLERS.

THIRTY-NINE MEN, CONVICTED.

26th inst. Simultaneously, three gambling raids were made last evening, two in the Central District, and one at Wanchai, and the police were not lacking in their arrests. Under the guidance of Sergt. Lee, sixteen men were arrested from No. 22, Tai Wo Street, Wanchai. Sergt. Muzrison secured thirteen men from a house at No. 13, Lower Lascar Row, and Sergt. Sul livan, added ten more to the sumber, whom he captured at No. 46, Square Street. The

hers were all placed before Mr. Haze land, at the Magistracy, this morning, on the

band lying on the door in a pool of blood, informed the Yau-ma-ti Police tation, Sergt. Appleton went to the house (No. 179, Reclama- in Street) and had the then unconsciones may transported to hospital. Alter an adjournment in the hospital for eighteen days, the fireman was brought round, and was discharged this morning as "cared." He was placed before Mr. F. A. Hazeland'on a charge of attempted suicide. He could scarcely deny the charge, seeing the highly inflamed cut an his neck, but said he did not know what he was doing, friends?-Ver. Well, can't you get some of them to give your husband some workè--I think

His Worship (to his wife)-ilave you any

1 сан.

After the fireman had promised the Court that he would not attempt suicide again, the Magistrate discharged him with a caution,

EARTHQUAKES IN FORMOSA.

CONTINUED SHOCKS.

The following is taken from the Japan Chronicle, of 18th, inst.:-On Saturday morning for her destructive canlynakes were exper ienced at three and eight o'clock in Formosa. The centre of the disturbance was in the vicinity of Tenshike, in Ensuiko district. A very strong shock is also experienced in Taipeh, Tainan, Taito, and Koshun, and the people, greatly alarmed, shed out of their houses. No damage to property in Taipeh, however, has been reported. in. Kagi zo persons were injured, and there was some loss of life, details of which are not yet Imost all the Government offices, which escaped destruction in the previous

known.

calamity, have now been destroyed. Landslips took place on the hill-sides in Kagi and Ea suiko, and in some places telegraphic commu nication is broken.

The city of Kagi has been almost entirely destroyed, not a house remaining intact. In the district under the direct jurisdiction of Kagi Prefecture, 7 persons were killed, 35 injured, and over 2,300 houses damaged. In Kotaiho 400 houses were destroyed wholly or partially, On Saturday night over 2,000 homeless people in the city were provided with temporary shelter, over ten koku of boiled rice being provided for them.

|

diately the possession of the paper, with the right to print and publish the paper from that date, bui as the money was not paid on that day possession was not given, the condition being unacceptable.

Ten days before the purchase money ought to have been 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' solicitors. Hon. Mr. Pollock 'admitted that the money was offered with a condition attached to it which the appellant had no right, to make. The respondents admit the tender.

1lis Honour the Chief Justice: Wouldn't that in effect be the same as if no tender had been' made?

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

in

the

His Honour the Paisne Judge, held the lower Court, that the appellant was premature in wanting to take over business and enjoy the profits ten days before he was entitled to it. Noe. Mr. Pollock submitted that the only right for fodenture of deposit money would be his repudi ation of the contract, but there was no repudia- tion here in the conduct of the appellant. The due date for completion of the contract was the 4th June, 1995, and the agreement stipulated ted that if the matter was not so completed in due me all sums paid should be forfeited. "In due time must surely refer to the date which the balance was to be paid, and it was, the 14th june. Under these conditions it could not be contended that the appellant wished to repudiate the contract, but it certainly could be contended that he was only too eager to pay the money and complete the contract.

Mr. Pollock then quoted several authorities on the question, of the right of forfeiture of money paid as part purchase money for pur chase of any goods or pipery, and said that they shared that the vendor-had-no-right-to retain the deposit money as taere had been no repudiation of the contract, or failure to com- plete it on the part of the appellant. As to time being the essence of the contract all the authorities showed that onless a repudiation or wilful neglect to complete a contract, noi necessarily on the date specified for such com. pletion, but within a reasonable time, thera after there was no breach. Therefore the turfeiture here was illegal and he submit. ted that no such forfeiture should have been made. 1 was not the appellans who repudiated the contract, but the res. "pondent who did du so. In fact, he submit- ted that the respondents had acted in a most arbitrary manner. Because the ten- der of the part-purchase money was cou pled with a condition the purchaser bad no right to make, did not give the vendors the right to say the maiter was closed and they would keep the deposit money. They must dis cuss the matter and pive the purchaser some sort of notice that voless certain things are rectified the contract will be held to have been broken by the purchaser. The purchaser was given on such notice, and, the matter was arbatarily closed. He therefore submitted that a vendor had no right to put an end to the contract for sale because the purchaser in ten- dering some of the purchase money made a condition which he was not entitled to make, and therefore the appellant was entitled to re- cover his deposit money and damages.

not G

Mr. Slade, referring to the argonient of Hon. Mr. Pollock, said that his whole contention there was that time was got of the essence of The contract, The Sales of Property Act refers to goods and not business. The contract for the sale of this husiness was contract for the sale of. cliattels personal, business. Here the contract tant for the was for the sale of the whole business as going concern, and such a business could not be called "goods." And so he would sub- mit that this Ordinance did not apply.

His Honour the Chief Justice: But in the business of a newspaper there must be a print ing press, and the press requires type-are they not goodi?

Mr. Slade said they were all part of the busi- ness as a going concern. If a person bought the printing-press and set it up in another place and used it, that would not be purchasing the business; as he would not get the name.

|

Mr. Pollock then took up the argument criticising the authorities quoted by Mr. Slade and said that these cases,

the respondents had, at a private meeting, apply in the present case, for the sea did not

had not been ready to pay down the money on the specified date then the cases would apply: but he was ready, and therefore he was entitled. 10 claim specific performance of the contract, or receive back his 'deposit money.

After hearing a translation of the contract Court read by the Court interpreter, the feserved judgment.

THE CHINESE COMMISSIONERS.

26th inst.

TRIBUTE TO THE "DAKOTA."

We have received copies of letters from the Imperial Chinese Commissioners expressing their satisfaction at the treatment received on board the steamer Dakota Both letters are signed by all the Commissioners Prince Tsai Tsch, Shang. Chi-heng and Li Sheng-10. The first is addressed to the Great Northern Steamship Company, at Seattle, and reads as follows: "Genilemen:-The members of His Imperial Chinese Majesty's Special Commis sion recently arrived in your city from Yoko bama, having travelled from the last named point on your commodious steamship Dakota, Like pleasure in testifying that the steamer Dakola is the best appointed with largest, most comfortable and best equipped cabins we have ever encountered that the table and service are superb and that our party, have been treated from the beginning to the end with the great- est courtesy and consideration, and wa cheer- hilly recommend your line to travellers between the Orient and the United States or vice versa. We understand that the ship because of its equipment and its length is unusually steady and comfortable, and certainly we found it so throughout this voyage. To further endorse the above wa wish to advise that we hope to take the ss. Jakolu on our return voyage from Seattle to Shanghai."

The second is addressed to Mr. W. W. King, general passenger agent of the Great Northern Steamship Company. It runs Dear Sir,- is Imperial Chinese Majesty's Special Com mission having, with its accompanying staff; just completed its journey from Yokohama to your city upon your commodious steamship Dakota wish to thank you personally for the constant care that you have given for our com fort from the first correspondence with you in October last, when arrangements for our travel were begun. We have been at every step con- fronted with evidence that you have been con- stantly and earnestly doing all in your power to make the trip comfortable and free fram possible annoyances, and all your repic- sentations have been strictly fulfilled."

A BURGLAN'S MISFORTUNE.

CAUGHT DY & SUREWD POLICEMAN.

26th inst.

If i had not been for a stone a notorious burglar would have been at large and getting rid of his spoils to-day. At half-past ten last night, a lukong, No. 291, while on his bea!,

A arrived at the junction of Des Voeux Road and Wing On Street. He remained at the cornerfor a few minutes, and was about to return, when a stone fellon his bamboohelmet with some force. The lukong looked up, and as it was all dark, 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 Chinaman deopped-as if from the skies-with a thud at the lukeng's feet. The Jukong's views were confirmed, so grabbing the Chinaman by the collar of his coat, he replaced him on his feet, after his bad shaking-up. Un inquiries being made it was learnt that the Chinaman was just coming down the water- spout when the lukong put in an appearance, He steadied himself in mid-air to wait until the policeman should pass. He could not remain in that position for very long, and in digging his toe into the spout, caused a piece of the pipe to break, which fell on the police. man's helmet. This slip of his foot unbalanced the Chinaman from his rather uncomfortable position and be fell below, a distance of some twenty feet. On removing the night acrobat to the station he was searched and money and clothing to the value of $54 were found. It was ' afterwards discovered that he had burgled the house. At the police court this morning the defendant admitted the thelt, Mr. F. A. Haze land sentenced lum to three months' hard labour and six hours' stocks.

THE SHELL TRANSPORT AND

TRADING COMPANY.

RUMOURED WITHDRAWAL FROM EUROPEAN MARKETS.

If a contract is repudiated by any person as to one item, however willing he may be to carry out the rest, he repudiates the whole contract. If time is not of the essence of the contract it is immaterial whether the matter is completed on a specified day. But if it is of the essence of the contract then the contract is broken if the matter is still uncompleted on such specified date. If a man tenders money with

It is stated in the City, says the Pall Mall illegal conditions attached tre breaks the con. tract just as much as if he had not paid or had Gazelle, that the Shell Transport and Trading not tendered the purchase money at all on the Company has decided to give up the European due date. It is a repudiation and he submitted part of its business, to whom and for what that in this case the purchasers had repudiated account or for what reasons no one outside the the contract, and quoted a series of authorities directors and management can very well pre». on the point, and submitted that time was of tend to say; but as the company will in future. the essence of the contract. In this matter the work with greater freedom in the markets of contract was for the purchaser to take over the Far East, it is not unlikely that some the business and profit and loss account there arrangement has been made with the Standard of. A term of the contract was that before 3 Oil Company. The Shell Company, working pm, on the 2nd June the money was to be through the medium of the General Petroleum paid, and the purchaser was to pay the money Company (f.d.), has organized extensive petro- and take the business and assume all the leum distributing business in this country. liabilities of the company, and acquire a right Two of its most recently built storage installa to all the book debts of the same. In this tions are at Manchester and Barrow,

It is well known that a price-cutting war has business there were debts on both sides.

The Chief Justice: The terms are very diffi- been in progress for considerably over a year, cult to understand. If the payment of the first and if some arrangement of the kind mentioned is naturally thinner than in the towns.

instalment entitles him to a right to the whole bas been made this will most likely be ter

of The Kagi quanters, of Colonel ito, Aide-de-profit and loss of the business, irrespective of minated. The three leading competitors

The payment of the balance, then surely the the Shell Company are the Anglo-American Camp to the Emperor-who is now in Formosa by his Majesty's command to report upon the whole thing is meaningless

Oil Company, representing the Standard; tha Mr. Slade submitted that it was by no Consolidated Petroleum Company, supponed destruction caused by the shock last month--

means meaningless. The vendors were by Nobel and Rothschild, and the Homelight were also destroyed. Happily the officer had It is staled that the Board of Commerce has left there a few days previously for the south, anxious to get in as much money as possible Oil Company, founded by Mr. Gekanow and recommended Cheng Yen-mao to be appointedSlight shocks of earthquake were falt during to enable them to pay off as many of the deble Mr. Mantascheff, two leading Baku producem

as possible, sad the payment of the fourth part (and refiners. the whain day on Sunday, Associate Director of Chinese railwaya.

usual charges, the leaders with keeping com mon gaming house, and the others with gam bling. In Sergt. Lee's case, the first two men were fined $30 each and the others St apiece The leader in Sergt. Murrison's case had to pay 575 and the others $3 each, while those of Sergt. Sullivan had to pay $go and $3 each respectively.

According to investigations made up to mid- night of Saturday, the damage in the Ensuiko Prefecture consisted of three perions killed and fifteen injured, 638 houses totally and 397 partially destroyed; in Tensliko district, where the shocks were most destructive, 13 persons 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.

It is stated that the last earthquake was actually of a more destructive nature than the previous one, but the loss of life and dainage to property are both lighter owing to the fact that all the weaker houses have been already thrown down, and to the centre of the shock being in the hilly country, where the population

Page 10Page 11