1906-12-22 — Page 3

DEPARTURE OF H.B. THE GOVERNOR.

HOX, MR. F. R. MÁY SWORN İN.

15th Inst

•K.E. THE OFFICER ADMINISTERING THE - GOVERNMENT. At half past two o'clock this afternoon, the members of the Legislative Council assembled. in the Council Chamber for the purpose of witnessing the swearing-in of Mr. F. H. May as Officer Administering the Government, As usual bis Honour the Chief Justice administer ed the oaths, Mr. May then standing by the Gubernatorial chair took the oath of allegiance, the oath of office and the judicial oath,

After the three several baths had been ad. ministered, His Excellency the Officer Admin- istering the Government said he felt sure that all present would join with him in regretting the circumstances which had necessitated the occurrence which they had just witnessed, and would be unanimous in wishing the Governor, Sir Matthew Natban, a most successful health- giving trip, and a speedy return to his seat of Government. (Applause,). The members present adjourned for a meeting of the Executive Council,

The members of the Legislative Council present were: Hon. Mr. H. J, Gomperte, Allorney General; Hou, Mr. A. M. Thomson, Colonial Treasurer; Hon. Mr. W. Chatham, Director of. Public Works; Hon. Dr. Atkinson, Hop. Mr. E. A. Hewett, and Mr. A. G. Fletcher, Clerk of Councile. Others present wern Mrs. Atkinson and Miss Carr, Mr. T Sercombe Smith, Sir Paul Chater, and Mr. A. Seth, 1.5.0.

THE HONGKONG TELEGRAPH SATURDAY DECEMBER 22, 1906.

THE CURSE OF KOWLOON:

INDIAN HIGHBINDERS AT WORK AGAIN, 15th inst.

demeanour of the Indians he met on the road was nothing less than insulting.

· BUROFBAN, AND CHINESE..

CONTRACTS.

HOLLAND-CHINA TRADING GỒ. V, TONG: TAI FIRM.

THE FUNCTION OF THE CHINESE INTERMEDIARY.

17th inst

A décision under iha statuto

referred to Plevin v. Downing (1 C.P.D. 220) which Mr. Pollock contended was applicable to the case. am not quite clear on the point; but in view of the conclusion at which I have already arrived, it is unnecessary to go into the question..

381

ANYAKRIAL ROPE-WAXKASN

ORDNANCE DEPARTMENT'S" INSTALLATION.

15th inst One of the most interesting of recent insial rallway, the erection of which has just been lations in the Colony is the new overhead completed between the Ordnance Department stones upon the sea-front, and their magazine's) upon the bill, for the conveyance of heavy loads of shell and ammunition betwson thera two points. Since the installation je not, lika, most other things connected with the Ordnance Department, of a secrét nature, we have been i able to obtain paniculan of this singularly interesting piece of engineering perm

clear: before, we see whether the facts, come | Wing Kon's statement that he had authority within it

KSANDAR But bringing the case into line with the chalo Udell v. Atherton, which is more often quoi. of argamant I am now pursuing, in this aspect ed wrongly than rightly, on account of the very of it, it must fall to be decided by the general misleading beadnots in Hurlston and Nor-principle of the law as above stated: The man's reports, decides the negative proposition agent has exceeded his authority, and the that a principal is not liable in su action for principal is not liablo. of frands was decelt for the frand of his agent if it was beyond the scope of his authority. This was laid down by the so-called dissenting Judges, whose opinion however prevailed to maintain the At the Supreme Court this morning, bisponant, with the greatest respect it is very the rule for a new trial being dis-

Jurisdiction, delivered the following judgment is which the Chief Justice and Wylde 1. really Honour the Chief Justice, presiding in Original difficult to appreciate what the true proposition

So far as the condition of the English ver- Company versus the Tong Tai firm in the case of the Holland China Trading ||laid dowd. It seems to be better to take the sng of the contract is concerned, that the law Ar stated by Willes 1. in Barwick's case, sugar was to be delivered “as soon as pos-

Whilst this overhead line is based upon the, wh ch is really the leading case on the subject, sible," the question, as I pointed out at the

the foundation of the law as to the principal's trial, is a purely commercial one, But there Garman patented system of Messrs. J. Poblig liability, for the fraud of his agent: and this, as was no serious evidence offered to shake that& Co., of Cologne, the contract was placed in already considered in a recent case, 1 take toiven on this head by the manager of the the hands of an English firm, Mesure. Commen establish the following proposition-The prin- laimiff firm. I am satisfied that having & Co. of East Cheap, London, and the materiai, cipal is not liable because he has put a peregard to that evidence, and the consignment with the sole exception of the hauling cable, on in the position of agent which enables him having been shipped within so days of the which is of Krupp steel, is all of English make to commit frauds: for any agent may commit coming of the sugar of the new crop upon the any fraud, and there would be no limit to the market, that condition was amply fulfilled.. principal's liability, but because he has Judgment must therefore be for the plaintiff,

with costs. authorised him to do certain acts, which actu he has done fraudulently. Then in order to reserve the time-honoured reference to Udell Atherton, we may take it to be an illustra tion of the kind of excess of authority which will absolve the principal from liability, either

tost or in contract,

THE JUDGMENT,

order to put the matter on the firmest pos- sible basis, I think nothing could be more lucid than Bramwille LJ's statement of the law in Weir v. Bell (3 Ex. D. at p. 245), which I shall adopt-"Every person who authorises another to act for him in the making of any contract, undertakes for the absence of fraud in the execution of the authority given, much as he undertakes for its absence in him self when he makes the contrret."

JBITISONED CARGO.

STEAMER COMPANY'S ACTION UPHELD,

17th inst.

His Honour the Chief Justice, presiding in Original Jurisdiction this morning, delivered the following judgment in the case of the hem Shing firm zzr the China Navigation Company. His Honour said that the plaintiff in this case was unable to attend the trial and at his case bad not suffered, as what his It was quite impossible to adjourn the hearing, evidence would have been was quite clear, and though everything was said as forcibly as it ould be said by his learned counsel on bis be

ball, it was impossible that the very clear issues which were raised could have been decided in his favour.

There are other incidental points which it will be as well to deal with now. The clear statement of principle of liability for the agent's fraud is too often fo ged by references to the mester's benefit, without which it is sometimes

The plaintiff sued in respect of the non- said his liability does not arise. I do not delivery of 280 lubs of, ladige, shipped think, after a careful study of the authorities,

on the 6.1. Yunnan. The company allege that his means that an actual benefit must have been received by the master, which might they were shipped on deck at shipper's risk, and that on account of stress of weather they he negatived by showing that the contracts en- tered into on his behalf had resulted in a loss, were jettisoned. Plaintiff admitted the neces I believe it to be no more than synonymous sity fur jettisoning some of the cargo, but stated has been entered into on behalf of the price tank. He says if they were on deck they with on behalf of the principal: the contract they were not his tubs of indigo that were ine. Į jettisoned, as his were slowed on the ballast

do pal, and therefore for his benefit. There

were not there with his consent. The two seem, however, to be traces of another and

issues, therefore, were: (1) were the plaintiff's istinct principle, that a master will be liable ine the fraudulent act of his servant, although tabs on deck, and (2) were they there with his consent? The tubs were shipped on it is outside the scope of his authority, if he

the last day of loading, when the ship was as derived henefit from it: but probably only

Not many days ago we reported a robbery, perpetrated by Indians, in which two poor ricksha coolics after dropping their fares at By the English mail steamer, the P. and O.

Mau-tau-wai, village, bear Old. Kowloon City, Devanka," Hit - Excellency the Governor,

were severely beaten and robbed of all they Sir Matthew Nathan, x.c..., left the Colony possessed. ́o-day, we have to report another for Singapore, en route to Java, whither be of these putrages which occurred near the proceeds on a health-seeking trip, under the

scene of the last robbery, and in which a num- advice of his medical advisers. The departure ber of Indian scamps played the leading part. of His Excellency the Governor was quite it is to be greatly regretted that the revolver formal, only the members of the Legislative which was fired by a European constable as one Council, and a few personal friends assembling of the fleeing rascals suddenly went defective at Blake Pior, to wish His Excellency God

and failed to bring down the fugitive. if it did speed, and a speedy restoration to his usual not we believe that the high-handed behaviour A European merchant sends out his Chinese good health, and an early return to this Colony, of these scums would have been ended there broker with instructions to conclude a contract which wishes find an echo in the hearts of all

and then, However, the police at Yaumats, with a Chinese merchant with whom negotie bere without a doubt,

who deserve great praise, have succeeded in tions have already been proceeding, the terms capturing

one Indian, who alleges that he is a of the contract being written in English. The watchman

in the employ of the Steam Laun. broker, intentionally or by mistake, it matters dry, on suspicion of being implicated in last not which, introduces fresh terms into the night's robbery, and we hope that a

Yery careful

contract, writing them in Chinese on the back, inquiry will be made before this,manie released and obtains the signature of the Chinese from castady. Matters have now reached such merchant. Is this a contract binding on the n stage that these Indians practically run the broker's principal? Or, putting the case more peninsula. Policemen have got to be armed concisely. I send out my agent with in. for fear of being attacked by them, Europeansstructions to conclude one contract, he con going, even as far as Kowloon City, have also cludes another, am I bound by it? The mere ja he prepared in case they are held up and statement of the question seems to invite the robbed, white women and children sally out of answer No. But, there is a familiar principalin their houses after nightfall at their own risk, which might compel an affirmative answer Such is the condition of affairs at Kowloos at under certain conditions. A principal is liable the present moment. Even a well-known for the fraud of his agent, both in contract and police inspector, who went, as far as Kowloon in tort, when he has acted within the scope of City a lew Sundays ago, remarked that the his authority. In a recent case I had occasion to deal with this proposition, and the point to which the explanation was carried for the The behaviour of a band of Indians last purposes of that case was this-The fact that evening towards a respectable Chinese gentle. the principal has not authorised the particular man was as far as it could go." According to act of fraud is immaterial; if the act which has ho- report he made to the, police it seems been done fraudulently is within the class of acts which the agent has been authorised to that the gentleman in question, whose name is Leung Sre, a matsked builder, residing on perform, then the principal is liable, other

wise, not. In this respect fraud, mistake, or the Sai Kung Road, near Kowloon City, was on his way to Yaumatt is licensed ricksha No. mis-statement stand on the same footing. It 157. At about half-past seven o'clock when he is therefore clear that in the case i bave put reached Tai Shek Ku, not far from the spot concisely, and a fortiori, in the circumstances where the two ricksha coolies were "held up have specially before me, the principal nay

be held liable. recently, three Indians, all of whom were dress- ed in white, sprang out from the hillside, and The mere statement of such a possibility is THE FORMALITY AT GOVERNMENT HOUSE. called upon the ricksha coolie to stop. The enough to alarm those who have any business We are requested to state that during the conlie, in fear of his life, dropped the shafts of relations with the Chinese me chants; for the

his vehicle, and disappeared into the darkness. Governor'e absence His Excellency the Cficer One of the Indians walked up to the ricksha. though apparently it has not yet been brought case may arise every day in this Colony, Administing the Government will not reside

and seized the fare by his queue. Another got before the Cours. The mere statement of the at Government House, and that it is unneceshold of the Chinamant by the tight hand, and possibility shows, too, how careful the Courts sary for residents in the Colony, and others, together they dragged him out of the vehicle, must be in applying English principles of law who have already written their names at

at the same time thomping the man. While the to circumstances which the framers of that law Government House during the current year, to'

two indians held down the matshed builder, never dreamed of, and which have little or no call upon the Officer Administering the the third man searched the Chinaman and stoleansingy with the circumstances to which it is Government or upon Mrs. May, as wife of the

a purse containing one $10 bill, $15 in 55 notes, usually applied. In this, and, as I say, in pro- Officer Administering the Government.

a receipt for 57a from Mr. O. 13. Thomson, bably a multitude of other cases of daily oc Those who have nit already called at Govern-solicitor, and other things. After that they currence, there is one consideration which, so ment House and wish to do so will be good balled in different directions. At that moment far as I am aware, has not been considered in enough to write their names in the Governor's

ན European constable, hearing the cries of the England-the employment of a foreign inter- book which is still kept there.

unfortunate man, rushed to the scene, and saw mediary at different stages of negotiations con- one of the ladians making as fast as he could ducted in two innguages, neither party under- down the road in the direction of Yaumati. Standing the language of the other, and I think He gave chase, and finding that the Indian was the question really turns on this-what is the fester, he pulled out his service revolver and que function of the Chinese intermediaty? Is fired two shots at the fleeing “Indian. At that he broker throughout the negotiations? or does moment something went wrong with the he assume another character at any singe of revolver. What was the flaw is not known, them and, if so, what is the law applicable to but there are a few who think that the flaw was this state of afluirs? on the part of the officer, Such is not the case, In the present case the Chinese merchant for the person who held the revolver on this has repudiated the contract because the con- Obe further point should be referred 10: occasion is known to be one of the finest re-dition as to the term of delivery incorporated many of the cases deal with the frau, ulent acts volver shots there are in the Force. However into it by the intermediary was not fulfilled. of persons who are in the service of the princi that may be, the report of the discharge of thelle Lases his repudiation on the principle Ipal, eg., by managers of banks. The principle revolver frightened the Indian and he disap- have just referred to that a principalis, under is the same whether the agent's service be peared among the bushes. Two Indian con- certain circumstances, liable for the fraud of general or special: but these cases for the most stables, who also heard the report, repaired to his agent. He does an aisa un another ground part go off on the inquiry which is peculiar the scene and heleed lo escort the unfortunate that there was a mistake, that the parties to them, whether the act comes within the Chinamaa to the Police Station. The police were never "ad idem," and therefore there was class of acts which the agent was authorised to went out afterwards and' arrested an indian on no contract at all: Be does so, thirdly, by re- perform; they do not help much in deciding suspicion of being concerned in the "hold up." Terence to the principle, also recently before the such a case as the present, where the authority Although the mashed builder cannot identify Court, which decides which of two innocent paris to do a specific act, and the fraud has arisen this man the police have decided to hold him tex is to suffer, where damage has been caused in the doing of it. The inquiry in such a case until he can clear himself.

by the fraud or mistake of an intervening third is much more narrow, and must be examined party. It sometimes happens that two or more with the greatest care, by the light of the principles of law seem equally applicable to a doctrine of Bremwill L. J. in Weir v. Bell. Asto given set of circumstances. This may be per-

this I do not think it much matters whether fectly true; but, as I have pointed out in the fraud is committed against the third party another case, you may get the afhmasive or the principal himself: whichever way the answer from one or other or all, according as resulting action may be brougt, the underly: the facts are more or less fitted to the principle; ing principle must be the same. but if one principle gives a negative answer, you may feel fairly confident that the others will not give you a positive answer; or that, if

The following Gasolle Extraordinary was issued this afternoon :-"If is hereby notified that, His Excellency Sir Matthew Nathan, Knight Commander of the Most Distinguished Order of St. Michael and St, George, Governor and Commander-in-Chief of the Colony of the Hongkong and its Dependencies and Vice- Admiral of the same, having left the Colony this day, the prescribed Oaths of Office were administered by His Honour the Chief Justice in the presence of the Executive Council to the Honourable Mr. Francis Henry May, Com- panion of the said Most Distinguished Order and Colonial Secretary of the Colony, and that Mr. May thereupon assumed 'the Administra. tion of the Government in virtue of Bis Ma jesty's Commission given at the Court at St. James's on the fourteenth day of October, 1903.

A. G. M. FLETCHER,

"Clerk of Councils.

"COUNCIL CHAMBER,

"15th December, 1956."

"

ARRIVAL OF GEN. BROADWOOD.

NEW GENERAL OFFICER COMMANDING.

15th inst.

By the P.and Q. a 1. Simila, which came'into port this morning, there arrived H.E. Brigadier General R. G. Broadwood, c.ll,, who comes to take up his appointment as General Officer Commanding the Forces, in _succession_to Maj General Villiers Hatton. On the arrival of the Simia, Colonel Darling, accompanied by his staff, proceeded on board in His Excel- lency the Governor's launch to meet the dis tinguished officer, who immediately landed and proceeded to the Hangkong Hotel, where he took up his residence; (emporarily, until Head- quarters House renovation has been com- pleted for his occupancy.

DAIRY FARM CATTLE.

RINDERPEST EXTENDING AT PORFULAM'

FARMS.

15h inst.

Hongkong, 15th December.

1 beg to repon that the rick cows at the Dairy Farm at Pokfulam is No. 5 shod have been destroyed according to the Board's in- stractions, buried in lime, and the shed disin- fected.

5. S. “ PERLE"

ANOTHER DOCK COMPANY'S ACHIEVEMENT.

to the extent of the benefit.

nearly full. Two witnesses said they saw the rubs placed below, but their evidence was con- radicted by the ships officers. The man who he received the Mate's receipt, it did bear the words "on deck at shippers risk, which now appeared on it, but his lonour could not be lieve that. After certain remarks on the rules of evidence his lonour, continuing, said that the result of the evidence adduced forced his Honour to the conclusion that the plaintiff accepted the condition of shipment, and gave judgment for defendants with costs,

The construction of this overhead line has been supervised by Mr. Fritz Emmel, » Gere man guarantee engineer in the service of Messrs. Commens, who has been employad) upon the work during the past six months,

What strikes the observer most particularly is the beautiful case and simplicity with which bd rope way is worked, and the very small power employed in hauling the heavy loads of shelt and ammunition up the very heavy gra- clients, two of which are of not less than 1'in zo

tin 25

or t

Another advantage which this overhead system has over others which we have seen, is.

due to its admirable new brake-gear, which entirely does away with any chance of jump. ing or friction.

is

The carriers of the ropa-way run upon two; supported by standards varying in bright wheels along a fixed wire rope or cable, which according to the rise of the ground.

Suspended from the carriers by means of wrought-steel frames are the cars,, in the case

of

the rope way under potice, of two kinds, one of apan round bottomed tray shape, for carry. ing large shell, and the other closed eslindrical, For ammunition and explosives.

The carriers are drawn along the carrying rapes by means of an endless hauling rope to which a patent coupling grip is attached, so that the loaded carrier can easily and safely sarmount gradients of one in one if necessary, without injury to the rope,

and the brake-gear also works in similar The grip is closed and opened automatically, fashion, being one of the neatest things we have seen. As the car comes from off the carrying rope on to the iron rails of the station, the brake is pat hard down by a fin which de

fee journey thong the wire to continual ben the journey along is

The Aerial Rope-way starts with a station on the son-front of the Ordnance Department's deliver the stores from lighter direct into the cars standing, or rather hanging, ready in the station. One gentle push on to the rope and sway goes the car with its lead of 13 cwt, up the hill to the Central Biation, whence it can he switched on to a wire leading to the Station which discharges into any particular magazine.

Then there is the question of the benefit received by the agent. This is clear that if the iraudulent act has been done by the agent for look the tubs on board stated that at the time. Yard, where two small manuel cranes will his own purpose or benefit, the principal will ot be liable. This is analogous to the cases where a coachman has borrowed his master's carnage and goes for a jaunt on his own. The master is not liable for damage caused by the coachman's negligence. I do not think, how ever, this can be stretched to cover a case remuneration, where the.agent. receives whether in the form of commission or not, for entering into the contract on bis principal's be half.

The line is, of the shape of a Y, one portion running direct from the sea-front to the Central Station alongside the power-house, and the others forking away to left and right, one to a Station outside U magarine, and the other to. the Explosives Laboratory. The three lines can be worked at upce if desired by a very simple system of coupling up at the Central Station.

The power which works all the cables from its connection close to the Central Station is supplied by a small but efficient oil engine of the vertical type supplied by Tangyo's Limited of Birmingham of only 17 horsepower, and noe is set wondering how this very moderate power can perform the work of haulage a well as it does. Doub'less the perfection and simplicity of the whole system Itsolf is such that any waste of power is avoided.

À NOISY QUARTERMASTER.

DISORDERLY CONDUCT ON BOARD SHIP. zych inst.. David Lewis Murrow, a seaman, employed en board the C. P. R. Company's steamer Monteagle, was the defendant in a case which was heard at the Police Court, to-day, before Mr. F. A. Hazeland. Mr. F. W. Wilsden, the chief officer, was the complainant, and he alleged that Murrow absented himself from the hip and his duty no Saturday last, without leave, and behaved in a noisy and disorderly manner on board ship on Sunday morning. Murrow denied the charges. The Chief Officer

The weight to be carried by one caris, as of the Montraris declared that defendant was quartermaster employed on board his ship we have said, 13 cwt., and these are so arranged ate on Saturday night last defendant left along the hauli g cable that a distance of ico the ship. and was not on board at mid-yards shall be between each car in rotation, At one o'clock on Sunday morn whilst for every car leaving the station one is

left ing witness

his rom and went coming back. down to the pantry. There he saw defendant, who was slightly under the influence of liquor, e was having a dispute with the steward, so witness got hold of him by the arm and was about to lead him to his bunk, when accused made an attempt to strike witness, who, in self- delence, dealt him the first blow, Defendant then became disorderly, so much so that wit- ness had to call a policeman and give him in charge.

night. reth inst.

At four o'clock this aftemoon the first stern-

Whampoa Dock Company, for the River wheel steamer built by the Hongkong and service in Tonkin, was successfully launched in, the presence of a large gathering of gentlemen interested in mercantile marine- affairs, and their wives. The new vessel was christened, in time-honoured custom, the Perle, by Mrs. F. C. Wilks, who upon a given signal sent the boat on her way to her natural element.

either of thent appears to, there is a fallacy somewhere in the argument,

I now come to the facts. Take first the simple case:-

Defendant said that he was on board at midnight and feeling thirsty he went down in the pantry to get a cup of tea. He denied being disorderly.

His Worship-What sort of a character has The Chief Officer-When he has a little drink in him he becomes very disorderly, but when he is sober he is a very respectable man. His Worship sent defendant to gaol for seven days on the first charge. On the second count he was fined $7, with the option of another week's imprisonment.

INDO-CHINA STEAM NAVIGATION CO., LTD.

The fixed cable has a diameter of ti inches, with a breaking straih of 75 tous, while the hauling cable, which is of Krupp steel, is of inch diameter, and has a breaking-strain of 35

tons.

The contract pri e of the installation is of course an official secret but we understand that the iron-girder and frame work of stations and standards cost in the neighbourhood of £3,000.

Altogether the installation appears to giva the most unstinted satisfaction to every one concerned, though the present disappearance of battleships from this station, it will not be called upon to haul out heaviest shell, vir., the naval sz-inch.

The lengths of some of the serial ropeways installed elsewhere by Messrs. Comment & Co. are stupendous. In Norway there is one, for dealing with whole pine-trunks, of no less than 35 miles in length; while during the Russo- Japanese War when, it will be remembered, the Russians were for a time completely shut off in Vladivostock from the supply of coal from the sun side, they built a line of zo miles in length, rausing from the coal-mines in the hinterland right down to the naval port, thus effectually doing away with any chance of a coal famine..

Wing Kec, the plaintiff's broker, was in- structed to enter into preliminary negotiations with Chinese buyers of sugar. He establishes Before examining the case more closely. I relations between such a merchant and his want to say one word on the subject of such prine pal. Now, if the contract had been then tracts as the present. Commercial contracts and there concluded, and Wing. Kee bad between Europeans and Chinese are difficult caused it to be concluded with erroneous coo. amid the cheers of the interested spectators, others' language sufficiently for contractual principal would be liable, on the simple ap La conclude where neither party, knows the ditions included in it, I cannot doubt that his with her gay maray of bunting floating to the purposes, and a Chinese Intermediary is in-plication of the rule in Weir v. Dell. But eastern breeze, the new vessel made a five

evitable. But the conditions under which such

there are not the facts in the present case. appearance and was much admired. After the

contracts are entered into seem to me to Having brought the plaintiff and defendant work came the pleasure, and the health of the

impose certain duties on both sides; duties to together Wing Kee was given specific. in- latest product of the Dock Company was drunk, in conjunction with the name of her builders,

at least attempt to understand or to safeguard stuctions to conclude the contract with liebe on board? themselves from the risks of not understanding. defendant as written down on the contract note and owners. This ceremony over, Mrs. Wilks

It is useless for one side to go into the box and by the plaintif This term is more accurate was presented, by the manager of the Dock

rely on his own want of understanding. Nay than "enter into the contract," and, as will be Company, with a very handsome souvenir of

more, this duty seems to me to apply not seen, something turns on it. Now, in an ordi the occasion, which took the form, appropriate.

merely to understanding the terms and condi- nary case between two English firms, if an ly enough, of a beautiful pearl and diamond ring, which presentation she gracefully acknow.

tions of the contract, but also the subject agent were to take a contract written out by matter of it. it is really useless for Chinaman his principal to the other party, and were as ledged.

who enter into contracts with Europeans to the result of conversations to alter a term of In connection with a letter received by the The Perle is the first, of four stern- Sanitary Board from the Colonial Veterinary wheel steamers, to be built by the Dockrely entirely on what; in the colonial vernacuit, alleging that he had authority to do so, Surgeon, in which he states that the cattle dis. Company, to the order of Messrs. Wilks and

Ir, is called "my no savy. In this case this which he in fact had not, the principal, would not be liable. His character of broker has was carried to excess. A man, who has been in ease at the Dairy Farm sheds at lokfulum has | Tack, for Messrs. Roque's river service in Tau- extended to other sheds, a special meeting of kin. The is a vessel, of 146 feet length over

the sugar trade for 20 years, wishes me to vanished: his employment is only to take a

17th-iust. the Sanitary Board was called for at half-pastall, with a 24 feet beams and depth of five feet,

believe that he does not know the differ written contract from his principal to the older

With relerence to the General Managers' ins

THE ENGINEERS! DANCE. twelve o'clock, to-day, to declare No. 6 shed an having a draft of 24 inches, and a speed of 10

ence between beet and cane sugar: that party, for, signature; that party accepts bis. Infected area. The report reads:--

he thinks cane sugar is grown in Europe, statement that he has authority to vary it; iftimation of the 11th inst. regarding the proposed knots, and is built entirely of steel. She has

15th inst. and that some sugar is extracted, so he

he makes no further inquiry, he must accept alteration to this articles of association of the very fine accommodation for first and second

Over 600 guests assembled in the City Hall class passengers, well fitted and upholstered, has been told, is extracted from trees or timber. the evident excess of authority at his own above Company, Messrs. Jardine, Matheson &

The role of simple Simon was carried to av

risk, and if it is in fact beyond the scope of his Go, now inform us that, subject to confirmation last night to attend the annual dance given by and furnished with electric light and fans, the,

xtreme point; and it is well that Chinese authority the principal could not be held liable sta meeting to be held in London on the 27th the Institution of Engineers and Shipbuilders whole vessel being supplied with all the latest

inst., the proposed scheme has been approved. of Hongkong. The Hall was tastefully de- and most up-to-date appliances of all sorts,

merchants should understand that the Court-within the principle now under discussion." gives them credit for loo much astuteness in, There is also plenty of airy space fer steerage their commercial dealings

Thut here the language question comes in, The picfefence shares will, however, bear corated for the occasion. The staircase leading believe in it. and it is at this point that the case assumes cumulative dividend of 6% instead of 51% as to the ballroom was ined with flowers and passengers. She and her sister boats, which

greenery ; bunting adorned the walls, and the Commerce between the East and West would such importance to the community. Wing first proposed. are to he named the Rubi, Saphir and Emer-

crest of the Institute, which was surrounded with : soon come to a standstill if it were allowed to Kee has ceased to be broker: but his position ald, should prove valuable acquisitions to their

prevail. This merchant, however, wanted me ; differs from that of the agent in the case just PINALY IN THE FÅR EAST.

electric lights, occupied a prominent position: owners, while the Dock Company and all

in the Hall. The first dance stated at:ning to believe something more: that he did not considered; he is something more than a mere concerned in her building are certainly to be

o'clock and was continued into the email. understand the times and seasons of the crops, agent employed to get a contract duly pre congratulated on their achievement as far as

In the House of Commons on the pits ult, hours of the morning, and was, taking its all and its influence on the sugar market. This pared by his principal signed by the other Mr. Bellairs asked whether any representations in all, a huge success. The band of the 3rd The Perle is concerned.

was more plausible. But from the answere he pany; he has a new capacity, that of interpre have been received by the Foreign Office, or Middlesex Regiment was present. The follow gave to the questions I put to him there waster of the terms ofthe contract. The language addrested by the Foreign Office to the Ading gentlemen were responsible for the success THE "KNIGHT COMMANDER.” every now and then a glint upon the dark sur difficulty is known to both contracting parties,

face of his ignorance which shewed me that, and his legal position must be that of agent of miralty, concerning the increase of piracy on of the dance and for supplying a pleasant even On the 14th ull., in the House of Commons, though he might not be conversaut with all the the pisiciid with authority to translate the the Chica Station, and whether the Chinese ing to their guests:Decoration: Committee: Messrs. H. T. Richardson, E. C: Wilke; W. Ca Dr. Shipman atted the Secretary for Fore influences which bear upon the sugar market, terms of the contract which have been written Government are actively co-operating with a

of these lawless Jacks, and W. Wilson. Refreshments: Messrs. To limit the spread of the disease, the follow-ign Affairs whether he could now say what are he knew a great deal more than he chose to

in Raglish by his principal. Applying the view to the suppression the terms of settlement between the Russian reveal. I am quite certain that he knew what foregoing principles to this new position of the Mr. Runciman, on behalf of Sir Grey, Harvey, and W. A. Crake: Supper i Mesurs, Į. D. Logan, J. W. Anderson, J. McCubbin, D. ing steps have been taken

Government and the British owners of the he was doing when he entered into this com

parlier, I cannot doubt, if Wing Kee had Every shed on the farm is being treated as

and why he was doing it,

erroneously interpreted those terms his pristated Communications have parsed between J. D. Logan, J. D. Morrison, T. W. Robertson, On with the cow-boys inside and a separate lot of sels destroyed in the late Russo-Japanese War.

Mr. Runciman, who replied on behalf of Sir word of warning to the European merchants, see how the notice in Chiness that the Eng-ject. The commanding officers of His Majesty's son, and E. O. Murphy, lovitstion: Messrs. boys used to carry milk from the sheds and Edward Grey, said: With regard to the case of The system of compradores is so great & lish words would alone be proof would better ships on the West River are being called upon W. Ramsay, A. Ritchie and T. Skinner...

in report periodically on the state of security of Stewards': Meran, A. Milroy, H. B. Bridger, J. -bring food to the cows.

the Knight. Commander, the Russian Govern practical safeguard that it may have induced a the principal's position: for here were Chinese traffic on the waterways in the neighbourhood MacDonald, J. atcCubbin, T. Ritchle, 20. The stock at "Midway" is being removed to Sassoon's villas and housed in temporary

ment having declined to recopsider the claim feeling of security in entering into contract buyers ignorant of what those English terms of Centon, and from time to time to suggest Murphy, D: Harvey, A Sinclair, W. McLaren, matikeds. This divides the cattle on the farm put forward on behalf of the owners and others which perhaps tha ław, may hardly Justify, ·BUF were, and here was Wing Kee, ■ Chinaman, much improvements as 'may appear to them' W. f. Hill and A. Blake. Masters of Ceres:

sent by the principal to conclude the contract desirable is the plans devised for keeping many Mestr. 1. D. Morrison and E. O. Mur into two lots with a mile space between. I am concerned, His Majesty's Government have the somewhat nice questions which I am com

pelled to examine in this case will arise in I have no doubt whatever that the Chinese piracy in check. The question is now engage phy, Mr. C. J. proposed that the case should be.refered to -allo'trying the effect of seram insculations.

Tyndale-Lea was secretary and arbitration by the International Tribun-1 at cases where the European has no compradors bayers would be entitled to look to the plaing the attention of the Commander-in-Chief. ADAM GIBSON,

The Begue. The Russian Government have Colonial Veterinary Surgeon, not yet replied to this proposal. The case of This report, having been submitted to the other ve sels destroyed by the Russian Naval President of the Board, a special meeting was forces during the hostilities between Russia and Japan are pending before the Russian Prize The President read the letter to the meeting, Court. His Majesty's Government have, how Rad a resolution was passed declaring No. 6 ever, reserved the right of further diplomatic Abed 'an lofected area, and sanctioning the intervention, If necessary, after the usual legal angagement of the watchmen mentioned in the remedies have been exhausted by the parties - peterinary surgeon's report, "

concerned.

I regret also to have to report that the dis- cast has now extended to the nearest shed, about twenty yards away-No. 6 abad. In this shed there are eighty-two animals. Of these two are sick. I have had them taken out of this shed and put into No. 5 shed where the disease just appeared. 1 have closed now No. 6 shed, provisionally, and recommend that the Board declare it an “infected area," as in the case of No. 5 shed. I beg to ask for authority to engage two watch- man to ensure that ao communication exists between the infected sheds and the outside.

-

an infected shed, in that the shed is kept locked night Commander and the other British ves- the other hand, I am bound to add this in would be liable. And, further, I da nor the Admiralty and Foreign Office on this sub- | and V. Watson. Dance: Meurs, J. D. Morr

V

calledat doprinde

cipul

manager.

to fail back upon, and perhaps an unexpected tiff's agent to give them a correct translation The Chinese Government hava sent very " liability will arise. There had been another of the English terms. He must be held to practical form of security introduced into this have been sent with that express object in stringent instructions to the Canton Viceroy as THE sale of the leasehold property situsted. contract the statement in Chinese that the view. But Wing Kee did more than this. He to the necessity of suppressing piracy, English words would alone be proof--and 1 deliberately altered the terms of the contract, shall have to consider how far this can effect the forers as he bad translated them, at the the purpose for which it was introduced. request of the defendants alleging an authority

THE Chinese Tagineering and Mining Co.'s total output of the Company's three mines for

I now come to the question of law in issue, to do so, which be in fact did not possess the week ending December 1, 1900, ameunted as it is essential to the proper determination of Undoubtedly, as Mr. Pollock put it, the de- to $3,313,60 tons and the sales during the same this case that the principle of law should be i fandante were megligent in evenadily accepting i period to 23,242.33 tons

at No. 15, Gough Street," advertised to take ́placa in the sale-rooms of Messrn. Hughan and Hough on Saturday at noon, did not take place, as at the last moment the vendor's solicitor Messrs..Dennys and Bowley, were enabled to announce that the matter had been sealed between the parties,