1908-09-18 — Page 5

fy_Telegrams.

HONGKONG TELEGRAPH "

SERVICE

YUAN SHIH-KAI

A PERSONA GRATA. *[By courtesy of the "Sheung Po."

Peking, 17th September.. The fiftieth anniversary of the birth of HE. Yun Shih-kai was celebrated on the 10th inst

The Empress Dowager sont pre- sents to the Grand Councillor of a value of Tls. 20,000,

It is remarked in Peking that no other Minister has ever received presents of such value before; -

GERMANY IN SHANTUNG. AFFORESTATION OBJECTED TO BY CHINESE.

to

[By enteriery of the "Sheung Po."]

Peking, 17th September. Seven Germans have been observed O proceed with the air restation of a part of Shantung by the planting of trees to which the Governor of the Province has ineffectually, objected.

The Waiwup accordingly has

THE HONGKONG TELEGRAPH FRIDAY SEPTEMBER 18 1908.

An Agent's Liability.

THE CHINA EXPRESS CO'S CASE

IMPORTANT JUDGMENT DELIVERED, Mr. Justice Gompertz, presiding in the Summary Jurisdiction Court, this morning, gavo his reserved c'ecision in the case in which William Barker, iriding as William Barker and Company, Beaconsfield Arcade, claimed from the: Chios Express Company, of Duddell Street, ten cases of fire bricks, which the plaintiff alleged were wrongfully detained by the defendants, or in the alternative the value

94.

in this case, the reader will remember, the whole question was whether the plaintiff should pay cennio charges made by the defendanis. The charges were: $5 for commission, etc., and 55o landing charges. His Lordship held that the $; for commission was lawful, but that the xtra charge was not. He men-suited the plaintiff; and directed that both sides pay their ewn costs.

In del vering judgment, his Lordship said I have taken time to consider my decision in this case, and a delivering a writted judgment because although the actual amount involved in only the small sum of $ -.50 the question I have to decide is important es conceming the ht of forwarding agent; to collect fees from consignees in the Colosy.

The fictsof the case are shortly as follows: he plaintiff who trades in Hongkong as

William Burker and Company, sent an order on 28 h April last to a hum-the Ba ley Down Drafs Furnace Company-for the supply often cases of fire bricks. The vendor delivered the ads to the firm of A. H. Post and Company,

tort feavors. Supposing under the pid systemcemdined another five days in the godown free of pleading they had in such a case pleaded of reat, It was attempted to prove for the Hen it would be a good replication by plaintiff defence a custom of merchants for agents to that the leader of an amount sufficient (o dis- incor such charges and debit the consigues of charge the line had been made and it would be the goods with them. But first of all I cannot wholly unnecessary to allegepaymentsioCourt, find on the evidence that any such custom bas (See the form in Bullen and Leake ged edition, been proved as would apply to the circumstan page 746), I am clear that no payment into cos of this case. It would be utterly Court, was necessary. The property then being wureaturable to hold that a period may is the plaintiff has he further the right to pos- reader services to another which ha has been session? He has not that right if the goods given notice that the other does not require were subject to lien for defendants' charges and and then charge him with ibair cost.

come thus to a the main point at issue : Were bold then that the charge of $5 was good defendantsentitled to insist on payment of their and lawful and that defendents as agents for charges before giving a delivery order? Now, Post and Company had a lien for that amount the contract between plaintiff and his vendors in on the goods. As to the $7.50 the charge is New York must be taken, I think, to be that bad, and plaintiff was never liable to pay it. I the vaado's were no select the goods ordered think the justice of the case may be, met by by plaintiff and dispatch them to the proper pon-suiting the plaintiff, and I direct that each and customary manner by carrier selected by side pay their own COBIS the vendors. The purchaser, was to pay for tie goods by acceptance of the bill drawn on him by the vendors and he was to pay the "carrier the sum due contract of carriage entered into by the vendors at his agent. What then was the sum. due under the contract of carriage?, I will go back to the origioni contract between plaiou and the Hawley Down Company. It is clear

Canton, 17th September. that this was not en F.O.B, contract. Plaintif

At 9 o'clock yesterday morning a daring. ordered the goods on the understanding that he was to pay for them by his acceptance, and that robbery took place at a house belonging to a the vendors where to provide the goods and wealthy mas named Ho Ko Chung, in Lo Pai arrange for their transit to Hongkong, the costs Hong, Street, in the Western suburb. Some of this transit being paid by the purchaser, Alteen robbers entered the bruse, six in chairs Now, the contract for carriage is contained and others as followers under the guise of in the through bill of lading there visitors on a friendly call to Mr. Ho. The door provided that freight and disbursements are keepers thought they were friends of the mas to be paid as per-magic-and-by-Clauseter and admitted them without the slightest it is agreed that the forwarders are to suspicion. When the strangers had all got

ander the

He is entitled to the goods on payment of

To-day's Advertisements.

·HONGKONG CRICKET LEAGUE,

NTRIESI

"FOR THE HONGKONG

ECRICKET LEAGUE SHIELD COM

Intimations.

YOU MAY BUY

FROM US A

PETITION 1008/00 will close to the undere VICTOR

signed on SATURDAY, 26th September.

Entrance Fes Sto ench team,

A. E ASGER, Hon. Sec. and Treas. Hongkong, 18th September, 1908. THE TRADE MARËS ORDINANCE,

1898,*

APPLICATION for Registration of a TRADEMARK. NOTICE is hereby given that THE CHESEBROUGH MANUFACTUR. ING COMPANY, Consolidated, of .17 State

NOTI

Poste bill of $10.44 gold and $5.00 local cur St, New York City, U.S.A has, on the 20th reacy for Hongkong charges...

CANTUN DAY BY DAY,

GANG ROBBERY.

[From Our Own Correspondent.}.

made representations to the German freight contractors of New York, and re- have a general lien on the goods.for freight, into the house they held up the inmates,

Minister urging him to put a stop to the unauthorised nation of his subjects.

FOREIGN LOANS. PROPOSAL BY VICEROY OF CHELI

[By courtesy of the "Sheung Pu.")

Peking, 17th September. HE. Yang Hsi-elang, Viceroy of Chibli, has held a conference with Prince Ching, and Grand Councillor Yuan Shil-kni at which he submitted a scheme for the raising of foreign loans wherewith to reorganize the Navy...

This

day of August, 1998, applied for the Registra tion, in Hongkong, in the Register of Trade Marks, of the following Trade Mark -

VASELINE"

in the name of THE CHESEBROUGH "MANUFACTURING COMPANY, who

claim to be the Sole Proprietors thereof.

A

The Trade Mark has been used by the Applicantsin respect of the following goods:- A EMOLLIENT and MEDICINAL PRE- PARATION for External and Internal use in class thraa. facsimile of auch Trade Mark can be seen at the office of the Colonial Secretary of

Dated the 15th day of September, 1908. Hongkong and of the undersigned.

DEACON, LOOKER & DEACON, Solicitors for the Applicants,

849]

threatening them with revolvers and ransacked every part of the premises," apparently to ascertain where the valuables were kept. 1 hav did not decamp from the house until eleven o'clock, after they had succeeded in getting together all the valuable articles that they could lay their hands on, which are unid to be worth over 50,000, consisting of jewellery the and gold ornaments, etc. The case was at once reported to the Namhoi magistrate who, immediately deputed a weiyuan on the same day to make an inspection of the house. The police are using their best efforts to hunt up. the perpetrators of the outraga.

ADMIRAL LI ON TOUR. Admiral Li Chun yesterday proceeded to the West River to make a tour of inspection of the waterways.

PROTECTING RIVER STRAMERS, The Government gunboa: Ang Kun has been despatched to cruise in the vicinity of the Tai Shan barrier for the purpose of protecting the vessels running between Hongkong and Canton.

LIKIN COLLECTIONS.

ceived from them the document which is insurance, and charges advanced. What then is entitled which is in effect

a through bill of lading and the amount which is to be paid by the shipper a receipt for theer the consignee and for which the forwarders geods and a contract for carriage.

are to have a lien on the goods carried? There document was sipped "A. H. Post and Comis à reference to the margin, but as a matter of pany!! as forwarders, was endorsed is blank by fact the amount is not entered on the margin the Hawley Down Company and sent by them of this document. Referring to the memo to plaintiff, with a bill for the price, which was from the forwarding fim in New York to accepted by the plaintiff. This through bill of defendants, their agepts in Hangkong., 1 find Iding contained a notice that application for that the total amuust to be collected is $40.44 delivery must be made to the China Express (gold). This total is made up of four items, Company, Hongkong. On 20th August, the three of which speak for themselves ocean defendants, the Chica Express Company, re-freight, inland freight, and cartage. The fourth this, ceived a bill of lading comprising these and item in one of $1.50 for forwarding. other goods signed by the New York agents for 1 suppose, represents the office expenses and the U.S. and China-Japan Steamship line, and commission charged by the New York for endorsed in blank by A. H. Post and Company, warders." Now, this amount the plaintiff was They also received from A. H. Post and Comperfectly willing to pay and did in fact tender pany a slip.giving the amount of freight to be to the defendants: He says, however, that his collected, and instructing them that consignee ability must be limited to this amount and he was to pay all charges. The word "consignes" objects to being charged anything further by here evidently indicates the ultimate consignee the defendants, with whom, as he rightly says, m. Baker and Co-who are described as he has no contract, and to whom he had pre- Both Prince Ching and Yuanch on the face of this paper. On receipt of viously given notice that he wished to have these documents the defendant company sent to nothing to do with them. Now, the vendors Shih-kai agreed with the schema. :

the plaintiff an invoice claiming $17.50 for their might, I suppose, have put the goods on board Viceroy Yang will, therefore, mé- charges in addition in the sum due to Past for themselves, charging the plaintiffs their costs morialize the Throne in the sense of freight. Now it appears that the plaintiff had of so doing as part of the price and draws on his proposal outlined to the Grand previously notified the defendant company that him for that amount. They would then have sent be would pay no charges to them and that he him the ship's bill of lading direct and he would Councillors..

desired them not to handle any goods which have been given delivery on payment of the might arrive consigned to him. He returned u a invoice mating that he had already desired ocean freight. They have not done so, and apparently for several reasons. It would have ile defendant company not to handle his goods been necessary themselves to arrange and pay and he refused to pay the defendants' charges. for the inland freight and cartage. Very possibly He then received from the defendants another they did not care to undertake business of this invoice claiming $12.50 for charges, and a sort; it is quite probable thit they have not the letter of advice with an endorsement asking necessary staff. Then again it appears that

The eighth section of the Canton-Bankow if he refused the targo and stating that they had several parcels of goods for Chins Railway trunk, live from Kwan Tin to Ngau special tasding could not be arranged un- and it is suggested that by shipping them all China, a distance of gearly gine miles, has less the agents had previous notice. Som under one bill of lading they might effect is EP been completed and was opened for traffic on corresponde ce fallowed and finally the plain precibble saving of freight. The arrangement

went to the office of the defendant they made was not on unreasonable one and the 15th instant; the total length of the road company and tendered the amount of freight one, I most hold, they had the implied authority now in working order from Wongaba is 34 miles.

A BENEVOLENT PRISONER, claimed by Pori, but defendants refused to of plaintiff to ffect it on his behalf. It comes

Tsui Kwai, a prisoner in the Namboi gaol, accept it or to give a delivery order unless them to this-hat plaintiff has a contract with who was greatly moved by the distress of the their charges were also paid. On August 26th

ARMY AND NAVY COLLEGE

PROPOSED ESTABLISHMENT, ?

[By courtesy of the Sheung Fo.”]`

Peking, 17th September. The Ministry of War has decided to establish a college' in Peking for the purpose of training cadets for the prospective reorganized Navy, and Army.

CONSTITUTIONAL GOVERNMENT. PUBLICATION OF THE IMPERIAL

DECREE.

4

·

·

The collection of Likio dues during the 8th moon in Casten was 11,612.6.7.5 taels for the rst ten days and $8,972.5-3.8 for ibe zo lan days as reported by the Likin officials.

FOREIGN COMMISSIONER, Ponding the arrival pt Täotai Im Ku, Tłotei Wel Has will be in charge of the Canton Bereau of Foreign Affairs attached to the Viceroy's yamen in place of Taotai Wen Tsung Yao who is about to leave here for Lhassa to take up his new appointment as Imperial Assistant Resident Minister.

- CANTON HANKOW RAILWAY.A

per week.

CALL AND HEAR

OUR

PUBLIC AUCTION. LATEST

THE Undersigned have received instructions from The Registrar, Supreme Court,

to sell by.

PUBLIC AUCTION,"

TO-MORROW (SATURDAY),

RECORDS,

19th September, 1908, at Noon, opposite IMPROVED

No. 1, Police Station, Wanchai, ONE MOTOR LAUNCH TERMS:-As usual.

[850

HUGHES & HOUGE, -

Government Auctioneers: Hongkong, 18th September, 1908, DOUGLAS STEAMSHIP COMPANY, LIMITED. FOR SWATOW, AMOY AND FOOCHOW. THE Company's Steamship

HAICHING! Captain Passmore, will be despatched for the above Ports; on TUESDAY, the zand inst, at

2 o'clock г.M.

A Redaction of 20% on First Class Fares to Foochow will be made during the Mooth of September.

For Freight or Passage, apply to

- DOUGLAS LAPRAIK & Co.,

General Managers.

(85) Hongkong, 18th September, 1908,

ANTI-OPIUM CRUSADE.

* KEEN RIVALRY AMONGST THE SHIPPERS

IN BOMBAY.

The China mail steamer Devania' sailed from Bombay, on August 18, with 3,024 chests of Malva opiums, representing the aggregate value of some rupees 399,000, in our figul

This parcel completes the permissible

maximum for this calendar year's export of Malwa opium from India, which, for the first

time in the annale of the Malwa trade, has thus been restricted by Government having allotted 15,100 chests as this year's share. For

[defend tats 'removed the goods from the Kow. Post and Company of New York to carry his ufferers by the recent disastrous flood in the the next year's export the quantity fixed is 150

way

All

BIRTHDAY OF CONFUCIUS. 2 The 27th day of this mon being the an- niversary of the birth of Confucius, the Cantes Self-Government Society has convened a general mesting for the 17th-instant for the purpose of making arrangements to celebrate the birthday of the'ancient saga. 120000 NEW KWÀKOCH"W-PREFECT,

chests, according to the policy to which the Indian Government are committed.

loon Godowns to their own premises in Hong. Beds for him to, for toes, an exprise sum riverine districts, contributed to the relief fund kong, and defendants! manager, Mr. Hiçkie being stipulated, for they are entitled to

APPRECIATION IN PRICES. - explains that he did this for convenience as he charge him a reasonable sum and they have amount of money, a tr fling sum it is true, lien on the goods for that amount. Are Post but his file all he could manage to save from

Owing to advices coming from China of Sigur [By courtesy of the Sheung Po."]

moving other goods. which had come under the same bill of lading and it was cheaper and Company limited to the sum of $40.44 the mess allowance he received in the prison.

He also sent twenty bundles of cotton cloth of of an expected improvement in the Malwa trade, Peking, 17th September.

to move them together. Finally, as defer.dants Go'd mentioned in their memo? The minager

bis own' make during his stay in the there were shipments from India which would industrial fostitution as a gift to the Canton ba temporarily stopped on the quantity fixed Their Majesties the Emperor and would not give a delivery order in return, for of the defendant company points out that by the

Flood Fund Bazar for, cale. Such benern for this year being exported well before the Empress Dowager personally in the freight except on. payment of their memo. he is instructed that consignee (which charges of $12 50 Bs 10 $ their agency

clearly means the defendants, the consignee lent act op the part of a prisoner as that of..end of the year. All merchants baye exerted structed the Grand Councillors to charges, and as to $7.50 the cost of bringing of the through bill of lading) is to pay cause to be printed several tens of the goods, over from Kowloon, the plaintif charges at Hongkong. He further states that Taei's was highly appreciated by the Central themselves to despatch early as much opium as thousands of copies of the Imperial brought this scrion for the delivery up of the he has to remit in full to his people in New Relief Committee and the latter have now possible before the maximum quantity permit. their appreciation of his beaevolence. On tion of the total allowed for this year's 'export, Decree of the 1st day of the eighth goods or their value and lie tiks for the ex York the sum collected for their account and presented him with an address in token ofted was reached, and hence the early comple moon [relating to the institution of penses of transferring them back to Kowloon that the course of business is for bisa to re-

where he required them. Now, this being an cover his charges from the cousigsee here. inquiry it was ascertained that Trui was a Great was the excitement and scramble for constitutional government).

Their Majesties further command.action of detinue the first question to consider Obviously he is entitled to be paid for his Chinese scholar and ho had been studying in opium amongst shippers, each trying to spod ed that these prints aliould be widely goods he claims and a right to possession.

is whether the plaintiff has the property in the trouble and if he is not entitled is recover here Japan for some time, and is a young man of forward as much as he could, thus forcing up the very enlightened views. He was put to prises prices fully to per cent. by each striving to harry he has a claim against his New York people, during the administration of ex-Vicaroy Chow his parcel abrough the Customs before other "shipments" ware completed of the remaining- airculated and posted, up in con- If the property has not passed to him he can. Obviously again Post and Company are eo- Fu in Canton.

portion yet unshipped: From that date antil spicuous places throughout the Pro-no, of course, claim the goods themselves, titled to debit the consignes with the Hong-

January 13, 1959, when the first China mail is vinces, to appease the minds, of the though if they are winingfully withheld he may kong charges, if these are reasonably incurred, bave an action on the contract for damages 5 f their local agent hand over the goods

fixed to, sail, there will be no more exports of Malwa opium from this port. 'populace on the subject."

against his vendor. It was urged for the defend-on which they have a lion without recovering ant that the property had never passed to the the amount due, the local agent has failed in his duty and the principals might refuse to plaintiff; that the Chipa Express Company, as consignees of the bill of lading, had the ju recognise any claim against themselves. disponendi vested in them, and furthermore that where a bilf Jnding is taken to the vendor'a order it is degisive of his intention to sler-ressive the jus disponin ff and prevent the pro peny passing to the vendes. I think that I can dispose very shortly ef'this argumest. The question of the passing of property has to be

Post and Company had doubled their forward- decided, on the whole facts of the case and 1 have no doubt whatever that when the vendor irg charge in New York, making it five dollari delivered the goods to the forwarding agent gold inntend of $3.50 gold and informed (be. and sent a through. bill of lading endorsed in China Express Company that they were to re- blank to the plaintiff the property in the tain their charges out of the smount collected The Hague Conference. goods then passed to the vendee by the do not suppose that plaintiff,would have made Holland, at the request of Germany and election of the vendor. As to the bill of any complaint. It can make no difference that Italy, has invited the Powers represented at lading for carrings by sea it was a contract

Pastand Company have left it to their agentbers the Second Hague Conference to participate between ibs forwarding agent and the cassiers to make a reasonable charge here and retale is in a further international conference at the and its endorsement to the defendant company

for bis own rembeeration. Now, the defendeous Hague, probably in 1909, for the elaboration of a draft, univerzal treaty for the international did no me than transfer to them the rights, claim that plaintiff has to pay them 411.50, bol of course right in property, possessed by being as to 55 their charges and commission regulation of exchange.

and as to 37.50 expenses of removal from Kow the forwarding agent. Again it was argued The Governorship of New York. for defendants that plaintiff could not bring loop. The charge of $5 seems to me reason President Roosevelt has secured the Sara- this action without bringing into Court the able and one they are entitled to make togo Convention's re-nomination of Mr, amount admitted to be due for freight, The As to the $7.50 I think it is different. Hughes as governor of New York State whom reply is, I think, that if defendabis wrongfully. They have been previously wamed by plaintiff Fowler, H. L. Manderson, Lt. L, C. Larmont, the Republican bosses opposed on account refused delivery of the goods they were guilty not to handle his goods. There was so vald - xa., Matus, R. C. Witchell, E. H. Hinds and of his antligambling and corruption policy. I of conversion and became from that moment: resion to remore, goods which might have C, E, Balaldu,

The Glasgow Unemployed.

LONDON, 16th September. At a meeting of Glasgow citizens presided over by the l'aid Provost a relief fund for the unemployed was opened, £3,600 ling being immediately subscribed.

Lotteries in England. The Parliamentary Committee on lotteries recommends that it be made illegal for news papers to charge entrance fees for their com Belitions,

Later,

it seems to me that Post pod. Comp iný are not limited to the amount of $10,44 gold, but are enti led to charge the consignee any sum not unreasonably incursed in the performance of their contract. For this sum they and their ageot in Hoogsong would have a lien on the goods against the consignes. If, for instance,

The newly appointed. Kwangchow Prefect, Ko Kan Cheung, Arived 'here this morning from Macao op board the gunboat Kwong Yw. He will take up his temporary re- sideuce in Wai Pin Street until taking over charge of his new post.

HONGKONG cricket CLUB

. EXCESSES IN REVENUE A correspondent of the Times of India, writing on the subject of opium, mates that jadging by the proceeds of the monthly Bengal opium sales at Calcutta, the policy of restriction to which the Government of India have com- mitted themselves, has not, so far, shown the expected reduction in the opium revenue, for the returns for the current official 'your to date indicates an excess of rupees 4,300,000, over rapeer the estimate, and for the past month 500,0:0 more than the estimsta,

The writer explains that while the actual to. The following teams will ment in a match striction for the period in question consists, of on the Club's ground to-morrow afternoon, a reduction of 100 chests in the quantity of commencing 2 p.:-Mr. R. Hancock's Bengal opina monthly offered for sale at. Cal- tesen-Messrs, R. Hancock (Capt.), AE. catts, as a result of the declaration to sell threa Landing, L. E, J. H. Houghton, 105th Mah. hundred chosts a mouth less from January Masara. R. E. Q. Bird, W. Edwarde, W. C. D. | next, sellars here, in sympathy with the im- Turner, R. O. Hutchison, A. W. J. Peake, H. R. Makin, Lt. G. R. Home, 3rd Mid; Regt, La. R.S. Lucy, R., and Capt. H. M. Beasley, R., Mr. Pearce's team-Messrs. T. E Pearce (Capt.), A. A. Claxton, H. Hancock, Capt. Garnett, K. Mens, E. W. Day, E. B. Reed, Corp. Gooding, 3rd Mid, Rogh, Messrs. E. A

MACHINES

AND THE

¡MARVELLOUS AUXETOPHONE.

THE

ROBINSON

PIANO

Hongkong, 22nd August, 1908

CO LTD

KOWLOON HOTEL

ESTABLISHED 1899

ENTRANCE

CHATER ROAD (Kowloon),

THE ONLY FIRST CLASS

ESTABLISHMENT in the: PENINSULA.

FACING HONGKONG'S BEAUTIFUL HARBOUR.

ELECTRIC LIGHTS ANd fans

THROUGHOUT.

PRIVATE BAR,

BILLIARDS and

READING ROOM.-

ENTIRELY UNDER NEW MANAGEMENT.

SURROUNDED BY

ELIGHTFUL.

GARDENS

STRING BAND

PLAYS DURING AND AFTER

ON

SATURDAYS.

PEOPLE.

provement, bays been getting much more than SPECIAL TERMS TO ARMY AND NAVY their estimate rates for their opium at monthly sales and this profil very much more than covers even the value of the too chests reduced in the quantity offered monthly for sale, while about rupees 622,000 would represent the Value of the reduction, the excess dus to better prices realised has been rupeas 4,300,000, and hence these large excesses in this year's opium ferenus up to date,

For Further Particulars, apply

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