1909-06-28 — Page 5

Telegrams.

'HONGKONG TELEGRAPH”

SERVICE.

SHENSI VICEROYALTY.

SING YAN'S RESIGNATION.

[By courtesy of the "Sheung Po"]

Peking, 27th June.

Upon accepting Sing Tan's re- signation as Viceroy of Shensi and Kansu, the Prince Regent offered the Appointment to Li Tin-lam, who was until recently acting President of the Ministry of Posts and Communica

tions...

Li declined the Viceroyalty which was then given to Choung Kang

VIOLATION OF PRESS LAWS,

DRASTIC PUNISHMENTS.

..

[By courtesy of the "Sheung_Pa"}, Peking, 27th June,

In a memorial to the Throne, the Ministry of Justice has pointed out that the editor of the offending verna cular newspaper, Tong Karsing must serve ten years in prison owing to the serious nature of his offence.

MONEY FOR CHINA,"

A BRITISH OFFER,'

[By courtesy of the “Sheung Po

"

Peking, 27th Juno.

THE HONGKONG, TE

THE YARN DISPUTE.

INTERESTING APPIAL AT THI SUPREME COURT,

In the Supreme Court this morning, before the Fall Court, consisting of the Cblat justice (Sir Francis Piggott) and the Pulsna Judge, on application was heard for leave to appeal sgainst the decising” of the Chief Justice in the action.. brought by Mesa S. J. David and Co. against their late com pradore (Mr. Chau Ut Chiu) to recover the sum $649,816.67 and interest at the rate of 18 per cenium per annum from the date this writ waAY issued and until payment or judgment. This large claim was alleged to have arisen in con- nection with dealings in cotton yarn, for which, the platffs alleged, the compradors, was liable. The defendant catered a counter-claim to recover the sum of $55,000, alleged to have been deposited with them. This was denied.

Mr. Duncan McNeill, a Shanghai barrister, with whom way-Mr. C. J. Alabaster, instructed by Massrs. A. Glackson and H. J. Gedge of Messrs, Jobson, Stokes and Master) appeared on behalf of the appellants. Sir Henry Barke ley, K.C., Assisted by Mr. M. W. Slade, instruct ed by Mr. J. Scott Harsion (of Mesars. Ewens and Harsion) represented the respondent.

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EDUCATION IN THE STRAITS,

ANNUAL REPORTH OF DIRECTOR AND INSPECTORS,

At the Singapore Legislative Council meet lug, there was laid on the table the annual report on education in the Straits Settlements for the year 1998. From it we make the following excerpts se

The total amount spout by the Department in 1908 was :-Singapore $188,203.97, Malacca 576,128.18, and Perang S144,904:29, a total of $409,233-44.

יי

TRE BIP

NGBAND

"CHIEF JUSTICE'S JUDGMENT.-M

The Chief Justice delivered judgment this morning in the case in which an appeal was brought befor the Full Court, by the Hip Oa Exchange and, Loan Loan Co. Ld., and the Hongkong and Manila" Yuan Shing Exchange and Trading Co., Ld. (appellants) Li Po Yang belog respondent.

The appeal was brought for the ravartion of a judgment delivered by the Chief Justice in an original action in so far ás it directed :-(1) Tåst the sale by`the appel-

This is $31,394.87 in excess of the amount. spent in 1997, $176,840.57. But from tbis amount has to be deducted. $2,198.13 relate to Kwok Yik Ting of certain property, the ceived from the Federated Malay States subject of a counterclaim, be set aside, and that government for their students at the Malay College, and $50,513.47 received from school fees and sale of books and manufactures, or

rather (as 20 per cent has to be deducted from

the latter som for military contribution) the actual receipts by Government in fees, elc, may be reckoned as $40,410.78. This makes the bett cast of education to Government in 1908 $366,526.53. Of this, however, 'over $32,000 was special exproditure for building grants to aided schools in Penang.

ATTENDANCE.

The average percentage of attendance at all schools was 87. In 1997 it was 85,7 and in 1906 84. The enrolment at all English schools was - 1,313, boys 9,219, girls 2,004,The enrolment shows an increase, over 1997, of 383 boys and 137 girls, and the attendance un increase of 480 boys and 116 girls. The percentage of attend- ance was 92 for boys and Eg for girls. The enrol 1907 to 10,786 in 1958 and the attendance from 8,389 in 1907 10 8,986 in 1998. The percentage of attendance was 83'3 as compared with 817 in 1997. In Malay girls' schools the enrolment and attendance were 1,038 and 818 in 1908 as against 877 and 675 in 1907, and the percentage of attendance rose from 77 in 1997 to 798 in 1908.

the consequent entries be made to the Land

Office Register; (3) That the appellants' claim,

as plaintiffs in the action, be dismissed as against the respondent Ll Pd Yung with costs;. and (3) That the appellants and Kwok Yik Ting (the defendant to the counter claim) pay to Li Po Yang hin coats of the counter claim,

Hon. Mr. H. E. Pollock, C., now away from the Colony, instructed by Mr. H. L. Denny (of Messi. Dennys and Bowley) originally appeared for the Hip On and Yuen Shing Companies. Sir Henry' Berkeley, K.C., instructed by Mr. R. D.. Atkinson (of Messrs. Deacon, Looker and Deacon, represented Kwok Yik Ting... - Messrs M. W. Slade and E. Polter, instructed by Mr. F. Pagal Hett, (of Messrs. Bracton and Helt), appeared for Li ro Yoog.

to the course of a lengthy judgment the Chief Justice said—1 shall noi dwell on the

Mr. McNeill said that, this was an appeal from the judgment of the Chief Justice delivered oD the 23rd December" last. | The action arose on the following cir. cumstances. Messis. S. J. David & Co. were claiming against their compiadore a sum of $648,816 odd which plaintiffs said he had agreed to pay them in respect of certain losses incurred in the course of iba plaintiff Comment al Malay boys' schools rose from 10,165 ipfacts of the case at any length, for I find that pany's dealings with Chinese customers. Coun- sel drew the attention of the Court to a certain paragraph of the pleadings and then proceed d-to read the particular passage to the Court, The argument alleged in the statement of claim was defined as being constructed upon the sense of a certain document dated the 27th January, 1956. Defendant denied that any such agreement was entered into as set up in the statement of claim and

also.denied that the document bore such as agreement. - At the time of the bearing of the case, Counsel for the plaintiffs produced two, documents, called ons witness to prove the fosses and to show bow, they were made up. Rebulting evidence had been used and Coup A representative of British finansal for the defendant-had-tested his client's ciers hasarrived in China and has offer- cac cathely on the construction of various ed to the Chinese Government a sum of fifty million dollars] without secü. rity bat at a special rate of interest. Nothing definite has so far resulted from the offer.

· SCRAMBLE FOR LOANS.

AMERICAN INTERESTS.

[By courtesy of the "Sheung Pr."]

Peking, 27th June, American representatives have re peatedly called on Chang Chih-tung urging their desire to participate in China loans.

CANTON-HANKOW RAILWAY...

JAPANESE SUPPLIES.

[By courtesy of the "Sheung "Po"]

Peking, 27th June. A communication has been received by the Waiwapu from Japan to the

documents:

Sir Henry Berkeley-I did not abandon the right to call witnesses,

Mr. McNeill agreed on the point. After funher arguments, Counsel proceeded to say that the Chief Justice gave judgment in favour of the defendant and it was from that judgment that the present appeal was being brought. Counsel read to the Court some material passages. Couarel said it was im possible for the Court to understand the docu- ments, or the arguments based upon them otherwise:

"

Counsel cited authorities at length and argu- ment for the appellants was still proceeding when the Court adjourned till 10 30 to-morrow.

THE ADMIRALTY LETTERS. With reference to the recent allegafinns of agitation in the Navy the N. C. D. News has received the following communication from the Commander-in-Chief of the China Squadron

King Afred at Weihaiwei,

June 20, 1900.

To the Editor of the

NORTH CHINA-DAILY NEWS."

Sir,--The bonour of the Admiral approved by the King to command the British Fleet in the China Seas cannot be a matter of indiffer cuce to His Most Gracious Majesty's loyal sub. jects residing in the Far East, therefore I trust you will be able to find space to publish the subjoined Memorandum which I have felt it my duty to issue.

Your obedient servant,

►

In all vernacular schools there were 11,935 children in enrolment and 9,901 in attendance, The average cost to Government of each pupit attending any school under the supervision of the Education Department was $18,11.

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my opinion of them has not varied since I heard the case; reflection has indeed only strengthened it. I shall for the sake of brevity only refer to one plaintiff, the Hip On, and to its manager, Tam Tar Kong. The case of the other plaintiff company, the Yuen Oc, and of its manager, Ng Li Hing, is practically ́id- entical. have called the transaction be tweeḥ Kwok Yik Ting’and bis friends, among whom was Tam Tiz Kong in his capa city as manager of the Hip Oo, the plaintiff company, bogus, and the syndicate 'arrange- ment mère fudge' I will endeavour to put this into more definite shape which will serve as a summary of my opinion of the case. Kwok and Tam thought they saw' a “good

13 but it was

a good thing which not-to-be-had without some pay MEDE. The thought they could raise $60,000 between them and their friends,

Steady improvement was shown by the lead- ing English school ip all the settlements. The local teachers have of late shown a greas advance. This is partly due to the normal thing' classes and partly to the improved rates of pay--was

4

which local teachers can now command.

Under the new education cade surprise visits a great extent take the place of the annual inspection and only standards Vil and IV are individually examined by the inspecting officer. In the standard Vil examination in Novou ber, the same papers were set for all shools in the colony and Federated Malay Stator, and instruction were given with a view to securing as far as possible that the same standard should be everywhere required for a pass.

On the whole the schools of the colony did considerably betteria this test than those of the Federated Malay States. The Singapore schools did better than those of the other Sattlements.

In some respects the standard VII "exami nation was on new lines. I hope to see a Standard VII certificate a real guarantes of a fair working knowldge of English. I fear that in the past it has not always been so.

A very satisfactory festire in most schools "was the continued improvement in the teach- ing of the infants and the small children in the

lower classes,

NORMAL. CLASSES.

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this was the extent to which they would go in cash, the mortgage would produce the rest for payment of the existing-mortgages, for pur- chass of the property and to provide a building fund. The plan of itself leant strongly towards undervaluation, but on the other band it bad

1

...to deal' with a sufficiently large fund to leave a liability on the mortgagor to the Hip On which was not apparently beyond his means. "That' it "way" all-woiked out very cleverly is shown from the fact that they brought the amount paid to within St0,000 of what I call the true value. It is the usual case; so come mon in cases which come before this court, of an attempt to build mountains out of the materials of mote-hills, to make a little of what is do the work of much popularly koowo, as the "inverted pyramid." to this case the apex was $50,000 in cash and it is true that it was sufficiently substantial to have kept the pyramid is unstable equilibrium for some time, but the fact that this substantial 1um formed the apex of the pyramid cannot lavest the other main fact with a virtue it does not possess. And the fact is that Tam Tez Kong, the member of the purchasing syndicate, was the manager of the Hip Os, and directly the question of a "good thing" of not giving the proper value for the syndicate's own pur poses cropped up, the conflict of interest and duty arose and the burden of upholding the besa fides of the sale was shifted on to him— that is to say, on him as mabager of the Hip On. So I adhere to my view that the sale must be set aside. Looking at the ques tion on principle the connection between setting aside a sale and compulsory redemption is very difficult to follow. The mortgage has two rights, a power of sale, or foreclosure, re- demption is the relief which Equity gives to stay the exercises of what would otherwise be an indefensible Commqa' Law right. It is to pre- vent the absoluta forfeiture of the estate for breach of the condition, Equity deeming it in. reasonable' that the mortgagor should retain for his own benefit what was intended for a mere security. Why then, should the nort gagor be compelled to redeem merely because the mortgages has exercised his power of sale wrongfully, and in such a way as to compel the Mr. Bartlett's report mentions that the total court to set it aside? The result would be that expenditure on education in 1958 in Singapore, a wrongful exercise of the power of sale would excluding all expenses in connection with"the | be equivalent to foreclosure, and if redemption office of director of education, was $161,11963. were made the condition of setting aside The total in Malacca'was $76,128.18, making a this sale, it would treat this action for

The classes for teachers to Singapore and Penang continue to do excellent work, and were well attended. Nine students in Singapore and seven in Penang passed the first year course. Forty-nine in Singapore and 45 ib Penang joined as first year students but these pumbers have since been considerably reduced. The first year class in each Settlement is still however, farge. The principals of both govern- ment and sided schools have fully recoguised the benefit conferred by these classes, and have put pressure on their teachers to induce them to join. The cost to Government is likely to be high for a year or two, chiefly far bogases to have the honour to draw teachers who quality, When all older tea the attention of Captains, Officers and Ships chers have been through the course, only Companies to the following question-and-persoos newly taking up teaching will join, As so many representatives of va- answer in the House of Commons on May 10, and the cost will diminish. rious Powers have evinced a desire to which enabled the Admiralty to accede prompt. participate in the loans, Chang Chih-sly, and bonourably to my telegraphic request, of May 7 that my honour should be tung is rather perplexed and is at a publicly vindicated:-- loss how to act.

effect that certain Japanese financiers have formed a powerful syndicate to supply the Canton-Hankow Railway with materiale,

THE INFANT EMPEROR.

STUDIES NOT TO BE INTERRUPTED,

[By courtesy of the" Sheung Pa."]

Peking, 27th June, The Grand Councillors liave asked that, in view of the excessive heat no lessons should be set for the Infant Emperor.

The Prince Regent would not coun tenance the suggestion.

VIOEROY OF CHIHLİ,

IN EXTREMIS.

[By courtesy of the "Sheung Pa."]

Peking, 72th June, Viceroy Yang Shih-chang is not ter and is still unable to speak.

Later,

Viceroy

is in extremts,

's Beal has been taken avar by the Treasurer,

Memorandum

HEDWORTH LAMUTON, Ring Alfred at Weihaiwei, June 19, 1909.

"Mr. Brooke (L, Tower Hamleta, Bow and Bromley) asked the First Lord of the Admiralty whether, having regard to the statements al leged to have been quoted from a private letter of three years ago to the First Sea Loid, the Admiralty have ever regarded Vice Admiral Sir Bedworth Lambton as an agitator in the Naval Serviça,"

"Mr." McKenna replied that the Admiralty have never regarded Admiral Lambton as an agitator. His record is most distinguished, and the high appreciation in which his services, both in peace and war, have been held by suc cesiva Boards is shown by his rapid advance ment and long succession of important appoint-. meats.. No statement in the private letter be seasonably interpreted as an allegation that Admiral Lambton was an agitator."

The Times newspaper reported Sir George Armstrong's speech concerning Captain Ba cos's letter to Sir Joho Fisher containing the offensive phraie l'objected to, vir:-"Service agitation headed by Lord Charles Batesford and Admiral Lambtop" and also published Mr. McKenna's explanations in the House of Commons the subjeci, bat for reasons best known to itself, although the matter is of great-

The tutors of these classes, Rafil : masters in Singapore and masters of the aided schools

in Penang, have devoted a great deal of time and trouble to the instruction of the normal classes and the thanks of every one interested in education are due to them, in Singapore in particular to Mr. Haigh, and in Penang to Mr. Mann, as the heaviest work has fallen on these gentlemen.

grand total of 5:14.447.80. The total receipts the recovery of the balance of the in Singapore were 543,880 and in Malacca were losu as a foreclosure action which it is 5583, making a grand total of $49,731, and not, and the plaintif and the defendant as showing an excess of expenditure over receipts mortgages and mortagagor which they have all along been mbs) stronnously contending they are mounting to $193,036.55.

col. The effect of the judgment I gave is that that revives, and with il the ordinary rights and obligations incident to a mortgage. I maintain my opinion that in this case redemption should

Mr. Pringle's report for Penang states that the total expenditure of the department was $143.574.94 or compared with Sic6,013,97, but of the amount spent during the year the sum

of $32,435.57 was for special grants to grant-in not be made the condition of setting aside the aid schools for extension of buildings and play-sale. The result is that the sale is set aside grounds. The increase in ordinary expenditure simply, which entails the following con- ever the expenditure of the previous year was sequences-First, that the relation of mort. 55,119 49.

gagor and imortgagen between Li Po Yang and, the Hip On is restored each with his normal

To-day's Advertisements.

THEATRE

CITY HALL.

ROYAL.

SATURDAY NIGHT, 3rd prox,

GRAND BOXING

Exhibition.

CHINESE EUROPEANS,

EIGHT ROUNDS. "Kung-foo". (CHINESE) · STYLE.

A NOVEL ENTERTAINMENT,

ADMISSION PRICES:. Ring 130/3190078038194............... $3. Dress Circle and Stalls mistan

Doors open at 7 P.M. Commencing at 8 P.M.

Box Plans at Messrs. SINCERE COM.

(509

PANY, Des Voux Road.

+

Hồngkung, 28th June, 1909,

THE BANK LINE, LIMITED.

NOTICE TO CONSIGNEES. ·

STEAMSHIP OCEANO." FROM MANILA.

THE above Steamer bringing on the cargo.

N

shipped per

Steamship "GYMERIC " from SEATTLE, TACOMA, VICTORIA, VANCOUVER, YOKOHAMA, KOBE and MOJI, having arrived, Consignees of Cargo are hereby requested to send in their Bills of Lading by the latter steamer for countersigna ture and to take immediate delivery of their Goods from alongside the Steamship "Oceano."

will be landed and stored at Consignces' risk Cargo impeding the discharge of the Vessel and expense.

No Fire Insurance will be effected by us in any case whatever.

DODWELL & CO., LIMITED, Agenta. Hongkong, 28th June, 1909.

Intimations.

THE

DAIRY FARM Co.,

LIMITED.

Fine Salted Australian

PIGS TROTTERS.

96 Cents a Dozen.

Hongkong, 24th June, 1909..

ASAHI BEER.

[10

-SAPPORO-BEER,

and is irrelevant to the present-action-The- same remarks apply to the mortgage, to the

Hongkong Fire. I am quite satisfied after the very exhaustive arguments that were addressed to the court on the point, that my previous raling its effect on Li Po Yong was erroneous on the matter of the release of Li Po Kam and

and must be reversed. His Lordship con.

cluded:-The appeals of the plaintiffs and of Kwok Yik Ting are both dismissed with costs, and the appeal of Li Po Yung is allowed with costs.

Mr. Justice Gomperts in the course of his judgment sald:-It follows that in my view the sale should only be set aside on certain terms. It would no doubt be convenient to settle the decree in Chambers but I think the proper order might be outlined as follows:- (1) An account to be taken of what is, dua under the mortgage for principle and interest. (2) An inquiry as to what allowance Kwok Yik Ting should have for improvements which have increased the value of the property. (3) Li Po Yung to be credited with an occupation rent of the annual value of the unimproved land, as from the date of the sale.

CANTON DAY BY DAY,

THE DELIMITATION OF MACAO.

[From Our Own Correspondent.]

Canton, 26th June. As the Portuguese Delimitation Commit. ioner, General Joachim Machado, has arrived, with whom negotiations are expected to be conducted very shonly by H.E. Ko Yu Him, Chinese Special Commissioner, the Canton Society for the Protaction of Boundry Rights has now convened a public meeting to be bold on the 17th instant at the leading assembly hall (Ming Luen Toog) for the purpose of providing all, possible information to H.E. Ko preparatory to the proceedings in connection with the vexed question.

THE OPIUM QUESTION, Two days ago, upon information received that a number of opium data were open in Lan Shek, the Namboi Magistrate sent a deputy to the locality to seal up seven of these establish.. menta

SHOP CLOSED.

OBTAINABLE EVERYWHERE.

MITSUI BUSSAN KAISHA, Sole Agents,

THE

LOAN AND MORTGAGE CO., LD.

CHINA PROVIDENT

{CAPITAL PAID UP $1,250,000)

Loan on Mortgage of House Property, &c. Goods received on Storage. Advances mada or Merchandise. Loany made ru the Provident System;"

(katos and Particulars an application).

THE OFFICE OF TRUSTEE, EXECUTOR OF WILLS,

ATTORNEY, &c.; Undertaken and Exsented.

SHEWAN, TOMES & 00.

General Massgate.

Bangkang ror March, ront

KAK

PE Yesterday, the, Chua Lee shop in Sha Kee- Street'was discovered to have, allowed a num› ber of people to smoke on their promises and was therefore ordered by the local 'officials to be closed.

RUMOURED MURDER OF FOREIGNERS. A rumour from the district of Trang Bhing states that, on the 19th instant, through some uokoown reason, two foreigners (nationality not mentioned) were killed by the ignorant, Datīvos of the Ma Che village, and the district magis trats proceeded to the scene on the following day to investigate the matter and to make an juquest on the dead bodies. So far the rampar has not been confirmed, and it in not certain whether the occurrence is true, as no official report has been received by the Canton officials,

SOLDIERS DROWNED.

On the 23rd instaut a guard boat when on her way to Yuet Shing, to Shin Hing, from Fatshan," was "capsized, when passing" the vicinity of Wing On. To the accident three of the soldiers-on board the guard_best_wore drowned. The officer in charge of the boat was fortunately saved by a fisherman.

interest to all those who cherish respect for Mr. Clark, head of the Malay College, states the time honoured traditions of the Navy, has that the total expenditure for the year was rights, Secondly, that the question which omitted the above vindication of myself by the from Colony's vote $1,050.80, from Federated Kwok Yik Ting has raised which is to com. Admiralty,

Malty States contribution $2.798.13, fram Public | pensate him for the improvements which he This unfortunate omission on the part of The Times, to which joursal many people rat Works Department votes $807,58, and from has made and the expenditure he has for their Parliamentary Intelligence, neces salaries (inclusive of supervision of vernacular incurred in creating buildings on the pro- sitates my issuing this Memorandum, which is schools) $5,450.05, a total of $12,106.54~perty, must be answered in the following to remain on the notice boards of sich vessel | Straits Times.

way, "It does not concern LI. Po Yong, at in the China Fleet for the week after receipt on

least at present. The mortgages and Kwok On the 2nd day of this mono a passenger board.

PROMINENT Tokio financiers are organizing a Yik Ting bays chosen to enter into a sale junk coming to Canton from San Wit was syndicata lo supply materials for the proposed which has to be set aside, he and his par- | held up by pirates at a place near. Pak Min, railways between Canton, Hankow and Sto chaser must arrange malters between them as and a quantity of articles and goods to the chuap, and to quilat in the work of construction, I baut they can,... Thinquestion is not before us, value of some 83,000 was carried awaye

#HEDWORTHI LAMBTON, Vice-Admiral and Commander-in-Chief,

To the Commodore, the respective Captains,

and all concerned on the Chinin Station,

PIRACY,

1,00

TRAMWAYS, COMPANY,

... LIMITED.

TIME TABLE

WEEK DAYS.

7.10 1.1, 10 30,00 am. ...kvory to minstea 10,00 8,3, 10 1100 KURMĒTary 15 mínútur.

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·ovary kalí konz, TON SUNDAYS' L.com. to, co a.m. .....Every 15 minutna 9.00 am to 9.30 a.m. „divary 30 minutes, 9:30 a.m. to 10.30 am. „Avery ï5 minutas. 10,30 am, to 11,00 6.m, ... Every jo mlentes, 1.45 Bro, to 18,00 noon...Evary is minsta 12.00 Noon to 1.00 pm. Every 10 minutes. 1:00 p.m. to: 5,00 pm. Every tŷ minuta.

· 5.00 p.m. ta` 6,00 p.m....._yscy zo minuter, doop.mito. 7,00 μ.0% „Every 15 minatra, 7:00 pm to 8.00 9.9%. Every 10ʻviluntas

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