328
Lost Cargo.
MARINE INSURANCE CLAIM.
THE CHIRY JUSTICE'S DECISION. His Lordship the Chief Justice (Sir Francis Piggott) delivered his reserved.decifion in the
THE HONGKONG TELEGRAPH FRIDAY SEPTEMBER 3 1909.
PRESENTATIÓN TO DR. HARSTON.
AT THE TUNG WA HOSPITAL,
Supreme Court, last Monday afternoon, la the into his own during the night, and took them embroiderad silk. from the Directors of the and 'farious bouts as the sporting Whittaker had'
dor
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lighters which might perhaps not be well-fitted for dangerous or unusually risky operations, as the landing to that case seems to have been. In Strong. Naially no ordinary, lighterman was employed; but the underwriters wern hald discharged not because the consignes had blred a lighter, bat because be had "dispensed with the obligation of the lighterman to take charge of them'
He had discharged the lighterman, and placed himself in the same situation as if the goods had been actually landed and delivered: and having so done be might have kept them in the lighter for a week, for he had as much control over them, as if they had been in his custody for that period. In Paul v. Insurance Co. of North America, Matthew J. said that Sparrow. Carruthers ‚was an extraordinary decision to arrivh" at, "wo agreeing with the Judges in Burry's case. He seems to have thought the same of Stroog. Natally, which, I think, may be supported on another ground. He add- ed that the "risk of craft" clause must cover carriage in a hired lighter, and why should it not also cover it is a lighter belonging to the assured, the person most concerned for the safety of the cargo"? There seems to be a de- finite principle derivable from these casas. A hired lighter is within the meaning of craft, in the risk of craft clause: the much-doubled case of Sparrow v. Carruthers draws the dis tinction not between private and public lighters, but between, a hired lighter and the consignce's lighter. But if the putting them on any lighter can be construed lato a taking possession of the goods by the consignee is such a way that it is tantamount to terminating the normal course of voyage, that is by ship plus lighter from the ship to the shore, then the risk bas termingled too.
Last Saturday afternoon, Dr. G. M. Harston was the recipient of several handsome pieces of Tung Wa Hospital on the eve of his departure from the Colony on a holiday as small token of appreciation for voluntary services rendered in attending to ocalar diseases at the Hospital. Mr. Sin Tak:fan, President of the Tang Wa Hospital, presided, and others present were Hon. Mr. A. W. Browie, Dr. 1. C. Thomson, Menn. A. Denison, Ho Kom Tong, Leung Pui Chee; Lau Pou Chiu, Chau Chuk-fan, Au Tak, Wong Yiu Tung, Chau Siu-ki, Ye Pan Nam, Yu Yut Yue, Wong Tak Chan, Hon. Dr. Hu Ku, M., c.mo. Kú Fai Shan, Chan Chouk Hing, Dr. Jan Hock and Mr. Chan Lok Chusn.
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AQUATIC FRIK.
VICTORIA RECREATION CLUB,
The Victoria Recreation Club's second
Swimming Carnival this season, held on Satur day last, proved a success. The entries for all the events were large and the finishes in the handicap events speak well for those in charge. of the bandicapping arrangements, and it is to ba hoped that a few more costants can be got up before the arrival of the Shanghai repre- sentativas so as to be able to pick out swimmers who will be able to uphold the reputation of the Colony against the formidable team which the Northern Settlement have practically chosen to come down. Eight evants ware keenly con- tested as follows;-
1,~4.00 p.m. ONE, LENGTH HANDICAP Heals (First in each beat to swim in the final),
CHINA LIGHT AND POWER COMPANY, LTD.
ANNUAL REPORT,
The report for presentation to the share to be held on Saturday, 11th proxi,' reads as bolders at the eighth ordinary general meeting follows:-
shareholders, statements of accounts for eleven "Annexed we have the pleasure to lay before months ending 31st July last.
The balance at credit of profit and loss ac- count is $446,483.42; which it is proposed to deal with as follows, vix:-To place to reserve fund $400,000.00, and carry forward to sext account $46,483 43.
The concession for lighting Canton, together with the factory, property and material iaars, were sold, to the Ta Ching Kwang Tung Electric Supply Co., for $1,350,000.00. Payment Two Prizes.
The first Heat was easily won by W. J. Car-was completed on 31st July, to which date the roll in 23 seconds. The remaining three heats present accounts are made up.
It is obvious from comparing the figures of falling to P. C. Fenwick, F. B. da Silva and the last account with those now laid before you M. A. R. Souza, respectively.
that, owing to circumstances beyond our control, we were losing ground at Canion and, in view of this and other considerations we decided to avail ourselves of the opportunity of disposing of this branch of the business at what wa devote all our attention to the development of consider a fair price. We shall now have to the Kowloon Factory,
2-4.30 p.m.. RUNNING HEADER FROM SPRING-BOARD, Threo triox.
Some very good diving was witnessed in this vent among the large number of entrants, the honours, however, falling to M. A. R. Souza, who won by the margin of one point from F. B.
da Silva.
BOXING IN HONGKONG.
"SOME COMMENTS ON SATURDAY'S BOUTS,
Beyond all reasonable doubt, not a single follower of the pugilistic game went away dis appointed from the Chy Hall Just Saturday night. Seldom have we witnessed so many fast arranged for the satisfaction of a highly critical and keenly observant audience. Indend, it was fight for a finish all the way from 9 o'clock at night till nearly one in the morning and then there were those who could have composedly sat the night through till dawn appeared. The only regrettable feature was the number affouls that were penalised, but Jack Doveney had no option and he would not have earned the re- putation he holds if he had boun loss strict than he was. No less than three bouts-Rad ons of them the principal event of the evening -were decided on fouls. With the decision in each case ono absolutely agreed. The fauts The Chairman said:-Dr. Harston,-On the in each case were clear undabvious and less eve of your departure for a holiday, the Chir drastic measures than those adopted by the nese merchants and gentry of this Colony de- | refares would have been making a mockáry of dire to avail themselves of the opportunity to the rules. The gamest exhibition of the night testify to you their great esteem and kind re was that put up by Kid Marriot, the little spring gard they have for you both as a skilful doctor haaled lightweight who we verily balievs would and a siccare friend. They have invited you tackle na elephant and get the count out if the to come here this afternoon för the purpose of mammal tried any fancy tricks. He was mat prescutian se you a few pisces of embroidered ched against Gunner Williams of the 88th Gen silk in token of their appreciation of the in- R. G. A.. a.slogger with the action of a cyclopé valuable services you bave rendered gratis to in hysterics and the flail-driving force of a the Tung Wa aspiral in the treatment of dia- steam engine in disguise. Time and again the ensus of the eye. As President of the Tang Kid bit the dust, but he was on his feet again ag Wa Hospital the pleasing duty now devolves | chirpy at a cricket." He started with two shoes upon me of making this presentation on their and the same complement of socks and be other aigal etceteras. By the end of the third behalf and expressing to you their deep sense of gratitude, and in so doing I can assure you, round he had discarded everything but the loin Sir, that I am echoing the sentiments of the cloth of a Solomon Islander, Some of his goods whole of the Chinese community, represented were in the gallery, others in the stalls and as it is in every kind of business and calling the socks were the only visible evidences of his wardrobe, being hung up on a nail by these gentlemen assembled. For the past 4
near the ring. The soldier pacisbed Kid years since November, 1905, you bava attended this Hospital 'overy Monday and Friday after Marriot with rare persistency but bo Doon at great sacrifice of time and personal couldn't get in the knock-out-all the science convenience to dispense your knowledge and being on the youngster's part. In the fifth skill as an oculist, Rod it is difficult, if not im round Kid Marriott mada a surge at Williams, possible, to enumerate the benefits you have carried him to the roper and fell over him. Asing, H. W. Peterson (owes 7) winning by a conferred upon the Chinese community to your they were getting up he lauded the soldier a indefatigable exertions to alleviate human auf. couple of blows on the proboscis, and was touch, J. M. Roza Pereira (ower to) and F. M. ferings. Your fame has been widely diffused rightly ordered to his corner. The soldier got Winner's time, 57 seconds.
second place. not only throughout the whole length and the fight on the foul. The main event was the
55.15 pm. THROWING THE POLO breadth of this Colony, but it has also extended. | Lewis-Buckman go and so far as it went the
Three tries. itself to the southern-parts of China, 50. much audience got their money's worth, but if only so that very many people have come here from went to the fifth round, when the black max the interior to seak your advice and aid. One | (Buckman of the U.8.5. Helma) distinctly flung cass in particular has come under my personalLewis to the boards and had a foul notched
from as far a distance as the Kwong Nieg du trict, in the Kwangi Province, having on hot back a child suffering from an affection of the eye which would, I understand, havocaused total blindness had it not been for your timely treat meat. Upon arrival in this Colony she found herself in a miserable condition-homeless nudˇpenniless—but such was her zeal and con- fidence that her distress and anxiety were hardly manifest.
3-445 p.m., ONE LENGTH FINAL Only three started in this event, Suaza drop. plag out. Fenwick, off "Go," had a good start as also did Silva (ores 1 second), Carroll (owes caught up on the two leaders and won easily, 1 seconds) diving badly, but the fatter swimmer Fenwick being second.
"4.-5.p Two LENGTHS HANDICAP. Heats. (First two in each heat to swim in the final) Two prizes.
The fires heat brought out four starters, viz: P. C. Fenwick ("Go"), F. Barretto (owes seconds), 1, AB. Alvor (owan 7) and A. H. Car- rall (owes 11).The Go" man was never troubled and won easily in ga siconds, Car. foll taking second place...
The finish in the second heat was very excit-
Remedios Cowes 13} ticing for
BALL
R. C. Witchell captured this evant comfort- ably, throwing the ball a distance of 69 feet.
6.-5.30 p.m. TWO LENGTHS FINAL Fenwick again easily won this event with was intensely exciting, the remaining four swimmers coming in a bunch, Paterson, how eyet,, was awarded second place.
7-TEAM RACE.
Capital. It is not proposed to pay a dividend, but to make a return of Capital to the extent of $5.00, per share, or $500,000.00 out of funds in band, but this canBot be done until the neces up, have been passed and the consent of the sary resolutions, which are now being drawD
Court obtained, k
Consulting Committes-In accordance with the articles of association Sir Paul Chatar, C. MG, Dr. J. W. Noble, and H. P. White, Esq., retire, but offer themselves for re-election,
Auditors-The accounts have been addited by Messrs. W. H. Potts and A, O'D. Gourdin,
who are recommended for re-election.
SHEWAN, ToMes & Co.,'
General Managers,
...
Hongkong, 28th August, 1909.
Statement of accounts for the 'il months' anding 31st July, 1959:-
PROFIT AND
'LOSS ACCOUNT, Auditors' fees...........................$ Consulting committee's fees... Exchange (loss on subsidiary
Interest....... ...... General charges neminem
lighters during 'transhipment to avolber vessel, The landing must be in reasonable time; this observation of a warian who hailed recently against him for the third time in the bout. The his big bandicap; but the fight for second pics Amoant written offasdepreciation
It is needless to mention that the Tong Wa Hospital in its traditional generosity came to her assistance. Generally speaking, the Chinese people, are grateful ip character and in the present progressive state of the Chinese Empire any kindness shown. and benefits bestowed upon them are appreciat ed the more. Personally speaking, your firm has been my family doctors for the past 25 years and more, and as my personal doctor you have laid me under a debt of gratitude for the good you have done me, and naturally one would imagine that this meeting was initiated by me, but I assure you that the idea of doing you. besour to-day was spontaneous and universal and that the presentation is made in a spirit of grateful remembrance and not by way of com pensation, because it is a well-known fact that you have been fully compensated for your labours by the successes you have achieved. 1o. bidding you au revoir we all wish you a pleasant voyage and speedy return with rosew ed health and vigour. In conclusion, I beg to tender the thanks of the Hospital to the Hon. Mr. Brewin, Dr. Thomson and the Representa tives of the local Press for the honour of their company,
case in which the Tung Sang Wo firm, of 3, Ningpo Road, Shanghai, brought action against the Po On Marino Insurance and Godown Company, Limited, to recover the sum of Tis. 7,000, equal to $9,732.33, alleged to be dao up. a policy of insurance on a number of pack. ager of ground nut oil, which were shipped on board the steamer bich were lost in Hsing from Shanghai bound for Canton, & Canton daring the typhoon of July 28th, 1998.
The Chief Justice said:The questions raised in this case take up the points which ware not fally gone into in my judgment in Hip On Insurance Company v. Hang On Insurance Company... The goods were injured on board the sa. Shao Haing from Shanghai to the post of Canton. The policy contained a "zirk of craft" clause. The ship was moored to Messrs. Butterfield and Swire's pier-wharf opposite their godowns at Hocam. The goods, oil in baskets, were put into lighters, some on the water side of the ship, some across the wharf into lighters. In each case the oil was weighed by or on bebalf of the consignes and the lighters were hired by the consignes. The usual Custom House formalities were fulfilled either on the ship or on the wharf with a day's delay on account pt the Emperor's birthday, though the unloading of the cargo was continued during that day. The cargo consisted of 550 baskets of oil and 200 of these were sold to. A customer-out of the lighters. On these fac's Applying this to the facts of this case, un. the question arises whether the "risk of craft“ doubtedly the voyage, and so the rink, was clause in the policy covers the oil so fanded, terminated in the case of the zoo baskets sold from the lighter. So, too, if on the evidence I
· I do not think that it appears very clearly whether all the 359 baskets were landed over came to the conclusion that the consignee wharf, but in the view that take of the law intended, not to store the remainder in , this is immaterial and I shall assume that it be gedorn, but to sell them before stor
was. On behalf of the defendants it wa ing, and for this purpose to store them tem- Contended that the overwhat transhipment,porarily in the lighter, then the risk would also Jato lighters' constituted a landing, and Lord have come to an end. That he would have Justice Bowen's dictum in Houlder v. Mer sold them it a customer had come along is clear, but that is not the question; I must be chants Marine Insurance Company was relied on. He said "Landing goods icons putting satisfied that he did in fact so delay the transit them upon the land, or upon that which by the to the godowns in the lighter as to‘amquni to custom of the port isits, equivalent." I have no a taking control of them for purposes other than doubt that by equivalent" was meant wharf those incidental to the voyage, of ship plus of pantoon. But the case there was whether the lighter, 'risk of craft" clause covered the goods in the This brings me to the last point of delay. and the use of the words "safely landed in point differs somewhat in detail from a deliberate connection with that clause meant clearly that termination of the voyage. I think as I have the craft covered by the risk must be craft used already said, that I am bound to held that the for the purpose of landing and not cralt used risk covered the transit by lighter to one of for the purpose of transhipment. The dictum these godowas, and that it must further include illustrates this argument: but view of the such delay as is involved by the normal process circumstances in which it was used it cannot of landing the oil into these godawns. Now, be stretched so as to conclude a case, such as here again there is one clear case where delays.| the present, where the question is is the fact would release the underwriter. Supposing one that goods have touched land temporarily in of the godowns, or even both were syll, and the lighterman lay alongside hoping for a the process of landing somewhere else is a land- ing within the meaning of the policy, Lord chance of getting his oil taken in, clearly the Justice Bowen was considering the question risk could not cover such a case. But suppose of transhipment, someiblog which happened that in the normal course of things the lighter before the landing. The land, sa to speakman, or the consignee applied for space, and he lay in the distance beyond the tranship, was told not that space would be reserved be. mant; and a broad general proposition foreband, but that there was room," and his sufficed. But when we get in the land other boat-land would be attended to in due course, questions may arise not foreseen which require ie., suppose it were first come first served, al- special consideration and which cannot be coo ways coupled with a promise that he would cluded by a general proposition in the absence be served, then I am clear that this would be of suck consideration. And this is necessitated in the normal course of business, and would be by the facts of this case, I agree that "land- covered by the risk. ing" means "laading?" but Strong 7. Natally Now, I am going to make a short cut through is an authority for saying that the words the évidence. The plaintiffs agents in Canton "nfely landed mean what they say, and if were in the habit of storing their oil in quanti the goods bavo to he landed in a lighter the lies of zoo to 400 baskets, sometimes even risk covers the trackit to the shore in the lighter of much smaller quantities. The defend- In the normal circumstances. "Risk of craft," ants wapi ma to believe that in this, caso a clause introduced since the day when the they were going to depart from, I will not say, Early cases were decided, if it is inserted their usual custom, because that is not proved; la the police makes the matter still more plais. but from what they vary frequently did. I But it introduces some special considerations pn the letter on one side; I am not bound to of its own. I am of opinion that insurers are go further than to say it might have been given bound to know the conditions of the trade by Mr. Ho without authority. But the godown- which they insure. The fact that Messrs. manager wants me to believe that no application Butterfield and Swire do not take all into their of any sort, kind or description was made, and godown seams to me to be irrelevanta coo that the plaintiffs' agents deliberately lay along signee, is not bound to put his goods into the side so as to keep the lighterman his fall perthe department in which he was interested was nearest godowe: the fact that some well known ind of hire in the chance of selling the oil, and oil godowas wore across the water must, or never intended to store it at all. The examina should have been known to this insurance tion of the godown book as to the amount of company: and think that even without this work done by the godown on the days in ques. clause were it necessary so to decide, bulcer:tion, as well as the answers i succeeded in tainly with it, the intention of the parties clear ly was that in the process of landing lighters would be used further, that "landing" means putting the goods upon the land or upon that which is its equivalent by the customs of the post, where in the clear intention of the parties it was intended that the goods insured should be landed, and so the voyage terminated." If therefore according to the practice of the wharf, which is a mach more suitable expression in the clroomstances than the custom of the port, it is necessary in order to get to the lighter to tranship overwharf then it is bot landing but an incident of the voyage, which is not cop- cluded until the craft has completed it by takdefendant. ing the goods to tbs shore. The interference of the consigneerat, the scales does not bring the case within the other dóciripe, which deals with the termination of the voyage by the con. signee's ows action, which 1 shall refer to pre- sently. Clearly weighing the baskets as l'hey went into the lighter did not terminate the voy age. I am fully alive to the fact that the law, as I am laying it down, might be somewhat severely tested if a typhoon or tidal wave were in arise suddenly and destroy the goods while they were in process of transhipment on the wharf itself. But should such a case arise I am not afraid that the logic of the proposition as I have enunicated it, would be equal to the teak of deciding the case. A small point may be here referred to. It was suggested that while Messrs. Batterfield and Swire's wharves ware in the Port of Canton the oil godawas were not. It could not be put higher than suggestion. I am satisfied that what lies in or about the port is included in the port If shipping or goods in fighters vaually go there, and that in this instance what was done was fally covered by the intention of the parties. I now come to the use of lighters, and I do not thlak the law is very clearly stated in Araquld. I shall first deal with the authorities, Sparrow v. (Carrothers decides that if the consignes sends his own lighters for the goods there is an end of the voyage but that it was otherwise if the goods were sent on shore by the ship's boats, or presumably the shipowners' lighters, The Chief Justice noticed a possible anomaly which might arise, supposing the ship itself to have been chartered by the consignee, which doen of itself show that the law was not quite the money deposited at the same rate as is paid clearly established then. But this case was
on general deposits. doubted in Hurry : Royal Exchange Cof
(6) The Chinese Government agrees to re- though it appears to have been set up again in Strong Natally. But in Hurry's case a dis-pay the money advanced for the construction of the Kirin-Changchang Railway is twenty tinction was drawn between a public and a private lighter. The public lighters in ques- year after outstanding five years and the tion ware described by Rooke J. us being money advanced for the reconstruction of the publicly registered, in short, that sort of Huimintun-Mukden Railway in sightcon lighter which is equally known to the andur years from the year in which the agreement writers and the owner of the goods. It is to signed. In each case, the payment is to be be observed that the reason for the distinction made in half-yearly instalments commencing between public and private lighters seems to have been based, not on the ground that the goods had passed into the custody of the con sigand, which was expressly pointed out to be
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an unsound distinction, but whether the risk frodis underweltum was lacrossed by using
getting from him as to the normal course of work at the godowe wharf, so entirely bear out the story told by the plaintiffs' witnesses, that I am compelled to accept the plaintiffs' story. I, theraiore, give judgment for plaintiffs" with costs.
Counsel for the plaintiff applied for interest, and bit Lordship said he would consider ibe matter in Chambers
The plaintiffs were represented by Mr. M.W. Slade, instructed by Mr. R. A. Harding, #Sir Henry Berkeley, K.C., and Mr. Duocão Mc Ng, instructed by Mr A. Holborow, of Messrs. Deacon, Looker and Deacon, appeared for the
THE KİRİN-CHANGCHUNG RAILWAY.
TEXT OF THE AGREEMENT::
The following is published as the text of the agreement relating to the Kirin-Changchung and Hsinminium Mokden railways, which was signed on the 18th ultimo at Tientsia.
(The South, Manchurian Railway Com pany agrees to advance to the Chisese Govern. ment a sum of Y1,250,000 (the: actual amount receivable by the Chinese Government is 93 per cent), half the amount of the expenditure required for the construction of the Kirin Changchung Railway, and also a su Y320,000, (93 per ceol, receivable by China), half the amount of the expenditure required for the reconstruction of the Hsiumiston-Mukden Railway.
of
(1) The money to be advanced shall be paid in Tokyo within one month from the date of the signing of the agreement,
(3) The Chinese Government, with as littla delay, as possible, shall appoint a commissioner. to receive the money,
(4) The money earned by the Kirie-Chang- chung Railway shall be deposited with the Manchurian branch of the Specie Bank, the amoest so deposited being exclusively in cur rency.accepted by the bank.
Dr. Harsion, in responding, thanked the Directors for their handsome gift and said that
commenced four years ago in a modest way,
·It was still a modest department. Last year he had seen no fewer than 2,500 cases in the out-patients' department and 100 patients were successfully operated upon in the in-patients department. He had thought of the possibility of that department being made to pay for itself, and be would suggest a scheme by which it might be made practical. Several people who came with defective eyesight wore loo poor to buy spectacles and he suggested that a Chinese less grinder be obtained who would be able to miske suitable spectacies for the patients and also for people outside, who would be able to buy glasses and spectacles much cheaper.
Tea was then served and after on exchange of felicitous remarks, the gathering dispersed.
The embroidery bors the following ins cription id Chinese:-Dr. Harston is one of the clever physicians of the West, being proficient in medical science and a specialist for optics. For a period of 5 years be has been giving his services gratis at the Tang Wab Hospital, and those who owe him a debt of gratitude for recovery of their eye-sight are of no insignificant number. Now on the eve of his departure for homeland, we, in recognition of his valuable services, which nothing can adequately requite, respectfully subscribe our selves to this scroll as a token of our esteem and regard..
KONG.
In his application of slic jade clips and cinnabar, Hix merita lustre at the sin, and the star, Julke the benevolent cload and the magic showet, May la virtues over the globe ever tower,
LAWN BOWLS.
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Begro had a most peculiar style, something like à panther on the warpath for a democrat's blood. He crawled round the ring with his Bosc on the ground and his frets going at acroplane speed; theo he would make a diva and a jump and violently his the attiosphere netil it sobbed again, Lewis bad more of the orthodox style, though it can be understood that a,133 pounder can't do much against a 158 Ib. man when there is a canned slot to encounter Lewis showed fine feet. motion, but
we are still doubtful what the result would have been bad the fight gone the. whole journey of 10 rounds. Most people fancied Lewis and decidedly his style was pretty and when he got there effective. But the darkey is, we think, a stayer. It was a toss-up how things whould have ended, ia any. case all the money was for the sailor. The other fights were fine and straight exhibitions of the art, but heed en particularising. As for the crowd, it was the most orderly, obedient and docile we over saw at a boxing match.
JAPANESE BAST ASIA INDUS-
TRIAL COMPANY.
·INAUGURAL MEETING.
Three teams entered for this, and after some excellent swimming, finished as follows!-
1st Team Captained by A. H. Carroll:-W. Carroll, MA R.Souza, HW, Peteran, A
Ellis, A. S. Ellis and A. H. Carroll. 2nd Team Captained by A. E, S, Alver-F. Barretto, H. W. White, J. A.-5. Alves, A. J. V. Ribeiro, F. L. Roza and A. E. S. Alver.
R.
3rd Team Captained by A. A. Claxton:-W. Ladd, R. A. Carvalho, W. G. Goggio, 1. M. Rota Pereira, C. M. S. Alver and A. A, Claxton,
8.-6.15 pm. WATER POLO.
This resulted, after a splaadid exhibition of Water Polo between picked texïns, in,a draw, both sides scoring ODE goal. Both teams greed to play three minutes extra each-way in order to decide the winners, but after a deal of fast play, Alyes retired on account of cramp, the Blues ultimately winning by 3 goals to one, the Whites withdrawing. after half time. The teams lined up as follows ****
BLUES.
WHITES. 1 A. E. S. Alves (Capt). A. J. V. Ribeiro
A. H. Carroll (Capt.). L. E. Lammert J. Forbes. C. A. C. Rodrigues Q. R. Chugutt
F. K. Tata, R. A, Carvalho
J: M. Roza Pereira H. W. Peterson H. I. White
A. R. Ellis
A. S. Ellis
DISTURBANCE IN A MARKET.
HAWKER ATTACKED WITH A CHOPPER,
30th ulto.
Amount written off as bad debts... Prem. on 5,000 dabantures' isnuod
at Sgo and paid off at Stoo.. BalanceURITY GRANITIDO
100,00 3,375.00
8,482.19
31.834.74
3,905.47
14,161,36
3,729.22
$0,000,00 445,483.47
$560,171.36
61,138,51 174.88 88,650.63
"Balance from last account amand
Contracting department Balance of working account. Balance proceeds sale of Canton property, franchise and good. Willə
BALANCE SHEET.
Capital: 50,000 shares.
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410,207.35
$ 560,171.36
at $10.00 each folly paid up we...........$500,000.00 50,000 special ibares at St.oo en. fully paid upadnom.......
Sundry creditors
50,000,00 ...............$ $50,000.00
Balance of profit and loss account
Kowloon-Land,
buildings and ma- chinery as per fort sistement moms.$220,735,18.
Less depreciation 10,531.91
$190,203,26 Since expended....... 2,531.91.
Lines as per last state-
Since expended........
The ionagural general meeting of the Tox Kogyo Kaisha (East Asia Industrial Company), was held in Tokyo on the 18th August, reports the Japan Chronicle. This is the name chosen for the syndicata recently formed in Tokyo for 1. the purpose of undertaking railway and otter works in China, at first knówn as the Japan- China Development Company. Baron Shi busawa, on behalf of the promoters of the company, took the chair. After unanimously approving the report on matters relating to the A fight took place in the So Kon Po' Market, promotion of the concern, the meeting took in Jardine's Bazar, Wanchai, yesterday after up the question of remuneration to the directors noon, which resulted in a hawker named Chan and auditors of the company. On the motion of Lung Chong being sent to hospital to be treat Mr Masuda Takashi, of the Mitsui firm, it wased. Two olber hawkers, Li-Tim nod Ng Chu, decided that the total amount for the purpose were arrested, and charged in the Police Court, should not exceed Y3,000 a year for the present, this morning, at the instance of Inspector Kerr, The meeting then decided to leave the nomi-
with assault and causing grievous bodily barm. nation of candidates for office as directors and The complainant, who was discharged from the auditors to the Chairman, Baron Shibusawather infirmary this morning, told the magistrate nominated as director Dr. Furuichi (ex-Vice-(Mr. Hazeland) that about foat o'clock p.m. Minister of Communications, late President of yesterday the first defendant went up to his the Seoul-Fusan Railway Company, Messrs, stail to make a purchase. The second da Otagiri (a director of the Specie Bank), Vante fendant, who was standing near by, told him moto Jotaro, Kadons Jukuro, Iwashita Seisho not to bay from that place "ak the goods were (President of the Kitshoma Bank), and Shiraiy
no good." Aquarrel siariod between the com- shi Ryohei with Messrs. Obasbi Shintaro (of plainant and the second defendant. High Tokyo) and Nakajima Kumakichi as auditors. words followed and, as the complainant alleged,"
the second defendant seized hím by the queue, These names were approved by the meeting. Dr. Formichi was elected president of the while the other attacked him with a cheppar, Company. The repost on the result of striking him on the sight wrist-and causing a investigations in accordance with Article seaty gash. His Worship found the first de Company's bankers
fendant oot guilty and discharged him. The 134 of the Commercial Code was next
second man had a fee of Sag to pay. approved. This concluded the business of the meeting and on behalf of the shareholders Dr. Furuichi, president of the company, congratu fated those present on the formation of the organisation and expressed his thanks for the services rendered by the promoters. This con cluded the businälk
The Tokyo correspondent of the Asahi at THE DIRECTORS OF THE TUNG WA HOSPITAL, tributes to Dr. Furnichi, president of the com. THE COMMITTEE OF THE PO LEỰNG KUK, AND pany, the following statement As a repre- THE GENTRY AND MERCHANTS OF BONG-sentative of the East Asiatic Railway lavestiga: tion Society, formed by railway engineers, he (Dr. Famichi) frequently visited the Japan China Industry Investigation Society, which bad now been "Transformed into the new company. In this connection he had been selected us the president of the Company, Hitherto Japanese business-men had heen work: ing individually for business in Chios, and were liable to enter into competition with each other. The business of the company was to undertake a number of enterprises in China on A very interesting game of bowls was played profitable terms and divide them equitably between members of the Police Recreation among Japanese business-men. It was neces Club and the Corinthian Yacht Club on Sater.sary for the company to respect the interests day last, at Happy Valley. The police team and rights of Chios and at the same time to endeavour to promote the interests of those was far superior to that of their opponents, who were defeated on every rink, the scores at the business men to whom the undertakings are to be allotted. The shareholders should, be finish being 54-67. The cames of the players prepared not to see any profit before the lapse of one or two years. The customers of the 18--Company being Chinese, the company should exercise perseverance after the Chinese fashion and develop the 'work gradually.
POLICE DEFEAT C.V.G,
and scores follow:-
Police:-L. S, Ogg, P. S. Watf, L...S, Pitt, Inspt. Langley (ikip)..................
KULANGSU (AMOY) MUNICIPAL COUNCIL,
Minutes of a meeting of the Council, held at the Board Room, on the 19th August, 109.
Present-Messrs. W. H. Walia (Chairman), W. Kruse, Lim' Nee Kar, J. Mencarici, S. Okuyama, W. Wilson, the Health, Officer and the Secretary.
and confirmed.
The minutes of the last meeting were read
Fumlture, as per last
134.775.95
446,483,42
$ 1,137,260,37
192,733.18
57,000.00
€7,857.71
................$ 54,500,00 Less depreciation 3.579.44
$ 50,970.56 6,029.44
Materials, stores, and fuel in stock valued ator
statement use o
$1,400.00 Less depreciation, 100.00 Proportion of premia on unex-
pired policies..ummisztoron 204.99 Sundry debtor
123,925.03 "Cask-on-band-Head-
office ******* Canton Kowloon...
$285.50 1,637,76 .306.34 687,407.86.
680,637.45 $1,135,260.37
TRADE-MARK DECISIÓN..
PROTEST DISMISSED.
The decision is published in the Ofiélat | in Gazette of the 18th August of the Patent Bureau protext filed by the British-American To- bacco Company, Limited, of the Strand, Lon- don, against the refusal to register a trade-zskele owned by the company. The protest, was dis missed.
A further communication was read from the The Haifangting concerning sampras.
giving reasons for the decision, the Patent Courell saw no reason for altering their former | Bereau remarks that, although the patitioner decision in this matter, conveyed to the Hai- maintains that the essential part of the trade- fangting in their latter of the 29th July last. mark in this case is formed by the words "Drum keep a record of respectable men plying for itself, yet nevertheless what attracts the As the Haifungting's object was merely to bend," not by the round form of the drum hire, the Donacil would be happy to supply him public attention in this trade-mark is the---- with a list of the Kulangau licensed sampan- form of a drum, not the worda mentioned. men, together with their registered numbers, It therefore follows that the form of a should he desire same, and, in case of necessity, drum is the essential part of this trade-mark. assist him and his officials in the future as they Now the aniontial pan of the registered irada. had done in the past, consistent with the || mark No. 11,888 is also the form of a dress- provisions contained in the Land Regulations | Thus the two trade-marks in question would be and Bye-lawa
regarded by the public at the same, one being. ed the following cases had been dealt with at name of a trade mark is derived from its essen
The Captalo Superintendent of Police repost. easily mistaken for the other. Moreover, the the Mixed Court since the last mooting:-Bum tial part, so that both must be regarded as monses: Breach of slaughter-house regulationE "dram" marics, and are considered to resembla 2, Throwing rabbish, &c. Into the public drains each other, Petitioner further maintains that 4. Allowing pigs and cattle to stray 3, Improper as private tobacco business'in Japan, coased use of Police whistle 1, Astash 9, Burying a to exist on the adoption of the Tobacco, Mono- 1HR BELLS VIEW HOTEL
corpro without a permit 1, Kidsapplog 1, Debi poly all trade-marks relating to tobacco cotsed 7, Quarrying without a licence i, Permitting | to exist at the same time. This contention 'APPLICATION FOR TRANSFER OF LICENCE, gambling 7, Encroaching on land 5. Obtaining cannot be accepted. The Tobacco Monopoly money under false pretences L Summala sot in force in all parts of the Japanese; ilm- $4
A meeting of the Justices ofthe Peace was con- ry Arrests: Offering for sale meat unft pire, some territories under. Japanese control C.Y.C.-F. Allen, D. Gow, A. Milroy, C.vened at the Magistracy last Monday afternoon for human food 1, Theft 5, Being in, possession are not embraced within its operations as may B. Edwards (skip)...........
13(Mr. F. A, Haseland presiding) to consider ansp of counterfeit coin 1, Assault 3, Obtaining be seen from Imperial Ordinance No.:113 of J. Taylor, F. Farrell, T. Grimshaw, J,'C. Scott (skip)....8 trasfer to him from Arthur F. Gagnon of the after 12 midnight without a light.s, Being in mark No. 11,888 still remains valide the les plication from Edward Arnold Kennedy for ths | monny under false pretences 2, Being abroad| April 29th, 1904. Accordingly registanĞİ LEVANG cision of the examiners in concluding that the A. Davey, E. Dawson, P. R. Adams, M. publican's licence to sell by retall intoxicating unlawful possession of Brearms i, at -(7) The money in this agreement shall be | M'civer(skip)............34 | liquois on premises No. 3, Pak Shai Wan, ega, (Bigaad), W, H. WALLACK,
mark in this case, which resembles one already- paid in Japanese currency.
J. J: Blake, J. M'Kay, A. Thornhill, C. Bond Bhan Ki Wan Road, under the sign, of the
Chairman, vēj
registered, falls under the category of No. 4 of Gia | Baila Viaw Hotel. There were a number of By order for more and a state and Article IL of the Trade-marie Daw in them aan.
G.BERKELEY MITCHELL, enikanade
Just. For the roumea cftád, the petitium in dies-
· Secretary: --
(5) The Spocie Bank shall pay interest on
in the first year of the periods mentioned.
Fenton, Inipt. Robertson (skip)22 P. S. Garrard, P. C. Glendinning, Inspt.
P. G. Bell, P. 5. Sim, P. C. Btuart, lospt. Gourley (skip)................... 22 P. S. Grant, P. S. Wilson, L. S. Cooper PC. McLennan (skip)......
(8) In the event of, either of the partías in- (skip)
|
fringing the agroamant, the arbitration of a third party shall be sought,--Jesen Chronidia;
|--- || other Justices in attendance, and the applica,
tion was adjournada
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