1909-10-01 — Page 13

Adulterated Brandy.

IMPORTANT MAGISTERIAL

JUDGMENT,

TRIPLE CONVICTION, LNTERED.

THE HONGKONG TELEGRAPH FRIDAY OCTOBER

various provisions of the Act with regard to the mode of procedure in such cases having been previously complied with, the milk appll ed was analysed by the public analyst. It was found to contain 24 per cent, of water added to the milk after it had coma from cow.

process with the result that when the spirit is, highly rectised it is very pure and free from characteristic odour and flavour. The simplest form of still, or the pat-still, which is used in the production of brandy, whisky, and rum, yield, on the other hand, a more or less impar spirit, owing partly to the formation of seçon dary producis of fermentation, and partly because bodies formed during distillation, impart to it

1000

HONGKONG CRICKET CLUB,

ANNUAL MEETING.

366

MOSQUITO BREEDING.

Mr. F. A. Hezaland delivered judgment in the ] submitted that there was no off ants because the. was pure and unadulterated. It is nothing which, coming over with the spit the mate. Capt. G. E. Garnett, R. G. A (Committen), Į'take the 'opportunity now of replying là – the

At the Magistracy, last Wednesday morning,

case in which charges of selling brandy not of the natura demanded, in contravention of the Food and Drug Ordinance, were preferred against (1) Mr. Meyer, lictise of the Colonial Hotel; (2) Tal Sing, compradore, Queen's Road Conical, and (3) Cheong Chang, compradore, Arsenal Street. A further charge of selling adulterated brandy was also made agalust the defendants.

It will be recalled that of the 7th ulto, for pector Gourlay (fospector, of Weights and Measures, went to each of the defendants and purchased a bottle of brandy. In each case the Inspector selected a particular brand. At the -Colonial Hotel, the bottle had a beautiful label and the contents were described as "Very old brandy." The capsula had also the words "Very old brandy. The price of the bottle was 3. At Tai Siag's, the brands was described as "Extra superior old brand"and cost so cents. At Cheong Chung's, the baody was described as Fine old Cognac." The bottle had three stars and the label was surrounded by an elabo tate representation of vise. The price of the bottle was so costs. In each case, the inspec tor kept a portion of the body at the shops took one to the Government Analyst and re tained the remaining portion for himself. Pro- secator (Mr. F. B. L. Bowley, from the Crown Solicitor's Office) stated that brandy is a spirit distilled from grape and went on to describe the ingrediants which constituted brandy. It was not suggested by the prosecution that any thing was injurious to the health-in any of the brandies. The examinations by the Govern ment Analyst showed that the bottle sold by Mrs. Meyer contained at least 73% of spirit which was not juice of grape, that of Cheong Chong 49% and Tai Sing 14% The Analyst in each case gave the percentage of solid mal- He also gave the percentage of free acid, All the boitles bad large qua tities of alcohol added to the brandy, which made them cheaper then brandy.

ter.

The judgment follows:

The three defendants, Sophia Meyer, pro- prietress of the Colonial Hotel, Tai Bing, com. pradors, and Chung Cheng, compradore, were summoned by Inspector Gourlay, inspector of police each on the following two charger :-(4) That on the 7th July, 1909, they did sell to the prejudice of the purchaser an article of food for man, to wit, brandy, which was not of the nature, substance or quality of the article demanded by the purchaser, contrary to section 8 of 1896, section (Sald of Foods and Drugs Ordinance, **-1896); (b) That on the 7th July, 1909, they did sell adulterated liquor, fo wit, brandy, and, not of the quality demanded by the purchaser contrary to Ordinance. 8 of 1898, section (Liquor Licences Ordinance 1898).

months,

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The appellant, in cross-examination, stated that he was not prejudiced, nor was any injury done to him personally, and it was thereupon milk was not sold to the prejudice of the pur- chauts. The magisizate found that the appellant demanded milk, that the article sold was not of the nature, substance, and quality of milk, and that the appellant had no knowledge or notice that the milk the respondent sold was adulterat ad. He also stated that if the purchaser bean one of the respondent's ordinary cussomer the offence mentioned in the Act would, in his judgment, have been committed. But he do clined to convict, on the groued that the sale was not to the prejudice of the purchaser within the meaning of the 6th section of the Act. The question for the opinion of the Court was whether he was right in so declining to convict, and if not the case was to be remitted to him to deal with in accordance with the judgment of the Court.

Mr. Justice Mellor, who was one of the Judges of the Cout, delivered the following judgment:-This is an appeal from the decision of the chief magistrate at Bow Street, and the question raised is whether an offence had been committed within the provisons of the 6th acties of the Sale of Food and Drugs Act. The magistrate dismissed the summons on the ground that there was no prejudice to the purchaser. This gives rise to the question whether, the prejudice contemplated by the statute must be a pecuniary prejudice. Such a reading would almost nullify the beneficial effort of at the statute, for it would very much diminish the "possibility of bringing home offences against the Act to those who are guilty of them. This to my mind affords a strong argument against such a contention, So far as authority is concerned, I do vot think that there is any distinct authority on the point to be found in any case that has been decided in the English Courts. The cases 10 which we have been referred in these Courts are two in number. One is the case of Sandys Lush and myself, The Court remitted the v. Markbam, which came before my Brother

case to the magistrate and it cas hardly be treated as a decision. But undoubtedly dur- ing the argument my Brother Lust express ed an opinion that if articles the value of which had been diminished by adulteration, were sold, prejudice was to be presumed. Te that view must have assented, because otherwise it would have been useless to have sent the case back to the magistrate, the objection that the sale was not to the prejudice of the purchaser would have been fatal if it could have been subitalced.

It

demanded. In one sane it might be called "fard," but looking at the analysis, the finding of the magistrate, and the other facin in the case, I am unable to say that the appellant was supplied with the article, for which he asked, I think the decision of the magistrate was wrong, and this case mast be remitted with our opinion. The contract put in this present case does not contalo any warranty suggesting that the article

more in my opinion than a mere description of a flavour nod odour characteristic of the article.

rial used-in-the-farmentation.— The next point raised by Mr. Hastings was It is only in the pot-still spirit that these as to the construction to be placed on Section producis occur to any extent; iboy are neatly, 13 of the Ordinance. Section 13 is as follows:--if not entirely, eliminated in patent spint, Auy person parchaileg any article with the according to the degres of rectification. It intention of submitting the same for analysis thus necessary that pot-still spirit should be shall, after the purchase has been completed,matured by age, while, with patient spirit no forthwith antify to the seller or his agent selling such maturing process is called for, unless, the article bis interion to have the same owing to partial rectification, there is a small analysed by the Government Analyst or by some percentage of by-products present, The use other analyst appointed by the Governor for of patent spirit, therefore, obviates to a large ex. the pornois of this Ordinance, and thall offer tent the expense of storage, which is necessary to divide the article into three parts to be then for mallowing the raw spirit of the pot-still to and there separated, and each pait to be marked render it, not only drinkable, but palatable and and sealed or fastened up in such manner as its of agreeable favour, Flavour is essential to nature will permit, and shall, if required to do potable spirits, and patent spirit, on account of so, proceed accordingly, and shall deliver ons its tatelessness, must be flavoured, which is of such parts to the sailer or his agent, generally accomplished by adding a small pro He shall retain, one of the said pans for portion of old, well-matored potstill spirit to it future comparison, and shall himself submit

Fareiga flavouring can also doubtless be used, the third part, if he deems it right to have the and there is much brandy on the market which article analysed, to the analyst."

is absolutely destituts of grape spirit, just ar there is much whisky that is absolutely des. titute of malt spirit.

laspector Gourlay stated in evidence that he divided the article into three parts without first offering to divide it. The question, for my decision is whether the "offer to divide is a condition precedent to a prosecution under the Ordinance. I am of opinion it is not: As the Crown Solicitor put it. Inspector Gomisy's act was meraly an act of supererogation. The seller was not prejudiced in the least, Assuming that the seller bad refused the offer, the practice under Section 14 would have then been follow- ed. This places the seller in a less favourable position because he would then not be able to have any part of the article sold spalṛted.

Mr. Hastings referred to the case of Barnes v. Chipp 1878 3 Ex. D. 176. The case was de cided on quite a different point. The constable who purchased the article told the person whe sold it that the said article was being purchased words by the Public Analyst. It was held for the purpose ábalysis but did not add the

that the notification that it was going to be annlysed "by the Public Analyst" was a condi- tion precedent to a prosecution under the Act.

The next question I have to decide is whether the purchaser received the article demanded by him, namely, brandy, This involves an answer to the question--What is brandy? Brandy is a spirit derived from the juice of the grape or from wine. At analyst's opinion' as to whether an article is or is not brandy is based on the fact whether the sample contaios e sufficient quantity of ethers. Id the manufac- Hoyle Hitchman was decided on March'tars of brandy water is always added to it in 18th, 1879.

On July 20th, 1879, the statuto greater or less quantity. This is known by the 47 and 43 Victoria, C. 30, was passed. is cited as the Sale of Food and Druge alkalinity has undoubtedly the effect of reducing expression "breaking down." Water due to its Act Amandment Act 1879." The preamble to such ether value. The mult of aarlysis as to this Act is as follows: Whereas conflicting the ether value of a brandy is given in so many decisions have been given in Esgland and grammes of ethers per sos litres of absolute Scotland in regard to the meaning and effact alcohol present. Mr. Browne, Government of section of the Sale of Good and Drogs Analyst, who was called as a witness for the Act, 1875, in this Act referred to as the prin prosecution, is of opinion that genuine brandy cipal Act; and it is expedient in this respect does not contain less than 80 grammes of and otherwise to amend the said Act, Section theres. The result of his analysis in the presen:

of the Amending Act is exactly the same three cases is as follows; word for word as section 7 of our Ordinance. Section 7 is as follows :-.

an follows:-

wat

with respect to fixing a standard for brandy, I now come to the very difficult problem

With respect to table 9 referred to above, pearly all the brandies mentioned there are high class brandies, and has no statement as to. the nature of the water used in 'breaking. down" the said brandies. With respect to the experiment made by Mr. Spurge in using Kent water for "breaking down" I am of opinion that this was a true test, because before con victing a parson of a criminal charge under the Ordinance, ons ought to take into considora tion the possibility of the spirit having been "broken down" with a water leaving an ex- cessive alkalinity.

Having regard to the evidence before the Court, I am of opinion that I ought not to fix brandies, the subject matter of these three a bigher standard than sixty grammes. The

charges, are all very much below the standard which I have 6xed.

1 therefore convict the three defendants oder the Food and Drugi Ordinance, 1896. Each defendant will pay a fine of $50.

་་

·GOLDEN, WEDDING.

FIGUEIREDO-COMES.

29th alto.

SOME INTERESTING FACTS.

The annual meeting of the Hongkong Cricket Glub was held at the Club's Pavilion last Tuesday bye-law for the prevention of mosquito-brood

The following correspondence relativs to the afternoon. Mr. F. Maitland presided. There ing was fald on the tabla at the meeting of the H. R. Phelips, C.-H. Carr, T. E. Pearce, were also present:-Messrs. W. G.D. Tamer, Sanitary Board lest Tuesday afternoon --

As the consideration of this question was left- Capt. HH. C. Baird (The "Buffe") and over for a fuller attendance of members, I may

Mess. A. Mačkenzie, K. E. U. Bitd, A. O, | questions ralied, by the, Registrar-General: Brawn..W. Danby, W. B. Boyce, W. H. Wick | Filariasis is enta notificable discass, and I' ham, D. W. Craddock, Dr. O. Fonyib, J. A. am therefore poable to state how many cases Jupp, A. R. Sutherland, Cant. Beasley, R. occur annually in Hongkong, but the number Pastonji, Liedt, H. G. Bagnall, Lieut. H. W. will be quite small; yellow fever, I am glad to Green, Lieut. E. C. Norman, Lient H. W. Bill, say, is unknowa in Hongkong; were it other Lient. J. Innes, Lient. D. K. Anderson, Lieut.-wise, the Sanitary Board would have a far more Col. Bayard, &. Young, L. F. Campbell, serious task on hand than any they bars W. Armstrong, A. Bryce, H. S. Kennett, B. had to deal with. F. Chapman, E. C, Hagen, E. G. Oliver, R.N., R. A. G. May, C. A. Pasl, Capt. R. D. Craw fard, Capt. Greenway, Capt. G. T. Brierly, A. H. Oego, J. D. Auld, W. L. Leask, A. Temper ley, M. R. Harris and others.

na

veyed to mas by mosquitos which do not be- As stated in my previous minuto, these two diseases have been definitely proved to bacon-

long to the sub-family Anopheline, and although they do pot prevail to any extant in Hongkong

"Filariasis is, however, endemic in Southern China, while yellow fever is andemic in the West Indies and in Panama, and it is very generally feared that when the Panama Canal is open to traffic this diseais may be imported In the absence of the Secretary (Mr. E. A. to the Far East. 'learn, that, "at the present M. Williams) Mr. Carr read the notice convenime, a special mosquito survey of India is ing the meeting said-Gentlemen,The re the Siegmgia mosquito is to be found

being made to ascertain in which localities The Chairman port and accounts as presented to members this being the one that convoys yallaw will take as read. The fermer shows a very busy favor to man-and that special stops season and we have to congratulate Mr. Rich will be taken to deal with these areas before ard Hancock on his splendid batting average there is any peasibility of the infection reach- (103.77) and Mr. H. D. Sharpin on his fine ing that country. bowling performance (10/12) "per wicket. the averages, your committed having, decided There has been a new departure in making up

to toclude League matches; in fact, they were practically forced to do so from the fact that if they had been emitted, as in past seasons, at the present time, I hope the Board will not.

one would have played the qualifying | adopt the policy of waiting until they have number' of 'innings usder the rubis. Iịám become endemic here before taking the nacas- delighted to be able to state that we shall sary stops for their prevention. receive cricket and laws tennis representatives There are, moreover, other diseases which from both Shanghai and the Straits Settlemanta are most probably conveyed by mosquitos, in November next, when trust wą, shall wit- and one of them is dengue fever ;' the facin in ness some keenly contested games and may regard to conveyance of the Infection in this victory go to the best sides. The challenges disease are not yet absolutely decided, but there were sent by the Hongkong Cricket Club as enough evidence to induce Proferior Ronald in the past, but I would remark that is choosing Ross to claim recently that the extermination the men, to do baitle for Hongkong, the Saleč-' | of the mosquitos from Port Said and ́lemailia” tion Committes will draw on the whole Colony, | has resulted in thesa` towar being absolutely so it behoves all cricketers and lawn tennis free of Dengue while the disease has been players to get into regular practice as early aš | raging in other parts of Egypt, and a similar possible. Besides the interport matches it is theory has been put forward by Professor anticipated that we shall, in the coming season, Andrew Balfour in regard to Khartoum. Den arrange a triangular cricket contest between que prevails here and is responsible for the Navy, Ariny, and Civilians and alto that the considerable amount of sickness among all Club will play the full Leaguo representativas. classes of the community. Two test matches. Then we have entered an All biting fliss (among which the mosquitos slaven forthe League Competition, se prospects are included) are capable of conveying ptic for a busy and interesting season look bright, infection to man and may thereby induce death Regarding the accounts, regret.very moch from blood-poisoning, while the general that there is a smatt loss on the year's working, impairment of health brought about, os- but I predict that next year we shall be in a | pocially in 'vomes, and children, by the bites position to repay some of the debentures. Ar of mosquitos, is an important factor in con- exceptionally large amount has gone into the sidering the healthiness or otherwise of the ground owing to the heavy wear and tear Colony. decided that no free tear shall in future of last season. Then your committee have

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†

that the limitation contained in this bye-law be In view of these considerations, I would urge

(Sd.) Francis Clark,

M.O.H.

An event of unusual interest was celebrated of the wedding of Mr. Francisco d'Assis Gomes to-day on the occasion of the fiftieth anniversary

gueiredo), and Mrs. Maria Francisca Gomes (ved Fl-ba given except to ladies whom we hope deleted, so that steps may be taken, as DC- to see in large force at our cricket matches casion arises, to prevent the breading of max. as well as at the lawn topois tournament, | quitos on private premisos. we owɑ special thanks to Mr. George Grimble arranging the concert recently held, which and Mr. E. A, M, Williams for their services in

in a poskion 10 give the exact amount of profit, proved a success, but I am not at the moment

as a low members have not yet returned the tickets nor paid for them. For these and other reasons l'anticipate a fair surplus in next year's accounts to redeem some debeatures. Before moving the adoption of the report and accounts,

the beat of my ability.

Mr. and Mrs. Gomes ara well-known 'mem. bers of the Portuguese,community in Hong, theold firm of Messrs. Brandão & Co. (with which kong, and as one of the managing partners of

Gomes, now retired, was associated), Mr.Gomes his highly respected brother, Mr. Augusto J.

occupied a prominent position in the commerci- al circles of the Colony. As was the case with several British firms now defunct, Mesir, Brandão and On had large tradal interests with the Philippines in the palmy days of the island

pated the dwindling away of profitable trade! a business foresight, which noon. antici. relations with Manila and its neighbourhood under altered conditions, the Brothers Gomese decided to close the firm and seek well-cara ad retirement from 'the worries inseparabią. Itam business at the advanced age of over absolute cessation from active operations in seventy years. Previously, however, to their

the mercantile sphero both these gentlemen undertook a pleasure trip to Anterica and tugal, one of the brothers being a graduate of Europe, tanawing old connections with Por the University of Coimbra. Mr. F. A. Gomes is still connected with the business world of of certain limited liability companies of note in Hongkong in relation to his seat on the board the Colony...

posed the adoption of the report and accounts. There being no questions, the Chairman pro Mr..Jepp seconded. Agreed,

Carried neni, con,

The Chairman-I thank you all, gentlemen. will do all I can to farther the interests of the Club in every way.

I

The following members were appointed the Balloting Committee for the enaging year; Messrs W.CD. Turner, T. E. Pearce, O. H. Carr, HR.. Makin, E.0. Oliver, M.; Capt. Baird (The Buffs"), Capt. Garnett, R. G.A.

The Head,

13-9-09.

Sanitary Department.

The Registrar-General minuteds-How many sotices have been issued under the original byo-law?

H.M.S. "FLORA” POR. MANILA.

ON HER WAY FROM DORNEQ TO HONGKONG.

Mr. Oart proposed, and Dr. Forsyth recond-Through the British consul-general informa- ed, the reelection of Mr. Maitland as Pre- tion has been received from Vice Admiral Siz Hedworth Lambton, commander-in-chief of the sideot.

Chind aquadron, 12vs the Cadlemsms, 'that the British cruiser Floro is now on her way from Borneo to Hongkong and from there will pro ceed to Manila, arriving about October ro, The cruiser Piera has had quite a cruise daring the past few months, having "bean to the Hawaiin Islands and on to the Mexican cokst, finally rounding up at Borneo, The Flors hus the greater part of her journeys and that ship been accompanied by the cruiser Cambrids on

was with her at Honolulu a short time ago when the U. 9. A..T. Logan ran on the reef in An extraordinary meeting was held imthe harbour and had such a difficult time in mediately after the accual meeting, when the getting off. The two British cruisen im- Chairman proposed the following resolutions mediately went to the assistance of the Ameri- That the Bye-Laws be altered in the manner can transport and by their help she was finally drawn off the coral." The Cambriam and Flora following

and I, Hancock.

EXTRAORDINARY MEETING,

Section 6 of the Bale of Food and Drugs Or dinance, 1896, is as follows:-Every person who sells, to the prejudice of the purchaser, any article of food or any dng which is not or the nature, substance, or quality of the article demanded by such purchaser shall in every Case, on sommery conviction before-a-Magia

be liable to a penalty not exceeding two hundred dollers and, in default of payment

Mrs. Meyer's brandy coptained 21.16grammes ofetbors, Taj Sing's brandy 12.62 grammes, and thereof, to imprisonment, with or without hard labour, for any term not exceeding ties this Ordinance for selling, to the prejudice of question as to the amount of influence which In any prosecution under the provisions of Chung Cheong's brandy 46.48 grammes. The The definition * Adulterated liquor" under the purchaser, any article of food or any drug water exercises in reducing the ether value of under the old Spanish administration.· ́ With † I shall be pleased to answer any questions to

whichis not of the nature, substance, and quality brandy is a matter of great controversy amongst the Liquor Licences-Ordinance, 1898, ir as of the article demanded by suck purchaser, it analysts. Mr. Browns was of opinion that the follows: Adulterated liquor" means any

shall be no defence to any such prosecution to alkali-water did not have a very serious effect liquor mixed or coloured to the prejudice of the allege that the purchaser, having bought only on the ethers. He gave the result of certain purchaser with soy ingredient whatever or with for. analysis, was not prejudiced by such sale. experiments carried out by him. These ex water, either so as to increase its bulk and

Neither shall it be a good defence to prove that periments were made with two kinds of water, measure or soss injuriously to affect the quality the article of food or drug in question, though namely Pokfolum water and well water in af such liquor or to conceal is inferior quality, defective in pature, or in subiecte, or in which was added twice as much alkaline as or any liquor which is not virtually of the nature

quality was not defective in all these respects. there is la Pokfolum water. It was suggested and quality demanded by the purchaser or of

1 ant of opinion, having regard to section of by the defence that this was not fair test the liquor which it is labelled as being or par

our Ordinance that if the article is bought by a owing to the slight alkalinity of the water used, porting to be, whether such adulterated liquor police officer solely for the purpose of analysis, the amount of alkaline in Pokfulum water bo Is injurious to health or not. Spirits shall not

such analysis to be made by the Government ing only a grain in a gallon. On this question be considered adulterated if mixed with water

Analyst, the question whether it is to the pre- the defence called Mr. Spurge, the nadlyst in only so as not to reduce the strength more than judice of such purchaser is 001 in issue. 10 A, S, Watson and Co. He did not analyse the twenty-five degrees below proof in the case of spector Gourlay purchased the brandy in these brandies, the subject matter of the charge, but brandy, whiskey, or ram, or more than thirty three cases for the sole purpose of having it be analysed a sample of Watson's & brandy, degrees below proof in the care of gin.

It was proved in evidence that Inspector Gour-analysed by the Government Asalyst. Mr. He stated that it

cheap brandy was guaranteed as the produce of lay asked for and purchased a baitle of brandy at tastings then submitted on behalf of Tai Sing but

To-day's celebrations of the happy event that he should be discharged from the pro the grape. He distilled two-thirds of the each of the establishments owned by the de-

assumed the shape of a thanksgiving ceremony secution because he had brought himself under quantity taken and the product of the dis-

· fandants. · At each place hs poured the con

at the Romen Catholic Cathedral in the morning- tants of the battle into three small bottles, and

section as of this Ordinance. The section is uitlation would contain all the ether and the when High Miss was celebrated by the Rev. alcohol. Ha divided the distillate into two left one small bottle with each of the delend-

equal parts. One he broke down," with dis-

Fr. G. Spada, astived by the Right Rev. D. ants, sent another to the Gaverament Analyst,

tilled water and the other with alkalles water

Pozzoul. A Te Deun was sung after the Mass. and kept the third bottle himself. At sach

This alkaline water contained zo grains of car

The solemn service was fully choral and was place be asked for brandy, and said he was

assisted by a congregation composed of the (a.) In By-Law 11 the word "Twenty are slate gray in colour and types of the British- going to have it analysed by the Gavaramsor

bonate of lime per gallon, which is the normal family and relatives of the happy couple, their shall be substituted for the word "Thirty...cout.cruiser. Kent water. In the distilled water-sample bo Analyst. At none of the plices did be offer to

fannd 91.5 grammes of ether and in the Kent the Portuguese community in Hongkong, feber, 1909, all playing Members not being

most intimate friends, the leading members of (Seconded by Mr. Jupp).

(6.) Bye-Law 15 shall read :-From 1 Octo- divide the article into, three parts, but divided

water sample 65.68 grammes. My attention. the said article without making the offer. At

was called to 6 paper by Schidrowitz and Kay-Italian and French-the Sisters of the Officers of HM's Navy or Army shall pay an presentatives the Roman Catholic-clergy the establishment of the defendant, Sophia Mayer, the anicle was sold in the ordinary,

brandy which was read before a meeting of de la Ste Enfance and the children of the ing members shall pay an entrance fee of on some conditions affecting the eiber valon of Italian Convent and the Sisters of the Asils cotrance fee of $20.00, -All new Military play- brandy bottle. The bottle bad a gold capsule,

the Society of Public Analysts held on the sat and at the top of the bottle was a white label

$10.00 and all new Naval playing mea station. March 1905 (see page 149 of Vol. go of The with the words " Old Brandy" printed in blue.

ed in the Colony shall also pay an entrancs fen Under this label was another label, crescent in

paper: Analyst) I quote two extracts from the said

of $10.00. (Seconded by Mr. Pearce). shape, with a gilt edge, and three golden stars

(This resolution does not affect the status of In the middle of the crescent. Under this was

a Naval Subscriber bader Bye-Law 21.) A large white Inbal" with ́a gilt edge. Across the middle of this label were the following words" au de vie tres ville." Under this label was another small label, and the words "Han de vie Fire old bandy," A dollar was paid for this bottle of brandy. At the Tai Sing shop the article was also in an ordí. nary brandy battle. This battle also had a gold capsule. A short distance from the top of the bottle was a label, crescant in shape, and in the middle of this label were three golden stars. Under this label was a large white label with the words "Extra superior old brandy Fifty centa was paid for this bottle of brandy. At the Chung Cheong compradore's shop, the article was so in the ordinary brandy bottle. On this battle there was also the crescent label and the three golden start. There was also a large label with the words "Fine old Cognac." Sixty-five cents was" paid for this boille of brandy.

If the defendant in any prosecution under this Ordinance proves, to the satisfaction of the Magistrats or Court, that he had purchased the article in question as the same in nature, substance, and quality as that demanded of him by the prosecutor, ned with a written warranty to that effect, that he had no reason to believe at the time when he said it that the article was otherwise, and that he sold it in the same state as when he purchased it, be shall be discharged from the prosecution,

The following contract in support was put in Sing Ho K by the China Export, Import and "Hongkong, 9th April, 1909. Sold to Tai Beak Company, Hongkong, the following goods; to Ca raft Dragon Brandy.$4.50 each." I will first deal with the two casas cited by Mr. Hastings. $.

·Some little while ago we analyaeda brandy which showed an ether value of 988. The alcoholic strength of the sample was 53 2 This sampit, we were informed, was unreduc

In Laidlaw v. Wilson 1894... 10.B.D. 74, ited, and had been drawn direct from bond. At was decided that it was not necesary to use the same time we examined a sample which the world "warranty." The words" pure laid," was stated to be the same brandy iron duty however, appeared to the contract. In Elliot v. paid stock, and reduced in strength to 44.5. To Pitcher 1901 a K.B. 817, it was decided that it our surprise, the other value of the latter was was not necessary to prove a specific warranty found to be only 56.5. At first we weis inclined with sach delivery. The written warranty was to doubt whether the two samples actually re- as follows: "We hereby warrant that each presented the same brandy originally, but our and every supply of milk sent by us to you shall subsequent investigations lead go to say that be new milk, unadulterated, and without its we believe this to have really been the case, cream. The case of Rook v. Hopley, 3 Ex. D We were father informed that the spirit had 211, was cited by the Crown Solicitor. The been broken down with New River, main Contract in that case was as follows:-Bought water, the object of using this instead of distill- by Mr. J. Hopley, Manchester, of William ed water being, according to our informants, to Walker, Cheese factor and provision merchant, avoid the slightly mawkish taste that distilled four tis land. The decision of Kelly C.B. in water occasionally imparts to brandy this case, was as follows :---

I am of opinion that the appellant is entitled

The solicitors forthe defendantsreferred me to. Squire's Companion to British Pharmacopatia,

to the judgment of the Court. I regret to have On page 1,151 there is the following sentence

Convents.

At the conclusion of the religious part of the festival, the guests were invitedte Mr. and Ms. domes private residence where they were treated to a cake and wine banquets The wedding cake was prettily and emblematically ornament ed, the figures 1859-1909 in white icing surmounting the highest tier below which were clasping hands with sings on the third finger, emblemus of the matrimonial union. The fune tion was a select one and was largely attended by ladies. When glasten had been charged, Elis Lordship Bishop D. Foxtoni, on behalf of the assembly, proposed the toast of the day les felicitous speech, lo the course of which hà expressed the bape that Mr. and Mrs. Gomes would live many long years more in perfect con jagal felicity as they had done in the past,

The toast was daly honoured.

Mr. Gomes briefly and suitably replied. This brought the ceremony to a finish. In the evening there will be an informal banquet, at which only the relatives of the couple, whose golden jubilee it is our pleasure -La record, will äteund.

1AFT HBARS ABOUT CHINA,

CONSUL-GENERAL WILDER_HAKES¬A÷GALLa

(0.) Bye-law 22: "Honorary Members, or scribers under Bye-law x and Honorary Mem. Naval Subscribers" shall read "Nayal Sub-

bars," (Seconded by Capt. Chapbwn).

The resolutions were passed unanimously. The Chairman-Thai is all the business, gentlemen, thank you for your attendance.

THE OPIUM TRADE.

NEW HONGKONG FARM.

"THE DAL NIPPON SÜGAR. REFINING COMPANY,

PLAN OF READJUSTMENT.

A general meeting of the creditors of the Dat Nippon Sugar Refining Company was bold at the Nihonbashi Club, Tokyo, on the afternoon on Wednesday (15th nitimo), when all the They included Mr. Ayai, for the Mural Bank: creditors or their representatives wern preseof.

Mr. Isomura, for the Mitsui Bussan Kaishag“ Mr. Uyeda, for the Nigata Brok; Mr. Oberlein, for Mesurs, Raspa & Co.; Mr. Takimoto; for the Yamaguchi Baik (Osaka); Mr. Koyama, for the 34th Bank; Mr. Kaneko, fot the Bazuki Shoten {Kobe}; "Messm.. Hyoga and Minami; for the Ataka Skolen (Kobe); Mr. Shimosaki, for. the Bank of Formosa; Mr. Nojima, for tha Nakai-Bank, Messm. Taulmors and Hirsts, for the Fajimoto Bank (Osaka), and a roprestuta- tive of the Youni Shokai.

Mr. Fujiyama and the other directon and auditors of the company were present.

On September v, Mt. Laidlaw asked the Under Secretary for the Colonies whether, in view of the fact that in the Straits Settlemente and the Federated Malay, States, where the

Mr. Fojigame, president of the company, conditions were very similar to those in ftong presented statement of the assets and kong the opium farms were being abolished an liabilitics of the company, which, besides the unanimous recommendation of the Straits showing its position, outlined a plan for Oplum Commission and whether, to prevent a the readjustment of the company's. affairs, I will first proceed to deal with the

system from being stereotyped for three years By, this scheme it is proposed to rednem three preliminary points raised by Mr. to come to that decision, because it is im-In the present state of our knowledge it is

which might hamper the Government in, its in aleven years, instalments from Decem efforts to antis Chian, the Secrettiy of State Hastings, the solicitor for two of the defend possible not to see that this is a hard case, but impossible to tell from an analytical point of

ber next the following debts:~Y4,164,195, de- would take steps to prevent any new oplum ing the tax rensining in arrears 144330,908, 1 antsThe first point was that Inspector Gour with that we have nothing to do here. The view the original of the spirit in brandy" Mr.

farm contract being entered into at Hongkong debts without security-Yya,141, debes with lay, when he purchased the article, having re- facts of the case are very simple. The appell Browne was asked-in-cross-examination wher

Colonel Seely: No, sir. Experience Bas accurity to the Fallmota Brak Y3,500,000, gard to the small price paid, most have known at purchased this article, which he caused ther he agreed with the above statement. Ha stated in reply that he agreed with the

·Beverly, Mail, Aug. 25. : shown that the farm system is the best waited debentures istrad to the Suzuki Shoten, audi that he was not getting a genuine axalcle, and to be subjected to analysis. Il tormed out

Culos came into Mr. Taft's los of vision to the circumstances of Hongkong, and His interest on the debentures at the rate of 7 pår therefore he was not prejudiced" within the to be (though in one sense it may be called latement modified thus: You cannot sell the

| cent. for the eleven years-making' a total of meaning of section 6 of the Food and Drugs ard) of the quality and nature described sources of silent spirit is brandy. Mr. Browns again to-day with the arrival of Amos P. Wilder, Majesty's Government are satisfied that its ex-

Consal-General at Shanghai, who formerly held istence will is no way bamper the Governmed: Y13,500,149. When these liabilities have been Ordinance, 1895. It was suggested by Mr. by the analyst as adulterated lard, con- also stated that Squire's Companion was only

An ordiospice | settled, it is calculated that there, will be a bal-. Hastings that Inspector Gourlay deliberately taining 15 per cent of the foreign ingredient an authority on pharmaceutical matians. M. the same post at Hongkong, He has been in its efforts to assist China. chose cheap brandy. With respect to this water. The main delance is that the respond. Spurge referred to an analysis of brandy made spending the summer in Maine and the call recently passed, ax No. 16 of 'roog, bas com ance of V2,245,000, at the and of eleven years question, I would mention the case of Hoyle .ent is protected under the agtb section, be from wine given in Blyth's Food page 386 was one of courtesy, but Mr. Wilder found that siderably extended the Government's power of in the profit of the company. It is proposed to Hitchman, L.R. 4, Q.3.0, page 333. The cause be sold the article just as he received it, which he stated is almost a standard work. The the President wanted to hear abou! Far Eastera control over the opiam farmer's proceedings, pay at the end of this year Y85,155,Income having himself bought it with an invoice which amount given is 41.9 grammes per sos litres. thinge, Mr. Taft was pleased with what the My hon. friend will find a copy of this ordin-tax due on the company, and Y748,400 qui of the excise in arrear, the balance to be paid As information had been prefarred against it in contanded amounts to a written warranty Thie inference in my opinion is not a satisContal-General told him, as the ideas of cordial ance in the library of the House.

relationship voiced by Mr. Wilder colocided Me, T. Taylor: Do I understand that the in nine years and a hall from December within the statute. A number of anthorities the respondent for an office andor the 6th Bection of the Sale of Food and Drugt Act, were referred to on the question whether a By the prosecution 1 was referred to Vasey's with the President's own.vlaws and hopes em policy of His Majesty's Gavetament differs next. Debts to banks amounting to Ys:314,900 1875, by the appellant, as inspector of nai- description in an invoice amounts to a warranty, Analysis of Potato Spitita." Ga page 15 the bodied in his fiest lostractions to Minister, from that of the Obiness Government, which on deposit moles are also to be paid within ike

Crane last week?

is the suppression of the use of opium? sime period. The claim of the Fujimoto SADCSS for las district of St. Gilas, who bad but I do ant propose to go into those cares, author gives the following excellent description been duly authorised to sa is the execution of Now do I say what my decision on those cases of the chemical characteristics of potato China is very bright: De believes that the work operate with China in every possible manner year. Unsecured deb amounting to Y3,300,000 "Mr. Taft feels that the consular situation is Colonel Sealy: Oh, no. We hope to co- | Vj13/14x-will be paid before the and of this the Act. The appellant had gone to the res would be if they came before me to a court of spirits

The patent of fractionallag stiti is practically tinued by Secretary Knox bas made for the

of strangthening it begun by Mr. Root and con- in stopping the consumption of oplam, not be will be transformed into 2 par cent. pralarintal pondant's shop and asked for half a plat of appeal. The decision in Josling v. Kingsford

Mr. Laidlaw asked the Secretary of State for shates, and the debentures held by the Bamak mile for which he paid Id., out of money is applicable to this case, and in view of that the key to the situation af regards the analysis strongest possible combination of officials in Foreign Affairs whether any proposal had been Boten will be redeemed at the rate of $50,000 provided for the purpose by the incal sabority decision I cannot held that this invoice contains of potable spirits. As is well-known to chemists Chink. He is convinced that judge Wilder received from the American Government for a yearly for ten years from Tankrots, fer which he had to accoust. Os being served anything more than a description, which can and distillare, this ingepious apparatai produce did great work in improving the conditions conference at The Hague on the opium ques-The creditors pat some questions regarding is informed the shopman that, ho, was as insol be deemed to be a warranty. But than its very strong and practically featureless, be surrounding the American counts China and tion; and, if so, what reply had been sent. the scheme and it was: ngened that an snowbe pector of duluances, and hic purchased the is forber argued for the respondent that the caban purs, spirit. It enghrates cartalo by-pro- that kin schiavarsanta will not fall away under Mr. McKiance) Wood, who replied, said a should be givio on a later date. The meniniz, batte der dadlymes by the public canlyn Tâm | artiçin sold to the appellant was that which he docte; of fermentation during the dinillation the hands of his swoqtor, Judge Thapar,... | The sooner is in the seraire,

'facts of thầa caso aro as follows:—

factory one