1909-10-25 — Page 5

Telegrams.

“HONGKONG TELEGRAPH'

SERVION

'ARGUS" RE-FLOATED.

APPARENTLY UNDAMAGED.

[From Our Own Correspondent,]

Macao, 25th October,

*8.40 p.m.. The French gunboat Argus, which went aground on a paddy-fiold, at Sami, in the typhoon on Tuesday last, has been refloated.

She proceeded under her own ateam"down the river and was an- chored in the inner barbour at three o'clock this afternoon.

THE HONGKONG TELEGRAPH MONDAY OCTOBER 25 1000

\THE ICE CASE:

AUDITIONAL JUDGMENT.

At the Supreme Court, this afternoon, the Chief Justice (Sir Francis Piggott) delivered the following additional judgment reserved on the point as to special damages in the case in which the Hongkong Milling Company, Lid, brought an action against Messia. Arohold Karberg and Company, to recover the sum of $too,ood for alleged breach of warranty :--'

His Lordship salds! Km of opinion that the claim for special damages in this case falls entirely within the principles tid down in Grebert Horgais v. Nugent (15 Q.B D. 83), and cannot be allowed. The also there was a sub-contract, the failure

to fulG! which was alleged to be the cop Requance of the breach of the vendor's contract,

"FOOTBALL LEAGUE.

FIRST DIVISION,"

Only tre maiche xem played in thận độ vision on Saturday-one at Happy Valley and the other at Kowloon. The one, which was to bare taken place on the Navy ground, did not come off owing to some misunderstanding,

To-day's Advertisentent.

BANK LINE, LIMITED.

NOTICE TO CONSIGNEES.

"STEAMSHIP" ='KUMERIC."

To-day's Advertisements.

THE AMERICAN AND ORIENTAL" LINE..

FOR BOSTON AND NEW-YORK,

the Naval team turned up at 2.30 pm, and FROM TACOMA, SEATTLE, VANCOU.With Liberty to all at the Malabar Coast) the R.G.A. and referee went to the field

4.30 which was the appointed time for the match. We understand this match will be played off at a later date..."

HONGKONG" FOOTBALL CLUB ́re, BUFFS, The teams were as follows:-

VER, YOKOHAMA, KOBE AND MOJI, ་་

Tabove Shames brinquested to

THE Steamer having arrived, Cón- sand in their Bills of Lading for countersignas ture and to take immediate delivery of their *Goods from alongside, pa

Club :-). Clark; F. G. Carroll and J; Mc» Cargo impeding the discharge of the Vestal Cubbin, H. W. Kilby, R. C. Barlow and A. ill be landed and stored at Consigness' risk Gregory : A. Aitcheson, W, Weston, A. Whil-Na Fire Insurance will be effected by us in

and expansa.

ma.sh, H. A. May and J D. Danby,

Buff-Black Ruler and Bartlett

Dare,

Wren and Tampscit; Fitzpatrick, Drew, Taylor, Brewster and Barker.

This match was witnessed by a large gathering of spectators, and when the whistle sounded for play rain began to pour. As the civilians are not used to play on

B

The fundamental principle established by Hadley v. Baxendale is that a person can only be held to be responsible for such consequences as may be reasonably supposed to be in the contemplation of the parties at the time of mssing the contract. But the application of -The-Argus-is-apparently, undam- his principle to the case of breach of a sub-wet day they were defeated badly. Three

contract induced by the breach of the original contract, was settled in this case to be, "thal the original vendor is to be liable to so much of the sub-contract, as was made known to him, but only to that

aged.

TA CHING BANK.

LAST YEAR'S PROFITS.

[By courtesy of the “Sheung Pu!!]

Peking, 24th October. The Ministry of Finance bus me morialized the Throne to the effect that last year the Ta Ching Bank, which was opened with branches in all the Provinces of China, made a profit of over fourteen million taels.

SUNNING RAILWAY.

BUILDER HONOURED."

[By courtesy of the " Sheung Po.!!]

goals were scored in the first half, one was a mis-kick by McCubbin, and the other two by Taylor who placed the ball beautifully into the net. In the second half the Club tried extent." to score but nothing resulted, and once the ball was secured by Taylor it meant a goal, and this was done three times, when the score was brought up to 6 goals. Without Taylor in the Military team the score might have changed. He, no doubt, played an excellent game on the forward line. Clarks for the Club saved some hard abots in goal.

the cases cited Borrier - 2. Hutchlason and Elbinger. Armstrong, this principle was applied; the original veader was held liable to damages, because, knowing of t'e sub coptract be knew that bis purchaser would have to pay damages if that contract, were brokan. But he did not know of the penalty

clauses in the sub-contract, and he was held to

KOWLOON ra, ROVAL ENGINEERS. The spectators enjoyed a nice game at Kow. loon on Saturday afternoon, watching the abovs match-Both teams put up a very good gamis which was very interesting. In the first half the Kowloonites did well and beat the Suppers' goalkeeper twice. The first goal was setted by Morris after a quarter of an hour's play, and the other was dons by, Wilkie. The Engineers tried time after time to equalise in the first half, but the Kowloos pressed and nothing occurred. When the whistle went for half, time the score stood K. F. O. 2 goals; R. E, o,

|

any case whatever..

DODWELL & CO., LIMITED, Agents. *Hongkong, 25th October, 1909.

TRÄBE OF NEWCHWANG,

OFFICIAL STATISTICS,

[10

We have received the following from the Newchwang Chamber of Commerce

· Reports› having^of late'appeared in the Far Rastorn Press that the trade of Newchwang is declining, the following statistics of Chief Im- ports and Exports of Newchwang taken from Imperial Maritime Customs Retures April- June 1909 will be found both interesting and instructive when compared with those for the corresponding periods of 1908 and 1907, and [convey their own refutation of reports dis- saminated regarding the alleged decline of the commercial prosperity of this Part.

HE Steamship

**WYNÉRIC”.

Intimations

We have received a new

shipment

choice

of extra

gil be despatched for the there Porta, on ENGLISH BACON

will be despatched for the Above Ports on

SATURDAY, the 20th November, 1909,

For Freight, apply to w

ARNHOLD, KARBERG & CO.,

Agents. Hongkong, 35th October, 1909.

15.5. "ARMAND BEHIC”

COMPAGNIE DES MESSAGERIES MARITIMES.

NOTICE TO CONSIGNEES.

(73)

“ONSIGNEES of Cargo from London ex

CO

3.3. Cordowan and. Charente, from Havre of a Charente and from Bordeaux ex 1.5. Ville de Dunkirgie, in connection with above Steamer are heraby Informed that their Goods, with the exception of Treasure and | Valuables are "being" landed, and, stored at ||their-risk". Into," the hazardowy andjor, extra hardous Godowns of the Hongkong and Kowloon Wharf and Godown Os, Limited, at Kowloon, whence delivery may be obtained immediately altos landing.

Optional Cargo will be forwarded on unless intimation is received from the Consignees before 11 AM, TO-DAY, requesting it to be landed here.

Bills of Lading will be countersigned by the Undersigned Goods remaining unclaimed after MONDAY, the 1st November, at Neon, will be subject to rent and landing charges The actual and projected River and Bar All claims must be sent is to me on or before Conservancy mussares are expected to consi-the tst Nav., or they will not be recognized... derably improve the trade facilities_of_the Port in the near future.

IMPORTS.

1709. 257,972 013:40€ 190,9xx 35,6 1,193,066

Cotton Plice Goods Piece Japaness Cotton Cloth... Yards Cotton Yarn............Picute #4618 17.526 57,487 „Gallons 655,500 #00,000 1,915,338 EXPORTS.

Kerosene Oil,

Heancake

easy and ext

be not liable ie respect of there. In Grebert Borgnis Nugent, the Judge who tried the Ciss came to the conclusion on the avidence that the purchaser had told the vendor prac tically all the conditions of his sub-contract, and therefore be was held liable for all dama. ges. Let us see what conclusion we can come to pa the evidace in this case. It is quite clear that Mr. Arndi knew that Mr. Rennis bad a contract to supply ice to Messrs. Jardins Matheson, and that they were the Managers of

..Pical. 3,879,055_5991074 3064,588. the Hongkong Ice Company; and that the

30,158 359,344 1,963,054

5.047

443 #7,160 installation at Junk Bay' was to supply ice to

104,930 #78,116 300,875 fell that.contract. Mr. Arodi says he did not

84.529 173.487 The Ministry of Posts and Comow the details of the contract, or what

0.014 $24.638 DUES AND DUTIES COLLECTED, munications has received sanction the guarantee in fact was, and I have little

Foreign Customs HK, Tacks fle then admitted,

203,712 #13,661 304,355 doubt that this is so.

91,75# 54.512 from the Throne to award to Chinng in answer to a question put to

79.130 him in

Total Hk. Tel. 33.48358,183,457,498 Yoo-hoo, the builder of the Sunning coas-examination, that it was an obvious lo- ference that if a purchaser required a guarantee Railway, a rank of the second class and also the honour of fourth class adviser to the Ministry of Posts and Communications.

Poking, 24th October.

_INVESTIGATION ORDERED.

[By courtesy of the “Sheung Po."] (By

Peking, 24th October,

Maica Aletta Bean Oll

in the second half the table turned and a much faster game was seen; is no time the Sesamum Seed....... Engineers equalised. All thought the Sappor would win but the score stood till the end two all The Kowloon kept on pressing and did not allow the Sappers' to have matters all their own way.

The home team were short of Messrs. Allon

and Van Ginkel, which made a difference to the team.

LEAGUE TABLE.

3

Played Won, Lost, Draws. Foisis

*** 3

2 2

O

O

6

0

O

3

2

2

SECOND DIVISION.

fram his firm he had entered into that guarantee with his purchaser. He added, however, that he did not draw the inference in this case because Mr. Repaie bad not told him about the guar antee.

For the purpose of this argument 1 sball assume that the guarantees were identical, "Buffs" CHINA MERCHANTS' S. N. CO. which they were nai. I do not think that on R, G. A.........

zbe evideaccit would be possible to come to Kowloon F. C. 3 2 I the same conclusion!as Danman J.arrived at in RE, 30-r Nugeot's case, viz, thatthe vendor was informed || H. K. F. C....... 3 Q of all the details of the sub-contracte. Indeed Naval Yard..............' a the evidesce sogatives it. We must therefore see how far this admission of Mr. Arnd's will

The first round of this division was to have carry the pisat.ff. It is true that we held during the trial that we could not strike out the claims finished yesterday, but it proved otherwise. for special damages on this ground, that know. Only one match was played off that of the ledge of the sub-contract might be brought L.RO. vs. 83rd Co. R.G.. at Lyeman. The home to the defendant. This, however, does gunners bad the better team and won by 2 goals not preclude a fuller examination of the questo it. Of course, the Lusitanos tried now and tion now we have all the evidence before us, then to equalise bat nothing eventuated. Sow, in the first place, I think the suggested in They require much more practice before a good ference is not a sound one, in spite of Mr. show can be put up by them, Arudi's admission. Take this simple case. - I. buy a horse, telling the owner at the time that I am boying it to fulfil a contract I have already entered into with another person. Ladd that I

On account of the importance of the posts hold by H.E, Liing, Shih- yi ho cannot proceed to Shanghai to investigate the affairs of the Chins Merchants' S.N. Co.

"HE Li King-tao, a son of the late Li Hung-chang, will go in his place.

OFFICIAL SALARIES,

TA CHING BANK PAVING MEDIUM,

[By courtesy of the "Sheung Po."]

нов

Peking, 24th October. The Grand Council has decided that, in future; all official salaries will be paid through the medium of the Ta Ching Bank.

OPEN-AIR CONCERT,

wast a warianly that it is quiet to ride and drive. I depot think that the inference which the vendor ooght inevitably to draw is that bave given that warrably to my purchaser. But even asuming the defendeals to be bound by Mr. Arndt's admission, which bowever I am not at all pispared to agree to, I am of opinion. that it does bol carry the plaintiff's claim, which is for loss of profits consequent on the cancellation of the contract with Messrs, Jar- dina Matheson, Mr. Aradt was not informed for what purpose Means. Jardins Matheson want.. ed the ice. It apparently was wanted to put on the market with their own in order to supple ment their own supply, which had fallen short of the demand; they had ordered a new plast to meet the demand which was increasing, and hey cancelled the other relying on the fulfil- ment of the contract made by Mr. Rennie. But the ice might have been wanted for other purposes, for which it was quite fitted, for it was undoubtedly a merchantable article, and the absence of any information as to the purpose to which the ice, was ultimately to be put, lets The first part of the programme opened in this-that it was an absolutely necessary with an overture by the Band of the Buffs, inference that the ice would not have been put which was followed by the Song of the Teres on the market in spite of its rejection by dor "Sim, your Toast," from "Carmon," which Messte, Jardins. I do not say that the Milling was song with great gusto by Mr. R. E. White. Co. was bound to do this; it is only necessary. Mr. Donne was haard to advantaga in bear to say that the information supplied to Mr thee calling ma! Mrs. E, G Barrelt, who was Arndt was not such as to exclude the possi- in exceliant voice, rendered a soprano solo eplit-blity of this happening. The long and the led "I Gave You Roses" with fine testo and ex- short of the whole matter is that the contract pression. The "Port and- Starboard Lights" was rather caretoasty entered into by Mr. thes occupied the boards in a sketch entitled Aradt, for which the defendants bave suffered *Ted minutes at Margate," which was an im by Mr, Respie, for which the Milling Co. must mente success. The first part of the pro-suffer. For it is clear that if you are entitled gramme, concluded with a selection from to a certals form of relief if you fulfil certalo “Fans" by the Band of the Buffs.

conditions, you are not entitled to that relief if

AT THE VOLUNTEER HEADQUARTERS,

As a result of the open-air concert which took place at the Volunteer Headquarters on Saturday evening, the funds of the 'Diocesan Girl's Orphanage have been appreciably aug- montad.

3

KOWLOON-Canton railWAY.

Part 11 opened with a selection by iba Band, you do not fulől (bem, which was fuely executed. Miss Parkas and Messrs. R. E. Whileand E.B. Ayristheappeared In a vocal irlo !!I Navigaști," their voices blend- ing in exquisite harmony. Mr. Ayris' "Qö^"] “away Awako" was well received. Miss Parken sung Fosti's" Good-bye" with deep pathos and, la_msponse to anɛencore, gave her old fay- "Durija ** Vella ",in a pleasing style, sad an unjoyabla evening was brought to a close with di salection by the Band. asidagi accompanists warn Mosses. J. W. While

"GOVERNOR'S "INSPECTION,

On Saturday last (4ls Excellency the Gover- nor, accompanied by the Hon. Mr. May and Me, Evan, inspected the British section of the

.

|

Native

LORD KITCHENER'S TOUR,'

THE DELIGHTS OF PEKING.

Peking, October 18.

Lord Kitchener,and party arrived at Peking

on Tuesday last, the roth instant. The journay from Nanking was contioned, right-through-| without stoppingTMst Hankow owing to the

All damaged packages will be examined ou MONDAY, the 1st November, at g⋅ P.M.; No Fire Insurance has been affected.

P. DE CHAMPMORIN, Agent. Hongkong, 25th October, roog

75 cents per lb.

THE

DAIRY FARM Co.,

LIMITED

Hongkong, 9th October, 1909.

ASAHI

BEER

SAPPORO BEER

TO BE OBTAINED

FROM ALL WINE DEALERS

HARMSTON'S

GRAND CIRCUS

Location of our Tents :-

TRAMWAY TERMINUS, KENNEDY Town,

1708

| LAST THREE NIGHT!- LAST THREE NIGHT!!

TO-NIGHT!

TO-NIGHT!

TALKING, SINGING and KNOCKABOUT CLOWN “DICK HAYES.'

TO-NIGHT!

TO-NIGHTI

THE SENSATIONAL NIGHT.

limited time of the special train put at his dis- A well-known Local Gentleman will enter the DEN and drive TWO FULLY GROWN posal.

Lord Kitchener has made a round of calls

TIGERS HARNESSED TO A CHARIOT,

on the Imperial princes and has already visited TO-MORROW (TUESDAY) EVENING, Ooг. 26TH.

the Winter Palace and ibe Summer Palace.

A dionier was given in his honour last night

by Prince Toai Fa. It was a private entertain- meat. The only other foreigners were Sir Jobo Jordan, British Minister, Mr. C. W. Campbell, Chiness Secretary, Culonal O. D. Bruce and Captain Filzpatrick.

Lord Kitchener will have an audience with the Prince Regent to-day; and has arranged to visit the principal porcelain shops during the afternoon.-N. C. D. Neiss,

**The Peking correspondent of the P. & T. Times, writing on the 13th inst, said: Field Marshal Lord Kitchener arrived in Peking yes terday afternoon at five o'clock:

For one match the referee did not put in an appearance and a friendly game bad to be play ed instead of it. The match in which the 3.0.0, was supposed to meet the 88th Cs., R.G.A,, at.| the Military ground, this was also not concluded as the referee and the 88th Oo, were not present, owing to the latter being out practice shooting. As the special train, consisting of only one The oiber match likewira did not come off |çar and the engine, drew up at the railway All these disappointments ́ could have been station from Hankow, a large number of people avoided if the secretary bad been notified, wain present to extend a hearty welcome to Lord Kitchener on his first visit to the Capital.

· On, the platform were Sir John Jordan and the entire British. Legation Staff. Dr. Morrison. two officers of the Cameron Highlanders. General Abe and several Japaneño guard, a' whole Company of Chiness military police with two flage, seváral German officers, and among several high Chinese officials E. E. You of the Boxed of Communications, Colonel Ting and Colonel Tung, of the Military Department:

During his week's residence in Peking Lord- Kitchener will be the guest of Sir John Jordan at the British Legation.

LEAGUE CRICKET.

ROYAL ENGINEERS 96, CIVIL SERVIĊE,"

This match was played on the latter ground on Saturday afternoon. The Sappers went in first and did the good score of 115 rass for 6 wickets; out of this, 39 runs were to the credit of Cpl. McGregor and 38 ip Sergt. Power, the latter was ran out. The Civil Service then went in and all get out for 46 F001.

.

H.K, C. C. VI. GARRISON, These two teams met in a friendly game' at the Cricket Ground. The garrison compiled 181 runs in the first lunings, and out of this r27. | runs were scored by Capt. Baird. The Club's innings was not completed. When the rala started stumps were drawn, and one wicket was down for 1g run.

CRAIGENGOŴER C. C. v. Bios Ci This friendly game wax concluded on the former's ground. The Craigengewers went in first and scored 118 runs, out of this 43 Was done by G. A. Hancock and 47 by L. A. Ross. S. B. Battliwara and W. Wong bowled wall for the Boys. At the beginning six wickets drop ped' for ag rugs, and later co when Haathi and Rose went in the scores changed. The Boys were all out for 32 sana,

BOYS OWN OLUB,,

PAPER CHASE,

CHINESE HOSPITALITY.

Peking, Oct, 20.

GRAND COMPLIMENTARY BENEFIT OF THE HARMSTON-LOVE TRIO.. JENNIE, WILLIE and NELLIE,

(BY SPECIAL REQUEST)'

THE AMATEUR

CONTEST

On the revolving Table will be repeated. WATCH FOR OTHER EVENTS,

SPECIAL MATINEE:

And Absolutely the Last of the Season

TO-MORROW (TUEsday) afternoon, OCT. 26TH.

Grand

Wednesday Night, Oct. 27th.

Complimentary Benefit tendered to Madame HARMSTON-LOVE. COMMODORE LYON & the Members of the Hongkong Gymkhana Olub. Booking at ROBINSON PIANO Co., Ltd. NOTICE-Special Trams running before and after performance.

COL, BOB LOVE, MADAME, HARMSTON-LOVE,

Sole Manager.

UNDER THE Distinguished Patronage of

Propristress. Hongkong, 25th October, 1909.

DR. MACH

ENZIE'S

Sir Jean Jordan, the Britisk Minister, gavp a' BURTON ON TRENT

banquet in Lord Kitchener's kosaur on Monday night, when he entertained the Im- parial Princes and the members of the British Legation

Yesterday Lord Kitchener spent in visiting the Temple of Heaven, the Lams Temple and

attended a banquet given in his honour by the the Temple of Confucius. In the evening, be“ Ministers of the Waiwapa and of the Board of War

To-day Lord Kitchener inspected the new regiment of Imperial Guards. To-morrow he will are for Tientsin where he will call upos Viceroy Taxa Fang, and H. Tang Shao-yl Lord Kitchener will leave the same night for Port Arthur by special train, C

SPECIALLY

BREWED

FOR THE EAST

INVALID

STOUT.

E. ALTOE, Advance Representativa:

DR. MACKENZIE'S INVALID STOUT.

ANALYSIS OF TWO SAMPLES OF THE STOUT BY THE GOVERNMENT, ANALYST ON THE 8TH Our BER, 1999,

100 Fluid parts of the samples contain ****

Solid Matter

5.00 4.97

Free Acid as Acetic.

21

31 81

Ashi..

Percentage of Alcohol. 5.65 5.50

Specific Gravity at 15.5°C 1,009 1,009. Arsenio

Absent Abeant

The Government Analyst certified that the results showed that the

Lord Klichener's reception at Paking has been most cordial.;, The Imperial Opurt: ban shown every appreciation of his world-wide Samples were both good and sound, reputation.—2. C. D. News, "

The Boys' Own Club hold their first paper chase meeting yesterday staring at 9 p.m. in. stead of E15 as most of the competitors did not tam up at that time. The mace started from the monument at the City Hall op Bat- tory Path, Lower Albert Road, Glenealy, then on to Caine Road and finished at Broery Point. G

| Kowloon Canton Railway as far as Talpo. The one sighted the hare first was 1. L. Golden,

re: Grimkie, to whom a word of thanks "The sixt day His Excellency and party zable manner in which thay dis- | faspected the railway works from Talpo up to

the Chinese (rontier,

big who scored a point to his condit, kus van Big

.... The next meeting will take place baran

INTERPORT, CRICKB2.

| SINGAPORE'SELECTION COMMITTEE,

Capt. E. 1. M, Barratt und Mësuars, L. Walker, #BIE]ns. D. R."MoHnan and V., H.

Blected to act na the Sale: for the Iutary

14 taka

Hongkong

Per Dozen Quarts ...

Pints Splita

Bole Agents

$4.65

2.60

1.78

H. PRICE & CO., LD.

WINE MERCHANTA

It Queen's Rond.

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