1911-05-08 — Page 5

SUPREME COURT.

out of the sampan he was by no means free, and it was no easy matter to make up his HONGKONG BANK SHARES.

mind wlint' course to tako.. Whilst on the horns of this dilem- ma ho ospied on the slope of the hill rising from the shore two men whom he took to be Chinese

1

WHO IS THE OWNER?

A rather important question

THE HONGKONG TELEGRAPH MONDAY MAY 8 1911

to emphasizo, and rightly so, the danger of this views I hold on the matter, but it's fifty times as dan- gerous to the other side.

Mr. Potter-The point goes to the root of commercial matters.

His Lordship Thiere must be

the shares.

J

HINTS ON HEALTH. FROM THE MEDICALPAPERS AND OTHER SOURCES.

tary origin, is, of course, the exclusion of formentable foods

from the diet... Since individuals differ materially with rospect to their digestion of different foods, their tolerance for the various foodstuffs must first be deter- A proper use of cold water apmined. Boas has found magne plications "hardons"

persons sium salicylate the bost anti-

"CATCHING COLD.”:

1909, an originating summons His Lordship-You are trying was issued. These proceedings wore started by way of an origina- ting Bummons, Ohion Nu Ying being plaintiff and the only do fondant being Wong Shi. On the 17th February, four days later, an application was madeex-porte and merchants. Their attire was pregnant with probable far-rench- the result was that an order was something to justify your title to with a tendency to "catching fermentativo drug, with the different from those of the fisher-ing issues to the business com- to deliver the shares of which he made calling upon Chan Wai Chi men, and as events turned out his munity of Hongkong came up had been the registered owner for

Mr. Potter-There's nothing cold," says Dr. E.A. Tracy, so particular advantage of pot surmise was corroot, Bolieving

but the assignment,

that in a short time they become causing constipation. Ho usos that in their company he would be for discussion before the Chief two years within twenty-four

it in doses of 15 to 30 grains. safor than with the piratical gang, Justice, Sir Francis Piggott, at hours. At that time, he was not His Lordship-There must be able to withstand ordinary atmos-three times daily. Whore com- in whose prosence he was, he ran the Supreme Court this morning, a party. A subsequent promp- something, even if it happens to pheric changes. Before begin stipation sud catarrhal inflamma- to them and by means of signs sitting in Original Jurisdiction, him to produce the shares. Mr. Potter Thora may bosoms examination should be undergone, flatulence, small repeated doses

tory order was made calling upon be the Bank's stamp.

ning the treatment a medical tiou are associated with the tried to make them understand-when-Chan Wai Chi filed a suit upon pain of committal for con mark on the probate. (After and the condition of the vital of castor oil are recommended. liis plight.

The shares consulting papers) Yos, the pro-organs, especially of the heart, CASTOR OIL AND THE HAIR. What would have happened against Chan Nu Ying for the tempt of Court. and le venused among the trial of an issus na to the owner-woro produced and had since bate doos bear the Bank's stamp known. The process is gea-

Dr. R. W. Leftwichi, in rogord pirates there is no saying, but ship of certain shares in the been kept by the Receiver. Sub

Proceeding, Counsel pointed dual; it can be made to sequently, Chan Wai Chi was

dolionte constitu-

to his book on “The Preservation fortunately this was not to be. Hongkong and Shanghai Banking added as a defendant, Yo out that the effect of his Lord suit even a To the credit of the two men whom Corporation. Mr. Eldon Potter, Lordship must see that at the reaching. It would deprive: avonture a half-bath every third

A delicate person may Pharmaceutical Journal" that ship's decision would be very far- tion.

of the Hair," points out in the he now asked for help, be it said, instructed by C. E. H. Beavis, of time he was deprived of the person, of his rightful property day, one time the part of the body us advocay of cutar oil in pag- that they behaved well to him; Messrs. Wilkinson and Grist, ap shares ho was the legal owner of unless he could prove something about the waist being bathod, and ly due to the fact that it is practi- ovon beyond the ordinary. One peared for the plaintiff on the of the shores. He simply handed of them want back to interview issue and Hon. Mr. U. E. Pollock, them over imply handed or other to justify his title to the the next, the part below the waist- cally the only oil that will dis- the islanders, and then they K.C., instructed by Mr. W. Hind, being in prison. That was the property, of which he was the line. The bath in to be of the solve in spirit (1m 31.2). He indicated to him that ho should of Messrs. Brution and Hott, ro-position as far an Chan Wai Chi registered, and, in the eyes of the briefeat duration, oach application expressly states that "it has a

presented the defendant.

law, the legal owner.

not exceeding five, or, at the out- tondency to mat the hair unless

dissolved in spirit." His Lordship-The point is side, ten seconds. In going over quite clear. I think your title the surface of the body the scalp to the shares is liable to be upset should be exempted. Before ap unless you can justify it in some plying the cold water the body way or other

should be warm, if possible, brought to a moderato glow by water be applied quickly on top of the exorciso: then dry the skin, warm reaction is aroused. dress, and again exercise until a

When the patient has alter-Standard."

4

',

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accompany them. Thoy procooded

was concerned. It is admitted over the hills, and after about an Mr. Potter stated that that was that Chan Wai Chi is the legal hour's walk arrived at a small an issue as to whether the defend-owner of the shares and it is for village. Overnight the ship ant Chan Wai Chi and, through the plaintiff to prove facts which wrecked man was accommodated him, the mortgageo Ho Man, was will go to deprive him of the in the house of the merchants, entitled to the possession of 24 legal registered ownership of the where he was most hospitably shares in the Hongkong Bank and shares. You'll be putting mo in treated, and the following mor- 12 new sharos which had been an absolutely impossible posi- those unfortunate persons who means of active exercise. Lot tlio quantity of which may be carried ning they embarked in a junk and issued by the Bank. That issue was tionif I've to disprove a caro which has never boon proved. Oban Wai Chi's position is impregnable, Mr. Pollock-I sont a lotter ad-

set out for the mainland. Forsix the result of an order which was made by his Lordship on the 6th January, 1911. Ho represented

or eight hours they sailed, and as night was drawing in landed at a small village, the name of which cannot be stated with accuracy This was on Tuesday night. Next morning one of the mer chants walked with Arundel to Haimun, which was reached in about eight hours' time. UNDER GUARD TO NINGPO,

'

both Chan Wai Chi and Ho Man,mitting the rogistered ownership and his friend represented Chan but I never suggested that another Nu Ying, the defendant on that issue who was plaintiff in a pre-party should be the plaintiff. 'vious action.

4

His Lordship-The estate was At this point, Mr. Pollock rais-the owner of the shares prin

od the question of intervention and the Court engaged in a die- cussion which sted for some timo.

Mr. Potter said that he thought it would parlaps be better to state some facts brielly.

Ilis Lordslap-Does it roully matter? think it would really bo in the intérests of your client Ho Man that he should stand out of this case. There will be com- pliented costs.

Mr.. Potior-This issue has arisen out of a letter which was written by Messer. Wilkinson and Grist ou bohalf of Ho Man as his solicitors. It's really a result of that lotter that this issue was directoll on the 6th January, 1911. That really was the start of the whole mattor.

After some discussion, it was agreed that Ho Man should raise his own issue.

By a piece of the greatest good; luck the merchant carried with him a amall English-Chinese die- tionary or text-book, although he, was unable to speak a word of English, and by inoans of thisbook, by pointing out to him the word Shanghai with the Chinese char- actors opposito, Arundel was able to convey to hini where he wanted to go. Evidently tho merahani intended bringing Arundel to Shanghai with him, but at Hai- mun a difficulty arose. Here thore was a man who could spook some English, and in the course of two conversations Arundo! learned that ho could not proceed further without the permission of the senior local official who was at Ningpo. Ile was told that a mess- ago had been sent to him and that he would be shipped to Ningpo on the Friday Friday came, but there was no sign of us going to Ningpo. Ho found himself to all intents and purposes a prisoner, for while he was allowed to walk about he was over boing witched, On Monday night, however, ho After further discussion, it was left on board a small Chineso finally agreed that Ho Man should stan aside and in, the evont of atonmer, and next day reached Ningpo. loro a foreign officer is being entitled to argue his was waiting for him at the jetty, title, then corroborative evidence and he was soon being interviewed could be called. by the British Consul. Arundel Mr. Potter-It was really are was clad in his ordimiry engine-sult of that letter that Chan room rig-out, and the Consul Wai Chi was made plaintiff in this kindly provided him with a suit of clothes. He left Ningpo on Tuesday night, and arriving in Shanghai concluded the nost adventurous ton days of his life, part of which-ilio worst part was speut among people who to his eyes were little bottor than saragos.--"North China Daily News.

'LOG BOOK.

The British steamer Inveresk, convoying two thousand tons of raitway pontoon materials to Japan from New York, has struck

į

is Lordship-I think it would to run on and then adjourn for save costs if the proceedings were day or two in order to allow a formal issue being framed..

facio.

Mr. Pollock-It does not matter who was the registered ownor. The question is whether he can provo a title which will displace

the title of the boneficiaries under tho will.

His Lordship-Now my mind is clear.

Mr. Potter-The exccutrix was entitled to sell any portion of the ostate to anyone she liked. Un less my friend can prove fraud, he cannot attack Chan Wai Chi.

His Lordship-If there has boon subsequent charge, I cannot say whether prima facio cuso has been made out.

Mr. Potter The fraud consists of this that the shares were not sold at all.

His Lordship-There's a con lict of two prima facie titles. Now I'm coming to the position I've maintained right through. the defendant.

Mr. Potter-Chan Wai Chi was

aly why I made him plaintiff.

His Lordship-Now I see clear

case. There are certain allega- tions of find against my client, My friend is trying to make mo answer the fraild,

! Mr. Pollock-I don't know if my friend is trying to alter the Ordinance.

Mr Potter-Let us go back to 1900. A man named Chan King Ting died on 31st July, 1000, at Chofoo. By his will be appointed Clan Wong Shi-

Mr. Potter- your Lordship in against me, then there would be no safe guard for any man dealing in any way in sharos.

His Lordship-I quito agres, Mr. Potter-It comes to this that any man can be called upon by a beneficiary how he has come to be in the possession of shares. Bis Lordship You're opening up a large field of discussion of the law. You are trying to prove your case on a points of law.

Mr. Potter-No, I want plain- tiff to prove his case,

I

Mr. Potter-Whint about all

buy the property?

point.

helped. A hundred subsequent His Lordship That can't be

tion good which was originally transactions don't make a transno. bad. I'm quite satisfied on the

the box and tostified to the death Chen Wong Shi was called into of Chan King Ting, the testator in on the case: connection with the will bearing

CHINESE REFORMERS AND ENGLISH TRADE.

ད་

nated half-baths every three days for a month, he may increase them to one overy second day, and ventured daily until, finally, he is after two weeks, one may be "hardoned" to endure the whole bath.

THE "NEW HYGIENE.”

Reference is made in the "Medical Times" to a book which advocates what is termed the "now hygieno.” The gentle- mon who wrote the book are

•

BREAKFAST.

taining 4 dozen quarts or 6 dozen pints. Hongkong, 7th April, 1911..........

LOST.

of Parkside and Kow

Many people find that they work more effectively by skipping breakfast is their best meal. This toon Cricket Club or on Star Ferry, breakfast entirely, other find that SUNDAY EVENING 1 is usually a matter of habit, but ONE GOLD DIAMOND CUFF one thing is certain-namoly, that LINK. Liboml Reward will be paid people with woak digestions find for the return of same to the morning meal, if it is a hearty

H. J., ono, the most difficult to handle, ofo South China Morning Post. T1115 and consequently learn to make it Hongkong, 8th May, 1911. very light or to skip it entirely.

To-day's Advertisements

The Continental way of break- At first glance, writes the Lon-living at present in a climate fasting on a weak cup of coffee don correspondent of the "Man-noted for its sunshine and and a roll has much to recommend oltester Guardian," there does not warmth, Little wonder tlion, it, says the "Health of Home," Boom to be much connection commenta our contemporary, that especially if it is the habit to oat they are able to live on two meals a hearty dinner in the between the Chinamen's queue a day, consisting of nuts, veget middle of the day. This applies and the Manchester trade, but Iables, and fruits.

especially to people who not get sentative of a Manchester firm who aging, adds the "Medical Times," was informed to-day by a repre- It is positively absurd to im-up very early in the morning.

that Englishmen and women can oxist on such a diet. Here the olimate is a variable one, and in winter, especially, no enne porson would dream of attempting to live on two diets a day, without even fish or chicken, let alone red meat. Vegetarianism may suit some people, but it certainly does not Buit all; we would, howover, re- quire to live in a much more temperate climato ore we would venture to adopt the now hygiene," however suited it may be to tropical regions.

*

has just returned from the Far East that if the cutting of queues by the Chinese becomes gonoral it is likely to have considerable effect upon the trade in woollens and cottons. He has

observed that the Chinese re- formers who have forsworn their queues have adopted European

dress, and are earnestly advocat ing their principles among the unconverted. So far the refor mers have only a small following, but if the movement grows Brad

#4

"STEADY." NERVES.

SOCIETA NAZIONALE DI

SERVIZ MARITTIMI.

NOTICE.

F. G. ALLEN.

THE Undersigned gives notice that from this day, he will not ba responsible for any debts contracted by his wife JERONIMA ALLEN. Hongkong, 8th May, 1911. [1114 NOTICE TO CONSIGNEES. ТЕЛ

'T. & O, S, M, Co.ʻ■ Steamship

** PESHAWUR" : FROM ANTWERP, LONDON, MALTA, PORT SÁID, SUEZ and STRAITS. Consigneos of Cargo by the abɔva- named vessel are hereby informed that thoir Goods are being landed and

STEAM FOR BOMBAY VIA SINGA-placed at their risk in the Hongkong

PORE AND PENANG.

And Kowloon Wharf and Godown Co.s Godowns st Kowloon, where moh Con-

Having connection with Company's alignment will be sorted out Lask by

Mail Steamora to Port Said, Mark and delivery sa be obtained as Messina, Naples, Leghorn and the Goods are landel Genon, alto Venice and Trieste,

up to Callo.

Optional Goods will be landed hiera all Mediteranean, Adriatlo, Levan-anless Instructions are given so the tine and South American Ports contrary williin 6 hours.

Goods not cleared by the 12th inst., (Taking Cargo at through mies to at 4 p.m., will be subject to rent.

Persian Gulf and Bagdad, alro Barcelona, Velenza, Alioanto, Almeria and Malaga.)

Excessive mental" strain ac- companied by depressing environ ment, insufficient income, worry and neglect, may all conduce to a nervous condition. On the other hand, however, excessive "phy- THE Steamship sical" strain will have much the same effect upon the nervous system, says the author of "How Capt. Figari, will be despatched as to Strengthen the Nerves." Aalore on SATURDAY, the 18th Inst., sufficient amount of muscular at Noon.

"CAPRI,"

ford stuffe will be asked for in place of brocades, figured Venetians, and better-class Itali ans, which now go to China in large quantities. The big trade in greys and whites would also be affected. These materials are at present dyed for the purpose of making into garments for the lower-class Chinese, and it seems probable that this class would wear cotton coatings, denims, or dungarees in place of their pre-activity is essential to everybody, For further particulars regarding

but exertion should not be over freight and passage, apply to

CARLOWITZ & 00., done, orinstead of being of benefit

Agents. to the system generally it becomes Hongkong, 8th May, 1911, the means of inducing nervons exhaustion..

His Lordship-Thoro's an es santial point you must prove-sent garb. where did you got the shares from?

Mr. Potter-No, my Lord. Mr. Pollock-Under what cir- cumstances they were obtained.

Mr. Potter-

Виррова after

Mr. Pollock-I think it would a year he sells the shares simplify matters if we call them and so on, you'll be getting the by their lust two names. They person who may happen to hold tion of not being able to prove how

uro all Chan18

Mr. Potter-Certainly. Proceeding. Mr. Potter anid

the shares in the unfortunate posi-

he got them,

His Lordship How did the re-

Mr. Potter-There was a trans-

a rock off Mozambique, The de- that by deceased's will, he ap-gistration came about? lay caused by this accident moans pointed Wong Shi, his con- that the restoration of railway cabino, hia executrix. Part fer. communications in Japan will be seriously affected.

DELAYED MAILS...

MANILA MERCHANTS MAKE

is

COMPLAINT.

ax-

If we could only be persuaded o take "enough" exercise and enough" pleasure and excite- The question of delayed majlsment to gently stimulate and not just now agitating the minds of to injure the nerves, and just sufficient food for the require- merchants in Manila. Recently ments of the body, and no there have been frequent cases of cess" of food, &c., then half the! freight arriving in the Islands be- battle towards gaining "standy" fore the invoices sont by mail.

nerves would be won,

·TRIMMING THE NAILS. Major W. H. Anderson, of the

For sore toes from ingrowing of the estate left by the testator Mr. Pollock-The transfer was well known firm of W. B. Ander-nails the "Family Doctor" re- King Ting consisted of 24 shares made for a nominal consideration son and Oo, cites the case of a commende daily applications of in the Hongkong Bank. To of $101

large quantity of mail that was hydrogen peroxide and the wear- wards the end of 1900, the shares Mr. Potter-It does not matter. forwarded from Hongkong recent-ing of a loose shoo. It often hap to Chan Wai Chi in part payment friend: Your Lordship must see port at 1 p.m., instead of on the the nails is responsible for this were transferred by the executrix That's a matter for attack by my ly on the Yuonsang, leaving that pens that improper trimming of of monies advanced to the estate in what an awkward position my Zafiro, which left at 4 a.m., on the trouble. Where the difficulty in by the latter. Early in 1007, friend is trying to put me in. He's same date. The Yuensang takes long continued, place a eunall Clan Wai Chi became the regis trying to got me to disprove a case about 70 hours to make the trip pledget of cotton under the nail. tored owner of the Hongkong of which I know nothing.

while the Zafiro makes it in 50 to To remove the soreness, moisten While the M. M. atr, Australion Bankshares. Although the exaot His Lordship-It's quite cloar: 60 hours.

the pledget with vaseline on which was coming up the river at Shang, date was not admitted, the fact you must justify your title to the It is suggested in Manila that has been placed a drop of spirits haf on Saturday wook, she had a was admitted in an affidavit filed shares. That's the whole quesa government official of the bureau of camphor. By keeping the cot narrow escapo" from colliding by Mr. Heit. with tho str. Kobe Mara, which;

tion. I should have thought the of popta be sent to Hongkong ton under the nail for a little Mr. Pollock The date is March, first thing you should have pro-whose duly it will be to expedite while, and trimming the nail was lying at the N. Y. K. lower 1007. I agree on that point, duced was the probate. On the these mail transhipments, in square instead of rounding, it is wharf. When only about twenty! Mr. Potter-In September, fass of it, you are not entitled to see it is inexpedient to have the likely that it would soon grow out feet distant from the Japanese 1008, in security for a loan of the shares.

matter attended to by their and the trouble will be removed. esmer, the Australien grounded. $11,000 Chan Wai Chi de Mr. Potter I don't know what American consul there or by some FERMENTABLE FOOD, the lost an apelor and chain posited the shares with Ho I have to prove. There's the of his employes. PORN Professor Boss, of Berlin, statsa' which will be recovered shortly. Man Chathis not very important probate, the assignment and the The Manila officials are now in that the Jending factor in th The M. if steamer was eventually, bub iisle ann. Incident in the certificate of shares. There communication, with the Hong-treatment of the more comp foted to a sale mooring vlade, case On the 18th February, proof perfect,

kong Government.

forms of fistulence, that of

Captain Lincoln, after thirty four years in the service of the C.MAN. Co., his last command being the sloamer Kwanglee, has

· retire ] from active servico.

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

Damaged packages must-be-lait-in- the Godowns for examination by the Consignees and the Company's su Teyors, Mears. Goddard and Douglas, at 10 a.m. on Mondays and Thursdays. All Claims must be presented within ten days of the stammer's artival here, after which "Isto they cannot be re- cogalsed. No Cistus will be admitted after the Goods have left flis Godowns.

E. 'A. HEWETT,

Superintendant.

[10 Hongkong, 6th May, 1911.

CLUB WHISKY.

CLUB WHISKY.

H. PRICE & CO. LTD...

Hongkong, 8th May, 1911.

HONGKONG.

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