1911-06-03 — Page 5

A

Must fenerally be Performed,

THE HONGKONG + TELEGRAPH SATURDAY JUNE 3 1911.

1

It Was Refused.

cretion of the judge.

His Lordship: No,

Mr. Alabaster procoaded arguo his point when

to

Proposed Commission

to

an

of the order that the defendants)

PRISONERS. Regulations Drawn Up. When H.E. tho-Cants a Vice-

208

COMMERCIAL:

Shanghai Trade' Report.

negotiations with the Governor, well known brands, and generally copies of correspondence of in to small quantities to mally changed between him and the

Outports.

tor with the powers inherent to a not terminated the charter, they mount of the money 14d as with the defendantscould examina between every stage of the action the Hongkong Authoritios re-nifest all over the country..

Court. But, quiously enough, when it comes to the statement of

ja right to cancel the charter party

•

mont must be

SUPREME COURT, sure as a first class risk has If they carry on there las boon no Mr. Alubastor: It is an appeal could wind up this company and HONGKONG AND CANTON

occurred abroad. But may they breach of the charter party and as to a matter which is in the dis- form a new one or else ho could The Charter Party Case

postpone the actual cancellation consequently no damage for

change the existing articles. An Important Shipping Decision of the charter until the end of a breach, subject, of course, to the

Plaintiff bough shares on the Voyage on which the ship then is intervening period from 3rd

condition that he should be made Ar interesting decision was Will this be an immediato rescis April to the present time. With given by his Lordship the Chief

a director, with proper articles of roy took up his soals of office, ho

Mosars. Nool Murray & Co.'s or will it be a waiver of regard to five, I think they sion, Justice at the Full Court Tuesday their right to roseind? There is aro not entitled to terminate the order in chambers as to costs.

His Lordship said: This is association. Col Midwood was found that there were some oli last roport on the Shanghai pieco

not made a director as promised, stacles in the arrangements which goods trade says:-- morning, in the matter of the

no decision that I can find bear-contract. But with regard to Mr. Alabaster: I should say the articles of ssociation wero had been arbitration concerning a chartering on this question. The only one, a condition precedent though there was no appeal at all, but not changed, net did he receive tween the British Consul at

arrived at bo- The market is decidedly quiot, party between the Java-Chine Japan Line and Olaf Wijke and question, therefore, in the al-it gives, when broken a right to certainly not without leave.

any dividend with respect to the Shuuneen, and u. former Vicoroy so far as froul transactions go, so-jeo of express authority in whe-resind, does not thereby pre Mr. Ainbustor's objection was shares which he had bought. Co., China Agencies, el. The ther the chartorers were within clude damages being given if the not upheld and Mr. Pollcok pro

regarding the extradition of pri- buyers boing very chary about arbitration case had been heardf

Mr. Alabastor continued that sors from Hongkong to Canton.. paying the high prices holdors are and a special caso stated. Her rights in what they did charter is not restinded. Thoroceeded with his cus

the defondant subsequently issued During the last visit of H.E. Sir asking in consequence of the very hink they wore. The ship fore I answer this question in the Lo said that this was an appeal 105 debentures at $1,000 eur. Frederick Lugard, His Excellency strong attitude of the home mar- Mr. H. E. Pollock, K.C., (instruct- was 70 vaynge, they give alliuntive, 1 lavorouson to from that partol the Chief Justice's He understood he issued 50 of is alleged to have promised tho ed by Mr. J. Scott Harston, antice at uneo, but the post-doubt that the excess pronium prdor under which the plaintiff these sliares to himself, and the Viceroy that he would revise kuts. But what with the forward. peared for the charterers, the junemdet of the Tancolla-hus beon paid us alleged, but should not be required to give others, as they alleged, to the arrangements in Java-China-Japan Lino; and Mr. Fon fill the emulusion of the then documentary evidence should be security for the costs to bo incurrod nominees of himself.

connec-purchases still uncloarod and the Eldon Potter finstructed by Mrvoyage seems to be reasonablo adduced for the satisfaction of connection with the

tion with the dolivory. of pri- ample supplies offered at the re- G, Hastings), for Olaf Wijk and from the point of view of all par- the Registrar. Now as to costs,

The Puisno Judge- have sonors to the Chinese Govora.gular weekly auctions, thoro Co.

read these atidavits shortly. Whyment. Somo time ago, Tautai ties; it is not an arbitrary period, how does the matter stid? The take evidence in England. The are you reading thour now? His Lordship's Decision.

but one which will prevent very Jaya Lino claimed omething to second point was from that partod stated that Colonel Mid-Kowloon Railway (Chinese See-sollors find it difficult to attract Ngai lion, Court Conncillor, and seems to be no troublo in satis His Lordship, in the course of his decision, said: This is afterwards. Then there is another

coniplicated questions arising which they were entitled, and .-

Mr. Alabastor-Because my former Director of the Canton-fying the demand, and private special case stated by the arbitra-point. It wasurgued very strong-

should take certain shares in the wood could give his oridonce tion), was dispatched to Hongkong any adequate attention to their 16rs in an urbitration betarren the

This let them to claride, some defendants' company as security before a commission, and would by the Viceroy to consult with the holdings. Thoso, it is true, con- Java, China and Jajan Lijn ang "When a contract has been

artly performed and the saler thing to which they were not for the sum of $3,700 being the not come back loro. I hope to Governor over the revision of the tain facts ware agreed upon beeind, that promise, Messis, Olal Wijk and Co. Cortion for a promise in urte entity. think the most equi-amount of additional costs of the show that the nature of the action arrangements for sending back sist to a large extent of con- cireun-commission. On February 22nd is such that if he did not come prisoners to Canton. The Tuotai signments of miscellaneous table thing in the tween the parties as to which,

stances, 110715 esperially as of this year Messis. Brutton and back here, as he has always said has now submitted a report to His descriptions very hard to dis- ` down to Na, li, i have nothing to

yhere fad been come arrangement Host for the defendnuts applied to he would, both by allidavit and Excellency the Viceroy, of his pose of in compotition with say, but asto 7 and 8 I must point although in differout endi- Suade to sell the ship, is that each the Court for an order routing otherwise, so much comment out that they tires not lacts agreed thus from those nativipatest: party should pay his own cists that a count on should sue would he sale of fint fact that upon; they deal with a certain the remedy then is in dun throughout, and divide the costa for the examination viva, voce of

chances of sucre a wouki bo procedure which has been agreedļages." But it is clear that of the arbitration.

witnesses in theaction in England. Very Much Diminished. Colonial Secretary, and a list of it worth the while of the private upon between the parties; if I am right in my view that Me. Potter: Your Lordship It was very important that their Your Lordships buvo to take into the new rogulations governing native operators to try and find a That the Court is to decide who there is such a thing as a con- mens that we both pay our costs Lordships should perceive the consideration what the man is extradition of prisoners, market for. The greater part of is entitled to the costs of defining condition precedent, then throughout, including the arbitraatinde taken up by the plaintill It is stated that he is a Colonel and the dispatch of detectives the goods coming in under old arbitrations and that the the principto above referred to tion?

the master. The plaintiff dein the Army, and retired. It is from Canton to Hongkong, or chops are already sold to arrivo, Court shall give judgment in the cannot apply, for the en His lordships. 1, drive, no sired to join in the commission, admitted that he brought a simi- vice versa. The Viceroy has and are mostly takon away as soon matter without reference hack in of such a continuing condition jurisdiction whatever, I only do and hisficitors consented to the lar action to this in England;refully considored the now as discharged from the ship. the arbitrators so that the a-involves the part performice of it by the consent of the proties. oplinary order being made, tuttat he and other people mude arrangements, and found thein This promises to be the chief bitrators pass on to the Court the a connet. The questions sule Mr. Potter: And your Lordship The costs of the commission should ular complaints against Romicably practicable. His Ex-feature of the trade this year, whole of the reference except as! mitted to arbitration are these holds that they have to carry of ¦ be posts of the ense.

bin.on.

These actions dragged cellency has instructed the Tuotai and recently has evon oxtonded to certain Bindings of fact. 1) Whether the owners are liable the charter. It was expicly On March 17th Messrs. Brutton on owing to the action of the de-of the Constabulary to go to to American makes.

Legal Explanation.

to pay the charter's any sums for stated in open Court that since the and Host replied agreeing to that fondant. He was in England Hongkong with Tholai Ngai Hon, The point did not arour to premia zaidi on the insurance of rd April the climater was in fiet and agreed that it was unnece

when thongtions were commoneal, and personally discuss the now me during the argument, but the cargo of the súd vessel; (2) torminated.

There is no special or further it is advisable that -1 should! Whether tho charterors have tor-

wey 19 Take Counsel into chambarag and after that the defendant came measures with the Supt. of Police. IPS Lojdship; Subject of in the matter. Orthosime date to this colony,

His Excellency the Canton Viceroy news from the out-ports, the mention it because I havo, al- minated tho charter; (2) Whether cony to arbitrations going on, there was an order flod in the Mr. Pollock-This is not has appointed prospective Magi- general complaints of the door- most I doubt at al that they wore entitled to terminate it: Mr. Poster: I don't think that Court with reference to the com-on affidavit.

strato Ng Kwong Chung ns specialness of rice being partly off-set by thise unot be done for the simple | 4: Whether, if they were not entit was originally intended.

mission: The order was made reason that the Court-cuit as-lod to terminate it, they are

Mr. Alabaster: am not sug-deputy, to bo permanently station- the almost universal satisfaction Mr. Pollock; There is the re-and filet giving the plaintiff sume jurisdiction to decide a case indebted, to the owners for ference to the Registrar es to

gesting that he did wrong ined in Hongkong in charge of that is expressed concerning the by ensant of parties unless it is damages for breach of the charter damages.

Absolutely Identical Rights

coming to the colony. The re-the affairs of sonding prisoners prospects of the spring harvest, ngularly invested in the party45) Whether, if they have

sult of histoming here would from the Colony to Canton, and even that is powerless to allay with those conferred upon the His Lordship. I think the defendants. The plaintiff oqually

mean about; two smonths' delay of direct communication with the deep-seated discontent that is are entitled to terutiuate it. As extra premium should be proved,

The ten season bas commenced in-England, benuse communica-garding the same. The Viceroy avo sail, i think that in normal 1 think son documentary evid:any witness, under the commotion had to pass between the de-hus instructed the officials in with considerable promise, and questions on the facts found, the eisenustmers, the dava Line halen o should be pattucel

sion, whom he desired. It was fondant and his solicitor, character of the case stated alters,

charge of the apprehending and for the weather, has been very important to remember that al practically all the questions on the termination of the voyage that the ve› al has been clirten for home and there was absolutoly | the Colonel returns or cl, or places in the Province, the naval wards bottor trado conditious Mr. Potter informed the Cat the plaintiff bad left the Colony much regard on the fact whether for at authorities of the different which should largely help, to- His Lordship: don't put capturing Bureau to notify the most favourable for the silk crop, which arise in the case as I bave the ship was then on. I do not again, on the statement made by necessity for him to return, whether he gives his evidence in authorities, and the military generally, but deferred untester considered it are ineluded in the think this was affected by the his bed friend that the criThere was no necessity for him England. The pat we have is authorities commanding the gar the settling day, questions propounded, subject al- first part of the correspondence: ter had in fact been terminat to take what would be an ex- that the two parties consented to ison that, in futuro, if they want ways, however, to the raleceuro uf both the parties had expressed Is Landship, in answer to fur- the question, of custs to the Court their confidence in the vessel, and ther argumont, sid he thought pensive stop, viz., to come out to the order.

to dispatch dotectives and in- which are within the sofe jurisdie-the charter party being then would be best for Counsel to refor the purpose of givingovidence wond's presence here is not report samo to the Bureau which, Hongkong and back again sololy Mr. Pollock Colonel Milformers to Hongkong, they must running, the condition may be over the judgmentally, and in the action. All the ovidence equivalent to $4,000 to the Ite turn, will inform the Special No Express Authority" sud to have continued, But the then other mats which they which the plaintiff desired to give gistrar. I understand the enso Deputy stationed in Hongkong. Paving said this for guidance fosition of alfairs entirely alters||||| in the Inture, I shall dead

ould be himself under the conanission, ho

Rod Stanton, who lost to, Lowis with the case stated, and in

could give, any witne which was stayed at home. There was The following is a list of the new

regulations freely translated :----

on points in a 25 round contest in no dragging on. the matter of custs I shall,

ho desired could be examined at

Mr. Alabastor said it was a net the parties consenting, deal with

(A.) Both the Hongkong aud Jamary last, has returned to home and any transaction or that Colonel Midwood did stay the Canton Governments shall hereby Hongkong from Manila. In the thom as I think the arbitrators, and come to an understanding

alleged transaction in the state-actions at home, and came out hore send respectively, a polico-delec- Philippines ho bus had a success should have dealt with them on to the sale of the ship.

ment of claim, could be investito start the action.

ive aboard the steamers plying ful season and drew with Hallow my findings on the questions of That boing 0, the care seems

gated and there was not tho. Jaw. First, stin declaration that rug to ebange its charactor! In the Supreme Court this Sallest necessity for the plaint decision.

Their Lordships reserved their between the two places on the ove in a ten-round fight at the Olympic of their departures daily. The Club. The opinion of the audience the vessel is insurable as a first altogether, and the right tourning before the Chief Fustice if's

polico-detectives shall not boon that occasion was that tho class risk a condition precedent, Cancel was gone, The facts Sir F. Piggott, and Mr. Justee

Setting His Foot

allowed to remain on the same decision should have been in og is it a covenant for the breach are almost the same in prin-Compertz, an appeal was heard

IN stommers overy day,

favour of Stanton. Since his of which the chanterer may becom-ciple as in the revost arbitra-Lin the case of Harrison Midwood in the colony again. Ho sub-

HONGKONG. tion case holween Sander, Wioler Walter Geo. Vanginn Robinson mitted that, under the circum-

(B) The Supt. of Police in arrival in Hongkong he has not pensated in damages? There scoms

Hongkong and the Thotai of the lost much time in arranging ano- to bo no express authority on the aud C6, and the Wing On. If you and the Robinson Pine Co., Ltd. stances of the present case, not to point, but a priori considerations have a legal right you must! The appeal was from an order give security for ensts in the Landing of the Queen Mother. Constabulary in Canton shall ther match, through Mr. Nicol, oxchange correspondence who is staying at the Imperial point to the emelusion that it is a exercise it when the occasion made by the Chief Justice on April netion would amount le saying

The two young Siamese Princes, telegrams on cases of criminal Hotel. His opponent will bo condition precedont. A char arises. You cannot come to an 28th, that the plaintiff should not that oven although the defendant 11.R.H. Prince Chududhuj and offences. Should these criminals Capham, late of the Hongkong terer dans wat want a ship which understanding to do something bo required to give security for may succeed all along the line, 11.11.ff. Prince Prajatipok, who be apprehended coming by Police, a boxer who has made no is a second class risks her questions to arbitration, as with the commission to England to costs of the comunision, because Siam arrived in Hongkong on to Hongkong

eke-whether it be to submit costs to be ineuried in connection they will not, ultimately get the with the Queen Mothor of the exact stommer or steamera sinal! reputation in the East. are suro to raiso dilaties; may in that case, or to atrango for. take evidento, might be varied. It with an absent plaintiff the de Saturday on the Royal yacht or vice versa, the Supt. of

from Canton, Capham's Qualifications. have to pay oxira pieminine flier node of soiling the was also asked that the order, fendant is without security, why Mabachakri, sailed by the s.. Police, or the Thotai of the Stanton, weighing 148 pounds refuse to ship altogether.

A Condition Precedent. ispute, as in this enso and which directed the plaintiff to ex- should the shareholders in the de- : If an Al ship is me the afterwards rovert to your legal eeuton blank transfer to the Ito fendant Co., asacondition tol eing: Korea on Sunday afternoon for Constabulary shall telegraph the against 140, Caphum, it will be berth at the same time they right. Therefors Tanswer three gistrar, of the shares bold by the allowed a commission, he ordered Singhai, whence they will descriptions or featuros of the remembered, about 18 months

travel via Vladivostok will ship by hor, and

across same criminals for their appre- ago fought J. Forbes at the V. R. in the negative. Next, did they plaintiff in the company, as see-ta run the risk of losing the heavy Siberia for Europe. The Princes honsion.

C. and won on a foul in the first through a long string of returninate the charter party? His urity for the sum of $3,700, the costs of a commission? If the

are under the estor of Prince and (C) The Canton government round. Since that fight Capham mado elour by Messrs. Ewens and amount of the spurity include plaintiff were not ordered to put up Princess Bovaradej, and sons which will occur to anyone.

pre undertakes to extradite prisoners has been in the capablo hands of That is the condition in which he Harston's letter that the letter offing the costs of the commiscurity for the cost of thecommis charters the vessel, and he would 22nd. February was not to be taken sion, be varied, and that the sin as well as the other costs, it accompained by the following for minor offences, or for offences Lewis, and has improved consider not take it less that condition is as a termination per se. It is then plaintiff be ordered to furnish would botantamount to putting fish thoir education in Europe: section A. of Articlo 7 of the he has brought Low is to his knees students who are also going to punishable by death, as underably. On more than one occasion fulfilled. Put this the other way: a question of furt whether on the security for the custs of the coin- the shareholders in the defendant

Lung Visarg, Bunrabu, Hongkong Extradition Ordinance, whilst sparring with him, coolly if the owner covenants that the return of the Victoria from the mission and that the amount there-company at a disadvantage. It slip is A1, how can they, when it soyage in question the Java of he referred to the Itegistrar for would be putting them in such a Traidi, Dhop, ajada, Nabh, passed in the year of 1889; and remarking, we are assured, turnout to be a second class risk, lane can then be said to have his report. It was also asked that position as that whioroa defondant Amara, Nakkhat, Vivat, Sin-to deal with them after their didn't think I was hitting hard."

"Oh, well! It does not

the plaintiff might be ordered to was sued by a plaintiff, who did lang. Hab, Sodh, Wan, and extradition to Canton under what-The ox-constable has a wonder- ever measure thereafter decidedlful punch with both hands. Ho matter. Datanges will meet the and have broken the charter. As furnish cash security, or other not live within the jurisdiction.

At Shanghai the party will stay upoa and enforced by the Pro- will certainly give Stanton a good ense." The practical difficulties to this I am in the dark assiter security, than the shares in and camo within the colony for

fight. in the way of assessing the to the facts, AN a correspond-the defendunt company as security the purpose of launching his at the Astor Ilone Hotel. They vincial government,

will travel to Vladivostok by a (D) The Canton government Articles Signed: Value of Purse, damages itself shows that they ent ends with the lotter of 27th for the defendant's costs in the action. cannol. Therefore I hold that March and the cargo would have action, including the amount of Mr. Alabaster said that the leamer of the Russian Volunteer can either engage the assistant Articles were signed at the Im- this was a condition precedent, been discharged by 3rd April the costs of the Commission as position was this. The defend-tached to this special car will be Crown Solicitor of Hongkong to perial flotel on Saturday, a purso to the International Cur prosecute, to whom a fixed fee valued $1,000 will be put up, The charter was for a year; it In the meantime the arbitration fixed by the Registrar.

ant wout to England owning is knowledge which the owners had been set on foot so that I do The lion. Mr. H. E. Pollock, number of shares in the Company's, express to convey the shorld be paid by the Government, $750 of which will become the

in question for such servico; or that, a time charter for a your could have decided this question. Ialf of the defendant and Mr. C. his name. He made representations and her suite landed at Blake Pier, ing in this Colony to represent the reminder. The contest will be a

have not quite see how the arbitrators K.C., supported the appeal on be defendant company which bore party to Moscow.

Atfive o'clock faoQueen Mother engage any other solicitor practis property of the winner and the losor will be the recipient of the must cover, many voyages, that But hore Messrs. Ewons and G. Alabaster, Acting Attorney to Colonel Midwood, the plaintiff, insurances will be effected on fiarston's letter of 22nd March General, appeared on behalf of with the intention that he should where are wore in wailing, and Chinese government in extradi-20 rounds one, and will take place each voyage, and therefore that comes in, "If the arbitrators hold the respondout, the plaintiff in the buy a large number of those proceeded to "The Grovo," Mac- tion cases, who should likewise bo

donnell Rond, where they will paid.

at the Victoria Skating Rink, Dea on every occasion when insur- that our clients were not entitled action.

shares. Tho plaintiff would not

resido until the 3rd of June. The (E.) Whenever the Canton goy 24th, at 9.15. p.m. The prelimin- Vaux Road, on Saturday, June ances are likely to be effected the to give the said notics, thon our

An Objection.

buy the shares

landing was purely unofficial, Hor ernment dispatches police detecaries will be arranged in a few vossol must be insurable as a first clients will carry on the charter." Mr. Alabnator: This is my Merely on the Representation Majosty having expressed the tives, or private detectivos, class risk. What are the rights hold that in the circumstances friend's appeal but I have a pro- that they were worth so much, but desire that there should be no or informers

days. to Hongkong, of the charterore when it becomes they were not entitled, thereforeliminary objection to take. The wanted the defendant to get the guard of honour or salute-firing information should be previously known to thom that the condition they carry on the charter. The objection is that this boing an articlos of association of the com- such as generally mark the arrival mado to the Supt. of Police, so as It is announced from Saigon has been broken? They may arbitration has takon longer than appeal as to costs only, leave to pany changed, so that ho could of Royally in our midst. A great to help those dispatched to Hong that Japan has placed a contract rescind the contract. They must was anticipated, but as the parties appeal should have been obtained have a certain amount of control inany spectatore witnessed the kong in their duty. The police- there recently for the supply of do it at once, but this manifestly were reasonable enough to go to before it was brought.

becausounder tho existing articles landing of the Rogal party, detectives, or privato detectives threb hundred thousand tons of must allow for time for the know- arbitration, 1 prosume that thoy The Chief Justice: But this is nobody save Robinson could The Queen Mother and suite or informors. (from Canton) shall rics. All the mills are as busy ledge to reach them, if in the have not been so unreasonable as an appeal as to security as to do anything. Robinson bad will sail on the Mahachakri on the report their arrival at Hongkong as possible so as to fulfil the con pircumstances the refusal to in to allow the vessel to remain idle, cos

two alternativos, Either be 3rd of Jung,

to the Supt. of Police,

Itract within the stipulated time,

tion of the arbitrators, –

say

nust

bo assumed to

KO

012

14 nation

on Fobrery 8th. Both partija) h; seght up in Chambers. seem to have abandoned their

Attitude of Confidence

Carried Out Their Intention,

Appellate Jurisdiction.

A Question of Security,

+

SIAMESE ROYALTIES

Chann.

OF

BOXING.

Stanton v. Capham

Capham is a trifle heavier than

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