1912-03-26 — Page 5

LEMM V. MITCHELL.

Judgment of the Privy Counch.

THE HONGKONG TELEGRAPH TUESDAY MARCH 26 1912

The effect of this Ordinance ther repented, so that Ordinances of the cause, and whose ambition was undoubtedly to rovive the affected by it are declared not to it was to conduct themselves right of action for criminal cou-have been affected, but to have so'ns to do it credit. On the late versation in Hongkong, if it had remained as if it had not boon imperialist side the modern train- ever been in fact suspended. It onacted at all. This langungo is od troops were under modern Judgment in the abovo Appeal is also clear that the Ordinance only on expansion, in rather discipline, which, although it from the decision of the Full had a retro-active effect to the ox-emplatic torms, of the statement was not effective in every caso, Court in Hongkong was delivered tent of enabling actions to bo of principle aflirmed by Chief yet controlled them to a very by Lord Robson on February 28, | brought in respect of criminal Justice Tinda), and is subject to large extont. Where plundering 1012.

conversation during the period the same qualification or excep

became the order of today it Mr. Duke, K., and Mr. J. A. when the right of action had tion as he expressed, viz: that it would probably be found 'thue to Compaton, instructed by Messrs. consed to exist in Colony, but the must not be taken to deprive per-direct permission, as in the case. Godgo, Fiske and dodge as Agents question now to be determined in sons of vested rights acquired by of Hankow, or to the fact that for Messrs. Ewens-and-Harston, whether it wont further, and them in notions duly determined the men were not being paid.

That Chinese soldiers should appeared for the Appellant and operated to nunul a valid and under the ropealed law. Mr. E. 11. Sharp, K.C. (of the subsisting judgment as between It would require language adopt the rendiest moans Hongkong Bar) and Mr. A. C. parties whose rights had been much more explicit than that reotifying a-financial griovance, Nesbitt, instructed by Messrs. duly determined under and ac-which is to be found in the irrospective of the wishes of thair Charch, Adains and frior as cording to the law which existed Ordinance of 1908 to justify a officers or the interests of the plain or gold tipped. Agents for Mesera. Deacon Looker before the new Ordinance was Court of law in holding that a und Deacon, appeared for tho passed. The Itespondent assum-logislativo body intended, not Respondent.

that it did, and The Appeal was hoard onmbor 19, 1908, he instituted the Jammary 18, 1912, before Lord present suit against the Appol- Muonaghten, Lord Shaw, Lord unt in respect of precisely the Mersey and Lord Robson.

Dec-moroly to alter the low, but to alter it so as to deprive a litigant of a judgment rightly given and still subsisting.

me nets of misconduct as he had allegod in his former action.

The Defendant-Appellant then raiead the plen of res judicate and tlist point of law was argued before the Chief Justice apart from the other questions arising

The judgmont delivered by Lord Robson was as follows:-

The Appollant in this caso was the Defendout in an action to recover damages for criminal conversation brought by the Res pondent in the Supremo Court of Hongkong (Original Jurisdie tion) on December 19, 1908. To that action be pleaded res judicatu. The learned Chief Justies hold the plea to be bad, judgment the Court had no and on appeal to tho Full Court jurisdiction to bear the action. his decision was afirmed. -

That technical diflicult, in tho

of

general public, is a inatter which need causo no surprise. The operation of the same principle may be seen in any country in connection with labour disputos.. It is therefore, incumbent on the Their Lordships will, the afore, parties likely to suffer to see to unbly adviso His Majesty that it that no. legitimate causes of this Appeal be allowed, and that complaint are allowed to arise, the Judgments of the 9th June Organized white labour can be 1909, the 17th September 1909, dangerous enough ovens when the 8th Decembar 1801, and the empty handed, but organized 11th July 1910, in favour of the yellow labour with a rifle in its.

hand and a bandolier full of bullets is a still tougher pro position.

in the notion: The learned Judge Respondent, be set aside and overruled the plan on the ground Judgment entered for the Defond- that there had been no judgmontant with costs. on the merits of the case. In his view all that had been decidod |

In this connection the recont dis

has

50 con ts 50 por tin of

WINFRED

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"

THE CHEAPEST VIRGINIA

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WITH THE QUALITY

OFFERED

OBTAINABLE FROM

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turbances at Peking lins been quite GARNER QUELCH & CO. ASAHI

way that at the time of the former THE CHINESE SOLDIER, timely. The only prospect for a

In the year 1900 the Respond-Plaintiff's way was ho Faid, ro ont was a master anariner living moved by the new Ordinance with his wife at longkong, No. 20 of 1008, and therefore the where the Appollant also resided. į merits of the case could; for the The Respondent in that your first time, bo considered by the commenced a suit in the First Court.

:

An Unflattering Picture.

speedy restoration of normal con- ditions to China is for the Powera to recognize the ropublican go- yeriment with all speed, and to advance the funds necessary for the payment of its troops in or The recent mutinous outbreakder to keep them under control. amongst the troops at Paking will Let this be done first, and details surprise no one who is nequaint-sotflod afterwards. To settlo all

The following article is from the Peking Daily News":-

Division of the Court of Session, The action accordingly enmeed with the Chinese army The details may take months of nego

WINE MERCHANTS.

DES VŒUX ROAD.

TELEPHONE 636.

Supply the highest quality Wines, Spirits, Cigars Edinburgh, for the dissolution of on for trial before a Judge and sue thing might happen at any tintion and moanwhile things will and Cigarettes obtainale, consistent with price. All his marriage with his wife on the Jury, and the Jury found inly in connection with the go from bad to worse. If tho out- ground of misconduct with the favour of the present, Respondent soldiers of either party and be broak which took place within Wines and Spirits bottled in Europe by Shippers of Appellant, who was not a party and awarded him $7,500 by way nothing out of the usual, inded the hoaring of their own ears, world wide reputation.

EDIBLE SEAWEEDS:

Development of Seaweed Industry.

Hongkong, 15th January, 1912.

Tó day's Advertisement-

K.

PUBLIC AUCTION,

to the action, and in November, of gonoral damages,

similar incidents bopposed and under the sight of their own 1008, the narrings was dis- There were otber issues between in most of the provinces since the eyes, should incline the minds of golvet. Afterwards, on July the parties as to cortain special trouble began, sometimes under i foreign ministers in this 20, 1007, the Respondent, com-dango claimed by the Respund the dragon flag and somotinics direction it will have been a most menced an action of criminal ent which were separately tried, under the rainbow. In the re-hicky circumstance. conversation in the High Court and as to which judgment pass-volutionary area Chongly, Ngan- of Hongkong against the Dood on September 17, 1909, and king, Chinkingpu, Henchow and fondant-Appellant to rocover Desomber 8, 1909, substan- other cities have been looted by damages for the misconduct ally in the Respondent's favour.soldiers on the rampage, while | above-mentioned. In that ao- Those judgments aro also inclut Kuangshui, flopoi provine, and tion the Defendant pleaded od in the present Appeal, but in innumerable places in the North,

Seaweed is rapidly establishing that the Court had no juris- the view taken by their Lordships ive been served in the same diction in

of the of the issue as to res judicate way while und Imperial control, claim as the greatest friend of respect alleged cause of action. The it is anaerossary to discuss them. Plundering cities is one of the man. It is becoming a vegetable THE uuders'gned have reesired in- strmotions by sell by Fublic Ato- point of law thus raised was set The Appellant appealed to the ordinary features of the war game Whiteley, capable of providing un, an WEDNESDAY, the 27th down for hearing, and was heard Full Court, consisting of thein China.

everything of utility. If you arestes, 1912, at 10 x M., at Arny id- by the learned Chief Justice, Chief Justice and tho Acting

The rank and file of the Chi-in search of a serviceable yetance to es, Qoon's Road East; the who, on May 5, 1908, de Puiane Judge, Mr. Hazeland, and ues army is drawn from the novel suit, write to Leads for following Government Stores at the livered judgmont in favour of the July 11, 1910, judgment coalie class. The men onlist, not samples of the wool-and-sen-wood Arsenal Yard: the Defendant-Appellant and was delivered dismissing the Ap bee they have any special cloth. Should you require. par- Ara Chain, Copper Coal Scuttles, dismissed the action with costs. peal with costs.

liking for the military profession, ticular protection undorfoot Culld's and Infant's Cota, Fenders, It is unnecessary for the pur- Their Lordships are unble to nor because they are stirred up by during the winter season, support Wheels, Puckah Lamps, Brnis, Cup- poses of the preseul caso to go agree with the decision of the patriotic ideas of sorving their London industry by ordering roalokol, Gunmetal, Copper; Dead, in detail through the varions Supreme Court.

country, but simply for the sake boots mile of goats hair and White Metal, Zine, Stoel, Cast, Ordinances of the Colony on The contention that the Judg-of a livelihood. Their great an-sonweed, as a sporting golfer try Wrought and Galvanized Iron, Leather, which the learned Chief Justice ment of the 5th May 1908 only bition is to "fa-ts'ai" get righ) your luck with golf balls of the Ground Shants, Blankets, Tarred and basad his judgment in the action decided a preliminary point as to and the nominal pay offerol is same material and then, ro-Lisia Canvas, Rope, Dosutio, Bunt- ing, Woollon Bags, Old Wood, Iron just mentioned. It is sufficient the jurisdiction of the Court is more than they can command as turning home, safeguard your Drams and Cylindos, Paint Kegsi, to say that, in his view, the far from being an exact account labourers in-ponce-times, while self from rheumatism and throat lacking Cases etc., etc., cio. introduction of the English of the proceedings. The sub in times of disturbance they have affections by n soawool bath,・・

Alta Quantity of 011 Clothing and Divorco Act, 1857, into tho tance of the question then hitherto been able to count on Seawood has already achieved whito Bunting. Colony by Ordinance 5 of 1858 triod was whether not other opportunities of filling their some popularity in this country Catalogues can bend at the Ord- had abolished the Common Law the law of the Colony gave the pockets. It is to them a matterns a succulent vegetable. The dance Office or from the Auctioneers,

Tons of sale: - Cash on delivery. notion for erihinal conversation Plaintiff a remedy on the facts of indifferenco whom they may be variety known as "stoko "in Ire- in Hongkong; that on the ropea!llege It was decided that it called on to fight against, and land, laver "in England and Scot All faults and errors of description at the, Defendant there if the inducements offered are land has hoon in some demand for Purchasers' risk on the fall of the hain- Ordinance No. of 1880 upon

All lot to be clested within 18 hours, action for criminal conversation allegations, to a judgment dis-ly Ꮧ compunction about at the Army and Navy Auxiliary was revived, but that by the missing tho, whole claim This changing sides. They are Stores, and many years ago it was retro-active effect of certain sub-result was not due to any defect soldiers of fortune the freely sold in Swanson. The sequent enactments, more parti in the jurisdiction of the Supreino most literal sense of the term, Welsh show a particular tanto for Hongkong, 20th March, 1912. [262 cularly Ordinance No. 3 of 1895, Court, which was ample, but to a and if the fortune to which they green Inver (Ulva latissima), but the right to bring that achortcoming in the general law. consider they are justly entitled other varisties in constant demand tion in the Colony was again in the absence of appeal the is not forthcoming there is are purple lavor" (Partyra abolished The learned Judge judgment was a final determina- trouble.

luciniain)," dulso" (Rhodymenia went on to intimate that if the tin of the rights of the partios, Hitherto Chinese wars have palmata), and "ourrageen"Chron- NOTICE TO CONSIGNEES. Attorney General of the Colony and the ordinary principle that a been largely carried on at the dus crispus). The lato Sir James read his judgment he had uoman is not to be vexed twice for expense of the people who had Murray, of Dublin, a famous doubt that he would immediate the same alleged cause of action the misfortune to live in the physician, had a goud opinion of fy. Laka steps to procuro the al-applies, unless it be excluded by fighting aren. Whichever party stoke." He recommended it to be teration of the law as it then the Legislature in explicit and ined the upper hand in a dis-eaten hot as a cure for rheumation stood sous to bring the action unmistakeable terms. That istrict was at liberty to lovy heavy and throat affections. The virtue for criminal conversation again not the enge here.

contributions on tho, cities and lies in the iodine contained there-

OF

of Ordinanco No. 1 of 1858, by did noted, on thoso sufliciout they have general-years: In London it is öbininablene.

in

into existence in Hongkong.. The law applicable to the case wealthy persons there, irrespec-in.

·3 statuto

to

R GHES & HOUGH, Auctioneers.

عار

TOYO KISEN KAISHA,

S.S. “BUYO MARU." FROM SOUTH AMERICAN PORTS via HONOLULU &JAPAN PORTE.

The above-named Bester having

Accordingly a now Ordinance, is shortly and sufficiently stated tivo of whether they wore friend- The British edible seaweeds arrived, Cunsignees of Cargo are hereby No. 20 of 1008, was passod on by the Chief Justice Tindal inly or stilo. As long on those should bo boiled thoroughly. In notified to send in their Billa of Lading December 11, 1908. It was Kay v. Goodwin (6 Bingham, p. could be obtained for the pay-summer twelva koura is required for countersignature, and to tako im- entitled "An Ordinanco to 576) whero he says:-

nent of the soldiers all would go for this culinary process, but indiate delivery of cargo from stong- amend the Interprolation Ordin, I take the effect of repoal-well, but in the case of failure, winter two hours is stated to be side. ance, 1897 (Ordinance No. 8 of ing

Cargo remaining undelivered on bo the men would proceed to collect alliciont. Served with roast mente FRIDAY, the 20th March, at 6 p.m., 1897), and to remove un ambito obliterate it as completely from for themsolvon by means of plund- they are said to be extremely guity in the construction of the the records of the Parliament as er. In the event of war condi- palatable, although Southoy, who will be loaded at Consignous risk and Bame. Section 2 was as follows: if it had never been passed and it tions continuing for several years indulged in these delicacies, ad-pense and delivery must then ba

teken (mm Company's Godown. "Notwithstanding the repeal of must be considered as a law that in the same district it would ulti-mitted them to be acquired tastes. No Fire Insurance Phatever will be Ordinance N 3 of 1805 by Or-nover existed, except for the mately get utterly devastated, as Dulso" is an acknowledged do-attested. dinance No. 8 of 1807, Section 4 purpose of those actions which happened to-immonse regions licacy for children, whilst curmo Claims will be recognised aftor of Ordinance No. 3 of 1895 is were commenced, proscouted and during the Taiping robellion. goon" from Waterford is used in the Goods have left the Steamor or hereby further repealed, and its concluded whilst it was an exist- At it: close one night walk for some parts of Ireland as a subati- undone, and all Goods remaining effect on existing legielation ing law."

days through a country which tute for isinglass in jellies. underord on TUESDAY, the Pad

All claims must be filed on or before

ie hereby declared to have The exception there stated had proviously supported an im- The champions of sonweod claim Api, nternoon, will be subjost to been, and to be inoperative covers the prezent case. inense population and hardly that the English; as np insaður | ront and isaling charges. and of none offect, and the The Ordinance No. 20 of 1903, | mɛeol with an inhabitant.

people, are neglecting a valuable All chafed and otherwise damaged Ordinances thereby affected are under which this action has been That wo have seen so little of annet. The development of the Cargo to be left on board or Godown horeby declared not to have brought is certainly phrase in this on this occasion is due to the industry could be accomplished examination of saine to be arranged. bron, affected, but to have re- rather remarkable terme. It fact that China is advancing and with a small expenditure of cupi- mained and to remain of the deals with an Ordinance (No. passing at one stop from barbartol and but little skill. It would April, otherwise they will not be sane. forco and effect as if the 3 of 1895), which it describes ous methods of warfare to civi- provide lucrative employment for

K. MATSDA, mid Section 4 of the last named an already repealed and declares lized. On the revolutionary side thousands during the winter and

Agent, Ordinancs had not been enact that so far as a particular ao. the ranks were full of mon, who establish an inexhaustible supply

faroli, 1012. tjom je connerned, it is thereby fur joined the army for the sake of food for war time.

recogafied.

(18

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