1912-03-29 — Page 4

THE HONGKONG TELEGRAPH, FRIDAY, MARCH 29, 1912.

WATSON'S

E

DAY BY DAY.

Each generation believes that

DENTIST AND SOLDIER, in early times to be entirely in

socordance with public policy

Question of Military Debts.

VERY GLO LIQUEUR,

it stands on the boundary line between an old bad epool and a good new one.

for a variety of reasons that neither the person, pay, or military appointments of a soldier

AN INTERESTING JUDGMENT.

SCOTCH WHISKY.

A BLEND OF THE FINEST PURE MALT SCOTCH WHISKIES.

For over 30 Years WATSON'S 'E' has maintained the reputation of the FINEST SCOTCH WHISKY in the FAR EAST.

A. S. WATSON & CO., LTD.

ESTABLISHED A.D. 1841,

WINE & SPIRIT MERCHANTS.

be as followe

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The Hongkong Telegraph

HONGKONG, FRIDAY, MAROU 29, 1912.

To-day Paper.

Woman's World and the coupon for the Photographic Competition

will be found on page 3. On page 8 appear Xaverian's notos on Sport.

permission.

hard labour.

Yuen Firm and Others.

Mr. Justice. Gompertz, at the should be liable to bo takon The Fook Lung Firm v. the Lal common law of acquiescence, Supreme Court this morning, Alearned author writes on the in execution for petty debts.

in delivering judgment in a

the War Offico.

The arrest of the soldior for

fee.

D

the plaintiff firm through its manager bus accoplod" them” Os accurate, and that therefore their rights are already satisfied, the defendants morely rely on the

and the question is whether they can do so. case wherein Doctors Kew Bro-subject as follows;

As the result of my ruling The following are some of the Chan Kit-san went into the box: thors sued Sergoant Wreford, R.E. for $36 due for services debt involved different considora- more interesting points in the as a further almost inevitable re- rondered, said: This is a claim tions. In the first place, where judgment given in the Supreme suit he was taken in chief through against a sergeant in the Royal conscripts had been impressed, Court by the Chief Justico, Sir all the items as to which fraud of dental services rendered to him ment of death) or insolvonta, Fook Lung firmi v. the Lai Yuen tive of the plaintiff firm was not Engineers for a debtdue in respect or felons, (to escapo the punish Francis Piggott, in the case of the was alleged, and the represents by the plaintiffs who are Dontal (that of perpetual imprisonment,) firm and others:

called. Things seem to have got Surgeons. The question is who had entered the Army, it was In the many bases I have tried inverted, and I cannot help think- ther defondant actually agreed to important to society to keep them in this court, I do not remembering in a great measure through pay to the plaintiffs the amount, there. On the other hand, man, one in which the real point in my ruling as to who was to begin. II.M.S. Nowcastle loft for be it what it might, by which then as now, might calist in- iseng has been so covered up. But having so ruled. I cannot

their account to him should be into the Service with no other as to be almost hidden with alter my decision. Shanghai, tolay.

exposa of the sum allowed by object in time of posoo than to questions of procedure: These His Lordship in reference to On inquiring escape the legal consequences of questions have involved already the principal points said, they into the facts I have come to the pecuniary ambarrasment, and the several interlocutory decisions, were: (1) That the balance sheets At the Marine Court to-day, a conclusion, aftor some slight enlistment, with unlimited fur- and now that the case has come were not sent out to the firms who Chinese cook was romanded on a hesitation, that the monoy claimed lough, might be fraudently urged up for trial many others have were parinors in the New Yon charge of bonding a ship without is actually due on a contract against the bonest claim of cre- been raised. For a Judge who Wo. But this would not be no- between the defendant and the ditore. The action of Parliament has a rooted antipathy to mere cereary in this case, for there plaintiffs. But the question then was directed to these ends, to procedure, so long as it is not were only five partners in the live arises whother this amount can prevent the soldier first frem based on a principle of law, this firms; they all represented in the be recovered, having regard to being trusted, by ordering his has been exceptionally trying; management, in the preparation A small fire broke out at 22 the provisions of section 144, of officer to ory down his financial but I am not in the least blaming of the accounts and balance The rates of Subscription to the "Hongkong Telegraph" will Caine Road, last evening, caused the Army Act with respect to credit in each town which the the learned counsel who have sheets. The partners in the by the overturning of a kerosino debts under £30. The defendant regiment entered, and afterwards raised them, for many of them component firms were not partners Daily issuo-$38 per annum.

lamp. Fortunately little damage has formally chained the proteo from being taken out of the Army, are inseparable from the action, in the New Yan Wo but Clign Weekly issue-813 per annum,

tion of the section.

by those who had wrongfully which is a partnership action for Kit-shan said that they wore was dono.

The matter is not free from diffio- trusted him, to the injury of the an account which in itself is bot allowed access to the nocounts on of all comes the question whether public Sorvico. Thus the 3rd tomed in procedure.

applying through their respective Attho Magistrany this morning ulty. First this section of the act is Act of George 1st 1715, declared I hold that the facts are provod managers. (2) That in theso that no "volunteers" should be without any logal question aris- balance olicots there was no messenger. Peak subscribers can have their copies deliverod at/a Chinese was charged within force in the Colouy of Hongkongakon out of the Army by any ing: that vo firms entered into statement of the general position ⠀

stoaling a quantity of copper

Thedefondantinof course a person their residenses without any oxtra charge. On copies sent by rigats, 11 lbs. in all, value $9.68, subject to military law and there-process other than for criminal partnership, and established the of the firm, but that there were post an additional $1.80 per quarter is charged for postage. The postage on the wookly isang to any part of the world is $1.00 the property of the Admiralty foro by virino of aection 2 (2) the matters, and the Act of 1717 firm known as the Now Yan Wo: only the working balanoo sheels He was sentenced to three month the Army Act applies, generally authorized any Justice to dis- that they appointed persons to of each your. This is covered by to him. Again he is a soldier of charged such prisoners from represent them in the manage- what I have already said, that if Single Co Daily, tan cents. Weekly, twonly-five conts (for

the regular forren, and therefore arrest without the payment of ment, whe wore the managers of all the partners agree to keep their cash only).

comes within tlio special provi-ny

As applied to their own firms, and that in 1880 accounts in a certain way there We have received from the sions of section 144. But this is volunteers only, society was safe these managers were three in is nothing to prevent them, and Eastern Extension, Australasin not onough, for there is a further from, the release of convicts or of number, Shi Sung-kai, Wan Hui- one partner cannot afterwards Limited, the senle of rotos por also binding on the plaintiffs, every soldier out of the rench, of latter representing: three out of to have boon kept in another way. and China Telegraph Company question-wliether the section is imprisoned debtors, but it placed sheung and Chan Kit-shan, the turn round and say they ought word to be operative on and after who are civilians. In the United the law in regard to making any the five partner firms; and that With reference to the point that word 1.1 is to be remarked Kingdom the Act of course has pouniary compensation for torta finally the three managers were, for about, the first ten years of that both ordinary and deferre a general force and effect and the committed or for any other legal taking them in order of seniority his management Chun Kit-shan section binds anyone who has ligations contracted by bim. Chan Kit-shan, Wong Sing-nam must have had almost sole control, charges are given.

The Lords made this grievance and Li Hong-man. Wong Sing- his Lordship pointed out that dealings with a soldier. In a Colony the matter is not so a subject of "protest",, and nam ropresented the plaintif although the two other managors

Parliament. endeavoured

to firm. It is clear that Olan Kit were absent from the Colony, Two Chinese, who wore arrest- simple, for. It is frequently not.

meet the difficulty ed for potly thefts yesterday, have easy to decide whether an Aot or

in alan practically exercised the Chan Kit-shan had always com both aspects, first by enabling greatest amount of control over munionted with them and that, brought more trouble on them-part of an Act is meant to apply solves than they anticipated. One to the King's, subjects abroad. Just dobte to be recovered, and the books, drafted the balance after this period, when they were There is in the Statute no such then by preventing the soldier shoots, and copied them into more regularly in the Colony, was caught stealing $8 worth of clothes from the Military Hospital express extension of its provisions from being withdrawn from the what was called the Balance there was ample time to check ut Bes from dad, and the outer to the British Colonies as is Army by an arrest fraudently Sheet Book; but I hold that it orrors, if any, and there was no

with arranged foundeg; in the Merchant

conniving is provod that the other two evidence of errors having been was arrested for stealing 10 cents

The Act of 1717 managers exercised a joint con- alleged. the Police Station both were appor any such clear inten-debt or damages should amount the business, were shown the ceeded, Chan Kit-shan gave his from the person. On arrival at Shipping Act-nor does there creditor.

accordingly provided that the trol, were consulted on details of Generally, His Lordship pro identified as men who had return- tion that the Act shall have a ed from banishment before their general force outside the United to 210 at the least, and be proved draft balance sheets, which they evidence in a straightforward Of special interest at tho presont juncture is this announcement time, and are accordingly hold Kingdom as can be found in oath. ("The administration of checked in such a way as they way, and it seemed to him trul eg. the Regimental Debts Act, justice under, military martial thought sufficient and consistent fully given. After reviewing the made by the Japanese Minister for Foreign Affairs in regard to

that chargess woll;

The rule of course is that Parlia-law, page 50".) It is often very with their duties to the firm they evidence a further length, His Japan's allitudo towards China. For the past few months Japan's

ment whi e possessing undoubted difficult to decide a question of the reprosented (and did in faut ex-Lordship gave his decision as actions have been very closely acrutinized; there have not been

authority to legislate for any part construction of an Act in the ab-amine the accounts in the usual reported in yesterday's issue of The number of stud horses and of the dominions of the Crownence of authority, and without way), agreed that they were car the "Telegraph." wanting those who expected that she would endeavour to turn the mares to be bought in Europe by will not, however, be presumed hearing the point argued. I have root, thus authorising their tran- troubles to Olfina to account in some way. It has to be admitted the Japanese Government this by the Courts to have intended to not found it easy to make up my scription into the Balance Sheet that there has been little hitherto to justify the suspicion. In regard year is over 80, and the amoun! enact law to take effect outside the mind, but on the whole I am in- Bosk, faally agreeing to the to financing the former revolutionaries, it is true that somo arrange these animals is Y400,000. The tention is clearly to be gathered that this section was intended to the old books of the firm. In (The Telegraph" Correspondent.)

appropriated for the purchase of United Kingdom unless such inclined to find, having regard to destruction of the drafts and

CANTON NEWS. the scope and polioy of the Act. periodically to the destruction of monts were made with the apparent knowledge of the Japanese official to be sent to Europe for from the enactment itself. If the Government that were not altogether consistent with the rolation-the purchase of the horses will section is really in force hare it apply in the Colonies. The so doing this I am clearly of opinion ship that existed between the then Government of China and the leave Japan towards the end of will of course apply to persons tion itself is stated to be binding they established, a course of deal- Japanese Government. But Japan was not the solo, nor was the next month. He will first visit not soldiers and not oven subject soldier, thon, to be effective, it management of the firm by which director of the Canton, section of

on the soldier. If it binds the ing between themselves as to the the worst, offender in this commotion. Also it is known that vast is to be shortly held. He will next person who may chance to give must bind those who choose to all the members of the firm are the Yuet Han Railway, and Wong Jim Tiu-yan, the managing quantities of munitions of war poured into central China from visit England, Austria, and other credit to a soldier of the regular bo wrong in my view, and it is

doal with him. I may of course bound. Japan, but in all the circumstances this is the kind of private countries in Europe, selecting forces, and the effect will be to of course possible that should a fence amounted to a defence of Governor General stating that:a. Chung-lung, director of the same suitable animals for breeding deprive that person of his remedy similar case again arise, I may account stated;" and farther meeting of the shareholders was It was contended that this de- railway, have written to the in the usual course of law. This does not of course mean that he is find it necessary on loaring that there are certain established to be held to confirm the election be taken as binding upon the Government of which the Minister is

without remedy-only that he argument, ond on a fuller con- a nomber, hence the importance of Viscount Uchida's utterance afternoon the case was continuod ono provided by the Act and on. For the present I will by Chea Kit-shan's avidence, of the Police at the function. At the Magistracy yesterday must avail hintself of the limited nidoration, to change my opin principles relating to that de- of new directors, and asking for fence, none of which were proved the presence of the Commissioner- He claimed that Japan lid throughout desired to maintain a pacific before Mr. E. A. Irving in which that he must follow the prole only say that to the best of my and therefore that the plaintiff this official has been instructed attitude and to work in entiro necord with the other Powers. With four Chines were charged with dure there given. Shortly staled in gment long.gion in in for must sticceed. But this question to attend with a large force of

the assaulting the polico in the the effect of this object in view constant consultations with other Powers had execution of their duty on beard is

in this Colony. The plaintiff has that soldier Rection not, I think, given the notios re- oedora at the trial: it was con-

gave rise to another point of pro- police. taken place as affaire developed in China. The obligations imposed the .s. Sui An on Feb. 28. rogular forces cannot be taken quirad by the proviso, and ennant tended that 45, defendants, hail In consequence of the fight between the revolutionary soldiers not, however, think the writ in i

stated," the onus was on them Kut-chun, an opportunity ha or be compelled to appear in

mwilling to adjourn the hearing to begin. I acquiescadin Mr. Putto who appeared for the person before any court on

parend their nefarious calling debt whore, the amount of the is duly served, the plaintiff is at doubt whether I was right go a large body of maraudejs When we come to the concluding portion of Viecount Uchida's rant a conviction, a contention there is a provision that a person what it may be worth.n

w18 not enough evidence to war-olaim does not exceed £30, but liberty to come here and prove his The fact is the legal termurrounded the Lam Wong coun case, and get his judgment for interesting statement, however, we find something that may mean that was upheld by Mr. Irving, having a canso of action may,

acco nt stated' was used, der try market and set fire to many much or little. The Japanese Foreign Minister said: "We have

who dismissed the oase.

Mr. GoldringWill you Lord-tainly by me, so by my of the shops. A large number notwithstanding anything in the

notes, without due consideration of people were killed, spooial interests in South Manchuria na has Russia in the North,"

Organ Recital.

sestion, after due notice in writ- ship adjourn it sine dia.

colloquially rather than legally: and, he went on to say, that in consequence of this there had been The next of the series of can then have execution other

ing, proceed to judgment. He is Lordship:-I think so

Mr. Goldring Thank you, Counsel for the plaintiff elaborat the butchers on strike to resump The Nam Hoi magistrate has and it was not until the learned several interchanges of views with Russia in order to avoid ill-monthly organ, recitals that Mr. then judgment other than against my

Issued a proclamation ordering feeling and misunderstanding." One of tlib many diplomatie ex-Denman Fuller gives during the the person, pay, ammunition pressions that the layman would like to see explicitly defined is John's Cathedral on Tuesday or clothing of such soldier. So season, will take place in St. equipment, regimental necessaries "special interests." The special interests claimed by Russin in evening at 5.30 o'clock. Includ that in effect the section binds á Manohuria-North and South--caused the Russo-Japanese War. ed in programma is the "lat ereditor in two ways, first of all The special interests of Japan in Koren caused the loss of nationality Sonata" by Karg-Elert, which is ho must give a proper notice to the Koreans. Now the special interests of Japan in South quite now and is creating a sen and then after judgment, his match against the champions of What the defendants alleged, bourhood of the Official Manchuria necessitate a constant interchange of views with Itussis Other items include:-"Requiem as provided by, the Act. There morrow on the Club ground. Play thing quite different; something Pepe eager to cast the old

ration in musical circles at home remedy by execution is limited the League (Craigengower) to his Lordship continued, is some Department is crowde to prevent ill-feeling and misunderstanding. There is more in this Asternam." Bail Harwood; Pro is perhaps no particular hardship starts at 2.15 pm. sharp, The which has no technical name or one, and in the than meets the eye. Suspicione in rogard to liussia's actions in lude to Pareivel, Wagner, nu involved in the requirements that following will represent the meaning simply that a course Mongolia have been freely expressed and Viscount Uohila has given Funeral March Hymn of nolles suust be given. This notice Hongkong 0.0:-. E. O Bird of dealing with fogard to the recently a soldiary

people have bean some ground for the belief that Russia had good reasons for sup Serapho", Guilment,

stiould, I suppose, be to the effect (Capt.), D. E. Donnelly, A. R. posing that the strengthening of her position in Mongolinated by Mr. R. O. Elwards on the appear in person and that if RN, Surg. Fisher, RN, R.T. Preparation of the balance sheets

The other items will be render that the soldier is not bound to Sutherland, Lieut. Annnheim, keeping of the account and the hurry China's expense was regarded by Japan with bonigannoy and violin, and are "Adoration" by judgment goes against him the Tang, R. M. Austin, W. O. Das been established bat goodwill. It might be well for Visconat Dohida to be more explicit. Borowaki, and. Mendelawolin's; creditor fins only limited power Turner, A. E. Fowler, A Partners, thisf this has bega com,

of execution. It was considered|Joseland and W. L. Warburton) plied with" by 1156

CHINA AND JAPAN.

enterprise" of which more Governments than one found it possiblo to have no official cognizanco.

An official announcement by a Minister for Foreign Affairs may

on

France, where a big horse show to military law that is, to any

purposes.-

The Harbour Case.

defendants gave evidence.

I

Canton, March 28,

by the Anglo-Japanese Allianco novossarily rendered it essentia! The hearing was dorotod, to the out of his kjósty's" service berefore, have judgment. I do set up a defence of "acuount under Chan Man-ngok and Lem that Great Britain should be consulted particularly, as the two defence, and each of the four Any process of any court of law. If his solicitor desires it, and that therefore they ought been afforded the local bandits to forward and "correct," and only prejudice could induce unfavour defence, submitted that there account of any claim for a civil in the meantime the defendant, this, though now I have some without hindrance. Some might

countries were pledged to harmonious action, All this is straight

able criticisió.

vislin concerto,

Lord,

CRICKET.

business at once. Severe punish-

od the law on the subject that I considered the point with greater care; I am of opinion that the menta is threatened for di defendante do not set up!

obedience and as a consequenos "account stated in the parn- many of the strikere, have: al- graph of their Statement of De-ready reopened their shops.

Almost everyday the neigh

H.K.C.C. Y. Cralgengower. The Hongkong O. C. play a fence.