1913-03-07 — Page 12

IMPORTANT DECISION.

(Continued from page 5). "been the intention of the Legis #laturs." In Cos v, Lawrence 1 E. & B. 518 Lord Campbell Baid, I cannot doubt what the "intention of the Legislaturo was, but that intenion has not "been carried into effect by the language used. It is for better

that we should "abide by the words of a Statute -“than to seek to reform it accor

"ding to the supposed inton-

tion."

With respect to the words in Section 37 "to any country or place to which it is lawful to ox- port the same" the Legislature meant to a specific country.

If we refer to Section 36 which makes it unlawful to export opium to prohibited places wo find these words "to China or "French Indo China or to any "country which prohibits the in- port of prepared opium or dross opiam." Hore again the Legials ture clearly meant to a specific country.

16.

If the Legislature in ionded that there should by a general prohibition with respect to the exportation of opium it could bave done so in clear and un- equivocal language.

|

Here the injusticeand absurdity could not. possibly have been intended by the Legislature. The

language was therefore modified for the the purpose of supplying an apparent case of

olîssion.

favour of the Defendant with re- My finding is therefore in

sect to the 3rd, chargo.

·

I therefore order the Defend- ant'a discharge.

CRIMINAL SESSIONS.

"Charge of Armed Robbery

THE HONGKONG TELEGRAPH FRIDAY, MARCH 7,01913 T

POST OFFICE.

'MAILS ARRIVED TO-DAY,

Singapore, 8.8. Renang-maru- Singapore, s.s. lelous,

Swatów, ss, Baimun.

Left London

Pur

MAILS VIA SIBERIA.

Shanghai Mar, 1 Mar 3

Fab. 13 Feb. 14

MAILS DUB. Siberian, Tjibodas, 8th inst. Am., Paul Local, 10th inst. Can. & Am., Emp. of India, 13th inat..

SHIPPING NEWS:

ARRIVED. Penang Maru, Jap.8.9 5,000, Combes, 8th Mar-Singa- pore 28th Fab., Gen

N. Y. ELE

WEATHER REPORT.

On the 7th at 11.35-Pressure

has increased considerably in the neighbourhood of Shanghai and moderately at Weibsiwei. It has decreased considerably Over

Mail Steamers

THE PENINSULAR

Hanoi, Fr. s.s., 7,39, Ch. Le Obe- central Japan, and slightly in AND ORIENTAL S. N. CO.

dalice, 6th Mar-Bai-

southern districts.

and Japan, but shallow over the

Gradients are steep over China WILL despatch VESSELS to the Undermentioned PORTS on or about

China Bea

phong and Pakhoi 4th An antioyolone is central over NE China, and the depression to Mar, Gen-A, R. Marty the east of Japan has deepened. Devawongse, Br. 6.9., 1,047,“ Ü. W. Shearer, 6th Mar., Rice.-A. Bune. Fukui Maru, Jap. 8.5., 3,087, To- minaka, 8th Max-Moji 1st Mar, Coal M. B. K. Poleus, Br. ss., 4,800, Nicholas, 7th Mar Singaporo 28th Haimun, Br. B.., 64, Evans, 7th

Feb., Gen.-B. & S.

Mar-Swatow 6th Mar, GenD. I. & Co.

The Tjibodas is expected to This morning the Criminal arrive here to-morrow, with, the Sessions were continued in the London Mails (via Siberia) of Supreme Court, by the Chief Wednesday the 12th and Satur-Rajaburi. Justice, Sir W. Rees Davies K.C, day the 15th Feb when La Ngai and Fung Chan were charged with arme I robbery at 5 Elgin Street on January 15

The Paul Lecat with the Ameri~"" can Mail (ex Nile) is expected to arrive here on Monday the 10th Kirin

inst,

Prisoners pleaded not guilty.

The Empress of India with the The jury was composed as Canadian and American Mail follows-Messrs. J. Craik, E. D. (ox Mongolia) is expected to J. Lopos, A Mo T. Smith. F. arrive hore on Thursday the 13th Egram 8. Hidden, and D. Gow, inst.

The Crown Solicitor, Mr J. H, Kemp, who prosecuted, said that

MAILS CLOSE.

the prisoners were charged with Haiphong and Pakhoi-Per Hue,

8th Mar, 2 a,m. gang robbery at No., 5. Elgin St.

a.m.

a.m.

Toan,

Br. ss, 1,184, Wolffe.

6th

7th Mar-Canton Mar., Ballast.-B. & 8. Maru, Jap. s.8., 2,356, M. Deguch, 7th Mar,-Yoko hama via Kobe and Moji 2nd Mar., M'dise.-N. Y. K.

Fr. 8.6., 1,351, Outerbridge, 7th Bar-Manila, 4th Mar., Gos.-B. & S.

CLEARANCES, AT THE HARBOUR OFFICE.

Mar. 6.

On the second floor for that house, Straits-Per Laertes, 8th Mar. Wakamatsu-maru, for Nagasaki. the occupants, had just moved to Hoihow, Haiphong and Pakhol

Yorck, for Yokohama.

Mar. 7. Canton, leaving behind three

Per Mathilde, 8th Mar, 9 Fooshing, for Calcutta. amaha to pack up and follow

Monteaglo, for Vancouver, afterwards. The three amahs, Japan via Yokohama-Per Kum-Rubi, for Iloilo. with the help of a street coolie,

sang, 8th Mar., 11 a.m.- Peleus, for Yokohama. were busy pzoking whon' some Philippine Islands-Per Yuen- men came to the door aud, on the pretence of wanting to delivor a letter to the master, persuaded them to unlock the door, Having gained access, the men threatenci

the inmates with

sang, 8th Mar. 1 p.m. Macao-Por Fui Tai, 8th Mar,

1.15.

hanghai and North China-Per

Shanghai and North China-Per Taishun, 8th Mar, 2 p.m.

Tjipanas, 8th Mar, 3

Unless the prosecution can prove that the opiam is going to a one oife country a obarge under either Section 36 or 37 must fail. I was referred to the case of Simpson Unwin 3 B. & Ad 134. An Act which made it penal "to be in possession of game after the last day" allowed for shooting would if construed literally is eludo oases where the possession had begun before the last day and therefore lawfully; and to avoid this injustice it was cons-street, and raised the alarm, Batavia: Cheribon, Samang and trued as applying only whore the possession did not begin until after the closs of the season, that is the words to begin" wara interpolated before to be in

possession."

The injustice here could not

it

possibly have been intended by the Legislature. Therefore a construction.may be put upon which modifies the meaning of the words.

...

knives and apparently attempted

p.m.

Tjila

to steal, but an unemployed sailor Batavia, Cheribon, Samarang and on the floor below, hearing what Sourabaya Per had beon said, rushed into the

tjon, 8th Mar., 4 p m.

Sourabaya-Per Tibo- das, 8th Mar,'4 a.m.

Shanghai,

whereat the men rushed out, the two prisonors being caught in the street. The first prisoner on arrest was found to have two knives. concealed in his trousers, while

shoe at the bottom of the stairs, Straits, was found to fit the second pri goner, who, in fact, wore it to the

police station..

The prisoners were sentenced to five years' bard labour and ten s'rokes of the "cat" bach.

REMEMBERED FACES,

Siberian

Mail.

North China and Japan via Yokohama Per Austria, 8th Mar, 4 p.m...

Burmah and India via

Calcutta- Per

Kirin maru. 8th Mar, 4 p.m.

Shanghai

DEPARTED. Mar. 7, Haiyang for Foochow. Vongteagle, for Shanghai. Hong Wan I, for Amoy. Yorck, for Shanghai

Rubi, for Philippine Islands, Fooshing, for Calcutta.. Suisang, for Amoy.

Wongkal, for Swatow, Poleris, for Manila.

Kwongsang, for Shanghai.

PASSENGERS ARRIVED, Pers. Tean arrived 7th inst, from Manila:-

PASSENGERS DEPARTED.

along the E. coast of China. and Strong monsoon is indiosted freshening monsoon over the nor- | thern portion of the N. China Sea

Hongkong Rainfall for the 24 hours ending at 10 am to-day, 0.00 inches.

and North Perss. Somali, sailed on 5th China (Europe via Sinet., for Singapore, &o. ---- boria) Por Chonan, 8th Aucott, Mrs. Alar.. 5 pm.

Shanghai and North China-Per Luchow. 8th Mar, 5 p.m. Swatow, Amoy and Foochow via

Tamsui - Per Daigi

maru, 9th Mar, 9 a.m.

via Keelung-Per Fukui-maru. 9th Mar.,

Formusa

FORECAST FOR THE 24 HOURS ENDING. AT NOON TO-MORROW.

District.

1 Hongkong

Neighbourhood.

and

Forecast. NE. winds freshening: fine at first, probably some rain later.

2 Formosa Channel-N.E. gale. 3 South coast of Chins between H.K. and Lamooks

the DATES, named-...

TOE

SHANGHAI,

MOJI, KOBE &> YOKOHAMA... |

SHANGHAI

LONDON, ?

STEAMERS

10 BAIL ON

REKABE

10th Mar.) Fright

10 a.m.

Prasige,

d. W. Gordon, B..

NYANZA "Cap. H. N, „Rivers, 1.8.3.

LINDIA

DELTA USUAL PORT OF Capt. E. P. Martin, F.N.3.

QALE-rush,

LONDON & ANT-}

WERP, POZE,

NAMUR

PORT SALP, AND

Paine, Capt. A. Cellyer.

MABREILLE...it

Passage,

abont 18th March

Freight and

1 Freight and

Nooa

15th Much

Passage,

alou: 10th Maros Passage

1 Freight #

All the above stampers are fitted with wireless Telegraphy.

For Faight, or Passage apply to

The same. & 0, S. N. Co's office, as No, 1.

The same

as No 1.

4 South coast of) China between H.K. and Hainan.

China Coast Meteorological

Station.

Register.

7th March, a.m.

Wind.

Hour.

Barometer.

Temperature.

Kumidity.

D'tion.

Force.

Weather.

Wostock 7a30,29 458 0'b

Nemuro 6a29.81- Hakodate 29.83

Tokio, Kochi

Hongkong, 6th Much, 1919.

·EJA. HEWETT;

Superintendent.

NORDDEUTSCHER

LLOYD.

BREMEN.

IMPERIAL GERMAN MAIL

+1

29.79

11

11

30.05---

Nagasaki 30.19

17

n 5

nnw 2-

BW 1'min nw 2

K'shima Oshima

30.17

11

nne 1

30.14

0

39

For

Naha

29.99

Ishi'ima 30 05

3

NAPLES, GENOA,)

ALGIERS,

20

30.5619 69

n 70

Bonin Ie, i, Chefoo. Whafwei

Hankow

MANILA, ANGAUR,)

STEAMERS,

LINES

TO FAIL DE

W'DAY,

19th March

10 M.

SATURDAY

8,100

22nd Marab

· GIBRAL-(PRINZ EITEL FRIEDRICH TAR, SOUTHAMPTON, (Capt. G. Mand. 16,000 ANTWERP & BREMEN)

YAP, NEWGUINEA, PRINZ WALDEMAR BRISBANE SYDNEY Capt. H. Bromer

KUDAT & SANDAKAN (BORNEO

..

at 9 am.

Beginning of

April, About TUESDAY,

1st April.

obum. Mr. and Hartz. Miss

MTS

Iohang

Koeing

Bellis,

McCullough Mrs

Kiuklang

Changsha

& MELBOURNE

Fusta

Shanghai

30.4136 80 nne 3 o

Gutzlaff

Sharp P.

11

Taihoku 5a30.10- Taichu Tainan

n lo 6a30.1158 88 ne 20 30.03 57 94 00

0

30.2140- no Yom 7a30,1660

Capt. F. Sombill

KOBE and YOKOHAMA

COBLENZ

| Capt. L. Klugkist

30.08

ET

30.04-

Koshun

13

P'dores

Hornby, B. G. Canton

30.01 30.05 9a-

ne 4 -- до 8

Bigginson Ma-

H'kong

jor & Mrs. C. |

97

P

Robinson, Mrs

G. W. Stone, 'Miss D. Walker, E

Gap Rook 30.06- 4 c Масло 30.1061 se 1 of Wuchow 9a30.1362-se 1 o Pakhoi

Hothow,

Phulien

6a30.0163 ene 4 o

Tourano

29.9570

Baw 2 c

#

29.9172

บ

#

де 2 f 29.9075 80 I b

Hongkong, dili Merab, 1913.

29.0072

0 0

11

29.8975 no

10 920.9181

0 1 b

DOUGLAS STEAMSHIP

CO

LD.

Amoy Swałow Dowley, Mrs, Adams, Mrs. F. Goslin, Mrs

-R. J.

Hornby, T. W.. Adams, Master Hyde, Mr. and

J. B.

Mrs. J. Beck. Mra.

Becker, O. Bethune, C. C. Polton, G. V. Cousins, R. H. Cousins, Mrs. 'ollett, A. E. Chan Fong po Dawson, Mr. and

Mrs. É, W. SHIPS PASSED THE CANAL.C. B. J. Per Haiching, 11th Mar.,.

Aparri 9 a.m.

London, 11th February... Australia. Tasmania, and New lays, Idomeneus, Myrmidon, Ale-Iloilo

Manila Arrivals from China:-Hima- Legaspi Zealand via Thursday Island-Per Empire 11th Bia, Stentor, Amazone. Mar.. 10 a.m.

Choysang, 11th Mar., 10.

Haiphong

9 a.m.

and Pakhoi-Per Macao-Per Sul Tai, 10th Mar

Hanoi, 9th Mar 9 a m.

1.15 p.m.

Swatow. Amoy and Foochow

I was also referred to the Case of R. v Dowling 8 E. & B. 005. Under the 11 and 12 Vict. c. 110 an ingolvent prisoner for debt might be discharged from im- prisonment either upon his own

The possession of the best petition or upon the petition of memory of any man in his trade any of his creditors. The 10 and in London is claimed by Mr. 11 Vict. o. 102 in abolishing the Watt, the manager of a tobas- circuits of the Insolvent Commis- conist's shop in Kingsway. sionere and transferring their Quite recently," he said "s Jurisdiction to the County man walked into the shop I now Courts, provided that "if an in manage and stopped before a box solvent petitions" the Insolvent of cigars. Before he spoke I ad- Court should refor his petition to dressed him by name and told him the Opurt of the district where he that the cigars he was looking at was imprisomed; but it omitted were the same brand that I sorved all mention of cases where tho him with in another shop in Lon Petitioner were a creditors, The don twenty-five years ago. He Shanghai and North China-Per sed the Canal-Benarty, Brasilia Court however considered that an 'intention to include the latter sufficiently appeared, To confine the Section to its literal meaning would involve the unjust result that though a vesting order might be made and the debtor be de prived of his property he would

was dumbfounded, but admitted: that what I said was correct.

a.m.

"Customers have come into Shanghai, North China, Japan this shop after intervals of months via Moji, Victoria andi and years, and into other shops

Seattle Par Tamba- in which I have worked during

The following vessels have pas-

Ghazee, Indrani, Nippon, Scandia Spezia, Schuylkill, Yorek, Swazi,

London, 14th February.. Arrivals from China;-De- modocus.

The following vessels have pas-

my twenty-eight years' experience Teigtau, Weihaiwei and Chober, Prinz Ludwig, Atlantique, maru, 11th Mar., 10 am. sed the Canal:Aki Maru, Koer- and immediately I have put down

remain imprisoned. The words in front of them the goods they if an insolvent petitions were wanted before they asked for accordingly understood to have them. When they have expressed merely put that case as an exam surprise I have simply said. Oh, ple of a more general intention you bought those the last time viz. "if a petition be presented." you were here, on such and such. For the purposes of the Legisla un occasion. ture, it was immaterial whether the petition was the insolvent's or the creditor's.

IT'S SAID

"The füroos, voices and fancies! of customers. I know in al moment."

You can't please every

body"

But

JOHNSTONE'S

M. P. WHISKY has a splendid

start. It is only a question of

getting every body to try it.

OBTAINABLE EVERYWHERE.

H RUTTONJEE & SON, WINE & SPIRIT. MERCHANTS,

French}

Mall.

Siberian

Mail.

6 a 30.0562 78 6 2 c

Calling at Manila.

All the steamers of the European Line are fitted with Wireless Tel g.ph New System of Teletanken.

For further Particulars, apply to

NORDDEUTSCHER LLOYD,

WELCHERS & CO.,

GENERAL AGENTS, HONGKONG and ÜHIN

T. F. Claxton, Director..

Hongkong. Observatory, Mar. 7.

1. Barometer, reduced to 32 degrees Fahrenheit on the level of the sea in inches, tenths and hundredths.

2 Temperature, in the shado, in degrees Fahrenholt.

3 Humidity, in percentage of saturation, the Humidity of air!

Hongkong-South China Coast Ports.

Highest Olsa, Fastest and Most Luxurions Steamers on the Coast, having ploul Accommodation for First-Class Passengers. E'etre Light Excellent Caiting.

FOR SWATOW, AMOY AND FOOCHOW RETURN; (Occupying 9 to 10 days.)

AZNAMENIVM..

SAPTUR

..

saturated with moisture being 100; HAICHINO... W. C. Pasemote TUESDAY, 11th Mar., at 10 4.m.

-Per Paoting, 11th

LEAVING, Mar, 10 a.m.

Sambia.

4 Direction of Wind, to two HAITAN...J. 3. Roach...... Saigon, Straits. Ceylon, American Mail (ex s.s.

The Prinz Sigismund with the

FRIDAY, 1416 Mar., at-10 a.m. Adelaide Western Aus-churia), is expected to arrive here

Man: Points

HAYANG A. E. Hödrin... I TUESDAY, 18th Mar., at 10 am, 5 Force of Wind, according to tralia, India, Aden, Egypt to-day

FOR SWATOW, Beaufort Scale. and Europe via Mareil-

les (Late Letters 11 to

London, 18th February. Arrivals from China-Andalu-

Noon. Extra Postago 10 sia. Erroll, Sado Maru. cents). (Letters posted

The following vessels have pas-

in all the Pillar Boxessed the Canal-Baron Napier, in time for the fret China, Glenlochy, Hyson, Neleus, clerance will be inoluded Iyo Maru, Konang Si. in this contract mail)- Per Paul Lecat, 11th Mar., 11 am.

Shanghai, North Chinia

Japan

•

6 State of Weather, b blue sky, o detached aloud, d drizzling rain

HAIMUN

f fog, g gloomy, h hall, 1 light- ning, o overcast, p passing showers, a squally, r rain, snow, 20]

thunder, v visibility, w dew wet).

t,

O Rain in inches, tenths and hundredths..

METEOROLOGICAL,

Previous

atm.

London, 21st February. Arrivals from China:-Aki Maru, Koerber, Prinzess Alice.

The following vessels have pas- via Nagasaki, sed the CanalDumbea, Nore,

Day On Date On Date Honolulu, Canada. Unit Polyphemus, Theseus, Novara. Barometer 30:15 30.16. 30.09 ed States and South Am-

London, 25th February, erica via Ban. Francisso

Temperature 65 59 Arrivals from Chint: Brasilia, Humidity 59 67 (Europe vis Biberia)-Per Denbighshire, Dumbea, Egremont Wind Chiyo-maru, 11th Mar, Castle.

11 am..

Direction ES The following vessels have pas- Force

Macao Per Sui Tai, 11th Mareed the Janal:-Benavon, Jason, Weather

Kasenga, Monmouthshiro, Teon-Rain kai, Armenia

1.15 p.m. Philippine Islands-Por

Tean,

11th Mar. 3 p.m. Swatow-Per Haimun, 12th Mar,

9 a.m.

Melbourne (direct)--Per Alden-

London, 28th February, Arrivals from China-Prinz Ludwig, Nelens

2 b

68

54.

E

bb.

Highest open air Temperature on the sil Lowest is H.K. Observatory, 6th Mar., 1913. T. F. Claxton, Director. TIDE TABLE.

Mar 1st to 7th Mar., 1913..

The following vessels have pus- ham, 12th Mar., 10 a.m.¦

sed the Canal-Aleinous, Ernest Manzanillo and Guaymas (Vari-Simona, Gosbon, Hirano Maru,

co) Per Marie, 12th Indien, Japan, Mishima Maru, 1

Prinzosa Alice, Brodstone, Sitho Shanghai and North Chinn-Feria, Furst Bulow, Rhesus.

Mar., 5 p.m.

London, 4th March.

Saenz,

Linan, 13th Mar., 3 p.m. Swatow, Amoy and Foochow The following vessels Have pas- Por Haitan, 14th Mar., 8 eed the Canal Bayern, Bena-

von, Altmark, Flintshire, Lovat, are 8.m.

Laomedon.de

Straits and India via Calcutta

Per Namsong, 14th Mar, 11am. Japan via Yokohama Per, Mut-

tra 14th Mar 11 ami

All productions of the ALEX the 'atriotest : European Super- ANDRA CARE CO are

Thur

High Water Hongkong: MTIR,

No krievi

Low Wit

MORA

Bo

Miata

... | J. W. Evan... | WEDNESDAY, 12th Mar,, at 10a.m. Bleamers will arrive at, and depart from, the Co.'s Wharf near Blake Piar

For Freight and Pangge, apply to

Douglas, Lapralk & Co., General Managers,

THE EASTERN & AUSTRALIAN

STEAMSHIP CO., LIMITED.

ALDENHAM

Mail Service to Australia

via Manila.

MAIL SCHEDULE {SUBJECT TO MODIFICATION).

Arrive Hongkong

from Australia To

On the 7th March.

ST. ALBANS................................. BASTERN zbor aromes ↑ On the 4th April";

Love Hongkong

for Australisc

On 12th March 11.. On29th Mar, 11am.

Op 26th April, 11 am,

The above Stamers are fitted with Refrigerating Machinery, ensuring a Eentiful supply of Ice, French Provisions, etc., en 1 are lighted throughout with Blentriolly: All State-Rooms in Blootzio Fans, A daly qualife1 Doctor and nor Low Water teward(as are carried.

nor Low Water.

nor Low Water

For further partstilare, apply 13

Gibb, Livingston & Co.

Printed and Published by the Proprietor.

~ 1 €4, Des Vornz Bond Central, in the City of Vistorts, Hougho