1913-12-03 — Page 5

SOTTO IN NEW ROLE.

Plaintiff in an Action for £500.

THE HONGKONG TELEGRAPH, WEDNESDAY, DECEMBER

1918.

AN AGENCY OR NOT?

"

An Interesting Claim in the Summary Court.

be informed that he had the. right to apply for habeas corpis. If any confirmation. of that was needed, his Lordship would find it in cases where hab Sir Willian Rees Davies, the cas corpus was applied for. In Chief Justice, sitting in Original the extradition proceedings taken Mr. Justice Gompertz, Puisne Jurisdiction, at the Supreme on the Repeal Statute file of 1870 Judge, bad before him in the Court, this morning, heard a case there were two treaties made, one Summary Court this morning, s in which Vicento Sotto, a journa-with the United States, and one case in which Yes Sing and list, claimed from Thomas, Carey with France, in which the contrac-Company sued J.A. Chue for Welch, Assistant Executive ting parties andertook to deliver 81.185.53 being price of goods Secretary of

the Philippine bp mutually, fugitive criminals, sold by the plaintiffs to the Islands, and John B Fawyer, and Acts of Parliament were pres-defendant.

Vice Consul for U. S. A., the led to give effect to these treaties Mr J.E, Gardiner appeared for Bum of $4,811.03, being the in the early forties-1844, the plaintiffs and Mr. D.V. equivalent of £500, in which the He thought there were a number teavenson (Messrs. Deacon, defendants are indebted to the of proceedings taken and the Looker, Deacon and Baraton) for plaintiff ander the provisions of applications for the release of the defendant. ihe Habeas Corpus Act, 31 Car prisoners under those nota con- 11, Cap. 2., by reason of their tained no reference at all to having prooured or paused habeas corpus, and next, applica

imprisonment of

the tion was frequently made for the plaintiff on a charge of abduction release of prisoners committed within the territory of the for extradition.

the

Philippine Islands, well knowing

that the plaintiff bad been dis-

charged from onetody under a

writ of habeas corpus sued outA DEAL IN LANGKATS. by him when in custody on the same charge.

His Lordship-I take it you waive the excess, Mr Gardiner?

Mr Gardiner said he did not The case had been transferred to the Summary Jurisdiction by order of the Court, and in that event he thought his Lordship had power to deal with the whole

matter.

His Lordship said he was not sure that he had, but the point could be dealt with later,

Mr. M. W. Slade, K. O., in-

Mr. Gardiner :-I do not know structed by Mr. Hind and Mr. The Puiene Judge, Mr. Justice whether it is ipoumbent on the Norrington, of Messrs Brutton Gompertz, had before him, in the plaintifle in this case to start. I and Hett, appeared for the plain-Sammary Court yesterday. ia admitted that the goods have tif. The first defendant was 3: 0360 in which Patrick been supplied and that they represented by Mr. Eldon Potter Potte, broker, sued Li Kin-tung, have been delivered to the and Mr. F. Jenkin, in 43. Connaught Road Central defendant, who has received and atruoted by Mr. Hastings, of claiming the sum of 81,000 sigued for them. His defence is "Mesure Hastings and Hastings, damages. The claim arors out of that he is the agent and, there-

whilst the second defendant was defendant's implied indemnity fore, is not liable. represented by Mr. E. H. Sharp, contained in a contract dated K.C., instructed by Mr. Reader May 9, 1912, whereby the defen Harris of Messts. Wilkinson and dant in-tucted the plaintiff to were sent to the defendant's place Griet.

His Lordship Can we start with this much, that these gonds

DAIRY FARM NEWS.

COUR

DAISY BRAND

butter

and

BUTTER

ABSOLUTELY the BEST OBTAINABLE. Nothing annoys more than indifferent or bad quality at meals or at lea.

J

INSIST ON GETTING THE BEST DON'T be INFLUENCED by your

XMAS

MACKINTOSH

MEN'S

& CO., LTD.

WEAR SPECIALISTS.""

ALL THAT IS

BEST

& CHOICEST

NEW SEASONS GOODS

SERVANTS

16,

NOW ON SHOW

YOUR INSPECTION IS GORDIALLY INVITED.

WM.

DES VOEUX ROAD,

Next door to Thos. Cook & Son.

POWELL

TELEPHONE 946

16

LTD.

EXHIBITION GRAND XMAS BAZAAR.

FANCY GOODS, TOYS,

purchase on his behalf 107 of business and when they got SMOKER'S Requisites

bia

.

His Lordship:-I am not sure it is not up to you to begin, Mr Stevenson.

Mr. Slade said there was no Langkat at Tls. 62 per share for there he signed for them? dispute as to the facts in this case delivery on July 13 and on Mr. Gardiner:Yes, but I sub- and the only question his Lord-such contract the plaintiff, to the wit that it is for him to establish ship would have to decide was a knowledge and with the consent Lagency. question of law arising on the of the defendant, made himself pleadings. The plaintiff relied personally liable to the sellers on section six of the Habeas Cor- of such shares; defendant had pus Act of Charles 11,1679; which | failed to porform the said con stated that no person or per-tract whereby the plaintiff had BODA should ba committed suffered damages. twice for the same offence, and His Lordship reserved that if any person or persons ment. knowingly recommitted or im-

prisoned, them, or knowingly Baused any person to be, recom-

Mr Stevenson submitted that: it was for the plaintiffs to prove that the goods were delivered to judg-Mr Chue; also the circumstances under which Mr Chae signed the receipts. These were two ship. ments of goods which were sent

Detailed Retures for November.

NOW OPEN

INSPECTION INVITED.

NOW OPEN

TOYS, GAMES, ETC.

IN

GREAT VARIETY.

(A REALLY SPLENDID SHOW.)

CHRISTMAS 1913,

JUST RECEIVED

NEW ARTPIECES, CUT CLASS, BRONZE FIGURES SILVERWARE, HICH GRADE JEWELLERY. WATCHES, CLOCKS, ALL THE LATEST NOVELTIES.

J.

INSPECTION SOLICITED.

KRUSE AND CO. ULLMANN & CO., CORNER OF FLOWER STRET

to Australia, and the defendant that he thought he would get out was acting with knowledge of the of his liability by adopting this plaintiffs. The claim arose out attitude of being only the agent. of these two shipments. The "The case was proceeding as we shipment of a second lot of goods went to press. was made by plaintiffs and the shipment of another lot was made The rainfall during the month by Mr Chue, with the knowledge November, as recorded at the Bo and consent of the plaintiffs. He tanic Gardens, was as follows: submitted that it was not necess

Date

Inches.

mitted, such person or peras HONGKONG RAINFALL. should forfeit to the person the sum of £500. The plaintiff said be had been imprisoned for sD offence and released on haboos corpus, then, at the instigation of the defendants, he was impri- soned a second time for the same offence. Therefore he came directly within the meaning of worde of the section quoted. The first defence raised by the defondante was that this partica- lar provision of the Habeas (orpus Act was not in force in the Colony. Acts of Parliament prior to 1843 were in force in this' Colony by virtue of section 4, Ordinance 3 of 1873, except in so far as they were inspplicable to the local circumstances of the Colony and except so far as laws passad by the local Legislature modify the Babeas forpus Act.

lat

2ad

3rd

4th

5th

6th

7th

8th

Oth

10th

11th

.03

12th

13th

14th

So far, ha (Mr Blade) was not

15th

.24.

aware of any laws passed by the

16th

local Legislature modifying: the

17th

Habes Corpus Aut.

18th

His Lordship-I think

Wo

19th

20th

21st

22ad

:

23rd

24th

26th

26th

27th

28th

29th,

30th

Total 1.22

-may take it there are none.

Mr Slade theu submitted with regard to the first of the two ex- ceptions that it was for the de- fendants to prove by evidence what particular peculiarity of this Colony or ite inhabitants would render inapplicable a law designed for Becaring their greater freedom. It would be very hard for the defendants to eatablish that the liberty of the eubject in Hongkong, be he Bri- tish or foreign, was not of ae great importance as the liberty of the subject in England it- elf. From the earliest times of extradition proceedings a writ of Habeas Corpus was the ap- propiate writ for the requistion- ing, of

a government for the

rendition of an alleged criminal.

Severe Weather.

A

ין -

New Steamer.

E

Co-Day's Advertisements

11

MAS-

COMPAGNIE. DES

·SAGERIES MARITIMES,

NOTICE TO CONSIGNEES.

6.8. "POLYNESIEN,”

In connection

THE

ANDERSON MUSIC CO., LTD.

(SUCCESSORS TO Mósara LANE, CRAWFORD & 06)

INVITE INSPECTION OF THEIR NEW #STOCK

OF PIANOS, MUSIC »AND · MUSICAL GOODS.

REGULATORS AND REPAIRERS.

6. DES VEUX ROAD, CENTRAL,

(TELEPHONE NO. 1322.)

ary for the Court to go into the It will be seen by an advertis firat ahipment co sa to appreciate ement elsewhere that the public Consignees of Cargo from Lon- EXPERT TUNERS, the position of the parties. is to be given an opportunity of don ex. e.s. "Medoc" & "Sidon," Mr. Gareiner said they had inspecting the Hongkong, Canton Consignees of Cargo from Havro nothing to do with any shipments. and Macao Steamboat Company's ex. 8.8. "Sidon"

with above plaintiff new steamer Taishan on Friday Steamer are hereby informed that The case for the was a simple one. They entered afternoon, when the vessel will be their goods with the exception of into an agreement with the berthed at the Company's Canton Opium Treasure and valuables defendant to supply bim with wharf. It may also be noted that are being landed and stored at goods to go to Australia, the steamer will inaugurats the their risk into the hazardous and defendant having informed the service on the macao line by mak- or extra hazardous Godowns of plaintifs that he had started a ing an excursion to Macao on Dun- the Hongkong Kowloon Wharf & shop in Australia. Defendant day, and doubtless large numbers Godown Co. Ltd. at Kowloon approached them some time in will avail themselves of the opport- whence delivery may be obtained Angust or September, with re-unity of making the trip by the immediately after landing. férence to supplying him with new boat, goods which he would sent to

Australia. The latter date Octo-

ber 22 bore out what the plain- tiffe would tav..

you

His Lardebip-Dɔ admit that letter?

Mr. Gardiner Yes, but the one we say the defendant kept for the purpose of his case is the one which was on the file original- ly and the one which your Lord- ship bas seen.

Proceeding, Mr. Gardiner said that in accordance with what the defendant represented to the plaintiffs, thay supplied him with three lots of goods for shipment to Australia. They were supplied personally from time to time, the final order be- ing completed and delivered to

To-day's Advertisements

HONGKONG, : CANTON

MACAO STEAMBOAT

Co., Ltd.

Optional Cargo will be forward-

CHAMPAGNES

ed on unless intimation is received MOET AND CHANDON'S DRY

from the Consignees before NOON TO-DAY requesting it to be landed here.

Bille of Lading will be count-

IMPERIAL

DO.

ersigned by the Undersigned. PRICE PER CASE. Goods remained unclaimed after 8th inst., at Noon will be subject to rant and landing charges.

All claims must be sent in to me on or before the 10th Dec., or and they will not be recognized.

NOTICE HE Directors of the Hong- kong, Canton and Macao Steamboat Co., Ltd., invite the Publio of Hongkong to inspect the

/

All damaged packages will be | examined on 8th Dec.,1913 at 10

2.m

No Fire Insurance has been effected.

'1'

8. C. DE BUSSIERRE,

Acting Agent. ⠀ Hongkong, 1st Dec., 1913, (1058

EPERNAY.

12 QUARTS DUTY PAID $63:00 24 PINTS

PERRIER

OLD

DO.

$65.00

JOUET

VINTAGE CUVEE

EPERNAY.

Company's new, steamer TAI From SHANGHAI, YOKOHAMA PRICE PER CASE.

SHAN" between the hours of 3

the defendant on January 31. and 6 p.m. on Friday, 5th Decem

It was remarkable, as the case for ber. The steamer will be berthed.

KOBE and MOJI.

the defendant was one of agency, at the Company's Canton Steam- NOTICE TO CONSIGNEES. that the brother Robert Chue, er's wharf.

W. E. CLARKE

“TORILLA,"

Beoretary, having arrived from the above

ports, consigases of cargo are hereby informed that their goodä will be delivered from alongside. Cargo impeding the discharge

DO.

12 QUARTS DUTY PAID $56.00

24 PINTS DO. $58.00

VICTOR CLIQUOT

SPECIAL DRY RHEIMS.

will be landed at consignees risk PRIGE PER CASE. 12 QUARTS DUTY PAID $35,00

Wero foreign governments to The Japanese steamer Shikoku who was in Hongkong when the By order o the Board of THE Steamship have the right to cause people to Mara, 1,404 tone, which left first order was executed, Directors,

with the be imprisoned as often ea they Newchwang for Japan with a fall had no dealings liked for reasone of their own, cargo of coal on November 12, plaintiffe and no correspondence and not the individual? The encountered severe weather in the whatever passed between him proceedings at Home and in this Gulf of Peobili during which ber and the plaintiffs. There was no Colony, except in the case of steering gear was isabled and agreement, and nothing whatever North Borneo or Shanghai, were the vessel fall off into the trough we discussed with reference to OLD CLIFTONIAN DINNER. governed by the Extradition Act of the sea, flooding the holds the delivery of any orders to of 1870-the Habeas Corpus Act, She was sighted on the following Robert Chue, The only person

and under that Act the right of evening by the French steamer plaintiffe looked to was the de- A N old Cliftonian Dinner will

A he accused person to have habeas Tatentee which took off part of fondant; they treated with him be held at the Hongkong corpus if under the circumstances her grow, the remainder standing as the principal. The defen- Club at 8 pm on FRIDAY it was justified, was expressly by the vessel. The tug Ento dant selected the goods, they December 12th recognised not confirmed by the Maru was sent from Dairen with were invoiced and charged to All old Cliftonians wishing to Aot, but recognised by the Act. salvage pumps to her assistance him, and he had paid over 8950 be present will kindly communi- It was provided that if he was and succeeded in keeping the on account. He raised, the money cate with the undersigned, committed by the magistrates he vessel aflost until she could be from a brother of the managing Mr. Evan Ormiston has con should not be liable for surrender towed to Dairen where she arrived partner of the plaintiff's firm, sented to take the chair.

P. W. GOLDRING c/o Then things got to such a pitch. for Alleen days, and he should on November 19,

GOLDRING & RUSS,

and expense into the hazardous andfor extra hazardous Godowns of the Hengkong and Kowloon Wharf and Godown Company Limited...

DO.

No Fire Insurance has been CANDE, effected.

Bills of Lading will be count- ersigned by the undersigned,

DAVID SASSOON & CO., LTD.

Agents.

Hongkong, 3rd Dec., 1913. [1059

24 PINTS

SOLE AGENTS

DO. $38.00

PRICE CO., LTD.

WINE MERCHANTS.

6, Queen's Road Central, Hongkong.

TELEPHONE No. 135

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