1914-04-03 — Page 5

appear that the municipal law the state places it elsewhere. What he says with reference to /republic must be clearly be read is subject to the same exception.

Again Lord Cairns says at p. 593:

"In a Monarchical form of Gov- srnment, in him (the sovereign) individually, and not in 8 representative capacity, is the public property assumed by all other states and by the Courts of other states, to be vested.

"Ina republic on the other hand the sovereign power and with it the public proparty, is held to remain and to reside in the state itself and not in any officer of the state.

"Here again the proposition laid down is not that in a mon- archy only the sovereign or that in B republic, only the republio itself will be recognized by the Courte as having a right of auit. The statement goes no further than that they may sue, and that, prima facie and in the absence of contrary evidence, the state property will be assumed to

lie in them.

יז

I come next to the case of Castaneda v. Clydebank En- gineering Co. 1002, A: O, 524..

The first paragraph of the head note is as follows:

There is no auch rule as that the monarch or other titular.head of a foreign sovereign state is the only person who can sue here in respect of the pablis property or interest of that state."

Now in that ease the defendante who we shipbuilders had entered into a contract with the Minister of Marine of Spain to baild certain ships.

The Minister brought an action to enforce the contract and the Court held that the right to enforce that contract and the penalties under it was in the contracting party. It was proved that by the consititution of Spain the Minister had a right to recover the money and it was held that

THE HONGKONG TELEGRAPH, FRIDAY APRIL 3, 1914.

SPECIAL CABLES.

NEW RAILWAY.

GREAT CONCESSION TO BRITAIN.

Shanghai, Received April 2. The Nanking-Hunan Railway traverces the riobest country and has the best possibilities of traffic of any route in China. The Corporation taking over the Ping-. haiang-Chuchow railway will also build branches from Bangohow to Wahu and Wuchang, giving an aggregate length of nearly a thousand miles. The construction, will necessitate the flutation of loans amounting to £8.000,000," which will be secured by a mortgage on the line and its

revenues.

It is agreed that the chief engineer, the accountant and the traffic manager and all the materials shall be

British;

TO "FIGHT WHITE WOLF."

WIDESPREAD movement.

Shanghai, Received April 2. General Lu Chien-chang, chief of the Peking Gen. darmerie, bas been appointed commander-in-chief of the Four foresa for the suppression of "White Wolf." regiments from Mongolia are being moved towards Sheusi to operate against White Wolf."

A telegram from Chengtu says the Government has sent troops to the border in case" White Wolf" attempti to enter Szechuan. ›

H

NEW QUINTUPLE LOAN.

Shanghai, Received April 2.

The Quintuple Group's representativas have received instractions from Erope to formally open negotiations with China for a further loan.

This is specially endorsed and if an application for judg

DAIRY FARM NEWS.

BACON & HAM

DO YOU WAN › THE BEST FOR

YOUR TABLE

SEND US YOUR ORDERS

WE STOCK ABSOLUTELY 1ST QUALITY MILD CURED.

AUSTRALIAN BACON

AND

ENGLISH HAMS.

To-day's Adverfisements

THE MEDICAL HALL

Deutsche Apotheke. *

Pharmacle Internationale.

THIS WEEK WE RECOMMEND.

A PERFECT MOUTHWASH' IN

STOMATOL

MACKINTOSH

*CO., LTD.

MEN'S WEAR SPECIALISTS.

NEW STOCK OF

SMART AND SERVICEABLE.

SUN

HATS

$6.50 $7.50% $8.50 each.

16 DES VEUX ROAD. 16

WM. POWELL, LTD.

HAVE * THEIR

T TAILORING DEPT.

Is a Perfoot Mouthwash for preserving the Teeth and keeping the gum firm and healthy.....

It has been Scientifically tested and specially recommended by all the leading Bacteriologists.

It will remove bad breath, kills the germs, has a cooling effect on the mouth and leaves a very refreshing taste.

REMARKABLE LAST WILL

Huge Windfall for The Ceylon Government.

LATEST SHIPPING

NEWS.

MOVEMENTS OF STEAMERS. The C. P. R. Br. EMPRESS OF ASIA arrived Kobe on the let inst. at 3 p.m. left Kobe on the 1st inst. at midnight and

this amounted to proof that the any steps which may be necessary for money had and received. King was bound by the Minister's in connection with this action.» It sota done in his region and is also stated that the Foreign province. But the cass goes Office of the Central. Governmet most, bad been made under late Mr. James Fernando, and is due to arrive at Shanghal on the 5th

in Peking bag best informed of,

further,

section 23 of the Code it is

clear

By the death on March 14 of Sinhalera lad, the son of the grandson of the late Madaliyar

Lord Robertson says, p. 562; and has approved, the present that a statement of claim. would Sri Chandrasekera, the Ceylan, Antwerp, Middlesbro and London left

"Now the theory is, that even if this be the constitution of Spain, the King alone can sue in our

Courts.

proceedings,

This evidence seems to me to

conclude the matter as far as con- corns the motion now before us.

have been ordered..

The defendant is certainly entitled to a statement of claim

if

he desires it, and I believe that

st. at 5 a.m. The Ben Line 8.8. BENAVON from Government have become the Singapore for this port on the 2nd inst. heirs to an estate valued at ten may be be expected to arrive here on or lakhs of rupees. Madaliyar Sir, about 8th inst Chandrasekera was a well-known

Canal on the 31st Mar. for Hongkong win

The 8. GLENLOCHY passed the Suez

This seems to me not only At the trial of the action the Mr. Sharp stated in Court that he figure in Colombo before he died. Straits,

unsupported by international law, burden of establishing their claim was ready to deliver motion over plumbago, and became the Francisco on the 29th Marob..

will of o01svo-ha an chompilabanza

In my opinion this

"While apart from more parti- Here the onus is on the defend" the dismissed with costs.

but contrary to principle. cular information about the coun- try in question, our Courts will assume that where there is a Monarch public property is vested in him, this does not touch the present case.".

"In the first place it proves no more than that the King may aue; not that be must sue,

aut to show that a prima facie case has not been made out,

Sir

He amassed considerable wealth The F. M. as. SIBERIA arrived at San

The .. HOKUTO MARU sailed from

AN

EXCELLENT SELECTION

OF

NEW MATERIALS

FOR THE PRESENT AND COMING SEASON.

ALWAYS MODERATE FOR THE BEST.

J. ULLMANN & CO.

JEWELLERY, WATOMAKER, OPTICIANS.

LARGE SELECTION OF

WRIST

WATCHES

FOR LADIES & GENTLEMEN,

Prices Right

ALL WATCHES BOLD BY US ARE FULLY' GUARANTEED.

J. ULLMANN & CO. CORNER OF I

THE

STREET.

ANDERSON MUSIC CO., LTD.

ACENTS FOR

HIGH CLASS PIANOS

owner of several valuable coconates on the 25th March and is due THE FAMOUS that the question dett suggested estates and hours, including Sir- to arrive here on the 5th April. be taken in Chambers.hould iniwasa and Anandagiri in the Mr. Sharp asked their Lord-Tamon Gardens and the British ebips to certify for thres counsel. large trouatterly he purchased

The Chief Justice said there ing them at the bar ladd, buy- ought to be very strong grounds afterwards selling sales and shown for certifying three counsel European planters. He lets to and he would like to consult the balk cf his estate to his eon, Mr. Registrar as to what the practice James Fernando. The latter. had been.

To-day's Advertisements

This brings mo to the next ground, which is stated as follows: If there are any rights at all to this money (I presume that this means in any person other than the defendant) which is denied, they are in the Central Govern But, further, the present is not ment and not in the Provincial

shortly after his marriage a few A YOUNG EUROPEAN to Mr. Sharp said that they could years ago, made a will to the Fake charge of a branch. a question as to the person in Government. Thus, even asum whom the property is, but in ing that this mouey ever had

Provincial Government show good grounde

effect that, should hie con and State salary required. Apply to whom is legal right to administer been

Sir Francis Piggott expressed heir die before he reached h the Secretary The DAIRY FARM this property; and the 11th. money, it did not on the cancel- article of the condescendence gays lation of the Proclamation of that the right to deal with this Independence, revert to the Pro- the view that certifying for two twenty-fifth year, the whole & Company, Limited."

tation into that Court, and even Ceylon Government, with a provi particular property is by Spanish vincial Government but to the counsel was only a recent impor- his estate should pass to the in England three counsel would that bis widow rrosived an law, where the contract would Central Government;

allowance of Rs. 500 a month We are requested on the ma be very exceptional. lead one to expect it would be, and that is in the Minister for terials before as to come to the when the contract was made." conclusion that the Provincial. The Chief Justica said he would and that a sum of Rs. 50,000 t This judgment of Lord Robertson Government of Kwang Tang was see the Registrar, bat at present handed to a Buddhis: Temple was approved by the high superseded by a new political he thought it was very improbs founded by his father at Hor NOTICE TO CONSIGNEES.

entity, an independent state called ble that three counsel be allowed. kell. It is stated that Mr. James THE Steamship

Farther discussion on the mal authority of Lord Lindley.co

New comparing the principle into being by the proclamation here laid down with the judg-of the then Governor General ter was reserved for Chambers. menta I have referred to in Chan Kwing-ming.

U. B. v. Wagner does it not

These moneys then belonged

olearly appear that the presump to the new independent state and

Fernando had an intention of revoking this remarkable will

NORDDEUTSCHER LLOYD,

MAIL

BREMEN. IMPERIAL GERMAN

LINE.

OF

QUALITY.

NEU CREMONA

VIOLINS.

ALIMINIUM FLAT | BACKED · MANDOLINES,

ETC,

NEW MUSICY MAIL.

6. DES VIEUX ROAD.

Litrona

"PRINZESS ALICE," but he died about three years having arrived, Consignees of sgo with the will unaltered. cargo are hereby informed that t There was no reason for thinking, their Goods, with the exception however, that the infant heir of Opium, Treasure and Valu-

tions; that in a monarchy the when the authority of the Central. MRS. HARRISON LEAVES would not live for 25 years; but ables, are being landed and stored |

In the case of the President of

ON s.s. MONGOLIA

be became ill suddenly on March at their risk into the hazardous and/or extra hazardous Godowns Sovereign must Bue: and in a Government was reasserted in

13 and died the following day,

of the Hongkong and Kowloon republic the state, are prima facie Kwang Tung, the property in the

The Government have thus Wharf and Godown Company, only, and may be rebutted by money if it was divested at all,

come in for an unexpected legacy: Limited, Kowloon, and West ovidence of the constitution of the paned to the Central Government

by right of conquest.

Mrs. Francis Burton Harrison, The Colonial Secretary and the Point Godowns, whence delivery states?

We have bad occasion to the wife of the governor general, Government Agent have been ap- may be obtained. the U.S. A. v. Drummond the deliver very carefully considered and her parents, have booked pointed trustees under the will Optional Cargo will be forward- title to sue for the recovery of a judgments on this point on the pages on the Mongolia, leaving with power to substitute trustees ed on unless intimation is received legacy given to the state was pro-application for a writ of Habeas Manila for Hongkong on April in their places. The money is to from the Consignees before noon Corpus which recently game 2 anys a Manila paper. The be devoted to charitable objects to-day requesting it to be landed ved to be in the president.

Similarly here, the evidence before us. It seems unnecessary Judsons will return to their (other than Christian charities,)No claims will be admitted after shows that Kwong Tung is one to go over the ground again, and home in the States, Mrs. and among the objects" men the Goods have left the Godowns, of the constitutuent provinces of I will merely say that in my Harrison accompanying them as tioned are flood outlets, hospitals and all goods remaining undeli- the Republic of China: that the opinion the Government of the far sa China or Japan. It wse and schools. Treasury of the province has he Province was never displaced and rumoured a short time ago that longed to the

of

wed

vered after the 9th of April, Baaides an allowance of Rs. will be subject to rent.

All broken, chafed, and dem-

Province the fande in the Trezenty remain the governor general would 500 to the widow, the latter is to itsolf from time immemoried the property of the Province accompany the Jadsons as for receive, the Times of Ceylon aged Goods are to be left in the as Japsu, but press of work has understands, the family jewellery Godowns where they will be ex- entirely The third ground is by way is.

changed his plans

and furniture, which are valued amined on the 9th of April, dat nearly a lakh.

aland

provincial in its character. It is exception to the endorament on

It has not been announce further stated that by the conati- the Writ. tation of the Republic of China There is a claim for money had the Governor General of the Pre- and received and a further claim whether the Judsons will proces

Pacifio. As the vince of Kwong Tang jointly in the alternative alleging a con home via the trans Siberian of with the Commissioner of Fin version of the money. ance of the ssid Province of the No doubt at sometime during Mongolia lays over at Hong Governor General alone has the proceedings the plaintiffs will kong a week before proceeding authority as representing the mid have to slect upon which of these to Shanghai and other ports on the Province to sue for the money the two claims they will proceed way to San Francisco, the party subject matter of this sotion, and But it is impossible to say at will probably proceed to Japan to recover the same, and to take 1e etage that there „in

here on another steamer.

Posted to Hongkong. Second Lieutenant A. W. Ham has bson posted to the 2nd mane, Cornwall Light Infantry, Battalion, Hongkong on first appointment, but will do duty frooping season, with the home battalion till next

at 9.30a.m.

All claims must reach us before the 17th of April, 1914, or they will not be recognized.

No Fire Insurance will be affected..

Bills of lading will be counter- signed by the undersigned te NORDDEUTSCHER LLOYD,

MELCHERS & CO.

General Agents. ong, 3rd April, 1914,

Jansan

HAS A CHARM

OF ITS OWN

WHICH HAS

CAINED FOR

IT THE TITLE

"THE CHAIGEST

OF ALL

CHOICE WATERS'

SOLE AGENTS.

Tel.

TEL. 1322

ILKINSON'S

Do You Ever.

Pause To Con-

Hause for

sider The Hid- den Danger In

The Water?

Many Serious Illnesses will be

avoided if you

drink

WILKINSON'S

TANSAN.

As no Impurities

can get to

Tansan.-

GANDE PRICE & CO. LTD.

No. 135.

6, Queen's Road Central

Wongkong,

Page 5Page 6