1914-10-13 — Page 5

THE PRIZE. SHIP ELSBETH.

CLAIM BY THE FORMER

OWNER.

Has the Allen Enemy any Standing?

that she was captured after the declaration of war without her having any knowledge of it. The notification of the Order-in- Council from which the para-:

THE HONGKONG TELEGRAPH, TUESDAY, OCTOBER 13, 1914,

GERMAN PLANS IN BRUSSELS.

graph was taken was an Order- New Government and Ministry, in-Council for the regulation of the "Daye of Grace." The

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Interesting particulars of Hague Couvontion had eaupoint. German methods in Brussels are ed the desirability of allowing given by Dr. Sarolla'in a message British ships in port at the to the Ohronicla from Antwerp, Loutbreak

of war to leave There are no excesses, he says, The Chief Justice, Mr. Justice within a reasonable time, and but a oharacteristic detail illus. SMOKED Gumpertz, Fat in Admiralty ofallowing ships coming into trating the pedantry of patriotiam Jurisdiction this morning to port without knowledge of the is that they have established the BACON, consider an application by Jacob war also to leave the pit at the German time instead of the Jebsen, claiming on behalf of me time. The scheme of the Greenwich time hitherto used." Rhedrie M. Jebsen, A. G. In be Order-in-Council was that if Great They also announce their inten- the true and lasful owner of the Britain received information that tion of establishing a Govern

5. Elsbeth, her tackle, apparel Germany was according like treatment, and primarily a Ministry of ABSOLUTELY THE BEST TABLE BUTTER THAT MONEY and furniture, and for all, lasse, tent British ships in German Finance.

The Dukea of Sobleswig and of conte, charges, damage and porte, then arrangements wonk demurrage and expenses which he made to allow German ships Mecklenburg and Prince Joachim have arisen, or which may also provided that if the British and Cecil.

to clear by a certain dute. It was are staying at the Hotels Astoria shall arise, by reason or means of the seizure and sinking of the Government were satisfied that the German Government, would uaidehip as a prize,

allow British ships wet on the The Attorney General, this Hon. Mr. J. H. Kemp, instructed high seas after the outbreak of by the Crown Solicitor, Mr. J'. H. W with no knowledge of the Hodgson, appeared for the Crow outbreak, to proceed on their and Mr. Eldon Potter, instructed by releasing them by Messra. Dacor, Looker, Deacon and Haraton, for the claimant.

The Attorney General said the first question that would rice was one as to procedure. As his Lordship was aware, the new rules were preclaimed on October 9, and, under the Prize Court Procedure Act of 1914, his

Prize court proceedings, the British Government would accord German ehips the same treatment,

The Germinati commander nt firet demanded 100 hostages, but he did not persist in that request. On the other haud the German governor insists upon bis huga finsucial impositions.

THE

ff

CAN BUY,

DAISY" BRAND.

TO-DAY'S ADVERTISEMENT.

A. D. C.

THEATRE

niter He also commandeered for thres days enormous supplies for the passing troops, with the result that there is already a great The British Government had scarcity of bread, and famine is received no such information of threatening. All the requisitions any reciprocal treatment on be- for food are payable in bonds" or half of the German Government, sorip or papor money issued by and on August 8 in the London the governor. Gallen notification appeared on Troops in Barracks.

The troops are mostly quartered that very point. The effect of the noice appeared in a letter in barracks, tho. officers being Loahip was given power to from Sir Edward Grey to

the largely billeted n decide what predare was to Lords of the Admiralty stating citizens

private 1st Performance

Nov. 7th- be adopted in the case of any that sections, three and eight of cause commenced under the uld rules. He coul eitbor direct the Order-in-Council would not official of the Brus sls Town that one commenced under the come into operation.

old rules shall continue under the

The

The Germans, siya n

high

Council, hoaat of having passed

4

witness

ROYAL.

THE BLUE BIRD

A FAIRY PLAY IN 5 ACTS

By MAURICE MAETERLINCK.

2nd Performance

Nov. 10th

General F. H. Kelly, C.B., and Commodore

R. N. Anstruther, U.M.G., R.N.,

in aid of.

1

THE PRINCE OF WALES' FUND.

100 PERFORMERS,

50 CHILDREN.

50 TRAINED BIRDS.

Mr. Potter replied to the pre-through Brussels 306,000 men. Under the distinguished patronage of H.E. Sir F. H. May, K.Ü.M.G., limiony objection raised by the This is an exaggeration, he old ones, or under the new Attorney General, and said the declares, but another with such adaptations de may ko, considered necesary. There was, objection apparently was that a states that it took thirty-six hours however, u preliminary point claimant who was an alien enemy for the German columns to pass which he wished to raise and that had no right of alience. The through.

According to an account in the Attorney General recited, in sup- was that the claim in this case was raised by an alicu enemy, and an port of that, the ordinary common, Mail, the German soldiers in alien enewy last no persona that one could not have deal Brusselaars behaving very kindly standi

unless be showed ings with the enemy. The Prize to the inhabitants. The officers, Covit was not governed by this report says, are living in the special grounds, such s

common law and never had large hotela and the soldiers are Order-in-Council authorising been, even from the earliest quartered in the barracks and him to trade, or a licence, or

time when it WAN govern-railway stations. something of that kind.

Itules! "Even the officers zem extreme- first paragraph of the affidavit of ed by Prize Court Jacob Jobson was as follows-lely. In the Prize: Court the ly, hungry, and buy immense "My said arco, Jebsen and alien enemy was always allowed quantities of provisions. Every are the agents in Hongkong of appear, for the vory simple thing has to be paid for io coin Rhedrie M. Jebsen A.G., a limited reason that if the owners did not by order of the German general, company according to the laws of appear there was nobody who except large purchases for the Germany;" then, at the end of would claim the ship, and it would commissariat, which are paid for the paragraph, on whose behalf love to be condemned. It would with assignats (a sort of IO U).

be a farce to have a Prize Court. The prices are not high. this claim is now mads."

in which the only person repre- | sented was the Urown, and the English couts had never been a party to such a farce as that. What the rule did say was that any claimmt inust set forth his grounde

The claim was on behalf of company in enemy territory. The claim was brought forward on behalf of tierman company and therefore on bolsif of an alien enemy. He did not know whether

£800,000 Paid on War Fine. The first instalment of the' £8,000,000 fine on Brussels- namely, 2800,000-has already been paid,"

The only act of violence by the it was necessary to cite authorities before he could be heard. He Germans has beon the blowing of the proposition that an alien was not concerned with the up of the Grunderger Station enemy could not appear unless on Brounds of the claim at the mo- because the company refused to special grounde, but he would refer ment. They might be good or obey the German ordere. his Lordship to the case of loop they might be bad, but that was

(1. U. Robinson. 106, p. 200). not a matter to a decided upon

There were other authorities to the same effect, but he would only refer to the case of the ss. Phoenix

the preliminary objection. It

as "for his Lordship to decide whether they had eat but grounds.

A SPECIAL CORPS DE BALLET OF 25. ORCHESTRA OF 25 UNDER PROFESSOR GONZALES, Gala Night Saturday, November 7th. PRICES:-DRESS CIRCLE $5.00, STALLS $4.00. Second Night Tuesday, November 10th. Ordinary Prices Commencing each evening at 9.15 p.m. sharp,

:

Booking opens at Moutrie's to holders of Advance Tickols"

on October 27th at 9 a... Gonerál Booking from October 29th.

1:

BRITISH VOLUNTEERS FROM SHANGHAI.

TO-DAY'S ADVERTISEMENTS.

TO LET.

By the P. and O. s. Namur a TO LET-Immediately. Nos. number of Shanghai volunteers 2 to 13 inclus ve, "Austin left for home, and were socorded Avenue, Kowloon. Rent, includ a hearty good-off by the large in use of electric light fittings, proceed under the new rules.

Mr. Potter agreed with this Customs, jetty.

crowd which assembled at the 558 per morth. Nos.1 and 14 888 per month. For terms of Among those course boing adopted, and point who left were Mr. AW. quartors,

lease apply to O.C.A.S.C., Head- Victoria Barracks, Hi Lordship-This gentle-el out that the Court had power Studd, of MOASIAJ Weaks Hongkong. Keys may be obtain- was always necessary to set forth man making the application is to take further evidence if it and Co., who is going to rejoined from Watchman at No. 8 on what grounds the claim was residing under licuce, I suppose? was considered necessary. made. There was also the case of

(1. Spiak's reports, p. 306). When for the claim.

a clann was made by an enemy it

Mr. Potter agreed that he was,

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GILMOUR THOMSON'S

ROYAL

BLEND

WHISKY

AS SUPPLIED TO

upon. Consignees of Cargo from H.R.H. THE PRINCE OF WALES

his old regiment as sergeant Austin Avenue. The Attorney General, outlin major; Mr. J. Bell-Irving, of Troijs (1. Spink's Reports, p. 342) and said that the standing or ing the case for the Crows, Messrs. Jardino Matheson & Co., and in that case that of the nationality of the agent did not said the ship was liable to con who has for some time been con COMPAGNIE Phoenix was referred to, and affect the question, even if the demnation on two grounde nected with the Light Horse, and Bom surprise expressed that the agent was a British subject. The 1. That the ship bare the flag Mr. Matheson, of Messrs. Butter sau point should have again grounds for the application were and class of the spemy; and field and Swire. The latter, who

8.5. "CHILI." been raised, but it was pointed that the abip left Taingtan that the ship's cargo and freight has been in Shanglani only a few

Consignees of Cargo from Lon- monthe, held a commission in the don ex. e.." Medoć,"” “Basque out that the case of the Troij before the declaration of the were enemy property.

His Lordship-I suppose it Seaforth Highlanders, which, wo Bosphore." was filed before the Phoonix was war, and that when captured

Havre ex 8.8. Basque." Teria Rsporte p 23) enunciated declaration of the war. Whether the cargo may ba coutra band of rejoining the regiment.

In connection with абото the same pri ple, that an alien those grountls were good or not war?

He also was another maller.

The Attorney General:-Yos. Mr. Richard Wood, of the Steamer are hereby informed that enemy could not quo. Before an

Mr. Polter said that thore was editorial staff of the N. C. Daily their goods with the orception of alien enemy could appear, he desired to point out that they had to show some grounds in the appeared not to sue, but in answer no dispute upon the facts unless News and formerly with the Opium, Treasure and Valuables nature of a licence from the to a monition of the Prize Court the Attorney General disputed Shanghai Mercury, has volunteer- are being landed and stored at Crown. Under the new rules on calling upon all persons to attend their contention that they did noted for active tarvice at home. He their risks into the hazardous and THIS RARE

is now undergoing a period of or extra bazardous Godowns of appearance, without such grounds and state their claims,

His Lordship-It neemo to Reading from the standing training as a reserve in the 4th the Hongkong & Kowloon Wharf being stated, should be struck oat, and, under tho old me that you have catablished interrogatories, the Attorney Gen. Black Watch (Dundee), in which & Godown Co., Ltd., at Kowloon DISTINGUISHED BY HAVING A BOUQUET

know of the war.

!

voyage

from Tsingtau to the South Sous and prior to capture a private: letter on board was destroyed.

Raub Australian Gold Mining Co., Ltd.

Bills of Lading will be count ersigned by the Undersigned. Goods remaining unclaimed after the 17th inst, at Noon will be subject to rent and landing ohar ges.

All claims must be sent in to

MILD MELLOW & MATURE.

OLD SCOTCH BLEND IS

OLD

MATURED WINES.

PRICE PER CASE 1 DOZ. OTS. DUTY PAID $20.00

whence delivery may be obtained eral said that the chip flow the battalion it is likely he may get immediately after landing. rules, the claimant could not your right to be board.

flig, ber oflicers his commission. Mr. Wood waS

FINE Optional Cargo will be forward- AS IN The Attorney General.soid ft German appear unless he stated the

Germana and shs for nearly six years a member of edon unless intimation is received grounds on which it was lawful did not matter whether the claim- were

the Consignors before for him, an alien enemy, to appear ant was sning or appearing. carried 1,800 tone of goal and "A". Co., S.V.C., and he was at from

war NOON TO DAY requesting it to The ability to appear was not the conteзn stores for the Scharnhorst home on leave when the

be landed here. in a British Court.

and Gneisenau. "She had been broke out. The claim of Jebsen and Co. 8ame.

His Lordship asked the Att chartered by the German Govern was filed on September 8. On the same day an affidavit was orney General if he knew of any ment for three months for an filed by Mr. Jebsen and it might case in which the grounds of indefinitely described be that the paragraph upon which licence to an alién enemy has been the claimant proposed to rely was given.

The Attorney General replied paragraph 11, s8 showing the

The case was adjourned until General Manager's Progress me on or before the 20th inst grounds

which on

they in the negative, and His Lordship. For the pur suggested that the point should Wednesday week, during which Report for Four Weeke Ending or they will not be recognized. could appear.

"All damaged packages will be time Mr. Potter will communicate 12th Sept. 1914: The accom poses of argument he proposed be reserved.

In auswer to the question with London on behalf of his panying sheet of Mine Measure examined on the 17th October, to assume that the Elsbath deared from her last port raised by the Crown as to the clients, through the American ment and Assay returns shows 1914 at 10 a.m. before the declaration of war-he procedure to be followed, his Consul, for information as to the total of 61 feet, made up of 5811. did not admit it, but he assumed it Lordship suggested that they practice of the German Govern- sinking, 1931. driving, and 212. for the purpose of argument, and should take the evidence already ment with relation to British crosscutting, as against 382ft, for

obtained under the old rules and ships.

the previous four weeks.

No Fire Insurance has been effected.

P. THOMAS,

Agent. Hongkong. 10th October, 1914.

SOLE AGENTS

GANDE PRICE & CO. LTD., WINE MERCHANTS,

Tel. No. 135.

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