1915-01-25 — Page 8

TRADING WITH THE ENEMY.

IMPORTANT HONGKONG SHIPPING CASE.

Full Court Application re a

Load of Sugar,

In the Fall Court, this morning, before Sir William Rees Davice (Chief Justice) and Mr. Justice Gompertz (Puiene. Judge) Sam Bond Company were the plaintiffs and the Flensburger Dampfschifffart Gesellschaft von

THE HONG KONG TELEGRAPH.

Mr. Fotior:Because the ship owners thought if she went cut she might be captured. It is question of force majeur, but whatever the outcome might be ! do not know, but they thought through the outbreak of war should be safer-it is history and nothing turns on it.

it

Continuing, counsel said the text point was that the Man Sang firm became insolvent and in con sequence of that insolvency Siam sons, or the agents in Swatow, acting

EXTRA

HONGKONG, MONDAY, JANUARY 25, 1915,

work for it, it

was not suf foient to say it rendered it rosideat. He could not see that the Home practice, was the same as the Hongkong practice..

The Pulene Judge:-I fail to and any substantial difference.

Mr. Poiler said that à modern judge had said that he could not make out how the rale covered a foreign corporation. There was absolutely no provision in the lome practice for a foreign corpor On instructions fromation; the only provision was for Siemssens, requested plaintiffs to a foreign corporation resident in pay direct to them any charter England. The question was money which they would pay in could a foreign corporation come the ordinary course to the Man within that rate? The Court said That procedare on their it could if the corporation was the tests and the bits of evidence which went to prove that, was to what extent they themselves or anybody on their behalf was carrying on the business. That was only one test.

1869 the defendants in an action, Sang.

CORRESPONDENCE. [The opinions expressed by the correspondents are not necessTM arily those of the "Hongkong Telegraph."]

THE BISHOP'S SERMON. (To the Editor of the Hongkong "Telegraph.) ·

Sir,It was couragents of Mr. Tozer to sign his name to the letter in your issue of January 22nd.

From bie testimonial:- per sonally, I have never heard any thing detrimental of St, Paul and character is in his favour the everything I know about his

job as a third rate office-boy or chit cxolie in one of the hoage of the Oplony.

ANOTHER PIRACY.

PIRATES AS PASSENGERS AGAIN,

Jadian Guard Deprived of Arms;

SERIOUS ARMED ROBBERY.

Japanese Badly Stabbed.""

HELPING "THE REFUGEES.

Hongkong Gifts Mach Appreciated.

The following letter has been received by Lady May

War Refugees' Committee, General Buldings, Aldwych, W.U. --18th December, 1914. Dear Lady May-Thank you

in connection with which there part was, of course, quite proper actually resident thera. One of Apostle migät be able to get a reports that on Sunday at 6 a.m. a to neoossitate his removal to into the badges and ditches of "

"""

The Puisno Julge; It is the ainly ought to know the famous the piangers in the first class Police Station has any connection any rate to cover them and bogia

Was on opplication: (1) for the and plaintiffs acquiesced and paid return of the sum of 314,000 at once. It was paid and the pay paid by the plaintiffs to Masera. ment was not disputed. Further Deacon, Looker, Deacon and more they advanced considerable Hanton on behalf of the defend. sums on the ship. That was not anta to obtain the release of 1,168 disputed and was only historical bags of sugar, the property of the On August 19 the plaintifle plaintiffs and then on board received a further letter from the the defendants' steamship Sexia agents of the ship, which was of Swato importance.. It was received by of the port and which sagar the defendants Mesara, Sim Beo in Amy from wrongfully refused to deliver to the agents of the ship in Swataware they carrying on business? the plaintiffs or their order; (2), calling upon the plaintiffa-for the for & declaration that the defend first time for all monies owing

Mr. Potter-Are they resident ants were not entitled to a lien by the original charterers under where they are doing business in or charge upon the said 1,168 tage their charter. On the instructions the sense of being a foreign corporation; take an office in

in

enclusive test in every C180.

Mr. Potter: No, not absolutely but where a firm hiros building Tao Paisne Judge: That is

CEPHAS

They did eo, but, on entering the compartment, were immed iately set upon and deprived of their arms three revolvers which

of sugar for the payment of any of Siemseens, the agenta in Hong- sums due or alleged to be due to kong, they would see, in a letter London and open its doors-then/ Passages in his condomnation-revolvers which had been taken custody of men under detention, for the moment as destitute as the defendants under a time "chatler party entered into between the defendants and Man Sang and Company; (3), damages for wrongful detention of the said 1,188 bags of suger.

"

An astonishing story of an at- The report of another startling from Wanchai. It appears that tempted armed robbery comes piraoy has been made to the on Saturday four men, armed police, affording a farther instance with kuives and daggere, entered of how intending pirates board No. 12F, Praya East and struck vessels in Hongkong and commit and wounded two of the inmates, their robberies when outside the Chinese women, both of whom all very much for the two large limits of territorial waters. Pang have been sent to the Government parcels of clothing which have Kan, the master of the steam Oisil Hospital. On the alarm already arrived in England. I launch Kong Hoag, owned by being raised, & Japanese, named sent them yesterday for the use, the Pak Hang Co., 20, Connaught Faziu, attempted to arrest one of of sevenly orphans who have been between this colony and San Mei, abdomen, his condition being such wandering for three months and trading the men and was stabbed in the through most terrible sufferings, Road Contral,

he left Hongkong for Son Mei hospital for treatment. Eventual Flanders and Holland, sleeping with fourteen first and 41, steerage ly, however, two of the party were sometimes in the oren and often passengers on board, as well as a arrested.

without anything to eat. They Your correspondent seems to cargo of fish and clothing.

Whether the following reported have landed in England and we hide his knowledge and com- When off Tai Chau, in Chinese attempt to liberate fourteen pri- have taken them into a hostel, petence under a bashel. He cert-waters, he heard a noise among soners from custody at the Central where your clothes will help at passage by a well-known Eng and ordered the two ladian watch with the armed robbery has yet the process of consolation which lish writer: Well-nigh every men he had on board to see to be ascertained, but it is inter-will, I hope, soon remove from thing that has ever boen evil in what was the matter." Christianity, its temporal power,

esting to note that if the plan had their childish hearts the remem- succeeded at least one of them brance of all that they have suf- its accuraad intolerance, its con-

would have escaped.

ferad. tempt for reason, for beautiful

A Possible Sequel.

Yes; we have been busy with living, for overy sweet and susay

It appears that the cells in the this refuge work, and the scope of and simple aspect of the world were fully loaded and eighteen basement of the new Police it goes from orphans such as those ...Bows directly from Paul." rounde of ammunition. A number Court which is being built are that I have just decribed to people English writers team with of the passengers, using the very already being used for the safe of the very highest rank who are

but I refrain. Yours etc.

from the Indians, rounded up the and in one of them were put four the orphans. This last class written on Siemssens' behalf a ro- it is resident. The Court did not

rest of the passengere, the oom ten prisoners, including one constitutes our most diffioult quest for all monies due on the

enquire whether it had opened bas

pradors and cooks and forced of Hongkong, Jan. 25, 1915.

the men

arrested time charter. This incas. The Cartenye itia resident.

ia problem, and I am trying to original

them down below into the after connection with the armed raise approximately to

a private fund for amounted

Your Lordehip will had no law (To the Editor of the Hongkong bold. They then look complete robbery. At about $33,000 in Hongkong currency, saying "Tais firm is carrying o

Telegraph.)

charge of the boat and ran her up o'clock this morning, someone of the better class in houses 5.45 the purpose of acquiring hostels It was fairly obvious the claim

business and is liable to be served," Sir. The discussion between on the beach off Sim Lia village, came along the corridor in which which are freely lont de was not preferred by the owners This firm is resident" is all they Mr. Tozer and "Heretio, upon in Bias Bay. Having ransacked were the cells and broke the lock friends in London. It is, of by our personally, because it was very say. But that was not the only the Bishop's sermon, appears to the boat, they then left it.of the padlock fastening the cell coarse, rather expensive to keep unlikely that the owners in Ger- thing they had to enquire into in have raised considerable interest The people in the after hold, in question. The prisoners were a house going fir forty or lifty were able to get in Hongkong but whether in its own even among the supposed lethar-earing no noise for something apparently making ready to clear people of the upper classes. They The Chief Justice said he would communication with Siemasens name or in the name of the firm gio community of Hongkong, but like a quarter of anbour, at length out, when the occupant of an are charming about wishing be glad to have the case as be- in Hongkong. But, be thought through a duly authorised agent. 6 me, and, I believe, very came up on deck and found that adjoining cell raised the alarm everything to be most simple, but ginning de noro as his learned Siomssons were acting as thor So in this Colony you need not large section of that community, the robbers had gone off with end called the attention of an Brother knew nothing of what had would not on behalf of the have a foreign nams up at all, anbe discussion starts upon an secargo and personal effects to the ladian, who was on daly, to the deal.

even simple comforts cost a good Fl owners. That did not affect the taken place in Chambers..

matter. The latter at once re At the other end of the scale I Mr. Potter agreed to the sug-legal position. The result was that portant element in Home cases, sumption which is not universally value of $4,500.

but have another man altogether accepted. Ever that bold, nangh A report of the matter was ported the occurrence to the have also a private fund for sup gestion and said this was on ap- the agents, on the instructions of to look after your business. ty person, the "self-opinionated made to the commander of the European sergeant on duty, and plying small comforts to the very plication for leave to proceed ex Sieussens, refused to give up the

The Paisne Judge-Single Heretic," is, according to his own Chiness gunboat Kung Yik- on inspection he found the lock poor in the Government refuges. sugar unless the plaintiffs paid persona carrying on business in statement, a Christian who has park with that action.

A recount of the number of broken. A new one was immedi- We give needles and cotton, The Chief Justice:-What the amount claimed by them firm's name?

a profound reverence for St. Paul, people on board after the outrage stely put in. against the original charter.

hairpins, tobacco, playing cards, Bection ?

and, if I may say go with showed that twenty-three people Access to the building would wool for kaitting and other small Mr. Potter:-Section 50. The Eventually a payment was made

courtesy the assumption upon were missing, and it is thought be easy on account of the number things to relieve to some extent facta lending

to the by the plaintiffs of a .sum of

which this discussion, as indeed that this number was the of Chinese still employed on it. the discomfort in which the poor issue of the writ in this action $14,000, to Mesara, Deacon, Look

every statement in the public strength of the pirates.

One of the man arrested in con- deara arrive at the end of their are quite short, and with your er, Deacon and Harston under

press of Hongkong, proceeds, is

nection with the armed robbery sorrowful pilgrimage. The Gov Lordshipa' permission I will circumstances which he would

that we all believe and that we all

has been sent to the Government erament fade food and shelter detail them to you before read detail to the Court in a moment.

(speak, of course, of the

Civil Hospital suffering from in-for this class, and we are only ing the affidavits. Mesure.It was in respect to the sum of

juries to his foot alloged to have concerned with drafting them Siemsson and Company, who were $14,000 paid to the solicitora un

European community) are Christ-

been caused by falling down the afterwards into the hospitality agents for the defendant com- der protest, in order to get the

staira of the house he is suspected which the country offers, helping pany, which company is resident sagar released, that this action in Germany, chartered a ship, was now brought. They had no

of extering.

them to get work and comforting VOLUNTEER ORDERS.

them as we can while they are the property of the defendant quarrel with the attitude of

passing through our hands. company, by name, Sexta, to a Messrs. Siemens, but it came as firm called the Man bangefirm. a thunderclap to the plaintifs

If soyone in Hongkong is at all. Corps Orders isaned to-day by inclined to send money for either The defendants are a German when defendants refused to firm registered in Germany

The Fuisne Judge:- or both sides contemplated epoody business in the name of the Company?

proceedings being taken. The principsi or foreign corporation attitude.. was Mr. L'otter understand company, my Lord. I do not compelled the deposit of those firm or duly authorised agent. know which she is. I think it is into Siemssens immediately. It what the exact translation goode, a writ would be slipped firm or company, but whether was thought advisable to pay the the same as our limited companies money to eclicitors. If they. I do not know.

Mr. Eldon Potter, instructed by Mr. Crew, of Masers. Hastings and Hastings, appeared for the

• plaintiff to make the application, many

ар

some sort of corporation?

Mr Potter:-Yen.

Mexsis. Siemsaen chaiter ?

a

as

Mr. Potter: He himself non-resident cannot do it.

The Paisne Judge-Why not? Mr. Potter-Because this section would not apply. This section applies to non- residents and if he is John Smith he is resident in Germany and nonresident in this Colony and the business bere carried on by an authorised agent is at once liable to be served although he is non-resident. The section con- templates total abrence. The

isus.

LATEST SHIPPING WAMNEWS

MOVEMENT OF STEAMER.

The E. & Aas, ALDENHAM from Sydney sto., left Manik for this port on 21th fast, and may be expected to arrive hore on Thursday morning.

and

accept service of the writ, because word agent is used as carrying on stance, believe in a Heaven and thought's handmaid, memory, bei Lieut.-Col, A. Chapman, V. Dof these funds, it will be most

were

pay

you,

"Do we

state:**

Bat the far more important question to my mind is this: D3 we believe? Do twenty per cent. of the professional and meroastile, community of Hongkong believe?

And if our thought, And if so, what? Do we, for in-

Hell, and if so, what do we not left to us after death, what

Masketry (Standard Test).-gratefully received. Possibly mean by these terms? Do we then is there that remains?

some might like to contribute. It' Now I think that most will Musketry (Trained men only) they would be so kind, and will not as if we believed that that if they carrying on business through his world was a preparation for agree that the Christian religion will be carried out as follows

The Paisno Judge:John and ask, do we believe in an in- divideal life after death and that, M. G. Co. at 2.30 p.m. Sunday of its capacity.

the next? Nay, we may go farther, is indissolubly based upon an in- Saturday, 30th inst., Left Sections it to me, I will take care that it is administered to the very best Smith might carry on as Herr dividual life after death at all? in the words of the Apostle for 3let inst., Civil Service Company Smith, agent of the company,

We know that thought is whom "Heretic" has a deep punctually at the times etated

at 9.30 am. Members must attend COMMITTED FOR TRIAL. directly produced by the action of reverence, if the dead rise not, compelled to

This afternoon at the Police Mr. Potter then said that that the grey matter of the brain; then is Christ not risen, and if above. Any man attending Court, before Mr. I. A. Hazeland, The Paisae Judge-AnyhowSiemsscsit left them, no would render him liable to service. that whenever such matter is Christ be not raised, your faith isote: Only members who have with being concerned in an armed late will not be allowed to fire. To Roi, a Chinese, was charged option but to proceed, not Wers Semssons the agents or found, thought is found in con vain, (1 Corinthianszy 16 & 17). fired Pait I can fire the Standard only against the owners, but to were they not of that firm? That néstion with it; that whenever. So to wind up an unconscionably Test. Officer on duty in the robbery at Mong Kok. The Puisse Judge:You say make Siemsaeus a party. It was being so, the case was finished, it is not found, thought is long letter I ask

Inspector Gerrard prosecuted," made the done to make sure that they had because being so they came absent, and that it is even possible believe? and, if so, what, and Butts, Saturday, 30.h inst. Lieut. and Mr. R. O. Faithfull defended.

a chance to get the amount claim-within the section:

to trace e quantitive relation be upon what evidence?" Danby; Sunday, 31st instant, Mr. Potter: Yes, they made ed. The sugar was very valuable

Evidence was given this after tween the amount of gray matter

Lieut. Kennett. An cfficer of the the charter with a firm called at that time and he thought the

Mr. Potter, continging, said we and the power of thought. We or antagonistio spuit, but as one

I write this letter in socaptions unit firing will attend to take noon to the effect that the paper the Man Sang firm, who are ទ other side would appreciate that, had patirely different rules in know now, that if a bit of the earnestly seeking an answer to a charge of the firing point each all which the subsidiary coin Hongkong firm, and the Man He did not suggest that they made Hongkong from the Home rules, skull pan presses on the brain, question, the answer to which I day and sufficient N.O.Os. of the alleged to have been stolen and Sang firm, in turn, as they were an unfair use of it. It had been This wasnot a foreign corporation thought may entirely disappear hava assiduously sought for many unite will attend to assist the in-covered, was wrapped, was part sailed to do, sub-chartered to agreed to deposit the money with but a corporation in Hongkong or become so changed that the years. It is no good to discuss

of a Swedish newspaper. Officers Training Lecture found in the house of the com- A Swedish newspaper was - us, so we are really, the sub-char-/ the solicitors, which was astia. It was amenable to our jurisdio- formerly virtuons being bethese old and familiar questions. There will no lecture to-morrow,{ terers and the Man Song doesn's factory to the plaintiffs. The tion and domiciled here and the oomees dangerous thief Have they, indeed, ever been affect this application at all. As solicitors had no right to address word "foreigo nerer ontered

plainant. 20th instant nymphomaniac. discussed a matter of fact the Man Sang's the plaintiffs or the Court as they into it so far as local law We know that as the man And if these questions cannot

Parades Parades for Tuesday, for trial.

The prisoner was committed is a lime charter and ours a voy did. age charter and it does not affect The Puisne Jadge: If the so, as f.r as service we concerned if one little piece of the brain not time, when money is so badly

A was concerned. That being grows old, thought weikens, that be answered satisfactorily, is it 26th instant, 5.10 p.m. Parade on

Cricket Ground. Leave by special Sir Thomas Sutherland, this particular application at all, agents here must get instructions it was destined to be resident is caten away, the faculty of needed to support our wounded trams at 5.15 p.m. for the Polo Sir Thomas Sutherland, apon and we in our sub-charter took from Home the basinos is not within this Colony. They the mind that expresses itself soldiers at home, that we ceased talion drill. Members living in the ship of the Peni O. Company, Ground, Causeway Bay, for Bat his retirement from the obairman had an office here and were an through that part of the brain lavishly to support the boat to Bamazang and there carried on here...

Mr. Potter said the dialinction doubtedly resident. By giving disappears; and if thought so missions in their loaded her with sugar and the

Eastern district may fall in at the on 21at ult,, took farewell of the ship proceeded to Swatow, but it was enormous. There was no the document in to the resident grows and increases with the to convert a nation who are Polo Ground at 5.25 pm. As staff at the London and Dock was held up at Amoy owing to question of residence in this case office or leaving it with the re growth and increase of the brain, already in possession of a fine many members of Belchers Sec offices of the company. A few the outbreak of the war between under rale 8. The question the sponsible person residing in the if it varies with brain conditions, system of ethics in Confucianism, ion as possible and any exempted brief speeches were delivered, and Great Britain and Germany. I Court had to decide was whether Colony it could be cerred. When it as the brain decays, though an excellent system of philosophy on who can attend are asked to fir Thomas, who was greeted in am told it is the other way about, a foreign corporation in carrying the corporation was outside disappears, what evidence of any in Buddhism and a beautiful and be present the most enthusiastic way, gove business in England was jurisdiction, the doorment could kind is there that when the brain pure mysticism in both Buddhism Smith. Orderly Sergeant, bis early associations with the my Lords; she was going on the on

Detail Orderly Officer, Liant, some interesting reminiscences of Voyage and was held up at Swa- rezident in England. Although be served by giving it to such disintegrates after death, thought and Taoism. tow-anyhow that is only it may have been carrying on agent.

rises triumphant from ile ruins.

Sergt. Hegarty. To furnish Guard company's business. Sir Thomas The hearing was prooceding as and exists in strength and ma historical,

tonight, Civil Service Company; and Lady Batherland are stay we went to press

jeaty

to-morrow, Bight Section MG. Co. of the Empire Hotel,

The Chief Justice -- Why?

basiness in the songe of an agent who was thera

obronio or

foreign

attempta

Youra eis,,

Hoogkong, Jan. 28, 1015.

stractör.