1921-06-17 — Page 2

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MARTIN'S PIOL & STEEL

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A Yench Zameds for ali Teregulacities. Thonda of Ladies ziwaje koop & boz of Marlin's P. Be in the bouw, so that on the trik siga of any Izzogularity of tas Byma jimny dose may be w ministered. Those who use item tecum. mend them, hence theiS #DOPISEERTAIN. All Chemte Ant Scores call them throughout the Worki, or pow? tzv 55+, MARTIN, Chemist, Southampton. Mag.

MARTIN'S

PIOL & STEEL A PILLS

THE HONGKONG TELEGRAPH.

FRIDAY, JUNE 17, 1921.

A DISPUTED LEASE. trustees did in fact object to the NEW N.Y.K. LINERS.

|grant of the proposed lasse.

Interesting Judgment in Summary Court.

In his evidence tha "defendant

TO-DAY'S CONCERT.

The programme of the violin and piano swaisal tambo given at the City Hall this afternoon at 5,45 s as follows:

Part 1.

1-(a) Toccata and Fugue Dininer Flach-Busoni. (b) Ballada C minor...... Gries

Mr H. Ure. Violin Concerto, op 25.......

Tchaikowsky

(a) Allegro moderato

(6) Canzonetta. tc) Finale

stated that the agreement was

Fast Service Between |signed by his wife and not by him-

Shanghai and Japan. [helf, but I have been asked by bath His Honour Mr. Justice J. R.parties to disregard this statement The steamers hitherto employed Wood delivered judgment in the and to assume that the agreement on the Shanghai line of the N.T.K Summary Court yesterday after-was duly made by the defendant take about 19 hours for the distance noon in a case in which the Kung himself.

[af. 150 umulion? zailan between |Hang Wing Firms claimed the aum It was argued by Mr. Watson, Moji and Shanghai, and about 06 of $3,000 from Tai Tung Lim—$220 the defendant's learned solicitor,[houra between Nagasaki- and deposited with the defendant as that this breach of the agreement Shanghai.. security for the lease of premises on the above statement of facts did In order to shorten the voyage at No. 269 Queen's Road Central, not render the defendant liable in and thereby facilitate communica- under an agreement dated Febru- damages to the plaintiffs for the tions between Japan and China, |ary 25th, 1921, and the balance of reason that the breach was due the NY.K. is having two fasi #780 damages suffered by the to an unforeseen defect in the de-jatsamers (5,500 tons ench), built in plaintiff's by reason of the breach [fendant's, own - title, Ho cited England. The now steamers have by the defendant of the agreement. "Rain v. Fothergill (1874. WR. been designed solely for the car- Mr. Leo D'Almada (Messrs. (p.261). The defendant. bad eon-fringe of passengers, and will D'Almada and Masan) represented tracted in his capacity as a trustee ba completely equipped and the plaintiffs and Mr. M. M. Wat-expecting to obtain the necessary thoroughly furnished with the son (Messrs. Johnston, Stokes and concurrence.

utmost regard for the safe- ty and confort of passengers, Master) appeared for the defen- Mr. Leo D'Almads, the learned Bach steamer will have a speed of: Idant.

solicitor for the plaintiffs, ul-154 knots, so that it will make the His Honocr in riving judgment timately did not contend that crossing in about 10 hours less than {said:

this view of the agreement the the time taken by other liners. 1a) In this case the plaintiffs claim plaintiffs could be held entitled to other words, if the steamer sails damages for a breach by the de-succeed, but he argued that this from Nagasaki at 10 a.m. it will fendant of an agreement to grant was not the effect of the agree-reach Shanghai at about 1 p.m. the the lease of certain premises. ment. The defendant bad entered following day. Special considera I have been aaked first to decide into the agreement without giving tion will also be given to scheduling whether the defendant is liable notice to the other party that he the departures and arrivals of the in damages, before considering the was contracting as a trustee. If steamers so sa to facilitate connec jamount of damages claimed.

The facts are agreed.

Mr V. Siraido.

Part 11.

SHANGHAI COLLISION

CASE

Judgment for the Plaintif Vessel

"A deferred judgment was rendered by Mr. Skinner, Turner, Cour, Shanghai, on June 9, the Chief Judge, in H. M Supreme

case arising out of the collision of the Hongkew Wharf be- tween the Yingchow, of which Messrs. Butterfield and Smire are"

agents, and the Arratoon àpear, of which Messrs. Jardine, Mathe- son and Co. are the agents The previousproceedings have already | been reported.

Mr. A. L. Hactopp and Mr. Langley Smith appeared for the 3) Meditation.....Tschaikowsky, Arra1oon apcar owners and Mr.

(b) Etude G dat major

H. Lipson Waid for the awners Arensky, the Yingobow..

el Guiotte....... Glazouncă, Etude op No. 1 Seriabis. jet Etude op 8 No. 12)

Mr H. Ore. Sextett frum

Lucia de Lammemour"

1",

His lordship, reviewing the of Marsden, the authority on vircumstances, quoted the diatum

maritime law, the last Edition of whose work says: vessel may legitimately cross the river for Violin alone

wherever it is reasonably safe to Donizetti-Saint-Luben. Įdo so, and it is the duty of other Introduction and Rondo vessels proceeding up or down,

Capriccioso...Saint Saenz, the river to use the andinasga Hindoo Chaat.

precautions for avoiding Rimaky-Korsakov-Kreisler. collision with her." It is to be Rondo de Lutins... Bazzin remembered, and I am so advised

Mr V. Siroido.

by the Assessor, said his lord- ship, that vessel in the Iposition of the Apcar after she bad left the whaif wa far tass mobile than the Yingchow

A CHINESE-INDIAN ROMANCE.

·

in any capacity the defendant was tions with the railways in Japan in fact able to grant a valid lease and Chins. When these plana are An agreement for a lease

WAS the Court would hold that he had put into effect travellers between made between the parties. The contracted in that capacity. Un pointa in Japan and Shanghai, or Įdefendant has committed a breach der the will in respect of this pro-rice reso, can economie time to

of this agreement. I am asked to perty the defendant had a double) ■ considerable extent.

coming up even with the food assume that the

agreement was capacity. He was dot only one The new steamers having been

under her. At the sama time I made in good faith and also that of the four trustees but he was planned principally for the cou-

do not forget what was said by the breach of the agreement was also a sole beneficiary for his life.veyance of passengers, the utmost | Probably it was the tall stature Mr. Justice Gorell Barnes in the committed in good faith.. The As such he could exercise the attention will be given so as to of the Indian or the gay colour af Skipsea case: it is a kind of premises which were the subject powers to grant lesses provided by ensure the maximum of safety. bis picturesque turban, that appeal. give and take: but I do not think matter of the agreement formed the Settled Estates Acts. The comfort and convenience. They willed to the Chinese girl servant of I am going too far in saying that a portion of the estate of a decess-present agreement Was within be

equipped with magnificent certain family in Macao, that made the weight of the operation at ed person who was the defendant's those powers. The defendant social balls, dining saloons and the girl sonɔuace her love for the the outset is principally upon the mother. The will of the deceased mast therefore be held liable in smoking rooms, as well as enquiry man from India. The mistress of vessel crossing, in this sense, that was proved and probate granted damages for his failure to carry orces, verandah cafes, bars, and the banne wes startled:

but she must see whather ahe bas to four executors who were also out his agreement.

promenade spaces. with ample so determined WJS the girl room and if she has room she trustees appointed under the will, On this point Mr. Watson cited Provision for the recreation and to KORIS the Indian, that she may cross." And thus it is of whom the defendant was one.Taylor v. Taylor," WR.47 steamers will carry two classes of the mistress opposed the marriage of the article on Shipping in exercisa of passengers. The threatened to commit suicide | Pus by the learned author This particular property which is falso reported in LR. 20 Eq. cases,

the subject matter under consider-p.297, and further in 1876, 3. Ch.D. third class.

passengers. Damely, first and Her mistress was belpless and the Halsbury'* Laws of England

jupon trust to

another woman.

to

zaid trustees upon trust to sell and the Court of Appeal where an a-Shanghai Liners are still morej 4. The girl will not allow the ID of getting to his proper water

etc.

ation was bequeathed in the will (CAp.145). In that case it had accommodation will consist of for the sum of $240 for the girl primarily on the Apcar. Now I The first class cabio matter was settled with the Indian 26 para. 720. The burden then is to the trustees, to hold the same been held by the Master of the special staterooms, single and At the same time, the girl present-see no reason to doubt that she pas the income Rolls that the terms of the, will double and four berth cabins, etc..ed the following conditions to her faw the Yingchow coming up thereof to my fifth son, the said prevented the exercise of power with different rates for each kind lover before she would marry him, the river at one mile distance or Tal Tang Lim, during his life and under the Statute by the bene-of on the death of the said Tai Tung ficiary for life.

room, thus cffering a wide which were all accepted by the thereabouts. The pilot says that choice of sccommodation to Indian.

he did not see her until after he |Lim in trust for the male issue, The question arising for de passengers. Heretofore, RECOLO lete."

The final paragraph of the cision

1. After marriage, the girl will not had left the wharf, and this here is whether the modation" for the third class pas- will contains the following fur-testator

walk in company with her hus-rather agrees with the story of the present mat-sengera bis been

from baad in public.

the Yingehow, which saw the ther provision: "As to all the rest ter has included any provision satisfactory. The N.Y.E. is impro-2. The Indian is to band the Apear as 7.40. In any erent it- V and residue of my estate and of-in her will which 13 inconving it and had already done so Ubiased girl all his earnings seems to me that it was_pok«ïm=" fects, both real and personal (if sistent with the exercise of statu-on most of its steamers, thereby

proper for the Apcar to leave the every month. any), and wherever situate, 1 de sory powers by the present defen-gaining the approbation of thes. the Indian is not allowed

wharf then with the Ying how vise and bequeath the same unto my dant

cultivate In "Taylor v. Taylor in travelling public. The improve-

the friendship

of coming up the river on a flood ments to be introduced in the new.

tida one mile away; the operation convert into money sach part there-peal was made from the decision of as shall be of saleable or con- of the Master of the Rolls against be paid to the

only took 81 minutes at the remarkable. Minute attention will)

dian to visit his native land. rertible nature and to get in other the exercise of the statutory

enlargement of} When all these conditions were outside: less if the times of the space, efficient parts, and I direct my said tras-power, in dismissing the appeal lighting, complate sanitary atiange-hired a carriage lavishly decorated time for a vessel doing 7 knots ventilation and agreed by both parties, the lodian Tingchow are taken. That gives tees to hold the money to arise James L. J. (1875.3.Ch.D., p.147) meat of the rooms, from such sale and conversion and said: "I should

lo-with flowers and called on the an hour to come up to the whart getting in and any money I may more time to consider the

have required dependent dining, smoking and ber house for his bride, who without and that must be enough. And die possessed of upon trust there-struction of the Acts of Parlia-provided,

con-rooms of European style will be any sign of bashfulness entered the so I am ad rised by the Assessor.

in addition to oat to pay all the expenses iament if I thought that the

carriage and went to live with her The time of 816 minutes is in deci-public room

with matted door. Indian lover. --t'antun Timer.

reality less, for by the t me of the cidental to the execution of the sion of the Master of the Rolls supplied with chess boards and

impact the Apear had taken all preceding trusts and all my debts could be considered as a decision other means of amusement a la

way off herself by the action of and funeral and testamentary ex-that a tenant for life who is to re- Japonaise. Needless to say, the

her own screw, ît þeing admitted peases and then divide the residue ceive the rents and profits during lavatories and bath rooms are up FLASHES FROM THE U. S. that she did not drop her anchor thereof if any) between the said her life through the hands of trus-to-date and complete in equip. Tai Lau Shi, Foeng Shun, Tai tees, is not the tenant for life with-ment. Tung Pui and Tai Tung Lim in in the meaning of the Acts, bat I

In fine, the N.Y K. cootidently féqual shares absolutely.”**

"The reason given by the defen-the Rolls to be based on the very will give the travelling public en- take the decision of the Master of believe that the new fast stemmers dant for his failure to fulfil his peculiar provisions of this will, tize satisfaction, and that the contract is that be was unable the mode in which the property was realisation of the scheme will ests to obtain the concurrence of his aided into two parts, and thellish one more link to waite in the fellow trustees in the formal lease mode in which the rents of one friendly relation between China aad that without their concur-part, which were his own, are de-lood Japad. frence he was unable himself to voted to the repair of the whole, grant a valid lease. The agree and the provisions compelling the ment for the lease was in writing trustees to repair and so on; and It was signed by the defendant there is a strong indications of la- with his own name, without distention on the part of the testa- elosure of any capacity in which tor that the management should. he was signing. The plaintiffsnot be taken out of the trustees had no notre and no knowledge by an application under the Act.” that they were dealin the

After carefully, reading the will! defendant as the tetor in in the present case 1 can find no- any limited cpqty. The lease thing from which to infer a similar The tranding in the West River which it was proposed to grant intention on the part of the pre-ff the Kong Chow, a small Chinese Clean, Delicious & Appetising. was to be for a period of three Once Tried Always Asked For.

sent testator. The exercise of steamer plying between Hongkong| We will believe that Germany this charge against the Apcar, European Menus a la carte at

power ander the Acts by the bene and Wuchow, has given rise to is as brok“ as sha uzyanbe is when but the same cannot be said All Hours. Teas, Ice Cream,

With reference to the adminis ficiary for life can is no way im-umnus of the foundering of the we read that any of the Hohen- about the Yingebow. It js Cold Drinks, Cakes, etc.,

tration of the estate it has been pede the trustees in their execu-Chung On, another vessel engaged zollern boys have gone to work-surpising to me that she could Special Dining Room for dinner agreed that the duties of the exe-tion of the testator's wishes. The in the same service. The Chung On New York World.

not tell if the tug was actually parties, accommodating 40 percutors under the will had by the direction contained in the final arrived yesterday according to With the X-ray you can see towing: it is not in disputa

Drawing Room at date of the agreement been com-portion of the will which auth-schedule, sons, with

the through a modela printing and that

tug began opera- tached.

pleted and that on that date the crises the payment of expenses in-

On Sunday, the 12th inst., the determine the age of the canvas Lions practically at right angles. persons named in the will as execurred in connection with the ong Chow left Wuchow for Hong-beneath. Try this on your lady to the bows of the Apear and cutors and trustees were acting as special trusts out of the proceeds og with a general cargo of live friends New Haren Union. that she had a rope of something trustees only. In giving evidence of the residuary estate is not, in stock and reword and about one German gas is more effective like 130 feet out. All the lime the defendant himself stated that my opinion, parallel with the de-Shortly after sunset she came to (S. C.) Record.

hundred Chinese passengers. in peace than in war,--Columbia (those on the Yingchow were « from the date of his mother's tailed and specific arrangements grief Dear Tak Hing, a particularly

aware of the ball on the masthead death he had himself received the made by the testator in the case rocky part of the river, and was on development that mores a man to there was not a proper lookout Civilisation is a state of human on the wharf. 1 find as a fact rents from the tenants of the pre- quoted. In my opinion the de- the rocks for several hours before pay the laundry for destroying on the Yingchow and that this mises and that he had himself fendant, in committing this breach her predicament was observed by his collars-Toledo Blade. signed the rent receipts in his own of agreement, has neglected to ex-A passing stearer, the Sai France keeps her army on the collision. Under these circum- date of the agreement at present open to him to make use of and tance.

He stated that until the ereise a legal power which it was Foo, which went to ber assistheory that although Germany tances I find that the collision under consideration, the persons is therofore liable in damages to the who were tenants daring his the plaintiffs.

ON LOK YUEN CO,

LID.

THE POPULAR CAFE-

27-35 Des Voeux Road, Central First Floor.

L{HƯNG CHANG CHO

SUEY

at all houre.

NICKEL PLATED BATHROOM FITTINGS.

TOWEL RAILS

SOAP & SPONGE RACKS. GLASS SHELVES :^^

years.

name.

mother's life-time had remained

tenants without any new agree

He niso rated that since his

PLUNKET.

THE KONG CHOW

STRANDED.

Passengers And Crew

Saved.

till the moment before the colli- Biod. This really decides the It looks as if we will take more other question: if it was correct interest in than out of Europe for her to leave the wharf, it was Arentille 15. C) Piedmont.

also correct for her to contious An Iowa judge has decided to cross: the effect of the wind for that the man is the head of the one thing is not really denied. the blockhead. Detroit Free the ships, taken from an adjoin- bousshold, but sometimes he is I have admitted two photos of

Press,

ing ship just before and just after

collision, Anybody who, thinks that oil the

continued his and water won't mix bas never lordship. The pilot has swor bought any oil stocks.-- New that they correctly represent the York World.

pitiou of the ships at the time Germany's inability pay stated. But he did not take begins where the Allies' ability photos and I have paid no atten- to collect ends.-—Norfolk Virgin.tion to them in thus deciding the case. It is obrious that unless lah Pilot.

The chief argument in favour of one knows exactly how they. American isolation is the fact that were taken they caunot be any Europe thinks it a very narrow reliable guide to positions. and dangerous policy. — Fremio | Bad look-out is alleged against Republicum

each ship: I see nothing to justify

to

Dodoubtedly contributed to the

All the passengers and lost the war she still knows whare was solely due to the fault crew were transferred to to find it-Puebla Stur Journal, of the Yingebow and I direct the the Sui Foo, which conveyed | The world will never disarm usualenquiry before the Registrar them to Hongkong. The Cap until disambilloned-Greenville (and merchants to Baress the tala of the Kong Chow is (8, C) Piedmont,

the damages, Defendante must ment after hiempompescati. THE BLESS D, OLIVER

Chinese and the crew is composed Soon it will be cheaper to buy pay the cats.

winter clothing than to go South Mr. Hartogp said he was A new altar to the Oliver of his nationals. PORCELAIN TUMBLER|mother's death the tenants had Plunket Memorial Church, The Kong Chow is about 200 for the sasson, New York Ecen-instructed to ask that costs should iholod the fees of the WITH HOLDERS, MIRRORS, ETC. made their complaints, if any, to Drogheda, on which is to be en- tops and owned by the Tung Fooking Post.

C. E. WARREN & CO. LTD.

shrined the head of the martyred S.S. Company, which hopes to start A new book is entitled Assessor and also for costs for One of the defendant's fellow Irish Primate, Blessed Oliv r sslving operations in the course of Bolshevism at Work Evident-second counsel. trustees under the will attended Plunkett, has been consecrated lew days. Part of the stip isly a work of fiction. Grenville His Lordship. granted the and informed the Court that the by Bishop McSherry.

submerged.

(S.C) Piedmont.

SANITARY ENGINEERS, 30-32 Des Voeux Road,

him.

former and refused the latter.