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is not accompanied by a friend to explain. But with the light of understanding thrown on those they become very interesting. On the other hand they are more protracted than on the Western stage, and the patie: ce of the Chinese is exemplified by the cala ness with which they will sit out the longest performance.
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in
Though the Chinese enjoy theatricals so much and actors are usually well paid it is surprising to find the contempt with which the artists are regarded. They are prohibited from entering certain professions and can never be anything more than actors. The restrictions also apply to their children. Hitherto women have not been allowed on the stage in China – the female parts being taken by boys, but lately actresses have made their appearance Shanghai and Hongkong, and it is doubtful if the change makes for good. There are four classes of actors in China. The first are those who represent the royal personages or mandarins. They must have a distinguished bearing and be able to speak without a fault. The second take the role of common women, the third impersonate ladies, and the fourth are the funny men or clowns, Special training is required before au actor can hope to command attention, and though the **training is not on the lines adopted by Western professionals it is none the less severe. Perhaps the most arduous is that through which the astor who represents a lady has to pass, but this is recognised by the larger salary which is bis. He draws more money than any of the
thers.
†
In conclusion, I would advise readers who have not visited a Chinese theatre to do so, but not without being accompanied by an intelligent guide, and they will doubtless come away with a higher opinion of Chinese theatri- oals than most people possess,
THE HONGKONG TRADE MARK
APPEAL CASE.
J. ULLMANN & Co. v. LEUBA FRERES.
The following report appears in a London paper :-
This was an appeal from a judgment of the Supreme Court of Hongkong of January 19, 1907, affirming a decision of Chief Justice Piggott in an action brought by the respondents, who are watchmakers at Fleurier, in Switzer. land, against the appellants, who are watch makers at Chaux-de-Fonds, for the alleged infringement of trade-marks on watches sold in China.
Mr. E. H. Sharp (K.C. of the Hongkong Bar) and Mr. A. C. Nesbitt appeared for the appellants; Mr. F. O. Lawrence, K.C., and Mr. D. M. Kerly for the respondents,
The arguments were heard recently before a board composed of Lord Robertson. Lord Atkinson, Lord Collins, and Sir Arthur Wilson, when judgment was reserved.
THE HONGKONG WEEKLY PRESS AND held an assignment from the trustee in bank- ruptcy of some former Bovets, which, if paper would do, apart from business, might give them a good enough title. But it was trite law (now embodied in statute, as regarded registered trade-marks) that an assignment of trade- mark, without the basiness, conferred no effective right. It had been suggested, indeed, by the Chief Justice that the following words the assignment supported the title, in "aveo l'entreprise dont elles the trade-marks]
| servent à distinguer les produits." But those general words occurred in an assignment execated in Switzerland and must be applied by evidence to Hongkong; and, unfortunately, the evidence proves that in Hongkong the business, on the incidents of which and injuries to which the respondents relied, was, de facto, not for them. theirs and was not carried on About those facts there was no ambiguity or doubt at all. Mr. Heerman, of Messrs. Gaupp and Co., who acted for the plaintiffs, on the one hand, and Mme. Bovet, on the other, were per- featly explicit on the point. It was argued for the respondents that the trial had been so con. ducted that point of title was not now open to the appollants. But, on the pleadings, the appellants expressly stated that they did not admit the averments of title and then lay by. In such a situation a plaintiff, if he ignored the question, did so at his peril, for the defence pat him to prove bis title. Fortunately however the matter was not left to be determined on a mere question of pleading, for the evidence at the trial and the additional evidence taken during the hearing of the appeal placed the question on a clear footing of ascertained fact. It was in the end courageously maintained for the respondents that they. in their quality of manufacturers, had sufficient interest to aus the action. No authority supported that conten. tion, and it was against principle. It was quite true that the respondents were interested in the success of Mme. Bovet's business, but that could never put them in her shoes in vindicating her rights against wrongdoers. Their Lordships would humbly advise his Majesty that the appeal ought to be allowed. the judgments below discharged, with costs, and the plaintiff non-suited. The respondents must pay the costs of the appeal.
|
HONGKONG.
S
The Tang Wa Flood Relief Fand now amounts to $320,00',
Captain Herbert Lyon has been appointed Commodore at Hongkong in place of Rear- Admiral Stokes. The new commodore has been in command of H.M.S. "Formidable" siuce
January of last year,
A Chinese farmer near An Tau in the New Territory was tilling his land with ballook and plough on August 12th when he was struck by lightning and killed instantly The bullock was uninjured.
The total receipts into the Treasury from January 1st to May 31st amounted to $8,081,315.62, while the payments out totalled $8,344,163.93. The payments therefore exceed the receipts by $262,848.31.
We note that the Consul for France at Hongkong, in a dispatch to the Governor- General of Indo-China, gives $5,000,000 as the estimate of the damage done by the recent typhoon, three-fifths being for damage to house property.
On Aug. 12th Mr. Percy Langley died from typhoid fever after a
very short illness
in
Sir Arthur Wilson, in now delivering (for Lord Robertson) their Lordships' judgment, said they were of opinion that the respondents -the plaintiffs-ought to have been nou suited for want of title, and that the appeal must, therefore, be allowed. The grounds of that conclusion might be very shortly stated. The action was for breach of trade-mark in Hongkong, and the trade marks in question originated with persons named Bovet and were used by them in their business at Hongkong as dealers in watches. That Hongkong busi- ness belonged now, not to the respondents, but to a Mme. Bovet, and the relation in which the hospital. Deceased, who was a olerk the respondents stood to Mme. Bovet was simply that of manufacturers to a customer. Acoordingly the only watches which they sold at Hongkong they sold to Mme. Bovet, and with those sales to her their business in Hong kong began and ended. It resulted that the only person who could be deceived, so far as they were concerned, was Mme. Bovet, and that was not their case at all. Their case consisted in ignor- ing the contractual relation (of manufacturers to dealer) by which they were connected with, and were separated from, Mme. Bovet, and identifying themselves with the trade, which belonged to her and with which, by family as well as by business interest, they were con- nected. With the trade-marks themselves they had a much more direct connexion, for they
in the service of the Dook Company at Aberdeen, was held in high estee n by a large circle of friends and acquaintances, and great sympathy is expressed for his widow, Inspector Langley (his brother), and other surviving relatives.
Mr. Amos P. Wilder, the American Consul-
Malacanan Palace, Manila, and a Manila paper General at Hoogkong, is a guest at the states that he will take a trip through the islands before continuing his voyage to Europe en route to the i nited States" We understand however, that Mr. Wilder will make a some. what prolonged stay at Hongkong before pro. oeeding home.
He has simply gone to the Philippines for a six weeks' holiday, and has no present intention of going home,
[August 17, 1908.
The case in which two Europeans, Mears Saunders and Melvin, obarge a boy, formerly in their employ, with theft was again remanded on Aug. 12. Since the prisoner had been liberated on bail complainants had discovered in a ment safe a pile of pawa tickets representing articles which he had stolen from the house, Fresh charges were preferred against the prisoner yesterday.
Mr. J. J. Leiria was on the 8th inst; entertained by the members of the Club Lu- sitano to a dinner to commemorate his promo tion from Vice-Consul to Consul for Portugal. The tables were Mr. J. L. Alves presided. decorated with the national colours, and giant palms and greenery effectively adorned the dining hall, while Machado's band discoursed musio during the evening.
Returns of the average amount of bank notes in circulation and of specie in reserve in Hong. kong, during the month ended 31st July, 1908, as certified by the managers of the respective banks, is as nader :--
BANKS.
ÅVERAGE SPECIMIN AMOUNT. RESERVE,
$ 3,665,772 2,800,000
Chartered Bank of India, Australia and China Hongkong and Shanghai
Banking Corporation... 15,023,636 10,000,000 National Bank of Chins,
Limited ..
126,914 45,00)
Total... .....$18,819,322 12,845,000 Information has been received by the Colonial Secretary from the Commissioner of Customs, Lapps, that the body of a European was washed ashore at Tungho, off Ladrone Islands, on the 2nd inst. The body was that of a man of about 28 or 30 years of age, muscular and well developed, and measuring about 5ft 8in. or 5ft. 9. in height. The wearing apparel consisted of a closely chequered blue and white suit and pair of white trousers such frequently worn by engineers when on duty, The head and face were too much battered and decomposed to allow of recognition. body has been buried by the officer in charge of the Tangho station behind the old fort on that Island,
are
The
We regret to record the death of Mr. W. G. Stackwood, who for over three years was naval ordinance officer at Hongkong. He was Ox- pecting to return home shortly, and about a week ago was on the point of leaving for a holiday trip in Japan when he was taken ill and succumbed on Monday night. The funeral took place on August 11th at the Happy Valley with Naval and Military honours, the coffin being borne on a gun carriage and a squad of blue- miral Stokes was the chief representative of the jackets and soldiers being present. Rear Ad- Navy and Colonel Lambert was the chief repre- sentative of the Army, while many brother officers of the deceased in the naval yard. and others were among the large following of mourners. The Rev. M. Longridge conducted the last rites. Much sympathy is felt for Mrs. Stackwood in her bereavement.
The remains of the late Mr. Peroy Langley were interred in the Happy Valley cemetery ou on August 14th, the Rev. F. T. Johnson conducting the barial service. The funeral was largely attended by members of the Dook staff, including Mr. R. Mitchell, chief man- ager, and Mr. W. Wilson, chief manager at Kowloon, by the Masons of the United service Lodge of which deceased had been a member for eight years; also by numerous members of the local police foros, including Quief Ia- spector Baker and Chief Detective-Inspector Hanson. The coffin was carried to the place of interment by six of deceased's former comrades, sergeants of police. Mr. Peroy Langley, who was 32 years of age, joined the local police force in 1906. In 1900 he purchased his
discharge and took up a position se olerk at the Aberdeen Dock, retaining it until his death. Daring the early months of last year, deceased who was suffering from diabetes, was ordered home, but returned to the Colony in April. Yesterday week he went to hospital suffering from the same complaint; other complications set in, and he died at 2 30 p,m, on Wednesday afternoon. Deceased leaves a wife, who is lying dangerously ill in the Matilda Hospital, and a child, who is being cared for by Luspector Langley of Kowloon.
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