Page
November 28, 1908.)
NEW BANK NOTES
The Ta Ching Bank (Imperial Chinese Go. vernment Bank) here have issued notes that will have the same valne as foreign bank notes. The notes can be cashed at any time. They will issue tael notes when the tael coins are put in circulation.
GAS FACTORY.
A wealthy merchant here, named Kwan Tsun Chew, has petitioned the Taotai of Industries for the privilege of building a Gas Factory to supply gas-lights to residents in the City of Canton. The capital is $1,000,000, The Taotai has not yet sanctioned the privilege.
A CRANK'S DIVERSION.
A certain military official who has a grudge, no doubt, against Ex-Viceroy Shum is stamp- ing on all the Hongkong and Shanghai bank notes that go through his hands the characters
(斬岑春煊全家) ie. "Behead Shum Chun Han and his whole family,"
THE NATIONAL MOURNING,
EXPRESSIONS OF SYMPATHY AT SHANGHAI.
In the Shanghai Courts of law the death of the Empress Dowager and the Emperor called forth expressions of sympathy. with China in her double loss. At H.B.M.'s Supreme Court! sympathy was expressed by the adjournment of the Court for the trial of Civil Cases on the motion of Mr. Douglas the senior member of the Bar present.
GHINA OVERLAND TRADE REPORT
THE POLICE AND STATE MOURNING AT CANTON.
Recently some of the poor people at Canton who are either ignorant of the State mourning rites or too poor to replenish their wardrobes with mourning suits have been experiencing rather rough treatment in the streets at the hands of the police.
old child on her back was passing near the The other day a woman carrying a two-year Kwong-chow Prefect's Yamen when a police. man pounced upon the child and tore off a gaudy-coloured jacket made of foreign printed chintz. The poor little youngster was almost. might. frightened to death and screamed with all his
red string in her coiffure, was stopped by Yesterday another woman who had some the police who tore the offending string from her hair.
Several coolies who Fore old coloured European sweaters which had been purchased probably from second hand stores were requested by the police to take them off.
It is a general opinion that the police should exercise more discretion in the enforce- ment of the orders.
There is some trouble with the Crockery Guild who refused to lend wars for the decora tion of the Kwan Tai Temple and the Wong Wah Hall where the ceremonies in connection with the deaths of the Emperor and Empress. Dowager are held. The head of the Guild, named Lum Wah, has been arrested and confined in the Nam Hoi Prison and will be tried by the Nam Hoi Magistrate when the mourning is over. The Guild is now clamouring for the immediate His Lordship (Mr. A. R, Vincent) said he was release of Wong Wah. So far the officials have glad Mr. Douglas, as the senior member of the not released him. Bar present, had alluded to the sad occurrence occasions the merchants are to lend the neces
Tradition has it that on such in the manner he had. They have all heard ofsary articles for the decoration of the Temple. the gad occurrence with the greatest regret and All the barbers shops are closed here. Two as a mark of respect and an expression of days ago one of the fraternity was caught sympathy with the Chinese people in their loss, sharing a client in his shop. the Court will stand adjourned until to-morrow arrested both the barber and his client.
The police at ten o'clock.
The Magistrate ordered the barber to be flogged 40 strokes and sentenced his client to 100 days imprisonment with hard labour for shaving his head during the ing period. As the offence is punishable by the capital sentence it is considered that the delin. quents got off lightly.
A criminal case had been set down for trial in H.B.M.'s Supreme Court but before the trial was proceeded with sympathetic references were made to the death of the Emperor and Empress Dowager by the Crown Advocate and by Mr. F.S.A. Bourne, acting Judge.
On his Lordship taking his seat upon the bench at 10 a.m. Mr. H. P. Wilkinson (Crown advocate) spoke as follows:-It is with deep regret that we learn of the death of the ruler of this Empire. I submit, my Lord. that the highest mark of respect this Court can pay at the moment is for it to proceed with the administration of justice, especially in a case in which subjects of China are concerned.
moura.
CANTON HANKOW RAILWAY.
TIME LIMITS FOR CONSTRUCTION SET.
The Board of Posts and Communications, has notified the Canton Authorities that owing to His Lordship then rose to his feet and spoke the death of the late Emperor and Empress as follows, all others present in court upstanding: Dowager His Excellency Chang Chi Tung will -Mr. Crown Advocate. It should be recorded not be able to proceed to Canton to investigate that this Court hears with the deepest regret the Canton Hankow Railway Co's affairs. The of the death of the rulers of this country. If office which was recently established in Peking this had been a civil case the court would have adjourned as a mark of respect, but I agree with you it would be better to go on with the work of the Court.
The business of the Court was then proceeded
with.
by Chang Chi Tung for this purpose has been abolished and the entire management of the Railway has been placed under the control of the Board. The Board has decided to depute three special delegates to proceed to the Provinces of Hupeh. Hunan and Kwang ME. DAVID LANDALE EXPRESSES SYMPATHY. tung before the end of this roar to in- At the annual distribution of prizes of the restigate the financial position of the Canton- S,V.C. at the Town Hall Mr. David Landale, Hankow Railway companies in each of these Chairman of the Council, made reference to the provinces and also to ascertain the actual amount death of the Emperor and Empress Dowager of work constructed in each province. The in the following terms:--Ladies and Gentlemen: dispatch allows two years time to the Kwang -Before we begin the business of this evening I tang Company to complete its section of the would like to express on behalf of this Com-line and three years are set for the completion of munity our sympathy with the Chinese Nation Hupeh and Hunan sections. in the loss they have sustained by the death of is not fully subscribed by the shareholders of If the capital their august Majesties the Empress Dowager and these three sections the Board of Posts and the Emperor. Although the health of His Im- Communications will find the necessary funds for perial Majesty for many years past has not been the construction of the entire line. such as would admit of his taking active part in Pablic Affairs. we must none the less condole Chi Ting has appointed Taotai Wong Ping It is reported that His Exellency Chang with his loyal subjects in the loss of their Yan as Chief Superintendent of the Kwangtung Sovereign. I am sure it is the sincere hope of section of the Canton-Hankow Railway, but, so all of us that his successor will be a strong and far. the appointment has not been confirmed. just ruler (Hear hear.) By the death of Her The Directors of the Company at Canton have Majesty, the Empress Dowager, a great announced to the public that a further exten- personality has passed away; she will ever be sion of 15 days is allowed to the shareholders remembered for her strength of purpose. for the payment of the second instalment on the firmness in adversity, and in later years the shares. The previous extension of two months' enlightenment she has shown in dealing with expired on the 23rd instant. affairs of state.
Telegrams to the above effect have already been sent abroad.
SUPREME COURT
Thursday, 26th November.
IN APPELLATE JURISDICTION.
[BEFORE THE FULL COURT.]
APPEAL TO THE PRIVY COUNCIL.
387
E. P. Lang (of Messrs. Deacon, Looker and Sir Henry Berkeley, K.C. instructed by Mr.
Council against the judgment of the Full Court Deacon) moved for leave to appeal to the Privy dismissing the appeal to set aside the verdict of the special jury in the case in which Reuter, Brockelmann and Co. were appellants, and Tung Lok Tong and others respondents.
Counsel referred to the Chief Justice's decision in the Appeal Court as justifying this applica- tion. In his opening his Lordship said the case contained questions of considerable importance, some of them travelling beyond the domain of familiar law, and it was proper that they should
be submitted a second time to the Court. Then
again be said the question which this case raised was one of considerable importance, and was one which he did not approach without considerable anxiety Counsel concluded his address by say. ing that he respondents should give security for payment of the appellants cost in the erent of the Privy Council upholding the appeal
The Chief Justice They are not bound to. It has been a custom when judgments have been given for Counsel to say they are considering their position and that they want a stay of execution with regard to costa, as was done in this case, and the undertaking of the solicitor to repay the costs in the event of the appeal being refused. Neither the Puisne Judge nor myself are satisfied that that is the proper practice.
Sir Henry Berkeley-I don't think it is. The Chief Justice-At the same time we feel that there is a difficulty in dealing with this payment of costs between judgment and the time for applying to the Privy Council, and all
We
want to say now is that next time the question arises it must be fully argued.
Their Lordships granted leave to appeal, and left the question of security to be settled by the Registrar.
APPEAL AGAINST
A MAGISTRATE'S DECISION. The Colonial Treasurer v. H. Ruttonjee and II. G. Ruttonjee.
This case arose out of an alleged breach of ection 23 of the Stamp Ordinance 1907, int which the defendants were charged with receiv- ing three payments from one Stella Bromfield, without stamping the receipts.
The Attorney General (Hon. Mr. W. Rees Davies, K.C.), instructed by Mr. Dennys (of the Crown Solicitor's office) appeared for the appellant, while Mr. H. J. Ruttonjee appeared in person.
The Attorney-General said this was a case stated by the Magistrate under section 98 of the Magistrates Ordinance of 1890 in regard to a decision which he gave in a case in which the respondents were defendants. Their Lordships would observe that the learned Magistrate found in favour of the respondents, and he did so on the grounds that the receipts were given by servants acting within the ordinary scope o their duties. In addition however, to the cased cited before the Magistrate there were various other authorities, and, as far as he read the law, it apppeared to be quite clear that where servants were acting within the scope of their authority, unless it could be shown they were doing something for their own benefit in which the master did not participate, the master was liable.
respondent.
The Court expressed a desire to hear the
Mr. Ruttonjes said-I appear for my father competent jurisdiction and discharged. and myself. We have been tried by a court of have been summoned here by the Crown to be retried on the same charge and appear under protest. If we had been convicted, we would willingly have paid any fine imposed on us. Our solicitor appeared for us and raised the The fault, if any, is the fault of our servants,
defence that we are not liable for the acts of Under the circumstances the
our servants.
?
We
Magistrate took that view. We are informed by our solicitor that the Crown are proposing to
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