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was gone through. "Horse racing," Search for money,
three legged" and "wheelbarrow' races were among the items, and added a new zest to the events in which all joined, from the oldest to the youngest, with a heartiness which showed how thoroughly real the enjoyment was.
On the conclusion of the sports and the distribution of prizes to the successful competi tors, rousing cheers for The King" were given, which echoed through the valley and started the paddy birds and even the villagers.
Refreshments were spread on the beach and he party, now divided, some to bathe, and others explore the district aud risit the monastery which crowns one of the neighbouring hills. About 6.30 p.m. all re-embarked without misadventure and Hongkong was
safely reached, all voting the day a royal" one, and wishing that "Empire Day occurred a little more frequently, at least, once a week.
THE HONGKONG UNIVERSITY.
MUNIFICENT GIFTS TO THE ENDOWMENT FUND.
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His Excellency the Governor writes to us:- By the courtesy of Mr. Law. I am able to inform you that Messrs. John Swire and Sons have promised £30,000 to the Endowment Fund for the University' to be invested by them in mortgage debentures which will be handed
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to the Trustees of the Fund. The Taikoo Sugar Refining Company Ltd. have promised £5,000, and the Ocean Steamship Company Ltd. a similar sum, making £40,000 in all, or at the rate of exchange of the day $450,440. These subscriptions are subject to the whole Endowment Fund being subscribed, and will no doubt stimulate emulation. The patrotic generosity of this great Firm is appropriately announced on Empire Day, and is a splendid reply to the words I used in my address this morning at Kowloon School."
CANTON.
FROM OUR CORRESPONDENT]
May 24th. INAUGURATING THE SÜNNING RAILWAY. The Board of Posts and Communications at
Peking has cabled to Chan Mung Chang, Tao- tai of Industries, instructing him to attend personally to the inauguration of the Sunning Railway, which will take place on the 16th day of this moon. He is also directed to send com. petent deputies to examine the line before the inauguration takes place, and also to send in a full report of the construction of the railway.
CANTON-HANKOW--AILWAY-DEFECTIVE
BRIDGES AND EMBANKMENTS.
It is reported that the Wu Tung Bridge, which is situated a short distance above Yuen Tam, suddenly gave way last week. The bridge is now inclined on one side with a crack several inches wide. The public say that this is due to poor material and bad workmanship. A photo- graph of the bridge has been taken for the purpose of instituting an action against the
contractors.
Owing to the recent heavy rains the embank- ments in several districts on the trunk line have also given way, necessitating repairs before the trains could run.
DISCOVERY OF A LARGE BOMB.
On the 20th inst. a detective of No. 2 station in the old Walled City discovered a large bomb hidden in a basket in a vacant house in Lau Fong street. The bomb weighed over 50 catties. The matter was reported to the station and four policemen were detailed by the office to convey the missile to the station.
PLAGUE IN NORTH CHINA.
THE HONGKONG WEEKLY PRESS AND
SUPREME COURT,
Saturday, May 22nd.
IN ORIGINAL JURISDICTION.
BEFORE HIS HONOUR SIR FRANCIS PIGGOTT (CHIEF JUSTICE).
AN INJUNCTION GRANTED.
[May 29. 1909,
agreement there was an appointment of Leung King Wo as agent, and not as manager. That alteration also would be sufficient to discharge the surety. A further paragraph set out that Leung King Wo, after the agreement entered into for guarantee, acted as compradore to the Bank. That was another ground for discharge of the surety. That also led to the point that, if this deficiency was made out against Leung King Wo, it was one which arose from his position as compradore and not from his posi- Mr. M. W. Slade, who was instructed by Mr. tion as manager. Therefore the surety was J. Scott Harston (of Messrs. Ewens and Hars-discharged on that ground from any liability tou) applied on behalf of the Portland Flour under the agreement on the part of appellant. After argument the hearing was adjourned. Mills for an interim injunction against Messrs. Soares and Co., to restrain them from selling flour in bags marked so as to be calculated to be passed off as the flour of the plaintiffs. Counsel submitted that the bags on the face of them were liable to deceive, especially as much of the four went into the country. The plaintiff's bags were marked with the three colour brand and defendants also had the same colours.
Hon. Sir Henry Berkeley, K.C., who was instructed by Mr. Lec d'Almada e Castro (of Messrs Goldring. Barlow and Morrell). for the defence, said there had been no infringement by the defendant because he was only the agent, and sold the flour on behalf on the American Trad. ing Co. Defendant had cabled the company and they replied that there was no infringement, and instructed him to contest the case.
His Lordship said he would grant the injunc- tion because even if defendaut undertook not to sell the flour someone else could do so. Не expressed regret for defendant, who he con- sidered had acted perfectly innocently in the
matter.
Tuesday, 25th May.
IN APPELLATE JURISDICTION.
(BEFORE THE FULL COURT.]
LEUNG SHUI KONG #. IMPERIAL BANK OF
CHINA.
The Chief Justice and the Puisne Judge sat to hear an appeal from the judgment of the Chief Justice in the case in which the Imperial Bank of China were plaintiffs and Leung Shui Kong defendant. Mr. W. W. Slade and Mr. H. G. Calthrop, instructed by Mr. Hett, of Messrs. Brutton and Hett, appeared for r. H. E. the appellants, and the Hon. Pollock, K. C. instructed by Mr. Gedge, of Messrs. Johnson, Stokes and Master, appeared for the respondents.
Mr. Slade, in opening, stated that this was an appeal from so much of the judgment of the Chief Justice as decreed that Leung Shui Kong
was liable on the two heads of claim, which were that he was liable as guarantor of his deceased brother on a overdraft of his deceased brother with the plaintiff bank. The main question which their Lordships would have to decide was one of law. He proposed to submit taking every single finding of fact in the learned judgment of the court below that the right conclusion of law would be that the defendant was not liable.
He would then submit that on certain small
points the learned judge in the court below did
not draw a correct inference from the facts before him.
The Chief Justice-The point is a very small one?
Mr. Slade-Yes. Counsel proceeded with his statement and the hearing was adjourned.
Wednesday, 26th May.
The hearing of the appeal was continued. Mr. Slade said he could show, from the Bank's own book, strong prima facie ground for believing that the account showing the deficiency was not a personal one, and it was for the Bank to prove the opposite beyond any reasonable doubt, before they could have judgment for the amount.
A. Tientsin contemporary states that plague is spreading in Mongolia and invading Man- Mr. Calthrop, who followed, said their Lord- churia. The same paper states that at Tong-ships would see by the re-amended defence that shan innoculation with Haffkine's vaccine is to the agreement between Leung King Wo, ap- be carried out on a large scale, and plagne pellant's deceased brother, and the Bank was measures are being conducted from the new for a term of one year on trial. As the agree. laboratories of the Chinese Engineering and
ment was only for a year, the guarantee, Mining Company, who are congratulated on therefore, was only for a year. The follow. their determination and thoroughness in dealing paragraph in the re-amended defence dealt ing with the disease in North China.
with the fact that after the expiration of the
Thursday, 27th May.
IN ADMIRALTY JURISDICTION.
BEFORE THE CHIEF JUSTICE (SIR F. PIGGOTT), WIth Lieut. BECKWITH, R.N., AS Assessor.
A COLLISION IN THE CHINA SEA.
Was
instituted by Wong Cheong Wai, owner of the
An action for damages for collision junk No. 12.115 against Michael Jebsen, of A penrade, Schleswig-Holstein, in the Empire of Germany, owner of the steamship Holstein, plaintiff claiming $10, 00 for the loss of the junk and her cargo. The collision took place place on the China Sea on 24th October, 1908. The Hon. Mr. H. E. Pollock, K.C., instructed by Messrs. Goldring, Barlow, and Morrell, appeared for the plaintiff, and Mr. M. W. Slade, instructed by Messrs. Deacon, Looker and Deacon, appeared for the defendant.
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Mr. Pollock, in opening said the plaintiff's case was that the collision occurred at about 11.30 p.m. on the 24th October last year at a place near Tong i point, situated between Hongkong and Swatow. The plaintiff's junk was cruising in company with another junk owned by his brother and they were out fish- ing. The defendant's steamer approached them and they alleged that had she kept on her course she would have cleared them, but she starboarded her helm improperly and cut the junk in two. The stern of the junk sank and four The steamer did not women were drowned. lower
render stand by to or assistance to those in the junk but contin- ued on her way to Hongkong. The portion of the junk that did not sink was towed to the sequently brought to Hongkong. The plaintiff coast by plaintiff's brother's junk and sub- alleged that the steamer was improperly and negligently navigated, that no proper look-out was kept, and that she did not comply with the regulations for prevention of collisions. fendant's story was a very different one. contention apparently was that the junk was at the time heading in towards the coast of China, and that the junk suddenly swung round on her course and attempted to pass across the steamer's bow, thereby rendering a collision inevitable.
The case was part heard and adjourned.
A NIGHT IN HIGH SOCIETY.
AND A YEAR IN JAIL.
De-
Their
For one night of pleasure, illegally obtained, Wong Fuk, a coolie, has now started on a term of a year's imprisonment. He appeared before Mr. F. A. Hazeland at the Magistracy on May 27 on the charge of breaking and entering 207, Des Voeux Road Central, and stealing there- from jewellery to the value of $730. Most of this jewellery he was successful in either pawning or selling, and with the proceeds he replenished his wardrobe and appeared at Shektontsui on Wednesday night as gentleman Wong. Clad in a long and costly silk gown, and wearing a pair of gold rimmed spectacles, he spent the evening hours with a number of singing girls. All went well while his cash lasted, but running short of this necessary article he went to pawn one of the rings he had stolen, and was detained by the pawnbroker, and handed over to the police. When his Worship heard the story yesterday he sentenced the defendant to one year's imprisonment with hard labour and twelve hours' stocks, the sentence including a charge of returning from banishment.
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