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CHANG SHIH-CHANG V. HONGKONG AND SHANGHAI BANK.

INJUNCTION CONTINUED..

JUDGMENT OF HUM, SUPREMI

COUNT.

Telephone 23.

THE CHINA MAIL.

WOMEN AS PILOTS.

[BY FLYING INSTRUCTOR:)

If anyone had suggested to me a few years ago that women would ever be able to fly I should have given a hundred, and one reasons why they could not possibly do so,

Consequendy, when I found my last instructional list contained a woman pupil 1 had serious thoughts of resigning my position, rather than. undertake what appeared to be a fruit-

His Honour: The question is the limit of time. As Mr. McNeill had remarked it was obviously impossible to run the order for an indefinite of indeterminate time. They should push on the proceedings with, all dueless task. speed.

Mr. McLec agreed.

4

He was

TIMETABLE HUMOUR.

Alose men are inclined to underrate the feminine capacity to perform work in which they themselves are already proficiem. Flying especially seems

It can be imagined now surprised: I was to find that after a few dual con- flights she readily enough began to feel the machine and possessed remarkably well-developed powers of balance.

When a few more lessons had been given my theory of nervy, hysterical women Lainting in the cockpit was antirely shattered, and i became more and more interested in my remark. ably apt pupil.

NO AIR WORRY.

Later, when she made her first Flight alone, I was not as anxious about her safety as I have been about hat of hundreds of masculine tyros who have passed through my hands:-- The feminine temperament is ad- mirably suited to aviation, the nerv Jus system being highly developed, and a sense of premonition being pre-dominant.

no knowledge of any such transaction As soon as he told them they could and the Bank could have shown this deal with it, I the only account in Court that some such action had been the Bank was Government money. taken. It seems to me that Besson'a If there was another, it should be a case is far more like Hayes's case separate account. Counsel contend than the present one; and under these fed that if he was entitled to an injunc- circumstances I do not propose to tion at all it must be in the present follow it. I do not think that this form and the order could be limited Court is bound to extend the ruling to a week so as to give them ample in that case further than the facts of time. the particular case, and in that con- nection I should like to note from Astbury 1. Welldon v. Balterley Co.. 1920, t ch 153. Before I pass from this case I would refer to the words of Lord Halsbury in Quinni v. Leathen 1) which not for the Brst time, I have Mound in advantageous to bear in mind. He saysThere are two observa- His Honour said that what was sug tions of a general character which gested was that the order be continued must make, and one is to repeat what for another seven days in its presento be essentially for men, and the idea. I have very often said before. that form. The difficulty was that the cus

of woman pilot used to amuse me. every judgment must be read as ap- tomer could not draw on any accoun

On making my first ascent with my plicable to the particular facts proved he might have at the Bank. The eminine pupil I was prepared' to give or assumed to be proved, since the order was quite as wide as that. an early washout or statement to

Mr. McLeod said the order made the effect generality of the expressions which;

that further instruction may be found there are not intended against Dr. W was limited and

would be wasted. It be to be expositions of the whole law. against Government inoney. bun governed and qualified by the would come forward and tell ther particular facts of the ruse in which what were. Government and private such expressions are to be found. money it would be right, junction agains: the present Bank in The other is that a case is only and the only party to be injured by the ercunstances almost exactly similar authority for what it actually decides. order. He had been asked to make to those in this case. It is worthy entirely deny that it can be quoted a statement as soon as possible, of remark that in that case the learn for a proposition ther may seem to After further discussion, His Hon. Led judge expressly noted that the follow logically from it." Our Rule our decided that the injunction remair Bank consented to the order. do 124 gives this. Court jurisdiction rol in force in its present form until the nor think it has been questioned in make such an order in a proper case: judgment of the Mixed Court. The this Court thur in proper cuses there that rule is practically the same as return day was adjourned sine die and Dis ample jurisciation, to make ordens 0.50. R. 3 of the home practice and costs on the motion were granted.—

for the detention or preservation of it seems to me that in the position Shanghai Times. property: they certainly have been disclosed in the plaintiff's vit made in respect of goods to which which is the only evidence at present Os.April 19, in the Britsh Supreme | rivat claimants appear: they are made | before me, this is a case in which the Court, His Howar Judge Miner is relation to title deeds_for_land_when_urisdiction should be exercised Turner delivered the following judge! boundary disputes are in litigation. Injunction therefore is continued in ment in the above case:

And it may quote Jesse. M. Rits present form unil after judgmenti This is a motion for an interit dhe principle underlying all orders in the Mixed Court and liberty to both Injunction restraining the defendanter the preservation of property pend parties to apply. Defendant to have

Bank from parting with certain muries ing litigation is this, that the success costs of the motion in any event. alleged to be in their hands as bartke; ad parte in the litigation is to reap the

The way in which my pupil anti- After the issue of the writ ass traits of that litigation and not merely

cipated atmospherical disturbances, ing only for an injunction, the plaintain a barren success." see Polin

commonly called "bumps," was a ti moved ex parte be an interie, Grey. 12. Ch. Div. p. 143. Ir. Application had been made proceed ings had been begun in the Mixed order practically in terms of the writ; that case a very strong Count of Ap

Some of the humours of the early source of constant astonishment 10 Court, a petition had been fled and days of Bradshaw are described by

nyself and the other instructors. and i granted the application until the scal continued an injunction, restrain

3 keen notice of motion had heen served on a

Lightness of touch and writer in Chamber's Journal. hearing of this motion. The Bath ing the distribution of a fund pend

he defendant's. Counsel, Mr. Fessen Issued for the first time in October sense of harmony are marked features. now appears and "takes up a perlestiging in appeal to the House of Lords

Jen and on Saturday morning on an 1539-the year before Sordello came in the character of the average proper position.

They do not adinit; even through the claimant bad bee

ex parte application an injunction was

to set a standard of incomprehensi- woman, and are essential in the mak- that they have any mories in that unsuccessful in two overts, on the

Under the circumstances he bility-the maze of figures, the ing of an efficient pilot. granted. hands to which this iniunction applius: ground that if she were successful would only ask that the Bark be re-whimsical array of dots, bars, as if they have, they do not claian any there would be danger of the fund not

strained as long as there was an in- teriske, daggers, and double dangers. interest in them but they urge that being forthcoming. I have also beer such an injunction as is asked ought terred to the case in this Cour:ction running in the Mixed Court of this moat bewildering though moneys which the indispensable publicacion soon put concerning, any not to be granted against them as Hayes v. Shanghai Exploration the Bank may hold in terms of the stripped the limits of the ordinary bankers.. do not understand the Company, 1919) in which the learner

understanding and led the average order. to argue that there is no jurisdiction Jedge of this Count refused an ap

passenger gravely to suspect his to grant it. I understand that the pention said to be like this one: bu

reason. It was as announcing the Another striking point that the fiy- argument is based not on the chuthar was a case in which the plaint

triumphant discovery of an altogethering woman possesses is a total lack of acter of the monies, sought to be at sought to ursach the properly of his

Anthony Trollope's novels declared. unhoped for solution that one of

zir worry, more generally known ached (it is clearly a fund nor,en alleged debtor in the herds of the de

25 "wind-up.TM 'Bradshaw was unable to conceal the nationality of the parties to the fendants with a view of levying execu dispute, but on the position that the tion upon it if he recovered judginers

the fact that the earliest train to

say might do the irreparable horn case too the defendants claimed ar

The Railway Act of 1845 provided and also would interfere with the rela-interest in the property. The Court

that coaches with. seats, roots, sides His Honour said the difficulty was and lights, he made for all tionship which exists between the dismissed, the application on that the order as faran covered all Some companies interpreted this

Woeran In the airshows a strange and their customer in the absence of ground thar the plaintiff' must get hi

moneys.

Act more liberally than others, but disregard for personal safety, and her the customer. I am referred in the ¦ judgment first and then seek for execu-

Mr. McLead agreed that it cover- few erred on the side of generosity-interest in the manipulation of the cone, case of Fontaine-Besson v. Parra Bark į Mon Umail that judgment was giver

ed all moneys in the Bank. He add- Most were afraid of diverting the trols entirely overruns: any quais (12. Times L. R. 1211, in which the in his favour he had no interest in Ceart of Appeal dissolved an injure the property at all.

ed that he did not know how he could better paying passengers into these may have as to fir safety 'imit it at present In the notice of lowest class, with the result thatibe Again, 1 have had many men pupils tion granted against a Bank, on these

I should have had linle hesitatio:: notion in the Mixed Court they had most miserable vehicles that could be who have been visibly nervous before. grounds: a case which is quoted in

Once in the air sked for a statement, they had actu-made to meet the bare requirements making in ascent text books on banking law. bur dogs in my mind as to the order to be made nor seem to be referred, to in more it had not been for Besson's casey said 24 hours as to what had been of the Act were: constructed and they were extremely capable pilots, but they would inevitably worry over general works: thus it is not given, it seems to me that where a fund in one with these moneys, and although used for many years.

he had no instructions on the point This obstructive and unenlightened the possible dangers that might swall the Annual Practice. In ther case at the hands of a British sabject, whi

it is the subjecte imagined that his clients were pre- policy toward the travelling public then. action WAS brought against a Bank claims no interest

whea

WOMAN HARD TO BEAT. pared to make Dr. Wu's word as to confronted Bradshaw even to recover some £11,000 which ind of rival claims as to its ownership

With women, however, this is not been paid in by the plaintiff's wife which can only be determined byha: he had 'dong with the money. attempting to compile his early time- and against which the bank had issued

tables. The publication seems to in evidence. and they are always have caused a flutter among the anxious to get a lot. directors, who were averse to supply-

ets..

'STATEMENT BY COUNSEL. Mr. McLeod said that since the

His Honour: The terms of the order of the Mixed Court are wide also.

·

M. McLeod agreed. Dr. Wu may Pear and it may be that he will be quite innocent. Tatat: would limit very much. Of course they did not

THE EARLY DAYS OF "BRADSHAW'S GUIDE."

QUAINT FACTS,

In an aeroplane everything is tuned o a certain pitch, and immediately a wire engine trouble develops or becomes strained a discordant sound warns the pilot all is not well. Women are remarkably, apt in detecting this sound.

Women have always been noted for

boldi as bankers: such an order they in the action against him. In the now what he had done with the town cext morning left at 85 their constant habit of, worrying, not 1

litigation begun or about to be begun

A letter of credit the plaintiff alleged an order restraining that British su?

ject from disposing of the fand is the

that the money was his and that he was prosecuting his wife for larceny proper order. to be made. Such

of it The Court of Appest dissolved

case seems to me to fall exactly with

an injunction restraining, the Back the principles laid down by the M.R from parting with this money on the in the case I have already quoted grounds put forward above. Ja als And this is the more so when one re bury's Laws of England Supplement members the peculiar state of jurisdic for 1918 on p. 94 1 6nd a reference in in this country, and the fact tha man unreported case. Lazt vizazil in this case the fund is alleged to be in which an interim injunction appara Government lund at the disposal o It is again t ently against a Bank was granted in a private individual.

This was in be remembered that in a case like this respect of securities. 1912 and I am sorry I cannot get any the aid of this Court will eventuail: access to a copy of the Times news have to be obtained to get the fund paper in which it appears. It is in no other Court can exercise contro To my mind the facts in addition to the note giving the referipter it. ence in Besson's case. That note Besson's case are quite different t shows me that the rule that appears those in this case: there the plaind! to have been laid down in Besena's was suing the Bank for the money case cannot be an absolute dine. Mr.here he only asks for an injunctio McNeill has very rightly referred me to preserve the fund; there the bant to a case in this Court in 1911, in had already granted a letter of credi which Judge Bourne granted an as against the fund: here we have

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Government funds.

fhe Bank did not say what the money's vere. In the absence of a statement by the Bank and by Dr. Wu they had

the

about thetuselves especially but by their friends, maybe their business.

One reason for this may be that o get the order, and give an opportu- ing the information he sought, they derive an enormous satisfaction ity to him to describe what moneys holding that if the times of departure from the thrill of swiftly moving and arrival were given in this through the air. Life without excite vere standing to his name.

ment would be unendurable to women, His Honour said he had that idea manner. they would be bound to ran in mind. The afdavit refered to sturdy Quaker accepted no rebuff.

trams punctually! But the and flying provides the necessary noreys paid in March. At the pre-He made personal application to the ent moment there might be a great various Boards, and, if they refused leal more moneys covered by the in him the information he desired, be ful pilots for commercial aeroplanes? unction than the moneys paid in in took up shares in the undertakings, March.

Mr. McLeod agreed.

tonic.

Will women ever become success-

This. think, is improbable owing:

and then was able to demand the the fact that a certain amount of

endurance is facts.

necessary for a long His Honour added that the injunc-

At present the average What Bradshaw aimed at was a voyage. ion would cover moneys paid in, in monthly time sheet for every-line in woman lacks sufficient stamina, and February and January, even cover England. Some companies, evidently therefore is hardly able to compete noneys paid in in March and April. to bother him, issued the changes in with men for such positions.

Flying in comparatively Mr. McLeod remarked that that their train running in the most erratic

slow

as the only exact information of a way; sometimes the sheet was de-machines entirely closed in will not detailed kind they had. At the pre- layed to the filth or sixth of the appeal to the feminine mind as much sent moment the order of the Mixed month, and was subject to alteration as a "Rip" in a light fast "bus Court extended to all moneys which perhaps in the middle creven toward designed for an occasional stunt. he Bank held in the name of Dr. We the close, of the period. By great Women, on the whole, are not quite fing-fang being Government moneys, efforts the railways were induced to so level-headed as men, but meir apri- His Honour said that the Bank. was consent to adjust their tables, once tude for-grasping the situation and

af ot in a position apparently to say for all, at the beginning acting accordingly more than com-

each month. That concession pensates for the deficiency. what was the difference between one

gained, the rest was compara

The number of women aviation) set of mancys and another softively simples and the Railway aspirants is rapidly increasing, and

Gulde, pioneer of a great host, began A SUGGESTION, Mr. McLand suggested that that grow in girth year by year, as the am of the opinion that for nearness of network of railway's spread over the action and dexterity in manipulation of could not be arrived at whhout ask-face of the land. In 1847 Bradshaw her machine a well-trained womant ng: funds were sometimes described. was able to produce a Continental pilot will be hard to beat.

noneys.

hut in this particular case they did Guide and Traveller's Manual to the

ot know. Now an order had been whole Continent of Europe. The made on the Bank to restrain it from plan. begin to be imitated both at

THE FRUIT SEASON.

Be

dealing with a customer, it was for home and abroad. The familiar ROWEL complaint, is sure to be provalent during the fruit the Bank to enquire which was the yellow covered volume still holds the D

sure to keep a bot. Government money and which was palm, however, and in its revised and season.

tle of Chamberlain's Colic and Dr. Wu's money. There was no simplified form is the first favourite Diarrhoea. Remedy at hand. It may harm in issuing that order, for it was of all whose travel takes them over are a lifa For sale by all Chemists in Dr. Wu's power to inform them, our many lines.

and Starakoopers.

THURSDAY, APRIE - 59," CINGO,

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