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Men's underclothing and sho are urgently required and may be sent to the City Hall
MUTUAL TRUST
THE CHINA MAIL,
MONEY LOAN, ASSOCIATION
JUDGMENT. `·.
QUESTION OF EQUITY
Mr. Justice Jacks (Puisne Judge) delivered judgment in the Summary Court yesterday in which a Chinese trader, who is the head of a Money Loan As90- ciation, sued a Chinese restaurant for $800.. His Lordship found for plaintiff (for whom Mr. C. A, S. Russ appeared). Defendants were represented by Mr. F. X. d'Almada. Extracts from the judgment follow:-
POLICE RESERVE
SHARPSHOOTERS TAKE UP.
"DEFENDU"
SPECIAL INSTINCTION
Orders by the Hon. Mr. E. D. C. Wolfe, C.M.G.. Captain Superin- tondent of Police:
Training School Classes for Polica Reservists will be held as usual on Tuesday, January B and 15 at 6 p.m.
R85
CHARMING FILM
"THE BIRTH OF A FLOWER"
SHOWN AT H.M.I.
an
There was a large audience at the Helena May Inat tube yesterday afternoon when an Interesting edu- cational photoplay lecture the "Birth of a Flower," was given by Mr. Clarke Irvine, an American naturalist, writer and lecturer, who, with Mrs. Irvine, is on a world tour, They have already covered 20,000
miles in the United States, Hawail, Samoa, Fiji, New Zealand, Austra lla, The Philippines, Japan, China,
etc.
audience included His Excellency Yesterday's large and interested
the Officer Administering the Gov- ernment, (the Hon. Mr. W. T. Southern, C.M.G.), Mrs. Southorn, and a large party from Government
Chinese Company Training-The following mem- bers of the Chinese Company have been passed out as efficient in Part 1: Constables R87 Wong The head of the association has Chung. R60 Ts'o Kon-chal, R76 dented all knowledge of any Frank S. Y. Wong, R91 Wai Hin- transfer of the defendants' inter-shing. R90 Chan Hon-wing, R83 est. It has been shown that the Leung Ping-tacung, and defendants drew $850 and alleged Young Jacman. that they have paid none of their
Signalling The Signalling subsequent subscriptions. They Squad will attend at the ComHouse. produced no evidence of a trans-pany's Headquarters for instruc- fer, but only the entries from the tion in Morse and Semaphore books of their alleged trans under Mr. R. C. Wilson on Tues- day, January 8 ut 6 p.m. and Thursday, January 10 at 6.45 p.m.
ferees
lecturer, and made some interesting Mr. A. H. Croak introduced the introductory remarks concerning the life of flowers, regarding which ha is a well-known authority.
The "Birth of a Flower" was
preceded by a scenic reel of the Yosemite Valley and the Yosemite Falls, and another showing animal
Los Angeles, California.
The really big film of flowers was taken with a slow-motion camera invented by Mr. A. C. Pillsbury, the official photographer of the Yose- mite Valley, Callfornia, and is a real scientific marvel, the result of a number of years of research work which ultimately brought sucess in the devising of a perfect slow- motion camera able to make the re-
Voluntary Society" In the case of Chan Iu-sang v.
"First Ald to the Injured."— Tam Wai-sang (H.K.L.R. Vol. XXII. p. 129) Mr. Justice Wood, Class for instruction in First Aid after reviewing earlier decisions will be held at the Company's on the legal relations existing Headquarters.on-Wednesday, Janu- between the members of a Money ary 9 at 5.30 p.m. sharp. -Lecture in lion and alligator farms in Loan Association, found himself er: Dr. T. P. Woo, M.B. Ch. B., unable to infer from a book of the Edin., Divisional Surgeon of the rules that the intention of the St. John's Ambulance Brigade. members was to form a series of Inspection Parade.-All ranks of individual contracts with the head the Chinese Company are remind- of the association. His view was ed of the Monthly Inspection that the Money Loan Association Parade to be held at Central with which he was dealing was a Police Station on Thursday, Janu- Voluntáry Society" consisting of ary 10 at 5.30 p.m. sharp. For the head and the other members. details, see last week's ordera." Any money, contributed on any occasion by constituent members is, pending allotment, the pro- perty of the society as a whole. Every member on joining the as- sociation contracted with all other members to conform to its rules, The head or any member suing on behalf of himself and all the members may sue to enforce com- pliance with any of the rules.
Verbal Assent
I find myself in agreement
with this view. The association in the case before me is an asso- ciation of ten persons or firms who met together and agreed to be bound by certain rules which had been drawn up by the head, and assented to by each member paying his, contribution to the head and accepting a book of the] rules for each one of the ten shares agreed to be taken.
Indian Company Parade. Members of the Indian Company aro reminded of the parade to be held at the Centra! Police Station on Tuesday, Janu- ary 8 at 5.30 p.m. sharp.
Flying Squad
The next instructional patrol of the Kowloon Section will take place
on Tuesday, January 8. Fall in at the Taim-tea-taui Fire Brigade Station at 5.30 p.m. sharp.
Dress. Winter. Uniform.
quired exposures, Operated by clockwork, the camera takes ex- posures at regular intervals, from a few seconds up to several hours. All the flowers shown on the screeu were wild varkties growing" in the Yosemite Park, California, and it took five years to film them.
A "Naughty Flower" Speaking about the flowers as they were flashed on the screen, Mr. Irvine explained their special pecularities, some taking weeks to open, whilst others as short a time as 20 minutes. Much amustment was caused when the lecturer re- ferred to one variety 08 the "Adolphe Menjou of the lower
The first weekly instructional patrol of the Hong Kong Section will take place on Thursday, Janu- ary 10. Fall in at Police Station at 5.15 pm. sharp.world." Dress: Winter Uniform.
the Central
Sharpshooters Company Special Instruction.-On Mon day, January 14 and on succeed- ing Mondays à parade will be held The books of rules do not by at Police Headquarters at 5.30 themselves constitute the agreep.m. at which instruction will be ment, nor a series of agreement given in the new baton drill and between the head and each num- "Defendu." All members who can ber. The agreement is the verbal do so are urged to attend. Uni- assent by each and every member form optional. to be mutually bound by the rules. The payment of the first contribution and the acceptance of a copy of the rules being evid- ence of that agreement.
Benefit to Each
(Sdg.) D. L. King, D.S.P. (R.) Hong Kong, Jan. 8 1829.
A FREE RIDE
SEVERE SENTENCE FOR
CHINESE YOUTH ·
STRONG COMMENT
The rules open with a recital that the association is formed with the object of affording mutual help to the members and providing an equal interest and benefit to each of them. Mutual- ity is indicated all through the A young Chinese who WOR rules; every member is to receive charged with attempting to secure. benefits and to be under corres-a ride on a Kowloon bus without |ponding obligations.
paying his fare was fined $50 by.
loon Magistracy yesterday."
It was the only naughty flower he knew of, because it opened all night Ami went to sleep throughout the day Another flower was like some stores which hold a "One Day Only Sale," they lived for only a very short period and if the beas did not make the most of it they lost a bargaini
A Query
In fact, the lecturer confessed that he had not been able to deter- mine whether bees were made for flowers or flowers for bees, they stem to be unable to live without each other.`.`.
A well nigh marvellous feature of the film was the part showing the germinating pollen, taken with a' double microscopie. camera-an- other of Mr. Pillsbury's inventions. A grain of pollen which one could hardly see with the naked eyes, was.
TUESDAY, JANUARY 8, 1929.
PENINSULA HOTEL
The Opening of the
GRILL
in the Rose Room
6th Floor
will be celebrated by
A
CARNIVAL
on
SATURDAY, 12th January, 1929,
at 8.30 p.m.
(Fancy or Evening Dress). DINNER $4.00 per head. Tables may be booked and Tickets obtained on application at
Hong Kong or Peninsula Hotel.
THE HONGKONG & SHANGHAI HOTELS, LTD.
FOOTO EASE
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POINTED HEEL
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"OBTAIN FOOT-EASE
WEARING
CFOOT EASE
HOSIERY
magnified to three feet in diameter FOOT EASE HOSIERY MILL
on the screen, and bits of proto- plasm were magnified "to the size of rats." To the naked eyes, the
The rules make no provision Mr. E. W. Hamilton, at the Kow-protoplasm is invisible! If a man for the assignment by any mem-
were' magnified ́at the rate at which ber of his rights or liabilities,
The defendant called a witness the pollen of flowers has been Such a contingency does not ap- who said that he had boarded the magnified by Mr. Pillsbury's pear to be contemplated. There bus with the defendant and sat on
camera, he would be
139 miles is in fact a provision that the the same seat with him. members shall pay their contribu- testified that the conductor had
He tall!
Sensitive tions until the termination of the asked him (witness) for his ticket,
Another film shown by Mr. Irvine association. The very nature of to which he replied that he had a
showed the drastic effect which the association which is one of mutual trust seems
monthly ticket. He stated that "bootleg bonze" had on flowers to prohibit the conductor did not ask the de- which quickly wither and dle when any assignment, certainly not without the consent of every fendant for Els ticket, probably placed in jare filled with the "moon- shine." Some flowers were so sen- other member. My view is that belleving he had one also.
Later the inspector boarded the two per cent of alcohol was mixed sitive that they prished even if there can be no valid assignment of a share in a mutual contract of us and the defendant tendered with the water from which they this kind without the consent of his fare, which was refused.
The Magistrate did not bellevo all the parties to the contract. The rules make no provision that the witness's story. He remarked the head of the association is to that any honest man who intend-, be responsible in any way to the ed to pay his fare would have ten- other members for the default of dered the amount when asked. He any absconding member. There believed the witness had been may be a custom to that effect but coached. As to the defendant it no evidence of such a custom was would serve him right if he were put before me.
caned but that punishment would be withheld as there was, some The association having reduced doubt as to defendant's age, which its rules to writing. I see no justi- he claimed way) geventeen.): fication for incorporating any:|:" thing in them which the members themselves could have introduced
A
Consensus: Ad Idem
had they so desired. The books members of the association, but of rules are in the nature of scrip, they have acted on the agreement each book therefore should be such as it was, identical, but the stamped copy
Equity.
which has been put in evidence in The agreement is practically
feed.
EX-PREMIER'S DEATH
The death of Mr. Wang Ta-hsieh, an ex-Premier of the old Northern Government of Chind who held several portfolios at various times, is reported by Reuter as having occurred in Peking on the evening. of January 6.
Mr. G. V. Carey,, educational | accretary, Cambridge University Press, has been appointed to suc ceed Mr. E. C. Arnold as bead- master of Eastbourne College next July.
A movement is afoot to intro
9 H.P.
CLYNO
this case bears a clause at the completed. All members with duce a private Bill in the House head of it which renders the head the exception of the defendants of Commons at the earliest oppor Hable to the sufferers for half the have fulfilled their obligations, tunity to abolish atag and fox" amount payable by absconding The defendants having received hunting members. This is a liability their benefits of the agreement which is not found in other books have not fulfilled their obligation, It is not for the benefit of a few possibly under the impression members only but for all the that they had assigned their in- sufferers. Y
terest in the association, but I I am asked to rule that the cannot allow that such an assign, agreement of the association is ment was valid even if it ever vold because there was no con- took place Under these circum. sensus ad idem. It may be true stances, although the agreement | that all the members did not may be no agreement by reason of know what rights they had there being no consensus ad idem, against the head under this I do not consider that it is equit clause in respect of any losses in-able at this stage to allow the curred by them through the de- only defaulting member to evade fault of any one of their members his liabilities on this ground and and that they were not ad idem to take advantage of a flaw in the when they consented to become contract
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