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THURSDAY, OCTOBER
Shanghai and Amoy
J
Per
81.
LORRY DRIVER TOPAY NATIONALISATION OF SIR JOHN SIMON AND
COMPENSATION
CHINESE WHO WAS KNOCKED DOWN RECEIVES $50
ACCUSED FINED AS WELL
Remarking that the arused could consider himself lucky to get off at the cost of only $75. Mr. E. W. Hamilton this morning confirmed the penalty imposed Chinese named Li Wah-tung who was last Thursday convicted by his Worship on a charge of driving a motor lorry without driver's licence.
on
a
The Accident The case arose out of a accident on the China Merchants' wharf in Connaught Road West on October 16, when a wharf coolle named Li Sin sustained a fractured left leg through being knocked down by a motor lorry driven by the accused. The acused, who had bought the lorry in Hong Kong, 'was driving it on to the wharf to put it on board the s.a. "Talposhek" for shipment to Kwong-chau-wan, when, in swerv- ing sharply on to the wharf, he ran into the coolie and knocked him down. One of the wheels of the lorry passed over the coolie's left leg which was badly crushed.
No Licence Number
ROYALTIES
LEVY TO BE IMPOSED ON MINING OUTPUT
COMPREHENSIVE SCHEME
Londen, Yesterday.
INDIA
DECLARATION APPROVED BY PREMIER & MR. GANDHI
MEASURE OF AGREEMENT
London, Yesterday.
The Government's mining proposals The fact that the scope of the Simon yesterday submitted the Miners' Commission's enquiry will be widened Federation and the Mineowners' Orto include relations between British ganisation, it is learned, provide Indian and the Indian States is reveni inter alia, for a reduction of worked in correspondence betwen Sir John ing time by half an hour daily from Simon and Mr. MaeDonald, which has April 6 next.
now been published.
John Simon suggested the widen- owners, ink, and pointed out that this would imposed involve alteration in the procedure pro after the issue of the report, and sug- vide financial assistance to the export gested that the Government should
Royalties will he nationalised with compensation for and
levy will be the output in order
trade-Reuter.
on
1
1
to
MACAO ESTATE
(Continued from Page 1.)
meet representatives both of British India and the Indian States in order to secure the greatest possible measure of agreement.
consulting
Mr. MacDonald, after with the lenders of other parties, op. proved the suggestions,
New Delhi, Yesterday.
but in the meantime the parties to that action had embarked on negotia. The Viceroy, Lord Irwin, will lasue tions for a settlement amongst them a proclamation on Nov. 1 on the goal between Mossra. Hastings, Dennys and summoning a conference in London to selves. Then correspondence ensued of Dominion status of India, and is Bowley, solicitors for the plaintiffs, and discuss the future constitutional de- Messrs. Wilkinson and Grist, solicitora velopment. for the defendants, in that action. As
Leading Indian politicians who have
a result of this correspondence, Action already been informed of the purport No. 188. of 1924, was settled and a of the declaration, received it well. deed of release to the trustees of the It la understood that Mr. Gandhi settlement of February 18, 1924, in welcomes itReuter. which all four of the plaintiffs in the
In addition to not being in pus-present action joined, was executed on session of a driver's licence, the ac- February 10, 1925.
Furthermore, as
the lis
UNWANTED DOG
cused did not have a licence num-a result of the settlement ber plate on the lorry at the pendens which had been registered
The Chinese occupier of 543, time of driving it.
under Action No. 188, of 1924, against Canton Road was at the Kowloon all the properties claimed those Magistracy to-day summoned for proceedings, which included all the dis-keeping his black and white bitch puted properties, was vacated by without a licence and with allow- Mesara. Hastings, Dennys and Bowley, ing it to be abroad without a and a notice of settlement of Action muzzle. Pleading guilty, the de
When the case came up last week it was stated that the injured coolie was still in the Government Civil Hospital and was not likely to be discharged for six weeks, at least.
|
Mr. Hamilton-then imposed a fina No. 186, of 1924, in the usual form fendant was fined $12,
of $25 on the accused, but on the matter of compensation to the coolie said that he could not order more than $50.
If the coolle accepted this sum he would lose his title to take civil action against the accused, and per- haps recover more damage from him that way.
1925, was also fled by them on February 11,
Serious Quarrels
Оп hearing this defendant thought he would escape the fine It is clear for the declarations filed by telling the Magistrate that he In the present proceedings that men did not want the dog now, and bers of the Lo family have quarrelled that the Police could take it away. seriously with one another, and the de-
Mr. Whyte Smith: What rub- clarations contain many statements bish! You must pay your And bearing on good faith and Bnancial position of individual members. But first. and I don't care
Commencing Shortly
AL JOLSON
in "THE SINGING FOOL"
AT THE
QUEEN'S
IN
*
WOMEN were his prey-what he wanted, he look!
A big, sensational plc- ture of a man without a conscience, a despoiler of women!
JOHN
GILBERT
THE MASKS
OF THE DEVIL ”
TO-DAY TO SATURDAY At 2.30, 5.10, 7.15 & 9.20.
ONE ROUND HOGAN
with MONTE BLUE.
what you
AT THE
I do not propose to go into them be- do with your dog after this! cause the facts attendant on the set- tlement of Action No. 188 of 1924 are
Further,
Compensation Therefore, Mr. Hamilton made the order for $50 compensation pro- sufficient for the purposes of my de-issue raised in the action, visional upon the coolie accepting it, cision on this application which is made the held that the words "or for other He directed the Police to explain under 19 of the Land Regis-good cause shewn" should read dis- the situation to the coolie, and if he ion provides that where a lis penders where litigation is not prosecuted bona tration Ordinance, 1844. That sec-junctively, and covered other cases than accepted the $50, to get a written has been registered, the Court or fide, for instance, where it is shown order to that effect from him.
Judge may on the determination of that a lis pendons has been registered This morning accused surrender- the lie pendens, or during the pen- against a person not a party to the ed to his ball of $100, and Traffic dency thereof, where the said Court action or where dilatoriness in the Sergeant George reported to his or Judge is satisfied that the prose prosecution of the action is established. Worship that the coolie was willing cution is not prosecuted bona fide, or I am bound by that decision and to accept the $50 compensation. for other good cause shown, make an agree with it but with, as appears to The Magistrate accordingly con- order for the vacation of the registra me. this necessary limitation, that if,
tion." Brmed the order for compensation of:
as a result of finding that an action is $50 against accused, and recorded the conviction against accured, with fine of $25.
Degrees
Temperature, 10 a.m., to-
day
71 Temperature,
yesterday
Humidity, 10 Balay
..Malaya
4 p.m.,
79 ta- day
79 Humidity, 4 p.m., yes-
terday
56
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is taken from s. 2 of 30 and 31 Vict,tion itself may be concluded, this It is interesting to observe that s. 19 not being prosecuted boha fide the ac- c. 47, but that the words "or for other should not prevent the Court from com- good cause shewn" which appear in ing to a decision on the question of the former as a ground for vacating bona fides. registration, are absent in the latter enactment.
Mr. Justice Wood's Decision
TO-DAY TO SATURDAY
Daily at
On the facts of this case as set out
in the first part of my Judgment, it
appears to me that the settlement of
be-
In the case of Wong Wai-him et al. Action No. 188 of 1924 involved the v. Kwok Tae-kwan et al. 22 H.K.L.R., question as to the property in the 'dis. p. 111, Mr. Justice Wood has recently puted properties. It is alleged had to consider the effect of s. 19 of half of the plaintiffs that they agreed the Land Registration Ordinance, 1844. to the settlement and signed the Deed He held that in an interlocutory appli- of Release of February 10 1925, be- cation the Court would not make an cause they were informed by the inter order for vacating registration if to preter of their own solicitors, Messra. 'do so involved the decision of the main Hastings, Dennys and Bowley, that the Deed of Release related merely to the properties included in the Deed of Settlement of February 18, 1924. Knowledge of the statement alleged to have been made to the plaintiffs by the interpreter is not brought home to the defendant, or to his father, Lo Lim yeak, and I therefore do not see how ft can affect defen- dant. I am therefore prepared to hold that inasmuch as the plaintiffs must be taken to have agreed to the settle. ment of Action No. 188 of 1924 on the terms above referred tq, either because they were parties to that ac- tion, or because they were privy to the negotiations which led up to the Bettlement and joined in the Deed of Helease of February 10, 1925, they not prosecuting this litigation bona fide.
2.89, 5.20, 7.15
& 9.15 p.m.
FORE!
STARRING
EDDIE CANTOR
CLARA BOW BILLIE DOVE
LAWRENCE GRAY
A FRANK TUTTLE #oduction
ADOLPH ZUSOR IN0 JESSE'L LAINY"
Bee Eddle Cantor as the comical caddy-master who, whirla hero and Heroine over the bunkern of love...
AT THE
MAJESTIC
athan Road,, Kowloon,
zro
Second Action Impossible. Furthermore it is clearly establish- ed that an action which is settled by compromise cannot be proceeded with or be litigated afresh between the parties to the compromise in any other action; and that a second action be- tween the same parties in respect of the matters. In issue in the first action will be stayed or dimilsaed. Maynard v. Eaton, 9 CH. Ap. p. 414).
In this case it spears to me that a compromise, binding on the plaintifs was arrived at in the Action No. 188 of 1024; and that once that position Is. established good cause has been shown for the vacation of the registration of the lie pendene in the present action. In my opinion, the defendant is en- titled to relief on both of the grounds I have mentioned, the registration of the lia pendens should be vacated, and the costs of this, application should be bald by the plaintiffs to the defendant.
THE BELLS
with LIONEL
BARRYMORE.
The story of a man's
avenging conscience.
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