MONDAY, FEBRUARY 10, 1930.
DIAMONDS LOST
(Continued from Page 1.)
In the course of his evidence, Louis Kornitzer also mentioned the fact that in the case of other similar packets received by the loen branch on his behalf, he had noticed that on
one or more
eastons, when he called for a packet, it was on the top of a safe in the general office of
the local branch,
a packet
this method of keeping handy to deliver to him eafled for it was negligent ed any absence of cure, nor did he when observed what was being done by the locul branch, raise any ob-
these was that a gratuitous ballee must show that the loss occurred through to want of reasonable care
C.E. RAILWAY.
THE
on his part-that was to say, as Chinese Delegate Dis-
auch eure as a prudent man would own property. use in keeping his The plaintiff's contention was that the defendants must show that the way they loss happened in some could account for, and that in rela-
tion to that particular matter and
credited by Nanking
EXCEEDED POWERS
Nanking, Saturday.
The Foreign Ministry, In the
at that particular moment of time course of a proper care was taken.
CHINA MAIL.
NEW ADVERTISEMENTS
G.
NAVY CONTRACTS, 1930–1931.
ĊEALED "TENDERS, in dupli-
statement regarding S cate, for the Supply' of the
No authori- the Chinese Eastern Railway, dé-under-mentioned Stores for HIM.
Frozen Meat, Fresh Vegetables Soft Brend.
HONG KONG JOCKEY CLUB.
RACE MEETING, 1930.
22nd, 24th, 25th, 26th February and 1st Marah, 1930.
SATURDAY, 22nd February the First Race will be run at
o'clock Noon. On the First Day the First Bell will be rung at 1.30 p.m. and on the other four days at
MEMBERS BADGES & ENCLOSURE. Members' Badges may be obtain- ed by those members who have not already received them on applica- tion to the Sacretary.
and was handed to him from thatty had been cited for such a pro-clares that the Sino-Sovlet dele- Naval Service at Hong Kong dur 2 pm, and on all other days at 12: place, but he did not allege that position as that. It was enhancing
the burden of proof upon a defen-gates who signed the Harbarovsk Ing the period 1st April, 1930, to 31st March 1931, will be recalved December 22 last, by the Commodore, when he dant to an absurd extent if he had Protocol on
II.M. Naval or show-to prove not only that he had taken made certain minutes purporting Yard, until Noon on Monday, the 11.30.
reasonable care but also that he to be a settlement of the dispute. 17th February, 1930:- knew how the loss happened." In The minutes, however, centain, in "Bullen v. The Swan Electric En addition to the modus vivendi re- graving Company" the defendants lating to questions arising from were held to be gratuitous ballers the railway dispute, certain other When the case for the plaintiffs but in my opinion at least an equal proposals of a general character responsibility would be imposed on concerning the relations between was closed, Mr. Potter, who ap- peared for the defendants, sub- mitted that there was no case. He
A Bailee's Liability called my attention to "Giblin' V. This particular aspect of the liabi- McMullen," L.R. 2 P.C., P. 317, andlity of a ballee is also fully dealt with relled strongly on a passage from by Wright J. in the course of his
jection.
Defence Submission
a bailee for reward.
who gave the judgment of the fernment Merchant Marine" (1927) 2 Board, which is to the following K.B. at p. 135.
the two countries which the Chin- ese delegate, Mr. Tsai Yun-sheng, had not been authorised to dis- cuss, and which was outside the
Biscuit.
Rice. Sugar,
Lord.
'Forms of Tender and any neces- sary Information may be obtain-
I
THE BANK OF EAST ASIA, LIMITED.
Such Badges will also ensure admission to all Extra Race Meet- inga during 1930,
Members are notified that they
to the Members' En-
Badges admitting non-members to the Members' Enclosure and Club Rooms at $10. per day or $40 for the Meeting (ladies 31. and $16. respectively), are obtainable through the Secretary upon introduction by a Member, auch Member to be responsible for payment of all chits, etc.
the judgment of Lord Chelmsford, judgment in "Gosse v. Canadian Gov-Bcope of his instructions. In do- ed on application to the Victual and their ladies must wear their
ing so he acted ultra virres. ling Store Officer, H.M. Naval badges prominently displayed.
As far as the
issues arising Depot, Kowloon.
No one without a badge will be The right to reject the lowest admitted are As I have said, the defendants ad- from the railway questions effect: "If, therefore, the
closure. mit the receipt and loss of the particu- concerned, the arrangement con- or any tender is reserved. plaintiff's evidence in this case was ar packet of diamonds in question in tained in the minutes has been H.M. Naval Depot, such that it fell short of proving this case but they say that they are un-carried out, and in pursuance
Kowloon, February, 1930, the bank to have been guilty of able to state how and when the loss thereof, prisoners in both
coun- that species of negligence which |occurred, But they called a witness tries have been released. would render to an action, he (c. M. Piguet, who was from August, A
new manager and assistant the presiding Judge at the trial) 1920, to about July, 1921, correspond- ought to have withdrawn the case once clerk to the local Branch. Then manager have been appointed, from the jury and directed a non-he was second accountant for a few and normal traffic on the railway suit." (at P. 335). And a little months, became cashier in May, 1922, has been resumed. The National and remained in that position until he Government being desirous of ar- later on, in the judgment. Lord went on leave some time in 1924. Ile riving at a final settlement of the Chelmsford pata the question stated that the correspondence clerk railway question. is prepared to which was under the consideration dealt with the mail received by the send a delegate to the Formal of the Court in the following terms, local Branch itself or on behalf of cus- Conference, to be held at Moscow, :“Did the plaintiff, then, give any tomers. If A registered parcel for the exclusive evidence of the bank having been arrived guilty of that degree of negligence of the local Branch, the correspondence which renders a gratuitous bailee clerk would give a receipt to the post- Ilable for the loss of property de man and then place the parcel inside compartment of the safe which stood posited with him?" (at P. 336).
in the general office. The Chief Account- ant kept the key of this safe and the compartment above referued to was
Privy Council Decision
It was further argued on behalf of the defendants that "Giblin. Vjkept locked, McMullen" was a decision of the
for
11 customer care
C.E.R.
purpose
of
effecting a readjustment of the
Commercial Questions Should the Soviet Government deem it necessary to negotiate with the National Government In respect of questions of a general
TOTICE IS HEREBY GIVEN
Badges admitting to Members'
Enclosure will not be on sale at the Race Course.
cation to the Secretary, badges Members can obtain, upon appli-
(limited to two) for the free admis. sion to the Members' Enclosure of wives, lady relatives and friends. Names must be stated when apply- ing.
Not the ELEVENTH ORDIN- ARY MEETING of SHAREHOLD- ERS will be held at the Register. ed Office of the Company, No. 10, Des Voeux Road Central, at 4.30
THURSDAY, p.m.,
the 27th February, 1930 for the purpose of receiving the Report of the Direc- tors together with a Statement of Accounts for 31st December, 1929.
the year ending
On no pretext will children be permitted in either enclosure dur- The TRANSFER BOOKS of the ing the first four days of the Meat-
ing.
If mail arrived in the absence of the character relating to trade and com- Company will be CLOSED from
Privy Council and bound this Chief Accountant, it was placed on the Court, even if there were decisions top of the safe or on his deak because to the opposite effect of the Eng- he always kept the key of the compart- lish Courta.
ment referred to.
well as other problems, and to that merce between the two countries, as end to appoint a delegate to China, the National Government will be prepared to enter into negotiations with the sald delegate.-Reuter.
If the mere alleged loss of an 'How Parcels Åre Handled article, unaccompanied by any ex-
M. Piguet stated that this last
"Inappropriate Action." planation of the circumstances at-mentioned procedure probably accounts for the atatement made by Louis
Nanking, Saturday. tendant upon such loss, raises no
Mr. Chu Shao-yang, the Chinese prima facis case against a bailee, Kornitzer as to registered parcels be- than I am of opinion that I ought to handed to him. The probability was paled in the investigation at Har jing taken from the top of the safe and Minister to Finland, who partici- have held that there was no case for that the Chief Accountant was busy bin in the C.E.R. dispute, is to be the defendants to answer. At first when the parcels arrived and so the recalled for "inappropriate action." sight it would appear as if afirma correspondence clerk may have placed-Reuter. tive evidence of negligence must be the parcels on the top of the safe, given, according to the judgment in awaiting the attention of the Chief Ac "Giblin V McMullen" (supra) but countant.
PETTY THEFTS
Iron Bars & Mah Jongg Set
M. Piguet went on to say that if in that case all the facts relating to the keeping of the box of securities there were any registered parcels on belonging to the plaintiff and de-top of the safe when the luncheon or closing hour arrived, they would be posited with the defendants in that placed inside the safe and the outer case were known to the former and door of the safe would be locked by proved as part of his case. These the Chief Accountant. If the register- facts were such as to negative fed parcel was too bulky to be locked
Two unemployed Chinese appeared negligence in the balless and conse-up in the safe it would be pinced in the before, Mr. T. 9. Whyte-Smith at the quently no presumption could arise strong room. He also gave evidence to Kowloon Magistracy this morning, and, as would in a case where the bailee the effect that during banking hours on admittting that they had stolen iron merely stated that the article de- no one except the staff of the Bank had bers from a matshed in Nathan Road posited was lost and condescended access to the safe in which the regis and in Argyle Street, respectively, were
explanation of the circum-tered mail was kept and that no strang-given a month's hard labour each,
jer could have approached it without third man who had a previous convic stances under which the logs oc-passing the clerks at work in the gen- tion, was given two months' jail for the curred or might have occurred.
eral office.
same thing, this time at Cheung Sha Hardship On Bailec
M. Piguet further stated that at no Wan Road, If the argument is correct that time did he have reason to suspect any For the theft of a mab jongg set "Giblin v. McMullen" (supra) re-member of the staff of dishonesty. from a Chinese woman living at 860 quires that in all cases brought by Judgment for Defendants
where War known
סז תס
Canton Road,
the bailor against a bailee, the for- Unfortunately M. Prudhon who was to the household, an unemployed Chin- mer must give affirmative evidence correspondence
clerk when the lost fese of no fixed address, was sentenced
pawnbroker.
Brasa Valves
JUNK CAPSIZED
WAS 4
THURSDAY, 27th February, 1930
THURSDAY, 20th February to
during
transfer
(both days inclusive) which period shares can be registered.
no
By Order of the Board of Directors,
KAN TONG-PO,
of
Chief Manager.
PUBLIC ENCLOSURE
The price of admission to the Public Enclosure is $3. per day for all persons including ladies, and ls payable at the Gate.
Soldiers and Sailors in uniform are admitted to the Public Enelo- sure at $1 per day.
Bookmakers, Tic Tac men, etc. will not be permitted to operate within Hong Kong, 10th February, 1930, the precincts of the Hong Kong Jockey Club during the Race Meet- Ing.
PUBLIC AUCTION
THE Underalgned have received instructions to sell by Public
T
Auction
ON
THURSDAY, February 13, 1930, commencing at 5.15 p.m., at their Bales Room, Duddell Street.
A Fine Collection of VALUABLE POSTAGE STAMPS.
On View now.
Terms: Cash on Delivery,
LAMMERT BROS.,
Auctioneers.
Hong Kong, February 10, 1930.
LESSON-SERMON
First Church of Christ, Scientist, Hong Kong
"Spirit" was the subject of the
Christ, Scientist, on Sunday,
"I
SERVANTS' PASSES Passes for Servants will be issued on application to Messrs. Linstead and Davis, Alexandra Buildings.
Employers are requested to dis- tribute them with discrimination and to endorse their names on the passes.
Servanta are not permitted In the Members' Enclosure except for passing through on their dutles, but must remain In their employers' stands.
Any persons found loitering with Servants' Passes in their possession will forfeit the same and will be removed from the enclosure.
By Order,
C. B. BROWN, .
Secretary. Hong Kong, 10th February, 1930.
ST. PETER'S CHURCH
Annual Meeting of Congregation
A LOSS AND A GAIN
Yesterday afternoon the annual general meeting of St. Peter's Church was held at the Sailors' Home, West Point, under the chair- manship of the Very Rev. A. Swann, Dean of St. John Cathedral.
The report was presented by Mr. A. C. Braine-Hartell who said that the meeting was their arst since the status of the Church had been al-
of negligence, then the position of a Packet was received, is dead, but it was to one month's hard labour. It was bailor is one that may involve him argued on behalf of the plaintiffs that stated that he pawned the set for $2, there were other employees of the de- and the Magistrate ordered its return: in great hardship. In most cases the fendants, French, Portuguese, Chinees to the complainant on payment to the can only prove the delivery to the and Annamite, at the local Branch at bailee and the fact that on demad the time of the loss, who might have Frankly admitting that he had taken the article deposited was not return- been called, or whose evidence might ed; the facts attendant on the loss have been taken on commission. The three brass valves from a ship that can in the great majority of cases answer of the Bank to this criticism had since left Hong Kong, a Chinese Lesson-Sermon in all Churches of only be known to the ballee. As that they have called the only wit-alised with one month's Imprisonment boilermaker, 22 years of age, was pon- lia lee need only allege loss and if hess whose evidence could be of as-with hard labour. The Magistrate held February 9. the bailor cannot give affirmative sistance: the evidence of M. Korwin, that although the admission evidence of negligence, the latter who in October, 1922, and subsequent trunk one, the defendant could not
The Golden Text was: “Not by must be held to have failed in his to the loss in question in this case, claim. If such is the law I must had also been taken de bene ease but
Jeame to the Bank as Sub-Manager, theft
have realised the seriousness of the might, nor by power, but by my
spirit, salth the Lord of hosts" | apply it regardless of hardship.
it was not read as it said no more
(Zech. 4; 6). But apart from ""Glblin
Vthan M. Piguet deposed to.
Among the citations which com- McMullen," and even that case docs ease, there is nothing to show that the In any
prised the Lesson-Sermon was the not, for the reasons I have given, employees who were not called could
Bible: The Cheung Chau ferry, on hor following from the seem to me to impose such serious have given any material evidence, and way
to Hong Kong early this therefore, the prisoner of the disability on a bailor, the author sce no reason for disbelieving the morning, picked up the occupants Lord, beseech you that ye walk ties to which reference is made statement made on behalf of the defen- of a junk which had capsized worthy of the vocation wherewith 'tored. They had surrendered the below, appear to me to establish the dants. rule that where only the fact of los adopted by the local Branch with Full particulars of the incident to keep the unity of the Spirit in selves in
I am of opinion that the procedure owing to a sudden gust of wind. ye are called... Endeavouring Independence and had bound them- fealty to St. John's is known to him that this may be gard to the handling of registered were not available at the time of the bond of peace. There is one Cathedral under the name prima facie evidence of negligence mail received by them on behalf of cus going to press,
but the rescued body, and one Spirit, even as ye Chapel of Ease. The change was on the part of a ballee and at least¦tomers was a reasonable one
and people, understood to be all wo- are called in one hope of your a gain for St. Peter's. They had call upon him for an explanation.
shows that they acted with care and men and children, were taken over calling: One Lord, one faith, on secured the advantage of having a Three Dogs-One Missing prudence in the carrying out of the re- in a launch to the Water Police baptism, Ons God and Father of permanent priest in charge
sponsibilities imposed In "Phipps v. New Claridge ilote! the law. I can see nothing in the caso
upon them by Station, where onquiries were pro- all, who is above all, and through During the year St. Peter's bad Limited" 22 L.T.R. 49, a guest at to affect them with gross negligence
all, and in you all" (Eph. 4: 1, suffered a temporary loss, and had an hotel had entrusted three dogs or with any absence of the care which There was happily
mado a permanent gain. The loss no loss of 3-6). to the care of the defendants. They a reasonably prudent or careful man
The Lesson-Sermon also includ-ho referred to was the departure were put in a room which was lock-would have taken if the packet lost had
ed the following passages from an leave of the Rev. N. V. Halward, ed and the key remained in the been bis own.
the Christian Science text-book, who in addition to his duties as possession of the defendants or have discharged the onus thrown upon I hold, therefore, that the defendants
"Science and Health with Key to Bishop's secretary, had acted as vants. When later in the day the them, on the principle laid down in
The latter the Scriptures," by Mary Baker priest to St. Peter's. plaintiff sent for the dogs, one of "Bullen v. The Swan Electric Engrav
Eddy: "Spirit being God, there is work, together with the interest them was missing Bray J. in the ing Company" (supra) by the admit each of two Chinese carpenters at but one Infinite and therefore one
A fine of $10 was imposed on but one Spirit, for there can be he took in the Young Men's Club, course of his judgement is reported ted loss of the parcel of diamonds in the Kowloon Magiaracy, this morn God" (p. 384)..
would have been more than a full as saying "When it was once proved question in these proceedings and that ing for assaulting with an axe a
time job in ordinary 'circumstances, that this dog was placed in the de- they are entitled to Judgment in their compatriot in Laichikok Road.
The gain was the presence of Mr. fendants' custody as an ordinary favour, with costs.
Watkins, who was now permanent priest to St. Peter's..
ballment, it was their duty to show some circumstances which negatived the idea of negligence on their part No such evidence had been placed before him.
INVOLUNTARY DIP
As the 12.50 pm, Star Ferry In giving the judgment of the was going to Kowloon to-day. a Court of Appeal in "Bullen v. The Chinese passenger on the lower Swan Electric Engraving Company" deck fell into the water
ceeding.
life.
AXE AS WEAPON
The defendants were also order-] ed to pay compensation to the com- plainant of $10 each,
RAILWAY STRIKE
Bombay, Yesterday,
The strike on the Grest India
·STEWARD. FALLS DEAD
of a
Regarding the funds of the year The German steamer Fulda ar- the Duplex system had been fi rived at 1250 p.m. to-day from stalled and had resulted in n ́gain. Dalny flying or dag at half mast of $900, while $863 had been made A China Mail reporter was in by the envelope system. This formed that at 10 am to-day year they intended to budget for Chinese dark steward, whose home: $1,000,
was in Shanghai and who had Satisfactory reports were" "read 28 TLR et 359, Sir Gorell He was promptly rescued by a Pedinsula Railway la improving been for home time employed on from the Guild of Martha and Barnes sald They were left, there- Star Ferry coming frost Kowloon The strikers in various centres the ship, fall dead on deck in the Mary, the Servers". Guild, and the fore to the consideration of well and, on arrival at this side, was gradually retuning to work Reu- course of his routine duty. The V.D,M.A., after which the meeting known principles of law. One of taken in an ambulance to hospital. ter.
cause of death was heart failure, concluded.
Fascinating Orchestral Records
New
Columbia RECORDS
9756-7-Four Ways Suite
Regal Cine Orch.
(1) Northwards (2) Southwards (3) Eastwards (4) Westwards 9513-4-5- Unfinished Symphony
(Schubert)
Queen's Hall Orch. 9460-1-2-Symphony in E Flat
(Mozart)
Royal Phil Orch. 9646 --- Orpheus in the Underworld Lucerne Kursaal Orch. 9507 — Mignon-Polonaise
9707
Squiros Octet. Norwegian Rhapsody ..... Sym. Orch. of Paris. 9519-22 Carnival of Animals .. Sum. Orch. of Paris,
(4 Records in Art Album)
THE ANDERSON MUSIC CO., LTD.
CHOSEN FOR EXCLUSIVE USE AT THE INTERNATIONAL
CHAMPIONSHIPS OF FRANCE
AND GERMANY 1930.
THE "SLAZENGERS” TENNIS BALL
OBTAINABLE FROM ALL. THE LEADING DEALERS.
PARCELS OF CLOTHES for
the Hong Kong Benevolent
Society can be left any day
with Mr. Grenham at the
Y.M.C.A., City Hall.
DCL
The Distillers Company
"D. C. L."
MALT EXTRACT
WITH
COD LIVER OIL
La made from the finest selected Barley and malt- ed with the greatest
care on the Company's own premises by the most scientific methods of manufacture.
THE DISTILLERS
COMPANY, LTD.
EDINBURGH.
Price:--Per 1 lb. Jar --§1.10
SOLE AGENTS?
Per Z lb. Jar-32.00-
GANDE, PRICE & CO., LTD.
George's Building, Tos House Stree
HONG