4.
LLOYD TRIESTINO
FORTNIGHTLY PASSENGER AND FREIGHT SERVICE FOR
BRINDISI, VENICE & TRIESTE
Taking Cargo on through Bill of Lading to Flume, Genon, All Italian Adriatic, Lorant, Black Bea and Danube Ports. Taking Passengers to London Overland via Brindisi, Venice or Trlesto NEXT SAILINGS FROM HONG KONG
M.V. "ROMOLO"
S.S. "FIUME"
S.S. "VENEZIA”
*M.V. "HIMALAYA”
* Cargo steamers only.
For Shangbah
& Japan
Apr. 16
For Singapore & Europe Apr. 10 Apr. 28 May 11. May 24
All dates are subject to alteration without notice. For Freight and Passages apply to:-
Queen's Bullding,
Tel. C. 1030.
DODWELL & CO., LTD, Agenta.
NY.KLINE
REDUCED THROUGH TICKETS TO EUROPE VIA U.S.A. VARYING FROM £83 TO £120 ON SALE
SAN FRANCISCO via Shanghai, Japan Ports & Honolulu,
SEATTLE, VICTORIA via Shanghai & Japan Ports.
LONDON, MARSEILLES, ANTWERP, ROTTERDAM vis
Singapore, Penang, Colombo, Suez.
TATSUTA MARU
SHINYO MARU
14th April. Monday, Wednesday, 23rd April.
SIBERIA MARU
Saturday, 10th April.
}
ATSUTA MÁRU
Saturday,
KASHIMA MARU
Saturday,
10th April. 3rd May.
SYDNEY & MELBOURNE via Manila & Ports.
AKI MARU
Wednesday,
23rd April
KAGA MARU
Wednesday,
21st May.
11th April
14th April
THE CHINA MAIL.
$25,000 LOST IN LAND DEAL.
share in the property in question on March 7, 1929, was consistent with what he alleges to have been his intention at the time of the assignment of March 9, 1917.
was a
(Continued from- Page 1.)
covered that the plaintiff asserted that the second defendant had no beneficial interest in the property in question.
"Gross Negligence",
CHANNEL TUNNEL.
Committee Urge Private Enterprise.
TUESDAY, APRIL 8, 1930,
CANADIAN PACIFIC
STEAMSHIPS - HOTELS
RAILWAYS
M.
EXPIRES
SHORTEST AND QUICKEST ROUTE ACROSS THE PACIFIC TO VICTORIA & VANCOUVER
f
V'ww Arrive
17 Days Hongkong-Vancouver, 14 Days Shanghai-Vancouver 11 Days Robe-Vancouver, 9 Days Yukahama-Vancouver
Hong Kong Shal Eobe **bama
Loave
Leave Leave
Leave Apr. 9 Apr. 12 Apr. 15 Apr. 17 Apr. 25 Apr. 30 May 5 May May 8 May 17 May 15 May 18 May 20 May 22 May 30 Лиде Jane 7 June 10 June 12 June 21 June 25 June 28 July 1 July 3 July 11 Jaly 10 July 13 July 15 July 17
July 25 July 23 July 26 July 29 July 31 Aug. 2 Aug. 7 Aug. 10 Aug. 12 Aug. 14 Aug. 22 Aug-20 Aug. 23 Aug. 28 Aug. 28. Bept Sept
Sept 7 Sept. 9 Sept. 11 Sept. 19 Sept. 17 Sept. 20 Sept. 23 Sept. 23 Oct. Oct. 2 Oct. 8 Oct. 7 Oct. Oct. 17 Oct. 15 Oct. 18 Oct. 21 Oct. 23 Nov. 1 Oct. 30 Nar, 2 Nov. 4 Nov. 6 Nov. 141 Nov. 12 Nov. 15 Nov. 18 Nov, 20 Nov. 29 Regular saling hour Noon.
EMPRESS OF CANADA EMPRESS OF RUSSIA EMPRESS OF
JAPAN EMPRESS OF ASIA EMPRESS OF CANADA EMPRESS OF RUSSIA EMPRESS OF JAPAN EMPRESS OF ASIA EMPRESS OF CANADA EMPRESS OF RUSSIA
EASTER HOLIDAYS.
Αντίνο
LOSTO
Axrive
Manila Hong Kong
EMPRESS OF ASIA Apr. 25 May 9 EMPRESS OF CANADA May 10
Apr. 27 May 12
CANADIAN PACIFIC EXPRESS.
TRAVELLERS CHEQUES PAYABLE THE WORLD OVER.
Passenger Department: Fraight and Express:
Tel. C.725 Tel. C. 42
Cables: "GACANPAC."
A Ruling at Home. In "Kettlewell v. Watson" 26 put forward by the Channel Tun- C.D., p.501, which was a case relat- nel Co., who proposed that the ing to land in the West Riding of tunnelling to be undertaken should THE SAFEST AND MOST CONVENIENT WAY TO CARRY FUNDS Yorkshire, dealings with which had consist of two independent traffic to be registered by memorial under tunnels and a smaller plot tunnel. the West Riding Registry Act (2, The cost of maintenance and and 3 Anne, C.4)
of an argument operation the tunnel they similar to that used on behalf of estimated will reach half-a-million the first defendant was advanced, pounds per annum, but in the course of his judgment Question of Jurisdiction. Lindley, L.J., in giving the judg- The committee state that the ment of the Court of Appeal said: procedure which would probably be
Cables: "NAUTILUS."
"On the available evidence it' appears probable that the geologi; cal and engineering difficulties likely to be encountered could be It is argued on behalf of the successfully overcome." This is A Right Repudlated. Finally when on March 11, 1929, plaintiff that the failure of the first the conclusion of the Channel four days after the date of the defendant to take reasonable pre- Tunnel Committee. aald mortgage, the first defen caution of calling for the title They point out, however, that ap dant's solicitors wrote to the plain-deads fixes him with a knowledge element of doubt regarding the tiff asking for the loan of the title of the fact that the second defen- practicability of constructing a
EMPRESS OF RUSSIA deeds relating to the property in dont was a trustee of one undivid- tunnel must remain until the pro-EMPRESS OF ASIA question to make attested coples ed molety of the property in ques-posed pilot tunnel, estimated to EMPRESS OF CANADA thereof, the plaintiff at once went ton for the plaintiff, and that, cost £6,600,000, has been success- EMPRESS OF RUSSIA to his solicitors and consulted consequently, the legal estate of fully driven right across the chan-EMPRESS OF ASIA them, with the result that the lat- the first defendant should be post-nel. If the pilot tunnel is success- fer wrote on March 14, 1929 to poned to the equitable rights of the fully constructed in the manner the first defendant's solicitors re- plaintiff owing to an omission proposed, the practicability of constructing the pudiating any right of the second which constitutes grass negligence. aubsequently defendant to the property in ques- I agree with this argument and if traffic tunnels may be regarded as tion.
authority is required it will readily established.
The cost of the latter tunnels is The first defendant brings no be found in Oliver v. Hinton" evidence to show what the Inten- (1890) 2 ch. p.264, and "Berwick estimated at about £25,000,000, and tion of the plaintiff was on March & Co. v. Price" (1905) 1 ch. p.692. there would be no difficulty about!
It was further argued on behalf their operation and upkeep. 9, 1917, and he could hardly be
If the channel tunnel is can-(E/Asio and E/Russia call at Nagasaki the day after departure from 8'hai) expected to do so. In cross of the first defendant that the re- examination of the plaintiff, ques-gistration of the assignment of structed, the committee consider tions were put to him suggesting March 9, 1917 and of the lease of that on economic grounds the work Atlantic sailings from Montreal and Quebec, every few days to Liverpool,
Southampton, Glasgow, Antwerp, Cherbourg and Hamburg that the use of the name of L1 October 11, 1927, constituted a re- should be carried out by private Kan by the plaintiff was with the presentation to the public that the enterprise, and should not be ac object of deceiving members of the persons of the names of Li Kan corded any special financial assist- public, and Inducing them to be- and Li Nga-ching were Joint ance by the Government. A tunnel, lieve that when in his name of Li tenants of the property in question, they say, would be of economic ad- HONG KONG TO MANILA & RETURN G$70.| Hung-cheung, alias Li Po-kwal he and that each one of them was vantage to Britain.
Leaves The committee emphasise that purported to assign for a named therefore at liberty to mortgage a
Hong Kong Manila, sum the property In question to moiety of the intereat in such pro- none of the new forms of cross- Li Kat and the second defendant, perty and that it was not therefore channel communication suggested Apr. 18, 5p.m. Apr. 20
May 7, 5 p.m. he intended to make it appear that necessary for the first defendant to them could be regarded as a to call for the production of the satisfactory alternative to the Li Kan was a different person to Li Hung-cheung, allas Li Po-kwaś title deeds relating to it.
channel tunnel, and only one that and that the transaction
merlted serious consideration was sale for vaulable consideration.
Many Aliases, Certainly there is ground for animadversion in the lengths to which the use of aliases is some- times carried, and it is easily con- ceivable that allases may be used for purposes of fraud, but after careful consideration of the evi- dence and of the attendant circum- stances in this case, I have come to the conclusion that I should (at p.508) "Neither can we accede found most suitable in questions of not be justified in rejecting the
to the contention that in register sovereignty and jurisdiction would emphatic statement of the plain-counties it is not necessary for a be the appointment of a joint Anglo- tiff that he nover Intended to bene purchaser to inquire for or examine French commission to prepare a SOUTH AMERICA (West Coast) via Japan, Honolulu, Los Angeles, fit the second defendant by the deeds, memorials of which are re- draft treaty or agreement for the assignment of March 9, 1917, or gistered. The registered mem-consideration of the two Govern- to be party to any fraud.
orials themselves give very lit-ments. They state that they had I therefore find in plaintiff's
tle information, and the object given no consideration to defensive favour on this issue and hold of the statute веегав rather measures that might be required to that on the execution of this aa-
to be to let people know what they protect the British end of the signment resulting trust in
are to inquire about than to dis-tunnel. favour of the plaintiff arose and
River? Then let us tell you that you pense with inquiry respecting! Lord Ebbisham signed the re- that the presumption of advance-deeds and documents, memorials of port subject to a minute of dissent. have in store one of the most inter- ment in favour of the second de- which are registered. On the same His general conclusion is that evenesting trips you can possibly take. fendant has been rebutted.
hand the register invites a pur if the tunnel could be built, main-The .. "Tal Ming" and "Tai Hing," But the case for the first defen- chaser's attention to the documents talned and operated by private en-after leaving Hong Kong, call at dant does not rest here. It is ad- on it, and on the other it limita terprise, and if it could carry Samshal, Shiahing, Takhing. Dosing For information apply to- mitted on his behalf that the be- his enquiry to these documents, traffic at competitive rates, any re- and stop at Wachow. These steamers
uncertain haviour of the plaintiff has bean unless he has notice of others; sultant advantages ara such that the defendant should from some other quarters. The and at the best alight in extent, not be deemed to hold the molety common practice, moreover, cer- whilst on the other hand the of the property in question mort-tainly is in accordance with this' evidence submitted has shown that gaged by the second defendant to view, and, prima facie, a purchaser, there would be a definite detriment him as a trustee for the plaintiff. of lands in register county omits to substantial portions of establish- is argued that the assignment ordinary precautions if he makes, ed industries such as shipping and of March 9, 1917 clearly expresses no Inquiry respecting the docu-agriculture. He states that he is a transfer of an undivided moiety ments the existence of which is opposed to the scheme on economic
mako Britain in the property in question to Li disclosed by the register. The con- grounds Kam and Li. Nga-ching, persons on veyance of November 15, 1872 from more adjunct to the Continent, and the face of it having 'no connec- the plaintiffs to Richardson &might promote a feeling of unrest. tion with the plaintiff, that a Watson was properly entered on memorial of the deed was regis- the register, but neither of the ap- tered in the Land Office under Or-peliants searched The register or dinance No. 1 of 1884, and that made any enquiry whatever for the A memorial of the lease of Octo-deed. Prima facie, therefore, both ber 11, 1927, was also registered of the appellants omitted to take in the Land Office. These acts, reasonable precautions." It is sald, constituted a represen- In the circumstances of the case, tation by the plaintiff that the I am of opinion that the plaintif property in question belonged to is entitled to (2) The property in
of L Kan question free from the mortgage Evangelical Free Churches, a Man* persons of the name
to the and Li Nga-ching in undivided of March 7, 1929, from second de cheater minister referred moleties and that consequently, so fendant to first defendant, and (b) "ukelele Boul", of youth, In far as the first defendant is con- An order directing the first defen-"pleasure-mad world.” ZANZI-cerned, it must be taken that the dant, to reassign the undivided second defendant had a right to mofety of the said property to the convey, and the first defendant plaintiff. had a right to take, the undivid- ed molety zo vested in the second
BOMBAY via Singapore, Penang, & Colombo.
AWA MARU
Friday, Monday,
+ NAGANO MARU
Mexico & Panama, HEIYO MARU
2nd May. SOUTH AMERICA (East Coast) via Singapore, Cape Town & Ports,
Monday, HAKATA MARU
Friday,
NEW YORK, BOSTON via Panama.
+ LISBON MARU
Wednesday,
† TSUYAMA MARU
Thursday,
5th May.
16th April,
1st May.
LIVERPOOL vin Port Sald, Constantinople, Genos.
† LIMA MARU
Monday,
CALCUTTA via Singapore, Penang & Rangoon.
+ GENOA NARU
Tuesday,
+ NAGATO MARU
Tuesday,
14th April,
8th April. 15th April,
SHANGHAI KOBE & YOKOHAMA.
• MORIOKA MARU (Hoji direct).... Sunday,
SUWA MARU
+ DAKAR MARU
+ Cargo only.
13th April 14th April.
Monday,
Wednesday, 16th April
For further information apply to:-NIPPON YUSEN KAISHA.
Tel. Central No. 292, 3821 and 8897. (Private exchange to all departments.)
0. S. K.
SAILINGS FROM HONG KONG,SUBJECT TO ALTERATION. LONDON, HAMBURG, ROTTERDAM & ANTWERPVLs Singapore
Colombo, Sues and Port Bald.
Monday, 21st April.
ALASKA MARU
RIO DE JANEIRO, SANTOS & BUENOS AIRES Via Saigon, Singapore,
Colombo, Durban & Cape Tow
BUENOS AIRES MARU
SANTOS MARU
BOMBAY-Via Singapore & Colombo.
'BURMA MARU
Friday, 25th April.
Tuesday, 20th May.
Saturday, 19th April
DURBAN, LOURENCO MARQUES, BEIRA, DAR-ES-SALAAM,
BAR & MOMBASA¬VISIngapore & Colombo. MEXICO MARU
Baturday, 3rd May,
........ Friday, 18th April.
CALCUTTA—Via Bingapore, Penang & Rangoon.
BORNEO MARU
A
VICTORIA, SEATTLE, TACOMA & VANCOUVER—Via Japan Ports from defendant under the mortgage of
Shanghai.
ARIZONA MARU (from S'haf)... Tuesday, 15th April HELBOURNE Via Mandia, Brisbane & Sydney. HAIPHONG Yis Hoihow & Pakhol
MENADO MARU
Thursday, 17th April, 10 am.
NEW YORK-Via Japan ports & Panama.
Tuesday, 8th April.
JAPAN PORTE.
KASADO MARU
HAVRE MARU
BATAVIA MARU
KEBLUNG-Via Bratow & Amoy.
CANTON MARU TAKAO-Via SWATOW & AMOY.
DELI MARU TAKAO & KEBLUNG.
BATAVIA MARIT
For further pailealasz pisase apply Tel. Central No. 4088,408P, 4999.
Tuesday, 8th April. Thursday, 10th April
Sunday, 18th April, 8 p.m.
Thursday, 10th Apr", Noot. Thursday, 10th April in-OSAKA SHOSEN KAISHA...
M. TAKEUCHI, Manager,
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March 7, 1929,
My judgment must therefore be for the plaintiff with costs.
N.Y.K. MANILA SERVICE.
Firat Defendant's Assertion It was also pleaded in the state- ment of defence that having re-
Manila has been added to the gard to the contents of the memorials above referred to it was California-Orient service of the
not necessary for the first defen- Nippon Yusen Kaisha, starting
to
8
There will be keen competition
between two firms for the building
to be constructed as strongly as a of the new super-Cunarder, which is
battle cruiser.
At the
National
Council of
B
BRITISH WUCHOW LINE
APRIL BAILINGS. DEPARTURE HOURS:
Hong Kong 5.30 p.m. Wuchow L30 p.m. 8.S. "TAI HING"
[1,069 tone-Capt. Trott]
APRIL
WED. Oth
TUES 15th
FRI WED. 104.
25th
BUN. 20th
You haven't been up the West
are admirably suited to the marvice
and you will enjoy the five-days' round trip immensely.
8.8. "TAI MINGTM (049 tons-Capt. G. J. Spink]
.APRIL. SUN.
FRL.
13th WED. 23rd 18th MON. 28th
87, Connaught Road West,
Phone: Central 895,
KWONG WING
NATAL LINE OF STEAMERS
FROM CALCUTTA & COLOMBO TO SOUTH AFRICAN PORTS.
Co Ltd.,
S.S. "UMZUMBI ....Salls from Calcutta on or about 10th May,
Regular Passenger and Cargo Service to South African Ports. Through Bills of Lading issued from Hong Kong. For Freight or Passage apply to : ----
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Telephone Central 1030.
BANK LINE LTD
AGENTS FOR
dant to call on the second defen- with the sailing of the Tenyo ELLERMAN & BUCKNALL S.S. CO., LTD.
dant to produce the title deeds Maru
from San Francisco to before the former advanced money Manila via Honolulu. With the jon
of mortgage
the pro- Shinto Maru, the Talyo Maru and perty in question, because the Tonyo Mara, the company will these memorials were sign have eight sailings from San Fran- ed by the plaintiff. In other cised to the Phillippines this year. words, the first defendant asserts When the new $1,400,000 motor- that be is freed from Ill conse-ships Chichibu Maru and Tatante quences that flow from the cmis Maru join the Asama Maru in the sion of doing whs an ordinary Trans-Pacific In April, the running prudent man would have done, le time between San Francisco, and calling for the title deeds of any Yokohama is to be reduced one day, property on which he is thinking The run between Honolulú" and of advancing money-bacause he San Francisco is to be reduced from was entitled to consider that the six days to five days. The Asama existing conditions of the title to Maru has been making 19 Knots the property in question was such and her two sisterships are expect
Was deducible from the facta ap-ed to do equally well. pearing on the memorial which gave no indication of any equity affecting the legal estate
STEAMERS MOVEMENTS
The C.P.3. RMS. Empres
If the first defendant or his solleltore, before the mortgage WAS executed, had done what they did ca after its execution and had de- Marc manded. spection of title on
deede
that would second defend
from Hong Kong
arrived at
China
SAILINGS SUBJECT TO ALTERATION WITHOUT NOTICE.
UNITED KINGDOM & CONTINENT
B.S. "CITY OF TOKIO”. ....London, Rotterdam, Hamburg & Hall 8.8. "CITY OF PEKIN" ....London, Rotterdam, & Hamburg
NEW YORK, BOSTON, & BALTIMORE
8.8. "CITY OF EVANSVILLE”
ELLERMAN LINE
9th April 9th May.
AMERICAN & MANCHURIAN LINE
.15th May,
ALSO AGENTE FOR
ANDREW
WEIR &
CO
SERVICES TO
BOSTON, NEW YORK, & BALTIMORE MAURITIUS & SOUTH AFRICA
68. "TINHOW"
AMERICAN & ORIENTAL LINE ORIENTAL AFRICAN LÍNE
15th April
Loading for Mauritius, Reunion, Delagos Bay, Durban, East London, Algoa Bay (Port Elizabeth),
Mossel Bay and Capetowa
uitmaine, The Port Amalia, Mosambique, Chinde, of Lading issued – to: Baira,
dhary Mombaas, Kilindinf, Port Nolloth, Luderita Bay, Walvis Bay
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