:
SIXIO
Library, Supreme Court
OSO China Mail
When the boy is roller
skating, he lets every
stroke carry him as
far as possible.
he saves his power
he glides s
good share of the
time
THAT'S FREE
WHEELING!
HONG KONG & SHANGHAI HOTELS, LTD. (Incorporated in Hong Kong.)
ESTABLISHED
1846
No. 27,754
HONG KONG, WEDNESDAY, MARCH 25, 1931.
LAND VALUATION IN THE COLONY
EXPERTS
AT VARIANCE
CHIEF JUSTICE AND THE EIGHT
PER CENT FACTOR.
$42,000 DAMAGES AWARDED
Interesting comment upon the methods of land valuation in the Colony were made by the Chief Justice (Mr. Justice Wood), in the Supreme Court this morning, when he gave judgment in favour of Mrs. Chu Shuk for $42,000, with accrued rentals at $211 per month from February 14, 1930, to the date of judgment, together with
terms of a mortgage deed, by the Banque Franco-Chinoise pour le Commerce et l'Industrie,
The property, situated at No. 6, Ko Shing Street, had been mortgaged to secure the grant of certain banking facilities to Mr. W. M. Pittendrigh, and was sold by the bank on February 14 for $24,000, being resold within one month for $12,000. It was one of plaintiff's alternative pleas that the property had been sold in the first place at gross under-value,
"
'CONDITIONS AS THEY ARE‘
LOAN TO SPANISH
GOVERNMENT.
Negotiations for Credit of $60,000,000,
J. P. MORGAN ENTERPRISE.
New York, Yesterday.
The prominent American bank-
TO-DAY'S DOLLAR, — The closing rate of the dollar on demand, to-day was 1/- .
PRICE $3.00 Per Month.
"CORRUPT" CITY OF LIBERALS'
NEW YORK.
Investigation of Charge To Be Made.
BILL PASSED BY SENATE:
Albany, Yesterda New York State Senateks ing Corporation, J. P. Morgan passed a Bill approving of com and Co., are negotiating with the prehensive legislative inve Spanish Government for a credit tion into the prevailing.. alleged of $60,000,000 in which it is ex-corruption in New York City. A pected that British and French similar measure was defeated bankers will participate.
last month for the lack-of-two The negotiations are still in the votes.-Reuter's American Ser- formative stages. Reuter's vice. American Service.
on
POLICY
NO FORM OF PACT: WITH LABOUR.
NEW DECISION
SIR J. SIMON LEAVES MEETING.
3
Ride Safe
ON.
DUNLOP
"Britain's Best."
Local Branch. Pedder Bldg. Tel. 24554.
REIGN OF TERROR IN
PERU CAPITAL.
Mutineers Shelled in Army Barracks.
MINISTER LEADS ATTACK
cover.
Courageous Minister.
EXECUTIONS CAUSE NERVOUSNESS.
May Adversely Affect
Congress Decision.
bruto
LAHORE MURDER.
New York, Yesterday.
Bombay, Yesterday. Reports from Linia state that a The fear that the Lahore exe- reign of terror prevailed for four cutions may adversely affect the hours last night, when three decision of the All-India Con infantry companies revolted and gress has caused nervousness and fought the Government forces uncertainty. Although the cotton and only surrendered after their market closed, business was trans- London, Yesterday. headquarters had been blown up acted privately at 208% rupees There will be no form of pact by gunfire and 40 of them were per candy of 784 lb-Reuter. between Liberals and the Govern- killed. Martial law is now de-
"Lest We Forget." ment, but Liberals promise to give creed.
New Delhi, Yesterday. the Government their general) [A message of Mar 18
The rebels, led by two ser- "When Britain talks of settle- stated: Formal charge that support conditional on the Gov- geants, imprisoned their officers ment there will be the corpse of costs, in respect of an alleged wrongful sale of property under the payment and a period of oncMayor Jimmy Walker discharged/ernment pursuing a number of and advanced to the Palace wild- Bhagat Singh between us lest we calendar month thereafter in his duties in a "wasteful, incom-specified lines of policy which ly firing rifles and machine guns, forget," This reference to the which to comply.
petent fashion are made by the Liberals regard as essential at while pedestrians scurried to hanging of the Lahore conspira- No Implied Power of Sale. City Affairs Committee, whose the present time.
tors made yesterday by Jawor- This decision was reached after that by the terms of the deed, ernor of the State, MrD: the Liberal Parliamentary Party the rebels and shelled the bar- eve of the opening of the All-
It was submitted by the bank report is published by the Gov-
The loyal troops, commanded harlal Nehru Indicates the feel- a five and a half hours' meeting of by the War Minister, drove back, ings of the Nationalists on the plaintiff had conferred a power of Roosevelt.. sale without necessity of any no-
to-day which, by 83 to 17 votes, racks to smithereens as well as India Congress. tice to her in certain circum-vate organisation of leading citi-claration the
The Committee, which la-a pri- decided in a general form of de- the turrets in which some of the At Karachi Gandhi made 3 stances, namely, when default zens, says that Walker's con- Liberals proposed to adopt toward remainder surrendered.
attitude which rebels had taken positions. The statement in which he described the hanging as a grave Govern- had been made in payment of any duct in office was incompetent, in the Government in the House of interest payable under the deed efficient, and futile, the result of Commons.
ment blunder and added that we upon demand or where default which being that the machinery
must not get angry and accuse There will be no form of pact) had been made in performance of of Government failed to function or alliance and the independence storming of Santa Catalina bar-settlement.
A dramatic account of the the Government of a breach of any of the covenanta contained in and the administration of the of the Liberal Party will be racks by Government troops, re-sacrifice and reckless courage of He admired the the deed. The objections set City was brought into disrepute." strongly stressed. forth to this submission (by Last week a petition was sent to The meeting decided to treat the
ceived from Lima, relates that the conspirators but their methods counsel for the plaintiff) His Governor Roosevelt by the So- the terms of the declaration as Jiminez, at midnight drew up his
War Minister, Colonel must not be copied. Lordship considered well founded.ciety for the Prevention of Crime confidential
He referred to the Government's until Mr. His Lordship, considering this relied upon the terms of the first
His Lordship continued:-
Lloyd forces before the barracks, which "flouting of public opinion" by the point in his judgment, drew at- (general) covenant, whereas for I-now bring myself to the final which, without impugning the George discloses them at a meet the mutineers had made their exhibition of "immense
Mayor's, integrity, tention to the fact that Mr. the plaintiff it was argued that alternative claim raised
demanded: ing of the Liberal Candidates' stronghold. McKichan, of Leigh and Orange, such a wide construction of the plaintiff's claim, with reference to ed to clean up the City."1
the "Some proof that he really desir Association on Thursday.
power and persistence, wherein is Col. Jiminez and two officers perhaps the portent that they do and Colonel L. G. Bird, of Messrs. deed was an incorrect interpreta- which most of the oral evidence
The minority voting against the entered the barracks, after order- not mean to dart with power." The declaration included Palmer and Turner, who had tion of its real meaning. The given at the hearing had been call-
Sir Johning their troops to fire if they did Congress should, however, endorse given evidence of valuation of the learned counsel for plaintiff had ed. Assuming everything else in BLASTING MENACE. Simon who left before the end of not return in ten minutes. At the the Irwin-Gandhi settlement.
the meeting. property on behalf of the bank, said that if it had been the inten- the defendant's favour, the plaintiff
end of a quarter of an hour} Following a speech of protest had estimated its value at $80 per
the terms of declaration, it is in the loyalists therefore blew down charlar, against the execution of Owing to the secrecy regarding Col. Jiminez did not emerge and by their leader, Diwan Ranga- foot. The return per annum they both placed at 8 per cent, giving
possible to forecast whether it the doors with shell fire and rush the Lahore conspirators, the Na-. a total value of $30,000. The
will materially affect the political ed the barracks with fixed tionaliste walked out of the Legisla- bank had paid into Court $6,500,
situation. Sir Archibald Sinclair bayonets, demoralising the defen- tive Assembly. STONES IN GARDEN.. withdrew his resignation and was ders, who threw down their arms. without admitting liability.
On the other hand, Mr. Caer amounts becoming payable in re-damages.
re-elected us the Liberal Chief Reuter's American Service.. "A stone flying one hundred Whip.-Reuter. Clark, of Messrs. Clark and Iu, inspect of terms set out in subse-, It is not here Incumbent upon yards is extremely dangerous, evidence for plaintiff, gave as his quent portions of the deed... her to allege bad faith amounting was the remark made by Mr. valuation the sum of $42,000. "1 adopt the construction for to fraud against the bank, nor has Walter Schofield in the Central He estimated the footage value at which the plaintiff contends," she done so." It is enough if she Magistracy this morning, when he $45, and the annual return at 6% said His Lordship, ".
On can establish on the part of the imposed a fine of $75 on the Sang per cent.
this construction of the deed the bank such neglect of reasonable pre- Lee Firm of building contractors, "I have no hesitation in accept plaintiff's claim to recover the cautions in the sale as would lead to who
were summoned for having ing Mr. Caer Clark's valuation as value of her property must suc- the conclusion that the conduct of takon inadequate mensures whilst correct," said His Lordship. cced. I propose, however, to deal the bank fell short of the standard blasting on the "Both Mr. McKichan and Colonel with other matters considered at of good faith required by law from Road on March 10, at noon. Bird have stated that for a num- the hearing."
Sub-Inspector Rogers stated that ber of years they have made a practice of using the 8 per cent.
defendants were engaged in dig- factor, not taking any account of] His Lordship then went on to perty realised $24,000 only. This sing a trench for water pipes to be laid at a bend in the new Shau- a variation in the earning power consider the question of written sale took place on February 14, 1980-kiwan Road at North Foint. The London to-day and was lustily and coffee. Reuter's American flown over the camp, half-mast- King Alfonso returned from cluding newsprint, rice, sugar, and a large tri-colour flag was of money in the Colony at differ-consents, stating that it had been On March 22, 1980, the
same pro Police had received
cheered by a crowd of young Service, numerous ent periods.
Mr. Clark, contended for the bank that the perty was resold at a price of in making his valuations, took signature of Shaofan Tan (other- $42,000. This is an advance on the complaints to the effect that stones Monarchists as he drove to the into account conditions as they wise Tan Siu-fan) appointed agent previous price of 75 per cent., with the Hong Kong Electric Company's were falling into the garden of actually existed."
for the mortgagor, constituted a in a period of a little over оле His Lordship added, that before requisite consent under the terms month.
The plaintiff invites the pany wrote a strongly worded let quarters. On March 4; that Com the sale by the Bank no steps of the mortgage deed. In this Court on these facts to find that tor to the Hon. I.G.P. in which it were taken to ascertain the value connection he held that a cheque her interests have been disregarded was stated that
a window had of the property sold. He was drawn in excess of the amount by the bank and that the conduct of satisfied that the second sale, for standing to the credit of an ac- the esle has rendered the bank llable $42,000, was a bona fide one. count is in itself a loan, and such to her for this deficiency. In value
Other Contentions,
a request that if the cheque is obtained by them.
TO SPRINT.
tion of these parties that a gen-nevertheless submits that the bank POLICE INSPECTOR COMPELLED eral overdraft should be secured, in its conduct of the sale has shown nothing would have been easier a reckless disregard to her intereste than to draft its clear terms. The and has sacrificed her property by first covenant was, in his sub-selling at a gross under value. mission, an undertaking to pay | Under this head sho claims
Written Consents.
His Lordship also found that plaintiff's counsel had interpret of money by the customer.
A
a mortgagee.
Sold and Re-sold, On the sale by the bank the pro-
Rogers..
new Shaukiwan
been broken by a blast. On March 10, Inspector Rogers went to the place, and awaited a blast which She furnished took place about 100 yards away. honoured it results in a borrowing architects' evidence of the value. "At noon it went off, and I had To this contention the bank has to run, for one of the stones near- ed the mortgage deed correctly. direction given by the cheque in replied by calling evidence of ly hit me." declared Inspector On the question of written con- such circumstances to a bank to valuation. Two expert valuers sents by the signing of cheques pay money logically involves a have given evidence for the defence,
In his opinion the measures by the mortgagor's consenting consent by the person drawing the Mr. MacKichan, a partner in agent, he held that the bank's cheque to the necessary advance. Messrs. Leigh & Orange, and Col. taken by defendants were inade submission was proved. But the
Bank Succeeds.
L. G. Bird, a partner in Mesers. quate, in that they only had bank had not given the requisite | "The opinion to which I have Palmer and Turner. These two a wooden tressie and a sack over notice of sale as required by the come on this point," said His witnesses valued the property in the blast, whereas they should terme of the deed.
Lordship, after discussing plain dependently on March 1 and April have had a number of sacks, then After reciting the facts of the tiff's contention,
They agree the tresale, more sacks, and heavy "Is that the 1, 1980, respectively. case, together with plaintiff's bank's contention succeeds .. in their valuations. According to stones to weigh the explosive statement of claim, His Lordship That these consents so identified them the properly was worth down. said that the parties, in his opin- in this case must be referred to | $30,000.
The defendant bank has in these ion, deserved sympathy by rea- the mortgage is, to my mind, evid-{
admitting son of the obscurity of the deed. ent... there is here present proceedings, without The first and major portion of the no question of separate securities; Hability, paid into Court the sum of plaintiff's claim was concerned (but that) the two securities held $6,500 with a statement that this with its construction.
by the bank, namely, the mort- is a sufficient sum to satisfy the Plaintiff had argued that the gage deed and promissory note, claim of the plaintiff under this banking facilities granted to Mr. were concurrent securities and section of the case.
A Different Valuation, Pittendrigh were outside the com- co-operative."
pass of the deed, and had further-
Wrongful Sale.
HIGHWAY ROBBERY.
SUSPECT REMANDED" FOR A WEEK
Lam Shing and Lam Yuk, who For the plaintiff, Mr. Caer Clark, are charged with highway robbery
RIOT SIGNALISES KING'S RETURN.
Students Wounded in “Gay" Madrid.
CHEERS AND SHOTS.
Madrid, Yesterday.
contended that the consents in
a partner in Messys. Clark & Ju, at Lady Clementi's. Ride on March writing to the facilities given, Regarding a further alternative gave evidence of value by which, in 20, appeared before Mr. W. Scho-
King Alfonso, which were required by the deed, claim of the plaintiff that the le opinion, the property was shown Geld in the Central Folles Court were in fact never granted. It power of sale granted by the to be worth $42,000. This property this morning on remand. Palace with the Queen and Royal
la house No. 6, Ko Shing Street, a Detectiva-Sergeant Meadows in Family, was his (His Lordship's) opinion mortgage deed had been wrong- that the facilities contemplated fully exercised by the bank, His locality which is especially sought formed the Magistrate that the number of medical students by the deed were not to be infer-Lordship said that in view of his The gross rental derived from the of hospital. He applied for a shots fired by the Police to quell after by certain. Chinese merchants, complainant, Chau Chuen, was out of the University was wounded by red from the course of business decision on the plaintiff's main conducted between Mr. Pittend contention, the matter did not property was $265 a month; the net week's formal remand as the ana riot, in which students burned benches, chairs, and pictures and righ and the Bank, but must be arise. But for the convenience of rental, after valuer's deduction were quiries were not completed
His Worship accordingly further dislocated the traße Reuter. established from the terms of the the parties he would consider it made, being $211 a month, document itselt. The bank has it had been admitted that no de It appears from the evidence that remanded accused.
PRINCE IN SANTOS. owing to certain personal arrange-
GREETED BY WHOLE OF BRITISH COLONY:
acted throughout in this matter mand for payment was made upon ments the tenants of the fret floor THEFT FROM FRENCH OFFICER. as though the credits which they the mortgagor, and that no notice remont were paying a rent which granted from time to time to Mr. of intention to sell the property was less than the average rental for Pittendrigh were secured within was given her. This exercise of the compass of the mort the power of sale would
such premises by $25 a month. For faith in
held oppre
pon the author the purpose of valuation, therefore, the annual-rental of these premises
pleinitifs withou
od Correct
Leung Shing, the coal coolle, was remanded by Mr. E. W. In the Kowloon Follse
Hagby, Yesterday," The Prince of Wales and Prince George & reached » Beatos to-day ip Pateamabip Alcantara. They were
oficiala and a huge and en tlers crowd, including: prac- the whole of the British ony British Wireless Service;
TARIFF INCREASES.
RICE, SUGAR AND COFFEE AFFECTED.
Sir James Crerar, amid Inter- ruptions, had previously declared that the law had been allowed to
take its course in the interests of India, while Sir George Hainy warned the Nationalists against ab- dicating their functions as legisla- tors. Thereupon the Nationalists dramatically walked out-Reuter. CHILEAN POLICY.
Resentment Felt.
Karachi,'Yesterday. New York, Yesterday. A procession carrying
& black
A message from Santiago de flag, and shouting Long Live Chile states that the Government Bhagat Singh, paraded the All- has announced increases in the India Congress camp. A deep tariff on a number of articles, in- feeling of resentment is obvious
WHEAT PRICES.
DROP REGISTERED ON CHICAGO MARKET.
RAPID DECLINE.
Chicago, Yesterday.
ed-Reuter.
STOREHOUSE FIRE.
MANAGER SAVES WIFE AND CHILD.
At 2.50 o'clock this morning, a fire broke out on the ground floor. of 41, Reclamation Street, which Is used As a storehouse by the June wheat broke at 12 cents Kam Tai Orm of bamboo and on the market to-day, closing 10 earthenware dealers of 176, Shang- cents down at 67 cents a bushel. hai Street.
July and September wheat finish- The manager of the firm, Pong ed at 21% and 1% cents. lower. Kong-shut, his wife and child, March, May and February show-were asleep at the time of the out- ed little change. Reuter's Ameri- break, but were awakened by the noise of crackling wooden structures. can Service.
Pong got his wife and child to safety, and then endeavoured to SAVE SOMO of the bamboo wares, but the flames, had taken a good hold on the premises, and he was forced to retreat.
MORE FOG.
To-day's weather report from the Royal Observatory states: The anti-cyclone is central over. S., Japan.
►
Another la forming over 8.E. Mongolia. Depressions lie over the Yangtaze Valley and over N. Indo-China. BRAND Forecast:--East or variable winds; moderate; generally cloudy; foggy.
Rainfall for 24 houra end- ed at 10, a.mail. Rainfall since January 1-4.08 Inches ́against an average" of 5.42
fnches deficit 1.89 inch.
Temperature.
The temperature at certain specified centres this morning. at 6 o'clock was Wan
Hong Kong
Macho
02-66 67
Pratas Inland
Manka'
Foochow
-Amoy:
Swatow
Chefoo
81 40
Shan
The Fire Brigade arrived, and the outbreak, which was confined to one house, was soon subdued. ROAD OBSTRUCTIONS
ANOTHER CONTRACTOR FINED. BY MAGISTRATE.
"It seems da if small fires have no effect on these people," declár- . ed Sergeant Goldsmith in the Cen tral Polic Court this morning, when he charged Chu Chak, a con- tractor, with having caused an ob struction with tilen In Johnston Road. Defendant pleaded guilty;
Sergt. Goldsmith said that he warned the defendant to have a pile of tiles removed from John- ston Road, opposite Tin Lok Lane, on Saturday. However, he visited the place at 6.30 p.m. yesterday, and found the obstruction till there. The Hon. Inspector-Gen- eral of Police and the P.W.D. bad; been complaining about the state of the roads at the Wanchal Re clamation: Serst, Goldamitha ex- plained that defendant could store the tiles in an enclosure <next to the ballding site, este de
His Worship imposed a fine: 10. $80.