Library, Supreme Court
SINO China Mail
When the boy gets 'ir-
ed pushing his wayen
along, he rests, while
she wagon rolls merri.
ly on its way ...
THAT'S FREE WHEELING!
HONG KONG & SHANGHAI HOTELS, LTD.
Incorporated in Hong Kong.
No. 27,791
HONG
TABLISHED
1845
KONG, FRIDAY, MAY 8, 1931.
TO-DAY'S
DOLLAR
-The
closing rate of the dollar on demand, to-day was 11d.
DeWile
PRICE $3.00 Per Month.
TENNIS
PLAYERS
Your preatest worry solved by DUNLOP RUBBER STRINGING
Impervious to Molature
No Preservatives Required
Retalts Resilience
Perfect Tension
Uniform Thicknens
No Joins
Stocked by all Sports Dealers. TRY IT AND BE SATISFIED."
The Dunlop Rubber Co., (China) Ltd. l'edder Building.
Telephone 24554.
BANK LOSES OVERDRAFT PRINCE TO ADDRESS FUTURE PRESIDENT HONG KONG FLYING LOCAL POLICEMEN
APPEAL
BUSINESS MEN.
OF FRANCE.
MUST
PROVE REVERSE ENTRIES
JUSTIFIED
To Speak on His South American Tour.
M. Briand's Chances for the Office.
VISIT TO FACTORIES.
DECISIVE DEBATE.
OVER $360,000 INVOLVED.
Rugby. Yesterday,
Paris, Yesterday.
CREDITS GIVEN THROUGH ERROR
SEQUEL TO
CLUB FINED.
CHARGED.
Penalty for "Being a Alleged Possession of
Nuisance."
25,000 Heroin Pills.
MOTOR CAR OFFENCE.
The Hong Kong Flying Club
ANALYST'S DELAY.
Joint charges of being in pos-
BRITISH EXPLORER
RESCUED.
Marooned on Ice Cap
for Five Months.
RETURNING TO BASE CAMP.
暑
London, Yesterday.
The anxiety concerning the
The Prince of Wales will next The question as to whether appeared as defendants in a sum-session of 25,000 heroin pills were week address business men at M. Briand will be a candidate for mons case at the Kowloon Police preferred against two Shantung date of the British explorer, Mr. meetings arranged by local Cham-the Presidency on May 13 large-Court to-day for three offences Police Constables who appeared Augustine Courtauld, who has bers of Commerce in Birmingham ly depends upon the issue of the failing to notify the Police of a before Mr. W. S. Schofield in the not been heard of since Novem- and Manchester. He will refer big two-day debate on the change of ownership of a car, Central Police Court this morn-ber, when he was marooned on a The Full Court, consisting of Sir J. H. Kemp. (Chief Justice) especially to his observations or Austro-German customa
Greenland ice cap, has been re- union failing to have the same caring.
For the prosecution, Mr. lieved by a report from Copen- and Mr. Justice Lindsell, this morning dismissed with costs an
his recent South American tour. plan, which opened in the Cham-equipped with a signalling device, At the week-end he will fly to the ber this afternoon.
and allowing an unlicensed driver P. P. J. Wodehouse, D.S.P., said hagen that he has been found appeal mude by the Equitable Eastern Banking Corporation (appel-Midlands, where he will stay with Recently there have been
alto drive the car on a public road, that it was at first thought that and will return to the British of attacks lant-defendants), against an order made in chambers by Mr. Justice Lord Ednam, who accompanied crescendo
on M.
Mr. H. C. Macnamara appear the pills were morphine, but on base camp. ed for the defendants and entered examination were found to be
Another Report. Angmaganlik, Yesterday. Mr. Courtauld is safe and is re-
Wood.
him to South America, and it is expected that he will make in- formal visits to several factories in the Birmingham and Wolver hampton districts.--British Wire- less Service.
The question before Their Lordships was one of onus, each party claiming that the burden lay upon the other. The facts were that plaintiff-respondent in this appeal, Mr. Choa Po-sien, had originally called for a statement of account, after asserting that his over- draft balance at the bank was only $139,000. The bank in reply, on those credits as well as in re- said that due to credits made in error, they were justified in revers-liance on the security. ing entries in their statement, showing an actual overdraft of If so, we have one element which
$500,000,
Master.
<<
DEPOSITS"
THE JUDGMENT.
RELIED
UPON
to
the ia Important in considering case, .., that the creditings, which are admitted, were drawn I am aware, of course, against. that the defendant has suggested that the account was really operat
draw
ARSTIDE BRIAND,
BANK RATE.
MOVE TO DISCOURAGE GOLD
STOCKS IMPORTATION.
HUGE ACCUMULATIONS,
a plea of "guilty" to all the of-heroin, and so he would ask for fences, but said that with refer- the charge to be amended accord- ence to the first two, the car in ingly.
Story of the Rescue.
Angmagsalik, Later.
question was a very old one and His Worship enquired of In-turning to the base camp with was only used for pulling "aero- spector, J. E. E. Broker if the Watkins. pinnes about and for general edd exact amount of heroin had been jobs on the Club's premises. De-ascertained, and he replied that finite instructions had been given the Government Analyst had that the car must not be taken only marked down 25,000 pills It is now established that a dog outside the Flying Club field, and but did not state the quantity of sledge party, led by Watkins, therefore the Club did not think heroin,
Courtauld. Captain
Analyst's Report.
Was
A remand of 24 hours granted. SCARE IN ICE HOUSE
STREET?
rescued
Early Cable.
The Swedish airman, Ahren- berg, who left here accompanied by Mr. Cozens, a member of the
Watkins expedition, had wire lessed reporting that he landed on the Greenland ice cap after three hours flying. He will con- tinue his search for Mr. Courtauld afoot as soon as wèa-
it necessary for it to be equipped A remand would give time for Ahrenberg, after three hours'
regula that purpose. according to standard
flight in searching the frozen tions. With regard to the third}'
waters for a sign of the missing offence, owing to the heavy rain-
explorer, spotted a hut and land- fall during the days prior to The Magistrale asked why fed as near to it as possible. Then ed for the use and benefit of the Briand in the Right Press, which April 15, when the offence took that had not been done before, he walked, but found the hut The Chief Justice, reviewing that event the onus would clear- former compradore of the defen-has been straining every nerve to place, the Club ground became and Inspector Booker replied empty. There were tracks of a the submissions by counsel, held ly have been on the plaintiff. dant. but that is denied and prevent his attaining the Elysee, waterlogged and was in a marshy that the Analyst only started to sledge, however, leading from the that the "deposits" in this case The plaintiff says that the ac- must assume here that it was an and the degree of his success in condition, and it was because of examine the pills at 5 p.m. yester-hut, which Ahrenberg followed, had in fact been relied upon by counts proper stop before the re- ordinary account.
the debate will determine his pre- this that the car was taken out day.
flying his aeroplane low till he both parties. He further held versal entries which, he says,'
sidential prospects.
on to the highway.
His Worship remarked that in sighted Watkins' party march- Communication. that a credit had been made, and the defendant had no right to
The discussion is based on an
A Nuisance.
previous cases he had been tolding to the base, accompanied by communication of the fact de-make, and show a debit of only ant in several of the cases is the
Another point which is import interpellation by M. Franklin Mr. Hamilton:"I propose to that the quantity of heroin could Courtauld. Ahrenberg dropped finitely given to the plaintiff. $139,000, with which he agrees.
Bouillon, declaring that M. fine the Flying Club for being a not be obtained to any exacti- food and flew back to the expedi- Accordingly, that credit had been He says accordingly that the question of whether the credit in Briand for the past five years has nuisance. Inspector Mason had a tude, but it was possible for the tion base with the good news. inferred, and drawn against. In onus is on the defendant question had been communicated heen repeatedly mistaken, thus lot of difficulty in tracing the car, Analyst to form an estimate of
No Details Given. the circumstances, he must find justify the reversal entries.
to the customer. If the plaintiff gravely compromising France, owing to it not being registered the amount. that the onus was on the defen- I agree with the defendant
did make or authorise the deposits, and it is necessary immediately I will caution them on the first Inspector Booker replied that
Stockholm, Yesterday. dant bank.
that he properly included the and indeed, inrge deposits do not Reuter.
he would, of course, know of them to modify his foreign policy-two offences, and I will impose u in the event of the Analist not Apart from the fact that it was The findings of facts in the pre-seven reversal items in the ac appear in a customer's ordinary
fine of $25 for not notifying the being able to state an estimate of Captain Ahrenberg who sent a sent judgment were provisioned, counts filed, because what he had account without his knowing about
authorities of the change of the quantity of heroin then the wireless from his aeroplane giv- and would not affect the consider- to supply was an account show them. The fact that the defendant
ownership.
charge would have to be changed. ing the news of Courtauld's ntion of facts when they came up ing what was
His Worship replied that that safety, there are no details to due, and on his for hearing.
did not question. the deposits, but view of the case the larger sum allowed the plaintiff to
was so, and added that the show how he was found. LAND UTILISATION The appellant was represented was due. I do not agree with
charges may have to be with- drawn altogether. by Mr. H. G. Sheldon, instructed him that he might properly have against them, would amount to the by Messrs. Hastings, Dennys and omitted the seven credit entries,tion that the credit entries had equivalent of actual communica-
BILL AMENDED. Rowley, while the respondent and so the reversal entries also. been made. It will be noted that was represented by Mr. Eldon because I think that such ne- there was no reversal Potter, K.C., together with Mr.counts should show, with reason-tomber 30.
until Sep-
House of Lords Vote F. C. Jenkin, instructed by able fullness. how the result is Messrs. Johnson, Stokes and arrived at, and the omission of facie evidence of communication There is also definite primo
Against Measure.
the seven credit entries would
in the plaintiff's affidavit which
REJECTION ADOPTED. have been misleading. In any was filed during the hearing of the ase I think that the onus can be appeal. This affidavit was object-
New York, Yesterday.
Rugby, Yesterday. The Federal Reserve Bank's affected by admissions in the ed to, but we held that it was ad-production of its rediscount rate The Chief Justice, giving judg account, just as by admissions in missible without any leave.
When the Agricultural Land which was con- ment, said: This is an appeal pleadings. I speak of seven en-held this
from two to one and a half per Utilisation Bill, from an order by Acting Chief tries. There were eight, but the section 610 of the Code and on thewas partly to discourage the was considered on the report stage on the construction cent the lowest figure on record siderably amended in Committee, Justice Wood settling an issue eighth is negligible and was only authority of Norton y. Compton, importation of gold stocks of in the House of Lords this even- which arose on the accounts filed for interest.
(1884) 27 C.D.392, and Spencer vwhich at the end of April-there ing. Lord Farmoor said that the Ancoats Vale Rubber Company was the unprecedented total of Government must give an uncom (1888) 58 LT. 363.
$4,721,000,000.-Reuter's Ameri-promising negative to Lord Hal- Credit Given, Banker Pays.
can Service.
Things are quieter than usual sham's request that the House of Commons should be advised to in Ice House Street to-day, and a waive their privileges regarding China Mail reporter learned from certain
that amendments which the a usually reliable source Lords had made to the Bill, · this is due to nervousness over After debata Lord Harisham certain happenings of the past thereupon moved the rejection of couple of days or 80. part one of the measure, which It is whispered that two "spe- deals with the power of the Minis-culators," not necessarlily ter to acquire land for purposes of brokers, who were constantly to The convocation of a world- reconditioning. The Lords accept be found in Ice House Street, are wide economic conference only ed his amendment by 82 to 31 absent from their usual haunts, means dissipating the economic votes, a majority against the Gov-and certain people have good crisis, suggested Mr. J. H. ernment of 51.-British Wireless cause to regret their absence, Thomas in a speech at Leeds. Service.
and the fact that all attempts to He challenged any student of find them have so far failed.
affairs to name any country One of these absentees, it is offering a better hope of con- further whispered, is al-fidence than Britain, where there leged to have- given cheque which has been returned than in the boom period of 1918. more employment to-day by the bank marked "refer to Nevertheless, world-wide re- drawer."
The natural result of habilitation was impossible while this is nervousness, and every- the prices of primary products body is now doing business on one
were unstabilised, term. only, and that is against
He said that America was bank notes only!
"going through hell," and finding Prior to this scare, our inform-it uncomfortable to have bulging
by the defendant in pursuance of the normal order, in the action.
Contending Principles. Upon this two contending prin-
We
that the
FINANCE BILL.
FIRST READING PASSED BY COMMONS.
A V
LAND TAX INCLUDED.
There seems to be a curious ciples arise. The defendant says absence of authority directly that the principle applicable is bearing on the question of the
I have carefully considered all principles to be followed in decid- the general rule that the person ing which side is to bear the onus seeking to surcharge or falsify the cases cited, and I think that In the issue. Probably the ordin-must bear the onus. The plain- the result of them, expressed in tiff says that, on the principles terms of onus, may for the pur- ary rule that the onus lies on laid down in the cases cited, the nose of this case be stated thus. the party who substantially as- Berts the affirmative is sufficient seven credit entries have, in the When a banker credits a custom- guide in the great majority of accompanying circumstances of er with an amount, and that credit- cases. If one could imagine that this case, the effect of throwing ing is communicated to the cus- no accounts had been filed in the the onus on the defendant bank. tomer, or credit is effectively given. present case I think that the It is, therefore, necessary to so that the creditor may infer the crediting, the onus is on the bank- onus would be on the plaintiff, be consider the cases.
Before doing so, I should say iter to show if he can couse it seems to me, on the pro-
to be a fair amount was wrongly credited. In
London, Yesterday. sent state of the evidence as it appears to me
The House of Commons pasa- is before the Full Court on this prima fucie inference from the some cases, of course, the banker appeal, that, apart from those accounts that both parties' acted may not be able to recover even accounts, the issue really would in reliance on the seven credits,If he proves that the crediting was fed the first reading of the Finance be, were the deposits made, i.e., On May 81 and June 2, 1980, wrong (per Abbott C.J., in Skyring Bill to-day, embodying the Land was cash or its equivalent ac-deposits" amounting to $170,000 Greenwood (1826 4B & C, at Tax and the Budget. Reuter. tually paid in by or on behalf of were credited, and on June 4288), and in others, though he suc- the plaintiff, or by some other ""cheques" to the amount of eceda in reversing the entry he person for his credit. In this $160,000 were debited. On June may be liable in damages (Holland issue the onus would surely be 80 and July 2, $96,000 was credit- Manchester and Liverpool Dis- trict Banking Company, - Ltd., ed, and on July 8 and 4 $96,000 on the plaintiff.
I think, however, that we must was debited. On July 8 $11,000 (1909) 25 T.L.R. 386), but in all
on him. take into consideration the ac- was debited. The inference with such cases the onus appears to he regard to the remaining counts duly filed and sworn to on
Decision for Plaintiff, of $90,000 on July behalf of the defendant in the credit
I do not propose to discuss the normal course of this action for 80 is, perhaps, weaker because an account, and that the onus in while $57,000 was debited on July cases in detail, In this Judge Valley.
but
decid- the issue may be affected by the 80 and $1, $85,000 had been debit-ment,
against: the defendant, contents of those accounts. I say ed on July 29, but I think that ing this although I express no opin- the general prima facie Inference I should like to add the following remarks. In the first place, I find ion at this stage as to whether to justified.
дв
KM
In this case (1) that credit was the accounts will be evidence in Must Judge by Accounts. the issue without further proof. I am aware that the defendant effectively given, and (2) that there was actual communication. Both draft issues assume the ac held security, and it may be that In the second place, the actual de accounts over a longer periodelions in cases on section 82 of counts as a starting point. Maha Divergent Views,
would show heavy, debits without The parties take different corresponding credits, but I can the Bills of Exchange Act, 1882, views of those accounts. The only judge by the accounts which are, act in point because the ques- defendant says that the accounts we have before us. In fact, the tion there is whether payment was received for a customer. In the properly include seven reversal above general inference of a rur third place, I agree that some of entrier and show a sum of respondence between credits and $500,000 as due, and that it is for debita is supported by certain en the dicto quoted are much too gen
eral unless they are read in the the plaintiff to surcharge and disputed Itema in this very ac light of the facts: See, for example falsify, and that, therefore, the count. In other words, It sectas "Capital and Counties Bank v onus is on him. He further says to me a fair prima facie inference Gordoa" (1903) A.C. at 249, pa ex- that all reference to the seven that the plaintiff drew on his ac plats in Davan v. National creditptries, which were count in reliance on the "deposits", wrongly ade, might properly credited and that the defendant Bank" (1906) 28 T.L.R. at 48. (Continuad on Page 9.),
have
omitted, and that in honoured those cheques in reliance'
OVERCAST.
To-day's weather report from the Royal Observatory states:-
A moderate anti-cyclone 18 central over the Lower Yang-
Local: forecast:-N.E, winds; fresh to moderate; generally overcast.
Rainfall Rainfall for 24 hours end- ed at 10 a.m. to-day-nil.. Rainfall since January 1- 14.87 Inches against an aver-
age of 18.67 inches surplus 1.20 inches.
Temperature.
The temperature at certain specified centres this morning zat 6 o'clock Was:—
Hong Kong
Macao
Pratas Island
Manilay
Foochow
Chefoo"..
Shanghai
70,
· 68
74.
-79:
CHINESE "OLIVER.
FORCED TO LEAD A LIFE
OF CRIME.
Business Against Bank Notes Only.
A FIT OF NERVOUSNESS!
ther permits. Reuter.
حبيب
IS AMERICA “GOING
THROUGH HELL?”
Bulging With Gold, Says Mr. J. H. Thomas.
A was
:
.UNSTABILISED PRICES.
London, Yesterday.
LARCENY CHARGE.
Wong Puk and Shu Lam, two Chinese boys were this morning charged with breaking Into and entering the third floor of a store ant told our reporter, brisk husi-gold coffers. Reuter.
cesa, on paper, extending as far
at 249. Lalchikok. Road at 2 pm forward as July, had been done
and stealing four sacks. To gain in "Brokers Alley," particularly REBELS SURRENDER Admittance they had to break the since May 1.
lock off the door.
Sergeant Baker said that the first defendant was an orphan and find been sent down to the Colony from the country after the death of his parents. He had no fixed abode. The second boy had a mother, who went out to work, and the neigh- bours alleged that the boy was sent out each day, and, if he falled to bring home, a certain amount, of money each night he was flogged and given no good.
CANADA'S NAVY.
DESTROYERS TO CARRY OUT POWER TRIALS.
"Rugby, Yesterday..
| END · TO:RISING IN PORTUGUESE GUINEA.
PEVOLT QUELLED.
*
Lisbon, Yesterday. The insurgents in Portuguese Guinea have surrendered, accord- ing to a message from the Portu- guese Consul at Dakar-Reuter.
The Canadian: destroyer [A message of May 6 stated:---. When questioned by the Police Saguenay leaves Woolston to It is learned that Portuguese of fer- yesterday, the woman denied all morrow to carry out her power Guinea 1s still in a state knowledge of the boy, but later ad trials and the sister ship, Ekeen, ment, and that a Government ox- mitted that he was her son
follows shortly,
"pedition to that place is now conf
Mr. Hamilton admonished both The Saguenay is expected to be templated, although the rebela'are the defendants, and asked if some commissioned at Portsmouth on reported to have ded "on learning? arrangement could not be made May 27 and the Skeena on June of the defeat of the Madeira in- with regard to the orphan:
11-British Wireless Service. surgents.]