Page
SUPREME COURT.
Monday, June 8th,
IN SUMMARY JURISDICTION.
BEFORE MR. F. A. HAZELAND (PUISNE JUDGE).
CLAIM ON PROMISSORY NOTE.
The Holland China Trading Company v. Chin Tin Cho, a broker, of 205, Queen's Road. Plaintiffs claimed from the defendant the sum of 8973.56 as endorser of a promissory note for the sum of B01 sterling, dated 13th November and payable on the 11th January, 1914, aud
signed by the defendant o at the agreed rate of exchange of 1/11 1-26, which had
been dishonoured.
AN ALLEGED CONSPIRACY TO DEFRAUD THE HONGKONG AND SHANGHAI BANK
TWO PORTUGUESE CLERKS CHARGED.
At the Magistracy yesterday, before Mr. J. R. Wood, Antonio Filomeno Remedios, aged 2
28, a clerk in MessiA. Jardine, Matheson & Co.'s office, and Reginald Oliviers Gutierrez, a clerk in the Hongkong and Shanghai Bank, were charged with conspiring to defraud the Hongkong and Shanghat Bank of divers large sume of money on the 4th May, and divers dates before and after
Mr. D. Lewis (of Mosers. Johnson, Stokes & Master) prosecuted, Inspector Terrett represented the police, and Mr.
J. H. Gardiner appeared for the second defendant: (Gutierrez).
At the outset Mr. Faitafull called men would join the defendants later on attention to the fact that Mr. Dixon had He did not propose going on that day, and asked for a formal remand for a week
stated that he was suing the endorser whereas the writ stated that he was suing the endorace. There was a good deal of His Worship read the charges over to difference between the two. Was it the defendants, who both pleaded not endorse or endorser 7
guilty,
THE HONGKONG DAILY PRESS, TUESDAY, JUNE 9TH, 1914
HOME AND CHINA AFFAIRS.
{FROM QUE OWN CORRESPONDENT.]
LONDON, May 13th AUSTRO-HUNGARY AND ITALY. A Vienna correspondent writes that ere long some of the results of the conferences between the Austro-Hung arian and the Italian Foreign Ministers will be made known. They will show that an agreement has been arrived at for the regulation of naval shipbuilding on the part of the two countries, chiefly with regard to Mediterranean purposes, leaving Germany, as the third partner in the Triple Alliance, a perfectly free hand to build according to her own international requirements. The scheme
Mr. Dixon (of Messrs. Wilkinson &
is likely to provoke some comment when Grist) was for the plaintiff Company, and Mr. Lewis said he appeared to prosecute ado public, but it is said that the MR. C. Faithfull represented defonon behalf of the Crown Other charges approval of Berlin is assured. In writ dant:
would be added, and he thought othering of the Mediterranean I may add that designs for the future as regards Greece, it is clear that Turkey has bellicose though they are not likely to mature for some time. The Rechidich (the Brazilian be ready before September, but it is Dreadnought bought by Turkey) will not reported that Turkey means to have still another Dreadnought before she begins reprisals against Greece. While negotia- tions were in progress as to the posses sion of islands in the Aegean, the Turkish the Greek representative: Of course, Grand Vizier is reported to have said to for the present you are profiting by the in the Aegean during the war. However, naval hegemony you were able to exert
Mr. Dixon said that obviously he was
suing the endorser If the word endorsee Appeared in the writ that was tuerely a olerical error.
Mr Faithfull knew the facts and was well aware who they were Buing.
His Worship asked Mr. Lewis to make some statement of the facts, but the prostouting solicitor said he would rather not, as it would be disclosing his case.
RISK OF CAPTURE IN WAR
KÁCIASOFF 2. CHINA TRADERS INSURANCE
COMPANY
THE INCOME TAX IN GREAT BRITAIN,
EFFECT OF THE NEW SCHEME
Judgment was delivered in the Court of Appeal on the 15th ult in an appeal against a deession of Mr. Justice Fick- ford on a policy of marine insurance,
The London Daily Mirror sets out the reported in 29 The Times Law Reports, effects of the new income tax scheme as |
was
WHAT YOUR INCOME TAX WILL COST. The following table shows the amounts
incomes"
Amount to be Paid
NO 1-100 376
206
0 0 0
Rate of Ordinary Tax:
200
Nit
200
200
900
350 300 450 *500
600
18 0 0
700 800. 200
29 120
1,000 1,500
90 0 0 03:16 0 37.10 0 65 12 81
10 17 6 "132 €
Mr. Maurice Hill, K.C., and Mr. F. D. MacKinnon appeared for the appellant; Leck, K.O., for the respondents payable under the new scheme on earned and Mr. Leslia Scott, KC, and Mr. The plaintifs were merchants carrying on business in Russia, and they effected against total loss on a cargo from Sun Incoms. a policy of insurance with the defendants Francisco Nagasaki to Vladivostok, The policy effected in Decomber, 1903, plaintifs plans had seranged for three ship against the war risk only. The
made, but the vessels were captured by Japanese War, declared on February 8th, the Japanese Flect during the Russo- 2004. The vessel which was to have carried the cargo in question was to have left San Francisco for Vladivostok on
Japanca Fleet was blockading Vladivostok about to leave it became known that the February 26th, 1904 When she was
and was stopping and capturing vessels, they would do if the plaintiffs discharged and the underwriters were asked what
abandonment. In reply they said that if the cargo at bace and gave notice of
position that the plaintiffs had de the ship sailed they would take up the liberately caused the loss, and refused to give any instructions. Ultimately the 5,000 loss, and notice of abandonment was 100,000 Cargo was discharged and sold at a 10,000 given, and the plaintiffs claimed as for
there had not been suck a loss, and gave constructive total loss caused by
judgment for the defendants, with costs. capture Mr. Justice Pickford held that
The plaintiffs
The police were after others who were not in the Colony. He added that the Mr. Faithfull replied that he knew Captain-Superintendent of Police (Hon. nothing beyond the fact that he had made Mr. Mcl. Messer) himself made enquiries out his case on the endorsee, and not the into the case, and arrested one of the enn pledge my word that in the near fudgment, said that the action arose out
endorser.
money on this letter of credit.
defendants at the Bank. They were Mr. Dixon subsequently asked leave to charged with conspiring to obtain money amend the writ, and this was allowed.from the Hongkong Bank by means of a He also explained that he sued defendant forged letter of credit, which would be as endorser of a promissory note for the operated through Guiterrez, who was a sum of £91. He would call the European clerk in the Bank, and he would get assistant in the plaintiff firin, who would prove the note, and also the shroff and In answer to the Magistrate, Mr. Lewis his assistant, who would produce the note said there were many documents in the which they had frequently presented for case, but they had not been brought down. payment to the defondunt and to the
the The letter of credit had not yet been Li Hing firm, of which he said he was a forged, but there was a forged cheque partner. Defendant had failed to pay last, which would in itself form the for $17,000, which was cashed on Tuesday
ubject of an actual charge.
the amount.
Mr. T. Horbacz, manager of the Sundries Department of the plaintiff firm, recognised the promissory note
to my instructions
Defendant Remedios May I look at the choque, your Worship?
His Worship---That is a distinct matter Mr. Lewis-Yes, in which these came (produced) which, he said, was presenteden, I understand, are involved. Several for payment to the defendant on due day, other charges will be preferred according but which had not been paid. que des Replying to Mr. Faithfull, witness said it was not the practice in the trade to state to a client when asking for payinent that he was the endoreer. They did not go into any legal matters because they were not lawyers. He had sean many bills of exchange, and whether they were signed on the back or the front did not really matter. The chief thing was to get the signature.
The Magistrato-No, not yet, Evidence of arrest was given by Bergt. Clark and Inspector Terrett, both mon being taken into custody on Thursday. would be ready to go on with the case, His Worship asked Mr. Lewis when he and the solicitor replied that he could not
say
afoot.
There were extensive enquiries
future the situation will be reversed."" There are strong. measures threatened against altogether the outlook is one to make the the Greeks in Smycua, sad
dave of peace fly to more placid climes,
DUKE AS AUCTIONEER"
The appealed JUDGMENT The Lord Chief Justices in giving
2.000 2,000 3,000 4,000
8,000 5,000
100 00 145 16 8 +215 00 †30500 +4100 0
+52200
+77900 †1,010,00
and £600 it is £120, between £601 and 4700 "On incomes Lutween £401 and C5C the
it is 470; on 8800 and over nit, abatement amounts to £150; between £501
These amounts, worked out to the nearest pound; are inclusive of superstas.
**_*__*___ 158. CHILDREN,
ra
THE SUPER TAX,
exempt at the following rates:- £5,000 to £3,000, the first £2,500 being The super-tax is to be lowered from
od. on the 500 difference bet £2,000
d. on t
and £3,000
INTIMATIONS
ECZEMA IN ITS VERY WORST FORM
One Mass of Horrible Running Sores. Life a Perfect Misery, Used Cu- ticura Remedies. Not a Sign of the Trouble Since,
60, Ringne Ave, Munster B, Fultam, London, S. W. EbgMy daughter has been a great sufferer from oczenie, 10, 1 should think, its very wort form over since she wan Babout three years old; and
xha is
now fourteen, and a
i
half years of age. Is first. started as a small bell on ker arm whica sprond and becrano uno may of hornble running sorms, the need to have it on her bands, 8-70s. and feet and has often bean tald up and aboons from school for wooles at a time, quito helpless, with every finger on both bands tied up. Hor life at these umes was a perfect misery, and the fritstion of the affected parta was sozzible. She could not got boy sheep on account of t thi
"I thou saw the Cuturs advertisement
By
Ia free sample and I sent for it. Well, the sample tin of Cuticura. Dinterent sound. to do her good sad to allay the unfagy so I go a
targe
tin, also a cake of Outi
1
curo, Soup, and a bottle of Cuticura, Pilla and her bands got better quicker than clay
hat over done before, and she has not ad the slightest sign of St. 2000-
of it ránce." (Signed)." Ars. 1. Dokler, fa“, 22, 101-
Cuteurs Soap and Custers Ostment are sold throughout the world: A sample of each: with 32.p. Bich Book free from neuront de pot: F. Newbury & Sons, 27, Charterhouse Sq London Pottor Drug & Chun. Corp, Bostan, U. 8. Azie
Tendor-faced man should shave with Cutleura Soap Hloving Stick. Bampie from.
& CO.,
ANDTM
[06.19
JEWELLERS.
of a policy of insurance against capture on a large consignment of pressed beef
For incomes under £800 Mr. Lloyd whether the loss was caused by, the peril 7, 8d. for each child under sixteen. He from San Francisco to Vladivostok, and Georgo provides fresh relist. In the that the question they had to answer was Budget of 1900 he allowed a deduction of insured against, in other words, what now doubles that deduction. For Things are moving along when a real wat admitted by Mr. Hill that mere Star. But if he has two children he gets
was the proximate cause of the loss, instance, a man with an incoms of £200 CHS. J. GAUPP (His Lordship then stated the facts) It a year pays 30s. income tax," says the. Duke takes to the auction rostrum and apprehension of capture would not be relief of 30s, so that he will pay wields the hammer in the sale of har land sufficient to justify the action of the nothing. In the case of a man with £300 This is what the Duke of Marlborough but he would assume that it was reason income-tex is £5 5s.; but he will in futare appellants in not dispatching the ship, a year and four children, his present did the other day in regard to his ably certain that the cargo would be receive a low are then that is WATCHMAKERS Oxfordshire property All withcsacs 801zed if the ship sailed, and that there income-tax will be reduced to £2 53. This self as to the manner born. He left the port. agree, moreover, that he acquitted him sion of such a seizure. The vessel never under £600 will be a great boon to a great was not merely a reasonable apprehen- allowance of 151 per child to incomes. It was obvious that the number of people in the lower middle explained at the outset that he did the underwriters took the attitude that as class. It is one of the most democratic selling himself because he wanted his declined to take any responsibility for things in the Broad Back Budget.""
the ship was sure to be captured they tonants to secure the land, if they wanted her sailing He thought it very unfor- it, without unreasonable costs, and then tunate that they should have taken the he set so work to dispose of each lot admitted that the object of their action course that they did, and it seemed to be in turn with a running fire of easy was to prevent this cargo from being comment worthy of the most expert sent. Speaking for himself, had he tried member of the Auctioneers Institute clusion that as their action had con- the case he would have come to the con- Madame," he would say to a lady attributed so much to this litigation he the back of the room, the bidding is would not bave given the defondants Ltd. against you. There is no need to hide their coats. The plaintiffs, being in a 1/1 behind that tall gentlenian Shall I say abandonment, which the defendants re- 1/4 on all the rest of income above: £9,000
very awkward position, gave notice of 1/3
live long to enjoy the property. Both chip never having met out on her voyaged two thousand? Thank you. May you used to accept The question was the before and after the sale the crowd gave against-namely, capture? In his opinion Was the loss caused by the perii insured "three cheers for the Duke and for the question bad only to be stated to be once at least a great landowner got to answered in the negative. He enter❘ close quarters with his tenants.
tained no doubt about it. The discharge of the cargo provented the peril from operating. It would havo been different
take different views as to the time if the vessel had sailed and had been approached and threatened by a Japanese ship. No doubt different Judges would
but there must be a beginning before the
FALSE WIRELESS MESSAGER.
7d on the next £1,000 to
to
to
A man with 48,001 will pay A £3,500 man will pay A £4,000 man will pay A £5,000 man will pay A £6,000 man will pay A £7,000 man will pay A £8,000 man will pay A £9,000 men will pay A £10,000 man will pay
And the super-man with a super- income of £100,000 a year will
The compradore to the Company said The question of bail arising, Mr. Lewis that the promissory note was signed by said his instructions were to ask for a sum the defendant in his presence. Defendant not less than $20,000 each. His instrue told him that he was a partner in the tions were that the defendants had nearly Li Hing firm and that it would be all that amount in their hands last Tuesday case of the Pacific Mail liner Siberia. which a particular peril began to operate, PBY ..................... right, and that the money would be paid on due day. When the amount became due witness went to the defendant and also to the firm, but he could not get the
to the
money
In reply to Mr. Faithfull, this witness
Mr. Gardiner They had it in their hands-I daresay they had more but they didn't take it away.
Mr. Lewis My instructions are that they had nearly $20,000 between them, and there are other cheques forged.
messages gaining currency, as in the The shipping papers are demanding steps to be taken to prevent false wireless
The journal Fairplay says The case of the Pacific Mail liner Siberia cer tainly calla for stringent investigation. On Friday last news was received that the steamer was ashore off Formosa, and H.M. cruiser Yarmouth was despatched
SURVEYING AND NAUTICAL
INSTRUMENTS.
£4,000
£5,000
£6,000.
£7,000 £8,000
ZEISS PRISM BINOCULARS.
SUN GLASSES.
1.7
2,4
SILVERAND PRINCE'S PLATE.
9.7
4.9
6.1
7.2.
8.2
8.9
16.3
This super-man will pay altogether for income tax and super-tax at the rate of 28. 74d in the pound.
said that if he had not secured the Remedios asked to be allowed to see a from Hongkong to render assistance. It discharged at a loss. The plaintiffs were year, and for the lower super-tax on the
signature of defendant, he himself would have had to pay the money
The assistant compradore and also the
shroff gave similar evidence..
Judge exercised his judgment upon it.
Reliance was placed in the main on The Knight of St. Michael (14 The Times Law Reports, 181; [1898] P. 30), in which
CACTUAL TAX PAYABLE, vessel had to put back owing to the heat says the Star, and allowing for the "Putting tax and super-tax together," the peril insured against was fire. ... The ing of the coal, and the cargo had to be exemptions on incomes up to £700 a solicitor, and the Magistrate said that the
held entitled to recover under the policy. first £9,000 of any income, the amount was understood also that the owners had But there a state of things had begun to payable on different incomes would be:- police would arraugo for that.
arranged for a salvage steamer to be exist which if continued made it reason- Mr. Gardiner As far as my client is sent. The information was understood ably certain that fire would break out. Defendant, replying to his solicitor, said concerned, $20,000 would be absolutely to have been received by wireless In Weldman (3 B. and Ald. 398), but the
Income: Another case referred to was Butler v he signed the note because the torians prohibitive:
Japan. As the vessel and her cargo were decision was really one against the peril chops of the Li Hing firm were not com
His Worship (to Mr. Lewis)-When do valued at something like £400,000, under- of jettison, although the Court was of plate chops. He was not aware, when he you expect the charges to be formulated ? | writers were Daturally uneasy, and opinion that the loss could have been sigued, that he was making himself liable Mr. Lewis-There will be extradition reinsurances were effected at sb guineasure. In that case the goods were thrown recovered in respect of the peril of cap for the payment of the money.
proceedings in connection with this case.. the rate rapidly advancing to fifty overboard just before the capture to
Mr. Gardiner Oh that means we are
guinas per cent. on Friday afternoon, prevent them from falling into the going to be held up indefinitely. ⠀⠀⠀⠀⠀⠀
On the following morning there was a
enemy's hands, Hadkinson v. Robinson (8 Bos and P., 388) decided that the Mr. Lewis-We are going to try and reassuring message from the captain, and doctrine of constructive total loss was extradite other men to be joined with few hours later o cable from Manila only applicable to cases in which it could these defendants at least one other tano, Bunounced her safe arrival there Now be proved that the loss was caused by this is the fourth case within a few qucation was-Was the loss caused by one of the perils inmured against. The whose whereabouts we
reported by wireless last October the Certainly not, for the vessel never was news has been risk of capture and the answer was
sing risk of capture, because she deter reported to be sinking fast off Cape these circumstances the appeal must be
Coset liner Spokane was
mined never to undergo the risk. In Lazo, and that her passengers had left dismissed p
Mr. Faithfull said that he had never heard of a note being endorsed on the front of the note. He held that the endorsement abould have been on the back Bo also explained that the plain- tiffs had previously brought s
CASE into Car in manpotion with the defendant. They them summoned him on several pro- missory notes and were non-auited. At
the time defendant signed the note, and his signature was admitted, he was an employee of the plaintiff rm
Krm as broker, and his Lordship was asked to believe that an employes was allowed to sign as endorser, making himself liable to his
Company for the amount, Such a pro any far, be thought, untenable.
position
WEB Plaintiffs were now grasping at the fast straw, but the way they had now brought defendant into Court and endeavoured to get the money was absolutely ultra
His Worship-You have practically given me no facts.
Mr Lewis-No, I do not wish to show my hands at the moment. My instruc
months where Ialso
Pacific
Justice Lush gars concarring judgments
tions are that these men have drawn large lifeboats. A short time later the Lord Justin Phillimore and Mr. sums of money by means of forged docu mente, and in these circumstances I would
vessel arrived in Seattle in the ordinary ask you to fix a very high bau.
were
way, and reported that there had boen
for the same reasons.
Mr Lock said that if matters had been gous into more fully it would have appeared that the action of the under- observations made upon writers would not have been open to the
it, t
SEIZURE OF COCAINE,
Representatives
MAPPIN & WEBB. LTD...
LONDON
ALEXANDRA
BUILDINGS,
CEATER FOAD
135
CALDBECK,
MACGREGOR&C-
(ESTABLISHED 1864).
Rate in the £
Ponce
160
0
180
200
1.8
300
4.2
400
0.4
500
6,3
600
7.0
700
8.1
701
1,000 $1,001 1,500
108
1501
2,000
2,001
2,500
32,501 2,099
Here the 3,000
er-tax begin
16.83
SOLE AGENTS FOR
$3,500
4,000
18:4
5,000
19.7
6,000
20.9
BL WHISKIES
7,000
721
8,000 9,000
29.2
(GOLD AND WHITE LABELS).
10,000 100,000
24.9
31.8
IN THE TROPICS 17 18
Income tax
Super-tax
100,000 by Is. id.
2,500 free.
500 by d. 1,000 by
(0,660 13 4
108 4 :29 314
ESSENTIAL TO DRINK & SOUND
WHISKY THE PURITY OF BL
IS GUARANTEED AND THE HIGH
QUALITY AND FINE FLAVOUR
1,000 by
1,000 by 114. 1000 by 14. 10. 1,000 by Lá 3d, 02,000 by Is 40
Total Tax
10,0 168
TAX ON £100,000,
Mr. Lewis said he could outline oas Cothing unusual during the voyage cheque he bed produced. That cheque when the steamer Zorcaster was reported case, with regard to the forged There was the case, a week or two ago,
was abstracted from a cheque book, behe unfounded, and, last of all, the in distress off Grazo, which turned out to
kept in that person's room, to which the the Hansa line was reported to have sent longing to another person, which was denfels affair. This fine steamer of first defendant had access, Not only one of the wireless stations could get Mr. J. R. Wood, Revenue Officer J. C. of £100,000 a year is £13,039 118. ad
out S.CB. signals which had ceased, and
At the Magistracy yesterday, before The actual tax payable on an income Mr. Dixon quote law on the question forged upon it, but there was the cent, was paid on her reinsurance at ounces of cocaine.
the signatures of various arms in touch with her. Up to 50 guineas por Wilden applied for the forfeiture of 570
Thus of endorsement and negotiation, and his signature forged tipon it of a bank Lloyd's, but on the following morning af evidence it appeared that the cocaine From the officer s Lordship Intimated that he would reserve official, with whose signature Gutierrez message was revived from Ushant that his judgment,
was extremely familiar. Several other the denfele had picked up the crew was seized on Friday night off the things also happened in connection with of the Danish steamer. Ekliptiko, which Prays West on cargo boat 889B which that cheque which pointed to the person
had foundered, and was proceeding who did it.
to her voyage as usual. There is no doubt
had taken delivery from a godown. The A weekly express train now runs from Defendant Remedio-I just heard this that the introduction of wireless tele- cocaine was concealed in cases purport- Moscow to Vladivostok without change of gentleman (indicating Mr. Lewis) say we pay is of enormous benefit to the ing to contain Dutch cheese. Marked in carriages. The train reaches Vladivostock had cheques cashed and some money, be done to provon the dispatch of in-large black lettering on the boxes were
mercantile marine, but something should on Saturdays, connecting with steamers With that I don't agree
accurate reports, which may be sent from the words Stow away from the boiler. to Tsugaru and thence by rail to Tokyo His Worship remanded the case for a lack of skill I can hardly credit the Three men were on (altogether 15 hours), making the trip week and fixed hall provisionally at idea that such messages are despatched all absconded. The application was men were on board, and they had from Moscow to Tokyo in 11 days.
wilfully, except in cases of pure malic
MOSCOW TO TOKYO IN 11 DAYS
get
$20,000 each sh
מס
granted,
6,133 6 8
£13,099 118
SPEAK FOR THEMSELVES.
SEND FOR A FREE SAMPLE.
e