THE HONGKONG DAILY PRESS, SATURDAY
THORNYCROFT
JOHN L THORNTOROFT » CO., LIMITED.
BIFEUILDERS AND ENGINES,
LOEDON, SOUTHAMPTON AND BASINGSTOKE,
Shanghai
Office: 10, kiükiang Road.
15 B.H.P. 30 B.H.P. 50 B.H.P. Engines
in Stock
For quotation apply-
SHANGHAI OFFICE.
ALEXANDRA BUILDING
DES VOEUX ROAD ·
"
(Directly opposite Wiseman's Cafe)
OFTAINABLE
FROM
LANE
CRAWFORD
& CO
HONGKONG
CIGAR
STORE
will be the address on and after January 1st 1922
MACKINTOSH
& CO. LTD.
MEN'S WEAR SPECIALISTS
16. DES YEUX ROAD.
PICCADILD
CIRCUS
VIRGINIA CIGARETTES
ADE
ALEXANDER BOGUSLAVSKYĽ”
55 PICCADILLY W
"ALSO
TURFS"
AND
VIRGINIA DE
SWAN
Telephone 28.
LUXE
THE BANKRUPTOY ́OF MR. BANQUE IN
C. HUMPHREYS. CLAIM BY WAYFOONG AT SHANGHAI UPHELD.
in
Judgment was given in HM Supreme Court at Shanghai last week in the ap Pall by the Bank of China against ruling by his Honour Judge. the matter of the Cecil Humphreys Carpet factory. Both the Hongkong and Shang bai Bank and the Bank of China claim the: Assistant Fudge decided in favour of the property as security for loans, and the first named bank
THE BANKS, DISPUTE.
DECAMBEE
CHINE.
In the Supreme Cáil December 19th before Mr. Lennard af Mundell read
DE THE NEW PRIME MINISTER THE SMALL-POX EPIDEMIC
OF CHINA.
apore on THE RIGHT MAN FOR THE POST..
Tott
AT SHANGHAI, HEALTH OFFICER'S REPORT.
THE VALUE OF VACCINATION.
The Health Officer of Shanghai in his
wing The Peking Daily News (a Chinese wire which was received by the manager newspaper) writes of the Prime Minister of the local branch of the Banque In-Inselecting e. Laang Shib i to
Small-pox, a few cases of which occur Cabinet, the Chinese Government has trust the Polting offco December 17th undertake the task of forming a new test report says:- from
Agreement between Chiness Govern-fixed its eyes on the most suitable per red in October broke out sharply in ment and French Government con- sonage available. The Government's Nogember. This was not altogether un cluded to day. We consider our Bank choice has fallen upon an individual who expected. The last Qutbreak of the dia has always preferred to remain unpreter case was in 1917. This led to a very as definitely safa * * Also the following message sent from trous and has refrained from appearing vigorous campaign of vaccination, with the French Consul, Singapore, to, the in the limelight. It is the more sigal- the result that during 1910 and 1920 there manager of the local branch of the ficant that, in spite of his remaining-in were no deaths among Chinese from the background, bir Liang has exercised shall-pox: this in its turn led to neglecte Banque Industrielle de Chine
an extraordinarily great influencsin of vaccination, and an increase of non- financial carafes and bae shaped the immune material within the Settlement: policies of quite a few Ministers who have this, in conjunction with similar materia Sunil-pox is followed the path of progressiveness and introduced from outside, led to the sharp development thuring their terms of office, outbreak of last month.
In view of the trench of public opinion, the typical proventable disease, and its it is a wise step on the part of the Gov absence or presence indicates & com- ernment in heading for a civilian mamity's standard of education Cabinet. In offering the post of Premier hygiene. to Mrt: Linng the President has con
The following facts concerning the dis farred the bondur, upon a brilliant ease among foreigners during the month' scholar, whose scholastic. attainments are of great significance:- are well-known throughout China, whose Of 45 case investigated by the Health expert knowledge of finance can only be Inspectors it was found that 14 had never rivalled by his banking genius, and whose been vaccinated, 17 had not been vac matured experience with gigantic politicinated since infancy, 10 bad not been.. cal schemes is a match for his master vaccinated within the last 3 years and 4- mind in the handling of complicated were said to have been vaccinated within the last 3 years, but there was doubt as industrial, loan and credit problems.
China must first of all pay special to the success of the vaccination,
Of 19 fatal cases, 5 had never been
I beg to inform you that the French Minister at Peking wires me that on December 17th an agreement, has been concluded with the organisation "of the Banque Industrielle de Chine, and that measures which the French Government are about to take in the matter will be known before, the end of the present «month.
-
Тед
more
in
The Chief Judge said: This matter comes before this Court by way of appeal from a decision of the learned Assistant Judgo in Chambers, given on a summons for directions taken out by the Official Beceiver in the bankruptcy of one Hum phroys. It seems that one of the assets of the bankrupt was a carpet-factory:|| for the purposes of this judgment that is sufficient descriptions and the Bank of China, who wore the petitioning creditors ↑ in the bankruptcy, claimed a lien er
Mention of the matter will be made in charge upon it for certain monies ad- vanced by them to the bankrupt. The Court on January 23rd Hongkong and Shanghai Bank also claimed a chargs upon it for monies ad- vanced by them, and the Official Receiver NEW TUBERCULOSES CURE, asked the Court to say (1) what charge, if any, the Bank of Chinal had upon the
TRIED IN MANILA, property: (2) what charge, if any, the Hongkong and Shanghai Bank bad and
The Manila Times of December 2nd (3) what were the priorities between them. The Official Receiver took no part in the An operation which has been success- proceedings, but both Banks appeared fully performed in the United States on attention to its credit at home and and argued the matter. As a result the persona suffering from tuberculosis in its abroad. Reorganisation of the Chinese vaccinated, 4 had not been vaccinated Assistant Judge decided that the Bank of most acute stages, was executed Wednes-loads requires a financier who is trusted sincs infancy, one was said to have been China had no lien or charge at all and day at the Santol Tuberculosis Colony by and has constant transactions with all unracocesfully vaccinated, previous to that the Hongkong and Shanghai Bank by Dr. H. E Steinmetz, assisted by Cap- the leading native banks As Mr. Liang, arrival in Shanghai, and of 9 there was "These facts indicate, the grievous 15. had a few or charge. Ho did not, there in Kirkwood, a tuberculosis specialist directly or indirectly controls the greater no information, ple fore, deside the question of priority as who performed the operation several number of the leading Chisa banks in
North China, his management, which is suits of neglect of vaccination. In China it did not arise. The Bank of China times before coming to the Philippines. appeals form that decision and it has The operation consists in pumping suffi- backed up by past experience as well as there is always so much small-pox infec been agreed that, if this Court decides in cicat air into the lunge to force the hat financial support, ought to bring fruitful tion that vaccination should be repeated its favour, the question of priority shall tered: portions together. When permab results, so that China's credit at home every 3 years. As a rule the best time be argued later and decided here. 1.
htly inflated, the lung is somewhat small and in foreign countries may be main-
No man can early in November. It is of the atmost importance that people coming out to The facts are that in January last theer than before but capable of healthy tained and strengthened. bankrupt Humphreys was seeking money functioning. The operation is only per be in a better position to aid the Bank China for the first time should be success- for his business and he saw the manager formed in extreme cases where there is of Communications better than its farmer fully raceinated before embarkation.. of the appellant Bank about it. As a no possibility of curing the diseased President who, apart from knowing the During the East 17 years nearly 160,000 Ins and outs of its note issue and its real from vaccinations have been done by the result, the letter of January 4th was writ-orgsakura h ten by him and the proposals therein. The operation was introduced to Philip position, thoroughly, had been contribute Health Ofice among the Chinese com......... contained were accepted by the Bank on pines surgery by Dr. Peñaflor of the ing towards ita past growth With Mr munity during November 5,429 vaccina the same day
Anti-Auberculosis Society who has Liang playing an active part once brought with him from the States the in- the position of the bank woold be greatly tions were done at the Branch Health
Offices. struments necessary for its performance, improved and the dread of financial diffi
It ought not to be necessary in these The letters were read, and bis Lordship which consist in part of a barometric air culties in the coming Chinese new year
enlightened days to urge the vital and proceeded The effect was an under-gauge, and a hollow needle which is in would be expelled.
fundamental importance of vaccination taking by the Bank to advance monies serted into the dung below the infected
At a moment when the conference at andre vaccination as the primary and for packing credits or the purchase of portion, between the ribs Air is then raw material up to Tls. 50,000 at any one forced in by means of water pressure, Washington is paying due attention to essential method of prevention of small
queation of Customs tariff: in Chica, time: interest to be at 7 per cent the until the decayed pieces and edges of the the queful to have at the head of the PO. From nature herself, Jenner dis amount to be guaranteed by Cecil Hum- lang have been pressed together.
1700 Daly and efficiently performed it phreys & Co, and liquidated by ship applications of the air pressure is usually Cabinet, an official who had been in close covered and established the method in ments, all banking business in relation sufficient to weld these edges permanently touch with the Chinese Customs and was protects from smallpox as much as the Director-General of that service. ***** | disease, itself. Jenner himself said "I to the factory was to be done through together the Bank of China, and a proper legal The patient on whom the operation was So much has been said in praise of the never expected that it would do more, document of security was to be drawn up. performed yesterday is Miss Josepha Chinese labour corps in France, that one and it will not, I believe, do less. Of It is to be noted that the whole matter Abiertas, a lawyer and temperance work is bound to forget the organiser who was secondary importanes are isolation and was arranged in reference to our carpeter She is president of the local indirectly instrumental in supplying what disinfection. factory. No document of security was WC.T.U. and a 1020 graduate of the Uni-our Allies wanted. Wo must therefore, Made of infection: Probably the com ever drawn up and no real stops aver versity of the Philippines."
not forget what Mr. Liang had done in monest is by direct contact from minute seem to have been taken by the Bank to
this sphere of activities and can only infected droplets sprayed from throat or get one; no monies were advanced for
hope that he would pay the same amounts This may occur during the incuba credits or the purchase of raw
of attention to China's Labour problem tion period before the eruption appears. It is not argued by counsel
as he had done in years goun by, for the Hongkong Bank that, if any such On the second ground, it is very old The successful way in which he dealt addition indirect spread may occur in several ways. The virus is contained: advance had been made, there would have and clear law that when contracts are with the late Yuan Shih-kai is ample in the skin lesions, and from thean, as well been an equitable charge created in far-reduced to writing, parol evidence as to evidence in showing that Mr. Liang will our of the Bank of China on the factory. the intention of the paries at the time be able to handle the military leadersas from the secretions of throat and rose, clothing, bedding, handkerchiefs, What actually happened was that of writing or prior to signature is not dexterously and harmoniously so as to toys, spoons and innumerable articles STORE few days later Humphroys told the Bank admissible to vary the terms of the writ avoid friction.
that he had not yet got the factory and ten contract, Parties are taken to have His familiarity with politics and colostdy be infected. Under favourable cir obtained from them some Tls. 440,000 for
reduced their terms to writing and it sal governmental plans can be gathered cumstances the virus may, live for a con- the purpose of purchasing it; and with would introduce all sorts of uncertainty from the fact that be was Chief Secre siderable time upon such things, but the that sum, did actually purchase it. The if such evidence were admissible. But cheque is dated January 8th and it is the appellants say that they are at liberty tary to the President when Yuan Shib actual danger from them is not very really in respect of this such that the to prove in the case of contracte not re- the Senate afterwards. The Ministry of
kai was in power, and was Speaker of Breat charge is claimed. Later on in the same quired by law to be in writing, that there A S. WATSON month after other negotiation with the Bank of China, the International Bank and the Hongkong and Shanghai Bank, &.00. LTD Humphreys obtained very considerable sums of money from the last named Bank and executed proper legal documents of security to them on the carpet factory to the effect that the advance of January mo doubt do all he can in the interest of ORDERS BY LIEUT-COL. L. G. BIRD, 11.3.0,
6th was included in the terms of the the industrial class. letter of January 4th and, there re In short, the Government has offered the Bank has a charge for it on the the Premiership to man who is most tory. It is urged that the only law ce suitable for the post as the solution of quiring such a contract to be in writing China's financial problems means the is the English Statute of Fraud: which salvation of China. And since others cannot apply to a transaction in the law have declined to accept the post on ac in China that as this matter relates to count of the many complicated and diffi land in China is formed by Chinese law, cult-francial issues insolved, we all the Lez Losi Rei Sitae, which does not ought to strongly support Mr. Liang who require such a contract to be in writing. has expressed his willingness to steer the It is clear from the notes and from the craft of state through rough seas, and judgment that this matter was not before has declared that he would pursue a con- the Court below: in fact had it not been structive policy in addition to attending for the complaint of Mr. Holborow here to China's financial difficulties, would have been no verbal evidence at all. It, therefore, was not a matter which was strongly insisted upon by the appellants in the Court below.
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It is not disputed in any way that the decision of the Court below that the charge to the Hongkong Bank is a good One is wrong: what is claimed is that the decision is wrong in that the Judge decided that the Bank of China had no charge under the circumstances aboveide tailed. Hence this appeal, on the hear ing of which the Hongkong and Shang hai Bank has appeared. The Official Receiver has take no part in it, as he representing the general body of creditors is not concerned in the master, for the debt due to the Hongkong and Shanghai Bank will swallow ap all the security, It, therefore, is a dispute between the two Banks.
(1) that the Judge ought to have held that the documents of January 4th creat ed binding contract and therefore an equitable charge:
QUESTION OF VERBAL EVIDENCE.
Vaccination and re-vaccination are the
was a subsequent parol variation or addi- Communications, which the Government watchwords. tion: and that then the real contract is wants to reorganise; has been supervised to be discovered from the written doca by members of Mr. Linng's party and ment and the parol evidence and they Mr. Liang himself has devoted specia! HONGKONG VOLUNTEER DEFENCE urge that such evidence was given here consideration to the question of railways. by the manager of the Bank of China, Being a great financier himself, he will
GORPA.
ADMINISTRATIVE COMMANDANT.
PARADES,
Parades for Infantry, Machine Gunners, Lewis Gunners (trained men and recruits) will recommence Volunteer Headquarters' on Mon. day, January 2nd, and Friday, January 8th at Kowloon, a 5.38
Dress: Plain clothes.
MUSKETRY,
Part II., Annual Musketry Course, will be fired by the Mounted Infantry Section" on Monday, January 8th, on High West Range, commencing at 10 am.
Drill order.
Dress Oficer for duty: 2nd-Lient 8. E. Grim-
*stone.
CADET COMPANY,
Parades Owing to the New Year holi- day the next parade will be held
at Headquarters on Monday, Jan. ath, 1922, 85 5.30 p.m.
G. F. E. BarION, B-Me
Adjutant, HK DO. Hongkong, December 30th, 1921
WHAT IS EYESTRAIN? The eye has certain
muscles..
NO PASSAGE OF BENEFIT.
FAMING CONDITIONS IN The learned Judge derided that there
THE APPEAL DISMISSED...
NORTH KIANGSU, Was to charge in favour of the Bank of We have decided to admit this ground China that there was nothing in the of appeal here and have heard argy CITIES, STILL UNDER WATER. document of January 4th, which clearly ment upon it and we have read the evi and definitely passed the benefit of the dence given very carefully. In the view
A very interesting report was made factory to the appellant Bank. There I take of the matter, it is unnecessary to was merely an executory contract and decide the difficult and technical point at the meeting of the Chinese Foreign nothing was done beyond a promise to
on the Statute of Frauds, nor need I Famine Belief Committee held at Shang execute such a document, and he refused say, more than that the Lez Loei Rei Sitar hai last week when it was disclosed that to listen to any parol evidence on the governs, according to the law administer several cities in North Kiangsu are still part of the Bank as to the intention of ed in this. Court, transactions in land in fooded. The area surrounding the wall- the parties when the documents were sign China Foz, admitting, for the sake of ed city of Yencheng has about three feet od. The appeal against that decision is argument that the contention of the Bank of water, and the only means of transport based on three grounds:
of Chida is correct that the Statute of by boat. In Hinghwa the conditions Frauds does not apply and that Chinese are worse. In the walled city water is as Law does not require a transaction like high as the counters in the shops, and this to be in writing, it is undoubted the people go about their business by that an English Court would scrutinizo mesas of the bearded walk specially (9) that the Judge ought to have admit very carefully indeed any alleged paral erected. There is no prospect of the ted the evidence as to the intention of variation of a written contract. Such water clearing before the cold winter sets When objects we look at do not come the parties when the documents of Jan. Variation addition must be positive and in in order to release the upper disc up to a sharp focus in the eye, these nary 4th were signed and
definite; ad the evidence tendered here trict of the accumulated water four dykes muscles exert themselves unduly and (3) that the Judge ought to have is nothing like strong enough to carry have been opened permitting a tremen admitted parol evidence of an alteration me to the conclusion that any such was dous stream of 6 feet deep to flow into enable us to see clearly in spite of the wariation or addition to the contract agreed upon. There is only the one wit the lower district, in which the city of defect. These muscles tire and relax made between January 4th and January less to it, the other party is not here; Yencheng is situated. Signs of the dis- causing the objects looked at to become his subsequent dealing with the appellant tressing conditions in North Kiangsu 18th on the srength of which the money Bauk and with the other Banks do no may be seed in Shanghai. Many of the blurred and indistinct. Upon closing the was advanced. We allowed this, ground lend-colour to the story that any such new ricahs cooliõe come from the affected eyes for a few seconds the muscles be to be added in this court. -
was made, and lastly-to-hold-that-such
uchares and they will testify without much come more or less rested and objects. On the first ground, it is not really was done would be to convict Humphreys persuasion. In fact, a member of the contended before us that had monies been in his absence of gross fraud-a conclu Famine: Relief Committee was riding in are clear azain for a brief period.: advanced by the Bagic for the purposes sion from which I shrink unless driven om yesterday when he noticed that Properly fitted glasses correct eye-strain, stated in the letter of January 4th, there thereto by clear and unmistakable: evi- would have been a binding contract and dence. The appeal, therefore, must be the coolie was not at all familiar with whether caused by astigmatism or age,, an equitable charge on the factory But dismissed, and the appellants must pay the roads. Upon being questioned he none such in fact was advanced, and un- the taxed costs of the Hongkong Bank in stated that he and two others were for The Hongkong Optical Co., successors less the appellant can show some altera-
tion or variation of the contact, it is not enough for them to hold that the documenta created a contract paint
Continued at foot of next column.)
food and the only means of finding ing Opticians, 53, Queen's Road, Central, to foranke their homes on account of the Clark & Co., Manufacturing and to The Assistant MAG. Holborow appeared for the living is to pull the riosha in fact many
this Court Judge costarred
Hongkong and Shinghai Bank and Mr. have no ricshaa to pull though mush they have the equipment to it you glans
properly.ADYT B. FC Master for the Bank of China: ~ wiri bo.