EXCHANGE CONTRACTS
ACTION.
STORY OF REPUDIATED
CONTRACTS.
LEGAL ARGEMENT OVER PRODUCTION
OF BUSINESS PILES
last August
THE HONGKONG DAILY PRESS, WEDNESDAY, OCTOBER 25TH, 1939.
HAND BAG SNATCHED FROM AN ADVENTUROUS JOURNEY.
+
A CHAIR.
THIEF
CAUGHT BY AN ALERT.
'CONSTABLE
An impudent case of big snatching was
CHINESE COASTER'S PERILOUS
PASSAGE
The Sai Chon, n small Chinese coaster of 745 tons, arrived in Hongkong
CORRESPONDENCE.
THE LOCAL S.P.C.A.
TO THE EDITOR OF "THE HONGKONG
DAILY PRESS
SIR-On several ocensions of late,
related before Me. Lindsell at the Magis joa Monday afternoon and her skippe" members of the S.P.C.A. have complaio-{
300,
A
Portuguese
An action concerning exchange con-tracy, yesterday, when tracts, first heard at the Supreme Court missionary priest from Macuo charged a was resumed yesterday, sullen looking Chinese with stealing a The Judge (Mr. J. B. Wood) had indi. large-sized hand-bag out of the chair in *eated that if he decided that the defend") which he was riding. The bag contained and hail to casto answer he would give money and clothing to the value of his reasons at
Home Tength:-otherwise, the "bearing would lentiune. The parties were “notised" that the second course has been decided upon and the action was resumed yesterday.
The plaintiffs were the Bank of Canton. Ltd., and the defendants. the British
· Chinese Trading Company."
The priest, Jose Antonio Azevedo Bartolo, said he arrived in Hongkong on the 15th inst, and engages a chair as 2p.m ng thề bottom of Flower Street, He had just seated himself in the chair when he felt the bag go from between his legs. He at once gave chase and a few minutes later saw the defendant in the
Capt. Van den Berg, had reported to the Harbour Mader an encounter with a heavy gale. The Captain, who was the only European” on “bongd,—and the crew. must have put up a strenuous fight to keep the ship afloat.
The vessel f; Kin How on Saturday,
It
ed that they neither see nor bear of anything being done by the Society, May I be allowed, through the columas of your paper, to give, a résumé of the work done up, to date l
There is a membership on the books of
September 30th with 800 tons of salt for about 830, but the culty the Hon. Hongkong. She ran into rough weather Treasurer has to face, is the want of At a p.m. the adequate addresses of the members, and, on the following day.
reported a leakage. Five having no shroff, the collection. of the engineer
He would be glad if pumps were set to work, but, in spite subscriptions. of this, by 11 pm. the water in the ship those members who have not already was found to be increasing. was paid, would send in their subscriptions, noticed that when the vessel rolled the together with their postal addresses, to seams in the ship's bottom were opening him, (Mr. J., H. Rapway, c/o The Hong- Constable Claud Earnshaw said that he and closing to the movement of the kong and Shanghai Bank). was off duty on the afternoon of the vessel.
An Inspector was appointed (ir. 17th inst. He was walking along Queen's - On the following mining the Captain Ferdk. Fisher), as from August 1st, who Road when he saw the accused running decided to make for Teurane, keeping has done a considerable amount of work trum East to West carrying a bag. The as close as possible to the coast, but in in the enlightenment of the Chinese and 108. E., the others who were found to be cruel, to constakir became suspicious and watched Lat. 15.49, Long.
and animals. In the case. „of]
hands of a poliemoficer;
נן
The statement of claim set out that, by a contract dated April 7th, 1990, the chefendants sold and agreed to deliver to the plaintiffs 0.8275,000, delivery in April/May, 1990), t exchange 21 10 d/s The defendants had failed to deliver the 0.$275,000 and therefore the plaintiffs claimed 239,520.58, representing the dis- crepancy between the contract and the the man's actions. The prisoner was not enginter reported that it was impossible birds manket pris on May 31st, 190, less ning very fast bus directly a police to go any further; the water in the ship market and other ecolies, whose work it
blew whistle
from the direction of was within six inches of the furnaces, is to transport, crates of chickens, etc., Flower Street, the man increased his Aucher was dropped within 200 or 40, he first notifies them as to the terms of pace. The constable joined in the chase feet of the land and all available hands the Ordinance. If the same party is
eertain sums due to the defendants on
other contracts for the purchase of gold
dollars
The defence was a denial that the con. and arrested the man at the entrance of were set to work jettisoning the cargo found acting with cruelty a second time,
tract bad at any time been authorised by the defendants" The defendants main- tained that the plaintiffs well knew that
no one was authorised to enter into con- tracts on the defendants' behalf, unless such contracts were signed by ar chopped.· with the private "chup) of thin Tin Che, tradling under the style of the British Chinese Trading Co. and that, the con- tracts in question, were not si signed or chopped...
3
P
In reply to the defences the plaintiffs said that the defendants, allowed it to be represented that one M. Xavier, manager of the firm, had authority to effect exchange contracts on behalf of the! firm and the exchange contracts ennerrned in the action were made on the „faith of this representation...
The plaintifis further urged that, by the usage of the Hongkong Exchange -Märket, exchange contracts are effected by and through exchange brokers by whom only such transactions are signed on behalf of both parties. J. M. Xavier, contended the plaintiffs, was authorised to effect the exchange contracts concerned in the action in accordance with this usage. Alternatively the defendants permitted hing to be held eat as having authority
to do so.
Lee Yuen Street.
At the Police Station the complainant earns along and identified the bag as his
of salt.
a warning is issued, also a third time, Pumping was continued throughout the of the fourth a prosecution takes place. night and by 9.20 o'clock on the follow. The result of such prosecutions, & con- In the "prisoner's pocket was founding morning the water in the ship had, viction in every" case, proves that the
been reduced to 23 inches,
: Later the work is being carried out in a satisfac packet of paper.
vessel was able to make Tourane unler tory manner. Copress of the Ordinance, her own steam and was able to continue printed in English and Chinese, relating hér voyage on October 18th
The prisoner's excuse to the Magistrate was that the Constable had possession of the bag when he was arrested.
The Magistrate ordered the man to let sent to prison,, for six months.
The prisoner: 1 that all? The Magistrate: That is the most can give you
THE BICYCLE CASE. THE DEFENDANT DISCHARGED
The young Portuguese named Victor Nevis, who was charged at the Magis tracy about a week ago with the theft of a bicycle from a Chinese bicycle shop. has been discharged by Mr. Lindsell, a satisfactory explanation having been given.
Mr. R. E. A. Webster defended.
Defendant said he did not hire the bicycle as alleged.. He lived in the same house with a man named Carlos Maria Sahter, On the 14th "inst, the defend ant went fishing with Santos brother. On returning home they found that C. M.
* A. Hopper, of Mesars. Johnson, Stokes which he said he and borrowed from a
:
EXAMINATION OF LETTER FILES REQUIRED
To the carriage of cattle, pigs and
She is owned by the Ay Yung Sun poultry, have been prepares, and will Ting Company and was built in Canton he posted on all the wharves where land. during the war. The local agenty are; ing takes place: The Chinese truäsla- 1] the Yee Wob Company,
sion was kindly done by Mr. A. E. Wood. Assistant S.C.A.
41
Au anonymous donor has promised to "ONE OF THE LADS OF THE build, equip, and endow as a memorial,
VILLAGE."
HIGH JINKS AT WEST POINT. 4 tailor named Ho Pik Shan, a well dressed Chinese, imbibed to freely at West Point and caused quite a stir it the neighbourhood. by brandishing a re volver during the carly hours of yeater day. He was termed by Mr. Lindselt, at the Magistracy, yesterday, as one of the lads of the villager
One was that of
a Dogs' Home, complete, including an up-to-date lethal chamber, caretaker's quarters, and a paddbek for the dogs to exercise in. This will not only be a home for stray dogs, bus, also a home! where perigns leaving the Colony for a time to leave their dogs, or ents on payment. The question of a site is under consideration, but it is hoped that the building of the Home will soon
started.
Two charges were preferred against The Committee wish to emphasize the the man.
creating a fact that all members of the Society, in disturbance, and, the other was that of fact everyone, is able to call the Atten- tion of the police to any acts of cruelty offering a bribe of 810 in the Sergeant they may witness, though they have, of
course, no power of arrest.
who arrested him.
.
Inspector Kent said he was arrestedį
a
The defendant said that the revolver bad been, exchanged for, one belonging to a friend.
Mr. A. E. Hall for the defendant applied for a Temand and the case was adjourned to the 31st inst.
קי
Bail of $500 was allowed,
The annual meeting will take place towards the end of next month, the date
that a large number of the members will to be notified later through the advertis "ing columns of the papers. It is hoped
attend Yours etc.,
B. L. FROST,
Hon. Secretary.
October 24th, 192%.
SHAMEEN. FORTHCOMING FETE AND SALE OF WORK.
In the spring of 1919, when the Canton British Women closed their workroom for the Red Cross they decided to keep in remembrance the great sacrifices made for them by subscribing yearly to the upkeep of Canton Bed in the Star and Garter Home for disabled soldiers and sailors.
Mr. F. C. Jenkin (instructed by Mr. Santos had brought a bicycle home at 1.30 o'clock in the morning carrying &Master appeared for the plaintiffs, and friend in the Hongkong Electric Com-turbance. The defendant had a licence revolver in his hand and making a dis. Mr. C G. Alabaster, K.C., with Mr.pany. The bicycle was kept at the house to carry a revolver but the number on Eldon Potter (instructed by Mr. W. B. for several day, and on Tuesday the dethe revolver did not correspond with the Hind, of Mesari G. K. Hall Brutten & fendant went for a rile on it and was number on the licence.
C. M. Santos has since dis- 5.) for the defendants.
arrested. In this action a great deal of evidence appeared. had been illed as to the custom of Corroborative evidence was given by defendant's -exchange brokers to negotiate with senior Santos brother and the
assistants of firms, but it was contended landlady, after abich, Nevis was dig- for the defence that the bank had been charged. definitely informed that the manager had no authority to make exchange contracts. DEFENDANT IN THE BOX.
[A TRANSFORMATION. Chin Tin Cho, managing partner of the British Chinese Trading Company,
WHAT SOAP AND WATER CAN DO. was in the witness box the whole day.
Dos Mohammed, the Indian who A bed was allocated in the Star, aud
Joung He said that Xavier, the ninnager, had not
waa sentenced on the previous day to four Garter Annexe at Sandgate, and the authority to sign contracts on his behalf,
nowooks' imprisonment by Mr. Lindsell for Canton British Women have been sub. His duties were to introduce business and
scribing yearly the £50 necessary for having stowed away on the s.5. Gregory its upkeep. conduct the correspondency. Witness had
The plan, however, had Apear, appeared again yesterday before been found to have disadvantages on informed the Bank of Canton, both ver
the Magistrate.
There was complete transformation both sides: here, it means repeated ex- bally and in writing, that Xavier could give notice now. Apparently they have in the youth. Ife had been washed and plaation to an ever-changing community
there, it means BO." trouble with not enter into contracte on his behalf. As the letters and all particulars from applied with clean clothing. Judging accounts and a certain element of un
by his appearance yesterday he looked to the G. $400,000, contract for rice with an American firm, the Chinese firm with person whom they do not propose to call, a likely recruis for the Police Force, fer certainty awaiting the arrival of the yearly subscription. Therefore, at -the which witness contracted never fuller and who must be using knowledge gained which purpose he said that he stowed instigation of the Committee of the Star
in the service of the defendant.
and Garter, the Canton British Women have this year decided to endow the Canton bed at Sandgate and make their memorial permanent. To raise the sum Garden Fete and Sale of Work will be required for endowment (about £500), a held on Shameen on November 9th.
its contract, owing to the break in prices at that time (1520). For that reason there was no occasion to fix an exchange con. tract. The other two exchange contracte, mentioned in the statement of claim, he how nothing about; incidentally, they were in his favour.
In cross-examination by Mr. Jenkin, the defendant said he knew the exchange brokers. If they said they, bad never seen him except in Court, this was a false Borg:c. These broken get instructions from the bank they are broker and must be on the side of the bank," added the -defendantyre, DAT
Mr. Jenkin You say they are des liberately lying because of their connec tion, thy the banks
The defendant was-pressed as to cables and letters which the plaintiffs alleged he had sent to the San Francisco Chamber of Commerce and which (they further alleged) included laima for reimburse ment of 'los on the exchange contracts which be now said he had repudiated
(Continued as foot of next column.),
Mr. Jenkins Will you bring the dupli- cates of these letters and tables into Court in the morning?
Defendant's counsel objected. Mr. Jenkin: I will call for them and 1 will ask Mr. Hooper to write for their production.
Mr. Alabaster: They have no right to
away from Singapore, They
The Magistrate (to Sergt. Andrew); must give proper, notice at the right time. The Deputy Superintendent of Police his Our been approached by friends of the de They have closed their case now. answer can always be, "We don't pro-take to pay the expenses incurred by
fendant who state that they will under duce."
the passage from Singapore. Do you know if that has been done?"
Sergt. Acdrew: I know nothing about him, your Worship.
The Magistrate (to the defendant): If the necessary $18 is being paid into Court I will arrange to let you go. You had no right to stow away like this.
Mr. Jenkin submitted that the request for production was covered by the original notice.
Mr. Alabaster. They did not ask for any specific documents.
The Judge: I think the first paragraph of their netics covers it. It asks for die closure of all documente telegrams, and correspondence relating to the sale or pur- chase of merchandise by the defendant, covered or intended to be covered by the exchange contracts set out in the state- ment of claim..
SPORT.
HOCKEY.
The British Women have been working hard throughout the summer and have made or collected a great variety of and useful articles for sale, curion from the North of China, the latest in gloves, ties, and socks from London, perfumes and powders from Paris, embroideries from Haiphong, while in Canton itself, needles have been buay with hand-made lingerie, hand- knitted, socks, jerseys and jumpers, and preserving pans have been in great demand for converting oranges, pears, vegetable-marrow, persimmons, etc., into marmalade, jams, and jellies. There will bo novel and entertaining side-shows to amuse the visitors to the Fetc; ten will be served on the ground while a band
-Mr. Alabaster: They are not entitled
A return match will be played between to give notice in that form
the Olub and the 102nd Grenadiers on the Mr. Jenkin urged that it would be Harina Ground, Kowloon, 4 monstrous, and would shut the avenues day....
pra.. to of justice altogether if a litigant had to name specifically every document he reA. Bower, G. Piercey, EG discourses music, and, in short, prepara The following will represent the Club quired to have produced by the other England, E. W. Major, Rev. E. W. Ltions for enjoyment are being an care Martin, H. Glanville, B. O. Blaker, W. fully planned that a thoroughly delight- The Judge said he would give his deci. Woodward, E. J. R. Mitchell, D. E. 0. ful aftemoon is assured on Shameen on sion on the point this morning.
Nicholson, E. D. Evans (captain).
kida
November 8th,
WEDDING
PRESENTS.
SUGGESTIONS IN SILVERWARE.
By MAPPIN. and· WEER'S.
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ENGLISH
AND
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KETTLES & STANDS.
FISH CARVERS.
HORS D'ŒEIVAN DISHES.
INSPECTION INVITED.
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