COLONY'S WATER
SUPPLY.
BIG IMPROVEMENT ON
LAST YEAR.
BANKING DISPUTE.
APPEAL DISMISSED.
BANK TO BEGIN ACTION FOR
$360,000,
►
HONG KONG DAILY PRESS, SATURDAY, MAY 9, 1931.
HONG KONG VOLUNTEER FIFTH "EXTRA" RACE HONG
DEFENCE CORPS.
[ORDERS BY LIBUT.-COL, L. 3. BIED, D.9.0.0.1.2.1,
1,-Parades.
ON
(a)-Corps Bignals:- The PW.D. water return, dated Judgment reserved by the Full) There will be parade at Corps May 1, shows that there are 99 Court was delivered yesterday in Headquarters at 3.30 pm. million gallons in the Island reser- the appent by the Equitable Bank Friday, May 15. All signallers are voirs compared with 621 m.g. ating Corporation against an order. requested to attend this parade. the same time last year. A glare inada by Mr. Justice Wood that Signalling classes are to be held at the figures will show that the the cnus was on them to start pro- during the summer. Good and re reservoirs are still, well below over-ceedings in the dispute concerning|gular, attendances are expected, as flow, hat there is in hand, at pre-em and Choa Pa Sien over a sum it is proposed to carry out classi- sent, rate of consumption, a four of $300,000. The Chief Justice (Sir fication tests in Septembar. months' supply on the Islamd alone. | Joseph Kémy) dismissed the ap- |(b.)--Machine Gun Company :-
The figures follow :- "
peal with costs, and Mr. Julier CITY AND HILL DISTRICT Lindsell concurred with this de
cision.
Triam
WATER WORKS.
The bank claims that amounts 1931. 1930,
were wrongly 10111" totalling $300,000 Tytam Bymash...es 3* IN 5" credited to Chon Po Sien, and Tytam Intermediate 3 1° 19' 5" demand this sum, in addition to ạn Tytam Tuk
5′′ 406" Wong Nei Chung.. 2 5 19 11averdraft amounting to 8130,00), Pokfulam...
9 7 13 10" which is admitted by the other The alive figures are the depth side, before releasing the securities of the surface in icet and inches lodged with them. On the judk ment of the Full Court, the bank below overflow level
becomes plaintiff in the action, Storage in Millions and Decimals
which has been fixed for hearing, of Gallons,
on Monday,
Tytárn
Tatam Byewash,
Tytam Internet, ates
Tytum Tuk.
Van Bi Chung .. Pokfulam
Thcal
10:00). 1931. 4236,81 223.03 .01 3.05 17.70 103.05 350.00 4.83 14.40
021,39
: The Judgmont. Giving judgment, the Chief 619.73 Justice said, in part:-This is an 10.67 nppen) from, an order by Acting Chief Justice Wood settling an 193.97 issue, which arose on the accounts
filed by the defendant in pursuine of the normal order in the action.
32.32
Consumption of water in the City nal Hill District in millions and decimals of gallons during the month of April 1:
Consumption Estimated populá-
tion
1030. 1931. *215.57′ †231.07-
412,020 410,000
Consumption pèr
head per day *48.5 19.1 * Includes v.5 million gallons from mainland.
+ Includes 23.95 million gallons from mainland.
There seems to be a curious ab sence of authority directly bearing on the question of the principles to be followed in deciding which side is to bear the onus in an issue, Probably the ordinary rule, that! the onus lies on the party who substantially asserts the affirmative, is sufficient guide in the great majority of cases. If our could imagine that no accounts had been filed in the present case I think that the onus would be on the plaintiff, because it seems to me, on the present state of the evidence as it is before the Fall Court on this appeal, that, apart from those ne counts, the issue renlly would be:- Were the deposits made, was its equivalent actually paid in by or on behalf of the plaintiff, or by some other person, April, 1931.-From April 1 to 21, for his credit? In this issue the constant street fountains would surely be on the plain-
Liff. supply was operated in all Rider Main Districte. From 23th to 30th A constant house supply was given in all Rider Main Districts. From April, 21 mainland water was sup plied to the Central District of the City.
April, 1000.-From April 1 to 30, 1990), a 12 hours! supply (6 h.m. to 6 p.m.) was given to all Rider Main Districts (principal mains closed from 6 p.m. to a.m.) with the exception of the arennorth of Queen's Rond hetween Murray Hoad and Eastern Street, where & 24 hours', supply - was maintained from April 7 to 30.
1931, a
KOWLOOŃ WATER WORKS.
1930, 1 Kowloon Reservoir. S Sheklaipui Reservoir 8′ 1′′ Reception Reservoir 3' 11"
1931.
**
cash or
1 think, however, that we must take into consideration the accounts duly filed and sworn to on behalf
of the defendant in the normal course of this action for an account, and that the onus in the issue may
Parade on Tuesday, May 12, ni 5.30 p.m. at Headquarters in mifti. N.C.O.'s under C.S.M, Slattery and Recruits under Sergt. Terry. The following are detailed for signalling
clans:-
Pte. W. D. Johnson. Pte. S. H. Gray, M:C Pte. J. J. King,
Pic. R. 8. Mendows,.
and two men from No. 4 Platoon as detailed by Lieut. E. G. Stewart. (e.)-Scottish Company
1-Parades, Thursday, May 14, 131, for Machine Gun Instruction.
No. 7. Platoon at Headquarters at 5.30 p.m. under Captain H. R. Forsyth.
No, 0 Platoon at Kawhian Dock under Lieut. G.-Duncan, M.B.E.
Corps Supper. All ranks are reminded of this function and those? proposing to attend must notify their respective Platoon Sergeants by noon on Monday, May 11.
(d.) The Officers commanding the undermentioned Units will issue their orders separately to their com mands:-
1.-Corps Band. 2-Battery,
3-Engineer Company. 4-Machine Gun Troop. 6.Armoured Car Company.
(i)-Car Section. (i)-Motor Cycle Section. -Portuguese Company.
2-Allotment of Stonecutters Range.
Stonecutters Range will be allot to Portugueве Company (283 ted May 10, 17, 24 and al to Portu- guese Company, Launch leaves Queen's Pier at 8 am, and Kowloon Police Pier at 8.10 ..
3.-Quallication of Machine Gunners.
The following love qualified as First Class Machine Gunners:
Pts.
رہا
No. 911 Sigm. J. M, Shroff,
be affected by the contents of those Corps Siganla, is transferred to
accounts.
I say this although I ex-Reserve Company, as from May 8,
press no opinion at this stage as
to whether the account will evidence in the issue without fur- 16ther proof. Both draft iuanes ns- n starting Bure the accounts as point.
Reversed Entries. After dealing with the different views, held by the parties on the question of accounts and the re- versed entries, his Lordship con tinned:
The alive figures are below over- flow.
Storage in Millions and Decimals of Gallons.
1970.
Kowloon Rreervoir
and Byewash 273.40 Sheklaipni Reservoir 85.01 Reception "Reservoir
Total
1001.
107.34. 18.65 18.01
377.03 353.51
I have carefully considered all the cases cited, and I think that 928.16 the result of them, expressed in tering of onus, may, for the pur- pose of this case, he stated thus:- When a banker credits a customer with an amount, and that credit- ing is cominunicated to the cus Consumption of water in Kowicontomer, or credit is affectively given, in millions and decimals of gallons daring the month of April:
Consumption Estimated popula
tion
Consumption
per head per day
1630.
1901.
so that the creditor may infer the crediting, the onus is on the bunker to show, if he can, that the amount 114.80.130.55 was wrongly credited. In some cases, of course, the banker may 174,010 283,000 not be able to recover even if the proves that the crediting was 10.3 21.0
wrong (er Abbot C. J., in Skyring Constant supply in all districts. Greenwood (1823) 4 Bat 288); und in others, though he during April, 1030 and 1931.
The Government Analyst's reports succeeds in reversing the entry he shew that the quality of the water may be liable in damage (Holland Manchester and Liverpool. Dis- is satisfactory.
trict Banking Co., Ltd. (1000) The total rainfall to April 30:23. T. L. R: 300), but in all, such
10:20, 19.99 inches; 1931, 12.08 ins.
TWO LOCAL ESTATES.
LETTERS OF ADMINISTRA-
TION GRANTED.
enses the onus appears to be on him.
Judge's Findings,
1. de not propose to discuss the
1031.
6-Struck Of the Strength.
Having completed three years' Service:
No. 938 Pte. V. M. Xavier, No.
Platoon from May 8, 1931,
ብካ
Having left the Colony: No. 182 Sigin. C. B. Easterbrook. Corps Signals, as from April 1, 1001.
No. 1047 Pie. D. Thompson, Re- serve Company (Scottish Sec- tion), as from May 8, 1931.. Permitted to resign ***** No. 1550 P'te, R. G. 1. Mead, No. Fintoon, as from April 1.
1031.
6.--Strength.
MEETING.
KONG STOCK MARKET.
HANDICAPS AND ENTRIES. | CROUCHER & CO.'S DAILY
*
The following are the entries aud weights for the handicap events in the Fifth "Extra Rage Meeting to be held on Saturday next:--
Customs Handicap "A" Class: One Mile.
lbs.
Vasylock Wisdom Stag
13#
.146
Zorhan
181
Boxing Eve
150
Gay Crusader
701
Donnabelin Jin
155
Fortune Bay
140
Little Beaver
1:3
Christmas Chimes
18
Royal Flush Wakefield
140
1-12
Pride of Tsingtao ......... 133
Customs Handicap "B" Classi One Mile.
Winsome Stag Fair Sport
Mike
REPORT.
The market closes relatively stendy, with genern! all-round ins quiries for investment counters.
Banks are easier in London st $107 with local buyers at 82,035. Cantons are wanted at $1,300 and Unions at 310 with business done at slightly higher rates.
Landa continue in request at 8015 cash and 8931 July,
Hotels were on the quiet nide with buyers at $15.30.
Electrics eased slightly and were sold at $60, China Lights are still. wanted at 825.75 for June delivery. Star Forries were better at 895, Godowns at $162 and Providents at $5.00 were quiet,
Realtys improved to 811.75 cash and $12 July, Lane, Crawfords have Aullers At $7.35. Ropog strengthened to $214.
Considerable attention was given ta. Steamboats, sales taking place at 827 cash and 8271 July, closing with buyers at 828 cash.
Amusements are on offer at $25.75 casier at and Dairy Farms are
$17.55
-that's all you bare
to pay for shoe comfort,
good appearance, and satisfaction.
materials
Powell's Shoes aro modo with meticulous care, of the Boost
coaforming to the footwear demands of the busy man. whose shoes must be correct and comfortable every hour of the day.
THREE SHOES OF QUALITY.
"FITWELL" "KELTIU" "BEOTIVE"
to
[
M
11
Price $19.50 Loss 10% discount for Cash $17.55
28.60
23,85 36:00
31.60 Stocked in all the desired leathers, styles and sizda, at their respective prices offer the utmost value obtnizable.
** FIT-WELL" SHOES
At $19.50 Per Pair are made with plenty of room for toos-in Black and Brown Calf Leathers.
"BECTIVE" Shoes are
England's Finest Footwear
and made for the man of
discerning taste.
"BECTIVE" Shoes
Brown Calf also Patent
ibs. 193
133.
Valorous
140
Daylight Eve
150
$20.76.
New Year's Eve
133
Misty Eve...
133
Cements declined to $18.75 June at which rate there is a fair de- mand.
wo took in Black and
101
Crown Prince
13%
Sanction
133
Buyers came into the market for Underwriter at 85:05 with shares offering under 5.15.
no
Carnival Eve
146
May 8, 5 p.m.
Leather suitable for all
occasions.
Lobster Bay
133
Holly Leat
148
132
133
137
Peppercorn
133
The Plover
148
The Grouse
135
The Tiger
101
Piccalilipa
133
Imperial Hall
133
Eros ....
1333
Rooslan
165
Ο Μπάκι
Pickle
Nippy
Customs Handicap "O" Olasa: Ona Mile.
Fritillery Scrappiť
The Discarded
Yankee
Bronze Eyes The Quail
City Hall
Groombridge Happy Returns Awaken Lion ......
ON CAPITAL CHARGE.
CHINESE COMMITTED FOR
TRIAL.
Choi Shu, a Chinese woman, was discharged yesterday at the Kow loon Magistracy by Mr. Hamilton while her husband, Wong Cheung, was found guilty of murder and Committed for trial at the next Criminal Sessions.
On April 1, Inst the defendant and his wife wero arested and charged with the murder of Kan Shok whose body was found in a unnumbered house in Reclamation Street, Yaumati.
On account of lack of ovidener the woman was dismissed but warn- ed to remain in the Colony Kor Eusband, when asked if there werd any witnessca ho would like to all, said that his wife was the only one. The man did not seem to rea. 1150 his position and took the mat fer lightly.
Some inerriment was caused when
the defendent asked if he would
The only witnessa that were call d. yesterday were the officer who made the arrest and the Police Inspector who saw the body when it was found.
TWO POLICEMEN CHARGED,
ALLEGED POSSESSION OF HEROIN.
Two Shantung policemen were charged beforo r. W. Schofield yesterday with being in possession
l 23,000 heroin pills.
Mr. P. P. J. Wodehouse, who appeared for the prosecution, said that at first it was thought the pills were morphine but upon ex umination they were found to b heroin. It was sinted that the Government Analyst had only marked down 25,000 pilla but did. uot state the quantity of heroin.
Following some discussion, a re- mand of 24 hours was granted in order that the polico might ascer tain the correct amount of heroin.
lbs 180
133 ·
Wise Stag
141
Tunney
150
Sonny Boy
140
Pacemaker
134
Mount ElburZ
133
Chivalrous...
143
Morning Star
134
No. 1315 Tpr. J. Weill, M. G.
Troop No. 1539 Tpr, M. N. Co.
chrane, M.G. Troop ...... 121 No. 1488 Pte. S. MacNider,
No: 3 Platoon
Good Day
13%
Sunny Day
141
121
Leveret
156
Monk
133
Que Third
15
Empress Hall
145
180
Orlando
143
get a fair trial. at the Sessions,
Mascot
133
4. Transfer.
Mindoro
132
Misamis ....
144
150
Acacia Lent
133
Jadestone
133
Silver Key....
123
Thunderous Stag
143
Brunswick Hall
133
Armony
148
Fifty Fifty
161
Christmas Belle
152
Cream Cracker
133
130)
135
140
148
133
133
... 133
Smugglers Handicap: 1 Miles.
Ibs.
Wonderful Stag
152
Wise Stag.
133
Valorous
14€
Fortune Bay
10:
Little Beaver Leverei
145
140
Mindoro.
133
Holly Leaf....
148
Golden Key
141
Nippy
133,
Eroz
138
1 Miles.
Paul Pry
140
lbs.
Noukhail
30)
Lead Mine Handicap "C" Class:
Bay of Bellingham I.... 140
Celerity
142
1 Miles.
Arctic Eve
133
jb.
Flornotta
133
Fritillery
150
:
Wise Stage
Sans Souci
133
141
Tunney
150
Duke of Normandy II. 16
Mount Elburz.............
Choclow II.
140
133
As You Like It
152
Tanya
133
Chivalrous...
Andanting
140
143
Morning Star
Twilight
133
134
Silver Flare
138
133
Happy Day
101
133
Loch Sloy
133
156
Redskins
157
133
153
Movanagher
133
Empress Hall Orlando
Tigre
142
141
Bay of Calamity
133
Country Club
Agate
133
133
Mindoro
133
Fanting Stag
133
Misamis ...
144
Happy Choice
139
Silver Key..........
133
Pagoda
152
The Lombard
White Stars
133
133
Britannic HR}} Fifty Fifty
158
Warwick Farm Handicap: 11 Miles,
101
ibr.
Christmas Belle
152
Woodland Stag
180
Cream Cracker Brown Eyes The Pheasant City Hall. Happy Returns Awizer Lion Mongolian Stag (Continued on next Column.)
133
Kilrea
159
135
Evening Star .......
140
152
Fritz N
130
148
The Raindrop .........
150
"...... 137
Pegasus
130
Vittle
138
Caulfield
130
Juliett
130
The following has been taken on Corps strength:
No. 1001 Pte. S. A. Guy No. 3
Platoon, as from May 3, 1931.
7.-Leave.
No. 84 C.Q.M.S. II. J. Milling- ton, Corps Signals, granted 11 mouths' leave, from April 1, 1931, to February 20, 1922. No. 782 Pic. A. L. G. Eastman,
No. Pintoon, granted eight months' leave, from May 1 to December 37, 1931.
W. H. G. GOATER, Capt., Adjutant, H.K.V.D.C.
cases in detail in this judgment, ground of the plaintiff's further but as I am deciding against the affidavit filed during the hearing, defendant, I should like to add the the effect will be that the plaintiff In the Arst has shifted the onus by giving the following remarks. place, I find in this ease (1) that evidence which he would have given credit was affectively given, and at the trial of the issue, or that, in other words, he has accepted the Estate in Hong ng worth (2) that there was actual
onus. I would point out that the munication. In the second place, plaintiff's further affidavit was not ,83,000 was left by Frederico 8an.
chez, niias Gee Kow Wai, alias the netual decisions in cases ou contradicted in any way, so that Chu Kow Wai, Jate of Macao, who section 82 of the Bills of Exchange I must prima facie assume it to be died intestate on October 30, 1930, Act, 1882, are not in point becaupo at 3, Run Dispo, Madeira. Lotters the question there is whether pay correct and to state n fact equally
com.
of administration have been grantment was received for a customer. known to the defendant.
ed to the widow, Bentura Herrera In the third place, I agree that
iral
JJ
Trial Unaffected.
de Sanchez, of Macho, temporarily some of the dicta quoted are much In any case, I have given my living at 137 Connaught Road Con- too general unless they are read reasons for thinking that on the Helen Fong, also known as Helen in the light of the facts. See for ground of the accounts alone the
example Capital and Countica oue lies on the defendant. Dill and Mrs. Shollers, who died Bankr
(1903) A.C. at Gordon
I need scarcely any that any find intestate at Elko, Nevada, on or
248, as explained in Bevanings of fact in this judgment are About June 10, 1930, left local catate National Bank" (1900) 23.T. L. R.purely provisional, and will have worth 82,000. Fetters of adminie-
------| no effect-on-the-findings-in-the-trial. tration have been granted to Mr. at 68. G.G.N. Tinson, of Mossra. John son, Blokes and Master, who is at "torney for the administratrix.
"Mr." Sheldon acutely argued that of the issue. I think that the ap: if the appeal is dismissed on the peal should be dismissed with costs.
Mr. Justice Lindsell concurred. [Continued at foot of next column.)
Good Day
.TBy
Leveret Vamoose One Third
30/1
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+
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At 826.50 For Pair are made from experior festeb Leathers. Made, one less Atting round the ankle,thnú this foro part, given a very ning ft.
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