"BANKNOTE CASE.
MORE ARGUMENT ON APPEAL.
MR. POTTER'S SUBMISSIONS.
THE HONGKONG TELEGRAPH, THURSDAY, JANUARY 6, 1927.
* ROYAL VISIT TO.
AUSTRALIA.
THE DEPARTURE FROM ENGLAND.
Rugby, Jan. 5. The Duke and Duchess of York leave London to-morrow morning
"The appeal against, a judgment for Portsmouth where their Royal of Mr. Justice Wood," who. held Highnesses will embark in the that the Hongkong and Shanghai battle-cruiser II.M.5. Renown for their Australian tour. The King Bank were liable to pay a $500 and Queen and other members of note from which the numbers and the Royal Family, the Premier and date were missing, was continued other Ministers, will be present In the Supreme Court, this mornat Victoria Station to bid them ing in Appellate Juriadletion, before the Chief Justice, Sir Henry Gollan, and the Puisne Judge, Mr. Justice Wood. Mr. Eldon Potter, K.C.. is for the appellant, whilst the respondent, a Chinese woman, fa represented by Mr. Somerset Fitzroy.
farewell. The Prince of Wales and Prince Henry and Prince George will accompany then to Portsmouth. When the Duke and Duches go, aboard the Renown, the Duke's standard will be holsted on the mainmast of the warship and other warships in harbour will firen Royal salute of 21 gans. The Renown will be escorted out to sea by four des troyers, and five flying-bänts will accompany her around the Isle of Wight
Dealing with the question of a material alteration, Mr. Potter said it was not a question of any one being misled, or a question of changing a document from one thing to another, but if it was a
The primary object of the business document and something
Duke's visit to Australia is to outside a contract, then it was a material alteration if it affected open, on behalf of the King, the the purpose for which the instru-new Federal Parliament Buildings ment was created. He supported at Canberra, which will be the every word of the Master of the Capital of the Commonwealth. pay Kolis, when he said the alteration The Duke and Duchess will of a material word was sufficient. visits to all the chief towns of Australin find New Zealand They are going out westward, Referring to Mr. Justice Wood's ruching the Pacific by way of the judgment, Mr. Potter said he had Panama Canal and are returning found that the number of a bank-by way of the Suez Canal. The tour will accupy six months, and note was a material part, and once it is officially announced that during it was conceded that the number the absence of the Duke and was a material part, then the law Duchess, their baby, Princess was clearly laid down, that an al-Elizabeth, will remain with her teration to such a number was-A material alteration, and he submit- Majusty the Queen. ted that if their Lordships found that the erasure was a material altération, then judgment should be for the Bank:
NUMBER MATERIAL.
from
the
The Duke has received the following message Governor General of Australia: ine Government and people „of One of the points they had to the Commonwealth eagerly await decide was whether the parts your coming and are looking for which were missing from the, note ward to the opportunity of accord- were material. If the Court salding you a loyal and affectionate "Yes," then he would submit that welcome.". it did not matter whether it was done accidentally or intentionally, although in the case under con sideration they had the human agency and the finding, on Mr. Justice Wood's part, of negligence, Mr. Potter then quoted from a caso supporting his contention that where one had a negotiable instru- ment or guarantee the duty us upon the holder to preserva.it in tact that was, to preserve it in- tact in a material way.
Referring to Section 64 of the "
Ordinance, dealing with altera-
tions, the Chief Justice said the
The Duke has replied: "The Duchess and I cordially thank the Government and people of the Commonwealth of Australia for their message, which we deeply apprecato. We are keenly look ing forward to our visit to your great country. Albert-British Wireless.
TRANS-ATLANTIC TELEPHONY,
RICE EXPORTS.
NEW REGULATIONS
A
IN CANTON.
CONFISCATION RULES.
check the smuggling of cereals out New regulations, designed to of Kwangtung, without payment of export tax, have been drafted by the Ministry of Finance and pass- ed by the Central Political Coun- cil in Cantons
J.
Tao
The chiefs of the various in- spection bureaux, to be establish- ed, have been appointed. Shao-pin will serve at Cunton, Wu Ying-shu at Kenginoon, Lu Luh- shang at Swatow, Ku Yen-san at Tsengshing, Huang I-chi at Sheki and Sze-to Yao at Chanchuen. De tailed regulations have been issued
na follows:
LIMIT FIXED.
A limit of 10,000 picula is plac- ed on the shipment of rice from Kwangtung,
Before cereals are allowed to be exported, the number of bags and the destination must be declared at the Ministry and transit certi-
fentes secured. Unless shipments are accompanied by certificates, the goods will be treated na smuggled goods.
There will be a charge of one' dollar, silver, for each piculi
These certificates must be pro- duced at likin stations and be chop- cd. No trouble is to be given the shipper at the likin stations.
tination must correspond with the The number of bags and the deg- declaration on the certifionte. No contraband goods or other articles can be included in the cereal ship-
ment. No alterations will be per- mitted on shipper..
the certificate by the
TO PUNISH VIOLATIONS."
Punishment for violation of "fol- these regulations will be da lows:
Goods, not declared on the certi- ficate, will be confiscated and a fine of 100 to 1,000 per cent.. of the value of the goods, where that value does not exceed $500, will be collected. In case a certificate is altered, the rice on which-duty was not paid will be confiscated and the offender sent to court for trial and punishment.
Confiscated goods will be put up for sale and the sum realised to- gether with fines, will be held by the Ministry. A roward will be given to agents connected with the seizure of goods.
Inspection bureaux will be co- tablished at the various seaports, with specially apointed deputies to'
Section contained the words "s-GREAT EXCITEMENT IN NEW-look after inspection and to with-
sent of both parties liable on the bill. Would it, be possible to ar guc, he asked, that an accidental alteration, not being one to which the assent of the parties could be given, was not within the provision
of those words?
ACCIDENTAL ALTERATION.
YORK.
New-York, Jan. 5.
draw certificates after their cancel lation.
A fifty per cent, reward will be given to the Inspection bureau on Twenty-
There is great excitement over smuggled goods seized. the inauguration of the trans-five per cent. of this will go to the Atlantic wireless telephone ser man who made the report that led vice on January 7, and hundreds to the confiscation.
of written applications for calls have already been received, but
CIGARETTE SMUGGLINGĄ
Mr Potter replied that his an- the American Telegraph and Tele. The Ministry of Finance, in ad- swer would be no. What his Lord- phone Company state that only dition to issuing a notification for ship had put to him was, in more bookings made over the telephone the prohibition of the smuggling crude language, that it could be will be accepted.
of untaxed cigarettes and foreign wine from Shameen, hus also given strict orders to the chief of the
accidental. The words "Without Officials say that the privacy the assent of all parties," he con of conversation tended, were the preservation of guaranteed at present.Reuter's
the old Common Law rule. He submitted that the words were merely put in as one of the mat- ters which the plaintiff n ust prove.
American Service.
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'S
THE OLD METHOD.
THE UNTOUCHED MEAL.
PEOPLE WHO STARVE WITH FOOD ON THE TABLE.
"
For three years I "NO, I SIMPLY CANNOT EAT." afterwards.
took doctor's medicines, until I Actual tragedy is suggested by got quite disheartened.
After often eating I had agonies of pain, and Preventive Service to post detec- these simple words, so tives near the Eastern and West-heard, because loss of appetite is the sickness became so bad that ern Bridge of Shameen, and the the genesis of trouble that sooner I dreaded, meal times. I was al- creek around the island for the ar- or later reveals itself as indiges-ways depressed. rest of persons engaged in sinug tion or Nervous Dyspepsia, with The plaintiff had in fact proved it stances, the Bank could say "Wegling cigarettes and wine to the in the ease under consideraiton, won't pay thi" and decline any city without first paying the legal and explained the alteration to the respons.bility? No case, added
duty. note.
the Chief Justice, had gone as far as that.
Continuing, Mr. Potter" said a test for a banknote case was:"IB the number a material part of the document?"
Since the resumption of com- munications between Canton and Shameen. says the Canton Gazelto, smugglers from Shameen have brought in large quantities of The Chief Justice:-And once ever in might be, was in fact cauaca cigarettes and liquor, without hav
الى
Mr. Potter replied that in the under consideration the alteration, obliteration, or what
€290
you have done that there is no by negligence while in the actual ing Revenue Stamps affixed there.
-more
Mr. Potter: Not in this case, My Lord; the date
custody-of-the-holder-r
-on-for sale in the vicinity of Sha-
violent Headache and other seri- ous symptoms.
"
"My aunt strongly advised me to take Dr. Williams' Pink Pille, and I did so, and soon felt the Beware of Loss of Appetite, benefit of taking them. I con- readers of both sexes It is a tinued with the pills, and before symptom you dare not ignore.. long was able to eat almost any- thing without feeling any ill- THE SECRET OF KEEPING
effects. Now I feel quite well. In WELL.
every way."'
The secret of keeping well is to THE OUTSTANDING FEATURE The Chief Justice remarked that kee Road, a gang is said to have keep up the quality of the blood.nbout Dr. Williams' Pink Pills for The Chief Justice-Assuming Mr. Potter said under the words been formed to carry on the illicit by enriching and purifying the Pale People is that by their puri the alteration is material, then in of Section 64, as he had just put traffic in smuggled goods on an ex-blood. Dr. Williams' Pink Pills fying, strengthening action on the it, the Bank would bo able to tensive scale. It is estimated that supply strength to the enfeebled blood, and by rapidly increasing Mr. Potter-Absolutely, My say they had not produced a docu- the Government is thereby defraud- organs of digestion and enable the red corpuscles the blond, Lord. If the unfortunate person ment in a certain form, which ed. of a large amount of revenue or the other side is precluded from meant it was not recognisable as monthly. recovering on the note itself, then a numbered note, and therefore she can recover on the original they would be justified in refusing .consideration.
a sense your ease proves itself?
to pay.
The Chief Justice remarked that Mr. Potter agreed that he was he did not think that would help prepared to say that, and went on the respondent greatly in that to quote authorities on the sub-
'ject..
case.
ני
HYPOTHETICAL CASE,
COTTON PROBLEMS.
MANCHESTER'S NEW SCHEME CONDEMNED.
London, Jan. 5.
ly health is restored..
eaten without causing pain or dis- to the nerves and to the whole them to digest thoroughly the food they impart new life and vigour tresa. The good result is seen by system. That is how they havo an immediate Improvement in the earned their world-wide reputation appetite; then the skin' becomes as a remedy for anaemia, debility, clear, the eyes gain lustre, speedi-: nervous weakness, digestive troubles, rheumatism, and. for female allments. Obtainable from The Dr. Williams Medicine Co., Miss N. Harris, of 16, Chapel 60, Klangse Road, Shanghai, at Street, Llandaff, Cardiff; states:-$1.50 per bottle, $8.00 for 6 bottles, chemists "For nine years I suffered the post free, also from miseries of indigestion. I could everywhere. But remember that eat nothing, without vomiting substitutes are never the same as
A TYPICAL CASE.
י,
DR. WILLIAMS' PINK PILLS,
Later, the Chief Justice remark- ed that the hypothetical rat case Manchester cotton circles are Taking Mr. Potter..up on an-might be extreme, and Mr. Potter eagerly discussing the scheme for other point, the Chief Justice said replied that it was a good test for a new Cotton Yarn Association. that assuming.arat ate its way a cose. Although it was not Sir Charles Macara has said into a desk where a note was lock necessary for him to go as far as that he is surprised, that the ed up, and ate away the numbers that case went, he expressed him cotton trade was obliged to sum- and the date, would Mr. Potter self as ready to go na far, if mon a London economist to tell Bay, although there was no negli- necessary, and contended that he them what to do, and he is of
At the London Council meeting. gence, and although the holder was supported by authorities. opinion that no scheme, is likely had done everything he could to Quoting from authorities, Mr. Pot- to succeed unless the claims of the Manchester, a rate was passed by it was reported that the council Sulford Justices yesterday under hall was now fully occupied, and keep the note safe, that the docu- ter referred to ona in which it was Co-operatives are respected. ment was materially altered with held that a material alteration advocates a moratorium for the 400-years-old Act; in future that arrangements were necessary cotton trade to save a "colosal rates will levied by the town coun- to and accommodation outside for but the assent of all parties, and must vold a document.
cil.
some of the council staff. that therefore, under no circum-
disaster,Router.
The case is proceeding.
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