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THE HONGKONG TELEGRAPH TUESDAY, AUGUST 26, 1930.
LAND DISPUTE CASE
CONCLUDES.
I
JUDGE DISAGREES WITH. REMARKS.
An allegation that Counsel; for the defence had obstructed and confused the issues rather than clarified them, was made by Mr. H. G. Sheldon, Counsel for plain- tiff, when the land dispute action was concluded before the Chief Justice (Sir Joseph Kemp) in the Supreme Court yesterday.
You May Try Other Things
But Eventually Give Baby These,
Many people learn by experience and experience alone.. Others wisely profit from the experience of their fellow men and women. Parents of babies and young children, who belong to the latter class, will read and ponder what Mrs. M. C. Dickson, of No. 3 Maradana, Drieberg's "Lane, Colombo, has written regarding her experience with Baby's Own Tablets. For a mother will not lightly recommend for other children anything that has not passed her own rigid tests and It was a claim by the plaintiff, convinced her of its safety and as administrator of Lau Ping, de efficiency. Mrs. Dickson writes:
"I have given Baby's Own ceased, for the assigning of cer- tain property on the ground that Tablets to two of my children, the property was the estate of namely Barbara, aged four years, Lau Ping, and His Lordship would and Melroy, aged two years and also appreciate that that was not Ave months, for constipation, and only set out in the statement of found they did them a world of claim, but that they asked for the
Mr. Potter said he did not in tend to call evidence, but would make certain submissions and prove his case in law.
assignment of the properties by good. I might mention that I had defendant to them subject to all use other medicines before using encumbrances. From those short Baby's Own Tablets, but the relevant facts, he contended that results were not very satisfactory. a most important question of law I think Baby's Own Tablets a very effective remedy for children and I have no hesitation in recom- mending them:
arose.
(Signed) (Mrs.) M. C. Dickson Baby's Own Tablets correct in- fantile indigestion and constipa- check diarrhasa, tion,
expel
The two properties were bought. one 21 years after the death of Lau Ping, and the other 25 years after, with the monies of the Lau Kwong Yu Tong, and the plaintiff now came forward claiming that the property must be the estate of Lau Ping, simply because it was worms, allay fever, colds and bought with Lau Kwong Yu Tong croup. They are especially in- money. He (Counsel) submitted valuable during teething, easing it was manifestly obvious that the pains and thus inducing could not be so. They might just sound, natural sleep. Obtainable as well say that the 14 millions of from chemists everywhere. dollars profit, which was divided between the partners, was also of the estate of Lau Ping:
Failure to Prove.
Lau Kwong Yu Tong money. That was a fallacy.
No Misconduct,
Mr. Potter submitted that the plaintiff failed to prove his case. That firm, he said, carried on in the way Chinese firms were in- clined to carry on, that on the death of a partner his sons step- ped into his shoes, and although the English law showed there was no right of survivorship, they did not take regard of that, the sons being actual partners in the firm after the death of Lau Ping, and had signed the necessary docq- In his address, Mr. Sheldon said ments to make mortgages as well he agreed with most of the points as dividing the profits.
made by Mr. Potter. He referred a "star- They were now contending that to what he described as 25 years after the death of de- tling" change of front on the part ceased, any specific property could of the defence in the early stages be recovered as part of the estate of the case (Mr. Potter having of Lau Ping, because it had been previously explained that on fur- bought with the money. of Lauther consideration of the matter, Kwong Yu Tong.
In dealing with the question of costs, Mr. Potter said the only thing that could deprive defend- ant of costs was misconduct and,. of course, misconduct had never been suggested in the case because it could not have been suggested. Counsel further submitted that defendant was entitled to go be- fore the Court and obtain its pro-i tection
Quoting English Law regarding the dissolution of partnership after death or bankruptcy of one of the partners, Mr. Potter show ed that unless specifically laid out in an agreement to the contrary, that procedure must be adopted, and the administrator could not be a partner of the firm.
According to the evidence in
that case, after the death of Lau Ping, his two sons were invited by the surviving partners to become partners in the firm, which they did, and the firm became re-cons tituted in that way..
part of
Smoke
CAPSTAN
CIGARETTES
HIGH
THEY NEVER-VARY
RUBBER POSITION.
TO JAVA.
Singapore, Aug. 25.
|idened 37,45= Britui-Apnejsna Tumeon g'a, eliberaj L EB-970
THE PROBLEMS OF PALESTINE.
REPORT BY THE LEAGUE
COMMISSION...
year's disturbances in
against the mandate. The task of the Mandatory is particularly dificult. The League of Nations is entitled to expect the Pales tinians. to recognise in fairness, the merits of the system, the international bases of which they are not in a position to challenge. Britain's Comments.
they decided that formal proof SIR CECIL CLEMENTS VISIT would not be sufficient and a thorough Investigation must take. place). The result of that change,
In connexion with his visit to
London, Aug: 25. Raid Counsel, was the pathetic
The report of the League of
The British Government's obser- right of an administrator trying Java, Sir Cecil Clementi, the to do his duty with the aid of a Governor of the Straits Settle- Nations Mandates Commission on
vations say that the Commission British Court, and the most emi 1-ments, informed the Legislative
appears to be disposed to acquit it. ent Counsel in the Colony obs Council that the Governor General last tructing his administration of the of the Dutch East Indies had Palestine is issued simultaneous-of any charge of failure in its estate which he was endeavouring agreed to discuss the rubber in-ly with the observations by the duties as regards the establishment
dustry with him.
British Government on the report of a regime of self-government in Sir Cecil Clementi added that The Commission is of opinion Palestine, and that generally speak- ing the Commission does not call clearly no solution can be achiev- ed as to unilateral action in that the Arab outbreak was part in question the conceptions of the Malaya.
iy Intended to resist the British Mandatory as regards its future.
of carrying out the policy. "It is essential that' we have policy
thorities."
to administer.
Allegation Denied. Counsel added "Nothing has been too petty to be brought up by my friends.”
Mr. Potter:-Then I understand
The Government protests against Administrators' Rights.
you allege we are trying to obs-the views of the Dutch au- mandate, and ia of opinion that
lack of insight in the administra-the procedure of, the Commission, truct? We shall have to deal
Sir Cecil Clementi is returning tion and the absence of propere parte statements, and feels that basing much of their criticism on According to the Partnership with that position some time. That
on Tuesday next, and hopes the Act Ordinance, certain rights not true. were given the representatives of Mr. Sheldon:-Don't interrupt Malayan Government will then be precautions, owing to inadequate the Commission's grounds for be fully informed as to the views of forces, were largely responsible lieving the Arab outbreak was pre- meditated and directed against the deceased, but they were/given no me please, Mr. Potter."
are scarcely adequate, right to come, after a period of 32 Mr. Potter: It is a matter of the Dutch, and be able to formulate for the loss of many lives.
The Commission recognises the British, years, and say "Ah, this property very serious importance to Mr. policy.—Reuter.
delicacy of the position, but re- The Government points out that was bought with Lau Kwong Yu Jenkin and myself and we would
since 1921, Britain has provided Tong money, and the property is like to know.
as deposed to, that the money usedgrets that on certain points the over £9,000,000 to assist the Pales- has was from the late Lau Ping's Mandatory has not yet succeeded tine therefore the estate of Lau Ping," Mr. Sheldon: Nothing
Government, and, farther, particularly when the estate had been too petty to have been raised, tate. never been wound up. In no way which tended to obstruct and con- Counsel further stated that if in giving full effect to all the guaranteed a loan of £4,500,000 in 1927 for expenditure on public. could they claim that property as fuse the issues rather than to there had been à breach of trust provisions of the mandate.
It states that the fears of the works; therefore it claims it has the estate. All he clarify it.
as, he said, was alleged by the (Counsel) was asking His Lord- His Lordship: I don't agree other side, then he would submit Araba regarding their economic not been neglectful in development
obligations.-Reuler. .... was only a technical future, aroused by repeated ship to say was that the property with you Mr. Sheldon, and I will that it was not the property of Lau Ping say that now.
breach and all the beneficiaries Two rights were given to the Mr. Sheldon said if his Lord had agreed to the breach, which sales of land to Jews, would be administrators under the Partnership thought he was Wrong he was the mortgages. If there had largely allayed by a government ship Ordinance. Either that they would withdraw his remarks. not been active acqulescence then agricultural policy to increase the cultivable area and instruct could be awarded by Court'an Mr. Sheldon 'went on to deal it had been passive. · attributable part of the profits on with the evidence, saying his wit- Regarding the breach, Counsel the Arabs in modern methods of the capital at the dissolution of nesses had sworn that the money pointed out that a mortgage for cultivation. the partnership, or, if that was not in question had come out of the $600,000 was now worth
A Difficult Task, satisfactory, they could ask for estate of the late Lau Ping. If $1,000,000, which was a profit of eight per cent of the capital. there was any evidence at all that $400,000, and in any case none of
He submitted it was perfectly the money did not come from the the beneficiaries had complained the Mandatory must obviously.re official text of the British Govern- turn a categorical and definite re-ment's comments on the report absurd to say that the property estate, then that evidence was not about the mortgages. was the property of the Lau Ping's before the Court. The only evi- His Lordship reserved judg-fusal to all sections of the will be issued in London by the
population which rebelling Colonial Office-British Wireless. estate because it was bought with dence before the. Court was that ment.
SALESMAN ŞAM
FOLLOW ME BUDDY - MRS, GUZZLEM'S LOOKIN' FER A MAN, TA HELP HER WITH
A ROCK GARDEN IN HER YARD!
FRESH
CAUGHT
FISH
POLES
KASHEER
HERE
RUDDER AT
THIS TRE TOOB
Far From It!
THERE YA ARE MRS,GUZZLEM!
THIS GUY SEYS IF YOU'LL CARRY TH' ROCKS HE'LL SHOW YA {WHERETA PLACE 'EM!
about
FINE,SAM! THAT'S MORE THAN SOME OF "THEM
•WILL DO!
· Previous - Announcement.
London, Aug. 24. The general report of the per- manent Mandates Commission to the Council of the League of Na- tions dealing with events in Palestine last August and Septem- ber, will be officially published to- The Commission declares that morrow and at the same time the
are
By Small
I'M CURIOUS TO KNOW SOME-BUT I KNOW. IT NEVER THING ABOUT YOU — HOW SEEMS QUITE LONG-
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MUM-
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