Case Argued On Ancient English Laws
Guarantors Must Pay
On Bond Broach
Devonport Seaman Killed In Dorsetshire
on
The identity of the rating, who was found shot dead On behalf of Ills Majesty the King, the Attorney-General brought un H.M.S. Dorsetshire when the action before Mr. Justice R.E. Lind-cruiser was near Cairns, North sell in the Summary Court thin morn-
Queensland, on her return voyage Ing ngaluat Yip Kal-cheung and Yip
from Australia to Hongkong, claiming $1,000 for Ka-cheung, alleged breach of a bond, for which has now been revealed by the they stood sureties.
Naval authorities.
Mr. E. II. Williams, Assistant Attorney-General, instructed by Mr. Assistant Crown M. J. Abbott, Solleitor, appeared for plaintiff, and defendants were represented by Mr. C. A. S. Russ.
Mr. Williams said defendants were Bureties in a bend which was between LI His Majesty the King and
one Sang. Sometime in October last, Li to become applied to the S.C.A. lleensee of a bourding house under Ordinance, the Asiatic Emigrants
Boarding House 1015,
the und Ordinnner, 1017. By rule 3 of the Boarding House Ordinance, every must enter uppleant for a licence
to
into a bond with two surelles (j)- proved by the S.C.A, in the mum of $1,000, The licencee was also observe the rules and regulations.
The two surelles in this case were the defendants, who signed a bond with the applicant on November 2 Just at the S.C.A. At the time the licence was issued, Li was given a copy of the Boarding House rules and it was known that this had been displayed in the premises,
According to rule 33 of the Ordin
absent ance, the licencee must not himself from the premises without the permission of the S.C.A. That permission was frequently asked for and seldom refused,
LICENCEE VANISHES
On March 10 inst, a person who had been staying at the boarding house, which was for emigrants to Singa- pore, gavo certain information to the of which a S.C.A. in consequence policeman was sent to the premises. It was then found that the licencee A had been absent for four days. search for him was made for about a week but no trace of him had been found. No permission for his absence has been applied for, and the board- ing house had since been closed.
The bond, continued Counsel, wan a penal bond and, according to the rules, it was deemed a debt due to the Crown if a breach of the condi 1lens was committed. Defendants were asked to pay the $1,000 but they dealed liability,
BASED ON OLD LAWS The Crown's case, Mr. Williams submitled, was that the sum was re- coverable in whole. The sub- mission, he said, was based on the act of Henry VII, which stipulated that all Crown's debts were recover- able, and not on the statute of William III, wbleh had no reference to the Crown at all.
Mr. Russ admitted all the facts, but said his two points were that the fixed figure was an arbitrary without reference to any loss, and that the same penally was enforced for breaches of comparatively great and comparatively small importanco. He further submitted that the Crown must rely on the act of William III, for the bond came within its scope.
His Lordship said that what was left of this act was merely procedural, and Mr. Russ then asked the Court to interfere as to the reasonableness of the penalty and to exercise its equit able jurisdiction that without loss the Crown could recover no more than nominal damages.
MI. Williams replied that the amount was named in the bondi, and if equity was to be taken into con- sideration, the Court would be obliged to place some figure on every section of the Ordinance. It had been laid down that the surelles were able for the amount fixed.
His Lordship gave judgment for plaintiff, with costs, saying that the Court could not interfere to consider the reasonableness or otherwise of the statutory penalty.
STOP PRESS!
NEWS FAL NO REPRIEVE FOR THOMPSON
YESTERDAY HE PLANNED A HOME: TO-DAY. HELD FOR A CRIME HE DID NOT COMMIT!
“WE WHO ARE ABOUT TO DIE"
A True Story A Thrilling Picture .. A Drama with a Punchi
COMING . . QUEEN'S
Ife is Leading Seaman Robert E. Dickinson, of Devonport,
The authorities here are still in the dark regarding the circumstances surrounding the death of Dickinson. At present all that is known in that he was found dead in a result of a gunshot wound.
A coroner's court was conducted at Cairns, but is findings have not been divulged.
In the meantime the Dorsetshire, which had planned a leisurely voyage from Australia to Hongkong, is now speeding at 10 knots for a non-stop trip from Cairns to the Colony. The cruiser is expected here within a week, and immediately she arrives, a full enquiry will be conducted by the local naval authorities.
BIG DROP IN COLONY HUMIDITY
o'clock
Temperature at 10
this morning was two degrees higher than et the same time yesterday, but hu- midity has declined from 78 per cent, to 50 per cent.
The maximum temperature yester day was 77, and the minimum last
ith way ?. པ་་
a moderate anti-cyclone
THE HONGKONG®
TELEGRAPH.
TUESDAY, MAY 10, 1938.
Many Traffic No American Cases Heard Aid Yet For
Bus Drivers Involved
In Two Mishaps
Victims Of Aggression
Claims $4,859 For Short Coal Delivery
Responsibility Argued In Supreme Court
A claim for $4,339.82, being the
price of 174 tons of coal allegedly alert in delivery, was brought by the Hang Shun and Co. ogatust the Kwong Song Lung, before the Chief Justlee, Sir Atholl MacGregor, In the Supreme Court this morning.
Resulting from an accident in Queen's Road East on April 23, when n motor bus collided with the trame
Washington, May 9. Efforts to change the U.S. beacon at the Junction of Murray Rand, Lau Yun, driver of China Neutrality Act, which prohibits Motor Bus No. 414, appeared before export of war materials and Mr. H. R. Butters at the Central
ap Magistracy this morning, summoned arms to belligerents, are
and parontly doomed, at least for for driving without due care
nation.
the current session of Congress.
Mr. H. C. Macnamara, instructed Acting Sub-Inspector B. G. Baker Strenuous efforts have been made said that bus No. 414 was proceeding to alter the Act in order to enable by Mr. G. S. Hugh-Jones, was for the towards the Star Ferry along Queen's exports to be sent to the Loyalists in plaintiffs, while the Hon. Mr. Lep D'Almada, Jnr., instructed by Mr. II. Road East, and turned into Murray Spain and to China.
morning A. de B. Botelho, appeared for Rond in front of a west-bound tram- cor. About the same time, another met his Secretary of State, Mr. Cor-defendants.
Mr. Macnamara sald ble clients notor buy, No. 003, was proceeding dell full, and several Congress mem cast along Queen's Road East, and thers on the subject of the Neutrally entered into a contract with defen- had to swerve to the left to avoid Act. However, Mr. S. Rayburn, dants on October 10, 1937 for the No. 414.
President Roosevelt this
Leader in the House
Bus No. 003 crushed into totives, emphasised that his arrive by the s.s. Haldis on Novem-
to
personal view' way opposent
of purchase of a cargo of coal due to reber 5. They had paid to defendants $44,700, this being the purchase price for 1,803.5 tons of enal, but when the thipment arrived only 1,429.5 tons were delivered. Plaintiffs claimed the value of the balance.
Continuing, Counsel said the de-
opening the question at
Mr. S. McReynolds, Democrat mem- House for Tennessee, ber of the flatly stated this afternoon that the Neutrality Act will not be repeated.
the beacon, smashing it and causing damage to the extent of $00, which pr the Bus Company had since paid.
Lau was fined $10. Mr. Poi Eng-poh, private owner,
for summoned
driving his was vehicle at a dangerous speed in Hennessy Roud on April 17. Tretic Sergeant G. Your said he drove from Causeway Bay to Arsenni Street at
1 Mr. Cordell Hull has prepared detailed report on the operation of a speed of 40 miles per hour at 10 the Act, particularly with reference n'clock at night, and only on ore ur to the Spanish and Sino-Japanese two occasions did his speed fall be-wars-United Press. low 40 miles per hour.
chauffeur,
Chu Kwal-long. 35, n was fined $10 for driving his master's ear without a licence, and $50 for driving at a dangerous speed in Lockhart Road.
A summons against Pte. J. Hart, Royal Army Service Corps, was dis- missed.
owner.
A fine of $10 was unposed on Mr.
Wing-kwong, private Tat when he was summoned for overtok ing another car on the left side.
For allowing an unlicenced driver to drive, Mr. A. R. H. Esmall, of before Mr. Vinge Road, appeared Butters this morning Mrs. Esmail was also summoned for driving a
Car
A total fine of
HITLER LEAVING ITALY
Rome, May 9, Herr Adolf Hitler left for Florence this morning on his way back to Cier- many,
now
fence was that they had delivered to is ellents the whole cargo over the ship's side and had got no receipt
whatever. Ench ΟΣ the parties alleged that the property and the risk was in the other.
Afler denceing with the correspon- sold it was for His Lordship to say whether there had bern
a new agreement between the parties whereby the ownership of the coal changed hands when the cargo was taken away from the ship's side. He submitted that the defendanta were the owners of the coal, that they had full control of the cargo and that they had the right to dispose of It In whatever way they wished,
QUESTION OF RISK
Signor Mussolini, who had seen the
Cheung Yin-cho, managing Fuelirer off, followed in another spe-partner of plaintiff firm, said he November 4
ncestors.-
Mr.
received a letter un
contract 98 per cent. of the purchase
price had to be pakt on delivery. As he had not enough money at the time Lo Wing-chi, he went to see Mr. managing partner of defendant firm, and arrived at an agreement whereby the cargo was to be stored in defend- ants godown at his expense for one
There was only a fraction of an inch of rainfall during the last 24
without a licence. Defendant cal train.
Duce's train having overtaken informing him that the cargo was hours, bringing the total stace Jnnu- sald he understood Mrs. Esmail had that in which the German Chancellor due the next day and that under the aty 1 to 14.78 inches, its compared been driving before in the Philippines was travelling, Signor Mussolint was
so he let her take the wheel. with the
he average of 13.74 Inches.
Baker said able to welcome Here Hitler when he Acting Sub-Inspector
orrived in Florence. The weather report issued by the Mrs, Estali was driving very badly, Royal Observatory this
The splendour of mediaeval Italy states maining timt
so he stopped her.
ved again in honour of the German covers $25 was imposed.
dictator. Florence was in its gayest South Chinn, Fund extends north- Lt. A. C. F. Drew-Wilkinson, of the colours, which were enlinuced by enstwards to Japan. The northern 2nd Bn. Royal Scots Regiment, fail-bright, spring sunshine. depression has moved into the Pacific, ed to answer a summons for having Before leaving Italy, Herr Hitler week. It was, however, never agreed and another has developed over Mon- ineffetent brakes on his car on April is expected to visit Mussolini's birth-thal storage was to be at his own churia. The depression of the Visayas. has moved 13thwards. It is situated journed for a week,
The summons against him was place, where he will lay wreaths on risk.
near, or over Southern Luzon, and
Ko Lam, Chinn Motor Bus driver the graves of Il Duce's appear to be developing Into a appeared in an adjourned summons. typhum.
for driving his bus without due care
Florence. May 9. Loc forecast is North and north- and caution in Pokfulum Road on
A great shout emanating from ten enst winds, moderate; fine generally. March 20. He was involved in on thousand throats shook the air when accident when a coolic in a funerai Herr Hitler and Signor Mussolini procession was knocked down. Mr. came out on the gold-draped balcony D. B. Evans appeared for the defence of the thirteenth-century palace here and pivaded not guilty, and Mr. M. for their last appearance before the A da Silva appeared for the pro-Italian people. secution. Hearing of the case was Their appearance was heralded by fixed for 2.30 pm, on May 25.
trumpeters cind in Afteenth century costumes, who blew a gay fanfare on silver | Instruments,
Seven
times the two dictators
ARMED JUNK SEIZED
Rester.
LAST APPEARANCE
A Hongkong registered junk which was a miniature flouting arsenal. Yung Cheong-shut, 23. private proved a welcome haut for Japanese | chauffeur, was charged with driving Destroyer No, 23, according to the re-a private car for the purpose of hire port of the Master of the now inis at Connaught Road West. He ad-showed themselves during twelve sing craft.
mitted the offence, and was fined $50 minutes. Fong Cho-mun, 47, informed the with the alternative of a month's
here that on May 5 he was hard labour.
past the Sam Ming Customs in the Pearl River when an armed launch tools off from the des- troyer and n a party carrying revolvers came on board. After a brief search,
police here
crew was ordered into the sam- pan and told to row away. The junk was then towed to the destroyer and was not seen again.
were five
On board the junk cannons, 200 lbs. of shot. 50 lbs. of gunpowder and 50 fuses to the total value, including the vessel, of $10,000.
STEADY
UNDERTONE
ON LONDON STOCK EXCHANGE
London, May 9, The London Stock Exchange's new Account opened quietly, but the undertone was steady and there was Home support, believed to be Belgion, for high priced producing gold mines.
Olls and aviations were in demand. On the Foreign Exchange the franc continued to meet with a steady demand, but control prevented ap- preciation. The speculative attack on the belga, arising from the French devaluation last week, continued, and while the spot rate improved against sterling, owing to official support, forward discounts. widened sharply.
Reuter Special.
THREE HURT IN TRAFFIC MISHAPS
Mr. A. O. C. Mills reported to the police yesterday that he knocked down a Chinese, Wong Kam, 80, in Mala Street West, Shukiwan, when driving through the area. He applied hts brakes in
in an effort to avoid the man, but the veklele skidded and hit Wong, who suffered injuries to his face and legs. He was taken to! the Queen Mary Hospitul.
Man Kom, 19, was knocked down by bus No. 135 when riding a bicycle in Prince Edward Road. He was taken to the Kowloon Hospital.
Lau Sing, a man, was also admitted:
DEER GO ON RELIEF
The visit of the two dictators brought many visitors to Florence, but it was observed that none were allowed in the narrowest streets ex- cept
soldiers, police and Black Shirts. The animated murmur í of conversa- in street entes competed with the cruising biting roar of aeroplanes overhead throughout the day.
tion
Herr Hitler, in a statement just before his departure for the frontier, sold: "It has been too beautiful, particularly notleed the truly re- markable friendliness of the Italfor people."-Reuter Special.
Missing Sailor Reappears
The Haldis arrived the next day and he received a letter from defen- dunt confirming the agreement. His Brm took delivery of 100 tons direct from the ship and the remainder was left in defendants' godown.
On December 20 last, his firm obtained an order for 700 tons but they were able to obtain only 480.5 tons from the godown. Prior to this, the whole sum in respect of the cargo had been paid. Defendants sent a reeipt but he refused to sign it as he could not get the 700 tons, and he had never at any time Issued a receipt for 1,603.5 tons.
The case is proceeding.
Nazis Behead Dutchman
On Secret Charge
Amsterdam., Apr. 22.
After lying in a Nazi Jail for more than four months under sentence of death, Wy Cam-. mans, a 44-year-old Dutchman, was beheaded to-day.
Nobody, not even his family, was fold what his crime was merely that he had committed "high trea- son."
Cammana was born in Germany of Dutch parents, and served in the German
army as a boy, without
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losing his Dutch nationality. HONGKONG and SHANGHAI
After the Arinistice Cammans set
חני
to hospital when knocked down by a search by Philippine islands police and married a Dutch woman.
Given up for lost after wecks of himself up as a shoemaker at Venlo, on the German harder of Holland, motor car driven by Ip Fel-sul in had falled locate him, James
He often went to Germany Nathon Roat,
Horking, a 20-year-old AB. in HMS business, and on one of these trips Decoy. walked
British into the
arrested and thrown into Consui-General's office in Manila on he was Friday last week, and informed the prison. He did not come out again, Consul General, Mr. P. S. Stephens, and his wife heard not another word That he was a deserter from the from him.
The Carrullan took place in face destroyer. Portola, Cul. Owing to the heavy snows which Horkins disappeared from H.M.S. of oficial protests by the Dutch Gov- prevent deer from getting their Decoy on March 0, two days after ernment, and the help of a Dulch natural food supply, two herds of the destroyer flotilla altached to lawyer was refused. The trial being 1,000 animals each are being fed by China
售 arrived the secret, no report ever reached Hol- sentence contributions taken up by sportsmen Philippines capital from the Singa- land, and even the death here, at Iteno and the Nevada side of pore manoeuvres.
wan made known to Mrs. Cammans the state line generally.
In a roundabout niner,
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