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The
China Mail
No. 19,976
WIFE'S PROPERTY.
DOES THE LAW PERMIT DISTRAINT?
TEST CASE OPENS.
HONGKONG, MONDAY, DECEMBER 6, 1926. PRICE, $3.00 Per Month.
£65,000,000 CAPITAL.
1
"IMPERIAL CHEMICAL
INDUSTRIES:
:
CHINA'S WARS.
Coming Drive Against South,
TO BEGIN ON DECEMBER 87
Delay Due Soviet Troop. Mayements?
LEAGUE COUNCIL.
7 FOREIGN MINISTERS TO
MEET.
IMPORTANT DISCUSSION,
N. LAZARUS.
Hong Kong's Only European Optician
Established Over Forty Years. Manager-Ralph A. Cooper, Registered Optometrist (Canada).
TEST OF TIME.
DAVES REPARATION PLAN SUCCEEDS.
GERMANY'S GOOD FAITH
...
Geneva, Dec. ö.
Berlin, Dec. 5, No fewer than seven foreign fully standing the test of time is That the Dawes plan is success. Ministers are attending the
BRITAIN'S LARGEST COMPANY,
Rugby, Dec. 5. The Full Court case was heard
By the registration yesterday" ol this morning in which the Wing On Company claim against the the "Imperial Chemical Industries"
League Council which is opening revealed in the annual report of the decision of Mr. Justice J. R. Woodformation of the company with the there was formally completed the
next week, namely the Foreign Agent General for Reparations king, Dec. 6. Ministers of Britain, France, atatior that the course of events that goods seized on premises biggest initial capital of any bust
Fengtien military circles state Germany, Belgium, Holland, has probably exceeded the exports' tenanted by Mr. W. F. and Mrs.ness over registered in this coun- that it has now definitely been Poland and Czecho-Slovakia. anticipations and pointing out that
tuy.
decided to zen strong forces
The meeting will provide an foreiga loans and other funds have Simpson, allegedly in the passes-
The company, which among other down the Peking-Hankow Rall sion of Mrs. Simpson, must bebjecte, is acquiring shares in Way against the Southern forces Opportunity for private consulta- steadily flowed into Germany tow
tons from which "Import Point sometimes surpassing the returned to her.
Brunner Mond and Co. Nobel In-Some division will leave on De. ant results are expected, capacity of the country to make a "The appeal is heard before Sir destries, United Alkali, and the cember 8.
although the Council itself vantageous tae thereof. H. C: Gollan, Chief Justice, and British Dyestuffs. Corporation, haa A message from Mukden states has a. nowise unimportant The report alludes to the serious!
or authorised capital of $65.00. that the reason for the somewhat agenda, including security, arbi-business crisis at the end of the Mr. Justice Wood, Puisne Judge.
000, and if all the shareholders vacillating policy as regards thetration, reduction of armaments, frat annuity year; when many Mr. Eldon Potter, instructed by of the merging companies ex- despatch of armies southward the forthcoming economic confer-enterprises failed, to the great Mr. E SC. Brooks, was for the change their shares for those of
has been due to Soviet threats ence and the report of the Man- cost of individuals but to the un- applicant.
the new company, the issued capital and rumours of Soviet passing dates Commission and the lat doubted benefit of the whole coun Mrs. Simpson appeared''in par-will total nearly £57,000,000.
of troops on the North Man-ter's notorious questionnaire to try, since industry and commerce, The formation of this huge con-harian border, order to hinder the mandatories.
thereby freed of encumbrances and son, but, in answer to His Lord-
Chang Tuolin bringing his full ship, said she was not represent cer means that the national ex. forces to bear against the South-less will deal with the recent take advantage of favouring deve
Private conversations doubt- complexities are now better able to chequer will benefit to the extent af over £1,600,000 by way of stamp ern forces along the Yangtze Italian and Albanian treaty of rpments. The report pays a duties, property transfer and other
tribute to the spirit of friendly ac. duties and fegs.British Wireless
commodation that has marked the Service...
administration of the scheme. Ger- many has "loyally and punctually i met her obligations; and without difficulty-Reuter, "
ed legally.
เ
Mr. Potter,in opening, referred to the fact that rent was due from Mr. Simpson in respect of the pre- mises in question. Property in the" apparent possession of the
tenant had been seized and that MACAO'S GOVERNOR. property was, in effect, the pro-. perty of the tenant's wife. On # those facts, Mr. Justice Wood,had | > released the property.
DUE HERE FROM LISBON TO-MORROW,
morrow. from Lisbon,
de
of
Reuter,
Hankow Situation........
friendship which is perturbing Jugo-Slay circles, where the arrangement is regarded að veiled protectorate.-Reuter.
+
a
Shanghai, Dec. 5. Chinese reports state that Foochow has been occupied by the Southerners, and all is quiet.
There is very little telegraph SIR P. CHATER'S WILL news from Hankow. The latest, by wireless, states that the situa tion yesterday was much easier, though a number of strikes are going on, and all classes of There is no immediate prospect Tabourers are forming unions.
of a general strike.
il
TWO SOLICITORS ACT FOR PROBATE.
A notification in probate indicates that Mr. R. F. Mattingley one of
A mass meeting was called by the two reserved applicants for pro-
Sonomy,
or
NOT SO INNOCENT.
42
MAN WHOSE WITNESS
FAILED.
"I found him but he dared "not
H.E. Senhor Arthur Tamagniat "Paramount Importance. » The great importance of the de-Barbosa, the new Governor cision, said Mr. Potter, lay in the Macao,, is due in Hong Kong to- decision that, in effect, the pro-
A native of Macao, he was once Chinese bodies to-day for the bate in respect of the will of the say anything because the polico- perty of a "stranger" was not before Governor of the Colony, this purpose of demanding local au-lace Sir Paul Chator, has been ap-man was present," siad a Chinesa
neutralisation of proved to act in conjunction with defendant at the Central Magis distrainable because the court being in 1918.
Shanghai from the surrounding Mr. W. E. L. Shenton, on whose tracy this morning when asked by would release it on application
conflicts, but,, was postponed application probate was originally Mr. R. E. Lindael If he had found under section 21. This was of
owing to the weather, and a pro-made. hibition by the Chinese authori paramount importance to land
there was ambiguity, though he ties-Reuter. lords in the Colony. His Honour's himself emphatically maintained judgment, Mr. Potter submitted, that as a matter of law there was would amount to a very funda-no ambiguity, He was not trying- mental alteration in the law ofto get a right additional to that taid down in the Ordinancer The
EARLIER MESSAGES.
Paris, Dec. 4.. The "Petit Parisien" states that:]
The 1926 prize distribution of the Peak School will be held at the Peak Club on Wednesday, Decem- "ber 22,"at 11 am, when Lady Clementi will distribute the prizes.
A man who, it was stated, had wash- ed some clothes, the unlawful pos-... session of which formed the subject' dr the charge.
"Let us hear what he has to say," said Mr. Lindsell.
Witness, who described himself! as a noodle cook, denied all know! ledge of the matter.
the Colony which was, to all in Ordinance, as the only one in the tents and purposes, the same as Cotony, had to be accepted in its M. Briand, the French Foreign
Inspector Blackmen informed the law of England with the possi-present form and if there was an Minister and Sit Austen
the Magistrate that the defendant! express or clearly implied indica-Chamberlain, the British Secretary not. Bolshevism, Mr. Garvin, in an had been charged last week with a ble exception that, if anything.tion that the landlord's common of State for Foreign Affairs, have article in the "Observer," says, that similar, offence, but had been dis- the law here pressed even more law right had gone he would not decided
act prudently in regard Sir A. Chamberlain is besieged by chared on account of lack of evid stringently on the "stranger." be making the present application: to events in China in order that reactionary advice; and
His Lordship:
have But we
Dealing with the Ordinance it-there may be no danger to Franco-counsels and being urged to rely
panic ence,
Mr. Lindsell: Oh he was not so nothing to do with the law of self, Mr Potter said that it ex-Eritish interesta. Reuter.
on the gunboat policy," against the innocent 45 pressly gives the landlord the
we thought-four; England.
Inactivity Dangerous. Eright to distrain on the goods of
national popular movement in weeks. her subjects, Britain must demon- Paris, Dec. 4
China, to which while protecting strate she is at least as friendly as
11
·
common
ed as detracting from existing ing of a distress. The words "the long without danger-Reuter.
No Intervention..
Shanghai, Dec. 4.
.
LEATHER THEFT.
DISHONEST. EMPLOYEE
ADMITS.
Divisional Inspector P. Grant In- formed his, Worship that the leather had been traced to Macao, where it had been sold. It was the property. of defendant's employer.
Mr. Potter: The only import a ranger." Their Lordships, A plea for a united and active ance of the law of England is when he made the application for that prior to 1888 the common leave to appeal, indicated that it policy by the Powers in regard to
be held China is made by the Petit any other Power, and declare her- law was in force, as varied by might in their opinion
self equally ready to that goods referred to it section Journal," which says:-
accept statutory rights, in this Colony 15 were only "seizable" as dis-mote as best we can a peaceful gradual system of transition which "It is to our interest to pro-liberally and courageously A and that prior to that year there tinct from "distrainable." He was a common law right to the would point out that the whole of and juridical settlement of the must eventually lead to full Chin- landlords in this Colony to seize part 2 of the Ordinance in ques: lations between the European and statesmanship we must accommo- morning, a Chinese was charged be
Chinese problem, namely, the re-ese sovereignty, "Ey concillatory
At the Central Magistracy thia tion dealt with the "making of a goods of a "stranger" found on distress" and as such it was head side at Geneva, and who have ac-progress in spite of all checks of theft of four burdles of leather Asiatic Powers who sit side by date ourselves to the inevitable fore. Mr. R. E. Lindaal with the the premises of the tenant. Ied.
!cepted shall submit (subject to statuary Mr. Potter submitted that the
statute. the national cause, likely to prova or common law exceptions) that whole powers of the bailiff, as de Hitherto the Great Powers within the long run one of the most for valued $1,200, said to have been re-
interests in China have remained reaching movements in the whole cently imported from Sydney. the statute will never be constru- fined in part 2 and consequently inactive, because they are divided, world's history."-Router.
In section 15, dealt with the levy but that situation cannot last
Mr. Lloyd George's Plen. bailiff shall seize' movable furni
London, Dec. 5. ture found in the apparent.posses
The Chinese are simply struge sion of the 'debtor" were, a con
Mr. Miles Lampson, the new gling for the elementary funda- His Worship: You robbed your tinuation of the direction as to British Minister, was given a re mental rights of every free self-re-master?-Yee. his powers of distraint. Mr.
ception by the Chinese General specting "nation," declared”. Mr. His Worship: Are you not asham Petter claimed that the balliff's Chamber of Commeres this after-Lloyd George, speaking at Brad ed?-I did it on account of poverty. powers were not limited to mere
ford. He urged Britain to see jus- I was hard up. "seizure" of goods other than
Replying to the chairman, Mr,tice done in China. He welcomed Complainant said, that the defen- those of debtor.
Lampson said that chaos in China Sir Austen Chamberlain's statement dant had been in his employ for worked to the detriment of traile in the House of Commons, but de-four yeare. He was a nephew of His Lordship: Is it not possible ir China but more to the detriment clared that great pressure is being one of the partners...
of the Chinese than British trade. brought to make the Government do Insp. Grant proving no previous meanings, one of which would de- that these words are for the pro- The British were ready to help something impulsive and provoca conviction, Mr. Lindsell sent the prive a person of common lawtection of the landlord and his China, to remedy this situation, but|tive. He asserted that the record defendant to jail for three months. ]
agent. The law says "you are en this did not mean intervention. of Western civilisation in rights and one of which would titled to levy distress without There could be no question of in-was indeed black, and foreigners not, the court would construe it suffering anything, whether or in accordance with that which not the goods are somebody forvention by Great Britain. What there were suffering from their own
it meant was holding out a sym-greed.—Reuter, would not deprive the person of else's, The fact that the goods pathetic and helpful hand-Rou- China and the Treaties.
are in the apparent possession of debtor justifies you in the seiz ter"
rights unless the language in that Ordinance is express or that the implication is one of absolute clearness in depriving a person of the right he had.
Landlord's Rights. Mr. Potter also submitted that the cases he would cite.went even further in holding that, assuming.
a statute was capable of two
Bailiff Protection.
noon.
J'
Policy of Patience.
London, Dec. 4.
Chino
Geneva, Dec. 4i Acting upon instructions from Peking Mr. Chu Chao-bain, in" a
VISAS TO GO?
PROPOSAL BY GERMAN GOVERNMENT.
his rights.
His Lordship: Supposing the ure." But does that conclude law, before the present Ordinance, the section 7 It is one thing to was such that one could not dis-say it justifies the original seiz- "Whether we like it or not. says statement to the Press, declares
Rugby, Dec. B. train on the goods of a stranger. ure but another to say that the the Sunday Times" in a leader, the Chias is firmly opposed to submis The Foreign Office has cir- If you have what purports to be whole question is therefore con- truth is that the Nationalist septi-ston the Hague Court of the ques- a code of the past and nothing is cluded.
giment which is so strongly man!- tion of interpretation of the Sinocularised the government depart said about that, is there any re- Mr. Potter said he appreciated festing itself in China to-day is an Belgian Treaty, considering the mente concerned making for their peal of that law by implication? the point which was, so far as he ungovernable evolutionary force controversy rather a political than views on the proposal by the Ger Mr. Potter: In the absence of could see, the only one which Undoubtedly it is being utilised to a juridical of China, nevertheman Government for the abolition of an express statement taking could be raised against his case the fullest possible extent by Mobless, will be prepared to bring the visas between Great Britain and away prior existing rights, the It was his intention to deal with cow but the discontent is not in case before, the League Assembly Germany.
As soon, us' replies are received court will construe the code as it later in the proceedings but if itself their creation. It is a clear in conformity with paragraph 2 of permitting the exercise of rights he might anticipate he argument, example of developing national Article 11 oferte Covenant, decision will be come to and com- existing prior to the passing of he would say that, in his opinion, consciousness.
The statement adds that China is municated to German Government, the code.
it was not a fair interpretation. In the meantime the paper urges solved to terminate all unequal-British Wireless Service. Mr. Potter then cited cases in Why should that construction be the British Government to continue treaties on their expiraffed and support of his first argument. put upon it when, before the to pursue a policy of patience, henceforth not accept any Thur
passing of the ast, one of the most -Reuter
contrary to principle important rights of the landlord
equality.
1 Law Ambignons? Continuing, Mr. Potter asid was to seize the goods of a that the highest that the case stranger? against him con
The remainder of the sfelénart] s a defence of Chink's att{bani
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