1929-05-23 — Page 7

THURSDAY, MAY 23, 1929.

TREASURY WINS

NO LEGAL DUTY OWING TO BANK

CHIEF JUSTICE'S DECISION

VALEDICTORY

(Continued from Page' 1.)

preciation of their services in his Department, wishing them all auc- cess and happiness in their future spheres of action.

THE CHINA MAIL,

IN OTHER PLACES

CHRONICLES FROM JAPAN

TO JAVA

Mr. C. H. Sansom, Superintendent of Police, Singapore, and Mr. C. H. Nicol, assistant Superintendent of Mr. E. A. S. Hayward, Naval Police, have gone on eight months" Store other, presented Mr. Bennett leave of absence. with his farewell gift, and expressed: his pleasure, in view of his own

The protracted action between the Treasury and the Hong Kong and Shanghai Banking Corporation was brought to a finish yesterday in the Supreme Court. before the Chief Justice, Sir Henry Gollan.

impending departure from the Mr. A. S. K. Macdonald is to be After hearing legal arguments on Colony in the near future, to be temporarily and subject to the ap the question of estoppel from coun- permitted to perform such a plea-proval of the King

a nominated sels for both parties, his Lordship] sant duty.

unofficial member of the Singapore) ruled that there was no legal duty) In the course of each of the Legislative Council in the place of owing to the Bank by the Treasury. Senior officer's remarks, constant the Hon. Mr. G. C. Clarke. It seemed to him that it was the reference was made to the sporting forgery of the three cheques by activities of the departing members which the Bank was induced to mis-in local Sporting Clubs notably, the take the signatures of the Colonial | Kowloon Bowling Green Club, Treasurer and the Cashier, when, in Craigengower Cricket Club and the fact, they were not the signatures Civil Service Cricket Club. of these, men. It would be stretch- ing the point unduly if he were to hold that the proximate cause was the fact of the extraction of the cheques.

Arguments were commenced yes. ferday morning and after Mr. F. C. Jenkin. for the Bank, had cited several authorities in support of his contentions that there was a duty owing to the Bank and that by not exorcising due diligence and care on the part of the Treasury officials, the fraud was made possible.

"Scrap Iron" Team

Bishop Ferguson-Davie will leave England for South Africa on May 31 to take charge of the English work at Umgeni North, a growing suburb of Durban. Mr. C. Jones, who had the honour Davie, spent 29 years in India and Dr. Ferguson- of replying first, put audience in good humour by his of Singapore until his resignation the large Malaya, and was for 17 years Bishop witty references to the sporting re- in 1927. cord of the Dockyard Recreation, Club's "scrap iron" team who do.

Throughout the evening,

was ter carried,

SHADOWS before.

COMING EVENTS ANNOUNCED IN THE "MAIL"

ENTERTAINMENTS

Theatre;

To-day- Queen's Theatre: "When A Man Loves."! To-day - World "Body And Soul."

To-day Star Theatre; "Another Scandal."

To-day. Majestic Theatre; "The Patsy."

To-day-Theatre Royal; "The Ringer," 9.15 p.m.

May 24-Queen's Theatre: "Keep Watch," 5 p.m.

Home Mail -To-morrow-Inward from Europe via Siberia ("Morea"), hai, Japan and Europe via Siberia, To-morrow-Outward for Shang-

"Rajputana"), 8.30 a.m.

Lammerts Auction

May 24-At Sales Room, Dud-

NEW ADVERTISEMENTS.

WANTED

with

about 4 years' experience of Accounts. WANTED-Portuguese Clerk Reply Secretary, P.O.. Box 22.

"KEEP WATCH”. THE NAVY LEAGUE (Hong

Kong Branch) have much pleasure in announcing that with the kind, permission of the HONG KONG AMUSEMENTS, LTD. and under the auspices of the St. George's and St. Societies they will be showing the|

Andrew's

film:-

"KEEP WATCH ”

un EMPIRE DAY (May 24) at the afternoon performance which will take place at 5 p.m. white sugar, noon. dell-st., 1,500 bags No. 24 Java sharp in the Queen's Theatre in conjunction with the ordinary pro- gramme.

Land Sales

May 27-At P.W.D. Offices, two lots of Crown land at Prince Ministry Boundary-st., Mong Kok Tsui,

Edward-rd. Kowloon City, and

with the excep-

p.m.

p.m.

Meetings

Co.,

Hotel to serving and ex-officers of May 30-Dinner at Hong Kong the Royal Engineers.

THE CROSSINGS

feated the cream of the Colony's The Shanghai-Nanking Air Ber- talent in a championship lawn bowls vice will be started by the match, of which the players retained of Communications on June 1. a tangible proof in the form of a It is estimated that no fewer trophy which was being taken than 9,000 letters, 40 parcels Home.

and 500-catties of newapapers will

May 24-Meetings of Union Messrs. Magill and Boryer re-be transported each day. Nineteen China Fire Insurance Co., Ltd., and Insurance Society of Canton, Ltd., Mr. Potter Replies

sponded in turn, as also did Mr. cents will be charged for each let-British Trader's Insurance Replying for the Government, Mr. Bennett and each speaker Eldon Potter, K.C., maintained that warmly applauded for apt and

Ltd., at Union Bldg., 11 am,. 11.15 there was no duty on the part of amusing remarks.

By the retirement of Majoram and 11.20 a.m., respectively. Mr. Messer to supervise the office

Miscellaneous the Stanley Leplastrier Symonds, in any particular way for the pur musical members of the Dockyard B.V.Sc., Veterinary

To-day-Distribution of prizes Surgeon, to Wah Yan College boys, 5.15 pose of ascertaining that the Club did Yeoman service. Mr. Medical Department, F.M.S., Malaya cheques had been extracted. There Longyear was an ideal accompanist.loses a man who was no duty in law as decided by Messrs. Turner. Bennett, Crabb and tion of five War years has served previous cases, and, consequently, Hopper regaled with sentimental the country for over 20 years. there was no negligence by Mr. and stirring ballads. Mr. Beer de- Majer Symonds saw Messer.

service in the lighted with the comic clement, and South African War in 1901-2 and in Mr. Stan Stacey surprised with first the Great War. Since his return to class selections on the violin. The Malaya he has been stationed hit of the evening was the "com-Selangor and now intends to spend munity singing" joined in by all and his life in retirement in Australia. specially contributed anonymously, a further tribute to the "Silent

Crusaders of the crossings, taking Service" as represented cords of H.M. Tug "Cherub" and have been made by the Secretary of for thrills a dozen times a day, are the re- the Far Eastern Colonial service their lives in their hands in a thirst staff of HM Dockyard. The poem State for has been duly docketed under Ad Settlements: Mr. W. Daft, Mr. E. H. they are scarcely noticed.

the Colonies-Straits a sight of London so familiar that miralty Fleet. orders X.YZ. and Dagg, Mr. is likely to become a classic in the Jackson, Mr. D. W. Macintosh, and were transferred to the stage these S. Dodds, Mr. G. W If Blackfriars or Westminster tocal Dockyard.

Mr. V. C. Pearson, to be Pro-every-day Coeur-de-lions would be Mr. Longyear, impromptu, sup-bationary Inspectors of Police: Miss applauded for their skill and cour- It had been argued that Mr.plied a rousing and ringing accom- A. Compten, Mrs. E. Messer must be presumed to have paniment, and the combined chorus E. W. F. Gibson, Miss F. L. Michie, called "jay-walkers."

Erard. Miss age. known of the shortage, but the man had a deserved encore-the only one Misa J. ML Morgan, Mias 1. M. B. entrusted with the cheque books did not know and therefore how could

allowed, owing to the extensive Leaky and Miss B. G. A. Smith, to Mr. Messer know?

For they programme,

are jolly be Nursing Sisters. Counsel finally submitted that good fellows" sung with gusto; and negligence alone,

"Auld Lang Syne" in the Phil- which might

Damonie's best style, preceded three Third prove an opportunity for the per-

As to the state of Tsang On wing's mind at the time, counsel submitted that that point had been fully covered by the jury's finding that Tsang believed that the cheque book had come short from the Bank.

Counsel further submitted that no case could be found in the au- thorities in which customer had been held estopped except in the case of where a man knew that

2

a specibe cheque was to be pre- sented.

The following appointments

in

to

LONDON'S STREET DANGERS

As it is, they are

merely

Tons of Danger Traffic pours in and out and across from four directions, hundreds of tons of potential tragedy sweeping. Based on a resolution of the through the streets, and all the National Congress of the time these few stones of human

petration of the forgery, was not Cheers and the Hong Kong Tiger Kuomintang. that arsenals should frailty pick and dash and wriggle in itself grounds for estoppel. HeThe King" was firally honoured by be transformed into factories for their way across. could not find a single English case the gathering who did their best to the manufacture of agricultural im- are killed or injured. Still the sur- Sometimes they where forged cheque had been held give four members of the Club and plements and machinery, and that viyors persist. binding on the customer. It was Dockyard a rousing send off from only one should be retained for the not enough for the banker to show the Colony.

that the conduct of his customer had been careless and wasteful, to

enable a forgery to be made. He

"COMMUNITY SINGING"

manufacture of munitions tional defence, arrangements being made (states the press) to construct.

must show that the customer had

The following are the words of arsenal, the place for caused him to pay the money. The the topical song:- carelessness of the customer could It was the good sug "Cherub"

not yet been selected. not be put forward by a banker to

that it would be built justify his own default.

is incorrect.

The Judgment

His Lordship said that the case

That saved the Chira s9%. The Skipper took his monitey To keep him company.

Some sailors saw it gambling It's photo they did take The shipper was delighted

was an important one, and he had For Five Q they did make. entertained very grave doubts after

certain questions had been answer-The Skipper was not always ed by the jury as to what his judg-A' watching of the thies ment would be. One of the reasons At times you'd find hima bowling,

With Bias" on both sides.

was that the case was so important And when he helped the Dockyard, that it might go further. He had Their matches all to win. therefore decided to hear arguments His "wiggles" and Tom's waggles" both for and against.

Caused many and many a grin.

He found that it was quite clear. on the authorities that there was no Rame Head for Plymouth Sound

So when the ship is rounding duty upon the customer to keep his The Tanks will not need sounding cheque books locked up or to keep or water there abound.

And as the four are shaking

them in his own custody. It was for that last drink at sea also clear from the authorities that we wonder which poor Charley

if he entrusted his cheque books to will pay for t'other three,

a clerk or servant who was dis

honest, and who forged his employ-

er's name on a cheque, the customer

CHINESE PHILOSOPHY

A kindly Government has built for na-safety subways at the most are dangerous crossings. Now and Chinese then a few stray persons drift

which has they are practically deserted, while huge new through them. Most of the time

The report thousands overhead risk their lives in Woosung and waste their time dodging the

traffic.

What is the reason For this per- In the course of a telegram to sistent foolhardiness of the other- the Ministry of Railways and the wise docile Londoner? Is it managing director of the Shanghai- courage, or is it mere perversity? Nanking and Shanghai-Hangchow- Perhaps it is that the thrills and ex- Ningpo ines, local merebants ask citement of "jay-walking" are the that the services of Mr. C. L. G. only adventure in dull, routine Wayne, the traffic manager, be re-lives. tained after his contract expires on! July 1. They say that Mr. Wayne!

The recent Announcement by the

Special arrangements have al ready been completed for a num-

prices are as usual. ber of school children, otherwise

L. M. WHYTE.

Hon. Sec., Navy League (Hong Kong Branch).

Hong Kong, May 21, 1929.

PUBLIC AUCTION Tinstructions to sell by Fablie

HE Undersigned have received

Auction

ON THURSDAY, the 30th May, 1929, commencing at II a.m.,

at No. 27, Humphreys' Buildings, Kowloon.

A Quantity of

VALUABLE HOUSEHOLD

FURNITURE

and

One Frigidaire.

On View from Wednesday, the 29th May, 1929.

Catalogues will be issued.

Terms: Cash on Delivery.

LAMMERT EROS.,

Auctioneers.

Hong Kong. 23rd May, 1929.

THEATRE ROYAL

HONG KONG,

W. R. BANVARD Prevents

THE ENGLISH COMEDY COMPANY

IN

"THE RINGER'

TO-MORROW

“A CUCKOO `IN

THE NEST."

Booking at Moutrie's. Prices: $3, $2 & $1.

is a friend of the Chinese people N.YK. Line of a direct service to and has done much to bring the Havana in the near future doubtless railways to a high state of efficiency, will be welcomed by local shippers and he is a loyal servant of the and will tend to stimulate trade be-

A party of British officers were Chinese Government who has altween the two ports. The N.Y.K.conducted on a tour of the battle-i ways carried out his duties fairly, are about to send their New York fields on the left bank of the Meuse honestly, and fearlessly.

via Panama boats direct to the by Colonel Marchal, of the French Cuban port-eight sailings a year Army.

The following officers of Shanghal out of their present New York sail- Municipal Police have been promotings. They claim that these boats, ed:-To be chief inspector Inspr. running at accelerated speed, will

C. Powell; to be inspector Sub-reach New York exactly on schedul-

was not responsible. The loss nust) It was revealed at

The Inter-Allied Commission. in a Coroner's Insprs. A. G. Groves, E. A. Eva. Ved time, in spite of this deviation. Sofa recommends that the half only fall on the banker because he had enquiry in Singapore that an aged Sharman, J. Watson, W. Hotchkiss; The first steamer, the "Takaoka of the Reparations payments to he honoured a signature which was not Chinese woman had died six days to be sub-inspectors Sergts. E. C. Maru," will sail from Shanghai on in fact the signature of the eus- after falling down at the rear of Stokes, A. Evans, B. E. Boody, July 2

made by Bulgaria in 1929 should be her house in Clive Street, having A. J. Toun, F. V. Collison, H.

postponed

tomer.

Dealing with the point in regard refused during that time, despite Willgoss, R. C. Martin, H. Brown- to duty, his Lordship pointed out the doctor's advice, to allow herself rigg, A. Telfer, W. B. Curtis, L. that it was essential for there to be to be sent to hospital. Her aus Myerscough, R. R. Everest, E. C. duty before the question of estoppel band said she insisted that it was Woolley, F. Hancock, J. W. Taplin, Watson, J. E. Blenkinsop, V. could arise. In the present case the no. use spending money when she matter of duty arose out of the re- was going to die. Iler death was J. Furness, J. A. McFarlane, J. E. lationship between the banker and due to senility and shock from an Philips and G. J. Bennett. the customer. He thought that the accidental fall and a verdict of

authorities had shown that the duty"Death by Misadventure" was re- The death occurred, on April 7, did not arise with regard to the con- turned.

duct of the prdinary business. From

No Connecting Fact There was no fact which connect

in his sleep, at Bankhead, Pang- bourne, at the age of 80, of Mr. C.M.G.,

all the facts of the case, he was, John Dewis, aged 70, and Thomas William Richard Carles satisfied there was no legal duty Dewis, aged 76, deaf and dumb who 23 years ago retired from the owing to the Bank by the Treasury brothers, of Bedworth, Warwick China Consular Service, after a officials.

shire, have died within a few days spell of 33 years' work. Mr. Carles, of each other.

a native of Warwick, was educat- ed at Marlborough College, and en- ed the officers of the Government Hundreds of unemployed youths tered the Consular Service in 1867. directly with the drawing or forging made an unsuccessful attempt to In 1882 he became Acting Chinese of the cheques neither was there any rush the entrance to Liverpool Secretary at Peking, and two years connection between, anything that football ground during a match later was transferred to Korea as was done by the Government officers between Liverpool and West Ham.

Vice-Consul, later acting there as and the forgery of the cheques as a

Consul-General. He saw service at criminal act. It seemed clear the

Shanghai as Vice-Consul in 1886, authorities laid

down that any

then successively he was Consul at negligence on the part of any 'Gov-contractional rate of two

thereon at. the customary or Chinkiang, Acting-Cursul at Han- ernment servant must be in the tum per

per cenkow, Acting-Consul annum from the dates

at Foochow transaction itself.

whereon the amounts of the said and Consul at Tientsin. On his three cheques wese respectively debit resignation in the year following

that the declaration should granted. The declaration was:

"That the said Government is en-

iment."

On these grounds, he thought ed to the general account of the said the Boxer rebellion, he was Consul- be Government, till payment or judg- General at Tientsin and Peking. His Lordship added that it A keen sportsman in his day, he titled to be credited by the defendant amounted to judgment for the plain was fond of cricket, tennis and rid-

tiff with costs, but he would not ing. arid $95142:19, together with interest enter the amount.

corporation with the

Baid

amounts, namely $80,965,30, $75,930,41

He wrote an interesting vol ume entitled, "Life in Korea."

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