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The Colony's water
it problem and the steps taken to solve
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the position of prominence. And the "Overland" has a special article which sets forth Mr. C. J. Cooke's well-thought out scheme.
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No. 3A, WYNDHAM STREET-PHONE C. 22.
THE OVERLAND CHINA MAIL.
THE CHINA MAIL,
IMPORTANT RULING
MANAGER'S NEGLIGENCE IN CHEQUE CASE
COURT OF APPEAL
MONEY AND SHARES
On Landoa
Bank, wire
Bank, on demand The Court of Appeal decision in
Bank, 30 days' aight the case in which the Ho Hong Bank, 4 months' sight 1/11 % Bank appealed against a judgment Credits, 4 months'..
of Sir William Murison in favour)
sight
of E. A Barbour and Co. has been Documentary 4 months' delivered.
sight
TT. on London T.T. on Shanghai
FRIDAY, JULY 5, 1929,
Travel Luxury and
feature this new
route across CANADA
Palatial observation cats, radio-equipped, enhance the thrill of magnificent scenes. You see the highest Canadian Rocky Mountains, including giant Mount Rob- BOR, yet cross them at the lowest altitude and easiest gradient of any transconti nental line.
Daily all-steel trains from Vancouver, Moderately priced dining car service. For rates, literature and information apply
Asiatic Building, Hong Kong,
CANADIAN NATIONAL
The Largest Railway System in North America * (SEPARATE AND DISTINCT FROM CANADIAN PACIFIC RAILWAY)
TO-DAY'S QUOTATIONS
.1/11/%
.$83
1/11 % 1/11 3/16
Banks
Scenic Splendor
H.K. Bank... 'H.K. London Reg. Chartered Bank-
$1240 b
£1811⁄2 n
£193 b
2/~%
2/- 1/4
Mercantile A. & B. Mercantile C. P. & O. Bank Bank of East Asia
..£33 n
.£151⁄4 ¤
..594 n
$90% n
Insurances
11971⁄2
Crodita, 4 months'
sight
1272%
On Berlin--
Canton Insurance
.8530 sat $3242 b Union Insurance North China Insurance ....$160 b Yangtze Insurance
.M$60
China Underwriters
$2.10 8
China Fire Insurance
.$300 b
H.K. Fire Insurance
.$770 b
Shipping
Douglases...
$271⁄2 n
12934
H.K. Steamboats
$25% 8
-129%
H.K. Tugs & Lighters
$2,60 8
On Calcutta-
Indo-China (Pref.)
..$45 b
Wire
12984
Indo-China (Def.) ...
.$70 n
On demand
129%
Shells Transport (old) 93/- n x d.
On Singapore→
Shell Transports (new)
On
834
Union Water-boats
.$22 n
94
... $21
On demand
The case was enncerned with a
On Paris cheque which was altered by a On demand. fraudulent clerk from $2,500 to $12,500. During the hearing it was argued that E. A. Barbour, Ltd., (respondents) had not shown sufficient care in the filling up of the cheque, and for the Bank': (the appellants) it was argued that the responsibility lay upon them of discovering what was an apparent fraud.
The appeal was heard by Mr. Justice Deane (the presiding judge). Mr. Justice Burton and Mr. Justice Stevens..
On New York-...
46% On demand Credits, 60 days' sight 481
On Bombay- Wire On demand
'Mr. Justice. Deane said that on inspection of the documents there demand
On Manila- was an unusually wide space left between the words "Wo" and On demand "thousand," such a space as no On Shanghai--
On Yokohama—
ordinary man who wished to pre-On demand vent forgery would leave between 30 day's sight (private his words in any document, and paper) certainly such prudent man filling in a cheque in On demand Singapore would, if he thought of Gold Leaf, 100 fine
(per tael) the matter for one instant, willing-
space 23 no
(Bank's
105
ly leave and the more su if his at-Sovereigns tention had been specially directed buying rate)
.... 10.00 to the precautions necessary in Silver (per oz.) filling in his cheques. There was Bar Silver in Hong the additional negligence of not Kong
making figures near to the dollar Copper Cash sign, so as to prevent the insertion Copper Cents
of another figure, and also the Rate of Native In-
terest neglect to make the "o" properly
PLEASE DON'T
WASTE WATER
Mining
Kailan Mining Ad,
.$3 nx d.
Benguets
63/9 T
Langkats (comb.)
Langkats (single)
T14 3 T79
24 1/16
Shanghai Explorations
.T234 8
Shanghai Loans
.T4.8
.$6.90 b
Tranoh Mines ....
21/- b
3% Prem.
Docks, Wharves, Godowns, &c.
H.K. & K. Wharves
.$124 5
.$35 n
...T4 b
2% dis.
Nominal
7% p.a.
when writing the word "two", The Chinese Sub. Cain.. 294 dis. observation of either of the first Hong Kong Sub. Coin Par. two precautions would almost cer tainly have prevented the fraud.
"Precautions Neglected,"
Every precaution was neglected and complete indiference was shown by the manager with respect to the duty he owed to the bank. Nor could his Lordship agree with the argument put forward on be-l half of the respondents that unless: the spaces were so wide that they could not escape the manager's | notice and the negligence so gross as to amount to a palpable invita- tion to fraud the respondents should be excused. The test to be applied was did the manager, in signing, leave sufficient space, as to make a fraud easy and, in the circumstances of this case, did that amount to negligence? In his Lordship's opinion it did, and the appellants could fairly say that they were deceived by the negligent way in which the manager signed the cheque, and that therefore the respondents could not set up against them the invalidity of aj document which they were induced to accept by the negligence of the respondents' servant.
LONDON EXCHANGES
Paris
New York Brussels Amsterdam Geneva
Milan
Oslo Vienna
London, Yesterday,
123.975
Raubs
H.K. & W. Docks
China Providents Hongkews
New Engineers. Shanghai Docks
Cotton Mills
.T61⁄2 b
.4137 b
THE BIG LOVE LAUGH SPECIAL!
LAURA
LA PLANTE
The Screen's Greatest Comedienne IN
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.T168 n
COMING TO THE
QUEEN'S
Ewo Cottons......13.40 b & sa Oriental Cottons T2.20 b 2.271⁄2 s Shanghai Cottons (old) T731⁄2 b Shanghai Cottons (new) ..T34 b Lands, Hotels & Buildings H.K. & S. Hotels
.$8.65 b .$60 b 61 sa
Public Utilities
4.84 29/32 34.925
32.0734
25.21
92.675
H.K. Lands
Berlin
20.355
Shanghai Lands
Stockholm
18.09
Humphreys' Estates
Copenhagen
18.21
H.K. Realties
.T147 b .T134 L $7.70 b
18.20
HK. Territorials
34.49
Prince's Buildings ......
1634
Helsingfors Madrid
1923
H.K. Tramways .$19 b 19.20 %
33.625
(19.15 sa
108%
Peak Trams (old).
Athens
$75
Peak Trams (new)
Bucharest
817
Rio
5%
1/5, 25/32
2/4 474
1/11%
Prague
Lisbon
Bombay Shanghai Buenos Aires Hong Kong Yokohama. Silver Spot Silver Forward... 24%
1/9 31/32 24 1/16
-British Wireless Service.
JUNK MURDER
JUNK FOKI RECEIVES DEATH SENTENCE
That the forgery was the natural. and direct consequence of the negligence was undoubted. The choque appeared to have been pre- pared with the object of forgery in view, and the forgery was carri ed out as a natural result when it was negligently signed. No ar
A verdict of "guilty" was returned tificial means were necessary, nor by the jury yesterday afternoon at the was it necessary to alter a single Criminal Sessions against Chau Kau, letter to perpetrate the fraud. All the Chinese boat man charged with the that had to be done was to write murder of two sampan girls on March the necessary letters and figures 18.
in the blank spaces. If a ware- His Lordship (Mr. Justice J. R. houseman neglected to take the Wond) asked the jury if they wished precaution to lock his warehouse to add a rider to their verdiet, and on and goods were stolen the theft receiving a reply in the negative, sen-
a natural and direct consetence of death was passed. quence of his negligence in failing quite ammoved.
Prisoner received his death sentence
Was
to lock the door of his warehouse, and similarly in this case the door
Drawing a cart containing a live was left open to forgery, facility pig, a horse bolted over the quay was given for its perpetration, and wall at Poole, Dorset, and both it the Forgery was 3 direct and and the pig were drowned, the natural result of that facility.
driver being injured.
For those reasona, his Lordship thought that the judgment of the court below should be set aside and that judgment should be enter-
ed for appellants with costs in the AGAINST SNOBBERY
Court of Appeal and in the Court below.
Mr. Justice Stevens, in allowing the appeal, said that he was of the opinion that the matter for con sideration was not so much the de gree of carelessness or want of vigilance exhibited by the drawer, as the state of the cheque when drawn. If in fact it was drawn in such a manner as to render dis- honest alteration easy, then the drawer was guilty of a breach of his positive duty to the bank, and the banker ought not to be, held responsible for the result of any such alteration.
A Dissenting View. Mr. Justice Burton thought the appeal should be dismissed. His Lordship said the duty of a cus- tomer of a bank was to draw his cheques as to guard against the possibility of tampering in a way which the ordinary drawer can be reasonably expected to foresee. It was pessible that to forgers of suffi cient skill there were many cheques apparently drawn with due care which were capable of fraudulent alteration. But the duty of the customer was to give no facility; not to give any conceivable oppor- tunity. His Lordship did not think that the cheque was so drawn originally 38 "to facilitate or al- most invite"" the alteration which vas in fact made.
SENATOR TELLS STUDENTS DEMOCRACY IS NOBLER
D
R. ROYAL S. COPE
LAND, Senator from New York, deviated from his regular commence- ment address to the graduating class of Davis and Elkins Col lege, at Elkins, West Virginia,
to contradict the advice of Pro fessor Robert E. Rogers to the seniors of the Massachingêtts Institute of Technology.
Dr. Rogers made a long sprech to the graduating class, advising them to be "anoba" after they co our into the world, in seek their companions frond the socially elite, to desk work among people whobre above them, that that was the only
· pure road to success.
daughter
Star Ferries
China Lights (comb.) China Lights (old) China Lights (new) China Lights 1328 issue. H.K. Electrics (old) H.K. Electrics (new)
Macao Electrics
H.K. Telephones China Buses
Singapore Tractions Singapore. Pref. Sandakan Lts.
Industrials
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Dairy Farms Watsons
Storas, &e.
Der A. Wings Lane, Crawfords Mackintoshs Sinceres Wm. Powells.... H.K. Amusements H.K. Constructions E. Ind. G. Bonds
Miscellaneous
H.K. Govt. Loans
$11.80 n
.$6.05 n .$64.n
-$13 b $18:10 b
$56.85 $
$26%
..$7 n
.T14 b
11/- S .$19/6 b .$28
.$90 ets. b ..$27 n .$2.10 b
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Among other things Profess Mogara spoke of marriage in this
mob. Don't MAITE · the
SENATOR ROYAL & COPELAND bobanographer-marry hter MENTER BLEV
Sed advedību, will not live ap ta Comes Dr. Copeland and simply your responsibilities as an Ameri- annahen this advice to blis with can unless you have a part in all bis own more homes but genuide those things having to do with the common welfare Thero la acthing Don't be knobs Don't try to nobler than to be a sitizer of this marry the boss Gaughter God great Repubila Bless you if you are lucky enough to merry, his stenograpźer."
care not what particular call Be you may follow, Dr. Copeland
Now what's a guy to do? To be orinal to be lobbish, that aɛems to question the post-graduation today.
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