1929-10-31 — Page 14

PACKARD. PLYMOUTH. CHRYSLER. DE SOTO

Motor Cars,

Sale Agents:

REPUBLIC MOTOR COMPANY

OF CHINA

30-32, Des Voeux Road C.

Tel, C, 1219 and C. 6252...

The

China Mail

Thursday, October 31, 1929.

Ninth Moon, 29th Day.

.BLISHED 大英十月卅一號 禮拜四日

"OVERLAND CHINA MAIL”

SEND IT HOME!

THE WEEK'S NEWS

1845

中華民國已巳年九月廿九日

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HONG KONG,

THURSDAY, OCTOBER 31, 1929.

ILLUSTRATED.

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THE

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ØREGULAR, AND FAST FREIGHT AND PASSENGER SERVICES |

LONDON SERVICE.

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POST OFFICE NOTICE.

Letters and postcards for Europe and the British Isles are for. warded via Siberia if so superscribed.

It is believed that the air mall closed for London on 4th Oc- tober and due to leave Karachi on 20th October has been destroy- ed as a result of the wreck of the "City of Reme" aeroplane last Saturday. A further announcement will be made as soon as de- finite news is received.

XMAS AND NEW YEAR PARCEL MAIL FOR GREAT BRITAIN.

Xmas-and-New-Year Parcel Mall for Great Britain will be closed in the General Post Office at 5 pm, the 8th November per 8.8. "Macedonia."

This mail is due in London on the 13th December;

List of ships expected to be in wireless communication with Hong Kong to-day:—Amalthus, Seattle Mard, Tenyo Maru, Mlike- San Maru, Macaria. Storviken, Yigchow. President Johnson, Kiung- chow, Santos Maru.

From

Japan

INWARD MAILS.

THURSDAY, OCTOBER

Shanghai and Amoy

J

Per

81.

LORRY DRIVER TOPAY NATIONALISATION OF SIR JOHN SIMON AND

COMPENSATION

CHINESE WHO WAS KNOCKED DOWN RECEIVES $50

ACCUSED FINED AS WELL

Remarking that the arused could consider himself lucky to get off at the cost of only $75. Mr. E. W. Hamilton this morning confirmed the penalty imposed Chinese named Li Wah-tung who was last Thursday convicted by his Worship on a charge of driving a motor lorry without driver's licence.

on

a

The Accident The case arose out of a accident on the China Merchants' wharf in Connaught Road West on October 16, when a wharf coolle named Li Sin sustained a fractured left leg through being knocked down by a motor lorry driven by the accused. The acused, who had bought the lorry in Hong Kong, 'was driving it on to the wharf to put it on board the s.a. "Talposhek" for shipment to Kwong-chau-wan, when, in swerv- ing sharply on to the wharf, he ran into the coolie and knocked him down. One of the wheels of the lorry passed over the coolie's left leg which was badly crushed.

No Licence Number

ROYALTIES

LEVY TO BE IMPOSED ON MINING OUTPUT

COMPREHENSIVE SCHEME

Londen, Yesterday.

INDIA

DECLARATION APPROVED BY PREMIER & MR. GANDHI

MEASURE OF AGREEMENT

London, Yesterday.

The Government's mining proposals The fact that the scope of the Simon yesterday submitted the Miners' Commission's enquiry will be widened Federation and the Mineowners' Orto include relations between British ganisation, it is learned, provide Indian and the Indian States is reveni inter alia, for a reduction of worked in correspondence betwen Sir John ing time by half an hour daily from Simon and Mr. MaeDonald, which has April 6 next.

now been published.

John Simon suggested the widen- owners, ink, and pointed out that this would imposed involve alteration in the procedure pro after the issue of the report, and sug- vide financial assistance to the export gested that the Government should

Royalties will he nationalised with compensation for and

levy will be the output in order

trade-Reuter.

on

1

1

to

MACAO ESTATE

(Continued from Page 1.)

meet representatives both of British India and the Indian States in order to secure the greatest possible measure of agreement.

consulting

Mr. MacDonald, after with the lenders of other parties, op. proved the suggestions,

New Delhi, Yesterday.

but in the meantime the parties to that action had embarked on negotia. The Viceroy, Lord Irwin, will lasue tions for a settlement amongst them a proclamation on Nov. 1 on the goal between Mossra. Hastings, Dennys and summoning a conference in London to selves. Then correspondence ensued of Dominion status of India, and is Bowley, solicitors for the plaintiffs, and discuss the future constitutional de- Messrs. Wilkinson and Grist, solicitora velopment. for the defendants, in that action. As

Leading Indian politicians who have

a result of this correspondence, Action already been informed of the purport No. 188. of 1924, was settled and a of the declaration, received it well. deed of release to the trustees of the It la understood that Mr. Gandhi settlement of February 18, 1924, in welcomes itReuter. which all four of the plaintiffs in the

In addition to not being in pus-present action joined, was executed on session of a driver's licence, the ac- February 10, 1925.

Furthermore, as

the lis

UNWANTED DOG

cused did not have a licence num-a result of the settlement ber plate on the lorry at the pendens which had been registered

The Chinese occupier of 543, time of driving it.

under Action No. 188, of 1924, against Canton Road was at the Kowloon all the properties claimed those Magistracy to-day summoned for proceedings, which included all the dis-keeping his black and white bitch puted properties, was vacated by without a licence and with allow- Mesara. Hastings, Dennys and Bowley, ing it to be abroad without a and a notice of settlement of Action muzzle. Pleading guilty, the de

When the case came up last week it was stated that the injured coolie was still in the Government Civil Hospital and was not likely to be discharged for six weeks, at least.

|

Mr. Hamilton-then imposed a fina No. 186, of 1924, in the usual form fendant was fined $12,

of $25 on the accused, but on the matter of compensation to the coolie said that he could not order more than $50.

If the coolle accepted this sum he would lose his title to take civil action against the accused, and per- haps recover more damage from him that way.

1925, was also fled by them on February 11,

Serious Quarrels

Оп hearing this defendant thought he would escape the fine It is clear for the declarations filed by telling the Magistrate that he In the present proceedings that men did not want the dog now, and bers of the Lo family have quarrelled that the Police could take it away. seriously with one another, and the de-

Mr. Whyte Smith: What rub- clarations contain many statements bish! You must pay your And bearing on good faith and Bnancial position of individual members. But first. and I don't care

Commencing Shortly

AL JOLSON

in "THE SINGING FOOL"

AT THE

QUEEN'S

IN

*

WOMEN were his prey-what he wanted, he look!

A big, sensational plc- ture of a man without a conscience, a despoiler of women!

JOHN

GILBERT

THE MASKS

OF THE DEVIL ”

TO-DAY TO SATURDAY At 2.30, 5.10, 7.15 & 9.20.

ONE ROUND HOGAN

with MONTE BLUE.

what you

AT THE

I do not propose to go into them be- do with your dog after this! cause the facts attendant on the set- tlement of Action No. 188 of 1924 are

Further,

Compensation Therefore, Mr. Hamilton made the order for $50 compensation pro- sufficient for the purposes of my de-issue raised in the action, visional upon the coolie accepting it, cision on this application which is made the held that the words "or for other He directed the Police to explain under 19 of the Land Regis-good cause shewn" should read dis- the situation to the coolie, and if he ion provides that where a lis penders where litigation is not prosecuted bona tration Ordinance, 1844. That sec-junctively, and covered other cases than accepted the $50, to get a written has been registered, the Court or fide, for instance, where it is shown order to that effect from him.

Judge may on the determination of that a lis pendons has been registered This morning accused surrender- the lie pendens, or during the pen- against a person not a party to the ed to his ball of $100, and Traffic dency thereof, where the said Court action or where dilatoriness in the Sergeant George reported to his or Judge is satisfied that the prose prosecution of the action is established. Worship that the coolie was willing cution is not prosecuted bona fide, or I am bound by that decision and to accept the $50 compensation. for other good cause shown, make an agree with it but with, as appears to The Magistrate accordingly con- order for the vacation of the registra me. this necessary limitation, that if,

tion." Brmed the order for compensation of:

as a result of finding that an action is $50 against accused, and recorded the conviction against accured, with fine of $25.

Degrees

Temperature, 10 a.m., to-

day

71 Temperature,

yesterday

Humidity, 10 Balay

..Malaya

4 p.m.,

79 ta- day

79 Humidity, 4 p.m., yes-

terday

56

Kator! Maru ..Nagpore

Santos Maru ..Luchow FRIDAY, NOVEMBER 1. Europe via Negapatam (Letters only, Lon-

don, October 2)

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SATURDAY, NOVEMBER 2. Shanghai and Swatow

Europe via Negapatam (Papers only), Lon-

don, October 2)

..Shantung

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President Johnson

3,

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U.S.A. (San Francisco, Oct. 4), Honolulu,

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NOVEMBER

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Per THURSDAY, - OCTOBER 81.

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Registration

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ration Nov. 2,

is taken from s. 2 of 30 and 31 Vict,tion itself may be concluded, this It is interesting to observe that s. 19 not being prosecuted boha fide the ac- c. 47, but that the words "or for other should not prevent the Court from com- good cause shewn" which appear in ing to a decision on the question of the former as a ground for vacating bona fides. registration, are absent in the latter enactment.

Mr. Justice Wood's Decision

TO-DAY TO SATURDAY

Daily at

On the facts of this case as set out

in the first part of my Judgment, it

appears to me that the settlement of

be-

In the case of Wong Wai-him et al. Action No. 188 of 1924 involved the v. Kwok Tae-kwan et al. 22 H.K.L.R., question as to the property in the 'dis. p. 111, Mr. Justice Wood has recently puted properties. It is alleged had to consider the effect of s. 19 of half of the plaintiffs that they agreed the Land Registration Ordinance, 1844. to the settlement and signed the Deed He held that in an interlocutory appli- of Release of February 10 1925, be- cation the Court would not make an cause they were informed by the inter order for vacating registration if to preter of their own solicitors, Messra. 'do so involved the decision of the main Hastings, Dennys and Bowley, that the Deed of Release related merely to the properties included in the Deed of Settlement of February 18, 1924. Knowledge of the statement alleged to have been made to the plaintiffs by the interpreter is not brought home to the defendant, or to his father, Lo Lim yeak, and I therefore do not see how ft can affect defen- dant. I am therefore prepared to hold that inasmuch as the plaintiffs must be taken to have agreed to the settle. ment of Action No. 188 of 1924 on the terms above referred tq, either because they were parties to that ac- tion, or because they were privy to the negotiations which led up to the Bettlement and joined in the Deed of Helease of February 10, 1925, they not prosecuting this litigation bona fide.

2.89, 5.20, 7.15

& 9.15 p.m.

FORE!

STARRING

EDDIE CANTOR

CLARA BOW BILLIE DOVE

LAWRENCE GRAY

A FRANK TUTTLE #oduction

ADOLPH ZUSOR IN0 JESSE'L LAINY"

Bee Eddle Cantor as the comical caddy-master who, whirla hero and Heroine over the bunkern of love...

AT THE

MAJESTIC

athan Road,, Kowloon,

zro

Second Action Impossible. Furthermore it is clearly establish- ed that an action which is settled by compromise cannot be proceeded with or be litigated afresh between the parties to the compromise in any other action; and that a second action be- tween the same parties in respect of the matters. In issue in the first action will be stayed or dimilsaed. Maynard v. Eaton, 9 CH. Ap. p. 414).

In this case it spears to me that a compromise, binding on the plaintifs was arrived at in the Action No. 188 of 1024; and that once that position Is. established good cause has been shown for the vacation of the registration of the lie pendene in the present action. In my opinion, the defendant is en- titled to relief on both of the grounds I have mentioned, the registration of the lia pendens should be vacated, and the costs of this, application should be bald by the plaintiffs to the defendant.

THE BELLS

with LIONEL

BARRYMORE.

The story of a man's

avenging conscience.

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