1930-07-03 — Page 9

THURSDAY, JULY 3, 1930.

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•

THE

CHINA

MAIL.

PUBLIC AND PRIVATE Justics, Kuala Lumpur (Mr. Justice cused's shop are members of the

LOTTERIES.

(Continued from Page 8).

Mr. Braddell: Did the accused over give you any tickets in the Turf Club sweep stake? No, he

gave me numbers.

Did any of the other employees gat any tickets given to them?

don't know,

Did you actually pay him any money?—No.

Do you remember being given a $2 chance in any share of some tickets?—Yes.

Accused had five tickets which were divided amongst a whole lot of people, who were children and employees, and a whole lot of people had shares in these tickets?--Yes. Did you pay $27--No.

Mr. Pedlow, at this stage, made an application to amend the second charge against the first accused so that it would read that he "sold or offered for sale or gave" lottery tickets.

This application was granted. This closed the case for the pro- Bection.

Case For The Defence.. Opening the case for the defence,

Mr. Braddell submitted that no offence had been proved, and that it had been clearly proved that the tottery was a private one.

L. H. Elphinstone). It was a case Singapore Tarf Club, and that fact in which Lim Liary Gush (a married disposes of any idea the witness woman) sued Loo Ah Qush and Lim, Rahamin' might have created about Tian Hock. In that case the first the others, besides himself, having defendant was a member of the, agroad to pay the accused ten per Selangor Tarf Club, and the plain-'cent, if they won. Would a mem tiff was not, The second defendant ber of the Turf Club agrée to pay acted as her agent to get the ticket, ten per cent. if he happened to buy from the first defendant, and get the ticket in this way? I don't the money If a prize was won. think' you can say anything to that question but no. Any agreement of that sort would be absolutely useless unless he got a written contract, for the judgment of Justice Elphinstone would make it impossible for him to deduct it."

A prize was won, and the defen- dants did not pay, and the plaintiff sued and was successful, getting judgment for the amount won: Her counsel were Mr. V. D. Knowles and Mr. Hastings, and Mr. Briggs was for the defence.

Mr. Braddell then referred to a Mr. Knowles called Major Fox, ease which he had seen in the news- the sacratary of the Selangor Turf papers which had recently taken Club, and he gave almost the same place in Kuala Lumpur, in which evidence as Mr. Todd had given, Mr. Justice Farrer-Manby delivered and there were precisely the same judgment. They had not got the conditions in that Club as there are record of that case, but if the learn- in the Singapore Turf Club, Mr.ed Judge was correctly reported Briggs took the point that the lot there was a good deal of what he tery was illegal. He said that the had said, which, in all respect, he (Mr. Braddell) thought was in all action was barred by law. He re- ferred to the enactment in the eventa very arguable. F.M.S. In connection with public lotteries. The evidence in the case showed that it was a common prae- tice for a member to obtain tickets that for a friend. Ho submitted the evidence thus showed that the public had access to the lottery.

Mr. Briggs's main submissions were that the plaintiff's object was to win money in a sweep to which the public had or might have ac- coss, and secondly her object was to obtain money through the pur

act was forbidden by law.

The hearing was adjourned until July 4-Straits Times.

BOXING.

ABDOMINAL GUARDS FOR PUGILISTS.

· HONG KONG STOCK EXCHANGÈ,

Opening Daily Official Quotations 3rd July, 1930.

Buy Sell Sales Nomi

STOCK

Banks.

Hong Kong Rank Chartered Ban's

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10

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Mercantile Bk., A&

Bank of Asis .........

Insurances.

Canton Ins..ith Union Ins...... China Underwriters ...$ China Fire Int.

H. K.. Fire Ins.......

Skipping.

Douglases

----

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450 447

i

$400

H. K. Steamboan ...$

Indo-China (Prel.)....$ (Del. ...$

Shell Transport

Union Waterboats

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4/

Kallan Mining Ad. B/-;

Langkat (Comb.)... Ti,

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S'hai Exploration... Tx. 1.30

Th

New York, Yesterday. Henceforth a low or foul blow will not disqualify a boxer in New York State, whose Boxing Comb

Loans

Individuals and firms are recommended to register their telegraphk | but at gaming in a common gaming chase of a lottery leket, and that i mission has decided that pugilists Tronab Mines .................. |

addresses at the Radio Office.

No charge is made for this.

· INWARD MAILS

From

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JULY

Per 8.

Japan

.Tjiliwong.

Europe via Suez (Letters and papers, Lon-

don. June 5 and parcels, May 29)...Kalyan Japan

Shirala Canada, U.S.A., Honolulu, Japan and Sheng- hai (Vancouver B.C. June 12) and Europe via Siberia (London June 12)........Emp. of Canada.

FRIDAY, JULY 4.

*Japan, Shanghai & Europe via Siberia (Lon-

Yuen Sang

President Madison .Nellore,

SATURDAY, Shanghai and Swatow Java

don, June 14) U.S.A., Canada, Japan and Shanghai- (Seattle,

June 14)

JULY 5.

.Karmala.

.President Pierce

Shantung. .Tjisaroea.

SUNDAY, Calcutta and Straits

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TUESDAY, JULY 8.

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Japan, Canada, *U.S.A., *C. & *S. America and "Eurėpe vin Victoria, B.C.

The Chief Justice dealt with the case as law in contract,

and the

The Ordinance, as his honour was aware, was aimed not at gaming,

house and at public lotteries, He then read a passage from 11 commentary on the Ordinance in extract of which is as follows: position of the parties, and having "The Ordinance was aimed not at settled with that, he said: "On the gaming but at gaming in a common evidence in this suit I hold that the gaming house and at public lotteries. sweep stake was not a lottery to Quoting from his Commentary Mr. which the public had access, and Braddell read: As there seems to not a public lottery within the be a tendency to regard gaming, meaning of the enactmont of 1912" lotteries, and betting as mattera Mr. Braddell, continuing, said repugnant per se to the law, it that was obviously good law, be- will be B.S well to see how the cause if the fact that an outside Common Law regards them. Gam-person could buy a ticket from a ing, by playing at cards, dice or any member showed that the public had other games, when practised with access to the lottery, then the lot- out fraud and as a recreation, is nottery was illegal, and all the trans- an offence at Common Law. So, too, all wagers not against the prin ciples of morality, public decency,

sound policy

held

or

were

trying them."

must henceforth guards.

wear abdominal

Docks, WharvSI, Godowns, &c.

A clause in a boxer's agreement will provide that a contest be not H. K. K. Wharvens terminated by afout blow.

This resolution is the result of a

request by the managers of Sammy Mandell and Al Singer for a ruling to prevent their lightweight cham- pionship contest on July 17 ending on a foul-Reuter's American Ser- vice.

RECORD RUNNER.

EXCHANGES

TO-DAY'S QUOTATIONS

On Lendon-

1/3

Vancouver, Yesterday, Eddie Tolan, the Michigan run- actions of the Turf Club would bener, did the 100 metres in ten and illegal. "Therefore," Mr.. Braddell one-fifth seconds, creating a wunt on, the president, committee world's record-Reuter. and officials of the Singapore Türf good at Common Law. Lastly, lot-Club would all be guilty of assisting teries at common law are profectly in a public lettery, and your court legal. Therefore gaming, batting would be full for about six months and lotteries are not mala per se, and it will be seen that the first "If I have established the point and the last only are mala prohibita that the lottery is a private lottery in this Colony: betting is legal. then I have established the point These facts are important to be that the sale of a ticket in artha borne in mind for, as the Common lottery is not illegal. Therefore, if Gaming House Ordinance is the the sale of one-ticket is legal, the one which causes these things, lega! | sale of a thousand tickets in themselves, to be illegal, it is equally legal. There is no virtue in necessary to see that the Ordinance numbers. If he had sold a thou is kept well within its four walls sand tickets it would be no different and not extended under any mis- than if he had sold only one, for by taken idea that the mischiefs doing a legal thing a thousand times against which it is aimed are such it still remains legal. The submis-

On New York- as are repugnant generally to the sion is absurd that because an out-On demand July 4, Noon. law and not specially to this parti-side person may buy a ticket in a Credits. 60

.....1 p.in.cular law,"

private lottery that by doing so he

sight makes it a public lottery. You On Hombay- cannot so convert a private lottery Wire into a public lottery, or otherwise ('n demand you would not be able to have a private lottery,

4.p.m.

4.30 p.m.

11.90 a.m.

St. Albans Due Thursday Island July 19.) Parcels

... Noon. Registration

1.45 p.m. Letters

Haiyang Kalyan

Canton

Emp. of Canada

Siberia Maru

Shanghai and Europe vla Siberia Siberia Maru

Straite, Ceylon, India, Mauritius,

Registration Letters

2.30 p.m. 1 p.m. 1.30 p.m. 2 p.m. 3.80 p.m.

Therefore, he said, betting was legal. Also once they had got to a private lottery they had something that was quite legal, and it would be admitted, he was quite sure, that the sweeps run by the Singapore and Selangor Turf Clubs were private lottaries, and, therefore, lexal...

Is

His Lordship: Exactly, that is the whole trouble.

Bank, wire Bank, on demand 1/3 gank, 4 months' aight 1/3 % Credits, A months'

sight

1/4 Documentary, 4

months' sight.... 1/4 %

Da Paris On demand

7724. Credits. 4 months'

Bight

H. K. W. Docks...$

China Provident...... Honglew

The 1905

N. Engineerings... The Shanghai Docks ...Tia.

Cotton Milla.

Evro CorionaTla

Shanghai Cotton...Tis.

Zoong Sings.......TIR.

Lands, Hotels & Buildings.

H.K.

*****

*+

፧ - ፡

i

*

kes

173

you

15.85

* * 3**; * BY :: § 958; :

Year

91

Last dividend and when paid

Deo. ¡ ĮVinal £i nje 1929 Deo.inboun

ex.1~u.ts) | Feb. 94, 30 Apr. 9, 30

1929 lasa 1/Tax, Ape, — 80

Feb. 28, 20

Dec.

*

Dec. 18 for 1029,,

•

Doo Via 15/- for 1981

Deo 1-45-May 18, 20

loteria 24 ja 1993

Doc. Nons

Interim $19 al 1955)

Dec.

Final

far 192

bonus $4)

Interim 6 AM 1999,

#17 for 1958'.....

May 30, 20

18 May 80, DO

Mar. 25, 20

Dec.

Doo

Last livlend for 1934

Den, 11-60 for 109

{12}- WK. Eli on preferred) Mar 4, 20 Laz, 2054 Real 1925 | June29, 2

Pendlag Mar, 10, 80

· Last ilividend for*1981 ....................

1x for 19

97/G Deo. [FI - Compan No, to frew),

Doc. 1-50 for

Dan. Interim 15 centavon 5/c 1922- Apr, — 30

31/9 June(Intarien 17 tros Tax

Uuupon No. 37 year 9-6-30) June – BO

Oct. T. 0.00 for year 31-10-29 .................. May 8, 20. Doc. None

Dee. Ist klood for 1929 Mar. Vinal it year 81-9-30

11- Doo, Intorica éfil, Jans tax

June 19, 30 Mar. 81, SO

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+

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Dec.

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Deo.

Final T. 13 m/s $95) m

Mar. 31, 80

Deo.

T. 0.50 for 1929,000.

Fob. 25, 80

Apr. T. 7,30 fuF THAT 3-429 OTHER TA

July 87, 29

Des. | Frial T. Bảo tất

Mar, 17, 80

[Apr

and

only for ball year

IT. His now

304-30...

Oct

May 28, 20

Jane T. 0-50 for year 30-4-

Oct. 11, 20

H4

Dec. 50 cent fur 1929.

·Deo. Final #n/o 1909., Dea. Final T. 6 ajo 1929,

16.60 Dec. 80 cent for 1929...

+3

10.25

Shanghai Lands...Th. 285 Humphreys

H. K, Realties

Chinese Estater

Public Utilities.

H. K. Tramways Peak Trams (olá)

(new) ....$ Star Ferries

++

China Light (old) ...$ $17.70 17.00 (new)....

**

H. R. Electria .............. Macaq

Sandakan Fights

༴ཤྩ༔:æ

⠀⠀ IT

Dec. Faal 30 seats aƒe 1929 entert

Fab.. $4 for your 13.2.08

Apr. 7, 80 Feb, 19, 80 Mar. 19, 30

May

30

Mar. 94, 80

June 6.99

Der Flual henta a Aprel oz now!

Sopt Intela ajoy,

.

Max. 18, 80

Doa,

180 eta, on old) for year

for 1090,

June 16, 30

Feb. 14, 30

May 12, 80

60:

Dea. #250 for 12) ....................

Маг, 19, 30

123

Dec

***

June Nano

... 92 (96 palj

Dac. Finnile

140 cent

Mar, 15, 20

Peo,

T, U, RJ for 1280

Feb. 25, 80.

Sept. (1/4) on próferencs shares)

***

18,6

Feb. 6, 30

P

$30 ....... Tls. [18]

S'poreTracionsOrd.p/-

(Prof.

Industrials.

847

H.K. Telephones .....

fully paid

China Buses

B033

days'

32

84

China Sugins

84

Malabon Sugars......$

on demand

On Calcutta- Wire ..

Calds Macg. Ord... Th

84

Fref...Th..

"

84.

On

On Singapore- demand On Manila—

54

Canton Ice Canton (comb.) ...........$ (old).....$

19.35

(new).....

61

H. K. Rope

***

10.60 10

United Arberto

Taels 82 12% dis..

15 9/16

2% dis. Nominal. 3% prem.

On Shanghal- On dentand Dollar ......

Ou Yokohama- Silver (par oz.) .... Bar Silver In Hong

Kong Copper Cash Copper Centa Rate of Native In-

terest

4% 3.8. Chinese Sub. Cola .. 24% dis. Hong Kong Sub. Cola Par.

Mr. Braddoll: What the law ob jects to are lotteries where there is "A Legal Contract." the danger of choating or damage. | On demand "Now suppose I, a member, take If the law likes to let the Turf Club a chance in the Singapore Turf hold these latteries that is all right, Club aweep atako," Mr. Braddell and the Gambling Suppression De 'continued, “and I sell it for $5.partment cannot turn their private Suppose I win" and take the whole lottery Into a public lattery by (Due Victoria, B.C. July' 26.). prize and keep it. Then you get saying that some member has given Registration July 4, 4.15 p.m. your answer to the question of the his ticket to his servant. You can- Letters....... .............5 p.m.legality of this practice. Can you, not turn a private lottery into a who bought the ticket from me, public lottery. It must be either July 4, 5 p.m.aue me and recover the stake? If one or the other. If you can do so, ...6 p.m. you can, there can be no offence in then it is Mr. Todd, the secretary. doing what this Towkay has done. who should be standing in the dock If you cannot sue me, then it is not on a charge of managing a public a fagal contract, and it is a lottery. You see the argument Is (Due Marseilles, Aug. 3.) offence.

nonsense. All these years the G.P.O. ་ ན

"If a member of the Club gets a Attorneys-General of this Colony, Parcels

July 4,5 p.m. ticket "and sells it to a friend who members of the Bar and the Gambl Registration ..July 6, 9.45 am. la not a member, and then takes the ing Suppression department bavé ...10 a.m. Latters

.10.80 a.m.winnings, and will not pay his been working on the impression SATURDAY, JULY 5.

friend, the friend can take him to such as I have put to you, but now Manila, Australia and New Zealand

the Supreme Court, and the mom we are told that somebody can con via Brisbane

bor must lose his case. The judge | vert a private lottery into a public ........ will give judgment against the lottery by giving tickets to his em (Due Brisbane July 19.). member, and that shows that the ployees and selling them to his Registration................. 4.1ḥ pan. transaction is a legal contract. friends. If that were so the whole Letters

....5 p.m. Otherwise it could not be upheld by of the Turf Club would be concern- Preslocht Plerce..

4.30 p.m.

the Supreme Court."

ed Five of the persons mentioned Mr. Braddell then went on to cite in the documenta seized by Mr. a case which came before the Chief Tongue when heralded the ac

E. & S. Africs, Aden, Egypt & Europe via Marseilles

Parcels

K.P.0.

July 4, 4.80 p.m. Registration July 6, 9 a.m

•Letters

Mánila

Karmaln

Brisbane Maru

Superscribed correspondence only.

LONDON EXCHANGES

Rugby, Yesterday.

123.65 4.86 7/92

Storas, c. Dairy Farms Watson

Der & Wings...$ Lane Crawfords ... Mackintoshansıs

Sinceres

Wm. Powells $

Miscellaneous,

H:K. Amusement.... H. K. Constructions..$

B. Ind. G.S' Bonds

$26.60 25.00

H. K. Gori. Lauma...$ Ch. Entertainment ...$

:༴༴༴ y ྃ་ :se༴ ཀྰ་ ིི་ཡི

Bubject to income tax

Lis Jarušikation,

Apr. 11, 92

Dea, P. 3 Ier 1999

Doc.{0.487 montba Apr. 30, 30 July None

150 cm ott aid for 1929 Mar. 19, 30 Deo,

{04 contemnum}

Des. Last dividend for 1994.

***

Dee,

1,60 for 1929

Mar. 14, 20

Oct. 7 cents for Fair 11-10 far. 31, 30

8.85 Feb. funt dividend for year 29-2-20

18

Fol. $2 far pexi 257-2-30 mm Slay 15, 80

11.80)

414

g

185 Feb. 23 cents for your 23-1-29 Jan 10, 29

Mar. 2 on Proterrod for year 1.00 Dec. Nons

191.80 on Deferred) 30-5-19 July 25, 29

Interest half yearly.

50+%

Paris New York Brussels Geneva Amsterdam Milan Berifa Stockholm Oslo Copenhagen Vienna Frague

84.815

25.076

12.09

02.78

20.985

Helsingfors Madrid

18.10

Rio

18.15

18.165 24.43 1031

Lisbon Athens -Bucharest

Bombay

1983 41.50 54 108.25

'Buenos Aires Shanghai

Hong Kong

876. 818

1/5 13/16

.39%

1/6 4 1/8/ .2/0.18/82 15 9/16"

Yokohama

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