1952-09-10 — Page 10

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Crossley Brothers Limited Marine, Stationary & Auxiliary Marine, Diesel Engines.

JOHN CLARKE'S CASEBOOK

Spare A Copper

Carnival Week at

Southend-on-Sea, and

everywhere you hear

the

jingle of coppers in collect- -ing boxes, and the tinkle of falling into the pennies

street as people aim them inexpertly nt coffers fixed

ол

CHINA MAIL

Established 1845:

WEDNESDAY, SEPTEMBER 10, 1952.

THIS IS HOW STALIN PLANS NEW BUILD-UP

MORE GOODS WILL DE SHIPPED 19-

ALONG THE NORTHERN ROUTE

DINAVIAN

› MURMANSK

LEDINGRAD

MOSCOWO

ODESSA

EZHDANDY

DI

|Black-nger **NOVOROSSTISK

decorated motor-floats

that cruise in low gear up and down the streets.

is The Carnival cause

to provide admirable one homes for old people. But the money-music that goes with it must have seemed to Fred and

Joe to provide a chillingly ironic accompaniment to their trial in the petty sessional court, just behind the Carnival office.

For Fred and Jor had pleaded guilty to being Jointly concerned slcaling 20 pennies from their Cor- employers, the Southend

In

Foration; and 12 of those 20 rence had betrayed them, for they had been what the police called Marked Coins.

Crew

RED and Joe formed the of a bus, Frel, a of 28, Janky, fair-haired man being the driver, Joe, 35, dark and short, the conductor.

Now, on the rear platform of Southend's buses, the Corpora- tion thoughtfully provide either to save the les of conductors, or because the town has an incur- able collecting-box complex--a little box of scarlet wood bearing a label that says "Please put uncollected fares in this box.

To get at the money you have

of a

to remove the box, tear off the label, and shake the money out. Fred and Joe made the inter- the esting discovery that with ald of

pair of pliers, a k

a knife, tube of gum and a stock of fresh the Jabels, they could 1622, yo Corporation the trouble of con- stantly having to simply the box. They took doing it them

selves on the quieter stages of their journey.

noticed.

AFTER a time it began to be of course, bow little conscience-inoney, no 1 suppose you could call it, wea -coming in from Fred and Joe's bus. A watch was kept, and one dry the police pounced from their hiding-place and caught Fred and Joe with the violated box between them, sitting on one of the passenger seats and dividing the day's takings-the 12-pennies

NEW CANALA

Volga

ARCTIC OCEAN

SHARYA BAR

U

MOSCOW'S WATERWAY

LINK WITH TH

BLACK SEA WHITE SEA, & BALTIC SEA

YOMAKHACHKAŁA

Cuplan

NEW HYDRO-ELECTRICAL POWER STATIONS

PERSIA

John Bodle reconstructs

the big industrial developments announced by Rusala.

One of her main objects is to open the interior by building Dorts hundreds of miles up the rivers which flow into the Arctic Oceari.

These ports will feed new industrial zones. And the factories will be geared to help achieve the Kremlin's most important alm an increase of 70 per cent, in Industrial production.

The raw materials for the new industria) belt will be sent

in ocean-going ships sailing into Russia through her Arctic seaports, and then on up the rivers. Now seaports are

BIG HYDRO-ELECTRICAL DEVELOPMENT HERE

IRKUTSK

KRASNOV

KOREA

PORTS TO BE

- EXTENDED

being built others extended, deepened, and ire-equipped. One of the biggest schemes just completed enables ships to all right through Russia from the Black Sea to the Arctic. Steamers coming in from the Mediterranean go through the Black Sea and the Sea of Azov to the River Don. From the Don they can be switched, to the Volga by a new canal. A second canal, 600 miles to the north, links. Moscow to the Volga. Two more waterways give the city access to the Aretle shipping route and the Baltic.

The industrial drive...a five-year plan--calls for big hydro- electric schemes to power the new factories and oil refineries. The planners have also set higher-than-ever jargots for food and clothes production.

YOU'R

BEST

· BEVERAGE · BARGAIN

WATSON'S

TRU-FRUIT CORDIALS

Egypt's Political Parties Begin Self-Purge

Cairo, Sept. 10.

Egypt's main political parties today took steps for self purge as General Mohammed Naguib, Egyptian "strong man", who took over the Government during the weekend, proclaimed as new laws measures calling for a reform of political parties and disintegration of big feudal estates.

The bills were passed a few reign, will be permanently ex- hours earlier during on all-cluded from political activity".

executive of the Ward The night session of the "technicians"

when Cabinet General Naguib form-Party, often mentioned

arresting 50 leading corruption was reported, met in

to élect A. polillelans and forcing the re- Alexandria today aignation. of Premier Aly Maher now secretary-general to suc

Fund Serag el Din, one of ceed and his Cabinet.

ed ofter

reform

those arrested.

bill

The

Saadists,

traditionally

The political demanda that all political part of the landlord class, will parties, clean house. A Govern- meet tomorrow. A spokesman nicat spokesman said parties sald today the party fully sup- had one month purge them- ported General Naguib's moves. The newspaper Al Lewn Al Bolves,

Gadid, organ of the ultra- Wattaniya Party, nationalist today described the now Cabinet as a "higher committee of the revolution."

o re

The spokesman said the bill also applied to the Moslem Brotherhood, ostensibly ligious order, but which has wielded considerable power in The paper sald General Nagulh

had been forced to take over Egypt for 20 years.

the reins when the administra- The Brotherhood, outlawed tion set up after King Farouk during the Palestine war, was was ousted proved inefficient. of The new Cabinet knew what it political assassinations and must do and would do it, it bomb outrages,

accused then of

Aserles

The purso law forbids any

sold.

The English-language Gazetto General Nagulb

one becoming a member of a denied that

who has been was a dictator-Reuter, political party found guilty of abuse of power, receiving money from another Power or other crimes.

of

This means that the arrested politicians, if found guilty graft during ex-King Farouk's

Gibb, Livingston's Appeal Fails

police-and-the-ed by the morning.

by honest passengers.

The

atory was TV LIN magistrates,

one

told to the Mr man,

the

Senior

Court of Judicature Act, 1925. The hear any Appeals from a decision of vided in this Act and to rules of various restrictions on appeal, The

Court of Appeal has jurisdiction to

ment No formal judgment

such minute has the force of a jud to bald hamstit epsponsible for any drawn up unless the Court so orders.

Francis Archibald Francis, head | Puise Judge, Mr Justice E. H. the business; alternatively, against | and they sized the partles folity dents submitted that Paragraph-6 of

of the waterworks, who acted as chairman; and one women,

Mrs Dorothy Grace Fane, who wore a powder-blue hat and a dark-bluo costume,

"We shall adjourn to consider

and the two adjourned,

*

ARED

und Joe were left looking awkward and un- comfortable in the comfortable armchairs provided for pri- schors; and the public in th gallery debated the case in whis pers.

Some of the men. there wore open-necked shirts, some of the middle-aged women look-

ment

of

Radio Hongkong

H.K.T.

0,02,

|

Living Language

Why wo say. On the fringe.

The phrase is nearly always used to describe someone on the outskirts of high society. The allu slon is to the fringes of the garments worn by Jewish priesta which were touched by worship- pers as a charm. To be "on the "fringe" was then to be next to something holy.

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WEDNESDAY, SEPTEMDER 10 By Air

Malaya, Indonesia, Australia, New

C.P.A. Zealand, India. W PAKISTAN

Stam, E. Middia East, Africa, Great Eiritain,

Europe, 4.30 p.m., 3.0.A.C.

Japan, Korea, 4.30 p.m., 3.0.A.C. Formess Okinawa. New York, Canada,

I.K.A. N.W.A.L.

Indo-China (Tonkin onty), (20

4.90

p.m. C.P.As

"By Surface Macho, 1.10 p.m.; 0 p.m., is Lea Hong/Tak Shing,

THURSDAY, SEPTEMBER 11 By Atr Philippines. Guard TÍNwell Ban

Francleco, Noon, via P.A.A.

Indo-China, France, Frezen Nonth West Africa, 4.30 pan, Air Viet nam.

6, Programme Summary; Children's Story Winnie the Pooh (BECTS) — by A. A.... Müine.ath Adventure: Piglet is entirely aur rounded by Water": 0.20, New Light Symphony Orchestra: 630, Forces Bandaland (Cancert Hall)-A Concert by" the - Band of the art Batt. Royal Tister Riftes by kind Permission of Lt. Colonel J. Drummond; DAO. conducted by Mr 1., W. SoarH: 7. Lucky Dip-Variety. Requests pre-

Bam, E. &c W. Pakaian, Middle Courant also pointed to certain sented by Bargherita (Studio); AD, words in Paragraphs 8 which read Weather Report; 8. Time Signal and East, Afcien, Great Britain, Europe,

4.30 ph B.O.A.C. Recital "And their (Le second respondents) World News (London Relay); 8.20, Arthur only interest in the profits thereof Beethoven

By Burface! Macao. 140 p,m,; 4 p.m., a Les lang/Tak Shing.

0.30

by

is my undertaking hereby given to Schnabel (Piano); 8.50, Orchestra of apply the same in payment of all the Week-Landon Symphony Ore Bu now or hereafter owing to the chestra: 9. "Ivanhoe" by Sir Walter said london -(second respondenta)." Scott-Part 2 (DBOTS): 10. Muste If second respondents were to be and song of Scotland; 10.30, Dancing the owners, then such a covenant ime: 11, Radio News Reel (London was inapplicable. Counsel also sub- Relay); 11.15, Weather Report: 11.10. mited that theen was no provision Goodnight Music: God Save The for a re-traster of the business Queen: 11.30. Close down. to Hall on payment of the debts- there was only a provision that the deed was to be in effect until such time as Haich received a discharge from second respondents in respect of all moneys owing, was an `psaignment, of certain pro- perty by the debtor whilst here there was no assignment but a declaration

"

after

1

FIVE-YEAR PLAN IN INDIA

Philippines, N. Borneo, 430 pm.. C.P.A.

Chua, People's Republic, a.m. train v Canton.

Japan, 10 am.. as Straat Makassar. N. Borneo, 10 am... # Detinevin, Malaya. Ceylon, Aden, Middle East Great Britain, Europe, 10 am. Beneruachan.

Philippines. 9.a.m.. is Arendakork.

FRIDAY, SEPTEMBER 13 By Air Japan. Canada. U.S.A., 2 stm.. via C.P.A.Lay

Formosa, Japan, 3 pm. C.A.T. Formsia, Okinawa, Japan, Seattle, Canada, 430 pm.. H.K.A./H/W_N_K

Siam. Burma, E. India) W. Pakie India's Ambassador-Designate tan, Middle East, Africa, Great D-

London, Sept. 9.

Indonesia, 2 p.m., sa Tengring.

no

any

SIDE GLANCES

By Galbraith

example of an agent who financed the The decision of Mr Justice Gould who gavetained in Section 27 of the Supreme

burince; such an agent made himself responsible to his proper third parties with whom judgment in favour of Gibb, Livingston and Co.,

he (the agent) ontoped to con- tracts for his principat. Ltd (plaintiffs), of P. and O. Building, against subject as otherwike Bro-

Counsel peinipa to the wide powers Kuo Chu-hsieh (first defendant), trading under court: Sec. 31 of the Act acts out of control" posbeched by the second respondent] over Halehunder the firm name of the China Casing Company, of right of appeal is therefore, more Parograpti 1, 3 and 5 of the dood

ihose clauses, he argued, gavo second By 9.16. r.5 of our Code, a minute poopdept complete control of the 470A Reclamation Street, and dismissed the actioned in and

of a judgment is made by the Clerk

Regarding・Paragraph 0 of the against L. Rondon and Co., (Hongkong) Ltd of the Cours for the Registrar) and

Axcument whereby linen convenanted (second defendant), of French Bank Building, in

chains mode against the business, Counsel for the appellorifs submitted a claim for $164,466 for return of deposits paid by

It is otherwise in England whate that this clause" pointed to the rela

Monstrip of principal and agent, rather plaintiffs in respect of contracts for the purchase by 0.4, 1 certain formalities are ro

quired, including entry' judgment than costul que trust and trusted, of salted hog casings and hen albumen crystals by the successful party. The judriolet were trustee carrying on ment in the action was delivered on the business, then he was personally which were not delivered, was upheld by the Full November 6, 1991. Had the opel- table, and there was no need for the

Tuming now to the judgment. of lants, then taken any steps to enclature: an agent. Hsieh, of trust without transfer.

the carried trial judge, it is clear to the United States, Mr Gain, Europe, $30 p.m. B.O.A.C.

Malaya, Indonesia, Cayton. W. Court of Appeal in a judgment delivered this force that judgment against Hatch would not be role-his principale there would, ift our view, have been wuk bebut second respondieris,

a London that he had no doubt in his mind as Mehta, told

Press India 30 p.m., H.D.A.C. substance in the argument of second being in position to impose termi

to the intention of the parties, that conference today that in

N. Borneo, Austria, New Zea respondents. The casen eltad by pa him, had by tile clause added to

his burden as an agent and made the transaction was plainly dealing

of the Counsel for second respondents are

schemes land, 430 p.m., Q.E.A. By Buriaca Usereby relieving with creditor and debtor relation sense many contributed-The Full Court comprised the the China Casing Company on a distinguishable from the present case him responsible,

ship, intended to be a security for included in India's 16,000-

Mocso, 1.30 p.m.; 6 p.m., se Loo Chief Justke, Sir Gerard Howe claim for breach of contract; alter in the percent case the appellants themselves of ability.

SUBMISSION

advances already made and to be crore first five-year plan were Hong/Tak Shing. natively against Haich and second were in doubt as to the person from

made. The preamble to the docu- already in operation. and

China (President).

People's Republic, 1, 1.30 respondents joinity as partners in whom they were entitled to redress,

Counsel for the second geapon; ment stressed the indebtedness of

It

was hoped that many a.m., train via Canton.

Philippines, 10 a.m., så Kielirecht. Williams (Appeal Judge), second respondents alone as pros and in the alternative. They, ob-

items of the plan would come.

· Japan, · Canada, a pan, as Barren- Co. had been Gibb, Livingston and

10, fruition within the coming duna prietor of the business. Judgment lained Judgment against Halch; they the document clearly pointed to hea to the second exsporidents given 3 their favour took no steps whatever to enforce that relationship of trustee and cestal que There is, it is true, a declaration of

serted by the draftman to exclude of the deed. "BuainersTM

is wider than produ; it would include five years-Reuter, Ltd, appealed against the de- againes later alone and they could judgment. They now any list the trust; I was, he said, purposely in trust of the business in Pararephi

the ordinary right of the trusted to cision of Mr Justice T. J. Gould not now at to have that fidement earned Judge has made a mistake in

goodwill, tenda : fixtures, and en indemnity from the, costul que the notice rettes

set aside in order to obtain plaer his decision that sich was respon- the (Pulsne Judge). In

dible proprietor and ask for that trust as a consequence the creators, ftings, the premises and all debis have a right to the due to Euleh in connection with the asited appellants

Counsel for second respondents mistake fo be rectified by the setting who normally of motion the that the judgment against

and for judgment to be entered by the trustee,, could not clain mention in the document of the matter," said Mr Francis, High be set aside and juda starred the Court to that line of Aside of the judgment against 21sdeb boneft of the Indemnity possessed business. There is, however,

authority teluding sucti

agreement between äisleh and second cases instead against second respondents against the destul que trust

Counsel for second respondents respondents for the sale of the busi- entered in their favour King v. Hall, 13 B. & W. 4013 Ken- the frote in the English cases are in

dali v. Howith. 4 A.C. 001; McLeod no way parallel to chose in this case, further submitted that the learned now to Chem: there is no escament against the second respondents y Power (1833) Ch.235; Parting To contwee the argument of counsel judge had expressly found that there to them by Hash as the legal or (L. Rondon and Co.), or allerton v. Hawthorne, 3 37, 007, and for comat respondents that the debt was no question of fraud; if Hate of the business for ES BARON MAY against Hsich and also to various Hules of Court to appellants has now been merged and second respondents had desired mention at ang form of re-assignment natively,

our Code of Civil Procedure and in the Judgment given by the learned that the latter should become owner when the debts are paid-alla second respondents jointly.

Rules of the Supreme Court He trial judge so se to debar, the present

of the business, there was no reaso The grounds

CREATED why Haleh, asould not have made

NOT the appeal submitted that normally, a judgment motion, wouds in, our view, be a were: (1) That the Pulsne Judge obtained against one of two joint serious restriction on the right of

- respondente in favour of

The learned trial judes was wrong in

pointed out, that the second respondents werę, game or in a subsequent action; that ; in our Court and, though, the form

the case came to the conclusion that Lo the the relatiombio of master and sez- Counsel, also pointed not the owners of the business certes ist in England did not of opinion

certain exceptions to this normal of the application is unusual, we are

cintises in the preamble vant was not created by the docue manierous of the China Casing Company apply here because of the differance

Da satisfactory

the indebtedness Ufment. This

does not feel that grounds have been put forward for which to the racord portent and be fututed for die TOMBOLA and (2) That the Puisno Judge in our Code, The position, there the disbiimal of the motion. We he contended that this fagiay helped "je" has stated in selling kalde tie WAS wrong in law in holding fore, was that the appellants having | hold, therefore, that this preliminary to confrm that the object, of the decision. that the second respondents were obtained judgment in their favour objections Kala.

document WAK to „establists

**The Zypeal is therefore dismissed | dabarred were now

Başurity relationship between partner with the first gaat mieh

from, proceeding, by way of appeal,

parties. In all view the document and the decision of the Court below

ushed. defendant in the business of the against second respondents. Coun We now turn to the appeal, Coun- was clearly

declaration of tmuxt In our opinion, a reasonable order Through the 23 minutes the

China Casing Company

cited various passages from cases insol for the appellants contended that without a transter such as WHS se to 'costa la: that appellants should. magistrates were out, Carnival

the learned judge had concerned The appellants were

formerly resorted to as security for per three-quarters of second respon- repro- support of his argument.

advances (ed: 3 Halla, p9). The date taxed costs of this appeal mid Bounds trickled into the court; a sented by Mr John McNeill, QC,

himself in his written. Judgment EXERCISING CAUTION

Counsel subenttled, second respon. I ordered. mainly with the question whether a pipe hand, the tinkle of falling and Mx 9. V. Gitlins, instructed pipe

Counsel for the appellants pointed partnership existed betoon Irish dents were the owners of the bust-

Counsel for the We note that ness under the deed, then why second respondents took a pre- colns, a loudspeaker voice say

Mr D.

out that in this case he had asked and the second respondente in, the B. Evans.

should Heich agree to ing: "It's your money we want."

it last the

Mr. Brook A. Bernacchi and for judgments in the three.. alter business of the China Casing Com magistrates re- turned, and the chairman sald Mr D. A. L. Wright, instrueled natives under 0.2 5 of our Code as pany and had given insumcient he was in doubt as to the person attention, to the question, whether to Fred and Joe: "You have by Mr M. A. da Silva, appeared from whom he was entitled to rellet, second respondents were not the was true that the site notios of its nature to Counsel had entered an appearanes (owner of the business, Coʻinsel pre-denta had wkle powers of control for: the appellants. Such a pustice. for L Rondon and Company. Helch

over Hatch but til Helch was which area necesitates an applica escaped going to pri . narrowly

Lion for an adjourment, "is to ba son. We are going to fine you

attend at the the angle of principal and agent in ecated at the busness, The first respondents were but did not to a statement of de-ferred to approach the matter from

fence and did not

rather than that of master and ser- business remained hla byxksera eg 20 each

neither present nor represented hearing of the action. At Uut hear-

Counsel at

vant. He criticised adversely the under Paragraph 3 he was to deal deprecated. centred inainly original ing, the argument That would be nearly 5,000 by

sub-on the ability of second repon statement in the judgment that the with the produce of the Company pennies. He

correct, way of construing the deed though he was subject to control; the pair two hearing of the action or Rave

dents as partners in the China Casing was to regards the declaration of agen by Facedraphí ở it was he who in which, to pay. months

sequently, before the Full Court.

contrests Company or as proprietors but juda- | trust as limited to the profits of the was to enter intor the adjacent In an

THE JUDGMENT

meni was given in their favour and court, 57

burines that construction, he sub thoughs, he was under their control motorists were being summoned

mitted, was to give too narrow a with regard to them. Reading the lengthy written against Haden, Counsel pontended

*IMPORTANT PROVISION for parking and similar offences, judgment, Me Justice Williams dan cases cited by second meaning to the word "business"

no authority pondants were

for which Included not only the profits Outside, the loudspeaker flent said, in part:

holding that appellants were now

but prente zuch" as the glod-will, the Counsel for the sound reepon-

fent

stressed the provision in passed again; "It's your money At the hearing of the appest, dabarred from sppealing against the

premises--in short all the assets by means of which profts are trade. He Paragraph 7 that during the time

Cheung Kit Hol, 42, cloric of wo want it blared, and the Heich did not appear and only the decision. collecting boxes rattled.

The Court, does not consider it further pointed out that, a declare, ile deed was in force. Isich was fest ground of appeal was argued.

act 30 Rodin, or capves of the the HK Telephone compur gelhaith Both at the original hearing and at becerary to analyse at-length the tion of trust of leasehold promisca

was the equivalent of an assignment business. If the second respondents was today charged before, 2är the hearing before vs. the argu-various arguments addressed to it. menin centred largely on the cont 10 Important to exercise a caution of the premises as it was the method atruction of a document under seal before following the English asthe ways adopted for alving persons, the moomprehensible, He also pointed Foon Yan-hol with corruption.

benehotel interest in loosehold go to the wording of Paragraph which The Prosecution alleged that dated October 25, 1960, which rition because of the variation be-

Rules of the Supreme perty. The declaration of the trust in to the effect that nothing in sta Heleh, made a certain decimation |tween the

of the buskie ma therefdencluded

document was to be construed as on Beptember 8 the defendant Cup 1853 by KA Berrion, 201 and entered into various covenants Court and our Code and also ibe law

as to appeals By Sections 28 of the more than gang of the props making wound respondents partners accepted $1,000 from Fang Wal in favour of the second respondents

in the Urnation. it a transfer of for showing fabur to Kwan *A preliminary point was raised by Supreme Court Ordinances Cap,

Counsel for the appellants to ownership had been holended the Yit-bit, manager of the Po Chi Courget for the wecond respondants there is an appeal as of right frons untied, contrary to the view of obvious wording would be as Tonal

Medicine Shop, 208 of Judge. The the learned jugs, that the Centers and we first bound.argument on it. [ every decision We then reserved our doglaton, pro- right of appeal is there given in the

21095 DI PALEh 1 of the oto that nothing was to be construed ceeding to hear the appeal. widest posible terms although thare the crook the Halen was to NC Tak sela Barter Queen's Rid, respecting the in-

face the burtue of the Chinese hoid epondents not by the stallation of a telephone. The prelandnary, pošót, raised was are, one or two limitations

The care was remanded to that the appellente bad asked in the Cheung Bau Tim v. Cheung Tut comwes nok ingementent with document to be deemed partners, it thelooship, of opens and pric-wie w tortlark Count submitted. BLaboment of Camion for Judgment | Lam, 32 21.KNR31). The 2 corres Mesket sich alone as proprietor of pending right in England. la con- cipal for • dini credere saplot was an - Sbry wary not to be deemed g'azars, I feptember. 12,

a doed of 4968” KETON his business ong in law in holding deblocs was a bar to proceedings. appeal. As we have

agsitat the other whether in the there is a very wids power of appeal with right of repurchase on cer careful review of all the videnos in

ed as if they had dropped in to take the weight off their feet offer too much walking on the pramenade,

INTELLIGENCE TEST BOLUTION

The point here, et pourjo, is time the engine of the trilpla do not mattere provided that, in each case, the, cums of their Italative

times taken when ·

Overtakes the second, and 1 the fraty meat on mother.

ar(R) 11/12 - a) and (b)

16, to pass one another, the term

traina tako ti seganda.

London, Exprèse Bergics.

not

y

tho

that

A

- THE APPEAL

tain terms.

.

the

Anacce

the business or to maintain at 21iminary point at the hearing before own experise the export labour. I which he had come prepared to argue though he had given na pré-

The

were the owners, this provision was

CORRUPTION

CHARGE

7.30

CE, ME PAESAR, PUL DI

"Of all my friends, I've selected you for the honour of being the first one. I propose to!".

Printed and published by: Brewarr-Anthur“ Gray "for" and on behalf of South China Morning Post Limited at 1-3 Wyndham Strest, City of Victoria, in the Colony of Hongkong.

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