1921-06-17 — Page 3

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CHINESE CUSTOM AND ENGLISH LAW.

MUT OF 1883" QUOTEI

IN SUMMARY COURT ACTION.

Before the Paísne Judge (Mr. J. R. Wood) in the Summary Court, yesterday, the Kat Chenng firm sought, to recover from Long Man. Cook and Wan Shan sums of $143.3 and 8677,30,"respectively, being balance due for goods sold and money advanced by the firm to the deferillants.

Mr. F. G. Vaux appeared for the plaintiffs and Mr. W. 1. Hind for the defendants.

TAK HONGKONG DAILY RESS, FRIDAY, JUNE 17TE, 1991:

BENEFICIARY AND HIS

TRUSTEES?

"DECISION AS TO THETIK LEGAL

POWERS.

WITH SIDELIGHTS ON THE HOUSING PROBLEM.

The Poisne Judge (Mr. J. R. Wood) gave judgment, yesterday afternoon, in the Summary Court, in an interesting caso connected with a will.

ALLEGATION AGAINST EUROPEAN POLICE OFFICER. ARRESTED MAN'S - INJURIES.

VERDICT OF CORONER'S JURY.

SPORT.

ORICKET

After being postponed on several occa sions the final match in the Garrison Cricket Longue was played at Happy Mr. 4, N. Orme was pecupied, as Wiltshires and the Royal Engineers. Valley, on Wednesday, between "D" Co. Corner, for two afternoons this week, The R. E. toos first knock and found that in an inquiry into the circumstances of Mellonell and Parton were wading down the death of Tse Cheung, a wharf coolie, duceed only thirteen runs, Redpath, who good stuff, as the first three wickets pro- of Wa Ning Lane. The deceased opened the innings, played fore:ful, sustained fatal injuries whilst endeboard register the

cricket and remnined in to see the store curing to avoid arrest for gambling, onion being their they his tribu- include a hit over May 25th.

the The members of the jury were:-Mr. behind the fur gave a

a chance A. D. Humphreys, Mr. F. H. France and figures. Twinings closed for 115

before he reached doable Mr. J. 1. Tavares.

17 The Witshires started well, and Mr. widow

McDonell. when nicely set was 1bw, to who was well assisted by a smart fald, Townsend for a well-played 18. Pearson, played havoc with the tail," and the Wilts were dismissed with a total of 90,

Scores: by 23 runs. teaving the HE winners of the Erague

Mr. Hall attended on behalf of the

Mr. Leo D'Almada represented the plaintiffs and Mr. Watson the defendants. The defendant. Tai Tung Lidi, was the sole beneficiary under a will in respect of The facts. 21.9 to which the parties Property at 288, Queen's Road Central agreed, were that the defendanta were in This was reated at $170 a month, but be the employment of the plaintiff firm for en written undertaking to the plain, a period exuding six years down to the tile, the Kung Hang Wing arm, to let it last Chinese year when the business was defendant, however, did not attend at the to them at an enhanced rent of 220 The closed. Under their service they became solicitor's office to Fomplete the agro (Lance-sergeant entitled to wages and commission. They received neither, but amounts were credit he could not get his fellow trustega to ment. His explanation in Court was that rd to them by the firm in its accounts agree to turn out the present tenant in The defendants, received goods sold, und favour of the now ones. The plaintiffs - advance of money from the arm, and these said that as the defendant put his name zumonnis were debited against them. A to the undertaking without disclosing any balance was struck at the end of the Chilimitation that he was under, he was teme year and wis for some years against liable for damages: plaintiffs claimed the defendants. The plaintiff claimed the 870 damages and the return of 3220 paid final balance against each defendant. Liability was disputed by the defendants | in respect of those items which were mare

than three years old;

as deposit.

bserved that the defendant signed the In his judgment, the Paisne. Judge

proliminary agreement for the lease, with his own name, without disclosure of any capacity in which he was signing. The plaintiffs had no notice and no knew. esige that they were dealing with the defendant as trustee, or in any limited enpacity,

Mr. Hind referred his Honour to the Limitation Act of 1623 which set out that alf action for debt must be brought with in six years after the cause of actions. The Aet constituted a total prohibition int a decision given in a ense în 1827 häid 1 down that a verbal acknowledgment of As to the administration of the estate, a dein was sufficient to ke the debt it was agreed that the duties of the alive provided that the verbal acknow-executors under the will had been com ledgment amounted to a promise to pay.pleted, and that, on the date of the agree In England, the plaintiff in the presentment forming the, subject of the action, chwe would have been limited to a period the executors and trustees named in the of six years hat the 1973 Ordinance, in will were acting' as trustees only. "Hongkong, provided that all actions must defendant, himself, aid in evidence that be commenced within three years.y since his mother's death he had received His Honour said that there was no the rents from tenants, and had signed doubt that the practice of the Court in

rent receipts in his own name The tenants had continued in occupation with the past had bern to hold a verbal neknow out new agreements and made their com

egment valid.

plaints. if any, to him.

rule the older law,

F

F.

that a verbal acknowledgment, but part by the defendant himself

The

Chan Kai said he was gambling with the deerased in Tung ing Lane a the afternoot of May 28th. Two European

had only gone two paces when "P.-c. and the deceased ran away. The deceased -police-allieurs-entered the lang and he

A41, Reginald

temple. The mas ran three more paces Earnshaw) drew his trancheon and struck the deceased a blow on the right and then collided with the corner of wall and fell down. He got up after"a bine and continued to run and "the en again and the constable trampled three stable still gave chase. The man fell times upon him." He next saw the

constable trying to raise the man, who appeared unable to more. The constable went to a shop and got water and wash- ed blood from the deceased's hend." J

'cante away." stood there, but I did not help, and then

intendent of the Government Civil Hos Dr. C. W. McKenny, assistnat super pital said that the deceased was ad- [mitted to the hospital, delirious, at 3.35 p.m., on May 25th, and died at 3.13 p.m., seiousness. He made a post-mortem examn- the next day, without, recovering, coa ination.

There were no marks of ex- ternal violence except a small incised brow and a bruised, lacerated area on wound on the inner side of the left eye- this right back portion of the scalp. There was a complete fracture of the skull and a good deal of haemorrhage healed tuberculosis of the lungs but the into the brain. There were signs of condition of the lungs had nothing to do with the cause of death. Fami Kenny decidedly of opinion," said Dr. Mc. death was a fracture of the skull and that the one and only cause of subsequent hemorrhage. The fracture the one important injury-might have been caused by any violent impact."

In reply to questions. Dr. McKenny

ther the wound, was caused by a mugh said there was nothing to indicate whe.

blow or by a fall. The cut on the eye could have not have been caused by a truncheon; it must have been by a blow frofa, or impact against, something sharp.

ROYAL RSAINKERS.

S.S. Repath. e Pritchard, b Amor 73 L/Cpl. Jacchson, h Parton... 0 C.S.. Pearson, e Pritchard, b

McDonell

Lieut. Hammond. Purton...... L/Cpl. Hayward MeDonell

Estoffe, e Hardy, b McDonell Middleton, run out L/Cpl. Hallam. e Pritchard, b

Purton

Cpl. Spurry, h Purton Upl. Townsend, not out Spe. Cleaver, e Trivit, i Purton..

Extra's

Purton McDonell Amor

Toul

Bowling Analysis.

D.

14 1

11 0 / 52

16

I

#RAP

03

24

2/WILTSHIRES. Capt. Betts, & Townsend, b Pearson: 5 Major Timmis, b Pearson... 9 Lieut. McDonell, 1.5.w. Townsend. 18 Set. Holdman,e and b Pearson.... L/Cpt. Pearson, b Rammond. Lieut. Deane, b Pearson. L/Cpl. Trivett, Hallam, b Pear- Sgt Brewer, run out....... Lient. Pritchard, a Hallam, h Pear-

Pe. Hardy, e Middleton, b Pear-

L/Cp. Amor, not out,

"ROTI

Extrag

Total

Bowling Analysis.

0. M.

10.2

Hammond

1)

Pearson

Townsend Middleton Jacobson

ก

2

Q

TENNIS,

Mr. Hind urged that the Ordinance was the defondant stated that the agree In his evidence added the Judge, "not sufficiently clear and explicit to over.ment was signed by his wife and not by snooth surface, nor whether by a

himself, but I have been asked by both parties to disregard this statement and to Mr. Vaux said he was not claiming nasume that the

was duly mada

payment, had been made. It was an estab-breach was due to an "unforeseen defect" It was argued by the defence that the

In reply to the Jury, Dr. McKenny The Garrison Tennis League commenced ished principle, ho contended, that part in the defendant's own titis; that he had said an ordinary fall might have led to on Tuesday. This year it has been decid- payment constituted acknowledgment of a con

contracted, exp

expecting to obtain the conne injury, but its nature rather suggested that sich pair in the team will play. errence of the other trusters. The plained more force than a mere fall. Woht and a promise to pay.

till's solicitor

claimed that, as sole bone- So. Kwai, the widow, gave evidence to consist of a pars at the R.A.M.C. rach opposing pair one at. Each term Mr. Hind replied that on the facts dis- ficiary, the defendant could exercise the of identification, and alleged that on the The Royal Engineers

powers to grant, leases provided by theevering after the nccurrence a Chinese by seven sets to two elosed in the present case there was no Settled Estates Acts, and must therefore detective came to see her and asked her part payment. A part payment must be be held liable. Mr. Watson had quoted & not to come and complain. "He said Hamblin beat S.M. Thompson and Cpl. Scores:-B E.-S.M. Smith and S.Sgt.. an act performed by the defendunts, not case in which it had been held that the that if I did not come up to give evi- Stone; lost to Cpl. Savage and 8.Sgt. a credit accruing to them.

Peculiar provisions of the will prevented Evidence was then given. The manng the exercise of the power referred to, but deace he would pay me several hundred Jane; beat Sgt. Hollands and Sgt. Wilk

dollars.' At the end of each year the balances were rending the will, he could are nothing of next day, he asked her how much would and Jane; beat Hollands and Wilkinson. ing partner of the plaintiff firm said that his Honour said that, after carefully

Again, in the charge room, inson, C.S.M. Pearson and Cpl. Hallam beat Thompson and Stone; brat Sarago shown to the defendants in order to make that sort in the present case. A

directed Court, the constable to whom she Thompson and Stone; beat Savage and he did not ferred, and suid his name was Wong Jace; beat Hollands and Wilkinson.

R.A.0.C. beat 2/Wiltshires by versets to four

sure that there should be no dispute re clause, to which 31r. Watson Particula, satisfy her. The witness picked out, in Spr. Hirst and Spt. Coupland fast to

hem. The defendants in the box attention, his Honour S

think was a parallel.

that they agreed as to the correct. nes of the balances, but his Honour said that he disbelieved their evidence on this point.

The question to be decided, his Honour deid, was as to whether neglect to collect the wages due constituted payment on the

art of the defendants.

question and deliver judgment, later,

"In my opinion" (concluded the Judge) "the defendant, in committing this breach of agreement. has neglected to exercise a legal power, which it was open to him to use, and is therefore liable in damage to the plaintiffs!

MERELY BORROWED IT.

Chui. C10.

POLICE-SERGEANT'S EVIDENCE.

WATER POLO.

COLONIAL RESOURCES. GOOD WORK BY THE IMPERIAL INSTITUTE.

Lance-Sergeant Reginald Earoshaw. RACO-Cipt. Spinks and S.M. 41, said that on May 29th, at 2.40 p.m., Haynes, beat Marant and Rogors; beat be was on duty in Wing Lok Street, in Band Master Eatson and Pie. Meaham: company with P. 95, Knowles. He beat Greenaway and Turner. Condr. saw gambling going on in an alley, be- Longstaff and S.M. Foster beat Green- Mr. Vaux urged that when a balance

hind some hawkers' stalls, and he and away and Turner; lost to Murant and P-c. Knowles each chased one of the Rogers; lost to Eatson and Menham. was struck disclosing an over-payment man had," equity, been paid his wages.

men. A third man the deceased-in S.M. Swinburne and S.Sgt. Bradley lost The debt was due and it was only a

crossing the alley, slipped and fell to Murant and Rogers; lost to Fatson and question as to whether the defendants THEFT FROM H.M.S. TITANIA."against the corner of the Inne, where it Menham; beat Grennway and Turner.

led into Connaught Road West, "If The match between R.G.A. and R.A.8.C. could avoid payment under the Statutes

Chief Petty Officer Robert Scarle, of made a dive at him as he came away

was postponed. His Honour said he would go into the HMS. Tilanta, brought a charge of from the wall and fell on top of him. | theft against a Chinese before Mr. G. N. He struck his head on an earthenware Orme, at the Magistracy, yesterday. He jar, with money in it, which the At the V.R.C. bath the home team beat said he left his topes in his office on gamblers had apparently been using, and the R.G.A. by nine goals to three. Mr. HOUSE AND SHOP BURNED board the ship, and missed it, when he was rendered unconscious. I got up, and RC. Witchell was the outstanding player

DOWN.

wanted it On deck he saw the defend called Pc Knowles and he gave sarist and scored five of the goals for the win- ant wearing the hat, and about to leave Lance. A fetched water and bathed the ning team. CONSIDERABLE DAMAGE DONE.

the ship.

men's head. I did not take the earthen- The defendant's explanation was ax wäre jar away at the time when I re- Early yesterday morning, a fire occur follows: he took a sack af potatoes on turned from the hospital looked for red on the ground floor of No. 5, Koshing board the ship and had occasion to take it but it had gone, it was a jar like Stroe West Point, occupied by the off his shoe to knock down a nail which ten-pot with a spout and a cover. I was hurting his foot. The sun was hot had a truncheon with me that days l Kwong Hing Cheung medicine shop. on the deck, and seeing the topee lying believe P.-. Knowles bad, but I am not Aidel by a strong wind, the flames spread thero, handy, he put it on. The hat sure. The witness added that he could The Westminster Gazette publishes rapidly to the two floors above and the was old and broken, and he thought that feel the deceased sustaining a blow glowing account of the valuable work whole place was soon well ablaze. The it was discarded. He had no intention to his head. He was conscious, as they which is being performed by the Imperial Fire Brigade was carly on the scene, but of taking the hat away. He merely both fell, that, the deceased knocked his Institute in the interests of the develop the flames had taken such a strong hold borrowed it to wear while on the deck of head on the jar. He did not notice if most of Dominion and Colonial resources. that their efforts were of no avail, and the ship.

the jar was broken.

Wonderful results have been obtained all three floors were completely gutted.

The Magistrate pasked wentence of one

In reply

Mr. Hall, the witness said from.

1 hitherto comparatively useless month's imprisonment with hard labour, it was the rule to carry a truncheon on

materiala. duty but he did not carry one because have been obtained from the South The most notable results are those which the cut of his trousers was so bad that African wattle bark which is yielding it was uncomfortable to carry a trua tannin, paper and cardboard; and from cheon in them." The Inspector on duty Sinhalese thorium and minerals; the did not know that he had not got one; indian azowna plant which is yielding with him. He thought the wound. on thymol, a drug which was formerly the deceased's eye was caused by the tierman monopoly; and Egyptian bon- Chief Preventive Officer Watt, and any, the deceased did not fall until I medicinal alkaloids,

blow against the edge of the wall hane, which is giving antropin and other fin firm, has not yet been ascertained. The other revenue officers boarded the 5.8. came on top of him. I'deny that I used] The galleries of the Institute at pre- top floor was used as a dwelling. Alho. Chuncho on her arrival from Macao a truncheon upon him. I deny having at are laden with samples of all British inimates managed to escaped, but lost their and seized in the liald, 90,000 dutiable put my foot upon the deceased either Overseas productions. property. The outbreak is believed to Three Castles Magnum cigarettes con- three times or at all. I took no part is lo view of the widespread interest have been caused by sparks from a stove tained in five cases, shipped as joss telling any Chinese constable to ep which has been created in the Intelligence- used for drying herbs.

sticks. Detectives were left on board to prosch the widow of the deceased Section, which is, described as a model of wait for the consignees to take delivery P.-c. Robert Knowles, Alt, said he efficiency,, arrangements are being mado In is announced in the London Gazette, been informed of the presence of the the deceased was on the ground.

of the cargo, but apparently they had only ww the end of the incident, when specially to conduct partics of students He from all over the country through the thut the King has nominated the Right revenus men. for they did not appear. saw the earthenware pot, but did not the Institute on three afternoons during Roy Cocil Henry Boutflower, D.D., At 5 p.m., as the vessel was about to notice whether it was broken. He did the week until the end of July. sometimo Bishop in the Missionary Dis leave on her return trip to Macao, the not take out his own truncheon nor did trict of South Tokyo, Japan, to be cigarettes were landed and removed to he see Lance-Sergeant Earnshaw use Bishop Suffragan of Southampton, in the the Import and Export Office. Yester one. diocess of Winchester. Da Boutflower, day, when the 8.8. Sunning was searched at the time of the Pan-Anglican Con on arrival from Canton, 8,500 dutjable said bow was instructed to make inquiries Wong Chui, Chinese constable C10. gress took a keen interest in the mis cigars were seized from among her cargo. into the case and to try and find wit sionary section, and having offered him. In this instance also, the smugglers were ness. He called on the widow to tell gelf for service abroad, he was appointed not discovered, and the cigars were con her to come to the Court to give evi in 1909 to the Bishopria of Hauth Tokyo, dicastedikkat

The brigado had to work strenuously to prevent the flames from spreading to neighbouring houses. It was two hours before the fire could be left. The Kwong Hing Cheung fire suffered damage to the xtent of $10,000. which is covered by the Sun Insurance, Co., for $5,000, and the Chun On Insurance Co., for 84.600.

The damage done to the first floor, which was occupied by the Kwong Seng shark

TOBACCO SMUGGLING. TWO BIG HAULS IN THIE HARBOUR.

The jury, and they were vnanimously dence of identification He made no mich Buggestions to her as she had alleged.".. of opinion, that the deceased' met his death by an accident, in the seafle with Lange-Bergeant Earnshaw, and in the

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