1924-01-12 — Page 5

Page

CRIMINAL SESSIONS

(RETORE IS HONOUR THE CRIET JUSTICE (RIN WILLIAM BEES DAVIES)]. SEVENTEEN YEARS AND "CAT' FOR ARMED ROBBER.

Is ia dificult to imagine a worse case, except one of murder," asserted the Chief Justice, pesterday is sentencing an armed robber to 17 years' imprisonment with hard labour, and 20 strokes of the

|

THE HONGKONG DAILY PRESS, SATURDAY, JANUARY

NATHAN ROAD FLAT DISPUTE.

· LANDLORD'S CLAIM FAILS.

INTERESTING JUDGMENT,

SCHOOL PRIZE

DISTRIBUTION. YAUMATI GOVERNMENT SCHOOL

Hi Honour the Puise Judge (Me THE GROWING NEEDS OF YAUMATI.] Justier Gompertz) delivered judgmental Yesterday was prize distribution day at the Summary Court yesterday in the case the Taumati Government School when concerning the occupancy of a first foor Mrs, de Martin, wife of the former head- dat na 3, Nathan Road, Kowloon, The master of the school, gave away tha The facts, as reported in oär issue of December prizes to the successful scholars. 22nd, were that Plaintiff, Cha Shaba Sa Director of Education (the Hon. Mr. E of the Yat Wing Bank. Wing Lok Street, Irving) was present, as were also Father Prisoner was Chu Wing Kong. The sued Mr. William Bolderson for passession Valtorta, member of the Board of Educa facts of the 'enso were presented in yes of the floor, alleging armes of rent, tion, and Mr. de Martin, now attached to terday's issue. The jury were directed Under the Rests Ordinance, plaintiff the Education Office.

*ent."

ou both omnts.

to confine thei? verdict to the first and obtained judgment against Bolderson. In reading the annual report for the last of the four counts on which the man Subsequently, Mr. E. A. Clark, a clerk year the Headmaster (Mt. E. J. Edwards) was indicted, viz.: "armed robbery, and in the Royal Naval Yard, took over the stated that it had only been possible to the unlawful possession of an automatic flat from Bolderson, and parchased the admit a few of the many boys who hail pistoi and five rounds of ammunition, furniture and fittings. Clark was then applied for admission. The district is Prisoner was unanimously found guilty cited as second defendant. Ho claimed, developing so rapidly," the Headunster however, that he was a' bona fidë sub said, "that a school; much larger than Addressing prisoner, the Chief Justice tenant, and denied the suggestions that he the existing, one is needed." (This ap Anid: You have been found guilty of was acting as caretaker for Bolderson peared to be borne out by the crowding two very seriolis offences--robbery with Clark, it was stated, had paid into court of 288 scholars in one of the largest class- violence, and being in possession of a the rent for three months. Mr. Watson, rooms of the school; they were packed pistol and ammunition. My duty in the for plaintiff, asserted on the other hand into the room like herrings)..

Head- consists of the course of the last few days has been to that Clark, when visited by plaintiff's pasa senere sentences on men for being shroff, only tendered one month's rent, master, one assistant mistress, 9 Anglo- ja possession of arms "in this Colony which was refused. The caim against Chinese masters and 3 vernacular masters. Your case is a worst one, you went to the Clark was fer possession of the flat and Mr. G. P. de Martin, who had been house in question and committed robbery, 250 for rent due. Mr. Vaux's conten. Headmaster of the school, was appointed "intimidated with weapons two unfortation for Clark was that is client was to the Education Office in September, his place as headmaster being filled by Mr nate women, and when the police found, protected by the Rents Ordinance. you, and tried to arrest you, you, or

E. J. Edwards transferred from Queen's someone, discharged firearms ut them

College. whilst they were attempting to do their duty.

»

Giring judgment His Hongur said: Mr. Watson argued for plaintif that Clark was, tot-and never had beca-a tenant;} he was merely a caretaker for Balderson; and even if he were a tegant he was not within the protection of the Rents Ordin.

"Is inay by true that the police first of all brought out their firearms, but if they did this for their own, protection.arice. I hold that it is impossible to sul It was no justification for you or your port the view that Clark was a caretaker; confrers to fire on them. As far as it is absurd to say that a man who is can, I intend to do all in my power to responsible for the full monthly rent and protect the police in the execution of their has paid a substantial som for furniture duty, and when scoundrels of your class and fittings is a mere caretaker! are caugh! 1 shall have no hesitation of awarding the "everest punishment. His Lordship then pased the sentence stated above,"

i

THE BINDING EFFECT OF A FIRM'S CHOP. (MPORTANT RULING. BY THE

PUISNE JUDGE.

Sitting in Summary Jurisdiction rester day morning, his Honour the Puise Judge (Mr Justice Gompertz) gave judgment on an important point regard ing the binding effect of a firm's chop. The case was one in which the plaintiff, a. Chinese, claimed $1,000 on a promissory note which had been chopped with the chop of the defendant firm.

Then," asked the Judge, within the protection "of the Rents Ordin ance? If he is ant, it is clear that the plaintiff is entitled to judgment.

After quoting authorities His Honear continued: Generally speaking, the general object of the law is the protection of the man in actual occupation. In the case before me the defendant was clearly the tenant in actual occupation., No doubt a very wary man would not have concluded a bargain until he had seen the reat receipts but there was nothing to put Clark on coquiry; he trusted Bolderson, it is true, but i did the land lord, who allowed him to be four months in arrear with his rent.

Hio

In my opinion," concluded Honour, when the order for possession dropped out, then Clark's relation to the was made against Bolderson, and he landlord breaine that of a statutory tenant under the Ordinance. There must judgment for defendant with costs."

When the case came up for hearing about a month ago Mr. Layman, "for the plaintiff. emphasised the importance of the ruling, pointing out that nearly every firm borrowed money in the course of its... business and used these chops.

Mr. Russ, for the defence, on that ocen sion, said the plaintiffs advanced the defendant firm's former general manager a sum of $1,000 for which he gave them a premissory note chopped with the

whether, under these circumstances, the firi were liable. It was, he pointed out, a question of agency and his submission would be that the Home Inw on the sul ject was applied here by the Partnership

Ordinance.

The staf

The health of the school had been good and Dr. Li Ying Yan had kindly attended to the few cases of sickness that had catred. The progress mado during the year was satisfactory. One of 234 boys who sat for the anadai examination, 210 bud passed. As the entrance examination to Queen's Cellion tags passed out of 15 premented. "The nomination reveal- a weakness in Colloquial, dictation and composition.

The Headmaster referred to the suc cesses of some of the old boys now at Queen's College, one of whom was Chan Yik King who had gained honours in matriculation and one distinction.

Referring to the school athletics the Headmaster acknowledged valuable assist ance rendered by Mr. So Tsi Keung, He also mentioned that the school had a brazy containing 200 English books and 800 Chinese books.

Mrs. de Martin distributed the prizes, and at the conclusion of the ceremony she was the recipient of handsome bouquet of flowers tied with the school colours-black and yellow ribbon. Mr. de Martin returned thanks on behalf of his wife, saying that he was very fister ested in the progress of the school in view of the lengthy period he had labour. ed there. He particularly referred to the success of several of the boys who had gained scholarships.

The proceedings closed with cheers: for Mrs. de Martin, the Headmaster announc the remainder of the day by the kind being that the school would be closed for consent of the Hon. Director of Educa- tion to a suggestion made by Mrs. de Martin.

PRIZE WINNERS.

•

The following is a list of the prize

THE BANK MERGER. INTERNATIONAL BANK AND THE winners

ASIA BANK.

English

:

SPORT.

FOOTBALL

19TH, 1923.

TO-DAY'S MATCHES..

The following matches are down for decision to-day:--`

HONGLONG PA.. CHALLENGE SHIELD. First round, kick-off at 4 pm.

Hongkong Club EMS, Titania, Hoogkong Club ground, Referee: Mr. Wakeham.

Kowloon. Hongkong Police, Kowloom ground. Referto; Mr. Blumson.

JUNIOR, SHIELD.

Kick-off at 2.30 p.m." R.G.A. Reserves v. HLS. Iriquoise, SookunpooB" ground. Referee; . Mr. Smith. Surrey's Reserves e. Tamar Reserves, Sookumpoo "A""ground. Referes: Mr. Fairburn.

Titoña Reserves v. St. Joseph's. Navy

"A ground. Referee: Mr. Ford. Kowloon Resoryes v. Hawkine Reserves, Kowloon Fround Before: Mr.

Blumson.

1

South China "A". Club de Beercia South China ground. Referee: Mr. Spencer, H.M.S. Hollyhock v. South China "B," Hongkong Club ground. Referge; Mr. Greer.

B.G.A.

KONGKONG, LEAGUE.

Division Z.

Kick-off at 4 p.m.

South China, Sockunpoo "A" ground. Refereo: Mr. Smith H.M.S.Harkins v. B.M.S. Tamar, Navy B" ground. Referce: Mr. Sprücer.

H.M.S. Despatch e. East Surrey's, Navy

"A" ground. Referee: Mr. Colling H.M.S. Ambrose v. H.M.S. Diomede, St. Joseph's ground. "Referee: Mr. Tovey.

Division IT. Kick-off at 2.30p.m. H.M.S. farazion ». Dientão.

KOWLOON. POLICE.

The following team has been selected to represent the Kowloon F.C. in their Senior Shield match e. the Police on the Kowloon ground today at 4 p.m.-B. Rasmussen; F. Wheeler and T. L Kaight; 31. Howarth, J. McKelvie and H. G. Wheeler C. Millard, J. Morton, K. Mason, R. Nash and A. Duacan. Reserves: A. E. Latham.

#

KOWLOON . H.M.S.HAWKINS,"

In this Junior Shield match on the Kow. loon ground today at 2.30 p.m. the home! team will be composed of J. Beach; B. Guest and D. Urquhart: A. W. Brown, E Ollier and S. Randle, V. Haft, B. Reserves: L. H. Taylor and Vickara, W. H. Brown, A. Spary and B. Harlock.

S. W. Chapman,

CRICKET.

C.C.C.INDIAN. R.C.

In this League fixture, to be played team will consist of B. W. Bradbury, D. to-day on the Indian ground, the visitors' Fritz, F. E. Lawrence, T. Primes, G. W. Milne, A. A. Faice, G. White, S. Abbas, W. Hall, H. J. Dennis and R. Basa.

0.0.0. H.K.C.C.

In this match to be played on the Class 4-1st_and_scholarship, Lo KaCO.C ground to-day the horse team will consist of E. Mowfung, W. B. Muskett, Fan; 2nd. Ho Tai Yang,

M. Pinna, F. K. Modi, Dr. Y. Atienza, Class Salat and scholarship, Wong. S. Sanajana, E. J. Chapman, D. Mac- Kang U; 2nd, Yeung Hing Tung,

Class S-1st, Chan Kam Tai; and, kintosh, Y. Abbas E. Moore and P. A. Chan To Wing

Class 1st and scholarship, Ling a Hon; 2nd, So Kai Sang

Class Ga-Ist, Lok Ping Cheung; 2nd, Wu Yat Sing

Dixon.

BILLIARDS LEAGUE

CHAMPIONSHIP.

LAST NIGHT'S RESULTS.

The first half of the Billiards League

Championship was played at the Vie toria Recreation Club last night, the

Plaintif claims for $1,000 on a promis. meeting has been caffed and a subsequent | Wong Chung W Kap Ki; 2nd, Lau finalists being the Chinese Club and the

< Cliop of the firm. He did not account

With reference to the reported absorp for this money to the firm and apparent- ly he misappropriated it, for which he tion of the Asia Banking Corporation by was prosecuted. Mr. Russ said that be the International Banking Corporation the and Mr. Layman, who appeared to up-following statement was made to a repe sentative of the Daily Pre yesterday port the claim, wanted à decision as to

afternoon by Mr. George Hogg, local Manager of the International Bank:

The Asia Banking Corporation has entered into an agreement for the sale of its business to the International Banking Corporation subject to the approval of its Giving judgment, his Lordship said: stock holders. A special stock holders' sory note bearing the chop of the firma, agnouncement will be made of the data which consists of two partners, one when the business will be transferred to dormant and the other exercising slight the International Banking Corporation if supervision only, Wu Chin Lan, a share-approved. The meeting in question is to

be held at New York. holder but nct a partner, was the man- ager did the buying and selling and, with fullest powers, carried on the busi neas. Or March 22, 102, plaintiff nd- Vard $1,000 to Wu, who stated that the money was for the use of the firm. The money was paid on the firm's pre- mines, and a promissory note bearing the ordinary and regular chop of the firm was affed by W. The monoy, however, was not applied for the purposes of the firm, but was retained by Wu for his own ase. The partners had no knowledge of the transaction, and there is no evidence that

the firm has ever borrowed the

money,

ARMS SEIZURES ON THE.

9.S. HYDRANGEA”

ROYAL SANITARY INSTITUTES.

The na. Hydrangea, which was recently pirated, was searched on Thursday by water polien who discorred in a bigket belonging to one of the passengers threa fire arms, two dagger and a small quantity of ammunition. They detained five passengers in connection with this dis covery. A charge has been preferred against the man to whom the basket be "I have to decide" continued his longed, but the other four men will prob Honour, whether the firm is liable and ably be released. the question is purely one of agency. In English lay it is well settled that a man- ager of a business has no legal authority to borrow money. It is pointed out that borrowing, money is no part of the ordi- pary business of paper merchants; but it At op examination for the "Inspectors common knowledge, on the other hand, of Nuisances Certificate held by the that local Chinese firms very frequently Hongkong Board of Examiners of the raise money by lean for the purposes of Royal Sunitary Institute in November business. To my mind the whole ques last nine Candidates presented themselves. tion of the firm's liability turns on the Of these the following hire passed:-- fetter of the chop. Wu was manager, having practically entire conduct of the husiness. He was entrusted with the general chop, which, I think, by local custom, confers very wide and general powers upon the holder. In my opinion, the firm had held out. We as their general agent for all reasonable businen par- poses, which would include the raising of money by loan, and I think, therefore, they are stopped denying his authority to borrow. There must be judgment for plsiatif with costs.

Frederick William Bradley.

John Joseph Peter Gregory. George Haigh.

Charles Harlen

William Hill."

Edward Charlen Hórrison: Bernard Joseph Murray. William Thomson.

The Examination Board consisted of Dr. C. McKenny, Hon. Mr F. Creary, Dr. W. W. Pearse, Mr. J. E Mackenzio (C.V.B.), Sir Eric Stuart Taylor, M.D.,. and Mr. E. Ralphs (Secretary)

Class 7-1st and scholarship, Hung Cheuk Kwong; 2nd, Wong Tam Kysi

Class 75.-ist, Wong Wing Wa; 2nd,

Class TC-Ist, Fong

lass 1st and scholarship, Hung Toi. Ping Fat, 2nd, Tang Tao Kun.

Chinese,

Leung

Class 4-1st, Lo Ka Fan. Claes 51st, Wong Kang U.. Class 31st, Chan To Wing. Class B-1st, Ling Kam Fon Class 6.-1st, Bo Chun Fun. Class 7-1st, Hang Cheuk Kwong Class n-1st, Wong Wing Wa. Class FC.-1st, Wong Sau Keang Class 8.-Ist, Leung Ping Fat

Special Prizes presented by the ver nacular masters for Chinese composition competition-1st, Wong Wai Pan (4A) 2nd, Lan Sui Lan (74), 3rd, Hung Chenk Kwong (8).

CANTON CUSTOM RETURNS In view of the efforts made by Dr. Sun Yat-sen to secure the Dustom collections at Canton, it is interesting to noto what the returns at that port are following figure taken from: Customs The annual revenue is shown by the

režazena :

Year

1912. 1913

1915

Ceaton

Castoms.

Halkwao

Trols:

Whole Country. Haikwan Tesla $.070,000 39,050,612

3,318,726 43,089,852 1914 de 9,506,027 28,917,524 38,77,708 9,398,854 SKAKTUS 37,784,311 38,169,428 2,230,910 30,345,044" 2471,934

48,009,180

1917

1910

1918

1919

1920

9,542,287

49,818.586

1951

3,375,682

1993

3,$31,789

58,007,128 58,250,104

Catholic Union Club. At the conclusion of the night's play the latter Club held a lead of 217 points. L: A. Osmund's break of 40 was the highest for the night.

Following are the individual scores:

C.U.G.

E. L. Barros... 50

B. 8. Luz 280 L. A. Osmund 250

760

Ng Sze Kwong 231 I. N. Tam. 168 Yau Sing Hoi.. 130

533

THE COTTON INTERESTS

OF SHANGHAIS.

The Ministry of Agriculture and Com- merce at Peking has referred to the Cabinet the request of the Shanghai cotton traders for a surtax on the export of cotton, to serve us the basis of a Joan to help the cotton interests at Shanghai. It is not likely that the Cabinet will give a ruling for some time.

-Li Sau and Leung Shui, boatwomen, were each fined $5 at the Marine Court yesterday for using grapplings near. H.M.8. Diomede at the Men-o-War anchorage.

Five ricksha coolies, charged with de manding more than the legal fare, wers each fined $10 at the Magistracy yester day. Having conveyed passengers from the M. Y. Sen tea house in Kowloon City, to Tanng Foo Villa, the coolies refused the to cents fares tendered and demanded- fifteen centa. A pauenger was alleged to have been assaulted in the resultant altercation. This charge was dismissed.

S.S." FRANCONIA."

PERSONAL SERVICE

RED

FOR THE

TRAVELLER.

GREETINGS!

LANE, CRAWOFRD, LTD. WELCOME YOU TO HONGKONG -MAY. YOU ENJOY EVERY MOMENT OF YOUR STAY | YOURS FOR THE ASKING

WE SHALL BE PLEASED TO GIVE YOU ANY INFORMATION, REGARDING, CHAIR AND RICKSHAW HIRE, "MAIN POINTS OF INTEREST, ETC.

YOU ARE INVITED TO PAY US A VISIT, IT WILL ENLIGHTEN YOU TO OUR SCOPE OF BUSINESS AND WILL ENTAIL NO OBLIGATION ON TOUR PART.

LANE, CRAWFORD, LTD.

THE LEADING DEPT. STORE

OF THE FAR EAST.

ESTABLISHED 1950.

· DEPARTMENTU.

MEN'S FURNISHING LADIES' FURNISHING SILVER WARE

JEWELLERY

TRAVELLING REQUISITES FANCY LEATHER GOODS

SPORT AND GAMES GROCERY AND PROVISIONS WINES AND SPIRITS PATENT MEDICINES PERFUMERY -HOUSE FURNISHING

HARDWARE

SHIP CHANDLERY

GREEN ISLAND CEMENT CO., LTD.

Best Portland Cement

SHEWAN, TOMES & CO.

GENERAL MANAGERS,

HONGKONG.

સો

ENGLISH

COLUMBIA DANCE RECORDS

..

(ON THE ROAD TO $124 ANYWHERE...

BONNIE

(BARNEY GOOGLE.

THAT RED HEAD GAL [SET

(NON-STOP DANCING...For-Trot

3311

[DON'T CRY, SWANEE..

(UNTIL MY LUCK COMES

2322-

ROLLING ALONG. {KATINKAM

3325

4444

3323

3326

BYE-BYE

EACH $1.60:

(HEARTBROKEN ROSE

CELANESÉ

ANDERSON'S.

Powell

TELEPHONE C. 4578.

SPECIAL

SALE

Commencing on SATURDAY, JANUARY 12ti

WEDNESDAY, JANUARY 18th Inclusive:

Millinery, Gowns, Golf Coats, Sweaters, Furs, Gloves,

Ladies Shoes.

td