1927-02-19 — Page 3

Page

ANCHOR BRAND PURE MANILA ROPE.

THE CORDAGE YOU CAN TRUST."

MARINE RUFE

TRANSMISSION

OF

POWER BOFE

ESTABLISHED 1854

YNCHAUST

UABLE LAID

HAWBERS galią

W KITAL

DRILLING

CABLES

1.

ROPE

FACTORY

MANILA

BOPES OF ALL

BIZES FOR ALL

PURPOSES

MADE FROM

PURE MANILA

HXMP

MANUFACTUR.

·ED BY TH

MOST MODERN MACHINERY.

STOCKS ON HAND OF ALL SIZES. ENQUIRIES SOLICITED.1

FACTORIES MANILA, Pt.

KING BUILDING. TELEPROVE: Central, 8165. FA.P.B.1

HƯNG KONG OFFICE.

THE NAVY'S

Coafer

CHOICE.

ORIGINAL

PLYMOUTH GIN

ÓBTAINABLE EVERYWHERE.

· NATURAL 'MINERAL WATER FRENCH GOVERNMENT'S Springs

VICHY CELESTINS

in bottles, half and splits

Gout, Diabetes, Rheumatism, Gravel, Arthritis VICHY GRANDE-GRILLE For Liver trouble VICHY HOPITAL For Indigestion.

and BillouisZSSE.

Refuse substitutas. —Mention nams of Spring required.

BY ORDER OF THE FIRST MORTGAGEE.

OF

PUBLIC AUCTION THE VALUABLE LEASEHOLD

* PROPERTY Bituale at Victonta in the Colony of Hong Kong and registered at the Land Office 38 SECTION 42 OF MARINE LOT No. 56. Together with the Messunge or Tenement and Buildings other Erections and thereon known as No. 142, DES VEUX ROAD CENTRAL AXEL-706 Square Feet or thereabout TAX PROPORTION OF ANNUAL CHOWN BENT:-$16.00; Ma.E.V.M.R. Dz SOUSA, Auctioneer,

BY

AT THE

UHINA AUCTION ROOMS, No. 4, DUDDELL STREET, HONG Köse, WEDNESDAY,

ON

THE 23RD DAY OF FEBRUARY, 1927, AT 3" 'CLOCK. P.M.

THE HONG KONG DAILY PRESS, SATURDAY, FEBRUARY 19th, 1927.

THE "TATTERED

BANK NOTE."

** HONG KONG BENEVOLENT

SOCIETY.

AN APPEAL TO THE PRIVY COUNCIL

BIG INCREASE IN RELIEF.

The Hong Kong Benevolent So- cienty will hold its 37th annual YESTERDAY'S PETITION "TO meeting at 19 noon on February

FULL COURT."

* A MATTER OF GENERAL AND PUBLIC IMPORTANCE."

What has come to be known as the tattered bank note case"" was again mentioned at the Supreme Court yesterday afternoon, when before a Full Court, comprising | the acting Chief Justice (Mr. Justice J. R. Wood) and the acting Puisno Judge (Mr. J. H. B. Nii, a perition was made for leave te appeal from the decision of the Full Court and from the judgment re- cently given by the Fulane Judge in the Summary Court.

The petition was made by Mr. Eldon Potter, K.C., who has peated both in the Summary Court,

ap-

and in the Full Court appeal op

behalf of the Hong Kong and Shanghai Banking Corporation. Mr. H. Somerset Fitzroy was од behalf of the Chinese woman who

sued the bank in the first case.

I will be remembered that a Chinese woman presented a $500 note to the Bank for payment upon which the numbers and date were The note had been left missing. in the pocket of a jacket and had been washed, starched and ironed, The bank refused to pay and the woman sued the bank. The Puisne Judge, found that the note had not been materially altered and that the bank must pay on the, note.

An appeal was heard before the Full Court, comprising the Chief Justice, Sir Henry Gollan, and the Puisne Judge, Mr. J. E. Wood. The Chief Justice found for the bank, but the Puisne Judge upheld his previous decision and according to the Ordinance of 1912 the Fuisne Judge's decision stands.

Following this decision it was de- eided to apply for leave to appeal to the Privy Council.

Grounds For Leave To Appeal. Mr. Potter in opening explained

BY ORDER OF THE MORTGAGEE the technical grounds for an appeal in this case although the money in volved was below the value of $5,000.

PUBLIC AUCTION

07.

The second ground of appeal was that this was a matter of general or public importance, which should

THE VALUABLE LEASEHOLD PROPERTIES Situate at VICTORIA in the Colony of and registered at the Hong Kong and river as the go before His Majesty's Privy

OF

REMAINING PORTION INLAND LOT No.431 and de OF or REMAINING PORTION MARINE LOT No. 117, Together the Messages or tenements and other Erections and Buildings

thereon respectively knowz sa Nos. 14, 16, 18, 20 and 25, TAI WO STREET.

T

AT THE

IN ONE LOT ML. 3. V. M. R. DR SOU6A, Auctioneer, CHINA AUCTION ROOMS No. 4 DUDDELL STERIT, HONG KONG,

FRIDAY

THE 25TH DAY Or FEBRUARY, 1927, At 3 o'clock PM,

For further Particulars and Conditions For further Particulars and Conditions of Bals. Apply to:-

MR. GEO. K. HALL BRUTTON

of Bale, Apply to:

OR TO:****

GEO. K. HALL BRUTTON

First Mortgagee's Bolicitors..

St. George's Building,

Chater Road,

Ma. E. V. M. E. DE SOUSA, Auctioneer, No. 4, Deddell Street. Dated the 9th day of February, 1927,

[4533

PREPAID "WANTED ADVERTISEMENTS.

0. LET:-No, 11, CONDUIT 81. Wixotox ST. L. No. C. 5.

T ROAD AWO FAT BING

[240

or to:

& COMPANY, Mortgagee's Bolicitors,

ST. GEORGE'S BUILDING,

Chater Boad

Ma. E. V. M. R. DE SOUSA,

Auctioneer, No. 4, DUDDELL STERNT, Dated the 11th day of February."1997.

TO LET FURNISHED.

TO. 1, TREGUNTER MANSIONS, NEUTER

BUILDINGS

TO LET.

“O, JA, DUDDELL STREET.

Apply to

Tux Hox. SECRETARI,

Council for decision,

23rd in the Society's room at the City Hall. Subscribers and all, in- terested in the Society are asked to make every effort to attend. The report shows a threefold increase in application for relief on any previous year's working in the his tory of the Society and it is feared the coming year will bring even a heavier call owing to conditions in

China

1.

COAL MINE FATALITY.

LIVE WIRE ROUND A COLLIERY.

SIR E. MARSHAL HALL SAYS

PROPAGANDA CASE.

STRIKE INCIDENT,

Messrs. Cory Brothers & Co., Ltd., collery proprietors, of Cardiff (for whom the secretary, Mr. Thomas Longton Griffiths, answer- ed the summons), Thomas Hardee, a shift engineer, Temple Davies, & power engineer, and Robert Illing- worth, an electrical engineer, wera at Bridgend, Glamorgan, 'commit- ted for trial at the assizes on the

following charges;-

(1) Having set or caused to be set a mantrap or other engine calculated to destroy human life or inflict grievous bodily harm, at Ogmore Vale on 'August 24th last, and

(3) The manslaughter of Bryn. mor Edward John, aged sigh- teen assistant collier, of Ogmore Vale; on that date.

Bait was allowed in each case

The Society earnestly warns re- sidents against giving assistance to eemingly distressed people with- out first making full inquiry. This! frequently leads to overlapping. The Society is only too glad to be of ase in investigating cases of dis- tress. The Hon. Secretary and members of the Committee attend at the City Hall on Mondays and in their own recognisances.

The prosecution, alleged that Thursday between 11 and 12 to John was electrocated by a five interview cases and to receive gifts wire elected by Messrs. Cory to of clothing used or unused. These protect their premises "durills

coal strike. gifts are of the greatest assistance

"Evidence was given by Sir Ber- and are urgently asked for. Allard Spilsbury, the famius patho- inquiries should be made to Mrs, logist, and an electrical expert. J. H. Hunt, Telephono K. 1471.

and did not enter into the argu- ment, the principle was of great public importance. The present judgment affected the public to a very alarming extent, as it pre veated the bank from checking by the effective means of numbers stolen or lost notes.

2

tac

Mr. Artemas Jones, K.Č., was for the prosecution, and Sir Edward Marshall-Hall, K.Q, appeared both for the colliery company and for the three official

Sixty-three Volts.

The electric expert, Mr. Edward May Munro, of London, said that the switching on or of of the cur rent through the wire fence was done by means of a plug One hundred and ten volts was the Mr. Potter then gave legal refer-normal voltage of the circuit, but: ences in support of his argument, as it was only connected to one The case affected the integrity of bar less than sixty-two or sixty, bank notes in the Colony in a very three volts could be obtained. practical manner as the Hong Kong and Shanghai Bank were having doubtful notes presented on п average of one a week.

The decision bound the Bank in respect of all these notes and must continue to do so unless the decision were reversed by the higher Court.

Mr. Fitzroy Replies.

portance. The case of

nate dis-

Questioned by Mr. Jones, Mr. Muaro said that the fact that it was raining at the time would be favourable to the body making good contact with earth and allow more current to pass through the body, The corrugated iron sheet on which John fell when grabbing hold on one of the wires would lower, his

resistance to the current.

2.30

5.10

7.15

Queen's 9.20

WILLIAM HAINES

HARVARD

100%Lagu NDA ERBIES A "BROWN OF HARVARD

BROWN OF HARVARD

2.30

5.15

WORLD

7.15

9.15

HOOT GIBSON

in

THE TEXAS STREAK

current passing through the wire STAR MATT MOORE STAR

Replying Me Fitzroy argued that

Cross-examined by Sir Edward there was nothing which made the case one of general or public in-Marshall-Hall, Mr. Munro said the integrated and reduced to pulp fence would very likely be 45 volts: could not be prejudicial as it was any case where 45 volte would cause Sir Edward: Do you know of. very unlikely to occur again.

Mr. Potter: The evidence of Mr. death - have heard of it... Towns was that notes are being dogs which were said to be chas Can you understand how three brought forward once a week.

Mr. Fitzroy: But the conditioning a rat at the time could get of the notes and circumstances through the wire fence without being killed or hurt sufficiently to would be different..

scream if contact with the fence would kill a boy If a dog jumped through the fence and was clear of the ground it would not be hurt even if it touched the wires.

The Chief Justice: The evidence of Mr. Towns was that once a week notes were brought to the bank on which the numbers could not be identified..

•

Suggestion to the Bank.

Bank could safeguard themselves in Mr. Fitzroy suggested that the many ways. For instance, what was there to prevent them from the note all printing the number round it. The number might also be waterwoven into the note so that it could not be destroyed by being washed or ironed.

Mr. Potter: What about the 30,000,000 dollars worth outstand- fag?.

HIS JAZZ BRIDE

Would not the dogs then have screamed if they had not beer kill STAR terriers. They don't scream much, edi-Well, I know something of and they are very fond of jumping. Heart Failure. Sir Bernard Spilsbury, in his evidence, said: The cause of death in my opinion was heart failure, due to the passage of an electric current through the body.

"We are not in a position to say from the record of fatal accidents what the minimam fatul dose of electricity is Electrocution with very low voltage, currents is com

I have read of

Mr. Potter contended that the case involved an important legal principle with regard to the law of documents. Among the points of law involved was the meaning of one of their local Ordinances, name ly Section 64 of Bills of Exchange Ordinance. The interpretation of the phrase in that Section "materi- ally altered " was also involved, In conclusion, Mr. Fitzroy sub-paratively rare. "that a case of this kind should bomitted that a special set of cir- authenticated cases of fatal electro- cumstances arose in this case which cution at sixty-two volta-one in did not apply generally, and that Austria and one in this country- there was no ground for further and another recently reported case in Italy,, where the voltage was forty-six." appeal.

Siz

cut short at a stage when the two learned judges'of the Court of Ap peal, here have differed on many im- portant points. It is important that the matter should go to an other Court."

It had been found by both judges

that the number of a banknote was an essential and vital part of the

·

#

Mr. Fitzroy: That is a matter for the bank. It has nothing to do with me.

Leave to Appeal Granted, After conferring with Mr. Nihill, the Chief Justice announced that he and the Puisne Judge were agreed in the matter.

Edward, cross-examining, asked: In ordinary circum stances there is po danger to life From a current of sixtyfive volta?"

Sir Bernard: 1 personally should not mind handling such a current

were standing on dry ground.

Unfortunate.

with

MARIE PREVOST STAR

Industrial

Stocks and Bonds

and all matters pertains ing to livestments Phatted wire to Ner York, Mentral, Tote. Que cago and San Frucenen, Morbers Victoria and Venkamer Slack

ExchangeL

B. C. Band Deslo? Asseclam

Den

Chicage Doard of Trad

Wimper Grain Exchange. Yrmower Grain Exchange.

IN THE SUPREME COURT OF HONG KONG

PROBATÉ JURISDICTION.

Inria Goods or CHARLES WIL-

· LIAM HAY, Late of Aswu/BIT Wood Hount, East Gaisuzzan, IN THE COUNTY OF SURKEN, GENTLEMAN, DECEASED.

TOTICE IS HEREBY GIVEN.

Not the Court has, by virtus of

•he provisions of Section 58 of Ordinance No. 2 of 1897, made An Order Limiting the Time for Creditors and Othaps to Fend in their Claims against the shove Estate to the 12 DAY OF MARCH,

All Creditors and Others KTO

accord

to the Undersigned on or before

JOHNSON, STOKES & MASTER,

Solicitors for the Execators, Prince's Building, Hong Kong.

(4561

R.P.CLARK&Cingly hereby Bequired to send their

REAL ESTATE INSURANCE INVESTMENTS that Date

On the ground that the appeal in- volved a question, respecting pro- my hands were dry and if I Victoria & Vancouver perty or civil right, they were of note...

opinion that it involved a relation

between the bank and the hol- ship Mr. Potter went on to refer to the der of the bank note. The petition importance of the number in the for leave to appeal must be grant case of a stolen" note. One could ead on that ground

Dealing with the point raised by go to the bank if a note were stolen Mr. Potter that the question in

or missed, give the number and volved a matter of general or public

تولیدی

ted to the Privy Council for

"do

came within the terms of this rule.

Might I sum up your evidence thus: If death resulted from the electrical dischargo, it is a very exceptional and unfortunate cir cumstance?--Yes

Bir Edward Meraħall-Hall, ad-

*

15 VILLAGES BURNED.

SOVIET REVENUE FOR S

REVOLT.

Another

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0% prison and bars discounts,"

KEIMER, SON & CO. Whiteraire, London.

have payment stopped, and an effort importance, and should be submit dressing the Bench for the defence, serious pesant rising a Period of

made to trace the 'note, but on the cision, the Chief. Justice said that Baid the case involved a far-reach-districts, near the Latvian border, Nine Moaths from 31ST MARCH NI

had never heard before of a pro- Petrograd burned 15 villages. The For further Particulan Apply to judgment as it stood a thief hay it was clear that the present case question of public rights. He and punitive expeditions sent from for manslaughter being revolt, according to refugees who HENRY RUMPHREYS, ALEXANDRA ing erased the number could preNote issue in Hong Kong was prac-taken, by

secution

privato individual. have crossed the Latvian border, [4682

sent the note for payment, and the tically the only currency of the bank could not question it. That Colony, and anything which effected There was no prosecution by any was caused by an attempt to collect this issue must be for the Court a Government department, and it the grain tax. The tax-collecting was because at present an erasure matter of general and public impor- was a little difficult to understand expeditions met with a bloody fate was hold not to be a material part tance. It was very important that the reason for the prosecution by at the hands of the peasants, who are now being executed, or sent to of note, and the contract was not the points raised bere should be the dead boy's brother,

"If it is for the purpose of sub- Siberia tried by the highest tribunal in voided..

On a charge of organising & gen- England. Clearly it was desirable sequent.

trust this Bench will eral atrike among the workers of Far Reaching Principle, The principle, subanitted Mr.ment of the Full Court, where the not lend itself to anything of that Sebastopol, four Labour leaders, Tag: Keymar, London. Res 1941.

the views expressed in the judge ward, I trust said Sir Ed.

who are membera of the Social Fotter, was so far reaching that judges held opposite opinions,

Sir Edward suggested that the Besos the Bolsheviks, have been Party, which op- Ahould receive consideration. Also the case was one of sufficient gen that Section 84 of the Bills of Ex- of the motives at the back of the passs the TO LET-Furnished: HOUSE eral public to

Thank executed without trial by the The PRAE. All Modern Con-

Cheka we are not all Crimean

(Soviet secret dered at the same time, veniences. Apply Box No. 4064 No tribunal. The 8500 was nothing to

OVER HALF A CENTURY REMITATION [4664 Hongkong Daily Fres

A KIDNEY! the bank, but when it was known third point raised by Mr. Potter of the working class, on whom we Invesiya.

His Lordship also dealt with a Communists yet. The big majority police), according to the Moscow DR. LECLERC'S LIER W

The announcement of VALAFLY for Duzaqm- of "Maans EmpOSTAS that there were 50,000,000 dollars on the matter of erasure of num- all rely, are not Communists." their deaths caused riots in Bebas o244, 24, 233, Bog worth of notes outstanding belong bers, and said he and his colleague The magistrates having announ- topol and other Crimean towns. TNT PART, Pre-roomed HUN Good Bituation, 3m Floor, L. hal bank in Hong Meng alone, then sccepted all three grounds submitted their decision to lean of Not foodstuffs in the Russian Citics DR, LE CLERG'S VIR APRENT

ing to the Kong

Because of the serious shortage of Lime Kas, Cow HarmsOCK RA, HAWA their Lordships would o that

basis for leave to appeal, and he guilty" were entered in each in labour troubles continue to increase, Quarters, and Recently" Extensively) imately 280 Sq. Ft. Available from while the 8500 was a trivial matter, and his colleague granted; these stanco. No evidence for the defence & the Chcka is taking desperate | UR.LECLERAR JILLS FORS

(Continued on next column).

measures to prevent strikes.. petitiora

was given..??

LET. "STOWFORD No. 2," 48, BOXBAR ROAD, Three Stories, Bix Booms, Fire Bath Rooms. Kitchen,

Recently

and Renovated. Apply BEACONS,

PRIO'S BUILDING.

1997

# ULUB LUSITANO, -

£4214

LET "Not, NORTH VIEW,” LET-OFFICE PROMISES. GALOW, Two Bath Booms. Servants' Das VOUS BOLD, CESTRAL Approx Espaired-Apply DEACONS, PRINC's MARCH 17, 1927-Apply GILMAN

& 00. LTD.

[120

£1566

kind.".

warrant Buhig bumportance be change Ordinance should be consi-case was propaganda.

God," he said,

ANIMIA, PAGE 15

– KATI AKI SMZANIM YOR LAMON ARGENTIN

CAUSE CLERG'S SOAP, 16 ## Zabla: NA