1930-03-25 — Page 3

"TO-DAY ONLY

At 2.30. 5.30, 7.20 & 9.20 p.m.

Esther Dalston

PRODUCTION

RICHARRT ERLEN

FORD STERLING

in

FIGURES DONT LIE

Whether or not you agree with pine-tenth of Gludom in wd- judging Esther Ralston, the screen's most beautiful blonde, you'll agree that she is a clever comedienne.

With Richard Arlen the hit of Wings" and Ford Sterling, the grin specialist!

AT THE

MAJESTIC

Nathan Road, Kowloon.

THE SILVER SCREEN.

BY THE ZUYDER ZEE..

In Christina," the part-talkie now showing at the Queen's, Janet Gaynor is portrayed as a simple little Dutch girl who dreams bap- pily of a fairy prince who will are day came and carry her off on a milk white teed. How abe even- tually meets her fairy prince is shot in quite a novel way, and Although at first things don's go quite right, everything ends hap pity. Rudolph Schildkraut, Christina's father, has. A very strong role.

DA

The story is laid in Holland, and the scenery and costumes are, most picturesque. It is not until the latter part of the story that the sound "part of the film comes into prominence, and the effect pro- duced rather strange when it does make itself known.

An all-talkie comedy, A Perfect Day," precedes the main feature. starring Olver Hardy · and Stan Laurel, two well-known favourites whose names imply that good fun is in store for those who visit the Queen's.

**Figures Den't Lie.”.

THE HONG KONG DAILY PRESS TUESDAY, MARCH 25, 1930,

THE MISSION TO. SEAMEN IN

HONG KONG

WHIST DRIVES, CONCERTS, SHIP VISITS AND PICNICS IN 1929.

AMALGAMATION WITH SAILORS' HOME IN THE SPRING."

The report of the Missions to Seamen in Hong Kong: for the year 1929, states that the proposed amalgamation with the Sailors' Home, will not be delayed very much longer. Terms, ete, have been under discussion and are nearly completed:

A year of most active and useful work among the officers and men of the Mercantile Marine is reported. The mil. Dayspring has proved extraordinarily useful, especially for the ever-populari bathing parties.

Finances are fairly satisfactory, but the mortgage on the Association's Reclamation site is a big drain and many activities have had to be curtailed.

A GOOD YEAR'S WORK.

The report states inter alia

Social Events,

In our last report we stated that As usual our weekly Whist Drive we fally expected that 1929 would was held regularly throughout the see the conclusion of definite year. There were a few dances and

If you like good wholesome enter-period in the history of the Mis-ather similar entertainments, but tainment that sends you home with sions to Seamen in Hong Kong. I it is clear not only from our own a satisfied glow, see Edward Suther. As a matter of fact, the amalgama-experience but from that of others land's Paramount picture staring tion with the Sailors' Home is not as well that for the time being at Esther Ralston Figures Don't yet an accomplished fact, but the least it is hard to get a good af Lie" at the Majestic Theatre, delay is due to unavoidable discus Kowloon.

tendance at concerts of the old Esther Ralaton as

sions and we hope however that style, however good. Various ships' a private everything will be brought to a secretary is lovely, and it is not successful issue in the early part maaces here and elsewhere have concert parties holding perfor at all hard to ace why Richard of 1830. Arlen, works in the same office,

failed to attract audiences worthy Falls in love with her. She is strik-

of the talent displayed. ingly beautiful in the beach scene that features one of the more ex citing parts of the picture.

We are extremely grateful to Sir Henry Pollock and the Sub-Com- mittee appointed to deal with the Amalgamation for much time spent on our behalf.

Committee,

Ford Sterling never had a better laugh-producing role than that of "Howdy". Jones. absent-minded

There have been no changes on businessman, and he realises its full possibilities, while Blanche that Mr. G. S. Archbutt very kind. the Committee, with this exception, Payson in splendid: as the jealously accepted the office of Honorary

Treasurer.

wife.

HUMOUR: ANCIENT AND MODERN.

"Does she know many boys H "Know any boys!" Why the swentieth name on her telephone Jist is Alea Adams."

"Couldn't you turn that light right out, darling?"

"Don't be silly, dear. That's the end of Father's cigar."

CROSSWORD PUZZLE.

23

28

2

*

15

16 17 18

10

112

114

15

16

18

19 120 22

24

25 18V 26

127

29

150 31

132

34

138 139

40

45

146

47

50

151

1552

55

156 157

(6)

62

58

1.-Pestry.

Horizontal

4. Whether.''

Vehicle.

11. To lure. 13-Hatiric. m 15.-By.

16. Irritatod.

18-Company (abbr.).

19. Half an cm.

2-Aquatic animal, 22-Pace;

24-After awhile

20.~~ To cease.

28.-A number. 20. To denude. 31-To-flost.. 33.--Plural ending. 34.-Elderly,

-Period of time. 38.-Pronoun. 40.-Difficult. 42.--Tale.

46.-Prefix: now...

47-Parts of shoes

49.A fruit.

50.—Vehicles.

52.---Tuba.

54.-Musical noto.

55.Pronoun.

30.--Foreward.

50-Pronoun

01-To fix 63-Lower land. 65-Beaches,

60-Comparative ending: €7,-Poera.

1. A vegetable. 2.-Purpose 3-French for and, 4-Coola

8.-Celebrations,

Slender... 7-Part of to be 5.-Deities. 9.-Upon,

22

JON

58

54

10. Pertaining to Niceae. 12.-Within.

14.-Contends.

17-Makes lace

20.-Girl's name.

3-Toward. 24:-Since.

95.-Near. 97,--Pastries,

30.-- A fuch 32.-Rugs. 35.-Herdmen 37-Biscuit. 38. To involve. 30-Plagues 41.-Unhearing. 43.Wandered 44.-Pronoun.

48. Conjunction..

48. Part of barrel. 51-To reach over." 83-Mark of wound 57.- free 38.--Spanish article, 60.-Optic 6-Father 64--Behold.

The Seamen's Institute. Under Mr. Watt as Manager the Institute has been kept in exoclient repair and well in order. The Chaplain would like again to pay tribute to the loyal support which he has received from Mr. Watt and the Chiness staff, in all depart

menta,

We were extremely fortunate in discovering that the salt water used for sanitary purposes which is drawn from a well on the premises had become filtered in its passage through the reclaimed land, that it was quite suitable for not only washing the floors and other parts of the building but also for ordin ary washing requirements.

The Catering Department has been kept busy all the year round and the revenue from that source shows a very healthy increase, sure proof that, the conking and quality of the food as well as the very mo-

derate charges meet with the ap proval of those who use the In- stitute.

Receipts from, the rent of the Cabins amount to 81,500 more than in 1998, but as we expected, in view of the opening of the new Wesleyan Sailors and Soldiers' Höme, there was not such a great demand as in previous years for beda in dormi. tories, the decrease in receipts in that respect being approximately 81.200...

The Billiard Table in the Officers' Room was re-cushioned and recover ed, and the other tables in the In stitute also received attention. If finances permit, at least one of these should also receive new cloth and cushions as soon as possible.

M.L.Dayspring."

Ship Visiting,

We received an application for permission for a Temperance Lodga of that great organisation, the R.A.O.B., to meet in our Concert Hall. This was granted, and meet- ings are held every Monday even- ing throughout the year.

SIR PAUL CHATER'S WILL CASE.

JUDGMENT GIVEN BY THE FULL COURT OF APPEAL.

PAYMENT OF INTEREST UNDER FORMER JUDGMENT REVERSED.

PROCEDURE DECLARED BY COURT,

Judgment of the Full Court of Appeal wis given yesterday at the Supreme Court in connection with the estate of the late Sir Paul Chater. At the hearing, Sir Henry Gollan prosided, the other judges heing Sit. Peter Grain (Chief Justice, II.B.M. Supreme Court, Shanghai) and Mr. Justice Wood.

Counsel engaged in the case were Mr. Elden Potter, R.C., with Mr. H. G. Sheldon for the Official Trustee of Bengal (defen- dant-appeliants); Mr. C. G. Alabaster, E.C., for the Hon. Mr. W. E L. Shenton, executor of the will (plaintiff respondent); and Mr. F. C. Jerkia for Mr. J. T. Bagram, one of the defendant- respondeats.

The appeal was for a reversal of a judgment of the Acting Chief Justice (Mr. Justice Wood) in which it was laid down that Mr. Bagram was entitled to interest on his legacy as from the date of the testator's death, that he was entitled to be paid interest at the rate of eight per cent, per annum if the income of the estate was sufficient, and that he should receive payment at the rate of seven per cent. or such lesser rate as the income of the estate allowed to be paid.

Their Lordships the Chief Justice and Sir Peter Grain concurred with Mr. Justice Wood's decision that the judgment appealed from, so far as it prescribes the payment of interest, should be reversed, and that the interim income of the residuary estate accumulated to a certain date under the clauses of the will may be established and then be sub-divided in proportion to the capital value of their respective interestà under the wil and codicil. It was also held that any payments to be made in advance. on account of their interests to the cestui que trust were matters within the discretion of the trustees. Mr. Justice Wood said :--

Second Division of the Appeal.

In the Original Jurisdiction I I now come to the second divi- decided an acting Chief Justice that sion of the appeal by the executor Deep Sea Secüts.

"pending the appropriation of During the past year, the Boy funds under clause 39 of the de- Scouts Association Headquarters ceased's will and pending the set in London, finding that there were ting aside of specific trust funds very many old Scouts in both Ses Services formed a special Branch and pending the realisation of the of the Association entitled the Deep deceased's estate, the "cestui que Sea Scouts, in order to enable trust-or more correctly speaking these old Scouts afloat to keep in their trustee-under clause 8 (a), direct touch with the Movement ashore. The Missions to Seamen 8 (b) and (e) of the deceased's Head Office was asked to give its will and clause 5 of the deceased's support to this now effort and to second codicil,

were entitled to assist in enrolling members, and

this request was gladly granted. receive interim income calculated vice apprentices and officers ap-death and, were entitled further to We have had several Merchant Ser as from the date of the testator's plying for enrolment as well as men

against my original judgment that relating to the rate of inter- est... The real subject matter in- volved is the amount of income which should accrue in the execu tor's account to the credit of these beneficiaries. The Full Court re versed my judgment upon this point and without giving any fur- ther determination of the question raised, invited the parties to con. fer in the hope of agreement, with

verts to apply to the Court. The decision of the Full Court ng that this matter was governed by clause of the deceased's will. found in precedents) designed by Clause 7 is a common form (to be

from H. M. Navy and the Royal receive from the not income of the farines and the existence of Sea estate for any one financial year Scouts meeting at this Institute in after proper payments made, legal practitioners to defent noy

Hong Kong has undoubtedly done much both to arouse interest in the new Deep Sea Scout Branch and to enable us to find out would-be

members.

Services Afloat.

The Chaplain was again on se veral occasions invited to assist the Chaplains of H. M, Navy by tak- ing services in various vessels not Carrying Chaplains. On the other hand be received much, holp in many ways from the officers and men' the Royal Navy, for which he is very grateful.

Finance.

The Financial, position is still far from satisfactory. The interest on the Mortgage incurred to pay for our share of the Reclamation naturally proves a heavy drain of Aur resources, and the problem of making ends meet is causing much anxiety, especially to our Honour ty Treasurer and our Accountants, The embarrassment is in a way only temporary, and we are sincere ly grateful to our Bankers and others for meeting us considerately. But the fact remains that we must keep expenses at a minimum while doing our best to avoid curtailing our activities, and to enable us to keep the flag flying freely we must have more support. For this wa urgently appeal, while expressing our sincere thanks to all friends who have responded so generously in the past.

sum not exceeding eight per coat." per annum upon the capital value of their interest.

It is to be noticed that I did not order that these persons should receive actual cash payment of any given amount or at any given date. in my judginent I spoke merely of the rate of interest on which cestui que trust... may calculate his maximum claim to income."

application of the rule in "Howe the Earl of Dartmouth 17 Vesey 127), to the administration of an catate. Its effect is to pro- vide that net rents, profite and in- come from a testator's estate, de rived at any time after his death, shall be classified by the trustees in the accounts of the estate as the income of the financial year in able, and consequently, that the which they are properly account- capital value of the estate, as exist ent at the date of the testator's

Other questions may still be death, shall not be enlarged by any such accretion of income, whether raised upon this portion of the it be found to be sufficient or in- Originating Summons.

The deci sufficient to meet the claims of tion of the Court was confined to beneficiaries under the will upon the two puiats set out above.

the capital fund. The clause pro- My selection of the figure, cightvides also that the entire proceeds per cent, was not influenced by of the realisation of any reversion. the consideration of the actual adary property (that is to say, 18 ministration of this estate. I held well as every other type of proper that this rate. was prescribed by ty) shall be necounted as belonging the rule of Court dated October 28, to the capital fund only. The 1209, and made under section 13 direction of the testatar contained of the Code of Civil Procedure in the clause does not furnish" a (which section is identical with method of distribution of the i Order 53, rule 6 in the English come fund among the claimanta Practice).

thereto. It merely indicates that the funds from which claims upon capital and claims upon income respectively made be satisfied.

The authoritative precedents are to be found in the following cases: In re Davy (1908) 1. Ch. 81" "In re Beech (1920) 1. Ch. 41 "; "Gubbay Gubbay (1523) 15. HK.L.R. 47)

This little vessel is just as popu- lar as ever. We find in the summer months that requests for the lon" of her for bathing parties, especial- ly by H. M. Ships, in addition to

Clause 7 of the will must, of the many picnicg and bathing par-

course, be read in this connection ties that we arrange ourselves come

with clause 8. Under clause 8-the thick and fast. The Chaplain was

These bereäciaries were thua ac- testator directs the trustees in the actually on board her during the

corded income assignable in law to matter of the application of monies typhoon in August, and was sur-

pecuniary legatees with operation from time, to time and ultimately prised at the splendid way in which

from the date of the testator's appearing in the capital account of The Rev, R. H. V. Brougham. she rode out the gale, though it

death

the estate as the process of its ap- is true that she happened to be in A warm welcome will be extend-.

Against this judgment. the execu-propriate investment advances and esplendidly safe anchorage Sheed to the Rev. R. H. V. Brougham, ter appealed. In the argument of is completed. After deductions for is licensed to carry 70 persons, in who has come to take charge of the the appeal no submission was made specified purposes (and here refer cluding the crew, within Harbour work of the Society in Hong Kong on behalf of the appellant on the ence may also he made to clause 13 limits, and 35 outside them, and is during the absence of the Chaplain question of the date of the com- of the will) the trustees are in- of course properly insured. on furlough. Mr. Brougham has moncement of the income to be structed to stand possessed of the had wide experience and has al-credited to these beneficiaries remained ("herein collectively re- ready found friends affont whom My original judgment on this point ferred to as the residuary estate") (as the learned Chief Justice has as a fund for the purposes set out. he had previously met in Australia.

remarked in his judgment here in the clause. Statistics for 1929.

under appeal) muzt therefore This fund is the residue of the stand. The present appellant, the estate. I cannot and that any in-": 1,400 trustee for the beneficiary under testacy emerges under this will clause 8. (d) of the deceased's will, after its provisions have been duly so may not here be allowed to re-open complied with. The fund referred

the consideration of this point, to in clause 8 is a true residue Da And indeed, the "matter becomes something into which all otherwise academic merely if the final suh unalloted capital of the estate is mission of his learned counsel as to merge. It is true that clause 23 to the rights inter se of the bene- 13 of the will speaks of "the funds ficiaries under clause 8 is accepted created by elause 8 (a), (b), (c) or by this Court. With the consent of (d) of this my, will" but this lan- this appellant, the executer has guage refers to the sub-divisions of 574 already made payments to these the residuary estate referred to in beneficiaries, calculated at four per clause & and not to that portion cent, per annum upon the maxi- of the estate regarded as a whole, 49 mum value of their prospective Clausn. 12 renda ''8 (a) (b), (c) or fund, and has made these payments | (4),” not “b (a), (b), (c) and (d).” upon an account prepared as from This residuary estate is by clause 118 the date of the testator's death. 8 definitely set apart and assigned

The scheme for administration of the income submitted to this Court on behalf of the appellant at the close of the reply of his learned counsel contemplates: a credit ac- cruing to these beneficiarica: "ne 12,859 from that date.

This has been. regularly, carried uut, under ordinary circumstances six mornings in the week through- out the year. The Jaunch also fet ches men from and returns them to their respective vessels before and after any social event or Sun day evening and other services in the Institute. YESTERDAY'S SOLUTION, Church services.

3600

WAS SCOFE ZAD

RA OOZES EGO CAIN PLETOE

BAFE ALB HABE ENDURANCE

HEE RE ESPY HO

QUEER BEBUT ADE SELES

So long as the present unsettled state of affairs in Chins exists, cannot expect to reach again the average of attendances that wis shewn in the early years of, the past decade. There is as in many other ports a definite tendency for shipping to sail on Saturdays.or Sunday mornings, and in this har- bour of quick fransition the num- ber of men attending our little chapel depends almost entirely on the British ships in port other than Coast vessels.

It is gratifying to note that though the actual number of al tendiness is less than in 1928, that of.Communicants has increased.

Approximate Number of Visits paid to Ships Number of Visits to Hos

pitals

Number of Services held in

Seamen's Institute Number of Services taken by the Chaplain in H. M. Ships. Administrations of Holy Communion in Institute Chapel at which Sen. farers were present Attendance of Seafarers at Holy Communion

Number of Social Events of

all sorts arranged by the Society locally Attendance, at Spcial Events (Concerts, Dances, Ten- nis, Picaics, etc.) Total Number of Beda oc

cupied in the Seamen's Institute during the

year.

3,941

for the benefit of certain persons who are true residuary, legatees and are entitled within the terms of the clause to the benefit of the corpus and of the income of the residue of the estate.

(Continued on Page 4).

QUEEN'S

PART-T4/

ŚWILLIAM FOX.

CHRISTINA

wich

JANET GAYNOR

In a role that combines. the dramatia farroar of "7th Hoston" with the wistful taadertiens of "Street Angal

COMEDY

OLIVER HARDY

AND

STAN LAUREL

IN

"A PERFECT DAY”.

FINAL SHOWINGS TO-DAY At 2.80, 5.10, 7.15 & 9.20.

WORLD

buster

keaton

spite

marriage

FINAL SHOWINGS

'.

TO-DAY

At 2.30, 5.15, 7.18 & 9.20

STAR

HONEY MOON"

with

POLLY MORAN, HARRY GRIBBON

AND

"Flash

TO-DAY & TO-MORROW

A 5.30 9:20.