1935-06-22 — Page 11

"IS LAW REASONABLE"

(Continued from Page 7)

and

doctrines

HONG KONG DAILY PRESS, SATURDAY, JUNE 22, 1935.

AROUND THE RAINSTORM SAVES RECS

COURTS

(Continued from Page, 6) A banishee who returned 'before continental his period had expired, Wong Hin. aged 98, was sentenced to six months hard labour by Mr. Mac- Fadyen at the Central Magistracy. yesterday. He was banished or 10

ed English case to the effect that val of the legal professian he was not. There was an Irish

irrational to prevent

No the effect that he was being adopted. case to Stl the judge considered himself bound by the unreported English case, reference to which was found in a case that had been reported. It was clear that the Judge would have liked to follow the Irish case but as it was, technically "not binding on him and, as the Eng 11sh case was, he followed the latter.

nation, for example, has anything corresponding to that Doctrine of Common Employment which I have already explained.

||

con-

Whatever we may think about the "relative advantages and dis- advantages of the two systems, it seems certain that the countries that follow them will continue-to do so for at least many years to come. There are however definite signs in both France and England; of a partial adoption by each of the methods of the other. In England large portions of our law have in fact been codified includ-

the

of Important subject procedure, in the orders of Court. The law of Bills of Exchange has. for example, been embodied in the Bill of Exchange Act.

years in April 1934. Defendant said he took a walk from Swatow and wandered into Hong Kong.

•

Fine Bowling By Jenkins

Shanghai, June 18.

Booth, st. S. Kermant, b. Madar

H. Rogersan, not out... J. C. Jenkins, b. P; Madar

Extras

Total

26

2

13

21

Z.... 299

Fall of wickets-3-4. 2-113, 3– 163, 4-167, 5-209, 7-216, 9-285, 10-

299.

The first match of the rubber between the Shanghai Cricket Club and Recs ended with a draw, the latter having yesterday's sud- den rainstorm to thank for their rescue from what would most pro- Appearing before Mr. Wyme-bably have been a heavy defeat. Jones at the Kowloon Magistracy

With the Club's total of 299 yesterday, a woman. Leung Hing. against them, the Recs opened admitted a charge of returning poorly to amass but 45 runs for from barishment.

She was ban-six wickets when play ended on ished for ten years. Defendant Saturday. Resuming yesterday at stated that she was deaf and was noon, they managed to scrape past Wilson.................. under the impression she had the century mark (107) before be- P. Madar. been banished for five years. Aing dismissed. The follow-on last-F. R. Kermani remand of 24 hours was granted. ed only 30 minutes before the Divecha

storm broke to end the game with White "Found in the hallway on thea single wicket having fallen for 25 Shroff ground floor of Harbour View Hotel runs, at 1.30 pm. on Thursday. Wong

Harry Madar at sixth wicket in Tak. unemployed appeared before the first innings did well to carry Mr. Wynne-Jones at the Kowloon his bat undefeated, although his M. J. Divecha, b. Jenkins ....... Colonies

Magistracy yesterday, charged contribution amounted to only 18. with lettering. Defendant said he Torry Wilson, the Recs veteran

more

As the law stands a" "wife is heir to her husband but a hus- band is not heir to his wife", so far as personal property is cerned; except in Ireland, where. as we might expect, the logical rule prevalls that each is Ing heir to the other.

My subject is. I would remind you "Is law reasonable"? I have said all I have to say about the Common Law system followed in England, mest of her American and largely in India. Now I will say 'n few words about the system which, following the great French Code Napoleon, are codified systems.

Of course at first sight a code is attractive, particularly to layman It has a kind of stick assurance about it which is lacking in our own system. When I was at the University we had a Professor of law," a man of widh and even of European reputation, who used to carry codes about in his pockets. the Italian in one, the Swiss in another and no pocket was with- out Its code. "All this seems very nice and satisfactory compared with our system of having to hunt

In France on the

other hand

there has been a distinct tendency to report cases better and to rely

that of

of

on them more frequently. In one particular branch

was looking for a cook named Administrative law" there is in Wong Chi Chung but he did not fact no ende. The whale system know if he worked there or not. has been evolved from precedents. It was stated that

no employee. namely the decisions of the Ad-bore that name,

On the applica- (which are tion of Detective-Sergeant God- ministrative Courts,

dard the accused was remanded until to-day, in police custody.

distinct from the ordinary ones) at the head of which is the great and highly respected Court called the Council of State...a creation. by the way, of Napoleon's.

in knocking a useful 22 as last man skipper, alsq made a vallant effort

In, and this proved the highest score of the side.

if

11

HUNG CHEONG

GROCERIES AND PROVISIONS

WINE AND SPIRIT. MERCHANTS_

66, NATHAN ROAD,

Tel. 57108.

CROSSWORD

PUZZLE

Bowling

10

0. M. R. W.

20 3 82

2

14.3

3 43

8 0 39

1

14

1 ·68

ร

6 0 22 Q

7

0 24

1

38

<1

20

121

S.R.C. 1ST, INNINGS S. a. Kermani, b. Jenkins......

C. J. Smith, c. Barson, b. Stokes

A. G. White, b. Rogerson.....

F. R. Kermani, b. Jenkins "...... V. Evans, c. Rogerson, b. Leach H. P. Madar, not out

A. A. White, c. and b. Hooth ... P. Madar, L.b.w. Jenkins 8. F. Shroff, b. Leach T..W. R. Wilson, b. Booth

Extras

Total.......

1

17

0

20

10

0

31

9.

32

16

1

8

22

73

21

6 NOTE-Figures in parentheses indicate number of letters in the

13

22

10

105

Fall of wickets-1-12. 2-12, 3-24, 4-24, 5-42, 8-42, 7-45 6-82. 9-78, 10-105.

Jenkins recorded" an excellent bowling average. Taking. 14 overs, out of which six were maldens, four wickets were returned for 23 runs; Admitting a previous conviction Booth came next with two for 14. last year, for a similar offence and In following on, the Recs again another conviction in 1931 for opened none too brilliantly for C. stealing, Cheung Lol, unemployed, J. Smith was returned for a duck was sent to prison for four months in the second over of the innings. by Mr. Wynne-Jones at the Kow- He very nearly survived, for "Pea- con Magistracy yesterday when nut Marshall, fielding at point, he pleaded guilty to theft of elec- stretched Ligh

to drop Smith's tric fittings from 498 Reclamation chop from Jenkins, but recovered Stokes Street. Defendant was also placed in remarkable fashion to catch the Jenkins under police supervision for their King,

a ball before it could reach the Rogerson

Leach James 11. without making repeat- term of two years on the expira-ground.

tion of his sentence. Detective-

Both ed references to what had happen-

Sam Kermant, in contrast to the ed in the reign of Richard II It Sergeant Allen said defendant was found by a detective crouching on

previous day, batted with con- the stairway. He

Edence but the rain fell before an searched and the fittings were discovered.

I have made mention of these other methods of legal procedure as there is in England amongst laymen a rendency to criticise the precedent system. As a boy 1 used to read Macaulay's History of through umpteen volumes of re-England" and was always rather ports In order to deduce one puzzled to know why the Whigs single proposition of law. Still. I could 'am told,

even codes have their drawbacks. They are not quite so

reasonable as they look. They do

not turn out

that

people

was

mers and pliers in "his possession,

Bowling

O M. R. W.

31 1

ACROSS

·words required.

-Turning points in many a fly-

ing man's career 16),

6The musical character

broken timber (6). 10-A fireside dog this (7). 11-South Sea island (8).

12-To cry like a child livens for a

change (6).

13-Pacify (7),,"

16---An hourly adjective (5)

10 2

14 6

23 4

་

1 7

1

6

1 20

2

18 "Civvies" (5),

8.2 4 14

2

S.R.C. 2ND INNINGS

S. R. Kermani, not out

increase to his 13 could be made.C.J. Smith, . Marshall, b the sometimes get a shock when they. He also had screw-drivers, ham-s partner ship with Divecha

hear that their case is to be de-

realizing 25 runs. cided by some rule laid down in.. say. the reign of Henry VI, or even Elizabeth. Well perhaps they don't always hear these technical details.

as a rule prohibit the following of, is all clear now, to me, but I can precedents as such. The French quite understand code certainly does so. At same time the French report their decided cases, but not as fully as we do in England, and they also keep on "explaining the code in treaties of vast bulk and profound erudition, No French lawyer would appear before. the lowest tribunal armed with the code and nothing else.

Still when it is all said and done there is a great deal to be urged in favour of codification, and its logical sequel the relegation of precedents to persuasive

1

and not a binding status. Of course

N

j

To canculde I will say this that while there is a great deal in the law which even its admirers can

Ok

HEALTH BULLETIN OF EASTERN PORTS

!!

WEEK ENDING JUNE 15, 1935" Plague:-Bassein, 1 case: Ran- goon, 1; Colombo, 1.

S.C.C. 1ST INNINGE

17-Histrionic parts (5).

19 The animal which arrived be-

fore the half-century (5). -

ing events (4). 7-You'll find this adjacent to the

bull ring (5).

8-Sian; (5).

9-Travellers' prefer not to stay

long on this island (5).

14 Sovereign certainly, but no

ruler (5).

15---Cortes conquered this tribe (5). 19-Ciphers (5).

20-This estate might be Roman #

(5).

21-Thus far, and no farther" (5)

22 Certainly not a straightfor

ward remark (5).

23-Algerian cavalryman (5).

22-It's naturally a crime to be-24-n-nautical knots (5),

head a clergyman (5). 25-Mathematical exponents (7).

29 Many do make this sort of ma-

chine (6).

30-Cornish saurian (8). 31-Being deficient in health he

may well lack weight (7), - - 32-The spirit of a priest (6). 33-Lofty dwelling places (6).

13

Jenkins

0

M. J. Divecha, not "out

8

H. P.. Madar, P. Madar, A. G.

White, S. F. Shroff, T. W.-R.

H. D. Bidwell, lib.w. P. Madar L. F. Stokes, c. P. Madar, b Wil-

son

2

57

Wilson, F. R. Kermani, V. Evans, and A. A. White did not bat

E, .M. P. Williams, b. Shroff D. W. Leach, c. Smith, b.

Divecha

68

Extras

4

☺

23

F. Marshall, p. Shroff, b F. R.

Kerman!

Total 1 wkt.: rain stop-

ped play)

25

20

24

Bowling

OM. R. W.

0 Booth

1 Jenkins

4 0 15 0 3.2.1

$

11

A. J. Barson, c. H. Madar, b P.

Madar

O. G. Simpson, c. P. Madar, b.

Wilson

Cholera-Calcutta, 146 cases; Madras, 3; Moulmein, 12; Rangoon, 2: Chittagong, 4; Pnom-Penh, 1.

Small-Pox:-Bombay, 5 cases Calcutta, 17; Karachi, 3; Madras E. P. Greece, hit wkt. P. Madar 4; Negapatam, 2; Rangoon, 2: Haiphong, 1: Vizagapatam, 7;

hardly describe as rational, parti- cularly in small matters, yet on the whole there is something to justify Lord Coke's claim that law is the perfection

reason. Bentham, the great English law in our English Courts we often reformer, was no admirer of our cite cases which are not techni-system yet he freely admitted cally binding on the Court sien that our law reports contain an as Irish, Scottish, American and

amount ΟΙ what is Hong Kong, 1; Shanghai, 3; Kobe, valuable and, what is more, well

Colonial cases They are usually

listened

to

with attention on account of their persuasive force There is much to be said for system in which the main provi- sions of the law are embodied in

2

enormous

expressed. The judgment of our close reasoning and lucid exposÍ- great lawyers are often marvels of

tion I have dwelt this afternoon mostly on the defects of our law. But there is a bright side as well

code, which is periodically Read, if you can get hold of them brought up to date. In that case

ترکی

PASSENGERS

PRESIDENT VAN BUREN. · The following passengers arrived-

ARRIVALS

21ST JUNE.

Pel Ping. Swedish steamer, 3,834 tons, Captain H. Borin, from Manila, Holt's Wharf.-Güman & Co

the judgments of such judges as in the Colony on the ss. President Fingal. Norwegian steamer, 1,214

times Lord

all matters of detalt can be de- Lord Cairns and Sir George cided without rigorous regard to Jessel or in modern

Van Buren:—Mr. and Mrs. E.

tons. Captain N. Kaltenborn. from Cornell, Rev. E. Orowell, Mr. VIE

Bangkok via precedent that our

Swatow, system re- Summer and you will be astonish-Kong Han, Mr. Chu Kul, Mr. T. M.

buoy No. Bil.—Thoresen & Co. quires.

ed how easily you can understand Lang, Mr. Chang Ming Chang.

Yunnan, British steamer, 1,634 Such a system makes it far them. They are indeed instances

PRESIDENT JACKSON

tons, Captain D. Wilson, from easier for the Courts to get rid of which show how thoroughly ra-

Bwatow, buoy No. 20.--But- the effect of previous decisioris tional law can be

The following passengers arrived terfeld and Swire. which do not command the appro- Well, then taking everything the s.s. President Jackson from into consideration and having re-

Manila yesterday: Mr, J. Beret. viewed "as best we can the some-

guer, Mr. F. G. Carag, Mr. Cu Tho, times obsure processes of the law, Mr. Fred L. Emerson, Dr. Nora M can we say that it is. In general. Fairchild, Mrs. Margaret Glass, Mr. reasonable? Can

Go Lang, Mr. Leong Née Fong, Mr. We agree with

C. Liaram, Mr. Sydney Mac-

Lord Coke

i

or are we forced to

michael, Mr. G. de los Reyes, Mr. 5. Sanchez, Mr. James N. Tracy, Miss Betty Turner, Mr. Ung Jan, Mrs, Wong She.

FUSHIMI MARU

Beistan. British steamer, 1,571

tons Captain R. from Swatów, Douglas Wharf.

-Douglas & Co.

C. Creer.

Juno: Dutch steamer, 1.385 tons, Captain G. Teerling from President Van Buren, American Takao, Talkoo Dock-A. P.

steamer, 6,195 tons Captain J. E. Murthy, from New York via Japan and Shanghai. Krw. loon Wharf.,--Dollar 8.8. Line.

DOWN

1-The little church behind the

mine is black and solid (5), 2-Famous composer of waltz.

music: (5). 3-Native-in S. Africa anyhow

(5),

26---Not 1 (4).

27-Typleal Bolshie who might

become vain (4). 28-Lamb! (4)..

The following is the soluti or of yesterday's puzzle:---

Across.-1. Cribs, 6. Bal-v-e, ̧§. Hatchet, 10. (s)-Ample (r), 11 Augur, 12. Bayonet, 14. Mecca, 15. Sue (use), 16, Easel, 17, Ton-ic, 19. Fee, 21. Boast, 23. Aver-age, 24.. Rhomb, 25. Naive, 26. Bu-colle, 27. Hussy, 28. Hinge.

Down.-1. Charm, 2. Impecunious, This cut 15 colloquially a cer- 3. She-BA, 4. Stays, 5. Chine, B. tainty (4),

State, 7. Legislation; 8. Enrol, 13. Outer, 17, Torch, 18. Cabby. 19... Fence 20. Early, 21. Bench, 22 Theme.

5--More than fifty above me in

the tree (4),

SOUTH AFRICANS 6A preliminary to many sport-

SUBDUED

Lancashire's Grand Fight

(Special Air Mall Servicë)

Old Trafford, June 7.

during their present tour, brought

WIRELESS

CABLE &

LIMITED

The Eastern Extension Austra

lasta and China Telegraph Com-

Message Receipts

Inder Numbers:

These index numbers represent A splendid day's cricket was seen pany, Limited advise that the fol-

the estimated monthly receipts here yesterday. The South Afri-lowing was received from their

from traffic as related to compar cans, meeting Lancashire in the Head Office; London"

able traffic in the year: 1929. It first of their matches in the North

should be noted that since 1929 An index number will be issued the operation in various overseas a refreshing change from country in time for publication on the 20th areas has been taken over at du championship matches, and if of each month, and as the course ferent dates by the local associated none of them accomplished per- of these, traffic receipts has al companies, and the total figures formances of outstanding merit, ways afforded a valuable indica for 1929 taken for purpose of com- give a crowd of about 8,000 plenty cat activity, it is hoped that, in 100, have therefore been adjusted they were enterprising enough to tion of world trading and commer-parison in establishing the Index of reason for enjoyment on a addition to providing an indication when necessary by the omission of pleasant day.

of the Company's traffic for its the receipts accruing in the areas

NEW MEDICAL

DISCOVERIES ABOUT agree with the less flattering ver- diet of Mr. Bumble? Well, each INDIGESTION

of us must" Judge for himself. Relief quick relief is your one For my part T-think-the-law-is- overwhelming necessity when suffer in the main reasonable. That it ing from

Fushimi Maru, Japanese steamer, ed paine and is not entirely so is that it is indigestion. That is why leading law, a thing largely of man's con- nedical authorities specialists, trivance. If law were perfectly doctors, hospitals-recommend and reasonable it would be something specify Bisurated Magnesia for better and higher than it is, or even the most obstinate cases of can as yet claim to be, namely the dyspepsia, acid stomach and diyine thing that we call Justice.. kastritis.

stomach

They know (for they are in touch with the latest developments in medical practice) that recent niedical research and numerous X-ray photographs of actual cases of indigestion, have proved 'Bisurated Magnesia, to be the quickest-acting and the most effec- live stomach remedy known to medical science.

'Bisurated'. Magnesis is a com- plete treatment for the prompt re lief of all stomach troubles. Not only is it a potent neutraliser of the harmful acids which cause in- digestion. and stomach ulcers-it also spreads a soothing, protecting. flm over the inflamed stomach lin- ing

Get Bisurated Magnesin powder or tablets from your chemist pr store to-day bus always look for the oval BISMAG sign on every package if you want the quickest, acting stomach remedy known.

CLEARANCES

21ST JUNE,

Yochow, for" Hollow"

Dieke Rickmers, for Shanghai Ixlon, for Mike................ Crefeld, for Singapore Sauerland, for Manilla Tangshan Mara, for Foochow Canton, for Haiphong

Clara Jebsen, for Swatow Talma, for Singapore Hang Bang, for Swatow Yunnan, for Cantori Hai, Tan, for Canton Kamo Maru, for. Yokohama Akibasan Maru, for. Koanlan Kiungchow. for Bwntow

President Jackson, for Shanghai

|

The following passengers arrived į from Shanghal on the ss. Fushimi Maru yesterday. Mr. V. G. Alberto, Mr. and Mrs. H. Den, Dr. Jose M. Ebro, Mrs. Aimee Ambrose, Mrs. A. L. Balfour, Miss D. Cauldery, Mrs. G. Edwards, Miss E Freeby, Mir. Leon A. García, Mr. Jose A. AL Ahavas, Mr and MIG, W. Graham, Mr. Vincente Gulnoo, Mr. and Mrs. J. B. Hayes, Mr. and Mrs. 3. Eocking, Mrs, W. F. Hood, Misa Shellis Hayes, Mrs. Isabel Kelley, Mr, Antonio Habana, Major V. R. Kirk, Mrs Sybil, Lickter, Mr. N ̧ G. Nair, Mr. C. L, Navares, Mr. Belicht Kita,; Mr Gentaro Misawa, Mrs. | Catherine Moylain," Mr. OSV. Prasalor, Mr. Row Tah Sel, Mrs. Vincente V. Timzko, Mrs. Ruby Wilson, Mr. and Mrs, R, Wilkie, Mr. M,. P. "Webber, Mrs, Wong Tho Sho, Miss Edna Wright, Mimi F. D. Wright.

SHIPPING MOVEMENT

The Blue - Funnel steam ship Agapenor will arrive from Dairen on 25th June, 1935.

It was to the credit of a weaken-stockholders, it will be found of sected. The index numbers are

value to observers of world econo- Lancashire, team-Watson

in consequence, all shown upon a mic conditions.

comparable basis. Monthly figures reduced to working day average. Working day average of comparable receipts, year 1929-100,

6,246 tons, Captain 8. Kumura, Tyldesley, Duckworth, Sibbles, “and from Yokohama via Shanghai, Pollard are still nursing in- buoy No. Al-N. Y. K.

Juries that they put up # Kamo Maru, Japanese steamer grand fight in the field. Booth's 4,885 tons, Captain K. Ogawa, excellent bowling was a feature of trom Manila, Kowloon Wharf. the day's play, while fine catches

N, Y. K

and capital ground work, particu- Pres. Jackson, America: steamer, larly on the boundary by Wash

8,377 tone, Captain M. Beavey, brook, Lister, and Paynter, re- from Manila, Kowloon Whari.trieved an early error by Eckersley,

American Mail Line; fut the captain. Kalgan," "British steamer, ́1,558.|" - tons, Captein 0. Stringer, from Bangkok via Swatow; buoy No. B17-8. & 8.

Somali, British steamer, 3,521 tona, Captain T. · H. Kamp, from Moji via Shanghai, buoy No. A2M, M. & Co.

20TH JUNE.

Tangshan Maru, Japanese steamer,

1,284, "tone," Captain K. Kal hotau, from Canton, buoy No, BIG N. Y

Sauerland, German steamer 4.193

tons, Captain W Metzenthin from Dairen via Shanghal, buur No. 10 Jebsen & Co.

"SOUTH AFRICANS. First Innings.

I. J. Bledle. lbw (N),

Booth

B. Mitchell, lbw b Parkin-

son

H. F. Wade, b Booth

A. D. Nourse, C Hopwood, b

Booth

K G. Viljoen, e Hopwood,

bBooth

H. B. Cameron, v Iddon, b,

Parkinson

EL Dalton, b Phillip

C. L. Vincent, lbw b Phil.

Upson

D. Tomlinson, ć Farrimond,

Booth

January February

March

April

Mar

June

July

August

September October November December

A. B. Langton, b Booth

·R. J. Crisp, not out.

Extras

Total

288

Bowling Booth 6 for 73, Phil- lipson 2 for 82 Parkinson 2 for 68, Hopwood 0. for 26, Iddon, 0 for 11:

- Lancashire --First Innings? */ Hopwood not out. 23 Washbrook c Vincent

1930 1931 1932 1933 1934 1935 98.0 76.3 124 89.0 71.8 73.2 95.7 81.2 82.9 71.1 74.7 74.4- 04.5 70.8 77.8 70.4 72.8 76.2 94.9 74.5 714 71.8 71.6 74.6 -86.2 88.8 67.7 10.7 75.1 715 80.0 66.6 64.70 10:1 70.1 80.8 64.7 63.2 67.5 68.9 82.1 018 62.6 65.9 70.7 81.4 73.071,4′′ 67.9-70.3 82.5 77.8 73.2 72.1^73.8 80.479.0 73.0 718 713 87.1 83.6 78.8 76.7 80.7

Langton Iddon, c

Paynter,

Langton Oldfeld, not on

Lister

Total (3

Booth and Phillipsoni

Crisp.