1939-08-09 — Page 7

11

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HONGKONG DAILY PRESS

AMUSING TALK GIVEN AT ROTARY CLUB TIFFIN

MR. H. C. MACNAMARA ON FRENCH- ORIGIN IN ENGLISH TONGUE

A very large attendance at yesterday's weekly tiffin of the Rotary Club in the Roof Garden of the Hongkong Hotel listened to a very interesting and amusing talk"given by Mr. H. C. Macnamara entitled, 'Law-French," in the course of which the speaker traced the introduction and persistence of words of French origin in the English tongue, especially in legal terminology.

THE ADDRESS

In ordinary parlance the word "heir" means one who takes the property of a de- ceased person, to a lawyer it signified, until very lately, ons ~ who took only the freehold land and not the other pro- perty of the deceased, which passed to the next-of-him.

Mr. Macnamara said, in part:- The nature of the subject I am about to discuss is best illustrated by a story. An Irish Barrister once made a bet that he would address the jury in a certain case entirely in words of one syllable. At the outset he had to devise' some means of avoiding the cus-

Let us consider the position of tomary "Gentlemen of the Jury" the Legal Profession when the and this he succeeded in doing by statute I have just referred to opening his address with these commanded them to drop their words "You twelve good men and French and to take up English true in that "box."

as their medium of expression.

CROWN LAND SALES

Stanley, Kowloon

Lots Bought

Stanley Inland Lot No. & cotz- prising an area of about 6,000 square feet, was sold by public suction to Mr. V. F. Wong, of No. 11 Tytam, at the upset price of $1.500 at the Crown Land sale at the Offices of the Public Works | Department' · yesterday afternoon...

The annus rental" is $88.

New Kowloon Triland Lot No. | 2853, adjoining New Kowloon In- land Lot No. 1854, Castle Peak Road, Cheung Sha Wan, and con- taining an area of about 4.896 square feet, was purchased for $8.198 by Mr. Tee Kew Lap, of No. 25 Gilman's Street, first floor. The upset price was $4,896 and the annual rental is $68.

INCENDIARY BOMB DISPLAY

IN KOWLOON The Air Raid Precautions Officer

announces that 24 incendiary

GENERAL

Cheung Chau News

RESIDENTS' ASSN. MEETING

The annual business meet.. Ing of the Cheung Chan Re- sidents' Association was held

on

-шаш

in the Assembly Hall Monday, Aux. 7 at 10 There were DVOR ANY bers present, and much In- terest was taken in the pra- ceedings, which were quite harmonious.

the

Mr. D. O. Süver occupied chair and was ably supported by the Rev. Mr. Ream, acting. Betre- cary, and the Rev. W. M. Burn – side.. acting treasurer, in the absence of Mrs. L. Franklin, who Is now on her way back from England.

The meeting opened with 1 prayer by the chairman, and the minutes of the previous meeting

were read and contrined,

Now officers

The various sub-committees then gave their reports and the following new office-bearers were

Whether this unusual style of ver since the Bar had been a bomb display' will be given at elected. by ballot:--president, Rev.

origin.

date.

dents, Messrs. D. O. Sliver and J. Arthur G. Lindquist; vice-presi-

[P. Aalbue; secretary and trea- L. Franklin; chair- surer, Mrs. inen of committees; religious, Mr. Allan... Mackenzie; sanitary. Mrs. Rex Ray; social, Miss Bovik; finance, Mrs. Cockfield; trans- port, Mr. James Smith.

Mr. Burnside read a

statement

address advanced the interests of Bar French had been its language. Salle College for the benent of his client history does not relate All the lawyers had learnt their qualified wardens and instructora but it shows the dimodity in law in the Inns of Court in that on Friday, August 11, at 6.30 p.m. legal proceedings of adhering to language, their practice in Court! the old adage of using short had

A further demonstration for the been the same, all the Saxon words in preference to technical words they used, with

public will be given at a later longer words of Latin or French very few exceptions, were French.

Such words as Beisin, Assize, I *Gentlemen" and "Jury" are both words of French origin and trust, tort had a fixed and "autrefois acquit as the case, technical meaning. All this they may be meaning that he has as I proceed I will show you how were expected to drop and to already been convicted or acquit of the accounts which showed A impossible it is for an English or use a language which, however ted either of which is a bar to good balance in spite of the very American lawyer to avoid the use convenient it may have been a subsequent prosecution. There heavy expense in connexion of words of French derivation as in every day life, had nothing was once by the way, a litigant the new concrete roof on the hal! they comprise almost the entire mit of the least value to the in Ireland who was always asked this year, and a proper balance legal vocabulary. Moreover we trained lawyer.

in cross-examination whether he sheet would be printed and sent make constant use of words that

had not once been acquitted, by a to all members in the near future: are still actually French.

Limerick jury, on a charge of

Social Activity" murdering his wife. The sug- Recently there has been a con- gestion implied being that in the siderable amount of activity along County of Limerick only the

the social line. Several concerts guilty were acquitted.

have been held both in the hall and at No. 1, "Sunnyside.","

„STRIKING FACTS

These are indeed striking facts and seem to indicate, 'by them selves, that at some period or other French was extensively used

Legally an unmarrfed wo- mian is a "Teme sole," but I doubt very much whether a lady would care to be so des- cribed. It is almost as bad as that appalling word "Spin- ster."

Consequently French con- tinued to be tised but it gradually died out and gave place to the highly Frenchl~ fled English we now use.

FRESH PHRASES Leaving on one side Law-French -in connection with our Law and as an historical language let us this surmise is very fully borne consider a few of the numerous out by reference to history. French phrases, which are stu

Another fact which is no a living part of our law. In any less striking is that on certain, lawyer's Library you will find a ceremonial occasions the most

book on Torts. It is the same solemn formulas of English word the French word "tort"

SPEAKER THANKED law are pronounced in real meaning wrong. But it has no

Mr. Macnamara was thanked by French, as opposed to the currency, as an ordinary English Rotarian the Hon. Mr. M. K. L. Anglicized French words.

who related that when he was in Another amusing intance of the In law it has an excessively England several years ago he heard use of French on formal 'occasions

A. breach of of a reporter on the staff of the technical meaning. is the "Conge D'Ere." When a contract is a legal wrong, but it "Dally Mail who was reputed to Bishopric 15,

To libel someone be able to write on any topic un for ony reason, vacant it becomes the duty of is a tort, but the appropriation der the sun: In Hongkong, said

woord.

is not a tort.

J.

with

Mr. G. Sauer gave a lecture on "Beribert" ilustrated by talking films, picnics and sports for the children, and a tea party on the Afternoon Beach for the soldiers In camp on the island, religious services held throughout the year, and special meetings were con- ducted by Dr. French Oliver and Mr. Edwin Orr.

A Bible Conference is now being

held this week and the opening. service was conducted by the Rev.

J. A. Kempi, to which all friends from Hongkong were welcome.

the Dean and Chapter to elect of trust funds to your own use Mr. Lo, there was Mr. Macnamara, The children's service is from

a successor in that once and this intimated to them by the Crown in a Conge D'Elire L ́e. al licence to elect. This august and high sounding document is ac- companied by a letter informing the Chapter of the name of the person" to be elected.

No Chapter has ever, so far as

is not.

It would meet a long felt want if someone would invent an English word to fill the place of Tort: but that is

who could always be relied upon to give an interesting talk on many varied subjects.

tional hour led by the Rev. J. Mor- 9 to 10 a.m. followed by a "devo-

The meeting was presided over rison of Tsingyeun City, North by Rotarian Major E. D. Walker. River. Bible studies by the Rev. who welcome visiting Rotarians W. C. Newbern of Nanning. St., just the trouble, nobody can...and guests The chairman said it are held daily at

11 a.m. and Another French phrase I have

of song already mentioned is "chose in was a great pleasure to have at the evangelistic service action:" for which we have no

the meeting Rotarian Dr. C. T. commences at 7.45 p.m., ali Wang, former Chinese Foreign which are being well attended. exact English equivalent. More- Minister and Ambassador in Wash-

I know, refrained from electing over even lawyers themselves areington, who had brought his "in- "the person so designated. This not over clear as to what the ex- sensible plan obviates any chance pression

means. Shares for

MAJOR. DEL COUET

of.

the week ending Aug. 5, as against 9,178 on July 29, a decrease of 182. Urban, Areas (Civillans) King's Park, 1,283, against 1,370 on July 29.

REFUGEES IN terporters in full force. The of a contested election; and example are "choses in action."

THE COLONY latter, said Major Walker, 'had be- saves" both time and trouble. All There is much to be said for "trustee" is-one who holds pro- Rotarians, whom

come known in Hongkong and of you know what

There were 3,994 refugees and A along the coast as vagabond destitutes accommodated in Gov- extending it to Parliamentary Elections as well, and I have no else. Very good, but what is the at the meeting.

perty for the benefit of some body Rotary Club was pleased to have and Rural areas in the Colony for the Hongkongernment Camps, etc., in Urban doubt that if we ever have total-name for that someone else. In tarian government in England the law he is called a "cestui-que- future dictator would find much trust," but that phrase would be mäterial for thought

this

apt, I think, simple, and effective, procedure.

to confuse" the -ordinary layman. The word "beneficiary comes near to bring In 1188, a hundred years after a translation of it, but it is few words and expressed his ap-1,100 on July 29.

Conquest, the Royal, and not, exact.

We find a real need preciation of having had the op- French speaking, Courts esta-for an English word to replace an portunity as a Rotarian of meet blished the rule that all claims old technical expression from the ing so many fine people. to freehold land must be tried by, French them and this by an action ap- propriately known as an. Assize

the

in

FRENCH ESTABLISHED

of Novel Dissesin.

hundred

The chairman also expressed at the forthcoming departure froin the Colony of Rotarian Major 8. F. W. M. del Court, who spoke a

The guests included Lt.-Coi, H.

B. Rose, Capt. A. B. Whatman, Dr. "BORN SINCE"

J. C. Magulte, Dr. M. Nubla, Dr. "Pulsuc" is a word which in Welle and Messis 8. T. Bitting, H. French in origin. Fuis-ne' means L. N. Ayscough, & 8. Church. H. In another two

"born since" i. e. younger, hence Braga and F. G. Nigel. years or so the process WAS

junior. A “Puisne" judge is one complete.

Visiting Rotarians French was firmly

included who is not the Chief Justice and Messrs. Gauto Tsang (Canton), established as the language of

ranks after him. In the old days Lee Fong (Canton), "Gin" Lao the law and the lawyers, ...

the Common Law Courts had one (Hangchöv), Side by side with the use of chief and several Puise Judges (Hangchow). P. Z. Loch (Nanking), “Yank". Owyang French as the medium of spoken The word has now become Eng P. K. C. Tyau (Canton), Chu Shu- communication in Court, and 'out Ush

(nan (Swatow), T. T. Poon (Can~-

of it too, there existed the pracA prisoner who happens to have ton), Ll Luchao (Canton). Lui tice of keeping the records of the been tried already is entitled to Kwang-chum (Canton),

Court in Latin

This was natural as Latin was the learned language of all Europe, but in English Law: It never was a spoken language. Hence we get Latin names to all the ancient Writs, that is writ ings, of which "Habeas Corpus is the most familiar..

A. NECESSITY :

In any profession a special professional language is necessary. Either you invent a speciál no- menclature, as in mathematics and in chemistry, or, as in law, you take ordinary words which in

plead"Autrefois

'convict":"

or Shim (Canton),

Edward

Australian-Born Chinese Sentenced To Prison

Sentence of six weeks hard labour was imposed on George Kwan Batt, 25, Australiafi-born Chitness, when he appeared be- fore Mr. T. J. Houston at the Central Court yesterday on " re- mand on a charge of obtaining money by false pretences.

Mr. H. C. Lee appeared a behalf of the defendant who pleaded guilty.

Ma Tau Chung, 1,077, against

North Point, 1,518, against 1,644 on July 29.

Urban Areas (Soldiers)

29.

July 29. July 29.

in Hospital, 2, against 1 on July

Ma Tau Chung, 757 against 768 on July 29,

Kural Areas Kam Tin, 3,882 against 3,700 ori July 29.

Ban Uk Ling, 695, against 695 on

Total: 8,994, against 9,178) on

TRAFFIC CASES

A number of motor car owners were summoned before MR. Edwards, at the Central Court yesterday, for failing to display their licence. discs on their cars on July 2, and were fined $5 each;

The offenders were Mr. T. B Wilson, residing at No, 138, Ken- nedy Road Mr. I. Budlod, of Courtland Hotel: Mr. 1. Edwards, of No. 30, Hillwood Road; Mr, & F Godley, of the R. E; M. P, G. Nigel," of "Mesars, Johnston, Stokes and Master: Mr J°C. LUGER, DI the Royal Engineers Onice.

Batt was stated to have obtain | Mr. Houston remarked that Batt Stanley.

the course of time by continual ed $50 from a woman, - zamed was drawing $175 a month, which) Mr Thomas Yip, who was sun-

argument and decision in Court Buen Ya

scquire a purely technical signi- that her bill for

on the pretext

treatment of1

neation They become as the her eyea by Dr. R. A de Castro

saying terms of Ert.” They may still be used by the pom tion at large in a general sense do they have to a lawyer ecial and technical meaning.

was 1200, whereas the true amount was $150

DOCTOR FA LHop-

high wiary for a man of † moned for the same offence, was age “It was a deliberate at fined $3 He pleaded that the ear

WEDNESDAY, AUGUST

1939-PAGE 7

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THORNYCROFT

Stands

for Satisfaction

POSSESSION CLAIM Paisa

FAILS

to defraud the pour woman is cleaner had wiped the disc of 567

from his car.

lso ordered to repay Bo leaving his car unattended Buen, falling which he in Queen's Road Central LLI ergo a further term of Wes, of No. 10 Fort Etreet was six weeks' imprisonment. 3 van 7551 nned $10-

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