1940-02-24 — Page 5

HONGKONG DAILY PRESS

SOUTHERN TRUST AND

LAMMERTS AUCTIONS FINANCE COMPANY LOSE

PUBLIC AUCTION.

THE

pük Undersigned have received

"Instructions

to sell by

PUBLIC AUCTION

Monday, the 28th February, 1940 at 11 O'clock a.m.

at the Godown of The Chima Navi- gation Company, Limited, West Point (for account of the con- cerned.

9 Bags Cotten Yarn

ぶ

CLAIM FOR $200

In the Summary Court yesterday, Mr. Justice R. B. Lindsoll gaTO judgment with costs for Chin' Swe-ming, ailas Chlu Chak-yuen. against whom an action was brought by the Southern Trust and Finance Co., Ltd, claiming $200, being the amount of two remain- ing instalments due under a hire-purchase streement in respect' of' a motor ost..

11

リ

GENERAL

Sir Stafford Cripps Due In H.K.

LABOUR M.P. ON

WORLD TOUR

The Hon. Sir Stafford Cripps, Ki R.C.. J... MP, the former British

Mr. M. A, da Silva represented Court with an admission of labi-Labour Party leader, is expected to plaintiffs, 'and Mr. J. M. D'Almadality pro tanto, Holland took the arrive by plane on a visit to thờ Remedios was for defendante £48 out of Court, "and discon-Colony during the week-end. He In delivering Judgment His tinued his action against James, will stay at Government House, Lordship said:

and later fled his bill in equity and will be entertained at several against the brothers claiming Drivate functions. payment of the legacy only.

Sir, Stafford, who is still`a mem-

"I am satisfied that this claim cannot succeed..

In B. J. Action No. 482 of 1939- For the defence the objection ber of Parliament, withdrew. re- In which the parties were the was taken that the action and cently from the Labour Party same, the defendant was sued (1) the acceptance of the money paid owing to differences of opinion. for eleven instalments each of into Court therein were a bar to and is now making a trip around $100 due under the,, hire-purchase

the demand in equity, but the the world to investigate conditions. After a comprehensive tour of agreement; (2)-in the alterative Court held that the proceeding

for $1,300 (representing the full in the action did not necessarily Free China. his itinerary includ

Chungking. Kunming and value of the car less the amount create an estoppel of the sit in ing of one instalment paid) as dam-equity, but that, in order to de Urumchi, Sir Stafford is proceed- ages for breach of the agreement termine the emcacy of the suit.ng to the United States. by the defendant in giving a bill

it was competent to the Court to

Bir Stafford Cripps, who is ac- enquire on of sale on the car under which money had been paid in in the stay at Government. House until what account the companied by Mr. G. Wilson, will the grantee had seized and sold action. In other words the Court Wednesday.

held that acceptance of the £48 Son of Lord Parmoor, Bir Stafford In respect of each item of clalin in settlement of the action would Cripps is 50 years of age. He was the surplus over $1.000 was waived be a bar to the suit only if it ap-called to the Bar in 1913 and, BC- In order to give this Court juris-peared that the diction

sum had been cording to the Dally "Mall Year paid in respect of the whole of Book. has one of the most lucra-

tive practices at the Bar.

1 Case Face Cream

1 Case Brass Ware.

2 Cases Enamelled Ware

1 Case Cotton Shirting

1.

2 Cases Cotton Piecegoods

Terms: Cash on Delivery.

LAMMERT BROS..

AUCTIONEERS.

In settlement of the action, the plaintiff's claim and had so before it came on for trial, the been accepted by him. defendant paid $1,000

and an

agreed sum for costa, and obtain-

יד

$1,000 PAYMENT

He was appointed RC in 1927. and was Solicitor-General from det., 1930 to Aug., 1931. He edited

ed a receipt worded as follows:- Here the payment of $1,000 legal works on Compensation and "Re 8. J. Acton No. 482 of 1939 made by the defendant was clearly Ecclesiastical Law and was elected received....the sum of Dollars One intended to satisfy the whole of for East Bristol as Labour MP. to thousand and seventy only being the plaintiff's claim in 8. J. Jan. 1931. PUBLIC AUCTION. in full settlement of claim and Action No. 482 of 1938 and in

casts herein."

face of the nature of the receipt In the present action the plain-given I hold it is not now open

SUPPER DANCE tiff claims $200 being the amount to the plaintiff to say that he did AT PENINSULA. THE Undersigned have received of the two remaining instalments not accept that sum in full-settle-

due" under

ment of all his claims or that he

Members of the Diocesan Boys' hire-purchase agreement, and the sole point Iments. Had he desired to do so annual supper dance at the Penin- allocated it to the ftem of instal- and Girls Associations held thetr have to decide is whether the he could have made it clear to the sula Hotel last night. claim is maintainable.

instructions

"

to sell by

PUBLIC AUCTION

Wednesday, the 8th March, 1940

commencing at 9.30 am.

at Kowloon Naval Depot

OLD AND SURPLUS VICTUAL- LING STORES

Comprising:

Clothing. mcluding Blankets and 'Serge and Duck, etc.. Remnants, Electro Plate, Cutlery. and Table Linien, etc., etc.

On view from Tuesday, the 5th March, 1940,

Terms of Sale: As detailed in Catalogue.

the

PART OF AMOUNT

Mr. Remedios submits that the present clalm is for nothing else

defendant at the time that he There was a large number of accepted the $1,000 without pre-former students of the schools Judice to his right of action for present, including their friends. the two outstanding, instalments

than part of the amount sued for when they fell due.

in the alternative claim in the On the other side of the picture derstood plaintiff to be willing to earlier action, that everything it is obvious tnference that know-accept in full settlement," claimed in that action was met ing he was liable for the full $1,300 For these reason I hold that the

by the payment of $1,070 which the defendant was only too glad present action is unmaintainable the plaintiff accepted in full settle to get rid of that liability by pay-and give judgment for the defen- ment, and that there has therefore

ment of $1,000 only "which he un-dant with costs... been accord and satisfaction such ay to debar the plaintin from making any other claim in respect

VOLUNTEER ORDERS

of the same cause or causes of ORDERS BY LT.-COL, H. B. ROSE, M.C., COMMANDANT,

action

would

HONGKONG VOLUNTEER DEFENCE CORPS ORDERLY MEDICAL OFFICER | Mar. 26. HQ: (Lecture Room), March 1, H.Q. 5.30 p.m. Lt. G. T. 5.15 p.m. Signal Balean.

training and grading tests. All rifies must be returned to Stores.

QUALIFICATIONE,

The following members of 3rd Battery passed a test held at Feb. 2 in HC.D. lamps and Crossley Wellington Barracks on Friday.

Engines:-Bdr. V. Bonch,

PARADES

Corps Artillery 1st Battery

Mar. 1, H.Q. 5.15 pm. Signal training

Mobile Column Armoured Car Platoon Feb. 25, Kowloon City Range, 8.30 a.m Tables A and B. All per- sonnel.

47

SATURDAY, FEBRUARY 24, 1940. —PAGE 5

THIS DAYS SPECIAL !!!

PER LB.

PORK PARIS

SAUSAGES 60 c. SAUSAGES 70 c. SAUSAGES 40 c. **

PER LB.

PER LB."

BEEF

LEGS OF MUTTON

50

SPRING.

C. PER LB.

CHICKEN

85

C. EACH

(1-1) LB. EACH)

2 FOR $1.60

SUNNY FARM CAPONS

LANE

(3-5 LBS, EACH )

75 c.

PER LB.

WILD DUCK

QUAIL

$1.00 EACH

40 c. EACH

40.c. EACH

SNIPE

COCK PHEASANT $2.25 EACH

CRAWFORD • LTD.

The House of Quality & Service

ALLEGED SHOOTING: CHINESE TO STAND

HIS TRIAL

Appearing on remand before Mr. R. Edwards, at the Central" Court yesterday, charged with the theft of two silver chains and two medallions, possession of arms and ammunition shooting with intens to harm Mrs. Estall and shooting" with intent to prevent lawful ap- prehension, Lau Po-lor, allas. Paul Lau, aged 17, was committed to stand trial at the Criminal Ses- kiona...

In support of this view he has cited Williams v. The Land Commercial Exchange Company 10 Exchequer Reports, 669) in which there having been a num- ber of matters in dispute between the parties some of which were the subject of an action that he accept "the arbitration award as full "satisfaction in all held that payment by the defen- the matters in dispute, i was

dants to the plaintiff of the

Feb. 28 and Mar. 1, H.Q. 5.30 p.m. amount awarded by the arbitrator

Feb 25, Kowloon City Range, A Class, LG training. B Class, 11.45 was a complete bar to

8.m. A.A.L.M.G. a sub-

Details. M.G. training. sequent action by the plaintif in era, jacket. S.D. cap, boots and web

Tables D and E. Uniform-Trous- Motor Machine Gun Platoon respect of the matters which were belt.

Feb. 25, HQ 5.30 p.m. A, B and LI Kam, 25, paint scraper, ap not the subjec; of the first.action.j

C Class, *Revolver Feb. 26, H.Q. 5.45 pm Manning N.C.O.'s will fire revolver course.

exercises. peared before Mr. H. G. Sheldon. at Bluff Head. Gun Detachments,

at the Central Court yesterday. Mar. 1, HQ 5.30 p.m. N.C.O.'s on a charge of the murder of a For the plaintiff Mr. Silva con- R and L. Sections. Nos, as detail-Class. Instruments tends that Williams' case (supra) ed by Detachment Commanders, Personnel of the MM.G. Platoon Tal Hans Refugee Camp, Jardine man, named Li Kam, aged 58, at INDIAN GUARDS is not in pofht since there it was an el personnel, all Officers desirous of participating in range Hill, on February 21.

LAMMERT BROS.. By Appointment, Auctioneers

to, the Admiralty.

BRIBERY CHARGE AGAINST TWO

a

Further, evidence was heard, be fore Mr. H. G. Bheldon, at the Central Court yesterday, when two Indian guards appeared on charge of obtaining a bribe of $23 from a woman named Lai Yok, at Telegraph Bay, on January 30.

The defendants were Sharah Khan 28, and Boustan Khan, special guards attached to the Pokfulam Police Station. The de- fendants were alleged to have ar- rested Lat Yuk for carrying gand in Telegraph Bay and asked for a sum of $5 for her, release. Even tually the amount was agreed at

$2,

NUMBERS NOTED

Before handing over the money. one of Lal's friends noted down the numbers on the banknotes and later went and lodged a complaint at No. 7, Police Station. The two défendants were detained and charged.

Hearing was adjourned until the *-afternoon "of March 6.

Mr. M. A. da Silva appeared for

the defendants.

CASE FOR, PLAINTIFF

No. 1 Company haversack. Feb. 25, Stonecutters, Part II A.MG.C. All those who have not

the agreement to refer all the and BC. Staff. 2 D.R.F. Detach-practise on Sunday 25th at Kow- matters in dispute to arbitration ments and 2 telephonists. Return-loon City Range are permitted to and to abide by the arbitrator's ing 10 p.m. Uniform: Trousers, do so. award, an agreement of which the jacket, D. cap. boots and belt. defendant had duly performed his Water bottle and part, that barred the subsequent Greatcosts to be carried. such agreement, In the presént Feb. 27. Scandal Point; 5.30 p.m. already. fired. Launch leaves claim, whereas here there was no Right Section, No. 2 Oun. Gun Queen's Pier, 8.30 am. and Kow- case the principles to be applied and Battery drill. should be those of "res judicata"

loon Pier, 8.40 am, Dress: Mufti Feb. 28, Scandal Point, 5.30 p.m. but equipment must be worn when rather than those of "accord of Left Section, No. 1 Gun. Gun and firing. Range Officer: Lt. L. B. satisfaction."

Battery Drill.

Holmes.

"

Feb. 28, H.Q. 5.30 p.m.

Those

A formal remand of three days was granted on the application of Det. Insp. W. N, "Darklu.

No. 5 Coy..

No. 6 Company Feb. 27, HQ. 5.30 pm. L.G. in- struction (continued).

Mar. 3. Company meeting with

No. 7 Company Feb. 28, HQ, 5.30 p.m. LG. traine

Feb. 29; H.Q. 5.30 p.m. LG. train- ing. Stoppages.

The primary claim was one for detailed by Battery Gas Instruc- Kennedy Road, 5.15 p.m." () Re-ing. Stoppages.

Feb. 27 (1) No. 7 Squad, H.Q. for arrears of Instalments, and the tors. payment made by the defendant Chamber.

Respirator drill and Gas mainder, EQ 5.30 p.m. as Com- should be allocated to that claim

pany programme.

Mar. 1, EQ. 5.30 p.m. as Com-

12.

Feb. 29, Scandal Point, 5.30 p.m.

to which there could have been Right Section. No. Gun. Gun pany programme. no defence. The law regards, es- and Battery drill. toppela with diafavour.

Mar. 1, Scandal Point, 5.30. p.m.) In Holland v. Clark (1 Y. & C. Left Section, No. 2 Gun. Gun and Chancery Cases, 1842, p. 151) it Battery, drill. was held that "where a sum is paid into Court generally in satis-as already detailed.

DR.F. Detachment: Each night faction of several causes of action Dress: Overalls and S.D. caps for

Army Service Corps ComPENY Feb, 27, EQ. 5.15 p.m. N.C.O's drill, 5.45 p.m. Officers and N.C.O's Lecture

"

No. 2. Company

Q. 5.30 p.m. (1) No. 6 Platoon, Feb. 29, HQ 5.30 pm. Drill. Feb. 29 (1) Nos. 5 and 7 Platoons,

Kowloon Dock, 5.30 p.m. M.G. and Dress: Overalls and B.D. caps. LG. instructions.

Field Ambulance No. 3 Company Training as in Company training

Feb. 28, Murray Parade ground, Feb., 20 and 29: H.Q. 5.30 pm.5.30 p.m.

Mar. 1, St. Paul's College, 6.30 programme.

pi. Lecture,

and the plainin takes out the the above parades except where money and abandong, the action otherwise detailed. he is not estopped from proceed-

4th Battery ing for a particular item unless it.

Feb. 29, EQ. 5.15 p.m. for Ken- Feb. 27, HQ. 5.30 pm. Uniform nedy Road Range. No, 10 Platoon. appears on enquiry that the sum and equipment inspection. All paid in includes that item." "Bee ranks must attend, Dress: S.D.B. Those detailed Launch leaves Mar. 3. Stonecutters, Ride Table 13 Halisham's Laws of England, p. cap, khaki tunic and trousers, web Queen's Fier at 8.30 am. calling at 446. The essential element of belt, pouches, haversack, water-Kowloon at 8.40 am. Dress op- finality is here lacking from the bottle and boots. Any member |tional but web equipment will be settlement.

short of uniform or equipment re-worn while firing. With these contentions I am not port to B.QMS. Delgado. Falling to appear before Mr. R. The case of Holland v. Clark D.EL. personnel as detailed,

in agreement.

No. 4 Company Feb. 28, D.EL. School, 5.30 pm. Feb. 28, H.Q. 5.15 pm. Those de- Edwards, at the Central Court yes (supra) which at first sight is in

talled for musketry at Kennedy terday, to answer to a charge of Mr. Bilva's favour, Is I find clearly must attend to draw gas masks.

Mar. 4, HQ 5.30 pm. All ranks Road, W "breach of the Colony's Defence distinguishable from the present

Mar. 1, HQ 5:30 pm Company Regulation. Leung Cheung, 43, un case. There John Clark and his Detalls later.

Mar. 8, Q. 4 p.m. For camp. parade. G. instruction Lesson emplored, had his ball of $25 es-brother James were the executors

No. 9. Repeat Elementary hand- treat

Field Company Engineers of the will of a deceased under

Ung. Lo Leg was arrested at the Tung which a legacy of £150 had been dri

Feb, 26, KCR 5.30 p.m. Squad On wharf on Thursday for convey-left to Holland's wife but had long Feb, 29, KCR. 3.30 pm. Tech- arms drill. All box respirators,

BAIL ESTREATED

ing a letter out of the Colony,. It was disclosed. that the letter only contained references to family #affairs.

remained unpaid. Holland then nical training by sections, sued the Clarks for the amount

Corps Bignals

of the legacy and for certain Feb, 25, Kowloon City B Range. other sums. James, paid 246 into 8:30 am. Rifle Courge..

Feb. 27, LQ. 5.30 pm. Foot and

rifles and bayonets are to be re- Mar, 3, Company meeting with turned to Corps Stores forthwith.

No, & Coy.

Pay Section As detailed..

EN. THURSBY. Captain.

Adjutant, H.KYD. Corps.

»NOTICE

nual mess meeting will take place Officers Mess Meeting: The an-

at 6 pm for 6.15 pm. on Friday, March 15 in the Mess. All Oncers are requested to attend."

AFFILIATED UNIT Nuraing Detachment, HK.V.D.C.

linquishes her appointment as Resignation: Mra E. M. Begg re-

Commandant, Nursing Detachment we.f. 20.2.40.

Appointment: Mra. LMS. Braude

Detachment we.. 21.2.40,00 is appointed Commandant, Nursing

(8gd.) 1. M. 8. BRAUDE,

Commandant, Nursing Detachments. REV.D. Corpse.

PROVISION

DEPARTMENT

ANCHOR

Tel. 28151.

ANCHOR

BUTTER

COAL FIRES

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