1914-06-08 — Page 7

'A CLERICAL ERROR.

THE HONGKONG TELEGRAPH.

Y. M. C. A.

Suggestion for Clearing off the

Debt,

EXTRA

HONGKONG, MONDAY JUNE 8, 1914

"GREAT DAYS DONE.”

-

FIRST BAND, NIGHT.

Well,

Reviewing TheChinaClippers," Tramway Scheme Again Opens By Basil Lubbock, With Illustra- tions and Plans (Glasgow: James Brown and San, 53, net.) The

Mr. Crowther Smith, writing to the editor of Progress, the YM.Timer Baya O. A. monthly magazino, says ——

a

The first of the band nights organised on the North Point

CROSSED CHEQUE.

Responsibilities of Banks to Customers.

The only crossings of cheques which are referred to in the Bille

THE BRITANNIC REVIEW

LATEST SHIPPING

NEWS.

MOVEMENTS OF STKAMERS.

We would commend the Grat number of the above periodical to The T. K. K. a. TENYO MARU which thors of our readers who are sailed from San Francisco on May 9, Is interested in the study of Imperial expected to arrive at this port via frond

"This book has been a small beach by the Hongkong Tram- of Exchange Act, 1882, fays Thor, as they would have it,lulu, Japan Parts and Manila on the 9th

· Endorser of a Promissory Note. This afteracon in the Summary Court, Mr. Justice Hazeland had before him a case in which the Holland China Trading Co. of 138, Des Voeux Road Central, sued I have reason to believe that attempt to preserve the records of Chin Tia-cho, a broker, carrying on considerable number of people these beautiful ships. before their businees at 205, Queens Road Con in Hongkong regard the Y.M.C.A. history and achievements are for tral, to recover the sum of 8973.55 as, at any rate partly, a charitable ever forgotten, and I bring it to of a promissory note for £91, dated recent events have provided an along with the. China clipper November 13, 1913, to be repaid excuse for doing so. It is obvious there has departed not only that at an agreed rate of exchange of ly most undesirable that this ides nigh art called neamanship, but 1/11.1-16.

should prevail, and we should also much of the romanos, charm, Mr. Dizon, of Messrs. Wilkinson therefore try to find a means by and virility of sea life," and Grist, appeared for the plain which it may be dispelled. So, a little over-sadly perhaps, tiffe, and Mr. B. O. Faithfull de-

At the present time the Asso-writes Mr. Basil Lubbock at the fended.

ciation is in debt to the extent, conclusion of this careful and of about $2,500.

sympathetic.record, atatistical and

inst, at daylight:

The IG. M. COBLENZ left

Britannic) affairs. It is obtainable at Mesars, Kelly & Walsh who ste Kichinatsu on the birth and may be the agents for the Far East and the 11 samoute 11th fust price isose shilling. The first num

· The Eu:ZAFIRO left Manila on the 6th

from the defendant as endorser institution, and possibly certain a finish with the sad thought that was the result. The rain un banker, either with or withone ter contains very interesting and inst, and le due here on the 9thing,

́amend.

Mr. Faithfall objected on the ground that the clerical error was one very material to the issue.

Mr Dixon could not mea how uis friend could b3 Affected by an applied to have it done.

Deeds speak better than words. Resignation of Mr F. G. Whilte.

--

"

TO-USD'E Advertisement

way Co., Ltd. took place on Incorporated Accountmits Jour Saturday evening, when though nal, are the genral orep, "&Co." somewhat spoiled by intermittent and Not negotiable or the a wors, a very successful evening special one with the name of aer

readable articles on the "Menace dai doubtedly had a bad effect on the the words "Not negotiable."

of the Anglo-Japanese Allianes," attendance bit spifoient people The effect of tho. & Co., The Manroe Doctrine; a Nuisance were there to prove that these crossing is so well known that it and Danger," "The Defence events should prove aa popular is unnecessary to do more than of the Pacific" and many other this year as they did last Music refer to it. The crossing" Not well, informed and eminently was supplied by the band of the negotiable" is not so well under sensible essays on the commer 25th Panjabis, who, discoursing stood. By section 81 of the Act Gnance and development of the ragtime and other popular already referred to a person tak Empire. An excellent publication In answer to his Lordship, Mr.

melodies, did much to discounting & orassed theque which which should have a great future

HONGKONG ICE COMPANY, Faithfull said that though he had

I suggest that a movement be descriptive, of a.splendid, breed the depression effect of the bears upon it the words "Not before it.. given notice of defence that the started among the members to of ocean racers now. extinct. A weather. The illuminations were negotiable" cannot have å better

LTD., plaintiff had split bir claim on the pay off this debt during the car little over-sadly, we suggest, quite up to the standard of last title to it than the person from

NOTICE TO SHAREHOLDERS writ, he had been instructed not to rent year. The effort would, I because seamanship still lives, year. A similar band night will whom he had it, but the cheque proceed with it. He had come feel sure, not only stimulate in romance never dies, and as to be held, weather permitting, on is still transferable in the usual

NOTICE IS HEREBY GIVEN that an EXTRAORDIN- into court to defend the action as terest in the Association among virility, the author has certain Thursday.

way. Thus any person whose

GENERAL MEETING endorser.

the members, but would also grim reservations to make on that

title in subsequent to a theft of authorities aland at present, it ARY Mr. Dixon pointed out that prove to the public that we ap score.

the cheque could not sus the may be negligence on the part of of the HONGKONG TO COM- there had been a clerical error in preciate the advantages of Asso-

If the clipper made men, it

drawer upon it, and if he had a banker to receive such a cheque PANY, LIMITED, will be held the writ, which he would like to ciation life, and are prepared to broke men, especially under the for England. This, audacious been so fortunate as to get the for a customer's account where he at the Offices of Messrs. JARDINE,

pay for what we get.

shows in his dreadful picture of our builders. In a few years the refund the amount, American flag, as Mr. Lubbock challenge roused the bulldog in cash for it he would be liable to has information which may lead MATHESON & Co., LIMITED, No. In other him to think that the account to 16. Pedder Street, Vitória, in the Colony of Hongkong, on TUES. the spiritless wrecks of humanity Americans were besten out of the words, the presence of the expres-which he is crediting the cheque DAY, the 23rd June, 1014, at 11 cowed and kicked to the level of field, the competition lay between sion is notice to all the world is not the payee's account. In o'clock a.m., when the Subjoined At a meeting of the Directors a brate beasts (lucky indeed if they Aberdeen and the Clyde, and that the negotiable quality of the the case, however, in which this Resolutions which were passed at Extraordinary General' fortnight ago the resignation of amendment Mr. F. G. White was read. As some fiend of a mate or skipper), and Connel the loveliest and honest a. holder 'may be, and v. National Bank, Limited, 23 Masting of the Company held on

were not murdered outright by under the genius of Steele, Hall, cheque is limited, and however diotum was pronounced (Esvant the of the writ and be therefore the sole reason assigned was who suffered and starved in the swiftest sailing ships that whether a holder for value or notT.L.R, 65), the bank had not the 4th day of June, 1914, will be

The amendment was allowed. had no choice. So instead of saying Dowa Eseters. "Bully Waterman, after another into the China title from the original drawee or

continued ill-health the Directors"aheer, undiluted hell" of the ever floated were pressed one any defect in the prior links of such information.

The Effect of Negligence. "It seems to us that even if The manager of the plaintiff's

sa revoir' this month they must enting dandy ashore, fercniona trade. In the late sixties the payee affects such holder.

the cheque were not marked "Alo sundries department said the note say sarewell,' remarks Progress. monster allost, running smok fest was in the zenith of its Banks' Responsibilities. payee, and the bank, had had been presented for payment

with his "heaver" and revolver; glory, with Ariel, Taoping, Fiery So much for third parties. The information that the account to and dishonoured. Other appli-

Bucko" Douglas, booting ex Uross, Sir Lancelot, Norman position of the bank upon whom which they were crediting the cations for payment had been or several years our friend had hausted wretches off the yard Court, and other beauties, down the cheque is drawn is that they cheque was not the account of the made without any satisfactory worked up to full pressure with into reging Cape Horn seas-such to those last two mighty rivals. must pay the cheque on presen-original payee or true owner, it result.

scarcely any break. Luconsequence men and such doings were none Thermopyla and Cutty Sark. tation if presented through a The plaintiff's compradora de- he arrived in Hongkong at a time too rare, we are told, and are not! The annual race with the new banker, or, if the cheque ba might be negligence to credit to posed to the note being signed by of the year and in a physical con- the defendant in his presence. dition such as to predispose weak-yet things of the past. The crop evoked intense excitement, orossed specially, through the that account. The effect of result was to drive out of the marvellous records of speed and special banker named in the negligence is, of course, to deprive He could, not obtain the chop ening ailments. Alas! the worst mercantile marine most of the wonderful feats of sesinenship. crossing, provided they have the receiving bank of the pr 62. the Li Hing firm but defendant fears were realised. And so he self-respecting Americans and Half round the globe, from Foo-fands of the drawing customer in on afforded by: section 82. endorsed it, stating that he was must leave us.

While here for these two years with unfortunate

Britons and to people the ships chow to the Forelands, through hand to meet the cheque, and Negligence in the passage we have oited means that the oircam- a partner and that it would be

Dagos and storm and shine, burning heat provided they have had no stancen are such that the bank all right.

he showed how effective he would

Datchmon and "ahanghaied and bitter cold, the great special instructions not to do so, The case was proceeding as we have den had neaith permitted. landsmen of all TACOS and thoroughbreds would race neck and upon so paying it in good are put upon inquiry, and if they

Never belees he has greatly pro tongues, who

do not take steps to satisfy them- helpless and neck: In the memorable faith and without negligence, the selves that the cheque is properly motes enterprise along such lines victims of abominable illasange. year 1866 Ariel and Teeping, paying bank is protected by paid in to the particular account, as the Camp and done much to Splendid so were, and are, many surging up Channel at 14 Knots, section 80. The paying bank in and it is not properly so paid in, secure personal service on the of the qualities evoked in the made Dungeness in a dead heat general owes no duty to the then they may be guilty of neg- part of many membera. The manifold perils and hardships of after a three months' voyage, and payes or holder, for even if they ligence. It must e borns in association has made deunite the life, we could well have spared docked in Loudon within 20 wrongfully refuse or omit to pay mind that negligence is. - s progress along st.ch lines during some of the virility which four minutes of one another. Aus cheque, the payee or holder question of fact in each case. Mr. White's term..

ished there and ass left indelible hour later Berica. was warping cannot maintain an action on the The fact is that the words " Ale traces even in those milder days, io.

oheque against that bank. Nor payee,"

," or similar expressions, The scarcity of British seamen is Johabad! The brilliant story by reason only of receiving pay

complaint always with us. Who came to an end in the seventies. ment doss the bank which impose no greater duty on the bankor to take care, although can wonder who rocalls the tenacity Dispersed into many minor trades collecta a Not negotiable' they may be an element, to con- of the evil traditions, the immanity and under many minor flags, one cheque for a person who has no sider in determining the question from punishment of the worst by one through the eighties and title, or a defective title, inour of fact, negligence or no neg. crimes, the lethargy of Govern nineties the famous clippere, by any liability to the true owner of figence. Similarly, the fact that ments, the heartless greed of wreck or rot or the shipbreaker's the cheque, provided such person

a cheque was endorse!" Fer owners and merchants who for a axe. perished in an obscurity is a ouston.er of the bank in fact,

'went to press.

of

LAWN BOWLS..

In the Lawn Bowls League on Saturday the Polios were at home to the Taikoo Dook, the latter winning by three points:- The scores were as follow:

"POLICE, Booker

Clarke

Garrard

Pitt (skip)

Gordon Cotton Gourlay

fil

Withers (skip)

Ogg Glendenning Fonton

22

10

McHardy (skip) 17

Total TAIKOO.

Goard

·Bateman

Drummond

Fergusson (skip) 20

Harron

Eldridge Currie

Wotherspoon (skip) 10

HoCubbin

Dickie

Hamilton

Dorrington

It will be scarcely fair to debit this Colony with all the trouble.

The members will units on the 10th, in wishing all good for him. and his wife. May he soon recover full strength and then quickly find a congenial sphere !

COCAINE HAUL.

tained cheese.

a

Were

conclusive evidence.

few pounds of extra profit were which Mr. Lubbock, in bis labour and provided the collecting bank Pro." the payee, and then paid willing to degrade the manhood of love, has fathomed to the acts in good faith and without into an acount not that of the The search of 16 cases on board of their own people and make of uttermost. One alone, but the negligence. It is this last provi- payes should prima facie arours cargo boat 388 resulted in one of the noblest callings on greatest of all, Catty Sark, is sion which is contained in section suspicion, and put the bank ugon inquiry: Absence of inquiry into. Revenue Officer Wilden finding earth, with all its hazards and known to be still afloat, under 82 of the Act, round which in the justifiation for the endors3- no less than 776 ounces of cocaine. raptures and herciams, a by-word the Portuguese Bag and the name modern cases the controversy The remainder of the cases pon- for misery, cruelty, and vice? It Ferreirs. She holds now and for usually rages. As a general rule, ment would be evidence of At the Polion is no accident aurely that the tall time the sailing ship's record any unauthorised dealing with negligence, but of course, Dol Court, this morning, the officer ocean clipper owed its very origin for a 24 hours run-383 knots. the personal property of another

to the competition for fortunes in

contrary to his wishes amounts in said 'three of the crew were on

law to a conversion of the " board. One was sent to find the the illjoit opium trade to China,

The postponed Tennis League property. Thus, but for this man who engaged them, one to in the thirties and forties of laat

bank; whenever a

Consignees notice_regarding find the shop and whilst the cases cantury; a business which was were being searched the other nothing less than the armed and match between the Olympic Club Bection,

piratical smuggling of a noxious and the Hongkong University however innocently, paid a

An extraordinary general me it- drag into a country whose rulers was played on Saturday at Kow-cheque to he wrong party, they the se. Nile is issued Page 5. again to the right one. The ing of the Hongkong Ice Com- forbade, but were too work to loon, the Olympic winning by 56 would be liable to pay the amount resist, its introduction,

games to 43. The

protection of the section is a rea-pany is to be held on June 23, sonable and necessary business Page 5. one.

ran away,

The application to have the Cocaine confiscated was granted.

THE

"TELEGRAPH'S" ACROSTIC.

Not, Too" Flaming."

21

Total 60

2.

1. J. u.g. D D

U

. P

Cot, Bob Love.

Lawn Tennis.

coolie traffic, too, was a disrepu The new electrio, double-faced

table business."

New. Clock.

cloak, giving standard time, has

There is, however, a very com- It is only when we came to the been placed in position on the gold rush to Frisco and the olean Ferry Pier on this side of the mon addition made nowadays to tea trade of the fifties and sixties, harbour.

a crossed cheque, viz,, the words

-Latest-Advertisements.-

submitted for confirmation as Special Resolutions :—

1. That it is expedient to acquire and purchase the ...business property and good will of the Oriental Ice Syndicate and that the

7. Provisionali Agreements for the purpose submitted to this Mooting dated the 25th March, 1814, and made between The Procureur General in Hongkong of the Society of the Missions Etrangeres of the one part and this Company, of the other part and dated the 125th day of Mazoli, 1914. . and made between the Honourable Sir CATCHICK "PAUL"""UKATER, **Knight! CM.G. JOSEPH WHITTLE- SEY** NOBLE,' ANTONIO BARRLETO and :ARRATOON' VERTANNES APGAR of the one part and the Company of the other part be and the same are hereby approved and ratified and that the General Managers of the Cobpany be and they hereby are authorised and requested to carry the same into effect with full power to assent to say modifi- cation in the said Agree- ment which they think expedient in the intereste of the Company, 1

2. That the Capital of the Company be increased from $125,000 (divided futo 5,000 shares of $25 each) to' *#.62,500 (divided into 6,500 shares of $25 each) by the creation of 1,500 new shares of $25 oach;

3. That the asid 1,500 new shares be pursuant to the frst mentioned Agresinent in Resolution 1 allotted as shares fully -paid up to the said Pro- cureur General In Hong- kong of the Bóciety of the Missions Etrangeres in consideration of the trans- fer to the Company of the property business and goodwill referred to in the said Agreement and upon the footing as to dividend provided for in the said Agreement.dagt

4. That the new Articles al

ready, approved by this Meeting and for the pur pose of Identification subsoribed by the Chair man thereof be and the same are hereby approved and that such regulations be and they are hereby adopted as the Articles of the Company, to the ex- clusion of and in dubstitu? tion, for all the existing Articles thereof. Dated tule 5th day of June.

Tonyo Maru Delayed, The Toyo Kisen Kaisha steam- that fascination at the brilliant To Consignees, "Afo payee," which are not dealter Tonyo Maru, which was soha- qualities and achievements of the Consignees of Cargo by the s.8. with in the Bills of Exchange duled to arrive in Manila yester- clipper overcomes disgust at the Tokoshima, Mara are reminded Act, 1882. These words are not day morning, will not arrive here iniquities associated with the that goods remaining undelivered part of the legal crossing, and until today on account of her port A-nishad

name. Then, indeed the story, after to-morrow will be subject to they do not restrict the transfer- turbine being disabled says, the ability or negotiability of the Bulletin of June 5. A message to 3. Necessit Y

becomet en hyplling. At first the rental stu 4.

cheque, but amount merely "to s that effect was received by the S-sex, NOTES: (1) "Youth the Americans were supreme, their Ready, but No-Mail Col. Bob Love, the touring celebrated Munich journal. (3.) designers, Hall, Webb, and the We have been informed that mere direction to the receiving agents, the message being sent by Manager of the Hippodrome Necessity, the tyrant's plea famous Donald Mackay, turning the staff at the Post Office were bank as to how the money is to wireless and relayed by the Pac Circus Has been lying in the Milton, Paradise Lost IV 393-4 out flyer after flyer-Staghound, summoned, to duty yesterday be deals with after receipt" (per fo Mail steamer Nile which lefs Government Civil Hospital for Necessity invented stools, etc. Flying Cloud, Swordfish, and afternoon for the purpose of Bigham, J., in Akrokerri Mines, Nagasaki about the same time as the last two weeks with blood Comper's Task: The Sofa, 87-8 many another marvel-until one handling the American mail Limited, v. Economic Bank, the Tenyo Mara. The Tonyo poisoning of the big toe. On (4) Essex's Rebellion and the day a bombshell barst in the which was announced to arrive Limited (1904), 2 K.B., at p. 472), stated that she needed no assia- Saturday the doctora" found it well-known story Queen shipping world of London itself, by these. Nile. All hands The receiving bank owes no duty lance and was in no distress, bat nossary taphiate the toe. Elizabeth's ring which the Oriental, under the Stars, and turned up for duty, but the Nile to the drawer of the cheque, and on account ofone of the turbines 1914. The operation was performed Gatess of Nottingham delayed Stripes, only: 96 days put from did not bring the American mail; it is difficult to see how he is being out of commission she dile and the patient is to pissont until after the Eari had Hongkong, hauled intz the Wast all the bad in the way of mail benefited by such inscription. Is bould not make her usual speed

anyone else benefited? As the and would be delayed, ang favourably.

India Dooks, with a cargo of tea was six bage from Manila.

been executed.

of