1920-09-11 — Page 7

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DEFENCE CORPS.

OFFICIAL APPEAL TO HONGKONG.

of the Ne only embers Hongkong Volunteer Deience Corps but the public generally will learn with interest that the Oversea Sub-Committee of the Committee of Imperial Defence made in January las: some re- marks on the Report of the Hongkong Defence Corps for the Fears 1918-1919 and that these remarks have now, by permission of the Secretary of State for the Colonies, been published in the Hongkong Government Gutete for general information.

INTERPORT LAWN BOWLS.

HONGKONG BOY'S' WILL.

DECISION OF SIX JUDGES

UPSET.

Lords Haldane, Finlay, Cave, Dunedin, and Shaw on July 30 de- livered judgment in the House fof Lords in the case of Miss

Catherine Coll, of Street, Glasgow, 85

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SAUSAGES

Windsor Pork Sausges

executrix

(nominate under the will of the Beef

ate Ian Neil Carmichael, v. Hugh Fletcher Carmichael, consulting engineer, Hongkong. The action was brought by the resporident for

**

iver

Made daily

"

the purpose of asserting his right Bologna

to the sum of £1,000 due under a

policy of insurance granted by the Brawn

English and Scottish Law Life As- sarance Association over the life of his deceased son, Ian Nail Car michael, the determination of the controversy depending upon whe ther the policy belonged to the father or to the son. When the son was under nine years of age B deferred the father took out policy on his life, himself paying the premiums, and be contends that the deceased could have ac- quired right to it only by donation) from him. The boy came from The following team has been Hongkong to Scotland when about elected to represent the Hang- eight years of age, where he spent tong Lawn Bowls League in the Interport matches to be played a large part of his holidays with this month at Shanghai, when it appellant, who is his mother's is expected that, as on the last sister. At no time did the father. occasion at Shanghai two years so it is stated, ever tell his o 350. a Hankow team will also be of the existence of the policy, or competing.

HONGKONG TEAM FOR SELANGHAI

R. Lapsley (K.B.G.C.). J. Muirhead (Taikoo) A. G. Pile (K.C.C.)......

.

P. T Farrell (K.B.G.C... 3

indeed, let it out of his own cus skipody and control. But the son by some means became aware of its existence. Accordingly when he, about the end of 1915, and having Mr. A. Simpson of the Kowloon attained the age of 21, wished to The remarks state that "the last occasion on which the Over-Bowling Green Club goes North join the Royal Naval Air Service, sea Defence Committee offered as reserve player and Mr. Farrell he. without communicating with his father, made inquiries of the Ans remarks on the Hongkong captains the team.

The players are due in Shang-insurance company as to whether Local Forces was in October.

hai by the 30th. They are his joining that combatant force 1913, when the Report on the Hongkong Volunteer Corps for equipped with the necessary would aBett heir liability under 1912-13 was before them. Since Interport flags in silk, but bave the policy. that date the war has intervened.ry intention of sticking to answer in the negative. He then and in September, 1917, the local their number.

forces of reorganised as

the Colony

were

the Hongkong

He received

ax

executed a holograph settlement to his leaving all his property aunt. He met his death while on Defence Corps under the terms in musketry due to the exertions service at Southampton on July of the Military Service of Major Morgan, the Command-20, 1916. The insurance company Ordinance. 1917. The total ant. Your Excellencs will admit liability under the policy: strength of the units comprising doubt regret with me that the but the question was whether the the new Corps was $25 of all more of the 18th Infantry up father or the aunt was entitled ranks on the 1st March, 1919, north deprived us

of Major to the sum and of this number 729 are classed Morgan's valuable services. His The Lord Ordinary Lord Hus- as efficient in the Reports for the undoubted success as a Com- That mandant encourages me to re- Fear now under review.

of their lus: Remarks.

"Again, they hope that ROW the war is over, and that there is not the same inducement for men to interest themselves in military service, the eficiency of the Corps will not be allowed to deteriorate and that every possible effort will

able.

of

of the Repeat, the Hon. Mr. Claud

ter) sustained the claim of the

The

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such a high percentage of commend a continuance of the father, a decision which was up- efficients is recorded canno; but system pader which be was apheld by no fewer than five of the be a matter for the congratulation pointed, if a suitable successor seven Judges of the First Division

provided thas A should do pronounced in favour of the ap of all concerned, especially in can be found in the garrison to of the Court of Session, so

something for C, but B, or pellant was in condict with the view of the fact that the total replace him. I beg to endorse sunt appealed to the strength of the force was on the Major Morgan's commendation of Lords, where she was successful, those who represented his estate, settled law of Scotland as contain. 31st March. 1919. almost three Captain Stewart, the Adjutant." for their Lordships were paninterfered, and said that B and noted in a long series of decisions.

In acknowledging the receipt mons in allowing her appeal.

C was the true creditor in times that of the Volunteer Force

the He should have hesitated permitt Lord Dunedin. on the corresponding date in 1913

stipulation. The present caseing his mind to have attempted "The Committee cannot allow Sever, the then Officer Admin- The leading judgment of con-

category. such a task. But he was in entira the the opportunity to pass without istering

Government, siderable length was delivered as one of the latter

It appeared to bim that the learned agreement with his noble and calling attention to the satisfat stated:" I share your Excel-by Lord Dunedin, who pointed out tion with which they note not only lency's regret at the loss of Major that the expression "jus quæsitum Judges who formed the majority learned friend. Lord Danedir, this increase in numbers and effic-Morgan's services, as it is an- tertio was in diferent cases and the Court below had approach-that a judgment in favour of the iency, but also

the valuable doubtedly due in a large measure different circumstances, cred in aed the question from too narrow appellant was in no way inconsis

with these decisions. Helt services which have been per to his fine example of zeal and varying sense, or, perhaps he a point of view when they treated tent

Fit. as the had done, as one of agreed with Lord Dunedin's judg-. formed by the Local Forces of energy that the Corps has stain- might better say, was looked at the Color during the period ed such a high level of efficiency from a different paint of view. donation and nothing else. He ment, and with its most vainable which has elapsed since the jesuel especialis in maskers. I am The one sense was meant when said "too narrow a point of view." review of the authorities, with per-

He did not call it error. Thehaps the exception of the also in favour of a continuance

the question being considered was

v. Cameron. of the system under which Major

method of approaching the present He must honestly confess that, respect of Morgan was appointed. I bave simply whether the tertius C hadider, and, he thought the juster Cameron's Trustees

high to ask question WAJ

very oneself notwithstanding the read the commendation of Cap the right to sa A in

whether, under all the circum-authority which must attach to. tain Stewart's work as Adjutant contract made between A and

B to which contract C with much pleasure."

stances, and in view of the terms the opinions of the majority in controversy tben

case, be Later, when forwarding, the party.

agreed with the That Report to the Secretary of State, arose between C, who wished to of the document, there was creat- that be made to keep up the spirit of 31-Severn stated:As a private 302, and A, who denied bis title to ed a jus quæsitum in the second opinion of Lord Kyllaeby.

in the Corps myself i can endorse, do so. It was here that there was sense in the person of the tertius, case was not, however, there for keenness shown by ali ranks

in this case the 30. Having review, and did not truly affect during the emergency period, and from personal experience, the a sharp technical diversity be dealt with the opinion of Lord the judgment being pronounced on to maintain an eficient force at high opinion formed by Major-tween the laws of England and the maximum strength practic-General Ventris of Major Mor Scotland. In England, no matter Stair-a very great authority-the present appeal.

In the result, therefore, Miss gan's work as Administrative how much the contract contained and referred to a number of auth-

over a large M'Coll was successful in her ap "In this connection they would Commandant. The system under provisions for behoof of C, beorities extending point out that, in view of the which senior officer of the could never sue at law. In equity amber of years. his Lordship peal by the unanimous opinion of increased obligations the garrison is appointed to com- he could sue, but he could only said, taking all the circumstances the House, and was awarded costs Imperial Government due to the mand the Defence Corps is a good sue if, by the terms of the con- together, he came to the conclu- both in the Inner House and in the war, even greater reliance than in one, but it is necessary to exercise tract, he could successfully mainion that they had bere the evid House of Lords. Among the large the past will in the future have to great care in the selection of such in that A was constituted a fence necessary, when taken along number of authorities dealt with be placed on Colonies to maintain an officer."

trustee in his favour. In Scot with the terms of the document, to by Lord Dunedin were Finnie, The Gazelle also gives extractsland, if the provision was express-

show that ал irrevocable jus M'Queen, Henderson. v. Stobbs: their local forces at the maximum

in Love, Jamieson M'Leod: Crosby's [quæsitum

constituted strengths practicable so as to from the Report of Major Morgan

Carmichael; that Trustees v. Wright, Hedden, Jar- make it possible reduce which show the strength of the ed in favour of C, he could sue,

the minimaa A

Im Corps and details of efficiency and this was often designated by favour of lan

Ogilvie, Stonebeaver perial expenditure on garrisons Major Morgan stated: "This saving "he has a jus quæsitum the proceeds of the policy which vie, Gordon v. M'Culloch (1771);

reason of by the conception of the contract Nimmo, and warships maintained oversea. being my last report I would like tertio." Probably the

with Lord The Committee look with confi- to put on record the very valuable the difference lay in the simple fell to be paid to his executors (1706); Renton, Irvine, etc. While

and truly belonged to them; and that dealing at length dence, therefore, to the Hongkong work done by my Adjutant, fact that in Scotland, law

present appeal Stair's dictum, his Lordship said Defence Corps to maintain so far Captain G. E. Stewart, who has equity were never separate. An-therefore the a practicable in the future the devoted all his spart time to other familiar illustration of the should be allowed, the interloca-perhaps some ambiguity arose Lord Stair putting his hight standard of efficiency which military duties. His services same class of difference would be tors appealed against reversed, from it has reached during the war. have been invaluable. Lien-found in the right of an assignee and the case remitted to the sentence partly in Latin and part- "It is very satisfactory to ob- tenan: and Quartermaster W. in Scotland to see in his own Court of Session to sustain the ly in English. If he had followed

standard serve the bigh

in Fligby

again done name, a right which at common law claim of Miss M'Coll and rank("est jus quæsitum tertio” by “quod musketry which has been reached his work to my entire satis in England, apart from statute, and prefer her to the fand in non revocari potest" the sentence might grammatically bave read as during the year."

foction, and I wish to put on he did not possess.

But in all medio.

Lord Finlay.

Lord Ardmillan wished it. When His

Excellency the record my appreciation of bis this class of cases the controversy

Counsel for Appellant-Mr. J. Lord Finlay (who presided), General Officer Commanding services. I could not possibly

A and C. B was was between

said he had had the adA. Caristie, K.C. and Mr. E. 0. (Major-General F. Ventris) for. have had a more loyal or bad either no longer existent or was,

Agents-Forryth and warded the Report for 1918-1919 working lot of Officers, and the so far as he was concerned, quite vantage of reading the judg-loglis to His Excellency the Governor high state of efficiency is very willing that C should exset his ment prepared by Lord Dunedin Couper, writers, Glasgow: G. F be stated that all the three armas largely due to their efforts."

that deak 80 completely Stewart, S.S.C; Murray Lawson of the Force (the Artillery, the Reports by Major Black, (the rights.

Too Narrow a Point of View. with the case that it was unneces-and Macdonald, W.S., Edinburgh; Officer), Lieut-Col

·Engineers and the Infantry) were Medical

the

The other sense of the expressary for him to say anything ex-and William A. Crump and Bon, in an efficient condition. "The Passby (in Command "of Artillery frequently, and the Artillery) and Col. Young (insion was when the emphasis was, cept that he agreed with it. He solicitors, London. Engineers continuously, have Command of the Engineers) are so to speak, on the quæsitum, and was authorised to say that Lords performed invaluable work also given, the first stating that when the controversy arose not Haldane and Cave also

the Examination Service the bealth of the Corps had been between C and A but between Cred

Lord Shaw. of

In such the outbreak

a case A was from

warfaitly satisfactory, the other two and B.

Lord Shaw said he thought that until the Armistice. The Infantry reporting on the efficiency of the willing to perform his contract;

sad show a remarkable improvement units.

the contract int form any judgment in this appeal to be

to

on

10

bes

and

Was

Counsel for Respondent Mr. eoneur-Chree, K., and Mr. D. Oswald Dykes, Agents J. Douglas Gar diseer and Kill. 8.S.C., Edinburgh and Sewell, Edwards and Nevill,

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