1935-06-21 — Page 7

THE HONGKONG

TELEGRAPH. FRIDAY, JUNE

21,

1935.

THE REASON IN LAW

LECTURE BY MR.

MACNAMARA

Hupposed to express the real inten- tlonn of the parties.

Law and Equity

in

It is interesting to try to discover some reason for this apparently un- reasonable procedure. Well it can be explained and explained only, like so many of our legal puzzles, by his- torical considerations. I mentioned, Just now, Courts of Equity. Wo no longer have separate courte of There was an attendance of equity but, for hundreds of years, over a hundred persons, among England, there were Courts of Cont- whom were the Rt. Rev, Mgr. mon Law and also Courts of Valtorta, Rev. Fr. Byrne, Rev. Fr. There Courts of Equity filled the roll,

roughly speaking, of. B. W. Gallagher, Rev. F. Bourke, mother to the litigant Pay Professor R. Robertson, and the the rigours of the Common Law.

oppressed by Council of the Association, in the

You may ask why, if equity so re- hall of the Hotel Ccell yesterday formed, the nature of the mortgage, evening, when, under the auspices the document which embodies it does of the Wah Yan Past Students' not make mention of the fact. Well Association, Mr. II. C. Macnamara, you could of course ask for a mort barrister-at-law, gave an interest-Kage to be drawn up which would ing and Instructive lecture on "Is Inw reasonable?"

The meeting was presided over by Mr. Ko Fook-sun. After ten had been sorved, Mr. Macnamara, addressed

the gathering in most able manner, his talk evoking hearty applause. He said in part:

we are, not

It is not every day that someone by an apparently unreasonable stung provision of the law declares that

The Law is n Haas. In the

ense of the Queen against Bumble there wan xomo excuse for his Irritation when they told him that his wife was, in law, presumed to net under his coercion. Although often driven to such Caustic commenta

Bumble's

yet one does often hear in casual conversation phrase that imply that the speaker considers In to be

be somewhat unreasonable. phrasin are, en ret legal point." "Ile legal defe

BM

Mr.

Such

EL

had merely defence," "Of course in fuse he could do so and no" the implication being that no reasonable person would do anything of the "sort

It in, 1 I think, useless for us inwyers

his

which is now implied in Equity. Still contain expressly every provision I think you would have a good deal or difficulty in getting it done. Your lawyer would tell you that the exist-

form ja kafest. He

would be oath to make experiments. In fact he would tell you to follow the old path and accept a document which contains a great deal less than what really constitutes the bargain between the parties.

Many of you know that the Com- mon Law, as we call it, is not made really by Acts of Parliament but

the decisions of the Courts of Law in particular cases,

Thus the law is developed generally, as a logical system following what has been decided before. Usually this is sound sound enough, but in the Ase of cer- tain particular toples unfor.

comes

Some Examples

fare his eyes and if they chose to take tha: risk, well, it is their busi- max and not mine.

"TELEGRAPH" ART

SUPPLEMENT

To-morrow's Picture Features

To-morrow's Issue of the Telegraph Pictorial Suppie- ment will contain the first selection of entries in the Amateur Summer Photograph Competition, comprising some interesting studies.

A number of interesting groups wit also appear, theng Including the officers of the 2nd Battalion Royal Welch Fusiliers, staff and students of the Kwangtung School of Accountancy, olleials and stars of the Unique Film Produc- tion Company, Trinity College of Music examination candid- ales who recently broadcasted, and the choir of St. Stephen's Church,

DOLLAR RISES

SLIGHTLY

Poste

rate

TONT

prices America Bought. operated quietly steady.

ROCH

Shock For Deputies

"TRAPEZE-CIRL'S" SURPRISE CALL

(Special to "Tulograph")

RADIO BROADCAST

Jazz Recital From The Studio

CLASSICAL PROGRAMME

Telegraph, Cengright. Telegraph Messages Ordinanor, 1894. Receivad. Juse 21. 1.13 m.)

Paris, June 20. A real life version of the popular song, "The Girl on the Flying Trapeze," disorganised thei Chamber of Deputies during the per Gem-Faust (Gounod);

From Z.B.W. on a wavelength of 356 metres (845 kilocycles).

4-7 p.m. Utiness Programme. 7 p.m. Stock Quotations.. 7.03.7.28 p.m. Excerpts

course of a serious debate to-day, Vocal

from

A pretty young

woman, a visitor T"

Bartered Bride (arr.

in the gallery, skilfully dropped a rope and slid down quietly, taking a Deputy's seat.

The bewildered House burst into voluble protests, but the interloper refused to budge and was forcibly plussed, however, that the sitting removed. The house was so non-

hnd to be suspended.

When the girl was eventually lectured by the police, she said she was anxious to draw the attention of the legislators to the serious menace of national depopulation. --Reuter Special.

IN SEARCH OF HELP FOR CHINA

BRITAIN SETS EXAMPLE

Gems-Tales

of Hoffmann

Parado-1910-1935.

7.28-7.45 p.m. “Jubileo Music Hall

7.45-7.55 p.m. From the Studio,- "Rook Reviews" by Sabrina.

(O'Keefa) sung by Richard Crooks 7.55-8 p.m. "In my Garden"

(Tenor).

Report.

A p.m. Local Time and Weather

A Jazz Recital for two pianos by H.03-8.25 p.m. From the Studio- Doreen and Ray.

Programme

1. I' had an invitation to a Dance, 2 Dream of Love.

3 Fox-Trot Medley—la) Shine; (b) Mias Otis Regrets; (c) Who walks in when I walk out?

4 Waltz Medley-(a) Iniing Love call; (b) All Alone, (e) Holl your inan,

The Object of my affection. 8.23-8.45 p.m. Vocal tenis. Oh! Leo.

· Rock and Roll,

The American Elon Boys. Give me a heart to sing to (“Frankie

and Johnny").

Senorita.

Helen Morgan.

London, June 20. In informing other Governments

Jahn Brownlee (Barítone). with Far Eastern interests that Erbet Enery Epplethwaite, Sir Frederick Leith-Ross, noted

Gracie Fields," British cronumist, would shortly

Blue Moon. visit China, the British Govern-

Leslie Hutchinson. 8.45-9 p.m. Light Orchestral Music, ment expresses the hope that those The Arcadians Overture (arr. Wood).

A Musicni Snuff Box (Lindow).

9-10.30

Classical Programme. p.m. Dio for Finno and Violin in A Major,

Op.162 (Schubert)

by Sergei Rachmaninoff

MARKET REMAINS VERY BULL tunale. or "ven an, unreasonable,

The Harkon Aetrine becomes established and, once

dublar established, the Courts are bound to

1/8th this morning, the ofeial follow it, however much ench in-rate being 2%, 8.5 8d. The market dividuni Judge may dislike the remains dull, the business doctrine.

being 2a.

sellera and 4 4.1/160. bayers,

In London, Milver merely to ignore this criticism, either

A good example of this forms of 1/8th yesterday. expressed or implied, and intend this evening to consider the

aberation is discernable in what is latła, sold, and China matter, quite frankly, and try to arrive at called "The doctrine of Common Em both ways on a Home definite conclusion. Whatever ployment" which may be explained market. inymen may any about the law there shortly as follows: If I employ & as in a very strong body of legal opinion my servant and he negligently in French Code Napoleon, are codified which is always prepared to demon. Jures B in the course of his employ- strate the law's entirely reasonable ment I am able to 1. So far so systems, character.

spood. Hot if A anth, I are inthem-

Of course at first night n gode in 'n great lawyer, either Lord Ployed by mens servants then the Had

attractive, particularly to laymen. Cake, or some other, been present doctrine of Common Employment When it is all said and done there is when Mr. Bumble pronouneix

a great deal to be urged in favour in and says that

I am not celebrated remark the great lawyer ny

Bable. could have explained to Mr. Bumble,ays the Inw A and B must ench the relegation of precedents to a per countries will follow her example The Mousme-Overture (arr. Wool).

Why not?, you ask. Because of codification, and its logical seque!

had the latter been willing to Ilsten i risk of belug injured by the other be- nurse in our English Courts we often and also send experts to study | Parade of the City Guarda Wessel).

ston live contracted with me with the auasive and not a binding status. Of to him, the difference between the perfect renson of the law

cite easy which are not technically China's problems with a view to imperfect, heenuse merely natural,

on the Court such as Irinh, giving her what aid they are able. reason of Mr. Bumble

Sottish, American and Colonial cases, Britain hopes that the nations If Bumble, I

Jany, lind been willing

How did such a strange doctrine These are usually listened to with interested will arrange that their to listen to such an oration he might come about.

attention Was it invented by our site lion on sent af their persa representatives shall meet or might hot, have modified his harsh de Saxon forebears or imposed on

in much to be said Chinese leaders of finantes pronouncement about the law.

a vanquished nation by William the fystem in which the main Whatever might have been said Conqueror, Not a bit; it was invisions of the law are embodied in a trade, and discuss the situation in Arins-Deh Vieni, Nan Tardar (Ah! about the rattle in question in Bumble'sed in 137. The strange plant took to date. In that case all matters of

Pome, nor linger any more) (Le eude, which is periodically brought up

all its aspects. Reuter.

Nozze di Figaro") (Mozart). time It was felt, as time went on, that rust and has remained ever since, detail can be decided without that

L'Amore Saro Costante (My Love is it was out of touch with modern reali-except to the extent (and that a large rigorous regard to precedent that

forever true) ("Re Pastore") ties, particularly should think since y

one) to which it has been abrogated

our system requires.

(Mozart. the passing of the Act of 1898 which Statute in England. It is stili enalded prisoners to give evidence on Prof the Common Law

There of this

are definite signs in both their own behalf. Still the rule sur Co

Colony-

France and England of a partial vived that reform by 27 years and Another strange doctrine which adoption by each of the methods of WIN not abolished till 1925. Of course he grew up and florished for

the other. In England large portions even now a married woman is entitled "If, for example, I took a ride procedure, in the Orders of Court. time was the doctrine of "identifies including the important subject of

of our law have iu fnet

codified been to nequittal, in certain can prove that she acted under her in a cab and the driver had a collision The law of Bills of Exchange han,

enses, if she husband's coercion.

another cals through the negli- ever, will not now presume coercion.

rs of both of them Bills of Exchange Act,

been of the drivers

embodied in the Reasonableness

and I was injured in consequence,

In France on the other hand there has been t It is clear then that Bumble's main was debarred from sueing the owner distinct tendency to cause of complaint was that a rule of the other en, fa other words

report срамена

London, June 20. wheh might very well have been, a

beiter and

on them rely was supposed to be so identified with

The wonted austere plucidity ofNews. ong at Fame.

the cab in which I was right than while there is a reasonable

ioone,

time or

that "I frequently.

the House of Lords was strikingly To conclude 1 will say this that absent when the House voted the other, was in his particular engo dis could have

no higher those of its owner and as he would be law which tinctly absurd. So it will often be.

great deal in the second reading of the India Bili We really approve of Lard Coke met and defeated by

even its admirers can plea of con-hardly describe as rational, particu- to-day..

The Chamber was crowded, and

Lord Coke's claim that law is the gether around the Throne.

Eighteen of the twenty-four

The

for example, with The law, how-

gence

riding

it to ba This quaint form of aureason flourish-

ta

the

INDIA BILL IN UPPER HOUSE

the and

BISHOP DENOUNCES

DEMOCRACY

(Special to “Tulegraph”)

Fritz Kreisler (Vic)

and

Elisabeth Schumana (Soprano), Sonata in F Minor, Op.57 (Reethoven) played by Frederic Lausund (Pinnoś forte). Arla--Leonora's Aria

(Beethoven).

("Fidelio"}

Frida Leker (Soprano). 10 p.m. Reuter Press Bulletins. Symphony No. 3 in D Major (Op.99) (Brahms) played by Leopold Stoko wski and the Philadelphia Sympho-* ny Orchestra.

10.30 p.m. Rugby Mid-dny Press 10.31-11 p.m. Dance Musler

11 p.m. Close Down.

ZEESEN PROGRAMMES

dictum that law is the tion of tributory negligence I would too. larly in small matters, yet on

perfection of renson even if we allow it to Deed for about 40 years but was slain ole there is something to justify Peers and Commoners jostled to- This Evening's Broadcast From

Judged by that "artificial perfection and put out of the way for ever by a perfection of reason. Bentham, the of reason gotten by vation and experiens study,

in other words decision of the House of Lords.

System Quertioned

Jaw entirely reasonable even view- ed by a lawyer who has to have, as n rule, "long study, observation and experience,"

It is not. Lord Coke undoubtedly allowed his enthusiasm for his favourite study to carry him too far.

Many of you many question tho wisdom of a system which gives rise to such results. As against this the most important consideration is that these cases form but a very small part of the whole bulk of our law, Secondly you must have some general rule. If you had not you would in practice have as many legal reason, and that to he understand it as you have judges. A rule of some must be judged by those who have kind is essential. made it the subject of study. So for In systems which follow what we

"The Common

Law, that is

Law is a human device and, like nil human devices. It is imperfeel. Lord Coke's dictum is right to this extent that the law in itself is founded on

No good. He rightly

htly emphasises n

systems

fundamental fact that Inw is reason- English Common Law, the rule is to able, and also a distinction that the fallow previously decided cases, while reason that would judge must be on the an informed and instructed reason.

of our

The German Short-Wavers

Bad

for

Eastern listeners will be broadcast from Zocean sa

SOUTHT ABIA ZONE

Bouth Aala Zone, broadest from DJB, (19.74 metres) and DJN (81.38 metros),

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16.200 kep..11.36 .m. 445 p.m. DIN, DJN Announcement (Germ., Engl) German Falk Song, Pros _grammo_Forecast (Germ. Engl.)

DJ

great English law reformer, was no Bishops who are members of the admirer of our system yet he freely House were present, and all except faltawal admitted that our law reports con- the Bishop of Exeter, who, during tais an enormous amount of what is the debate denounced democracy, valuable and, expressed.

what is more, well great lawyers are often marvels of

The judgmenta

voted for the Government.

The voting for the Bill was 230 close reasoning and lucid exposition. |for and 55 against.-Reuter Special, the judgments of such judges as Lord Read, if you can get hold of them, Cairns and Sir George Jessel or in modern times Lord. Summer and understand them. will

be astonished, how easily you can They are indeed instances which show how thoroughly rational law can be. consideration and having reviewed Well then taking everything into

you

is to folent of Europe the rules hest we can the sometimes obscure It only too easy to exaggeratu | generally, not to make the king processer of the law can we say that

It fa

a Code and.

For

40-HOUR WEEK APPROVED

BUT GOVERNMENTS NOT· BOUND

what is. or what we consider to be, of other courts, rules of law. Of agree with Lord Coke

it is, in general, reasonable. Can we unreasonable in law. I wish to make cour

(Special to "Telegraph")- or are wel it clear that what is definitely un-

ather courts forced to agree with the less flattering course the decisions of

verdict of Mr. Bumble: reasonable is exceptional. In the vast spect. No civilized Country allows of us must judge for himself.

are cited and are trented with re-

Well each

Geneva, June 20. લ majority of cases the law works ren-its judges a free hand to decido as my part I think the law is, in the principle the

A draft convention, approving in sonably enough, sometimes in spite they think it. Such a system would main reasonable. That it is not week, has been adopted by the In- forty-hour work

able as it might be. Even in

runner, the intolerable both for judges, and entirely at in a cat is late, thia ternational Labour Conference by life wo

do not always say

of man's contrivance. If law in vote of 81-33. what we mean. To address someone precedents, Le.

first thing to understand is that were perfectly reasonable it would be

enses formerly de- something hetter as "Dear Sir" or more intimately as cided, are merely evidence of n gen-than it is, or can as yet claim to be,

and higher and does not commit any Government Thus, though the Convention "Dear Jones" does nat either expresa eral rule. From decided cases you namely the divine thing that we caliber of the International Labour to the foriy-hour week, each mem- try to deduce, a general Justice. (Applause),

Office which has ratified it declares its approval of the principle, to be applied in such a manner as will not reduce the sandard of living.

The

or imply any affection in fact. All deduce, or

our ordinary life is, in details, un-rule and then apply that general rule reasonable. by reasonable we mean

a strict adherence to logic.

to the particular case before Court.

the

Vote of Thanks

In proposing a voto of thanks to the lecturer, the Hon. Secretary, Mr. have regarded previous decisions us,

From the earliest times our Courts Joseph Ng said:

at all events indications of the statebers will agree with me, if I say of measures appropriate to achiev I am sure that all my fellow-mem- Ratifiention also implies the taking

of the law at the period when they that this gathering is a notablo eventing this end. Reuter Special. were decided.

off the loan on the appointed day his House of Lords the highest Court in having ternoon to lecture to us. |

Day

of

18

..

NEW GOVERNORS

APPOINTED

FOR NIGERIA AND UGANDA

London, June 20.

10.74 m

.. Woman's Hour: Dr. Martha Unger: Foreign Vitues' Impressions of Woman's Work in Germany.

5.30 p.m. News in English.

by

5.15 p.m. Songs and Plano Murie

Johannee Brahma and Richard

Streus

30p.m. Topient Talk.

4.4.m. Nowa In German.

p.m. Concert of Light Music.

p.m. News in Englah.

14 p.m. Close dawn NJ, DJN (Germ..

Engl.)

·

EAST ABIA ZONE

East Asia Zune broadcast through DJQ on 10.61 mettre (14,280 k..) 1.80-8 p.m. Convert. HOW A u.m.

p.m. DJQ. DJ annoncement (Germ

Engl). Geraan Folk Bona. Pro stamme Forecast (Garm., Eng!). 9.15 m. Woman's Hour: Dr. Martha Unger Foreign Visors' [n- (Continued on Page 5.)

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It is not surprising therefore to And that in law the legal instrument dock

not always say exactly what the Instrument actually means. Take for example, the interesting and common example of

of a mortgage of land in the

in the programme of the Association. Lower courts must follow the usual form,

de-llowever, in proposing cisions of higher ones

A voto

of On the face of the document if the usually follow the decisions of Courts cannot adequately express how much and they, thanks to Mr. Macnamara I fear I mortgagor does not happen to pay of co-ordinato jurisdiction. The we appreciate his willingness land is gone for ever. It would, England follows, or is supposed to here this

in our request to come however, he a very

foolish

mortgagee follow, its own decisions,

But the fact that who would try to treat the land

wo have such a Of course, 4

it has probably occurred good attendance in spite of the warm his own even after the failure to to you by now that under such a weather

the appointed day. The system as I am describing there are interest in the lecture. Indeed, not ample evidence of our Court, as a court of equity, will many dangers. In the first place it only have we had a well-known always

him to

to reassign the is very difficult to find all the pre as the speaker, but such

Inwyor property upon tender of the pri

e principal vious decisions on any point and pre-subject as "Is law reasonable" has an important of the loan; interest and costs. This sent them to the Court. Again some been most eloquently put before us, pleased to appoint Sir Bernard If your sweetheart makes obligation binds not only the mort cases have been badly reported, or With many vivid illustrations of the Bourdillon, Governor and Com- gagce but his heirs, and anyone

anyone to even mis-reported. Again the lower function of law, there has been in whom he chooses to assign the mart-courts may err and their errors may his lecture nothing wanting to make us mander-in-Chief of Uganda, to be rage. What I want to point out is not be corrected by the higher court understand the subject which is so Governor and Commander-in-Chief that there is never in fact n word in hot went years after, and perhaps essential has one of the legal aspects

cts of Nigeria, In succession to Sir love over the phone, make him the mortgage which revent this even

towards the essential fact. The instrument says

The Coden

the problems

everyday Donald Cameran, who will retire promise to take you to QUEEN'S life. Those of us who already had in the near future. one thing, it means, reality, some

In

I have said all I have to any about great admiration for the law, I am thing very different. The real terms the Common Law system followed fm, have an oven greater admira Mr. P. E. Mitchell, Chief Secretary,

His Majesty has also appointed Harlow and William Powell aro Theatre on Saturday where Jean` are impiled in the doctrines of equity, England, most of her Colonies, Ame-am for it after hearing Mr. Mac Tanganyiki Territory, to succe first musical picture together, and though these are centuries old rica and largely in India. Now I namara,

a now pair of sweethearts in their they are never expressly mentioned will say a few words about the InA document which is, in theory, "ystems which, following the great with acclamation.

The vote of thanks was accorded Sir Bernard Bourdillon-British

Wireless.

"Reckless."

Ila Majesty the King has been

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