1937-04-05 — Page 17

FAMILY FIGHT OVER FORTUNE

brothers, which was created prior to 1883. Alternatively, if the money was contributed by Shum of his own montes (which was dented) the share (Continued from Page 1)

in the Bank purchased with the sum was placed by him into the common Shum U-wa, both now deceased. On fund for the joint benefit of the or about January 26, 1884, Shum brothers. From the date of the U-wo and others established in purchase, the shinre had at all times Hongkong the Sul Kut Bank with abeen treated by all persons concerned capital of $50,000. It was organised as belonging to the fund..

a partnership and was not in- corporated.

Shum U-wo contributed tu the capital of the Bank out of his own monica of Tls.9,000, équivalent to HK$12,500, which entitled in to two and a half shares in the Bank. He had an elder brother, Shum U- pan, now deceased, and a younger brother Shum U-ling Of the three of them, Shum U-pan was In 1807 poor whereas the other two were pussensed of considerable fortunes. In that year, the three brothers entered into a written family agree ment.

The document was headed "Family rules of the Shum

Defendants further denied that Shum U-pon, one of the brothers, was poor in 1897, and maintained that he and his brothers nequired property which was placed. In fund, in which he had a substantinl interest. Both Shum U-wo and

U-ling, they alleged, Shum

considerable never possessed of fortunes us apart from the fund.

POINTS At issue

were

Continuing, Mr. Potter stated that one of the two points at fasue, was whether or not the family rules to

of

property. If they did, then of course Fat Tong" and was signed by 1998) Perpetuity could be applied to the and others. The properties settled the action failed, but if not then it Brised was the question of who was entitled by the family agreement compriac to the property. The decision

half sbarca inter alia, the two and a in the Sul Kut Bank, which were the Court was therefore who was

U-wo.

The

the owner of the share in the Bank, contributed by Shum

Sof the

which was admittedly settled under principal provisions of agree- mcht were to provide for family the agreement of 1807. worship and for certula benents to be given to the three brothers and their descendants out of the settled properties.

It was expressly (or impliedly) provided that the corpus of the properties should remain sub- ject to the family rules in per- petuity.

MANY DESCENDANTS

Defendants admitted

that Shum

U-Wo subscribed Tls.0,000 to the capital of the Bank, but maintained that the money was either trust pro- perty or, alternatively, he made a gift of it to the common fund. If that was the case, Counsel submitted, the onus was entirely on the defence to prove it.

Counsel quoted authorities in sup~! All three brothers had numerous descendants. So far as plaintiff was port of this submission, and said that aware, all the descendants of the the Court never implied or presumed was absolutely tree brothers lu the male line, who trust unless it

evidence could were now lving, had been mude de- necessary. If no fendants in the action. Since 1932, Produced by the defence, then judg much litigation had taken place in ment should be given for plaintiff. connection with the said family rules. and in connection with the affairs

NO TRUST MENTIONED

THE HONGKONG TELEGRAPH.

MONDAY, APRIL

1937.

CHINA'S CORONATION DELEGATE

His Excellency Dr. H. H. Kung, who heads China's offiefal delegat on to the Coronation of His Majesty King George VI, is here seen on his arrival in Hongkong yesterday. With him is the Hon. Mr. N. L. Smith, Colonial Secretary, who welcomed the distinguished visitor on behalf of If.E. the Governor. (Photo: Ming Yuen).

NEW NERVE DISCOVERY

not urise at all. The defence had Branch System in

of the Bank. As a result of these Mr.. Sheldon replied that the ques- proceedings the Bank had been tion of trust was never mentioned in wound-up and the two and hall the pleadings and therefore it did shores

by were, now represented moncy and/or securities in the hands] admited Shum U-wo of Mr. Seth as trustee for the person who might ultimately be found to be entitled to them.

Plaintiff claimed that the family rules were vold as creating a per- petulty, and that there was a result ing trust of the proceeds of the two and a half Blares in the Bank in favour of the persons who, accord. ing to Chinese law, were the heirs of Shum U-wo to be held by them

shares in such

Chinese law directed..

As

subscribed

Tis.9,000, but the real point was whether or not the sum was given out of his own monies. Plaintiff had to produce evidence to prove that.

the Skin

Sheldon, Mr. EXISTENCE SEEN

Supporting Mr. D'Almada said plaintiff hnd entirely failed to prove this, and therefore the case should be dismissed.

EXPERIMENT

T.T.

Demand

EXCHANGE

Selling.

13. 2.27/32 .1s. 2.27/32 .101%

52

100

TT. Staghal T.T. Singapore T.. Japon TT. India

USA. tonila

TT. Al TIT: Butav

INT

T.T. Salgor TT. France T.T. Germany T.T. Switzerland TT. Australia

PUZZLING FILIPINOS'

FUTURE

(Continued from Page 1.)

termined its policy regarding the In the Philippines. is future of bases

30%

RATS COST WAKE UP YOUR

FRANCE MILLIONS

Although Paris, plagued during the Middle Ages by the Black Death- the dread Bubonic Plague propagot- ed by rats-has long ance forgotten about the dangers of these pests, their ravages cost France a billion francs'a year.

Rats suddenly leaped to the Park front pages again last week when giri was bitten by a rat in the Metre corridors, and people began finding out about the little beasts that live around them all the time, Gabriel Petit, member of the French Acade- my of Medicine and expert on pests, revealed that the rat population of: Paris exceeded its human population. Conservative estimates, he stated, placed the Paris rut colony at about 10 millions.

In the Middle Ages every European city was subject at regular periods to the dread Bubonic Plague. In 1500 the rats drove Henry VII out of London, and he went as far as Colals In France they before he stopped. In

were a real danger down to the time of the French Revolution. Since then mankind has found more effec- tive means of fighting against the rodents and the disease they are apt to carry.

·

The last epidemic occurred Just. after the World War--the Plague us- war ually follows. closely after perlods, when physical resistance, is low and rats have had a hard time foraging for food. The origin of the epidemic was traced to a ship from India which had docked in the Seine. Rate escaped and carried the germs to their neighbours of the Patis rut colony Dend rats became numerous in 1918-19 and soon the toll began to mount among human beings. There were 01 cases of the Plague treated in 1620

By the use of mass vaccinations

ڈیا

LIVER BILE WITHOUT CALOMEL

'And You'll Jump Out of Bad Feals ing You Could Push a Bus Over The liver should pour out two pints of fquid hils fets your bowels daily. If this kin tanol flowing freely rour food doesn't digest. It just decayn in the bowoła, que blouts up your stomach, Yon get constipated Your whole system is polsonal and you feel sour, sunk and the world jooka punk, '

Balte, Bazy drinks, palatable laxatives and harsh purgatives are makeshifts, A. more bowel movement doesn't get at the fatig. 11: takes the famous, sure acting Carter's falitia Liver Fille to get those two pints of bile dowing freely and make you feel “us and pp", Harmless, senlie, yet amusing ft mikic« Ina blia now fively. Ask for Carter's LlitÍM Lilver Piits. Lock, for the namng Carter's on bered jackages,

OFFICIAL SOUVENIR PROGRAMME

of the

CORONATION

OF THEIR MAJESTIES KING GEORGE VI and

QUEEN ELIZABETH ON SALE FRIDAY, APRIL 23rd

Price $2

By Gracions Permission of Illa Mafiotu thie ·"

Trust

217 The military policy is also a secret. and a huge rat-killing campaign the Prepra ime is jurued by King Georgata Jubles

But it is widely rumoured that some 6474 of the highest authorities regard the 647% Islands as

military liability, Critics 149%

.6.57

of the present American policy with respect to the Philippines are ham- 14mering upon the alleged Inconsistency of the MacArthur Plan and the 1324 Tydings-McDuffle provisions for

maintaining Philippines neutrality.

1936, of

epidemic was stemmed at once. There have been no cases since 1921 in Faris. Moreover, in 3,525 live rats captured and examin ed in the laboratories there were none bearing the Bubonic gen and only four were considered suspect.

By A Medical Correspondent Mr. Potter contended that If Shum

A new system of nerves in the skin,

Buring 1 m/s. L/C London U-wo had subscribed the money, as

closely concerned with the defence of had been admitted, the law had the hitherto unsuspected and apparently

do right to presume that it was his own the body against injury, is described 4 m/s. D/P

could the defence money, unless INVENTED NAMET

prove to the contrary. "Once it is in the current issue of the British 4 m/s. L/C U.S.A. admitted, "said Counsel, "that the Medical Journal by Sir Thomas m/s. France

the Lewis, the famous expert on the bear! U.S. Cross rate in Londen Counsel then went on to say that mo

share In had taken a

and circulation. defendents had filed a statement of partnership then, prima facle, it is

Sir Thomas starts with the well- defence in which they said that the his money and it is for the defence known fact that when a small area of ordinary nerves of nain for various neutrality pact as the best guarantee | eliminated once for all by the]

prove that it was a trust.

naine Shum Chik Hau Tong was

sub-

Invented by Shum U-wo for the purpose of holding property sequently included in the shore in the Sui Kut Bank. They denied that the sum of Tis.8,000 was contributed by Shum U-wo out of his own monley, but said it was paid out of

man

India

considerations

on seems

to be

1/01%

rat- France pays In Each year .1/3.1/32

NO STEPS TAKEN.

extermination and'damage caused by 1/3

301 The State Department says that rais more than a billion franes. This

Buthorities ta

think caused .0.87 thus far it has not taken any steps hos

of the seriously of getting rid of the pesis .92% 1owards the neutralisation

for good. The

of old quarters many 4.89 Islands. The trend of impartial opin-

to discount a Paris ne naturally honeycombed with their roads and they can only concerned with the of security with independence. The erection of new houses This skin

is injured there develops in many mode of spread and the localisation of

of the

widespread unumieral ogration in the programme

possible the

Is going ahead His Lordship ruled that it was the people anus of the defence to prove that ness which arger arcs of tender- the tenderness. Nor can the pheno-the press regarding other possily. To-day the so-called

ich spreads slowly, and may,

menon be due to the sympathetic safeguards, including membership for sheldon then applied for uni the money was a trust. Mr. in ten minutes or so, rench an oval nerves, since tenderness is easily pro- the Philippines in the Pan-American system is being examined for applica- tion in Paris. First used in Denmark ad- area of several inches in its long axis. x

voked even when the sympathetic union and a

new Four Power Pacifiction journment, which was granted.

This development of a tender ares

system of the tested portion of skin Pact. This agitation thus for lacks and now winning favour in England, this method consists in deliberately of local anaesthetics, and Sir Thomas one previous operation upon

likely

numerous that

new interna- argues from his experiments that it

NOT A NET-WORK

tional ideas will be injected into the disease which is harmless to human beings. It is bacteriological warfare has nothing to do with the ordinary

It is concluded that the new system situatior. If the Committee of Experts nerves of sensation or the nerves of

of nerves is not a net-work, but a Buds it is economically, feusible to carried out not against humans but their rage-long enemies. There what is termed the sympathetic sys- complicated series of branches and shorten the period of experiment against tem which supplies the blood vessels that these lie actually in the skin prior to the granting of full indepen-will be no declaration of war,

and

much

The case was resumed at 2.30 pan, has been closely studied with the use is known to have been destroyed by foffiefal status but it is considered infecting the ruts with a killing

a common fund belonging in the three to-day.

Swan Culbertson

Friti $

Investment Bankers and Brokers 'n Securities and Commodities Daily New York and London Stock Exchange Service Commodity Futures on the principal Americun

Hembers of

New York Colton Exchange

Chicago Board of Trade

Winnipeg Grain Exchange

markets..

Commodity Exchanre, Inc., New York. Canadian Commodity Exchange, Inc., Montreal New York Coffer and Sugar Exchange Manila Stock Exchange.

Correspondents for

Hayden, Stone & Co., New York and Boston

J. E, Bwan & Co., New York

Hongkong & Shanghal Bank Building, Hongkong

Officer: Shanghai and Manila

Telephone 3024+

Cable Address SWANSTOCK

L.R.NIELSON & Co.

BROKERS

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of the skin.

itself.

dence.

If the area which has to be injured "From a series of experiments upon is first of all injected with a local humun volunteers along the lines It is generally felt thut a trip by anaesthetic and a small crushing in- jury made in the centre of the small described above, the conclusion is President Roosevelt to Muntia would that there is a system of be most helpful to the formulation of insensitive area, then, the develop-nerves in the skin hitherto unrecog- chance of ratification by Congress, aprogramme which would-have-n ment of the large area of tenderness nised, and for this systern the name Observers are, impressed by the does not take place until the central "noeifensor" is suggested in view of Injured patch has recovered its sensa-the

numerous social contacts between action which this

***** | President tion.

system

not due to the spread of any pain-phenomenon of a large tender area producing substances, but is conveyed actually protects the skin is com- by nerves.

plicated, but there seems little doubt It is argued that it cannot be the cf the validity of the deductions.

rabably affords.

but soon the Paris authorities will carry out one of the most merciless wars

ol

In French history. If the rats Paris knew of it there would be an exodus surpassing the grand march of the Pied Piper..

Quezon, Japanese and HOW GIRL DETECTIVE This shows that the phenomenon is The exact method in which this Chinese, and their cordial personal

"SPOTS" PILFERERS

NEXT CHANGE AT KING'S

THE

KAY AT THE PEAK OF HER LOVELINESS AND GEORGE AT THE TOP OF HIS FORM Reward You With Performances That Will Make You Thank Them From The Bottom of Your Heartt.

KAY FRANCIS

GIVE ME YOUR HEART

GEORGE BRENT

ROLAND YOUNG PATRIC KNOWLING »HENRY STEPHENSON FRIEDA INESCERT A Warner Bros. Picture » & Cozmnopoltin Production + Directed By 'ARCHE IL MATO

relations-United Fress.

SECURE INVESTMENTS.

FACIAL BETRAYAL Washington, Apr. 4. President Manuel Quezon, in the Ming Barbara O'Rourke, who was course of a broadcast talk, defended stated to have had two years and a the proposal to shorten the term hal experience in detecting pilfering prior to the granting of full indepennt a London store, was a witness in dence to the Philippines, as likely the King's Bench Division recently in to stabilise trade relations and re-

an action for damages for false im- sult in the prosperity of the islands, prisonment.

Under His proposal, the President said, by negotiating a treaty with She said she was 20 and that of the Philippines, "you can find safety about 240 cases of alleged, theft that and security for investments.

she had "detected," there had been

The President warned the Phillp-only three acquittals.

pines #

"sugar barons" that to insist

upon the present status would be

Mr. Neville Loski, KC. (cross-

"tantamount to economie suicide on examining her)How do you know

your part,"

part," adding "I am prepared which people to watch?

to take independence even if I should

D

Miss O'Rourke-You can tell by the

fail to receive the benefits of the look on their faces.

United States market."

For the first time, President

She never stated in an interview

Quezon revealed his suggested in-that she could "sense" people who dependence dates as being December came to piller. 31,938, or July 4, 1939.-United Press.

Coronation Service Shortened

London, Apr.. §. King George VI's Coronation Ser- vice will be the shortest over used in a British Coronation ceremony.

The form of the service has now been published and reveals a number

of changes from the previous custom.

Mr. Jusice Swift-Have you ever been interviewed in this country and not recognised it after?

Mr. Laski-No, but I have seen speeches that I was alleged to have made that I did not recognise.

COTIES MAY NOW BE ORDERED

PROM ALL NEWBAGENTS & .

BOOKSELLERS

The world-famous \mouthwash

הקטן

refreshes

like a bath

SHE WAS MILLION HEIRE. I

HE WAS A ENNILESS CLERK

War Training for CKIES

Soviet Children

MINIATURE BULLETS AND GAS MASKS

published to-day

A new Moscow, Apr. 3. The sermon will be omitted and time orders instruction in military science will be saved by singing the Litany and strategy for all schoolchildren as the Dean and choir walk from the from the age of eight upwards, until

to the West door.

they reach milltary age. Another change

will be that the Archbishop and Bishops will make manufacture of mullons of miniature The law also provides for the their act of homage together. The bullets, gas masks, guns, toy para Peers in each order will also take chutes, aeroplanes, and motor-cars: their oaths together.—Reuter,

altar..

NEW CONSUL

Games played by children must be directed towards the application of military lessons.

The children will be instructed by, military experts, under the auspices The new Italian Consul General of the Ossoaviakhim, the volunteer. in ....... Hongkong, Comdr. Pagano di society for defence against air m Mellio will arrive here on board the chemical attack, the Commissar Conte Rosso on Saturday next, April of Education, and the Komsomol 10. Mr. Blancon will leave im-(Communist - League of You mediately afterwards.

Reuter

GIRL

THURSDAY

the

ALHAMBRA