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NOTICE
TO SHIPOWNERS," MASTERS & AGENTS.
The Yuen Wo Seamen's Institute always has men available to ship as watch- men, keamen, &c.
Our men are employed by the leading passenger lines. We guarantee satis- fuction:
}}
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LADIES & GENTLEMEN'S HAIR DRESSERS.
LADIES' HAIR SHINGLE A SPECIALITY.
ALSO MANICURE AND MARCEL WAVING.
19, Queen's Road C. let floor,
ChinaTMTM Mail
No. 19,852 HONGKONG, WEDNESDAY, JULY 14, 1926.
MASTER'S LIABILITY,
FOR ACTS COMMITTED BY AGENT.
TRICKY POINTS.
CAPTAIN'S CASE.
NOT SHOWING REGULATION LIGHTS.
FIRST "BIG" SHIP.
Another prosecution succeeded
SERIOUS CHARGE.
WARRANT FOR US. COURT:
CLERK.
ALLEGED, EMBEZZLEMENT.
Shanghal, July 14..
| Mr. Potter on Man Who Spanked at the Marine Court this morning, A warrant has been issued for
A Child.
against a European shipmaster, the
The legal aspect of liability of an employer in respect of the sets of his employee engaged, the attention of the Full Court of Appeal comprised of Sir H. C. Gollan. Chief Justice, and Mr. Justice Wood, Puisine Judge) this (morning" "
Mr. Putter "quated interesting fenses in support of his contention that a landlord is not liable for wrongful acts committed by his rent collector when authority could not be implied directly or indirectly and when the acts were such that the landlord himself could not have done them with or without the permission of the
tenant.
arrest
PRICE, $3.00 Per Month.
SHIPPING CHANGE?..
STRUTHERS AND BARRY'S FLEET.
NO "OFFICIAL" NEWS.
Молату.
W HAT IS THE
CORRECT
THING IN GLASSES 7
Ask Us.
N. LAZARUS...
Hongkong's Only European Optician. Manager: Ralph A. Cooper, Registered Optometrist.
FRANCE'S DAY.
CURTAILMENT OF LOCAL' OBSERVANCE.
TO-DAY'S RECEPTION.
Struthers & Barry's "In view of the difficult times Mail" that no oficial intimationing, the usual celebrations in Hong- Hongkong office inform the "China through which the country is pass- of William Alden
has been received regarding a ro- kong of July, 14. France's national on the thurge of not exhibiting Chapman, a clerk in the American
port, through the Manila Profs, that day, were curtailed somewhat, this regulation navigation lights, but Court in China, Shanghai, on a the Marine Magistrate (Lt-Com charge of embezzling $30,000 their skipa-handled by them for year, the dance which hun bean G. F. Hole, R.N.) did not impose longing to the U.S.A. Government to United States Shipping Board oficially organised on this day in will be handed over to other con the past not being held this year . The sum WRA placed in the
trol.
The Cafe Parisien has, however, or trustee account in a local bank; and Chapman is alleged to have drawn the amount in varying sums from time to time,"
fine as in recent cases. Defendant was Captain A. H. Stewart, of the Douglas Co.'s s.s. "Haiching." The act of omission alleged against him was that flights were not shown when the
Chapman is believed to be on steamer was alongside the com-board the President Jefferson. pany's wharf at 12.30
which left Shanghai several days August 1 LM. on July S.
ago, ostensibly on a short holiday in Japan, but it is believed that he is really on his way to America and takes the keys of the safe which have not yet been opened.-- Reuter.
Mr. J. H. Gordon Leask (off Messrs. G: K. Hall Brutton and Co.) entered a plea of "not guilty."
In the box, Lee.-Sgt. Gald smith described the incident," stating that he found the quarter. In the case which their Lordships master asleep. Witness thought had before them tan appeal the lights might have been blown against damages awarded in the out. Accordingly he waited a Summary Court to Chan Pui in while but no light appeared, respect of alleged wrongful acts Without lights, he considered the of the rent collector of Chok-"Haiching" to be a danger. yuen) It was cleur, said Mr. Pot-
In cross-examination, Sergeant
I
ter, that what the rent collector Goldsmith said, inter alia: It is was alleged to have done when the the first similar charge I have rent was not forthcoming could made against a "big ship." not be held to be directly inci-have been in the Water Police for dental to his work of rent collect- two years. I have not received ing.
any orders to prosecute officers of the Mercantile Marine.
, in ejecting a passenger who would not pay his fare, a bus or No evidence was given by the tram conductor used a little more defence. After Mr. Leask had ad- force than was necessary and in-dressed the Court. His Worship jured the passenger, them, said found Captain Stewart "guilty." Mr. Potter, it was obvious that In accordance with a provision of the bus or tramway, company the Ordinance, His Worship or- would be able if the conductor dered defendant to be bound over was invested with such powers, if the sum of $5, pesonal secur
ity."
A Bar Incident
TYPHOON WARNING."
When an employee committed acts which he was not authorised to do and which were not directly incidental to his work then there were plenty of law cases showing
The telegram quoted below was that the employers were not received from the Manila Observa- liable, said M. Potter. He quot-lary by ed a case in which a bar tender had handed to the police a man whom he accused of trying to pass a false coin, The Hotel in -action-for-damages brought by the man 50 treated was held to be not liable, as such an action was beyond the scope of the bar tender's powers.
the American Consul- General at 8 á.m. July 14, 1926, July 13 9.55 p.m. Cyclone or typhoon E. of Southern Luzon direc- tion unknown,
Correspondence.
Certain correspondence which had passed between the parties when the premises of the tenant
Mr. Potter also caused amuse-were nuiled up was referred to ment by referring to the case of and a letter written by Mr. Pot a famway conductor who was em- ter for his client, the landlord, powered to keep little boys away was referred to. The tenants from the footboard and who one had asked the landlord to remove day chased
A boy whom he the boarding with which the pre- thought had been sitting on the mises had been nailed up. footboard, "spanking him when Potter had replied that his client' The caught him. 'The Tramway would do this if the tenants re-
Company were not held as liable took possession.
because the conductor was not
Max":
The Chief Justice also referred
INSPECTOR. SHOT.
AFFRAY" WITH GANG ROBBER IN SINGAPORE.
CONDITION SERIOUS.
!
い
[From Our Own Correspondent.), Singapore, Tuesday. Police Inspector Sheridan has been shot in an afray with a gang robber. His condition is serious.
DELEGATES LEAVE.
The Hon. Mr. J. H. Kemp and the Hon. Mr. E. R. Hallifax left by steamboat at 8 a.m. to-day. to attend, with Mr. J. F. Brenan (H.M.'s Consul-General) the official conference in Canton, to, negotiate for a settlement, of the boycott,
The Hon. Dr. R. H. Kolewall and Mr. Ho Kwong were among those who went down to the wharf to bid the Hongkong de- legates Godspeed.
BOOT-LEGGING.
U.S. PROHIBITION CHIEF IN LONDON,
APPEAL FOR HELP.
Service.
American
ing American boats from the west- ern Pacific coast to South America and also has an extensive line to Australia, bpth lines being under the direction of the Shipping Board. |
An Associated Prosa mehsage,ganised 'privately a gala night. dated San
7. Francisco, July
At his residence at 13 Peak Roud reads:-
this morning, M. Dufaure de la The Struthers and Barry shipping | Prade, the French Consul enter firm has been notified by the United tained French residents and officia! States. Shipping Board that from guests, among those present being the operation of a|H.E. the Governor, Sir Ceell Cle- freighters on the Oriental run will menti. K.C.M.G.. the Hon. W. T. be turned over to Swayne and Hoyt Southorn. Colonial Secretary, thal of San Francisco. The Swayne and Hon. Mr. H. W. Bird. Mr. E R. Hoyt, organisation has been operat- Forster, Private Secretary to H. E. the Governor, Capt. H. B. L. Dowbiggin. Bishop H. Valtorta, Bishop Gauthier, visiting Hongkong from Pakhoi, Mr. R. G. Tredwell, Consul-General for the "United Tremendous Comment..
States, Chevalier J. M. Alves, consul! Officials of the Shipping Board for Brazil, Dr. W. Wagner, consul explain the transfer on the grounds for Germany, Comm. S. Carrara, that Swayne and Hoyt demonstrat-consul for Italy, Mr. S. Berg, consut ed a telegram sent to Chairman for Norway, Mr. M. J. Quist, con-
the Australian run then sul for the Netherlands, Mr. J. T Struthers and. Barry in the opera-Bagram, consul for Siam Mr. tion of the service in the Orient. A. L. C. de Albuquerque e Castro. consult for Portugal, Mr. M. J. B. Montargis, Mr. L. T. D'Quievrecourt, Mr. A. Rollin, Mr. J. Roces, Mr. Trémoulet, Mr.
on.
ง
London, July 13. The United States, Chief Prohibi- tion Officer, Liberal Lincoln The Chief Justice commented Andrews, has arrived in London doing anything incidental to his that if the landlord took the re-at the head of a delegation to dis- jduty when he left the car to pur-sponsibility of opening the pre-cuss with the British Government
sue a boy.
mises it could be implied that he the suppression of internationa! took the responsibility of closing boot-legging-Reuter's them.
to the fact that in the letter writ subordinates of General Andrews It was announced on July 9 that ten on behalf of the tenant men-would proceed with the organiun- tion was made of trespass but in Mr. Potter's reply reference to trespass was entirely omitted."
Tenant's Evidence. At yesteday afternoon's hear- owner of the bedstead could poting the tenant gave evidence of legally have authorised his agent the torts alleged to have been to commit it, the court had held committed by the rent collector. that he was liable for damages.
He (the tenant) had been away.
The Chief Justice referred Mr. Potter to the case of Dyer and Monday in which an agent of the owner, not being able to get pos- session of a bedstead which had been lent out, assaulted the man who had borrowed the bedstead. The Chief Justice remarked that spite of the assault being illegal and therefore that the
AD
Mr. Potter said that the two from the house at the time and it cases were very different. The was on his return that he found agent in that case had direct the doors nailed up and the in- authority to take something away. side of the house in a state of In the case before their Lordships confusion. Witness detailed the
the rent collector had authority things, that were alleged to have to do nothing except collect the been taken away by the land- rent. He had no authority to lord's agents and the damage that take anything away.
LINCOLN C. ANDREUS,
The transfer is causing tremend ous comment in Pacife coast ship ping circles.
Struthers and Barry have publish-
ed a telegram sent to Chairman Leipsus, Mr. Guerinesu; Mr. Naeff. O'Connor of the Shipping board.in Mr. Goldsmith. Mr. Pinguet, Father which the firm protested the trans-Blotteau, Father Vireondelat and fer. 'Struthers and Barry insist | Bros. Cassian and Wiltred. they can demonstrate the error in the reasons given for the transfer to Swayne and Hoyt. A hearing is asked.
KIDNAPPING CASE.
VILLAGE BOY BROUGHT TO HONGKONG.
WOMAN'S. DENIAL.
12 Boats Affected. The "Manila Bulletin" adds:- Struthers and Barry, represented here by L. Everett, Inc., operated The story of how a Chinese boy, the largest fleet of Shipping Board eleven years old, was enticed from owned vessels now making Philip his village at Taipo and brought pine ports, The fleet consists of by train was related at the Cen- eight freighters and four tankers, trai Magistracy this morning! The freighters are the West Cho-when a woman was charged with paka, West Faralon, the West Ca- kidnapping, Joot, the West Sequana, the West
A report of the boy's disap Prospect, the Elkridge, the West pearance was made to the police Ivan and the West Carmona. The at Taipo and a district watchman tankers are the Menton, th Stock-traced him to the house of the ton, the Dilworth and the Salina. defendant at Second, Street, in the Swayne and Hoyt operates five western district, four days later. Shipping Board vessels on the Paci fic-Australian run, L. Everett, Inc. also being agents for these vessela
Evidence was given by the boy of how he was-dragged into the train after he had refused
Ot
in the Philippines. These ships re-offer by the woman to be adopted
cently have been sold to the Mux- aon line for private operation on the Hame Tup,
as a son. He also made refer. ence to the other occupants in the house advising the woman: to Swayne and Hoyt operates a line send him to the Po Leung Kuk. for the Shipping Board on the Paci-Defendant claimed that the boy fc-Argentine run.
stuck to her the whole time' and she had to request the ticket col- lector to put him out of the train.
The case
was adjourned for further evidence.
Struthers and Barry has been in Philippine shipping several years, Dixon about Ave years ago. having succeeded Struthers and.
CANADA'S CABINET.
SWORN IN BY GOVERNOR-"
GENERAL
ELECTION IN SEPTEMBER.
Ottawa, July 18.
"
TUBE STRIKE,
EMPLOYERS TIME LIMIT EXPIRES.
MEN DISCHARGED.
New York, July 13. Nearly 700 striking subway
The new Canadian Cabinet was sworn in and took the oath, before at noon, which was the employera workers failed to return to work Lord Byng, Governor-General: The time limit, and accordingly Cabinet comprises
for
Prime Minister, Minister External Affairs and President of the Council-Mr. T. Melghen..
Minister for Finance. Mr. R. B. Bennett,
Minister for Defence. Mr. Hugh Guthrie.
Secretary of State.-Sir George Perley
Minister for Trade and Com- merce Mr. J. D. Chaplin.
Minister for Customs. Mr. H. H: Stevens,
Sir Henry Drayton, who is at
had been done. Coming Near Home, Mr. Potter carried the argu-dicated to their Lordships that Mr. Potter had previously in- ment nearer home to the affairs his case, as it had been right of the average Hongkong citizen, from the beginning when Mr. Suppose that an agent of some Macnamara represented the land- firm, calling at any office to col- lect from an employee certain lord in the Summary Court, was tion of a new army of enforcement present without a portfolio, will debts, was unable to collect them that the whole stoy of the tenant agents while General Andrews not ne Prime Minister during the and therefore took away or was false and that the affair went to Britain and negotiated cer- absence of Mr. Meighen from the
tain changes in the British-Amer capital during the election cam damaged certain property, could was a put up one..
Mr. Potter cross-examined the can liquor smuggling treaty. Dur-paiga it be held that the collect-
The Ing his absence 4,000 men will be The election will probably take or's employer was liable?, he tenant along these lines, naked. If a master was liable intenant denied that he himself took added to the staff. It is understool place in the third week in Septom cases of this sort it might just as away the goods stated to have that he will visit France, Germany ber-Reuter. well be held that the master was been taken by the landlord's and several other countries for the
agents.
~*~*~ purpose of arranging new agree!
fore the court.
of
liable in every case brought be The cook in employ of the ten-ments and obtaining first-hand The tenant, who was not legal-ant also gave evidence and said knowledge of the activities. ly represented owing to his solici- he was in the house when the whisky smugglers.] tor being refused a hearing as the rent collector and two men came. court was sitting in appellant On being told that the principal jurisdiction, was called by His tenant was away they proceeded Lordship who explained simply the previous hearing. Witness, to commit the acts as alleged at the gist of Mr. Potter's argu- denied that the goods had been menta:
taken away prior to the arrival of (Continued at foot of next".
the-rent collector. Column).
TO-DAYƏ DOLLAR D
The closing rate of the dollar, an demand to day was 2/2 18/16,
discovered.
were
It is estimated that the strike has already cost $240,000 loss to the revenue.Reuter
THE WEATHER.
TYPHOON WARNING ISSUED TO-DAY.
Warning of a typhoon of unknown Intensity within 60 miles of Lat. 150 N. Long, 1270 El, directión 'un- known, was issued by the Observa- tory this morning. A late message from Manila yesterday gave warn- hg of a cyclone or typhoon east of southern Luzon, direction un known..
The forecast until noon to-mor
or variable winds.
row is south-west or moderate; fine.
Pressure has decreased moderate-
ly over the Visayas and over-east and Central China. It has decrena-
For firing crackers without aed slightly over Luzon, Formosa and pormit, Mrs. Brent, of No. 62, Holly-S. China and is nearly stationary wood Road, was fined $5 at the eloowhere. Central Magistracy this morning.
An Interim dividend of $2 share for the six months-ending June 80 will be payable by the Hongkong Land Investment and Agency Company on August 6
The anticyclone S. E. of Japari hat strengthened slightly,
One use of diphtheria (Chinese). was reported during the 24 hours ending June 13.
SUMMER PYJAMAS
(as Illustration)
NO COLLAR, KNEE LENGTH and SHORT SLEEVES,
The
most "Comfy" sleeping sult for the hot sultry nights.
Stocked in White, Blue and Fawn. $6.00 per suit
We allow 10% discount for Cash
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Des Voeux Road,
Thow and stent with w amoureid of the following advantage.
AIR PRICES RESH STOCK FINE QUALITY AITHFUL SERVICES
COLONY'S L2.1 (N6, 1RASCONNES
TABAQUERIA FILIPINA |
ALBERT
FOR
DAINTY DISHES
A DIALOGUE BETWEEN CONNOISSEURS
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He. That is so His French Caken at $1.00 per dozen. Eig Madeira Cakes, ha Big Cakap, hìa Ios Cream (ombined with excellent spiaino), sro made exclusively with. the butter, milk and cross of the Dairy Farm Co., Lld,
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・
from 10.30. 5.m. to Midnight. Queen's Road Central COpposite Hongkong Hotel