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TANG YUE, DENTIST
Successor to
the late SIEN TING, 14. D'Aguinr Street.
TERMS VERY MODERATE
Consultation Free.
ChinaTMTM Mail
No. 19,982
BANK LOSES.
Multilated $500" Note Case.
SUMMARY COURT FINDING..
unde
נזין
HONGKONG,
"LIENSHING"" "LOSS.
DISASTER TO INDO-CHINA STEAMER."
LATEST FROM NORTH.
B 1845
MONDAY, DECEMBER 13, 1926. PRICE, $3.00 Per Month.
6 inquley From the head offer
the Indo-Ching Co. this morning the "China Mail" learns that the finite news is still awaited with r gard to the reported casualties Through the loss of the ss. "Ties shine" 64 miles out of Shanghai. The first telegram received
Bu
$1,000 BOND.
HEARING OF MR. BREWER'S CLAIM.
LEGAL ARGUMENT TO-DAY.
When the case opened. Mr.
SHANGHAI DIVORCE.
DECREE NN FOR MRS.
"W. J. GANDE.
CUSTODY OF CHILD.
18
[1
N. LAZARUS.
Hong Kong's Only European Optician
Established Over Forty Years, Manager:-Ralph A. Cooper, Reglaterad Optometrist (Canada).
UNION TYRANNY.
Boycotting of Steamboat Vessels.
محطة
THE FACTS OF THE CASE.
Why Negotiation Broke Down.
Good Value In
GLOVES.
Suede Finish Fabric in Chamois, Peur) Grey
and Dark Grey
Fine
Leather.
quality Chamois
$6.00
The hearing was continued at From Our Own Correspondent.] the Summary Court this morning
Shanghai, Dec 8. Mr. Potter And Notice of
of the case in which Mr. N. 1.
Local interest was centred round Appeal.
Brewer clams against Messrs. the British Supreme Court this Brewer and Company in respect morning when is Mudutatni,
'some time past, reports Judgment. was given by Mr.
of a $1,000 bond he entered into Garde, wife of Mr. "Winter Gamis (whilst a partref if the deer Glande, Price and-Fol, one of the Justive Wood, this morning in the
fendant company) with the Chi-best known menters of the local state that the reason the steam- which lo Lee-shi, a Chinese lady, sad the Hong lessrs. Pardline. Malaeson & Co. due performance of the terms fore Judge Peter Grain for his
nese Estates Ltd, to secure the British community, petitioned beers of the Hong Kong and Macao Steamboat Co.. are still being Kong and Shanghai Banking Cord from the Shangha offer by which the tenney had been solution of her rige stenbject to a boycott is due to this poration for $500 on the groundspielted that three Chinese
were made.
Plaintiff ceased to be a ground of the adultery of her has-
Company refusing to re-instate bhak certain portions of a note shej drowned. Suberguently anther partner in the defendant firm last band with a co-responding whose
the members of crews of their prodared were genuine although cutite Raid: "10 is reported that forty year.
Super Reindeer Biscuit the number and date were miss were drowned"
name was not mentioned in Court.
svessels, who went on strike in
colour. The "China Mail" June, 1925.
'Bandsewn. Mr. E. H. Platt appeared on behalf has made enquiries and it is now ing. The plaintiff's case it will Until a chl is made at the M. W. Le representing the de-of the petitioner, whilst the respon remembered, was that the note spot, it not possible way which tendant Company) said that all dent was not legally represented.
$10 50 Inscertained that the following are had been in the pocket of a gar version is correct.
the material facts were agreed bo-
the facts of the case... After houring evidence
Tan Cape, a good strong pent which had been washed
in the middle of November the wrning and ironed and that this the Marine and Engineer tween him and Mr. Brewer with domicile. Mr. Platt put his client in
|| Süperintendents of thy company the exception of that as to whethe wishess hox. Mrs. Gande said Company was informed that the
glove for hard nsnge. accounted for its mutilated state.!!
ther the Chinese Estates Ltd. that she first heard of her huel to replace employees, who had Sehien's Union at Canton desir- Mr. Eldon Potter, K.C.. instationed in Shanghai have
Ferred to the scene of the wreck had made a demand on him (Mr.band's actions shortly after her acted as strike-breakers, by mer structed by Mesrs. Johnsen, which is about 1 miles dista Brewer) in connection, with the turn from a holiday in America. Bery of crews formerly in the
Fine Grey Suede. Stokes and Master), was for the
Finding female clothing in the Bank, and Mr. H.S.Fitzroy finom that pori.
The Secretary of the Chinese house, she accused her husband of with the Officials of the Seamen's They will nuke the first insperh
Company's service.) A meeting sturteil by Mr. W. B. Hind) for],
Estate Ltd. was then called having committed kitery. ting at low tice, after which are the plaintiff.
fort will be sent down as to the evidence and in answer to His did not deny the accusation.
Union at Canton was arranged In extent of the damage.
Honour's question, said that the
Hia Lordship said that he was of the Steamboat Company on and attended by representatives
ledge, made any demands at any had been established.
Mrs. Gande Union a serial number of a bankrote to make arrangements for sal time on Mr. Brewer.
was informed that the would be granted c vage from Hong Kong is there are In reply to Mr. Brewer.
decree Company would re-instate for wit with custody of the ten year-old} ness said that the Company had child.
mer members of their crews as authorised the sending of a let-
soon as vacancies occurred: bus [ter to him in which it was stated?
the Seamen's Union refused to told that they reserved their rights
consider this proposal and de- from against him.
manded that every Chinese mem-
f
Note Not Void.
Mr. Justice Wood in the course i
his adgment. Found that Bai,
bond
9290
wif not, of course, be heretiompany had not, to his know-satisfed that evidence of adultery November 18 Fast. The Seamen's i
is a naterial and esential partcilities in Shangivad.
Story of the Disaster.
of stich a note and refurred to: gathorities which lay down that Pany material alteration of an
instrument without the assent of The story of the dianster the party sought to be charged the following Reuter cables upon it even if marle by Shanghai dated December 12: stranger and without the privity
M
Messrs, Jardine Mathese's
of either party, renders the inputienshing stuck the Amherst simament veidi,"
Rocks.. 64 miles put of Shanghai, at
almest immediately.
4. The fundaments diiculty in our clock this morning and sanki
this case was to interpret the words "material"alteration."
A Lilet bont in the vicinity reg What had happened here was re- cognisel not to be an alteration used the officers and foreign pas but danige Following the deces and it is believed albost trine laid down in certain aath at the Chinese, except three y orities, is Honour found that are known to be dend.
the document produced by the There is no news as to whether plaintiff to the Bank was merelyfany are missing. The pilothous
Mr. Lo, nddressing the Court, First, he claimed that the court said his defence was twofold
had no jurisdiction. The claim
XMAS NUMBER.
"China's Mad's" Special
damaged note and not a matertook them to Shanghai, The for faly altered one. The note in sign passengers were cul in their TO BE PUBLISHED TO-MORROW. question was therefore, in his night clothes. opinion, not vaidi
The Lost Portions.
40 Chinese Missing.
41
His Honour referred to the judg
Later. ment of Lord Ellenborough that. Acording to the latest infograa "payment can only be enforced at tion, when the "Lienshing struck law by the production of an entire she listed over, then slid of the note: or by the proof that the in-rocks, sinking completely an hour strument or the part of it which inter
The "China Mail Christrias, Supplement. attractively print- ed in colours, will be published to-morrow. A copy of the Supplement will be given away free with each copy of the Besides a number of seasonable articles and short
paper.
ין
NOT WORTH IT.
A FIGHT OVER FIFTY. CENTS.
$6.50
$6.50
SPATS
จ
in all colours
We allow 10% discount for Caudi
ber of the Company's present MACKINTOSH
crews, old servants and tempor- ary assistants alike.. Be dismissed and their places filled by crews to be supplied by the Union..
Is it weally worth fighting over twenty cents?" naked Mr. R. E
The "China Mail' understands Lindsell at the Cent Magistracy that as about one half of the for- this morning, when two Chinese
mer employees had returned to were charged with causing a dis-work, the Company was of opin- turbance in, the street: His Wor-ion that the demands of the Sea- ship fined each defendant $1 and men's Union were antagonistic to ordered cach man to sigi a bond every element of justice, and ac- of $60, 16 keep the peace for sixcordingly refused to concede months.
them
The next ense before the Court was also one of obstruction, defen-
dant in this instance pleading that HAWKERS CHARGED. This employers bad instructed him to put the goods on the pavement.
"Did the shop find the hail?” | queried the Magistrate, who, upon learning that such was the ease, re- torted. "Well, they can fine-$5."
of Brewer and Company.
the
Bond At An End? His Honour: It seems to me, i
"DECREPIT OLD PERSON" IN COURT.
•
TOO OLD, AT FIFTY:
Inspector P, Grant proving three previous convictions against $1 Chinese woman charged this morn-
Mr. Lindseli imposed a fine of $10. || observing that the defendant would: And herself in more serious trouble
The TOXU unlicensed hawker brought before the Bench waa A youth of fifteen whe pleaded that he had no food.
is wanting has been actually, des The women and children were stories, the Supplement con-- troyed. The maker of a premistaken off first, but many other pas tains the Christmas announce for the business under the nameling with hawking without a licence, sory note cannot be liable in rejsengers were thrown into the watments of many leading local spect of each of two parties at the same time. In this case, said The Ellerman liner "Colerhdo“ firms. The Supplement will be with subscribers' His Honour, evidence which left was the first ship on the scene delivered no room for reasonable doubt had add in the work of rescue and copies, but readers who buy been proferred to the Bank and most of the foreign passengers their "China Mail" on the street to the Court that the other por secured clothing on this vessel are advised to..make a point of tions of the note in question Afterwards & pilot vessel took off asking the street seller for the were now no longer in existence moet of the passengern, bringing Supplement if it is not proffered, In other words, the 5 years
ed with the paper. There is The Bank was therefore liable to them to Shanghai pay
It is confirmed that all the forno extra charge for the Supple- Mr. Wood referred to the argueign officers and passengers were, ment. ment put forward on behalf offsaved, Bat out of 150 Chinese pas the Bank that if they paid out on sengers it is feared 40 are missing. this note they would remain liable The "Lienshing" was the
at
1 -
1)
Mr. Lindsell: Have you any reli- tives 7-An aged mother.
His Worship: Is she here?-No.
if the partnership is dissolved if brought before the Court again. that he is doing so not by reason of an agreement but by reason of having his rent accept agreement has ended long ago.
Mr. Lo said that he was not! prepared to argue that point..
His Honour said that he quite She is too old to come here. She understood Mr. Le's reluctance. is over fifty.
His Worship: That's not very old. He naturally wanted to preserve,
Insp. Grant proved no less than to pay the Government tax on liner of the China Const being buik as disclosed by the plaintiff was the lease for his clients. It was, the note's value and have to re- and launched at Hongkong in 1924. purely one in equity for the pro- however, a point which would six previous convictions against the
have to be considered when Mr. itain the specie reserve against the
Amherst Rocks are unlighted, and tection of the court.
His Worship: Oh, a fine note. I am not greatly impress-very strong currents
It in the His Honour: The claim is for Brewer addressed the court. run led by this argument." stated His vinnity-Reuter.
a sum of money,
seemed the position was that Pearrently does you no good. Honour. "It seems to me that
Mr. Lo: But not for himself. Brewer and Co. were the tenants will see what a whipping will do, He says he is entitled to the pro-and that the bond was at an end. eight strokes.
An elderly woman was then lead and cashed no other conclusion, Engaged in the Indo-China, Co.'s "tection of the Court as surely, the lease was determined the can be drawn except that the Northern trade, the "Lienshing" left under a bond which he is liable bond was at an end. It was cer-forward and charged with a similar Defendant pleaded that issue of the bank notes and also Shanghai for Chefoo and Tiontain
under..
tainly a point which, if subetan-offence. the circulation of the bank notes on Dec 2, with general cargo and
tiated, was fatal to Mr. Brewer, pho was nearly blind. is reduced by the value of this was en her way back to Shanghai,
Mr. Brewer submitted that the "You lock rather a decrepit old note. This reduction relievesj
His Honour held against Mr. point need not be raised, there person. I will not punish you this the Bank of this obligation impos-launched at Hunghom. by Mr. holding that a trustee might sue after the dissolution of partner- money for buil you had bet ar to a On March 26, 1924, this boat was Lo on the question of jurisdiction, had been default both before and time, but as you appear to have
IN MADAME FLINT'S
if this document is surrendered
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ed on it by the Ordinance."
The Law Merchant."
in Summary jurisdiction even if ahip. Apart from this, view of the
the money did not belong to hint.
His Honour remarked that this law and its consequences," Mr.
the Indo-The fact that plaintiff "had no was not on record. Wood stated that the custom of China fleet, her dimensions, &c. permanent right to use of the
Mr. Lo's Submission. money for himself did not alter Mr. Lo then proceeded with his case, remarking that he would 13% knots; length, 300 feet; Mr. Lo said that his second submit that plaintiff had no claim length between perpendiculars, point was that the plaintiff could whether or not the bond was
the Law Merchant is also clear; that a Bank will pay on either proof of the destruction of 'its note or the surrender of the sur- viving portions of a note which has been partially destroyed on the tender by the holder of such indemnity against loss as the Bank could not reasonably refuse. Mr. Wood, in his original judg- ment, went on to refer to the
(Continued on page 6.).
jare:-
Deadweight 2,725 tons: speed this.
Well-known Captain.
а were
"
youth..
זי
p-
We
sharp and provide yourself with a licence, commented the Magistrate in cautioning the defendant.
WEATHER FORECAST.
over
285 feet; moulded breadth 44 not succeed because he could not existing.. He submitted that Til noon to-morrow the official feet; moulded depth 24 feet: bring himself within either, the plaintiff had no right to his claim weather forecast for all local die- passenger accommodation (1st common law or the law of equity because his right was absolutely triets is: N.E. winds, fresh to mo class) 28. In two-berth rooms and in making a claim for $1,000 governed by the agreement which derate; Ane. At 11.30 am. to-day
Plaintiff had been a partner in he signed at the dissolution of the the Observatory reported -- 2nd class) 56.
the defendant firm and if he partnership.
Pressure has decreased moderate- partner
he to-day Mr. Lo further claimed that ly from E. China. to S.W. Japan The machinery, equipment and would have an unquestionable where there was express indem-and slightly over central China and appointments were most up-to-date right to bring the claim. As a nity, plaintiff could not as surety from the Loochoos to Tongking. Captain Simpson is believed to retiring partner, Mr. Brower was rely on implied indemnity. He It has increased moderately over have been in command, his name surety for all the debts of the had a proper right of indemnity central Japan and allgbtly being down in the register as partnership. If he had not sign but could not come to court until N.E. Japan, RUBBER PRICES.
mastor, He has been in the com-ed a bond he would still be so he had paid under the bond. Meteorological, observations at pany's service for a good many liable: He stood in the position! Hi Honour sail that plaintifa.m, to-day: barometer 29.96; tem- Mesara. Carroli Bros, have made years. The "Chipshing and of a surety in that if he was must, if at all, claim as a trustee.perature 68; humidity 85; wind the following sales to the Straitu:-"Choongshing"-both well known called on to pay debts he had Mr. Lo held that at the time of E.SE; force 8; weather overcaat.
Ablenbys..
$2.85 in Hong Kong--were previously right to an indemnity" against the entering into the bond, the plain- Ayer Panas
12.85 communded by Captain Simpson, continuing partners/
tiff was a partner. If he ceased Ho Jimahs koht...) 2.15*
has had
much.
In reply to His Honour, Mr. to be a partner he would be a exper Dividends---Pajam-20 per cent. fence on other lines engaged in Lo said that the partnership of surety. making 50 per cent. for the year, by the Indo-China feet and Brewer and Company had been The case was adjourned unti}} Merbau tins-Zid Interim of 6 per consequently well known on the dissolved, Mr. Pasco was the 3.15 to-day when Mr. Brewer will The closing rate of the dollar cont.."
icoast.
sole tenant and he was carrying address the court.
en demand, to-day was 1/113/16.
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