Announcing
the First
DINNER DANCE
of the Season,
Saturday, November 3rd.
SPECIAL LICENCE TILL 1 A.M.
LANE, CRAWFORD, LTD.
HOT WATER
ALWAYS
AVAILABLE
OR NIGHT
NOON
MORNING
IF
YOU USE
A
GAS GEYSER
Hongkong & China Gas Co., Ltd.
For your floor-furniture-and
every domestic article requiring
a stuined and varnished finish
"Wilheycla❞
Oil Varnish Stains
IN
Oaks-Walnut
Mahogany Satinwood Rosewood-Ebony Black
Can be applied by anyone. Always reliable, never sticky. Non-polsonous and Durable.
AGENTS:--
S. C. LAY & CO.
Alexandra Building.
Telophone C. 763,
..
Wilkinson, Heywood & Clark
SHANGHAL
HONGKONG,
THE HONGKONG TELEGRAPH,
SHINYO WORK.
COUNTERCLAIM SUCCEEDS
1
ON ONE POINT..
SATURDAY,
OCTOBER 27, 1928.
EIGHT RESIDENTS INVESTED,
(Continued from Paga 2.)
The claim and counterclaira
and energy to the work of the arising out of the dispute between Young Men's Christian Associa- two sub-contractors with regard tien canteens than any other volun- to work done on board the 8.5.tary worker. On you devolved the Shinyo Maru was finally eottled in task of organizing the entire res- the Summary Court yesterday af- taurant side of the Young Men's ternoon, when Mr. Justice Jacks Christian Association canteen in gave judgment on both claim and Hongkong, including the personnel, counterclaim for the plaintiff and the equipment and the food. The defendant respectively, the form extreme popularity of this canteen er for $263, bring the full amount was largely due to the excellence claimed, and the latter for $139.70 of the food and drink provided and only, out of a total claim of $349. for this His Majesty's Forces were 70.
indebted to your initiative and organizing ability. Your tireloss energy was an inspiration to all helpers.
Kwak Yec, 91 Wuhu Street, Hunghom, claimed against Li Ming, 13 Whitfeld Road, Causeway Buy, for the sum of $263, being the balance due for work done on
"I hav much picasure in congra tulating you on the honour cou
the ship. Li Ming counterclaim-ferred upon you, and in investing ed for $349.70 for unsatisfactory and uncompleted work...
It was alleged by LA Ming that the plaintiff failed to scrape and paint, tank tops and bilges as per contract, that his men burnt wires
you with the Insignia of a Member of the Most Excellent Order of the British Empire.
Imperial Service Order. After Mrs. Wolfe had taken up
In scraping and burning paint off her position on the dals Cantalo "" deck houses, and that he (de-Johnson, A.D.C., advanced with Mr. fendant) had paid a sum of $40.30 Reed, supported on his right by to the plaintiff in addition to Lieut. C. H. Atkins, M.B.E., and on other payments. These allegais left by Mr. H. Dixon, I.S.0. tions were denied by the plaintiff, The warrant was then read by who also contended that the tank the Chief Justice. tops and bilges work was not in- He ad- eluded in the contract. mitted the total contract price to be $768..
The defendant iucluded in his counterclaim monéy deducted by the principal contractor, Tok Kee, these being $170 for tank tops and bilges. $139.40 for new electric wires, and $40.30 as payment.
Hi Lordship found that the work of scraping and painting the tank tops and bilges was not in- cluded in the contract and that aleo, in the absence of a receipt, he cofild not believe that the sum of $40.30 was paid to the plaintiff, He decided, however, that the plaintiff's workmen were respon ailile for the burnt wires, and allowed the counterclaims to suc- ceed on this point.
Disputed Point.
Forty Years Service.
Mr. Reed was then invested being addressed by the Officer Ad- ministering the Government as follows:
Mr. Reed,-For over forty years. you have served in the clerical branch of the Civil Service of this Colony, in the course of which you have risen to the very responsible position of Accountant of the General Post Ofee, and have be comic one of the mainstays of that important Institution. In recog nition of your long, faithful and efficient service His Majesty the King has appointed you to bo a Companion of the Imperial Service Order, and it gives me much plea- aure to invest you with the budge of the Order. 1 congratulate you heartily on thin well-earned honour. The Procession.
' יד
When the case avas resumed Mr.
After Mr. Reed had taken up his Areull called a witness who gave position on the dais the band play- evidence with regard to the bured the National Anthem in Tull, ing of the wires and the installa the following procession then ad- tion of a new sel.
Mr. Arculli then made his clos-vancing to the centre of the ball- room and dispersing: Captain hig address for the defence. In Perfect and Major Dowbiggin, doing so he pointed out that there Captain Johnson, Mr. Wright and was no dispute about the contract Paymaster Commander Rogers, Sir price or that the paint was sup- Henry Gollan, H. E. the Officer Ad- plied.
The disputed point was ministering the Government and whether the contract included the Major General Luard, Mr. R. scraping and painting of the tank Sutherland and Mr. Holmes, Miss tops and bilges. The defendant Mackay and Dr. Tas, Mra. Alaban contended that such work was inter and Mrs. Remington, Mr. Reed cluded while this was denied by and Mrs. Wolfe, Hon. Mr. Hallifax and Commodore Pearson, Mr. W. the plaintiff.
W. Hornell and Colonel, Bostock, Colonel Stewart and Colonel Skin. ner, the Hon. Sir Shou-son Chow and the Bon. Dr. Kotewall, Mr. 1. P. J. Wodehouse and Mr. Jen-
Mr. Areulli referred his Lord ship to the tender where the bun- ker work was mentioned with no special exception of the door, which included the tank tops and bilgea. If he (Mr. Arcullf) conkin, Sir Robert Ho Tung and the tracted to paint a house he would Hon. Mr. Creasy, Mr. George Dun- not leave the ground floors un-
can and the Hon. Mr. Mel. Messer, painted and in like manner the dis- Colonel Robertson and Mr. Ho puted painting should have been Kom-tong, Captain Doyle and the Alabaster, Mr. done with the bunkers. The lack Hon. Mr. C, G. of special exception in the tender Cock and the Hon. Mr. E. D. C. alone made the plaintiff respon-Wolfe, Mr. Dixon and Lieut. At- sible for that work,
kina, Captain Whyte,
A musical programme followed.
tops and bilges forming part of the contract, Mr. Owen spoke with regard to the counterclaims,
His Lordship should also bear in mind, continued Mr. Arculli, that the tank tops and bilges were very important as they had more work to do. They collected more dirt and also carried dirty water, It was very essential that they
He continued he thought it was should be scraped and painted otherwise the metal would de-significant that in the account submitted by Tok Kee the tank. teriorate.
The defendant had said in evi-tops and bilges were not specifical- dence that he expressly told the ly mentioned as between Tok Ker plaintiff that the tank tops and and the defendant. "I don't know bilges would have to be done. His whether Tok Kee ever specified (defendant's) contract with the such work to the defendant." principal contractor, Tok Kee, in- That bore out that when the de- cluded that work. Was it likely, fendant handed on the particular asked Mr. Arculli, that the defen- part of the contract to the plain- Further- dant would not teil the plaintiff tiff, he did not mention that the so in sub-contracting the work. work should be done. The plaintiff had said in cross-more, the defendant was present examination that he knew the de- during the greater part of the fendant to be a sub-contractor for time that the work was being done. Tok Kee and had further admittedl that the work was to be done to the satisfaction of Tok Kee. That bore out the defendant's atary that he told the plaintiff about doing the disputed work.
Plaintiff's Alleged Admission, With regard to the burnt wires, Mr. Arculli continued, Tok Kee had said in évidence that the plaintiff admitted his men had burnt the wires and asked that the deduction made should not be too heavy. He had also admitted not completing the bunkers, ac cording to the witness.
No Direct Evidence,
Mr. Owen pointed out there was no direct evidence that any of the plaintiff's workanen burnt or damaged the wires in any way, Such a statement was surmise. It was supposed that because the plaintiff's men'used, and had to use, blow-lamps for burning off the paint, they also burnt the wires but no one was able to say that he actually saw the wires burnt. Further they had heard four workmen and a foreman who were actually engaged in that work, who had said that nothing of the sort happened.
Speaking with regard to the One of the plaintiff's own wit- nesses had said in evidence that payment of $40.30, Mr. Owen said the man worked by candlelight that the defendant claimed to have when scraping, burning and paint-paid that sum. to the plaintiff in ing the deck houses. The ronson addition to other payments which for that, Mr. Arculli submitted, were admitted. That payment was because they burnt the wires and could not therefore use elec- tric light.
Dealing with the payment of $40.30, Mr. Arcull pointed out that the plaintiff's account was written by another man; the plain tiff himself being unable to write, whereas the defendant wrote his own account. He suggested that the defendant was more likely to be right on that point,
was directly denied. On looking at the account submitted as to daily payments making up the total paid, there were a number of small items such as 80 cents, 50 cents and a dollar. Mr. Owen said he could not imagine anyone giving 50 cents on account of a $700 bill. He submitted that tak ing it altogether, with the denial that the payment was recolved, it was not very feasible that all the
After stating that the evidence suma mentioned were ever paid on in support of the claim was ex-account
tremely strong, and that the evi-
HONGKONG WOMEN'S GUILD
and
MINISTERING CHILDREN'S LEAGUE
O
will be held again
at
LEE GARDENS
(through the courtesy of the executors of the late Mr. LEE HYSAN) .00
Saturday, November 17th.
Candy and Coffee, Ice Cream and Toffee, Chuting the Chute, A Band (without flute), Toya and Balloons, Gypsies and Coona, Fairings in Plenty and All for You,
SORE THROAT THE ENEMY
MANE
EVANS
VANS PASTILLES area rura
Edició agaisu all winter illa aucie
Sore Throats, Cought and Colds. Their antiseptic vapours penetrate into the | @netiset cavities of the nose, throat anxi chest, killing all germs and quickly tooth. ing the infamed organs.
Mady in England to the female of the Liverpost Threas Hopital and sold by Chemists everywh
CLEANED
EVANS®
ANTILIFT THROAT
Pastilles
kkkk
DRESSES, SUITS, COATS and HATS
All Cleaned By
THE INTERNATIONAL DRY-CLEANING & DYEING CO.
19, Wyndham Street, Hongkong.
145, Wong Hei Chond Road,
Happy Valley.
36, Nathan Hood, Kavisen.
PHOTOGRAPHIC CHRISTMAS
CARDS.
OF HONGKONG AND CHINA
Just the thing to send home. MEE CHEUNG
Studio, Ice House St. His Lordship gave judgment as
dence said nothing about the tank stated above.
..Branch 7, Beaconsfield Arcade.
The
MORRISON
PIANO.
STANDS ALONE FOR PLEASURE PLAYING EDUCATING
AND
and will fulfil these re-
quirements because it is
built
poses.
for those pur- Guaranteed for
FEN YEARS.
CASH OR EASY PAYMENTS ARRANGED.
TSANG FOOK PIANDO CO., Telephone 0. 4648.
METALS
of all kinds especially for ship
• building and engineering work. Complete stock. Bort Terme, Immediate delivery».
SINGON & CO.,
ESTABLISHED 'A.D. 1080.
HING LUNG SL Phonegión "Cantra) 516,