1921-03-16 — Page 5

Page

.

WEDNESDAY. MARCH 6, 1921.

CADIA ADVILINES "MKAGURY" HOMEKONG,

DOORS W

CELEFRONES

BOOM

134

MERCURY MOTOR CAR ORVAL OFFICE

MIR MUCH * # Leo Kaste, I

WHY POINT BRANCH LIGA

FORE SHOP

·00.

WEBERA UNIN

HOTLEY

59-61 Des Voeux Road Central,

HONGKONG.

F. L. Tors KALAVER

CLAIM AGAINST SHIP.

ALLEGED WRONGFUL

DISSMISSAL

INTERESTING LEGAL ARGUMENT.

Interesting legal argument was beard in the Supreme Court this morning when the hearing was con- mauert before the acting Chief Justice, Mr. H. H. J. Gompertz, of the case in which Chan Ah Fook, a boatswain, and twelve other members of the crew of the British steamer "SequoyaTM sued the Standard Transportation Company of Hongkong, a subsidiary company of the Standard Oil Con- pany of New York.

BONE

exercise against the crew any right

THE CHINA MAIL.

could it, possibly be an agreement when not a single name of any mein- ber of the crew"appears in it?

His Honour: You have still to deal with Mr Alabaster's argument that the words "to and fro affect the limits of the voyage-

A legal argument then exseed in the course of which Mr Alabaster characterised the defence on this point is monstrous, and His Hon our suggested that were the claim of the defence correct that the contract implied by the words "to and fro” had been met by the trip to Colombo, Calcutta, Rangoon, and Singapore. would not the words have been

from New York to the Oriedt there (not thence) to and fro.”

they would not be entitled to exercise VICTORIA BRITISH SCHOOL. against us. The question of dis charge in Hongkong does not really come into this.

His Honour: The original crew who left the ship in New York appear to have been treated as deserters.

PRETTY FANCY DRESS DANCE.

Mr Pollock: That was because they were engaged to come back to FAREWELL SOCIAL TO MRS. E. FLOYD. Hongkong.

Mr Pollock made reference to the articles but His Honour said that if Counsel was not calling evidence he must leave the articles out of the argument.

Mr Pollock: We are calling evidence.

His Honour: Well, I want your construction of the letter.

1)

TO-DAY'S NEW ADVERTISEMENTS.

NOTICE

TOTICE IS HEREBY GIVEN that NOTIC

the Power of Attorney_givab to MR BOYC BURDIN, THOMAS W.SIMMONS & COMPANY, "has THIS DAY been revoked.

THOMAS W. SIMMONS & CO.

By THOMAS W. SIиoss, Presidant.

Hongkong, March 15, 1921,

PUBLIC AUCTIONS,

THE Endersigned have received in- structions to sell by Public Auction (FOR ACCOUNT OF THE CONCERNED),

TUESDAY,

March 22, 1991, commencing at 2:30 p.m. at their Bales Rooms, No. 8 Des Voeux Road, Corner of

In House Street, . Ar ÁsportIcEST OF

Household Linens, &o,

A few lots of Bellow Valises and

Suit Cases.

And

Comprising ---- Pillow Cases, Fine quality Blankets, A very successful fancy dress) White Satin Quilts, Bed Valances, dance arranged by the pupus and Damsak Table Cloths, Turkish Towels, teachers of the Victoria British Bath Towels, Bark Sheets, Double Bed School in honour of Mrs, E. Floyd, Sheets, Drawwork Bedspreads, Table one of the teaching staff who shortly Covers, Crochet and Drawnwork Doilies, leaves the Colony, was held at the Lines Damask Serviettes, Taikŝo Club Hall yesterday evening. There was

a large gathering af children and their parents present, Mr. Pollock continued that the and a very enjoyable evening was The plaintiffs were represented by plaintiffs were not relying on the spent. Nearly forty children appear Mr. C. G. Alabaster, instructed by letter at all but something not in the Mr. W. B. Hind. of Messrs. G. 5-letter. They were asking the Court Fall Brutton & Co. and the defend to say that they were entitled to ants by Mr. H. E. Pollock, KC. and employment for the full period of They had to show Mr. F. C. Jenkin, instructed by Mr. 18 months. C. D. Wilkinson, of Messrs. Wilkinson that it was a breach of the letter

and Grist.

"

Three Pairs Binoculars, &c. (Full Partieniars from Catalogue).

HUGHES & HOUGH, Auctioners.

ed in very attractive costumes, and Terms: Cash, the dances, which were prettily done. presented

very picturesque spectacle. Many of the grown-ups joined in the dances later in the evening. Mrs. Brawn and Mrs. to discharge them in Hongkong Clark contributed songs.

The plaintiffs' case having been 6 months after the time of shipment A list of names and the costumes closed, Mr Pollock submitted, that it in New York. The onus was on the was not necessary for the defendants! plaintiffs not on the defence. Plain-worn by those who took part! to put in any evidence because it tiffs had failed to prove that they was clear that the defendants had no were entitled to employment for the

case to answer.

His Honour: Are you going to call no evidence in any event?

Mr Pollock: Oh, no! We are not waiving any rights at all. We are going to submit that there is no case to answer.

His Honour trusted that Mr Pol- lock would be brief,

follows:

Girls-Betty Nicol, A Cracker;}" full period of 18 months. Therefore Mamie Wallace, Pierrette; Cathie answer. Ferguson, Japanese Girl; Nan Fergu there was no case to The defence had paid into Court son, Chinese Lady: Nettie Thorbum, the plaintiffs' wages in full at the New York rates. Therefore The defence had done all that was neces- sary. The plaintiffs had not proved their right to employment for the full period of 18 moaths and had not

Hongkong, March 16, 1921.

{OR ACCOUNT OF ZER CONCERNES),

TUESDAY,

March 28, 1921, commencing st 1.30 p.m., st their Sales Booms, No. 8, Des Vox Road, Corner o! Ice House Street, TRASWOOD AND BLACKWOOD FURNI

House to Let; Irene Passmore, Red Cross Nurse: Silvia Bowers, A Mid-R, shipman; Sadie Thorburn, A Black Cat; Louise Wilson, A Japanese Gil; Mariel Fowler, Old Mother Hub- bard; Bessie McCubbin, A Red Cross Nurse; Cissy Polley, A Pack of Cards;

PUBLIC AUCTION.

THE Undersigned have received in- structions to sell by Public Anction

MONDAY, March 31, 1991,

Dommencing så 11. MÜHL, A

21 their Salas. Rooms, Daddell Street. à Quautity of

Tes and an Assortment of

Provisions.

(More or less slightly damaged by water). Terms: Cash on delivery.

LAMMERT BROS., Auctioneers.

Hongkong, March 16, 1931.

PUBLIC AUCTION

A

PLHES Chidersfqsad have received instruc- tions to sell by Public Auction, (Far Account of the Concerned)

ONE *-* THURSDAY,

March 24, 1921, at 230 p.m at their Sales Rooms, No. 8, Des Your Road, Oorner of

Ice House Street, Steel Motor Cargo Lighter.[

at present stored in Messrs. KWONG LEE'S Fard, Youmati.

Built 1917. Length 0. A. Length B P. Breadth Mid. Depth Mid.

Motor

D. W.

700* G6' 8"

15"0"

€ 6"

-50 RH.P. .70 tons.

Complete with Anchors, Navigating. Lights, Dinghy and all accessories

Inspecting Orders may be had from the undersigned.

•

Cash

HUGHES & FOUGH

Auctioneers.

Hongkong, March 18, 1921.

بيني

BRASS AND TEAKWOOD TWISE Gaderrigned have received in-

BEDSTEADS, CARPETS,

&

&c, ke

* comprising?— Mirror back Sideboard, Dining Table,

stractions to sell at their Sales Roans. No. 8. Des Voar Road, Corner of Ice House Street

Mr Pollock said that a week could even attempted to show that it was dith Glendinping. China Mail; Chairs, &c., (Lane Crawford make), Burroughs & Sons, with all accessories,

be taken if necessary but as a matter wrongful to discharge.. them

case.

in

a

One full size BILLIARD TABLE by

(good as new). Lilian Nicol. Cupid: Annie Fowler, Cherfield Botas Arm-chain Full particulars from the undersigned. Little Red Riding Hood; Madge Lyle, Card and Occasional Tabes. Chief="

Terms: Cash. A Fairy: Betty Edwards, Hongkongpolstered Saita, Bedroom Furniture Girl; Yvonne Langley, Dutch Girl; comprising Testwood Twin Bistende, Alma Martin, Forget-me-not: Gwendo-

and Large

TAB.17

Wardrobes,

HUGHES & HOTCH, Aneblommer.

Hongkong, March 16, 1921.

Whiteaway, Laidlaw

of fact he would take only a short | Hongkong. time. The plaintiffs relied upon the Mr. Alabaster said that he would Jetter of September 4, 1919 as con- say nothing about the articles at this stituting a real and effective agree-stage because they did not arise on ment between them and the defend-j the point. Under the agreement ants. That letter formed the the voyage was hom New York to line Sara, A Fairy: Violet Bateman. Dressing Tables, and Chaies, Wash- Commer stone of the plaintifs the Orient thence to and fro for A Violet: Lily Bateman, Spring: Etands, &c. (fumed Teskwood), Side-

Three plaintiffs in their period not exceeding 18 months Button, Daffodil

Soards, Dinner Wagons, Extension Dia- evidence the previous day said that at certain rates of vages. Boys James Edwards, A Pierroting Tahlar Chitra & Dinner Messrs it was not a part of their case that What the defence had done was Keith Boulton, A. Prehistoric Manestees, Crockery, and Glass War and Co., Ltd, commence a sale of they cared at what place they were to. bring the plaintiffs from Billy Eldridge, A Dutch Boy; Lyall discharged, and that the only com New York to the Orient." They had Glendinning A Tram Conductor: plaint they had against the defendants' not completed the agreement by Arthur Floyd, A Clown; George Hill. was that they were engaged for the taking them thence to and fro” in A Sailor: George Tacchi, A Red full period of 18 months at the wages accordance with the declared inten- Indian; George Fowler, A Clown mentioned in the agreement. The tion of the agreement. The agree- Bernard Bickford. A Sailor; Jack, defence claimed that the plaintiff's ment did not state where the Wilson, South China Morning Post were on the hors of a dilemma. If plaintiffs could be discharged but it John McCubbin, Buy Blue; Fred the plaintiffs case was based on the did

that after state

reaching Fowler, Clown; Sidney Fowler, Little construction of the letter the defence had nothing to answer because it was absolutely clear that the words used months.

the Orient they should go to and Boy Blue; Alec McCubbin, Humpty fro for a period not exceeding 18] Dumpty; David Ritchie, Pierrot.

in that letter defeated the complaint. Mr Pollock: Mr Alabaster bas The words of the letter were: Inot quoted any authorities on the hereby agree to engage.".. for words "to and fro."

period.net exceeding 15

His Honour: Mr Alabaster's argu- months." Counsel submitted that ment perfectly legítimatë.

from small-pox, ose from diphtheria, Yesterday three Chinese died

the words "not exceeding 18 months" Mr Alabaster: The words "to and another from enteric fever, and one

could not mean for the full perice of fro" are words of extension and not fatal case of small-pox, Indian, was 18 months. After quoting authorities words of limitation, and in the

on the point Counsel contended that

it was not necessary for the defence to give any reason why some such words should be put in the letter and

natural and ordinary way would mean backwards and forwards be- tween the places mentioned.

Mr. Alabaster continued that the it was sufficient for the defence | defence had failed to carry out their to ask, His Honour to hold that agreement to carry the plaintiffs the words "not to exceed 18 months" anywhere beyond their first arrival could not possibly be construed to in Hongkong and therefore the plain- mean for the full period of 18 months, tiffs were entitled to wages right up His Honour: That of course is to the maximum time under the rather my difficulty.

agreement. Plaintiffs were also Mr. Pollock: think the indentical entitled to be taken back to New words are used in the articles. A York and were claiming passages maximum period. or in the alterna- because they were entitled to them tive an actual period.

under the words to and fro." Counsel therefore submitted that there was a case to answer...

His Honour There can be an actual time?

Mr. Pellock Oh yes.

His Honour: So far as I have

seen articles they usually contained a maximum period.

Mr. Pollock: I should say almost universally,

His Honour: I have not seen enough articles to say that.

from cerebro-spinal fever. One non- also reported.

مریم

TO-DAY'S ADVERTISEMENTA

STRUTHERS AND DIXON, INC. NOTICE TO CONSIGNEES.

S.S. "WEST JENA”””. From SAN FRANCISCO.

Mr. Pellock said that a very vital THE Steamship objection to the letter had just come

-WEST JENA "

to his knowledge. Reference to the taving arrived from San Francisco

Act would show that the agreement,

or rather letter, as they did not admit via ports on March 16th, 1921, Con-

that it was an agreement, did not

signees are hereby notified that their

come under the Act for the reason that cargo is being landed at their risk into

Jooking Stores, Catlery, A. Bath boots and shoes on Monday, con- *com Utensils. Electro-Fisted Fare,tinuing till Wednesday. In order to Electric Beading Lamps Taskwood make room for new stock all boots tide Tables, Chairs, Cabinets, Pictures, price. Screens, Sundry Hackwood Fizulture, and shoes are being cleared at half

Also "

Une Auto Piano with about 50 rolls in good condition. Fall Particulars from Catalogue); Terms --Cash.

HUGHES & HOUGH, Auctioneers. Hongkong, March 16, 1991.

Mr. R C. Witchell, Hon. Secretary of the V. R. C. states that entries for all races în the cruiser and sailing classes, in the Victoria Regät. tz advertised to take place on March 26, must be handed in to him at the Club rot later than the 19th inst.

OUR

SOUVENIR NUMBER

WILL BE PUBLISHED ON

MARCH 26.

SATURDAY,

IT WILL EE

GIVEN AWAY FREE

WITH QUE ISSUE OF THAT DATE.

ROYAL

HONGKONG YACHT

it failed to comply with some of the the hazardous and/or extra-hazardous arranged for the remaining Sailing events.

risk.

Mr. Pollock then dealt with most important provisions of the Godowns of the Hongkong and Kow- other grounds on which

the Act The letter merely gave a general loon Wharf & Godown Co, Ltd., plaintiffs based their case and schedule of the wages it was intended Kowloot, and stored at Consignees quoted an instance to sbow to pay the 'various ratings but no that a verbal agreement would not statement of the capacity in which. Contigrees of Cargo must produce hold unless entered in the articles, each man was to serve; as rean Import Permit signed by the making the point that nothing could quired by the Act. Nor did the Superintendent of Imports and Ex- be considered unless in the articles, letter give the name of each ports, Hongkong, before Bills of Clearly the plaintiffs, as plaintiffs, bad man or the scale of provisions. Lading will be countersigned. to prove that the contract employed How can we sue anybody ón this | All broken, chaled and damaged them for a full period of 18 months letter which is not signed by one of cargo is to. be left in the Godowns and that they could not be discharg- the 22 men?" asked Counsel. "If where it will be examined at 10 am. ed before that full period had expired. ¦ it cannot bind any particular in- on 22nd March 1921, by the Company's The duration of the voyage must dividual it cannot bind the owners. surveyors, Messrs. Carmichael & be specified in any agreement beTherefore it is not an agreement.. It] Clarke, tween the master and the men. is a mere invitation, a prospectus All claims must be presented within The duration given in this letter was stating the wages the defendants ten days of the steamer's arrival for a period not exceeding 18 were prepared to give. It here, after which they cannot be months.

could not possibly be called an agree recognised. No claims will be ment between the ship and the men recognised after the goods have left His Honour : "If you can get me the Godowns and cargo undelivered

His Honour: Have you been able to discover any other authority on these words?

Mr Pollock referred His Honour to

a case in which a man employed under an agreement containing the worda "not exceeding a year'

Was discharged within 3 months.

His Honour :: My difficulty is that do not know whether you claim that this power of... discharge - is] zmutual.

22 men I shall pay them at these on and after 23rd March, 1921, rates," ..

will be subject to rent,ut

او

Mr. Alabaster: There is one point that seems to have been forgotten. In the admission of facts it was admitted that we were the persons referred to to the lever.

Mr. PollockWe admitted the plaintiffs were the persons referred Mr. Pollock: It is absolutely to in the letter but we never admitted vmutual, We are not claiming to the letter was an agreement.: How

Consignees are requested to send

in their Bills of Lading for counter- signature immediately.

STRUTHERS & DIXON, INC.

Agents for Div. of Opt. U. 8. Shipping Board Emergency

Fleet Corpn.

Hongkong, March 16, 1931.

CLUB.

EMBERS are hereby notified that the following dates have been

SATURDAY, March 19th Commodore's and Vice-Commodore's Cups for

Racing Yachts.

SUNDAY, March 20th. Fifth and last Championship Event for Cruisers. SATURDAY, March 26th. Races for Racing Yachts and Cruisers under

the auspices of the V.R.C.

SUNDAY, March 27th.. Raca for presented Caps for Racing Yachta, MONDAY, March 28th. Races for Racing Yachts and Cruisers under

auspices of V.B.C.

SATURDAY, April 9th.- Esces for Eosts placed not higher than 3nd"

in the Championships for Bacing Yachts for # Also Bản” Cups presented by the Commodore and Capt. Arthur.

SUNDAY, April 10th. Commodore's and Vics-Commodore's Cupa for

Cruisers,

W.

SUNDAY, April 17th. Race for "Presented Cupe” for Cruisera. The following handicape are fixed for the Commodore's & Vice-Commodore's Cape Race.

EL CAP & ONE DESIGNS.

E-HEYS & GAELS.

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