1926-10-21 — Page 2

Page

DCL

MINERY

Pets Company EDINBURGH

CLEAVERY

“D.C.L.”

MALT EXTRAGE

WITH

COD LIVER, OIL-

Is made fes a tie Sam asiental. Barles and malted with the grastaat care on the Company's own pronisas by the most scientific methods of maanfaatars

THE HONGKONG DAILY PRESS THURSDAY, OCTOBER -21sr, 1925

THE DISTILLERS COMPANY, LTD.

EDINBURGH.

PRICE PEA 1 B. JAB... LE. JAL...

$1.00

1.80

AGENTS

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DISCOUNT OCTOBER

ONLY.

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LAUNDRY. LAST FEW

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The Steam Laundry Co.

HEAD OFFICE & WORKS: Mongkok, Tel. K. 32. -HONGKONG DEPOT: 16, Stanley St., Tel. C. 1279,

KOWLOON HOTEL DEPOT.-- PEAK HOTEL DEPOT.

SOUTH

KOWLOON DEPOT: 19, Canton Road, HONGKONG HOTEL (Visitors only).

MANCHURIA

SUMMER HOLIDAY

BESORTS

RAILWAY

IN

SOUTH MANCHURIA

HOSHIGAURA.-Finest Seaside Samimer Holiday Bosort in North China; Five miles from Dairen, bat connected with the city by special motor and carriage read and electric tramway. Yamato Hotel (35 rooms) and is furnished, bangalows in abarming alif garden. Bathing, Boating, Fishing, Golf, Tennis, Billiards, Orchestra twice a week. Uspital place for children. OGONDAY-Most beatiful and select Bearde Besort in the Far Zurt. Two malice from Port Formerly the Summer Resort of the high Russian officers and officials. Yamato Hotel and 30 villas and bungalows, mostly with detached servant quarters. Excellent Bathing, Wonderful Scenery, Historie Battletaldy Bained and Dismantled Forts, Miles of sharming

Walks and Drives. Abandant Pionizing Facilities. Orchestra felos a wack. Best place for high-aines families. PORT ARTHUR.-Famous for its two memorable Sieges and its bssadful landlooked Yamato Hotel Harbour. Exactly one hours joumey from Dairen by express train. (16 rooms) Bufficient place of historical and scenic Internet to fill a month with fresh walk or drive every day. Most healthy sad salubrious spot in the Far East.

"

All wader the direct management of the SOUTH MANCHURIA RAILWAY CO. Illustrated Bookists and all Information post free on raqibat,

W!

Applications may be sent to the Hotel. Managers at the various resorts or to

THE SUPERINTENDENT OF HOTELE. Tale Department Cable Add. Mantaret or SROD. BOUTH MANOHUBIA RAILWAY. -Dairen Ondas: ABC, 5th & 5th Ed., AL. Lieber's and Bentley's

4552

Both in glaze pota

Chemists and Stores

Beauty neglected is beauty lost!

Hazeline

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"Hazeline Rose Frost"

STrade Mark

Gives a natural colour to pale cheeks

BURROUGHS WELLCOME & CO. (THE WELLCOME. FOUNDATgH LYDA London, Eva.)

·LONDON--AND SHANGHAI

AH Rights Reve

INDIAN LITIGANTS.

CONFUSION OF WORDS.

SALARY OR EXPENSES

ALLEGED PERJURY.,

SERIOUS CHARGE WITHDRAWN.

A MERCHANT'S ESTATE

a Chinese merchant appeared remand before Major C. Willson, at the Central Magistracy yesterday, charged with wilfully withholding from the Commissioner of Estate Duties parti. culars of certain property in that do claration of the estate of the late Chan Sik To. Mr. F. H. Loseby, of Messrs. Lee & Rass, applied for the withdrawal of the charge.

It was alleged, in the course of a Summary Court case yesterday, that son former employed suing for money alleged to be owing had purposely confused two Gujarati (Indian dialect) words in bis accounts in order that money he received as wages should appear as expenses...

The case was one in which Gulam Hussain Kikabhoy claimed $976.70 bal- ance for wages, board and lodging from H. X. Hajee Esmail, who counter-claim- Mr. H. K. Holmes, the Crown Soliciter, el for $364.48. (alleging that the first plain-supported the application. tiff had been overpaid by him to the extent of 831673, and that the balance of the counter-claim was the value of goods received by Kikabhoy and not accounted for.

The charge was that on December 17th, 1521, the defendant. Chan Chang Ming,||... did in a declaration before the Comntis- sioner wilfully state that apart from the property therein, sot out there was no other property in respect of which estate Mi. #E., J. Armstrong was for Kika-duty was payable on the death of Chan bboy, and Mr. L. D. Turner for Esmail.

Mr. Armstrong, in opening, said that the relationship between the parties started as far back as February, 1813, when Esnail entered into an agreement with Kikabboy to employ him as an assistant in his general merchants busi- nesa. The agreed salary was 200 rupees

a year.

+

The agreement was renewed yearly until 1015 when Esmail approached Kika. bhoy and asked him to continue in his service and marry his (Esmail's) adopted daughter. This Kikahhoy did and in December of that year, he signed an agreement hinding him to service with Esmail for 15 years at a salary of 200 rupees per annum, $20 a month expenses, board and lodging at Esmail's house and medical fees for his family:

Sik To, knowing there was other pro Eerty, to wit, the share of Chan Sik To of the face value of $10,000 in the Yik Cheong firm, of No. 18, Connaught Read Central.

The Explanation.

Addressing the Magistrate, Mr. Holmes said he thought that when His Worship bad heard his explanation he would agree to his application for the discharge

the defendant. *-**

The facts, he said, were that the do fendant and his elder brother were the executors under the will of their father, Chan Sik To, who, according to the books of the company, had an interest in the Yik Cheong Hong firm (A. Kwaf & Co.) to the extent of $10,000.

The accounts of the deceased filed with the Estate Duty Commissioner made no reference to the share of $10.000, This arrangement continued until May. Since the case was started he had, 1920, when in consequence of a disagree through Mr. Loseby, seen documents re- ment Esmail requested Kikabboy to leavelating to this particular investment which the rooms above the shop and find-a-showed that the money bad, in fact, been commodation elsewhere. Esmail further provided by one Ho Shi agreed to pay Kikabhoy 850 month Continuing, Mr. Holmes said that the pocket money, board and lodging, etc. | documents were of such a nature that and this was paid until the end of 1920 whilst it was by no means certain whe- Subsequently, with increases in Kika ther the $10,000 should have beer in- bhoy's family this amount was increased cluded in the accounts or not, it was until it was 8100 a month.

quite clear that the defendant could not be successfully charged with wilfully making a false declaration. Under those circumstances he asked for permission to withdraw the charge.

A Dismissal,

In March of this year Kikabhoy was summarily dismissed without notice by Esmail and his claim consisted of $100 board and logging for March, a similar amount for April, 8315 due to him on the books and salary at the rate of 200 rupees a year. from January 1st, 1919, to the end of April, 1996

amounta

No salary was ever credited to Kika- bhoy in the firm's books, continued Mr. Armstrong, but Kikabhoy was credited with two amounts amounting to $350 aa bonus. Kikabboy was authorised by Esmail from time to time to draw on account of salary and so far as could be ascertained he had urawn in respect of salary for 1822 the sum of 930, leaving a balance of 8368.56.

Asked if there would be any special defence, Mr. Turner said that the statute of limitations, he understood, would be. raised by the respective sides on the two issues.

After Kikabhoy had given evidence bearing out the opening, Mr. Turner ex- plained that it was impossible to get a certified translation of the account books for the time Kikabhoy was employed. The books were kept by Kikabhoy him self and he (Mr. Turner) alleged that there had been purposeful, confusion between two of the Indian words used, one of which meant expenses" and the other salary." Kikabboy had entered certain payments for salary made to him by Esmail as "expenses."

Mr. Eamail had drawn his attention to this in 1920 and from that "time onwards the correct word had been used.,

The two words were shown to Kika- bhoy and in reply to questions, he said that the word kharach meant ex- penses and "pagar" meant wages or salary.

11 Years Mistake." Kitabhoy's attention was drawn to several items in the accounts entered as pagar" and stated that what was mesut in each one was that he had ro- ceived certain expenses. It was pointed out to him that he said the word meant salary.

Witness replied that he had received no salary. He had meant the word to be understood as expenses. He had made a mistake.

Mr. Turner: And you continued making the mistake for eleven years?

Kikabhcy: I did not know I should be brought into litigation with him and

hould have to explain L

Mr. Turner: And I suppose you hoped that you never would have to explain it

Evidence was given by Email who said that far from owing Kikabboy anything he bad overpaid him as the accounts showed. Witness went into details with regard to the goods alleged to have been unaccounted for by. Kikabboy.

His Honour found for defendant. (Esmail) on the first writ. with costs and for plaintiff (Email) in the second, the amount to be decided in conjunction with Mr. Akbar (the Puinne Judge's Clerk);

RHINELAND AMNESTY.

|

For the Defence.

Mr. Laseby said that if the case had proceeded further, he would bave called evidence in support of Mr. Holmer's statement so far as they were in favour of the defendant.-

Tae facta were that the 810,000 wasta the knowledge of the defendant provid- ed by his cousin, Ho Shi, but the circum- stances were such that on point of law. a question might possibly arise whether legally the share in the concern belonged to, the deceased's estate or to He Shi, but the fact remained that the defendant bad very properly, in his opinion, exélud. ed from the estate duty accounts this particular item which he believed and xnew to be the property of Ho Shi.

After hearing the statements, his Wor- ship discharged the defendant.

HUSBAND AND WIFE.

ASSIST EACH OTHER IN THEFT.

Miss R. Elarte, of No. 5, Blue Build- ing, Wanchai, was the complainant in 稳 case heard by Mr. R. E. Lindsell yesterday, in which a Chinese amak employed in the house was charged with the theft of a gold watch and band.

The husband of the defendant and a marine hawker were also involved in the

case.

In evidence complainant said that she left the watch on a table in the kitchen while she went to the bath-room and forgot about it until the next morning when the article was not there.

The amah was suspected, and on being ques tioned in the presence of a police officer who was called to the house, she ad mitted taking the article and handing it to her husband, who in turn took it to a marine hawker.

The marine hawker in a statement said that he was afraid to take the watch as it appeared to be an expensive article which he suspected to have been stolen, but in spite of his refusal to purchase it the second defendant left the article on a table and went away. The police followed later.

The defendant woman together with her husband were each sentenced to four weeks' hard labour, The-marine hawker was fined $100 or six weeks' hard labour."

TECHNICAL INSTITUTE. PRIVILEGE FOR RED CROSS MEN.

H.E the Governor has been pleased to approve that, in recognition of the ser vices of the St. John Ambulance Brigade, Hongkong Corps, efficient members may attend classes. at the Technical Institute on payment of half-fẹo (i.e., 85 per term of 4 months, instead of 810), and that fees thus paid will be refunded to those who pass the examination held at the end of the session.

A list of classes is given blow; other classes may be formed if there is any demand..

BERLIN, September 21st. The new Rhineland amnesty agreement between the German Government and the Rhineland High Commission has now y come into operation.

Classes.

GREEN ISLAND CEMENT CO., LTD.

Best Portland Cement.

SHEWAN, TOMES & CO.

GENERAL MANAGERS,

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Examine the Package carefully before buying. If it is not marked "HEMOSTYL SPECIALLY PREPARED FOR TROPICAL COUNTRIES" in Red on a White Label and in English, it is not guaranteed Genuine Fresh stock as imported by the Sole Agents.

COMPAGNIE OPIORG, Prince's Building.

Oa sale at all the leading Stores and Dispensaries.

[A.P.B.]

THE SOUTH CHINA KNITTING FACTORY

A Modern Factory fitted with the most up-to-date machinery in Hongkong

Throughout S. America, Australia and Africa, as

well as in North China and India, the

MERCERISED AND COTTON SOCKS

which are made in this Factory, are in the highest favour amongst all Import" "Firms who appreciate that

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OFFICE AND FACTORY: MOYGKOK, KOWLOOK CABLE ANDEL8s: BotoxxIT, HONGKONG,

GERMAN TRADE. RETURNS.

EXCESS OF IMPORTS.

BizALI, September 21st. The German trade returns for August again, show in excess of imports over exports, although, as was to be expected, a smaller one, as the July trade was clearly influenced by the rush to get food stuffs into the country before the new duties came into force on August 1st. The turnover was smaller than in July.

TELEPHONE KOWLOOM 598,

exports was, therefore, 86,800,000 marks £4,290,000], compared with 120,798,000 marks (£6,039,900] in July. In June, the First month ance last December in which imports exceeded exports, the excess amounted to 33,000,000 marks [£1,650,000].. The import of foodstuffs decreased, compared with July, by 20,000,000 marks. [21,000,000], and that of raw materials and half-futished articles increased by 3,700,000 marks (435,000). The import of finished goods remained almost un- changed.

Once again there was an increase in

Flo! In Hongkong-Building Construc- The German Commissioner for the tion, Electrical Engineering, Mathema occupied territories announces that the tics, Practical and Theoretical Chemistry, French occupation authorities have rez Physics, English I English IL; Short leased 24 persons who were imprisoned hand (Beginners and Advanced), Book The value of imports in August, exclud- in occupied territory, and in some 70 keeping, Translation (Chinese and Eng-ing gold and silver, was 919,700,000. marks the export of raw materiala and half- cases have ordered judicial proceedings lish), Teachers' Classes (open to non-[4,835,000), compared with 942,077,000 finished goods, amounting this time to to be dropped or sentences not to be teachers), Hygiene.

A marks (247,103,200] in July. The value of 20,000,000 marks, for which the coal trade, carried out About 30 persons serving In Kowloon Mathematics, Practical erports in August was 833,100,000 marks assisted by the British stoppage, was sentences for offences against the common and Theoretical Chemistry, Physics [241,000,000), compared with 621,213,000 almost entirely responsible. There was a law are being banded over to the German Cookery, French, Shorthand (Beginners marka £41,063,950 in July. The excess decrease of 10,000,000 marks (£500,000] in Authorities —The Times,

and Advanced).

in the value of imports over that of the export of finished goods The Time