1936-11-03 — Page 5

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LOCAL SOLICITOR,

SUED

CLAIM AGAINST MR. LOSEBY DISMISSED

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Help Kidneys

THE HONGKONG

CHARITY FUNDS

SUBSCRIPTIONS TO THE POPPY DAY APPEAL

TELEGRAPH.

TUESDAY,

NOVEMBER 3, 1936.

CANTON VISITORS the Governor and Lady Caldecott in the Drawing Room of Government House.

RECEPTION OF NOTED

OFFICIALS.

The following programme for the visit to Hongkong of the Chairman

Gov of the Kwangtung Pro ไป

crument (Me, Hunng Mu-sung) and

Provincial

en

Yang-tu) was supplied by Govern ment flouse last night, As the visit is informal, civil uniformy will not be prescribed for any of the functions.

Following is the programme:

12.30 m. Mr. T. L. Sonng, Com- missioner of Finance, Dr. Philip K.C. Foreign Tydu, Special Delegāle for Affairs, Colone! LI, Fon. Secretary to the Mayor, and Mr. Chang Yuen- man, Counsellor to the Churman, will proceed from the Hongkong

Hawkins, to Government House and the Governor and Lady Caldecott,

Hotel, conducted by Mr. L. C. K.

It frequently happens that an un- obtains employed ex-Service on work in another locality, but is laced Mr.:F. II. Loseby, Solicitor, and with the difficulty of transferring dus

familly belongings. Subject Aes. Russ and Company, were tentafactory evidence being supplied defendants in an unsuccessful claim for $737.50 brought by a former em- regarding the employment, and that the Mayor of Canton (Mr. Tsen will be greeted by Is Excellency ployee, Mr. Lo Kwok-min, before suitable accommodation exists. #t Atholl Matthe new place of residence, ausistance the Chief Justice, Sir

is granted towards the cost of re- Gregor, in the Summary Court moval: 702 cases were assisted under The calm was made up of $400, this scheme last year at a cost of alleged to be due on four monthly instalments under a certain agree- ment, $112.50 for salary from Janti- агу 1 le 15, 1930, and $225 for one month's salary in lieu of notice.

Mr. M. A. da Silva appeared for the plaintiff, and the defendants were represented by Mr. A, el Arculli.

yesterdiny.

After the timin adjournment, Mr. Silva asked His Lordship for permis sion to withdraw the claim for one month's salary in Heu of notice, which was granted.

£3,000.

The local Pappy Day Fund stands as follows: Previously acknowledget $2.307. 50. F. C. Hall

C. T. Beck

F. P. I. LEK

St. David's Society

20.

Licut-Col. H. H. L. Dowbinęły

K, St. Andrew's Society John Forbes

J. W. Alabaster

1 p.m. Luncheon party at Guy- erament House, The seating e- commodation in the Dining Room in limited to 30 and Invitations will Part 1. Wednesday, November 4

therefore be confined to those assist- .. The Manager adding in the organization of arrange 10.35 Chief Engineer (Major R. D. Walker, ments for the Visit and to prominent M.C.) will board the Flying Eagle persons unable to attend the evening [} be Express at Shum Chun Station and banquet. Morning dress

Chinese. escort the visitors over the British worn. European cr Section of the Canton-Kowkion 2.18-3.45, p.m. Avaliable for rest Hallway.

of private engagements.

36. 100. 10.

Total

32,642.

No Noffee Glyen

Further contributions will be

by Mr. F. G. lowing Continuing his evidence, the plain-gratefully received liff said he did not ask for paymentMausler, Secretary to Eart Hog's Fundi. York Building, Hongkong. of the Instalments nor did he give

be made payable one month's notice in the Jeiler Cheques should

to Thomson & Co.. and crossed which he wrote to the defendant on January 15, The reason why he did "Poppy Day Fund." not nak for payment was because the defendant had no money.

MEMORIAL FUND

Mr. Arculli: Du you now any that

left or were dismissed?-- you According to the treatment I recelv- ['FURTHER DONATIONS TO THE ed at that time, I should say I was turned out

out of the office.

You joined Mr. Rusa Immediately after? No, not until a week after.

Did you tell Mr. Rust that you had been

turned out?—No.

because

Did you tell him that you had 11? Yes, sale

1 said that to look after my good name.

Silva, the xamined by Mr. aintiff said that, as far as he knew, the amount owed to Sung by the de- fendant for salary and commission was something uniter $1,000, and to Wong about $10,000. le duced

lo rejoin the firm by members

was

in-

the Kam Ling

Don't Tako Drastic Drugs Your kidneys hava nius inilion tiny tubes or filters which are endangered by neglect or densite, irritatlog drugs, De- | ware! If Kidany trouble or Marlder work- | TR maken you suffer from letting Up of the staff, who held seven dinners Nights, Leg Pains, Nerven, Duzzlin succession at DEN BEACH, Rheumatism, Lumbago, Girdles Under Eyes, Hallen Ankjes, Restaurant. Neuralgia, Burnlag.

Boeting, Plaintiff went on to any that he Acility or on Vrou don't deny.

Thought the $500 was for five Kyntex (Bion-tox), Houttes, totien, cleru, instalments in advance. He thought the money was paid to his as part payment.

Try the Doctor'n New" düouvery called

and heals wick kidneys. Starts work in 15

Bring new ben1th, youth an zlatem. vitally in 48 hours. Cynter costs little and is guaranteed to end" your troublen in

3 days or Haney back. At all chemist

THOROUGHLY

never thot

At the time of his dismissal, Mr. Loseby said to him: "You are dis honest and unfaithful, Get put

Otherwise I'am You are dismissed! going to call the l'olice, You are not BLACK allowed to take away your furniture

thor remove your desk.”

Plaintif

he replied: suid

"Mr. Loseby, you are gentleman. It Is not necessary for us to argue. can talk together." Mr. Loseby then said: "Go away! No I don't want to tear you."

KIW BOOT POLISH

See the KIWI trade mark on

We

PUBLIC PARKS SCHEME

The Hongkong und Shanghai Bauk has received further donations to the King George V Memorial Fund, as follows:

Previously acknowledged $80,739.55 A4 C. Sinton Anonymous J.K.T.

A. Stevenson

A. S. Watson & Co., Ltd. British American Tobacco

Co. (China), Ltd. Mr. and Mrs A. II. Comp-

ton

יון

R. S. Harrison Hemitted

S. C. M. Post as per their pre- vious acknowledgments

3

10

30

600

2,000

50 25

1,230

$84.027.55

The S. C. M. Post has received the following further donation to the Klug George V Memorial Find:

Jenny Wren" Previously acknowledged

1,250

$1,255

arceptance of the terns mentioned in the letter. There was no verbal agreement between them whereby the plaintiff was to receive nel costs without prejudice to the monthly in- stalments. The plaintiff left is em- ployment the day after Mr. Russ hind Case to Anstrer

returned to the Colony. On that This concluded the

the day, he saw the plaintiff In the a large Chin- plainlift, whereupon Mr. Arculli sub-general office, writing mitted he had no case to answer on

case for

verbol

the grounds that plaintiff had himself tok! Mr. Kuss he left of his own accord, and that the $500 paid to him was for payment of five instalments in advance. Mr. Arculli further submitted that there was no agreement whereby the plaintiff was n hy the net costs brought in hy to receive him as part payment of his claim. It was only after the writ had been Issued that such an agreement was mentioned, and when the plaintiff

found he had not a leg to stand on in view of the receipt given for the $500.

Illa Lardship, however, said there every tin of shoo polish you was uncontradicted evidence by the plaintiff which called for an answer. buy. It is a guarantee of

Mr. Arculll then put his client into finest quality polish.

the witness-box.

KIWI

Agents:

Mr. Loseby said he was practising Company, Solicitors.

as Russ and

The plaintify left his employment sometime in June or July, 1935, and rejoined him in December, whea they entered into an agreement us regards salary and the like.

On December 4, he wrote a letter to the plaintiff, enclosing with it a cheque for $600, for which a receipt W. R. Loxley & Co. (China), Ltd. was given which he took to be an

THE

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HONGKONG HOTEL; REPULSE BAY HOTEL:

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RUNNYMEDE HOTEL, LIMITED,

PENANG.

The most fashionable.

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Finest position with magnificent

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Private Cars.

Same management--Crag Hotel, Ponang Hills 2,400 ft.

ese character on a plece of foolscup. The plaintiff told him it was. his name, and he replied it was beauti- fully done.

Shortly after that, he received a letter from the plaintiff asking for permission to leave. He then told the plaintiff, in effect, that if he wanted to leave he could do so ut once, and not to come back to the office. more, otherwise he would have him arrested. It was not true

was unable

to pay the that he monthly instalments.

Agreement with Interpreters Cross-examined by Mr. Silva, Mr. Losby, said he had been dealing, with the plaintiff, and Wong, and Sunt, for a long time. He entered into an agreement with them, and. when the plaintiff committed breach of it, he offered them $2,800 in settlement of all claims.

When the plaintiff rejoined him, he him he wanted any advance, in respect of the money due to him, he could ask him.' Even- tually, the plaintiff asked for $500, which was given. Actually he had at that time about $525 accredited to

kim.

л

There was never any arrangement

11.10 am. The visiters detrain at the Kowloon Terminus, where or dinney passengers will not be per- initted to alight until the party has left the arrival platform. The Go- vernor's A.D.C. will make the fol

presentations outside the The Secretary for Chi- Saloon door:

tene Affairs (Mr. W. J. Carrie), the Hos. Commander G. F. Hole, RN Harbour Master, Mr. R. E. Todd, Chairman of the Urban Council, Tivi Hon. Dr. H. H. Kolewall, c.M.G.. The Hon. Dr. Ts'o Seen-wan, c.n... The Hon. Mr. Chau Tsun-nin, The Hon. Mr. Lo Man-kam, The Hon. Mr. S. H. Dodwell, Mr. B. C. K. Hawkins, Chief Assistant to the Secretary for Chinese Affairs,

or

Morning Dress (Europenn Chinese at option) will be worn, Mr. D. C. K. Hawkins will place himself in attendance on the Hotel Party and net generally throughout the visit as lotson officer.

11.16 p.m. A Guard of Honour of the 2nd Battalion, the Royal Welch Fusiliers will be drawn up on the terminus platform. After the salute and the Inspection the Party will embark on M. "Britannia" at the Railway Pier. A naval salute will be fired during the passage across the Harbour.

Reception at Pier

11.25 am. The Visitors alight at: Queen's Pier where they will be met by the Acting Colonial Secretary (Hon. Mr. R. A. C. North) who will make the following presentations:- the Attorney General, Hon. Mr. C. G. Alabaster, ... o..., the Colonial Treasurer, Hon. Air. E. Taylor, C.M.G. The Hon. Mr. A. G. W. Tickle, neting Director of Public Works The Hon. Dr. A. R. Wellington, C.Mt.

C.M.G., Director of Medical Services. The Hon, Mr. T. II. King. Inspector General of Police. The Han.. Mr. J. J. Paterson,

The The Hon, Mr. J. P. Braga, o.n., The Hon. Mr. M. T. Johnson. The Mr. A. W. Hughes. The Fing Lieuten- ant to His Excellency the Naval C. In The A.D.C. to His Excellency

C. The

General the

Omeer Commanding. The Secretary to the Rear-Admiral in charge of H.M. Dockyard.

10

worn.

p.m.

3.60.3.m. The Government, House and Hotel parties and Dr. R. H, Kote- wall will leave to catch the Vehicular Ferry en route to Shing Man. Mr. Gifford full will receive the party on årrival and ten will be served on a site over-looking the res servoir.

will be no set time There for departure, which can be at the convenience of the Guests. Lounge suits will be worn,

8. p.m. Banquet in the Ball Room at Government House. By kind per- mission of the Commandant, the Pipers of the Hongkong Volunteer Defence Corps will honour the cum- pany with Scottish Music during the banquet.

Part II, Thursday, November 5

Note. All engagements for this day will be unofficial. The Governor will not be present or be represented at any of the following functions.

Porenoon. Representatives of various Chinese Associations will give a Reception to the Distinguish-

ed Visitors,

I p.m. The Chinese Members of Councils and other prominent mem- bers of the Chinese cominunity whil entertain the distinguished visitors at a pecial luncheon in the Roof Garden of the Hongkong Hotel.

4.30 p.m. The Chinese General Chamber of Commerce will welcome the distinguished visitors at a tes party in the Chamber's Hall.

&p.m. The Hongkong General Chamber of Commerce will entertain the Distinguished Visitors at n Din- Hongkong not to be held in the Hotel.

Note. Madame Tseng Yong-fu will he entertained at luncheon and, dinner by Mrs. Kotewall, Mrs. Tso and Mrs. M. K. Lo.

Part III. Friday, November a.m. His Excellency the Gover- Caldecott will biki nor and Lady

10 good-bye His Excellency the Chairman of the Kwangiang Pro- vincial

Honnar Government, is

and the Mayor of Canton

Mrs. Tseng Yang-fu

Government al House, after which they will pro- ceed by car to Queen's Pier.

0.10 am. Outside Queen's' Pler a Guard of Honour of the Hongkong Police will be drawn up. Mrs. Morning Dress will be

Tseng Madame Tseng Yang-fu will be met North will receive Madame at Queen's Pier by Mrs. North and Yang-fu. The Colonial Secretary, the Inspector General of Police, Government

Excci- conducted by her House after Inspection of the Guard the Flag Lieutenant to His

Joney the Naval C.-in-C.. the of Honour has been completed.

A.D.C. to HE. the General Omeer $1.30 a.. Outside Queen's Piera Commanding and the Secretary to Guard of Honour the 1st Battalion, the the Roynt Ulster Rifles will be drawn party farewell

Rear-Admiral will bid the on the Pler. The After its inspection is Excel-Governor's A.D.C., the Secretary for up.

eney the Chairman of the Kwang- Chinese Affairs, the Harbour Mas- tang Provincini Government and Hister, the Chairman of the Urban Honour the Mayor of Canton, accom-

and escort panied by the Governor's A.D.C. and Council and Dr. H. 11. Katewall will them across the Harbour. followed by their Staff, will proceed Office clothes will be worn.

The

The party alight at the by car to Government House. remainder of the party will be Railway Pier. A Guard of Honour Colonini Secretary will be provided by the 2nd Batta- oscerted by the and the Secretary for Chinese Affaisson, The Royal Welch Fusiliers. After Its inspection Major Walker to the Hongkong Hotel.

11.40 ani. On arrival at Govern- will conduct the Distinguished Visi- and will be excellency and Hisors the Flying Arrow Express, Honour will received by a Guard on which they will entrain. of Honour provided by the St. John's 4.25 a.m. Train Departs. Ambulance Brigade: During Its Note. Honourable. Members of inspection Madame Tseng Yang-fu Council and prominent citizens will will arrive accompanied by Mrs. De welcome at the departure of the distinguished Visitors 'either nat Queen's Pler or Kowloon Terminus. Their altendance, however, optional and their names have not therefore been entered in the pre- ' feeding paragraph.

North.

At Government House that the plaintiff could take money 11.45 am. The Distinguished Visi from the costs neeredited to him. tors will be greeted by His Excellency He gave him the $500 as against salary, commission and $100 monthly tristalment.

Mr. Silva: Why did you not mention that in the receipt?--I say I did.

What is your defence?—Mr. Arculli is responsible for my defence and nol you.

Do I understand your defence is that you have pald Ave instalments

advance?-Yen.

in

In other words you have appros printed $500 towards $100 a month? It was already approprinted be- cause I told him when I paid the money it was, appropriated to three Rens-salary, commission and $100

month.

Was that $2.000 a settlement for the claim of $4,0007-No. It was in settlement for all claims under the agreement which I made with him, Me. Wong and Mr. Sung.

What did you pay this money for? -Under certain circumstances these three interpreters were entitled to certain money. As u breach of the had been committed by

the

of

$2,000 in settlement of all

offered

to pay all three

Funu Ylu-chicong, an employee of the Bank of Canton, testified that sometime in January last the plain- tiff rented room No. 22 on the first floor of the Bank of Canton Building, under the name to S. Wing and Com- pany. That room was never used by Mr. Russ, although there was a plece paper bearing his name at the -entrance to the floor,

of

After the solicitors, for both parties had made their addresses.

His Lordship gave judgment for the de- fendants, with costs, saying he was satisfied that there was never any verbal agreement whereby, the plain- tilf way to receive the not costs brought by him. He was also satis- fled that the plaintif had invited Mr. Russ to return to the Colony, while still in the employ of Mr. Loseby.

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