'A motion by {he committee of the jgbarity' aiding the "Sailor's Home" that a scheme approved by the court.
April 28, 1908, be varied 20-03
was gran judge A. G. Mossop (include additional Tnveasmenta AM. Supreme Court on" Frida Mr, A. E. Seddon appeared for th petitioners, while Mr. Victor Priest ood appeared on behalf of the Crown, 'The' committee consists of Sir John Brenan, I M. Consul-General, Messrs, E.'S. Cunningham, [Consul-General, J. M. Howson, Senior Naval Officer, "A.D. Bell, Chairman of the S.C. B.D, Beith, "senior "representative in Coy Ltd, N.S, Brown, senior man-Shanghai for Jardine, Matheson Swire, G. F. 'Tyrrell, H. a. Vice in charge of' the Shipping Office, 1. V.""Wilkinson, agent. Shanghat of the B&O. S.'N. Con ind Dean A. C. $. 'Trivett, incumlent of the ifely Trinity. Cathedral, Tu 1907, said Mr. it was found that the charity's land and premises were not being used, Tewas "accordingly leased to' Jar-ding, Matheson -& Ca. from" 1908, and' from the receipts. therefrom rants Were made to the Seamen's On December 6, 1931, the land uled that suifcint evidence had ecm produced. by police to prove that he was a. Rutsian-Jew. The nceused had also. assid' that, th Avenue Road house was used for a lub o€ which he was a member and hosting, the a the would tell the truth with his hands on the Bible, 1 id that, in, February, failed bya chancellor of the loca Brazilian Consulate and was told to look after a elulyin an Avenue Road he refused to go to the club, id be "kicked out of Brazi-Tiny registration." The. chancellor fel) and asked him to. sign and also took out the papers from the Couns
to pay the. taxes, the money quired being supplied by the chan cellor, the accused snide Asked who was the chancellor, the accused said his name wan Mr. ming, the accused suid en in Shanghai for 15 years, during which he had never had any trouble with the police, Before the raid on the Avenue Road house, accused said, Mr. Batalha had' ad: ised him to "ron find protection. Ne Batalha. had ad previously promised him safety also offered un money to Tientsin or other place, but he refused, accused declared, Questioned "by the Court what his work was in the club, the ac-Jcused said he was not allowed to Defending Mx. Chilikin, Dr, K, W. chang, of the Taw firm of Messrs. '¢|Yen Ca., asked for n copy of the Russian paper containing the alleged defamatory writing, veying that the complainant had not pointed owe which part or parts of the article were being objected to by him. Dr. [Chang sah his client planned' coun: traction against the complainant and that, since the complainant wan. declared to be a Belgian subject, ho lasked the Court to order him to produce his certificate of nationality.
This was objected to by Mr. Kinng Jon the ground that this had absolute: ly nothing to do with the ease now before the Court, 4
Upon being questioned by the Court, which parts of the Russlun paper's article were resented by bie client, Mr. Kiang asked for an adjournment of the hearing 20 08 to fenable him to submit to the Cour a written statement pointing out the part or parts of the article which, his client's opinion, qantained defamatory matter, At this juncture, Dr, Chang stated that his client asked' the Court to subpoena a number of witnesses who. could prove that the article com plained of by the complainant contained no defamatory writing. Dre Chang also asked the Court to address an official letter to Mr. J. Jones, scerctary of the Shanghat Municipal Council, asking him. te Jeome to Court as he could" tell whether the article was based of facts or not, jours notice. voluntarily withdraw welf there downstairs et night. His duty it] sat doin in the "Gaptnin R.A, Young it give, you all "particulars, ete Times Yours truly Monte & Comma The plaintiff in hig evidence states that after he had completed three voyages in ths Isabel Moller ho was told by Br. Meller senior, in the course of an interview, that the could retain command." Mr. Moller senior denies any such con-Versation, There can he no doubt, that the employment of the plaintiff, which was originally itend'd to "be of temporary ter, was permitted to con-th the mutual consent of ries, whether expressed oF the plaintiff? retained command of the Isabel Moller until December, 1920, when he was transferred to, and assumed the command of, the defendants' steamship Daisy Moller. In Starck, 1930, or thortiabouts, itis salary' was ineraased by 10 per cent. to $405 00 per month. In December. "1930, he relinquished. command of the Daisy Moller, end in February, 131, proceeded to England via iberia in order to asktme commid ind of the: defendants? steamship Rosalie Moller, and bring this Hessel out to China, M2 retained command of the Rosalie Moller until September, 1931, when he was} in transferred to the command of the Isabel -Moiler, He remai
'August, 1932, when he was trans-Gal in command of this vessel until ferred to the command of the Hannah Moller, and he retained ymend of this. last-mentioned Foseel until October' 10, 1983. "The plaintiff arrived in Shanghai fu the Hannah Moller on Sunday, from. Tem also satisfied on the the Shanghai é Hongkew Wharf buildings were sold utright to evidence that the plainti' was Ca. Ltd, for the sum of Tls. 60,000, ready and willing at all. material the' proceeds being invested. Since ternes to continue in the defendants' that date, the charity's income had employment. The action of the n applied to the Seamen's Mise defendants on October 9, in my. view, operated ax a termination on.
"The Trust Funds now consist their pert of the! plamtif's ser-[the following investments and moneys:—vices. Tt follows that the defen-'Tis, 600 Debentures SILE. 6 per dants fail in their contentions (b) coat foam 1984. fand (c) above set out. is, I60 Debentures S.3.C. 6 per, There remains for consideration loan 1935, then the question of notice. Were!
Debentures S.36C. 6 per the defendants entitl: d to terminate She lint services in the mane salary ip to" and including" Octo: ner they did, on payment of his proceeds of a total of P ber 11, 19387 Was ita term of Seen SE decree <mployment, as they allez®, that the same could be terminated upon their giving to the plainti. 24 hours notice? The cases of Creen male pte" genes Wright (1878) 1 G.P.D, 591, und regal OF htt, Sit Savage v. British India 8. N. Ca. peeeeed ni he mme mig Ld. (1930) 46 TLR. 294 ace, ments authorized by the Law of consider, authorities for. the pro-England and in the purchase of land. within Shanghai's limits, on position of general law that, in the mortgage of land and property absence of sny written contract of within the same, and in the deben-employment, the master of a ship tures or debenture stock of the cannot be dismissed by his cmploy-S.ML.C,, oF on fixed deposit with any without a reasonable notice. sh bank carrying oh business Bint in the present case there was here the written contract of service embodied in the defendants' letter proceeds of the redeemed debentures been sought, since. receipt, dated April 8, 1929, and it was clearly a term of that contract Proposals bad been re-that the defendants should be at ceived Gey were not found suitable, liberty to relieve the plaintiff of Se" SBtice debentures were Ur" fois command with 24 hours notice. sbinonbe or obinnae on a sh 'The plaintiff's counsel has sub-provid considerahig' reduce the char igh prices thee parehace of 200 mitted in argument that this con-His revenue, "English crust invest= tract of service was rescinded when eae ba aod conse xents would the funds on the plant come to be transferred Sommant of the. label Moller to font his temporary employment in Mddlions be subject to exchange ike'command of the Dsisy Moller, was to look after the club, Mr. Batatha had. also offered hin $500 month, accused told the Court.
Mr, Paul ¥. Ru, Assistant Municipal "Advocate, conducted the pro-while' Dr. O. Fischer was the counsel for defence,
Text read from the printed page and cleaned; old type leaves the occasional error.