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FRIDAY

SEPTEMBER 16,1921.

RENTS ORDINANCE.

FIRST APPEAL BEARD

"REASONABLY EQUIVALENT.”

WHAT DOES IT MEAN

CORRESPONDENCE.

WHAT DO OUR READERS SAY?

[To the Editor of the "China Mel,*]

Sir, Ought we to muzzle our Legislators? appeared on placards last night

May the real placards shem ought to muzzle Reuter."?

we the

are

HONGKONG.

DOCK.

FIRST OIL TANKER BUILT IN CHINA.

LAUNCH FROM NEW SHIPYARD.

THE CHINA MAIL.

The Hongkong and Whampoa Dock Your Co. Ltd., will launch the s.s "Paludina," from their new Shipbuild- weing Yard at 245 on Saturday, after

coon. September 24.

**

This is one of the "feur 8.400 tons dw. bulb cil carriers they are build ing for the Anglo Saxon Petroleum Co., Ltd. and will be the first oil totanker to be built in China, and of incidentally the first vessel to take

the water from their new Shipyard.

The dimensions are as follows: Length between per

pendiculars.****

Sitting as an Appeni Court this morning the Acting Chief Justice

Last week Renter gave us worth- (Mr. Justice Gompertz and the less information about the reception "Charlie" Puisre Judge M:. J. R. Wood) heard

a person calle an appeal against a julgment de Chaplin in England, and now fivered by the latter in a Kents

treated being Ordinance case on September 1

details disgusting The case was one in which the Taia sordid story in which another "film Tung Erm tried to secure the ejection artist" occupies a prominent position: If Reuter cannot be muzzled cannot of the Fook Tung are from premises owned by the former at No. 93. you refrain from repeating what his After he morbid fancy leads him to send to you. Connaught Road West.

Yours faithfully, had refused to son suit the plaintiffs the Paisne Judge hold that the plaintiffs had shown that alternative premises "reasonably equivalent in all respects" were available for the Befendants to go to sad he gave judgment in the plaintiffs' faveur.

W. W. J. September 16, 1921.

A SPORTING OFFER.

Mr. C. G. Alabaster (instructed był D'Almada and Mason? appeared this To the Editor of the "China Mall,”? morning to support the appeal on half of the defendants in the

riginal action and Mr. F. C Jenkin finstructed by Johnson. Stokes and Master) opposed it.

The appeal was based on the

foring four grounds:-

1) That his Honour the Judge was

wrong in deciding that there was a case for the appellants (defendants) to answer as it bad not been proved at the and of the respondents' (plaintiffs') ase that the alleged alternative reasonably accommodation equivalent in all respects.

(2) That tis Honour the Judge was arong in deciding, on suspicion WAS available accommodation

Was

to the appellants (defendants) on the date of the judgment.

si.n

(3) That the decision that the said reasonably accommodation equivalent was against the weight of the evidence.

(4) Tha. the decision that the said accommodation was available to the appellants (defendants) on the date of the judgment was against the weight of evidence.

THE APPELLANT'S CASE.

www.g

Sit. Having recently spent several enjoyable evenings at the V.R.C. Swimming Fetes, I would like to show my appreciation by presenting a couple of prizes for the forth coming soons to be held on the 28th, 29th, 30 h instant.

Breadth

Depth Moulded ..........

412' 0" 53' 5" 31' 0"

ODDS AND ENDS.

MANINLY SCISSORS LOOT.

Fremainra.

GENERAL ITEMS.

In 1820, in England and Wales, 42,545 persons died from tuberculosis; in Scotland, 6,013. The figures for 1919 were 46.312 and 6,326 re- spectively.

FOR

TO-DAY'S ADVERTISEMENTS.

FOR SALE.

CHANDLER OR SALE.-Une

chummy roadster (persons)

"I was sober." saiḍa man charged excellent condition $3,000 Owner at Wealdstone. Middlesex, with leaving Colony. Apply Box No. 1328,

They refused to let ea China Meil' drcokenness. me see a doctor although I asked exactly 89 times."

Earl Haig has presented to a new Masonic Lodge 21 Windygates, Fife, which has been named-after him, the sword which he carried during the greater part of the war.

As the outcome of recent events, it has been decided to start a victorious campaign to clear Home racecourses of the horde of rufians who have been victimising the public and the bookmakers.

A telegram from Paris states that] bree police inspectors carried to the Palais de Justice, at Versailles, ten large boxes containing 5,000 doen. ments, which form the police dossier in the Landru case.

*

nese Alps is causing considerable alarm. Several fatal bites have been i-flicted, and tourists intending to visit the region are warned to be careful where they walk.

LOST.

OST or STRAYED, One GORDON SETTER PUP bitch) fore and hint paws white. Finder please return 10 he undersigned or otherwise will be prosecuted. F. M. L. SOARE CO SOARES & Co, Alexandra Buildings.

NIPPON TUSEN KAISHA.

NOTICE TO CONSIGNESS,

FROM EUROPE AND STRAITS.

THE Company's Steamship,

#ITO MARU

baring arrived from the above Parts Consignees of Cargo are hereby informed that their Goods are being handed and

woox Fur & Govern Courant's Gooows at Kowloon, where each consign- ment will te sorted out mark by mark and delivery can be obtained as soon as the Goods are landed.

Optional Goods will be carried on unless lustractions are given to the contrary be- fors Nocs. To-Day.

Goods not cleared by the 23rd Septam- ber, 1921, will be subject to rent.

The incident at Peking recently in which Mr. Bertrand Russel figured. The number of vipers in the Ber-placed at their risk in the Bosoxane & and scored rather neatly off journalists who desired to interview him after erroneously announcing his death. reminds one that he is one of a growing number of people who bave read their own obituary notices. Lord

Apples almost roasted by the sun I think the youngsters should be Montagu of Beaulieu, who was on the

and torpedoed "Persia," and who visited have been plucked from trees, actor given more encouragement, would suggest the following events: Penang a few years ago is one. Ming to Der Bund, at Landorf, near One length (scratch) for boys 10 Andre Messager, the composer is Koniz, Switzerland, where the beat the latest to join those who have been has been intense for the past few and usder.

more or less privileged " to collect weeks. The apples look and taste as One length (scratch) for girls 12

their obituary announcements, and if they had been placed in a hot and under.

Should this meet with the approval a recent victim was Lord Desborough. oven. of the V.R.C. Committee, I shall be who read many eulogies in December. bat Mr. Baring Gould was able to glad to forward you the prizes for Mark Twain's was the classic relo-r delivery to thers.

correct with a light touch an alarming Yours, etc..

"anticipation," and Mr. G.K. Burgia informed the editor of the paper which referred to his "death" that although he lived by the per he hardly expected to be slain by it. Life Saving Invention.

"AN OLD TIMER," Hongkong, September 16, 1921.

holding them as reasonably fit for that sort of business?

At Westminster County Court, when a French dressmaker's fitter was sued for breach of contract, it was complained by the defendant that in the line of the firm she had used their material to make a pair of pyjamas for a male employee. This she denied.

Damaged Packages mcat be left in the Godowns for examination by the Con- egvee' and the Co's, representatives at an appointed hear on TUESDAY and FRIDAY, All claims must be pre-{ acc.od within ten days of the steamer's ' arrival here, after which date they cannot be recognized. No claims will be admitted after the goods have left the Godowns.

NIPPON TUSEN KAISHA,

ÅgeUL Hongkong, September 16, 1921.

PUBLIC AUCTION. THE Undersigned have received in- structions to sell by Public Auc.

O

commencing at 12 o'clock (noon), SATURDAY, September 17, 1921, their Sales Rooms, Duddell Street. $5 lengths Mild Steel Bar

5 bales Green Stripe Gunnies, 23 lbs. 22 cases Disinfecting Fluid

A woman who, rushed into the The familiar breeches buoy has Mr. Alabaster: The premises were been instrumental in saving many Northampton General Hospital great- pered by the defendants with the lives where vessels have been strandedly agitated declared that she had idea that they might suit the plaintiffs but the dificulty in getting a line swallowed her false teeth and was Arguing on the first ground-that-not that they would suit them. from the ship to store has sometimes suffering great internal pain. She tion the plaintiffs should have been nor- They thought the cheaper rent proved disastrous. A new line carry had the appearance of having a bigh

I submit suited, Mr. Alabaster urged that under might attract them.

ing bucy, the invention of W. S temperature and the X-rays apparaïns the section relating to these proceed the only inference to be drawn was Crouch, which recently passed & was prepared but before it was used ings the Court must be satisfied (a) that nobody wanted to go there.

successful test, is expected to go far the missing teeth were found in the

the woman wa toward overcoming this difficulty overalls which that the alternative premises were

wearing. • reasonably equivalent in all respects and (b) that the premises were avail- able on the day of the judgment.

The whole scope of the Ordinance, Mr. Alabaster contended, was to restrict the right of the landlord to recover possession. Counsel quoted similar Act at decisions under home in support of his contention be positive must hat there evidence that reasonably equivalent accommodation was then available.

The acting Chiel Justice observed that there was no doubt about the oaus of proof.

Discussing the other points Mr. Alabaster said it had to be assumed that the landlord of the alternative premises was willing to let them. At most it could only be found on the evidence that the premises were available for the space of one day and that they ceased to be available when they were rejected.

MR. JENKIN'S REPLY.

Thrown from a stranded vessel, the Crouch buoy will naturally be

A Lanarkshire woman adopted a blown toward shore by the same force of wind, or by the wind, or by novel method of obtaining a pair of Going into a bootmaker's the tide, that caused the ship's bonis. predicament, the small line inside shop in Motherwell she managed to unwinding as it drifts shoreward. conceal a left-footed boot in her At night small, light on the buoy apron and left the shop without In his address on behalf of the points out its position to those on making a purchase Proceeding to also be used in carrying ship's papers, ing to the same firm and by the same respondents Mr. Jenkin contended shore and aboard the ship. It can Hamilton she entered a shop belong- that the judgment was right on the

marking the location of sunken the right foot. When prosecuted she firs: poin: for the reason that the manifests and other valuables, for reans was able to obtain a boot for judge, in finding that the alter-vessels, and as a life preserver, for pleaded guilty and sentence was native premises were reasonably which purpose small rope loops are deferred. Briefly narrating the facts Mr. equivalent, had properly appreciated attached to it. Alabaster said that the premises the intention of the legislature in

Last Of The Weavers. sought to be recovered were at 93, passing this Ordinance and

tome Courts The last London colony of the des

Mr. H. C R. Norton, has passed of the Connaught Road Central and the decisions alternative accommodation suggested in so far as they were a guide to thecendants of those Haguenot refugees his examination as second mate (s.s) by the plaintiffs was at 96, Des Voeux manner in which this ordinacce who settled as weavers in Spital- fields after Louis XIV.'s Revocation Road West. Both parties were firms should be interpreted: doing or intending to do thei

class

the

:

Particulars are given in our advertising columns of a sale Messrs. Lammert Bros. will conduct to- morroW.

CONSIGNEES NOTICES.

I case Tak

2 cista Oil

45 boxes Press Ba long

43 coils Galvanized Wire

5 comen Black Lotus Calf Leather 2 dones Chrome Willow Bide 20 desen Kola Astier 30 diezen Sirup Aliut

3 Natural Warqash For Maffs 4 Rabbit Far Stoles Terma :-Cash on delivery..

LAMMERT BROS.,

Auctioneers

MONDAY, September 18, 1921.

commencing at 11 m.

at Honshan Godowo, Kennedy Town,

6 cases Tinplates,

2 pieces Iron Pipe.

1 case Oil "Three in Onc 1 are Clock,

88 ecks Fluar.

Termin-Cash on delivery.

· LAMMERT BROS.,

Anctioneem. Hongkong, September 16, 1921.

4

TO

Discussing Mr. Alabaster's 6t of the Edict of Nantes in 1685, con business-that point, Mr. Jerkin said that before it sists of some half a dozen houses in of same

Californian could be discussed whether alter-Alma-road, off Green-street, Bethral generally described as merchants. The defendants had been native accomodation was reasonably Green. Outside No. 42 is the slen established for some years and the equivalent it was necessary to ascer of a spindle-the last of its kind- plaintiff's business was still in process tain what alternative accommodation for these are the only weaving shops" that have survived the of formation. The evidence of the had to be provided within the mean- plaintiff's went to show not that they ing of the Ordinance. This Ordinance local demolitions and improvements

Ε conducting offered the defendants the alternative obviously and most clearly dealt of the last fifty years. Mr. G. accoramodation but that it was the entirely with human habitation and Poyton, other way about, the defendants with premises required for that through his workrooms on the first having offered the plaintiffs the purpose. It was not concerned in flour of No. 44, said that business any sense with business premises was not what it used to be. "It's accommodation.

as all pure silk that we use here," he ia that respect, was There were certain facts, counsel and

and many of the public are accor. said, went on to point out, from which the nearly as no matter" in

res content with the artificial stuff. Court might draw its own conclu dance with the early rent sions. The alternative premises were triction Acts of the Imperial Parlia Then," he added, "weaving is 100 rent: Damaed rarge will be es mined entertainments, sent for Insertion in rejected by both parties-otherwisement which commenced in the year monotonous to appeal to the young jon Tuesday and Friday. Agents Nippon the news columns of the China Mail,

the

would

reporter

Cargo from thess. Korea Maru" not cleared by Sept. 14 will be subject to reat Usaged cargo will be examid 02 dept. 20 at 11 am. Ageuta, Toyo Kison Saisha.

Cargo from the as. "Tyo Maru**not cleared by Sept. 23 will be subject to

The C.P.OS B.M.S. "Empress of Japso, will sail hence at Noon on Tues, dy, Sep. 2.Mfor Victoria and Vancouver, B.C. Bhanghi (most pg). Nagasaki, Kobe, Shimids and Yokohama

action

Bever have 1915. The earlier acts at home people nowadays. The children of Ynzen Kaisha. been brought. If in the opinion dealt entirely with dwelling house weavers have forsaken their fathers' of the defendants the alternative pre accommodation and it was not until craft in favour of the castermooger- mises had been reasonably equivalent later on, in the year 1920. that ing that is Bethnal Green's staple in all respects they would have gone the provisions of these Acts were industry.

mzće to apply, in Apy aense Purch's" Jokes. there,

The genesis of Mr. Panch's The Acting Chief Justice pointed to premises used for business-pur- opt that even if the premises were poses. It was held under the earlier celebrated witticisms of "Bang wen! "Advice to those equivalent in all respects

the Acts that the alternative accommoda-sixpence" and

was intended by the about to marry," it has been stated, old firm might say that their good-tion which

will bad attached to their premises legislature was alternative. accom- the following personages have been a dwelling house said to be reponsible for the latter:i of and that they did not want the bother modation

character only and that if the (1) a policeman at Glasgow, (2) a of moving.

W29 proposed bricklayer, of Edinburgh, (3) a Mr. Alabaster said that if the person whom it

evict WAS actually. using railway official at Perth, (4) a accommodation was a place where to

OTHER INSTITUTIONS. SECRETARIES OF CLUBS AND

ALL preliminary notices of forth-

coming.meetings, lectures and

In

are charged for at the rate of $1 each, (as announced in May and June of last year) providing that they do not occupy more than four lines, future if this space is exceeded they will be placed in the advertising columns at the prevailing rates." -

"OVERLAND CHINA MAIL"

Contains all the News of the Week,

PRICE

25 cts. CONTENTS.

PER COPY.

PAGE

Frenchman Found Dead ...... 22

PAGE

1.

In Bankruptcy

Praya Fight...

8-12

.12

#

"Pig's Feet $1,000 Bail in Arms Care.....

13-14

American Visitors

Sanitary Board .....

24

Arms Under The Bed

15

Singapore Dockyards..

15

15

The Garden City Sport

16.

More Earthquakes .........--

United Atidetic Club in

16.

201 Special Cables

Cook in Court

it was found more difficult to do the premises in part as a shop or for compositor at Dundee, (5) a hovel business and where the goodwill of any other business purpose that it keeper at Taverness, and (6) a "Free reporter at Aberdeen." the business was lost it could not be was not incumbent upon the Court to Prese said to be equivalent in all respects. inquire as to whether or not the pro-The fact is, writes the editor of the alternative accommodation Glasgow Herald, that the only time Actually the only sense in which the posed.

Domestic Occurrences .... two places were equivalent was that precluded sufficient accommodation the jest was fathered on these estim.

able persons was in a humorous story Flogging A Dead Horse... 1 they were both four-storied buildings for shop or business purposes.

"Hood's Comic Annual" of the Mr. Alabaster read to the Court Our Ordinance, Mr. Jenkin urged, in

thie was intended to apply to domestic late '80's The author of the store Leading Articles.......................... 1 7 the Fuise Judge's notes of evidence taken at the hearing. He dwellings solely and the whole the late Mr A Dewar Willock, editor Local and General. agreed with the Acting Chiet Justice's of Mr. Alabaster's argument had of the Glasgow Weekly Herald Church Notes summing up of the evidence as show. spoken of the alternative premises described how a commercial traveller Legidaire Council ing that the alternative premises entirely as a shop. The evidence set out to solve the mystery of a Why Poboomulls are Shut...... 14 carried a cheaper rental, were further showed, Mr. Jenkin maintained, that parentage of the joke, and heard from Correspondence from the sea and that it was not as a residence the alternative accom various sources that the six persona Annoying But Quite Lawful...14. easy for fucks to go in and out modation was equivalent in every mentioned were the actual criminals Children's Corner

argument The investigator, however, ultimately Motor Prosecutions Counsel held that, as a thatter of respect. The law, the plaintiffs should have been put forward in support of the discovered that the Glasgow pulice Earl Haig's Fund non-suited. On the authorities judg-contention that the premises were man had gone to China, the Edinburgh Techowal Institute Results meat should, he submitted, have not equivalent was that they were bricklayer to Chicago, and the Philippines Independence ...16 been entered for the defendants be not equivalent for business purposes, railway official to Barmah; that the Hongkong University cause it was impossible to say on the If such considerations were to weigh Dundee compositer had drowned him Woping Murder plamliff's evidence that, if the cast with the judge it would, Counsel self in a jar of marmalade, and tbat Tobacco Duty had stopped there, jury could pointed out, restrict the possibility the Inverness hotel keeper had gone Marine Miedoings reasonably, find that these premises of ever being able to prove info Bankruptcy Court, and be Free Hong Mob Disaster webe ecnally suitable and readingly that alternative accommodation was Press reporter to the deyil. Finally Armed Robbers Busy equivalent in all respects

equivalent berause tenants would be he met a man who proudly confessed | Broken Contracts", The Action Chief Justice: Diable to furnish all sorts of flimay-tq-having-writzen the joke, and he Train Journey Postpon

Constable Charred pen, the defehlenis, not tender these pretexts for showing that it was not. there and then slew biin as a warning Possession of Arm

to other people. The case is proceeding. premions to the plaintiffs, thereby

only.

Typhoon Warnings .....

Made in Germany ..........

Passengers Mapapa

Shipping: ----

Tempied, Fell

Rejecting Punch'z Advice.. Exchange

nicky Charge of Forging Banknotes 30 Hongkong Stock Exchange 30)

NOTICES.

LANE, CRAWFORD & CO.

DELICIOUS PINEAPPLE BACON $1.00 per lb.

PINEAPPLE HAMS

-

$1.10 per lb. HALF HAMS $130 per lb. $5 cts, per lb. AMERICAN CHEESE ENGLISH CHEDDAR CHEESE $120 per ib.

CHEESE IN

TINS

AMERICAN

CHEESE

per Tin $1.00

**

SWISS

CAMEMBERT

13

"T

$1.10

++

31

$110

CHEESE

**

EDAM DUTCH

each $4.75

LANE, CRAWFORD & CO.

Established

1850

Telephone

1741.

JUST RECEIVED

NEW

STOCK OF STRINGS FOR

VIOLIN,

'CELLO

and DOUBLE-BASS.

AT

ANDERSON'S.

MUMEYA & SANO

NORMAL ARTIFICIAL LIGHT STUDIO. Studio reopened at 38-40, Queen's Rd, C. (opposites Hongkong Theatre) photo taken Day and Night using 5,000, c.p. light. Film Printing and Developing under: taken. Special attention to Home portraits.

Telephone 254.

Derger DPaints

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