UZTHDAY MAY 15, 1928
DAMAGES FOR TENANT:
INTERESTING RENTS DECISION.
WITNESS FINED $50.
An interesting decision affecting the rights of a tenant, under, the Rants Ordinance – was given by the Pulsne Judge Mr. Justice Gompertz) in the Summary Court to-day. The parties were Ho Hin yuk (plaintiff). and Ma Kee-sun (defendant). In giving judgment
His Honour said
"The plaintiff was the tenant of two floors in Mercer Street, Vic- toria, and he claims against the de fendant who is the landlord:
(1) For a declaration that plaintifi is the tenant of the premises,
(2) For an order that plaintiff be allowed to resume full possession of the premises at the completion of the repaire,
(3) For damages for breach of covenant for quiet enjoymest.
By communications on various dates commencing on 1st of August, 1921, the defendant gave notice to the plaintiff to quit the
INTERPORT CRICKET.
RIVAL TEAMS COMPARED.
The Shanghai ve. Hongkong inter- port cricket match will commence in Shanghai to-morrow, Bhang- hai's team has bow been selected and the following players will repre- sent the Northern port
Capt. E, 1. M. Barrett, H. B. Ollordessen, Quayle, H. W, Allison, A. A. Claxton, D. W. Loach, W. N. Hansel, H. E. Muriel, A. W. Hayward, Isaacs and Beck,
here by the President Grant" The Hongknog team coiled from
and is composed of :-
BURGLED AGAIN.
J.T. SHAW'S PREMISES:
THIEVES' $3,000. HAUL.
THE CHINA MAIL.
For the second time since Mesars
I. T. Shaw and Co. Gentions Outfitters, moved into premises at Beaconsfield Arcade, they have fallen an easy prey to burglars.
TO-DAY'S ADVERTISEMENTS.
PEAK TRAMWAYS COMPANY,
-LIMITED
ANNUAL ORDINARY
LINCHENG OUTRAGE.
BANDITS DEMAND OBEYED.
PEKINO, May 14 The Civil Governor of Bhantung wired to the Government reporting that the mediators, had returned NOTICE IS HEREBY GIVEN that They stated that the bandita per- - GENERAL MERTING of SHARE- stod in their demand that the HOLDERS of the above Company will troops withdraw, and accordingly be bold at the HONGKONG HOTEL Last night the premises were Wu Chang-chih's brigade and the Hangkeng on WEDNESDAY the 23rd entered from an alley-way in course local protection troops withdrew, as May, 1963 at 11:00 AM. for the pur of construction as a shop: for far an the villages Woebanken and pogo of receiving the Report of the eastern
Directors together with a Statement of Ramsey and Co Ton the Macbang.
side of the building The Governor of Shantung says Accounts for the year ending Solb occupied by Messrs. Shaw and Co. that as he is complying with the April 1973. The lock on an tron grille, protect bandits' demand, there is no reason ing the window in the rear of the why the captiver should not be re building, was forced. Besides this leased. the bottom pane of the window was broken, and the window bolt pulled
back.
WEST RIVER PERILS.
TAIMING” TRYING AGAIN. Į
The "TRANSFER BOOKS of the, Company will be closed from FRIDAY the 18th day of May to THURSDAY the 24th day of May: 1923, both daye inclusive.
PEAK TRAMWAYS -COMPANY, LIARTED.
JOHN D. HUMPHREYS & SON, General Managers. Bongkong, May 15, 1923.
THE ROYAL HONGKONG GOLF CLUB.
T. E. Pearce (cap.), Hongkong Cricket Club, G. R. Bayer, Civil Service Cricket Club, L. J. Davies, Hongkong Cricket Club. Rev. E. K
TRAOCHUANG, May. 14; Quick, University, A. A. Runjahn,
The Military Governor of Shun- University, H. Owen Hughes,
tung, Tien Chun-yu, who arrived Hongkong Cricket Club, A. E.
Once entry was made the burglars bere this morning, saya he intende Wood, Civil Service Cricket Club; appear to have gone to work to stay until the prisoners apo re- U. M. Omar, Cruigengower, R. H.
most systematically as only leased.—Courtesy Daily Bulletin. Wild, Hoogkong Cricket Club, F.
most valuable bales of cloth were stolen." An Inspection N. Young, Hongkong Cricket Club, Captain E. R. S. Dods, Infantry of top hats, dress collars and socks and H. N. Balhetchet (twelfth evidently took place, but none are missing, so presumably the man), University.. premises. Some of these come in Shanghai's team and a strong man to please when it comes to There are not many new names Chinese Bill Sykes is a difficult inunications purported to be from combination has been got up against burglars left by the way they had another endeavour to reach, Wu-l Competitians to be held at style in ready-made articles. The the defendant himself, others were from his architect or other re- Hongkong. It is interesting lote entered, but apparently were dis- presentatives. The letter dated that Claxton has represented on turbed before all the swag was 25th September, 1922, was signed kong and Singapore previously and removed. At any rate, three bundles by the defendant's architects has thus established the record of of remnants were found behind the and purported to be a notice playing for three ports. With his store this morning. The total loss under Section 4 (1) () of the knowledge of our batsmen he should is computed to be $3,000. Rents Ordinance, 1922, stating do well behind the slicks. Muriel
Messrs. Shaw & Co., employ that it was intended to reconstruct is also a former Hongkong man, an Indian watchman to guard their the premises as new building. having been one of the opening Club premises during the night. This The plaintiff objected to leave the batsmen for several seasons. Of man swears he heard not a sound premises without an undertaking the others, Capt. Barrett and Oller- within the premises during the that he would be allowed to dessen are interport veterans, while tine he was on duty. The robbery reoccupy upon completion of re- Allison the fast bowler, Leach the was not discovered until the store construction. This was refused all-rounder who has always done was opened this morning, when and the plaintiff continued in well against Hongkong and Hay- the counter was a perfect jumble occupation. Various letters were ward are all known to Hongkong of gentlemen's apparel. sent to the plaintiff notifying the cricket enthusiasts. Of the four commence gent. of alterations. bowlers who contributed to Hong Finally on 28th February, 1923, the kong's defeat here last November, defendant commenced to pul!
Billings, O'Hawa and T. W. R.
down the building which by reason
CHINA COAST.
The s.s.Taiming" will make NOTICES regarding Whitsontide chow and leaves Hongkong to-day Fanling and Deep Water Bay and onwards she will be escorted by a al Pais's foursome competition at for Samsha Erom that port also a notice re proposed “Profession- British gunboat.
Happy Valley have been posted. In the usual Clubhouses.".. PERCY SMITH, SETH & FLEMING, Secretaries & Treasurers. Hongkong May 15, 102S..
On the West River, the situation remains practically the same,
TYPHOON WARNING.
m...
The following telegram was 're- ceived from the Manila observa- ROYAL HONGKONG GOLF CLUB. sulate general at 9.00 am, today tory by the local American con-
from the China Sea to the Pacific "Low pressure area extending
across northern Luzon and the Balintang Channel. A real typhoon may develop later." ta
The following telegram was re- ceived from the ManilaObservatory General, Hoagkong, at 2,30 p.m., to-day
Wilson are not playing, Hong-LATEST SHIPPING CHANGES by the local American Consulate
of these operations became unfit
kong faces a practically new attack. for habitation.
On paper the Northern team is The plaintiff thereupon left the. prehises. On March 1 the plain-relatively stronger and should re tiff's soliciters, Messrs Wilkinson tain the flag captured last year but and Grist, wrote to the defendant's if the Hongkong men play their architects requesting inspection of best and are helped by the uncer- the plans. Vessrs. Wilkinson and tainties of the game, there is just a Grist, on examining the plans, chance of their bringing back the discovered that the reconstruction fag. intended was not such as to make the tenement a new building under. Section 4 and that the notice to quit under that Section was theres fore invalid. They so informed the defendant by letter on March 2. On March 3 the tenant returned to the premises and slept there on the night of the 3rd and 4th March The landlord had no knowledge of this ocupation.
The position now is briefly as
follows:
The plaintiff has been driven
BUSINESS ENTERPRISE. HOLLAND'S 8TH INDUSTRIAL FAIR.
?
This Fair which was held at Utrecht from March 13 to 22 was characterized by exceptionally good business. An animated tone prevailed and there was 2.11 evident desire to buy, which was partly due to the almost entire absence of direct German repre
Mr. J. S. G. Brown, chief officer, "Chinklang," has gone chief officer, "Chengn"
+
Mr. N. Hardie, chief officer, Chengtu," has gone chief officer, Mr..S. M. Barling, Sinking." chief officer, "Kaying,” in on re-
serve.
Typhoon in about 120 deg. Long. E. 21 deg. Lat. N. direction un- known.
TO-DAY'S
· ADVERTISEMENTS
Mr. J. M. Stewart, second officer, "Kaying," has gone acting chief HONGKONG HIDE & LEATHER officer, same ship.
Mr. L. W. Harrison, from reserve, has gone second officer, "Kaying" Kwangchow," is on reserve. Mr. Mr. W. B. Thomas, chief officer,
chief
officer,
Johnstone, Fatshan," has gone chief officer, "Kwangchow."
Chinhua" has gone chief officer, Mr. W. Dickinson, chief officer, "Fatshan."
Mr. W. I. Chipper, second officer,
CO. LTD
NOTIOR IS HEREBY GIVEN that
↑
NOTICE.
THE OLD-COURSE, at Fauling will
be closed; from 5th June 1929, until further notice.
The Ladies' Club House nt Fanling will be closed from 5th June 1923, until further notice..
The upper floor of the Men's Club House at Fanling will be reserved for. Ladies during 9 am to 6.15 p.m. daily
All meals will be served in the Dining Room-of the Men's Club' Housa.
By Ord
PEROY SMITH, SETS & FLEMING,
Secretarios and Treasurere. Hongkong, May 15, 1923,
COLUMBIA PACIFIC SHIPPING CO.
an. EXTRAORDINARY GEN- (Operating Unfled States Government ERAL MEETING of HONGKONG HIDE
Ships.)
From PORTLAND, ORE, JAPAN PORTS, & PHILIPPINE PORTS.
LEATHER CO., LTD, will be held at 07/69 Les Vooax Road Central, Vio-
MAY, 1923, at 13 Noos, when the subs toria, in the Colony of Hongkong, on WEDNESDAY, the 30TH DAY OF
joined Resolutions which were passed ER Stoma at the Extraordinary. Genital Meeting;
having arrived from above porte, Consignees are requested to present their Bills of Lading in exchange for
delivery from alongside stenmér. ́ ́.
All Cargo not taken delivery from
out of the premises by the defen-sentation at the fair. The num Taming," has gone, second officer of the Company held on the 14th:de]. AWEST-KADER" / "WEST. JESSUP" dant's rebuilding operations which ber made it impossible for him to re-to 706 against $39 at the 7th fair.
of participants amounted Fatshan." Mr. J. N. Beach has of May, 1923, will to sbmitted for main in the house.
been appointed second officer,|| Holland was represented by 427
confirmation as a Special Resolution, "Taming.". It is agreed that the notices were exhibits, Germany by 146, En-
Mr. C. C. Lawrence, second namely: given and the operations under-gland by 43, Belgium by 22, France taken in good faith--se that Section by 17, the United States by 15 and officer, Liangchow," has gone 4.-Tbal $1,056 of the unissued shares. Delivery Orders, and take immediate 20 which deals with mala fides does Switzerland by 12. Several other second officer, "Kingyuan."
Mr. D. R. McAlpine, second net apply. But, as now appears, countries sent a couple of exhibits officer, "Kingyuan," has gone the notices were in fact void under only. China and Japan were not re- the Ordinance and, the defendant
has no right to disturb the tenant
presented.
The next fair of international in his possession as he has done. character will be held at Utrecht What are then the tenant's rights
has he lost his possession? And, from September 11 to 20, 1923.
if so, can he be reinstated?
In my opinion his possession is
gone he can no longer clains the The plaintiff has included no. protection accorded to a statutory claim for trespass on his writ. But tenant by the Ordinance. I cannot I have given him leave to amend 50 accept the position that when he as to put forward this claim.. left the premises he, Intended to On the question of damages retain possession. True, he have this before me that the tenant, some of his furniture on the pre-who has a large family, hes beca mises. But in my opinion this was driven out of his house. Up to the for his own convenience and date of hearing he had not been probably because he had at the time able to get the accommodation he no place to go. Again he returned needed. Such accommodation is and slept two nights in the house notoriously difficult to find. after he had left. But his solicitors had by that time explained his legal position and he was anxious, naturally, to assert any right he might possess.
I think that he is entitled to sub stantial damages "and I award him $500. This does not carry costs for the amendment was not made till the hearing had terminated. The defendant must therefore have his costs of the action...
second officer, Liangchow..
Mr. W. A. McDonald has been appointed sup'y second officer,
Fengtien."
Mr. G. W. Matthews, second engineer," Hsin Peking," has gone second engineer, "Chengtu.".
Mr. C Donnally, eecond engineer, "Chengtu," is on reserve.
Mr. L. A. Macfarlane, third er- gineer, "Liangchow" has gone third engineer," Fongtien."
44
Mr. J. Reay, third engineer, Woosung," has gone third en gineer, Hsia Peking"
Mr. W. C. Rxcton, third engineer, "Whangpu," has gone second engineer, same ship.,
Mr. G. Henderson, from reserve, has gone third engineer," Woo- sung.".
Captain J. Campbell, from leave, has gone master, Hopsang."
Mr. R. C. Thompson, acting mas- ter," Hopsang," has gone, acting master, Esangat da
Very significant, in my opinion, is the fact that he made no tender or offer of payment of rent before There is one matter which I must Mr. W. M. Ryden, acting master, leaving, although his rent was mention here. When the defend-"Esang," is on reserve. S payable in advance and was there ant was called to give evidence at Mr. D. Summers, second officer, fore actually due at the time of his the hearing a man went into the Kingsing," has gone sup'y second quitfing. Ia my oplonion, he did box who gave the name of the de-officer, Tingsing." Se not intend to pay rent until he fendant and was sworn in that Mr. J. B. Robson has been ap could again resume possession, as name, When, cross-examined he pointed sup'y second officer, he undoubtedly hoped to do later persisted that he was the defend-Loongwo,"
on. On the facts then, I conclude ant. But on being further pressed. Mr. G. S. Johnson has been ap that he gave up possession and is he admitted that he was not really pointed suply second officer, no longer atenari in actual oc- the defendant, whose sumame is 'Leaho." cupation, actually or constructive, Ma, but the defendant's partner, Mr. D. G Cairns, from leave, has and there is no power to reinstate whose surname is Lau. I have in- gone second officer, Kingsing." him. Can he, then, recover timated to the defendant's solicitor damages for breach of the cover
ant for quiet enjoyment
that I desire to see this man Laut
before the Court, bevares
Here, again I think that he falls, Impersonation Finished. True, the landlord's notices were After he had finished reading
FÖR GOLFERS.
bad under the Statute but they his judgment the Paisne Judge It is advertised in today's issue were, think, good at common directed that the man Lau Yuk that the notices regarding the law they terminated the tenancy Sang who had posed as the plaintiff Whitsun Competitions have been and put an end to the tenant's should be put into the witness box. posted at the Club House Af common law, rights.
Tell him, His Honour instructed Fanling and Deep Water Bay There is sonic doubt whether a the interpreter, that he came here holiday events are scheduled, and covenant fez quies enjoyment is im- and went into the witless box andet Happy Valley there is to be a plied on a monthly tenancy. But it gave his name as Ma When he Professional Paira.foursome.com does not, I think, attach to a purely was cross-examined he still said, petition, statutory tenancy as this one his name was Ma. Lau acknow It is also notified that the Old Course at Fanling willzberalosed was on February, 25 When the ledge thar Common law tenancy goes, the His
from-th iort gözt töö,There is, how-eduči
the tenant.KM
áre an
but at the time
of 810 he divided into 199,140 she on of đi.- Binh. 8-That the Capital of the Company sleamer by 15th May, 1923, will Be, divided, into two classes of. Be loded into the yazurdosa andfor shares namely 18.314 ordinary" not lazardous godowns of the Hong- ~!! A "." sharon" of . #10. cách and! koug & Kowlodn. Whari, & Godown 129,140 ordinary "B" shares of Co, Ltd. at consignees risk, whence $4, cash and that the provisions; delivery may be obtained. thereto bave effect, that is to say: (1) The ordinary "14" shares afore. said aball be those shares which are numbered 1 to 48,343 in clusive and one additional $10 ahare which if and when issued shall be numbered 46,344.
(2) The ordinary "B" shares afore said shall be those unissued shares of 94, each which will when issued be numbered 48,345- to 177,485 inclusive.
All broken, chafed and damaged cargo will be examined by Messrs, Anderson & Astie (Marine Surveyors) at the godowns on 21st May, 1829, at 10a.m.“
No claims will be admitted after the goods have left the steamer or
godowns, and all goods remaining undelivered after 21st May, 1923. will be subject to rent.
All claims against the steamer
(3) The said ordinary "B" shares must be presented to the Undersigned, aball as from the date on dates! on or before 27th May, 1923, or they
o issue fully paid rank equally will not be recognised.
with the said ordinary. "A" No Fire Insurance whatever will phares · sa „regards dividend, be effected. transmissibility conferenen, of rights to vote and distribution of, seats in the ayent of wind-
(4) If the Company shall be wound up the surplus amets shall be Alstributed as nearly as may be mong the members in pro portion to the number of shares held by them of the commance- ment of the windlog Up... But this clause is to be without pre- judice to the right of the. Folders of abarca laaned rpon spacial terms and conditioun. C.That the Articles of Asodiation be
amended by the deletion of claufe 107 and 120, théraði, sve D-To consider the election at. and
leat further Director or
WHAT IS
ARNHOLD & CO., LTD.,
Agents,
Hongkong, May 16, 1923,
SECRETARIES OF CLUBS AND
OTHER INSTITUTIONS/
1. preliminary notices of forth
cording meetings, lectures and entertainments, sent for insertion in the news columns of the China Mall, are charged for at the rate of $1 each
June of
last year) providing that they do not
fato
SUNCRUSH
ORANGE
SUNPROOF HELMETS
THE "MINTO":
THE MOST FASHIONABLE AND COMFORT- ABLE HAT YET MADE.
IT IS VERY LIGHT IN WEIGHT, IS FITTED WITH THE NEW PATENT- "AURA" VENTILATOR AND HAS A RED SILK LINING.
NEW STOCKS OF WHITE FELT HATS COTTON TENNIS HATS AND STRAW MATS
LANE, CRAWFORD LTD.
THE
ALLISON
SPECIALLY
MADE
GRANDETTE
ACÈNEDITED, AGENT
FOR
THE
TROPICS
(THE GREAT ENGLISH. PLANO) NEW MODELS
AT
ANDERSON'S
8, Queen's Buildings.
Tal Conel 1892
HONGKONG DOLLAR DIRECTORY
ه اونه
IS NOW ON SALE
AT THE OETIDES OF THE PUBLISHERS
WYNDHAM STEKET, HONGHONG,
HAND WA
KELLY & WALSH, LIMITED
CHATER ROAD.
Price $1.
THE DOLLAR DIRECTORY CO.,
YE OLDE PRINTERIE LTD.
(SUCCESSORA TO FRINTING DEFT. HONGKONG PRINTING. FRESS) BACK, OF 14, QUEEN'S ROAD, CENTRAL. COMMERCIAL PRINTERS AND - BOOKBINDERB.
PRINTING AND ACCOUNT BOOK MAKING OF EVERY DESCRIPTION DONE WITH ACCURACY AND PROMPTNESS. Phona C9707.
V. C. LABRUM, Manager.
A REAL DRINK
HEAD
“BOAR'S
GUINNESSS
BRAND
STOUT
A WORLD WIDE REPUTATION