SUPREME, COURT,
Thursday, September 5th.
BEFORE PER Citer" Justice (Hon. Mr. RECS avis, K.C.)
IN OHIGHAL JURISDICTION.
TENANT AT WILL OR LESSEE Y
Action was brought by Kwok Siu Lau against Kan Yang Cin to recover posses sion of 250, Queer's Nond Comtral and mesne prefits.
Mr. C G Alabaster, instructed by Mr. G. K. Hall Brutton, appeared for the plaintiff, and defendant was represented by Mr. Eldon Potter, who was instructed, by Mr. Ottu Kong Sing
In the statentent of claim the plaintiff claimed that he was entitled to the posses
IN SUMMARY JURISDICTION BEFORE MR. H. H. J. GoMPERTZ (PUISNE JUDGE);
THE HONGKONG DAILY PRESS, FRIDAY, SEPTEMBER 8in, 1911.
INTERESTING LANDLORD AND TENANT CASE.
Chang Tez Kwan sued Ngan Wing Hing in respect of premises known as: Nos. 2 and 3, Lai On Lane, and the
PARIS LETTEB,
| Serttally WRITTEN FOR THE "HONGKONG DALLY PRESS."]
PARIS, August 9th. UNREST IN FRANCE. The present state of unrest in France
dependent for election on the goodwill of. the citizens, and will not hesitate to place the interests of himself or his party he fore the health of the public.
1
THE EXECUTION OF GENERALS AT PEKING,
A MORE SPECIFIC INDICTMENT.
paper,
PRESIDENTS AND SMOKING,
General Li Yuan Hung has sent M. Thiers, when President of the response to a request for fullor par third telegram to Peking, presumably in French Republic, soon after the 1870-71 ticulars of the charges against the ex-
grand floor of No. 4, Lai On Lano, toļa subjedt of general discussion just now adjure tobacco, the effect of which, he
war asked the members of his suite to translated by the semi-official
!ecuted generals. This document is
recover $140 for one month's rent; dam--is to be deplored, and is destined sooner said, was
in English, i Poking, ages from August 12th (on which date or later to lead to an inevitable Bare-up MacMahon, at one time au inveterate the National Council:
to dull the mind. Marshal
To President Yuan, the Cabinet, and defendant had received notice to quit the Some say that the Third Republic has pipe-smoker, could not tolerate the smell prentises) till possession of the said pre- had its day, that it is not the régime of tobacco after coming into office. His missil be obtained, or until judg-that it used to be, and that thousands successor, M. Jules Grovy, held tant of Frenchmen disgusted with rampant.
inent.
A notice of settlement was filed in Socialism, the crippling increase in the was not made to end in smoke, and which defendant paid 815020 for rent, price of living, over-taxation, and
a dezded liability for possession and super-abundance of red-tapeism, would red tobacco, while M. Casimir-Verier (the was a non-smoker on economio principles The ill-starred Fresident Carnot abhor damages,
welcome a return of Monarchy or Im the French people are ripe for anothering musthetic perialism. This aunts to saying that aristocratic President) considered smok
The question has once Revolution.
more been raised. Should the Pre- sident of the Republic smoket" by Le
& farston, appeared for the plaintiff, Mr. L. R. Needham, of Messrs. Ewens
and Mr. W. E. L. Sheuton, of Messrs.
One fails to
нее what
WA
1. MRD
I asked the President to inflict on me the dua punishment for my failure in performing my duties to the President and to the people, I failed in knowing men. But I hope that I shall be able to do better. I also requested that the family of the dead by Liberally provided for, so that both the living and the dead would feel contented; and, Heaven to my witness, this promise must be ful- filled.
INTIMATIONS
M.P.
have clearly stated that, before the Re- elementary school teacher, and, during
In my previous telegrams to you, JOHNSTONE'S volution, Chang Chen-wu was but all the Revolution, he was Assistant Director
meritorious services and later he be of the Hupeh Bureau of Military Affairs. Likewise, I bave pointed out that, at one pine, Chang
of great came a wicked any of the State. And, acros therefore, I asked President Yuan to arrest bin and deal with him strictly according to martial law. Fearing that some misunderstanding might be
case, I now publish in this telegram ten treason and submit them to the judg ment of all people:-
THE TEN CHANGES.
sion of the premises at 260, and the second. Deacon, Lanker & Deacon, represented chances Princo Victor Napoleon has of \ Gaulois. M. Fallières has been seen created by ignorance of the facts of the
and third floors of 258, Queen's Boad, Central, which were held by the defen- dant as a tenant at will of the plaintiff, which tenancy was duly determined by a notice to quit expiring un March 18th. Plaintiff claimed: (1) possession; (2). mesne profits since March 18th at the rate, of $280 per Chinese month up to the date
of judgment, and further messe profils at the same rate up to the time of obtain ing possession, with costs.
4
the defendant.
Mr. Needham-The plaintiff's etsing is for one month's rent and damages.
Mr. Neelan That arount has been Bis Lordship-You are claiming 8140
paid into Court. There is only the second part of the claim we have to deal with the question of damages..
for damages?
His Lordship--How much do you claim
Mr. Needham-General douages, His Lordship-How much? You must give some amount.
Mr. Needham ---4500,-
SCARCITY OF QUAI Quail have become so scarce in this country that the bird is reported to be on the point of disappearing. Statistics show that in 1808 some 270,000 quail were sold in the markets, and in 1811 the nurn- ber had fallen te 27,283! Unless the bird is to disappear, some means must at once be taken for its preservation.
CUSTOME CONGRESS.
for
During the most critical hours of the Revolution, Chang Chen-wu went down to Shanghai for purchasing arms Moreover, the guns and rifles which he and misappropriated over Tis. 000,000, had bought were obsolete and useless. The false accounts which he had sub- mitted are kept on file in the upch cessible for examination. Thus, he not Bureau of Finance and are easily ac only robbed the Government of its money for his own indulgence, but also grossly neglected the most important duties of the military office.
-2--Chang enlisted over six hundred for his own service, illegally organized then into a company, and
the payment of these men at 82,000 cach demanded from the Government by fores
per month. This was an extraordinary action (}}
Morcover, his part. gathered around him six large com- panies of retired, soldiers who were to
becoming Emperor (Napoleon IV.) r his cousin, the Duke d'Orléans, King, smoking a pipe in the Elysée Palec charges against Chang Chen-wu What about a Consular Republic in the unpardonable sin. He longs for pears the most probabic. There is a really do as he likes.
ear future. Of the three, the latter ap-February to come along when he can
general feeling that the real rulers of the country (who are not merely the Government, but all the members of the two Chambers, and far too many of their friends) are much too expensive a luxury. Past experience has revealed to us the fact that the unexpected always happens The statement of defence set out that by indenture dated March 1st, 1911,
in France. A coup d'étā! would certain ly be our fate were General Boulanger and made between John Hennessy Seth,
His Lordship-You are claiming for still in our midst. When at the height of receiver of the rents and profits of the one month's rent for the sixth moon? leasehold property belonging
The French Government has decided to the Mr. Shenton--That is paid, and the fame, he could have been King or Em-
the International Congress state of one, Wah, Ah Kwong, deceased, costs on the writ are paid. My defence eror at will for the mere asking; the that
is technical. My friend gave me notice Republic elearly saw the danger of this, Customs Regulations should meet of the one part, and the defendant of the to quit and deliver up possession on 6 and exiled him for safety. Events in Paris in May next to consider the ques other part, the said John Hennessy Seth certain date, and in the event of my re- France more rapidly, and it is well totion of creating an International Statisti leased unto the defendant the premises Raining in possession. I would be requir No. 258, Queen's Road Central for a term
pay thenceforth double rent to what watch them closely in the near future.cal Customs Bureau, and the framing of of five years commencing from March lat, on in possession, and are prepared to pay and must break out in this country with and their samples, the exemption of goods we are now paying We have remained That war of one kind or another will rules regarding commercial travellers 1011. By an indenture of assignment double rent, and my contention is that
my friend is not entitled to possession. in the next five years is the growing sent on approval from customs dues, as dated January 17th, 1919, and made
His Lordship He has given you an belief of many French politicians. between the executrix, the executors and alternative which you have accepted.
Ifwell as the question of expert adjudica- the trustees of the will of the said Wai (Te Mr. Needham)-You want him out to turn people's thoughts away from tional agreement, looking to a uniform war with another nation does not come tion in customs disputes. An Interna Ali Kwong, deceased, of the one part and ter to argue the point as to whether we lir home troubles, a Civil War-the definition of gross and net weight in the knew that. Chang's plots must have been
Mr. Needham-I think it would be bet-: have any claim at all. When that point worst of all wars-with or without blood-computation of duties, will also be an is decided, we then go into the question shed, a Revolution peaceable or other object in view.
the plaintiff of the other part, the said premises were assigned to the plaintiff subject to existing tenancies prior to October 11th, 1911, and prior to January 17th, 1912, the plaintiff hud notice and full knowledge of the existence of the lease dated March 1st, 1911.
Mr. Alabaster informed the Court that the case had been settled with regard to the premises No. 256, the defendant hav- ing consented to judgment. The action, therefore, weald only proceed with regard to No. 258. Defendant set out that a lease was made by Mr. Seth to him on March 1st, 1911, and said that the subse- quent assignment of the property to the plaintiff on January 17th, 1912, was sub- ject to an existing tenancy, and there fore he supposed it would be argued that it was subject to that lease. Defendant also said that prior to October 11th, which was the day on which plaintiff enterod into the agreement of purchas, and prior slo to January 17th, which was the actual date of the assignment, plaintiff had full notice of the existence of defen dant's lease. Plaintiff was the owner of Inland Lots Nos. 340 and 370, upon which house No. 256, Queen's Road Central stands. He became owner of the said premises by virtue of an assignment dated 17th January, 1912, which was duly registered in the Land Offics. It executed in pursuance of an agreement dated 11th October, 1911, made between the same parties as mentioned in the assignment.
On May 27th. 1908, Mr. Seth was appointed receiver by the Court to receive the rents and profita. On June 4th, 1909, he was authorised by the Court to enter into tenancy agreements,
แม
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ed
to
of damage.
His Lordship-The facts are all ad- mitted?
Mr. Needham-Yes.
His Lordship-What Chinese moon are we in now?
Mt. Shenton The 7th moon, and next month's rent is due on the 14th of this month.
llis Lordship-And you are going to pay it?
Mr. Shenton-We are going to pay it. aren't claiming possession ?
His Lordship (to Mr. Needham)-You Mr. Needham-No. I am simply claim ing dainages for wrongfully holding over.
His
Lordship-You fixed the damages yourself. You got double rent at the of the month. Can you get any more than that?
AVENUE RAISES REVENUE.
ON
in
мен
he
Prime affects of bad? Whiskey -
After efferta of M.T.”
OBTAINABLE EVERYWHERE.
H. RUTTONJEE & SON,
be his personal guards. These, paid by WINE & SPIRIT MERCHANTS.
the Government, were another drain on the public treasury; and Chang kept them for the execution of his own selfish!
toward the State, and again lantarily and wily plots, Luckily, these retired troops fully understood their obligation
formalated and developed for a offered to disband themselves. Thus, we
siderable length of time..
con-
That the beautiful Avenue des Clamps & Gang also Reted as Lieutenant-
wise, will become imperative. By turn- ing out the Congregations, the nominal raters of France have set the many-Elysées constitutes a considerable asset in hended in power, and they are harder the budget of the town or City of Paris is musters than either the priests or even probably not generally known. There are the nobles ever were. The bourgeois is a
no fewer than 33 commercial concessions long-suffering animal, but of late he has in connection with the Avenue, Some of shown signs of agitation. Further, Social-them bring in a great deal of money, such ism has so swelled the heads of the people as the right to sell toys to the children of the bourgeoisie in particular-that and the right to let chairs at two and its demands are rapidly becoming intoler-four sous each. able, and are bound to end in national Avenue also brings in money to the City, Advertising in the
disaster.
but not much, for the rustic beauty of the Owing to the sharp rise in the cost of Avenue is jealously guarded. The four Mr. Needham If I can prove the damn living a
little donkoys who are allowed to pro- age. I do not adant we have fixed the
menade under the trees are taxed 100 damages by that notice. Assuming the among certain French physicians to aug- defendant is wrongfully holding over, ment uniformly the hitherto prevailing our damages have already accrued, and charges for their professional services. we are entitled to those damages.
His Lordship-You are not bringing An unmarried doctor must earn about this action for ejectment at all; simply 8,500 franes (£340) annually in order to for damages ?
Mr. Needham-For damages.
His Lordship-How do you assess the damages?
!
Mr. Needham--The plaintiff has been pat to a tremendous lot of inconveni- ence and probably be has lost a prosper, ive tenant which he had, owing to the defendant holding over.
His Lordship-What rent was the new tenant going to pay?
1
DOCTORS' PLES.
movement has been started
cover expenses, and yet, according to statistics recently issued by a medieal writer, out of 20,000 French physicians 40 per cent. make more than 10,000 francs (£400).
NICE-MONTE CARLO RAILWAY,”
franes a year each, while the goats with their carriages have to pay half that |amount (50 frozes) euch augually.
EQUINE MUSEUM.
#
In the night time, he marched through the streets, and greatly scared his soldiers in a most disorderly way the inhabitants by careless firing.
4. He seized the arms, munitions and food of the squads of soldiers quartered in the outlying districts,
5. He took, by sheer force, the steam- launch Li-chany, of the Railway office, for his private use.
Chs. J.
[33
Gaupp
& Co..
ALEXANDRA BUILDINGS,
CHATER ROAD.
stock of
SCIENTIFIC AND
Me Chan-as of the Volunteer Corps to Always, have on hand a very large- complete
U-HC secretly instigated Captain
induced Shih Haing-churn to increase the number of men; and he Bob the support of the Consular Body by pro- mising him the position of Directorship of the Hupeh, Bureau of Foreign Affairs
their when
содарітасія
fructified. These two men withstood his tempta SURVEYING INSTRUMENTS
7.He took certain girls of families on, and so his plots were frustrated, of good standing to be his concubines; and he incited a certain newspaper to advocate his cause.
Transits, Levels, Plans Tables, Prismatic and
Sight Compares, Hund Lovels, &c., do,)
_also_
INSTRUMENTS
AND MATERIAL
so-called 8.He secretly organized a There has just been opened in the Republican University," and said in! ancient Château at Saumur, where the a speech there that our object in view French cavalry school is situated. A could hardly be attained unless we had DRAWING Plaster casts, drawings, and skeletons lions of people be shed.
Musée Hippique," or Horse Museum. several revolutions and the blood of mil-; trace the evolution of the noble animul
9. He onco com inded a company of from the Tertiary period up to the pre- armed ran and compelled the Hupel sent day, while there is a very fine collec Bureau of Education to offer him the tion of truppings, caparisons, bridles, money allotted for the use of Education. (1 Squares, Bet Equares, Straight · Edgen bits, and spurs of all periods. The skele
10. He asked his accomplice Fang ton of Flying Fox, the Duke of West-Wei to form a secret alliance with Li
·Scales, Inks, &o, đo) minster's famous racehorse, bought by M. Teung-yi a cashiered officer, and also 37,000 guineas, is a notable feature of the recently executed, for the purpose taie Edmond Blanc for the record price of with Tso Ta-chung and others, who were tributing their men to hold all strategie "THE MIDDLE"LASSES Positions and to plan to rise all at once. What about the neglected Middle this was known to all the people in this That Chang was the prime mover of all Classes After being overlooked for a long time, M. Pierre Mille, the well-
place. known delightful French writer, has taken
Nice and Monte Carlo are favourite tourist resorth; these two places are to Mr. Needham-110 a month, I believe. be further rendered attractive by being propose later on to put the plaintiff in connected by a tube-a railway of the the box so that he may prove his damage. Karup high-speed system. The "bridg-Museum.
His Lordship-Your position rests on the case you quoted Ahern Bellman, ing work will commenon next tutunin,
Exchequer, Law Reports i
FURTHER CHARGES,
Besides the ten charges against him
On March 1st, 1911, he granted a five They say you are entitled to damages at takes 35 minutes, and the transway 75 workman; the man who stands between can not stop to cite here all his illegal.
years' lease to the defendant. That was "the release on which defendant relied,
Mr. Needham-Yes, and there are other
and by the end of 1913, the first section points I am going to raise. The first will, a being well, be opened to the point is that the latter part of our notice public. There already exists an electric to quit is merely a threat. Whether we tramway and a steam railway between up their case, and called public attention enumerated above, Chang extorted thou can force it or not is quite doubtful, but it does not in any way take away our Nics and Monte Carlo, cach carrying a middle-class man in Paris is
to their bitter cry. We are told that the sands of dollars for the purpose of man strengthening his conspiracy. Fe right to damages.
large number of passengers amounting to without a dwelling. There are fats travelled much between Peking and Wu- over millions & year.
The railway for the rich man and flats for the chang to try to realizo his arabitions. I
notary of Grenoble, M. Magnet, explains these two is apparently forsaken. A acts
At first, I recommended him to be Pre- how much better things are managed insident Yuan's adviser, then to be Special the South of France, in Dauphiny to wit. Commissioner in charge of the reclama- Grenoble builds its houses on a co-operation of lands in Manchuria, and after- tive principle. The man who cannot wards to be an Inspector-General in afford to erect a dwelling himself meets Mongolia; and this was done simply in others who are in like case, and together view of former meritorious acts, and also they accomplish what individually would in the hope of his personal reformation. Seizing this se a pretext, Chang that he should bo be impossible to them. The result is that some of the buildings are the joint pro- demanded perty of ten owners. M. Pierre Mille has given command of a well-equipped and given his benediction to a movement for well-paid army and that a special office Without pormis- introducing the Grenoble system into should be organized.
aion, he organized a land-reclamation Paris. If not, why not?
office in Hankos which wasted over à All thousand dollars each month. papers in connection with the offies are still kept on file. Nevertheless, Chang's ambition and indulgences knew bounds, and his numerous offences had pardonable.
stopping on?
His Lordship-They don't say it lock. the rate you have fixed.
Mr. Needham What they say is that minutes; by incans of the new Kearney the latter part of that offer creates and which he admitted was prepared by tenancy at double the rent cats a new high-speed train, the journey will only the sane solicitor acting for both parties, on. They have also got to prove that occupy 2 minutes,
The new line will and which it was admitted has not been their client accepted the offer.
start from Nice as a gravity tabe railway registered up to this day. Counsel re His Lordship--Didn't he accept it by at a point opposite the Casino, and will ferred his Lordship to the Land Registra- Mr. Needham-No. I am prepared to
continue in a tube to the outskirts of the tion Ordinance, and pointed out that by argue on that point. Assuming you are town, a distance of 13 miles. Then for section 3 a lease which was not registered against me on the first point, then I sab-nine miles the line will be a surface rail- was absolutely null and void to all
part of that clause to is an offer of away, and will then once more enter a tube intents and purposes as against any new tenancy at double the rent, which three-quarters of a mile from the subsequent bona fide purchaser. The next offer they must accept. They cannot terminus at Monte Carlo,
zempt it simply by staying on and taking thing that happened to the property was
up a mero passive attitude. The defen-
Were the laws of health properly en- that on the 11th October, 1911, when the daut has never signified to us in any way: agreement was entered into between the his intention of acceptine that offer. On forced in France, declares Professor the contrary, he did not only not accept Chantemesse, who is a member of the executors, who were the legal owners fit, but asked us if we were prepared to Academy of Medicine, and Inspector the property, and the plaintiff, to sell enter into some other contract altogether. General of Hygiene at the Ministry of day night on the Hongkong Club and already made him intolerable and un-
mit the most you can construe the latter
HEALTH HYGIENE,
ALLEY BOWLING.
H.K.
Club
855-
-A friendly match took place on Wednes-
Mr. Needham then read, some of the
German Club Alleys, the German Team the property, there was some doubt as to whether they had power to sell it, and correspondence which bad passed between the Interior, or Home Office, some 200,000 winning by the handsome margin of 984
the parties.
lives annually would be saved. The Pro points. A feature of the game was the The following it was agreed that they should sell it
Mr. Shenton said that notice had been' subject to the approval of the Court. On given his client to quit, or else pay double fessor severely condemns what he calls the fine score of H. Adam.
0. Gé November oth the Court approved fluent The defendant was prepared to incoherence and insufficiency of French were the scores.
manja sale. On November 21st the agreement stay in the premises, and to pay the legislation on this subject, and the evil
750 doable rent because it was inconvenient is rendered graver by the absence of. Adam
Th. Christiani. 770
730 was registered in the Land Office, and for him to get out at the time, therefore
adequate administration. The French E. Hansemann 72 709 prior to its registration a search was
After further argument the case was public are described as exceedingly care-H. H. Eggersx, €20: mada to see if any encumbrances had been
adjourned until-te-day.
less, as sanitary laws and greater precau registered against the two lots on which
THE JUNK OWNERSHIP ISSUE. Judgment was delivered in the issue infion in this direction would considerably the house stands, but it was found the nothing except mortgages had been re-
gistered up to that date. Plaintiff had no notice whatever of defendant's lenso.
he hearing was adjourned,
he accepted the plaintiff's offer.
780
the action between Si Muk Sui and Fan reduce the death rate. The enforcement of P. Kunze
809
743
Tin Tai, in which bis Lordship was asked sanitary regulations in municipal areas H. Humphreys 735 A. B. Pollock, 702 This is to say whether Fan Kwok Shi was is in the hands of the Mayor..
W. B. Rigden. 068 entitled to an interest in the junk as the person entitled to administer. His Lord nothing short of deplorable, declares the ship found in favour of Fan Kwok Shi. Professor, considering that the Mayor is
687
092
€20
WHY CRANO WAS EXECUTED IN PEKING.
по
As Chang had a considerable following at his command in Wuchong, it would have been extremely unwise to arrest him hers and have him executed. If the ar Total.
rest and execution should fail, it would 1,811 work good deal of havoc, and the city 1,500 of Wachang would be in grave danger, 1,441 Besides if Chang was not arrested and 1,380 sentenced to death by the Central Gor- erament, how could it be possible to make -5,938 his death a sufficient warning to others? -
When the news of the execution of Chang 1,552 Chen-wu reached here, the people of Wu- 1,422 Han immediately felt a sense of relief 1,394 and their cheers were as loud as
No man 1,288, thunder-peal.
could fail to notice the appearance of satisfaction and 5,654 ease in the people, since the root of all
evil had been removed.
GENTS FOR
W. F. STANLEY- & · Co., LTD.
LONDON.
E. R. WATTS & SON, LTD.
LONDON.
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