AN ALIEN ENEMY'S RENT. INTERNMENT DOES NOT SUSPEND
CONTRACTS.
An important judgment was delivered at the Summary Court yesterday by Mr. Justice Hareland, in the action in which Mrs. Hickie sued Messen Lowe, Bingham, & Matthews, is liquidators of the estate of 1. Beilken, an alien enemy, for the sum of 440, being four months' rent of No. 26. Belilios Terrace, for the months of November, December, January, and Feb- ruary last.
His lordship, inter alia, said-It was agreed between the parties that this nction should be disposed of by the trial of the following issue-Whether the local Government in interning the defen- dant nullifies or supersedes the contract.". I would first refer to a point raised by Mr. Dixon as to whether the potion can be maintained having regard to certain words in Section 7 (11) in the Alien Enemies' (Winding - up)
Amendment Ordinance, No. 30 of 1914.
The words are "Every liquidator shall be entitled to retain out of the assete.. (a) the rent of any business premises. formerly occupied by such alien enemy which shall accrue while such premises are occupied by the liquidater for the purpose of such winding-up."
It was submitted by Mr. Dixon that having regard to the wording of the Section, the liquidator was only authoriz
d-to-pay-the-rent of the business premises. formerly occupied by the alien enemy, but not the rent of his private-dwelling. It is very clear, however, from the wording of Section 5 b-sections 1 and 8, of the
principal Ordinance that the liquidator appointed is to wind up the personal affairs of an alien chemy, which would include the rent of his privato dwelling.
I am of opinion that this case should be decided having regard to the leading case of Parudine e. Jane (1647), Aleyn 26. His lordship read the report, which was follows:--
CHIEF OFFICER'S CLAIM. THE CUSTOM OF 24 HOURS' NOTICE.
The case was resumed at the Summary: Court yesterday in which 6. W. Ellis, a the Phranang master mariner, suas Sternship Company, 20, Des Veax Road. The claim was for $472,50, being as to $247.50 for 33 daye salary, and also as to $226, balane thereof for damages for wrongful dismissal.
Mr. Gardiner was for plaintiff, and Mr. Shenton represented the defendant Company
Mr. Gardiner salt at the outset that. he withdrew his statutary point because it was obvious that plaintiff was engaged under no agreement that his verrieg 21 hours' could be terminated with a notice. As to the question of considera- tion. Mr. Gardiner said that it had been shown that the enimpang were so much satisfied with the plaintiff that his salary was increased and he had been moved from Second Officer to Chist.
Ilis lordship observed that a 24 hours' notice seemed very extraordinary.
THE HONGKONG DAILY PRESS, TUESDAY, MAY 18TH, 1915.
OVERSEAS AIRCRAFT FUND.
SUBSCRIPTION LIST NO. 2.
COMPANY REPORT,
PEAK TRAMWAYS CO., LTD.
The Report of the Directors for the year ending 30th April, is as follows.
Gentlemen, The Directors now beg to submit to you their Report and Statenient
of Accounts for the year ending 30th April. 1915.
The Net Profit for the twelve months. after deducting Directors Fees and General Managers Remuneration and providing for loss on subsi- diary
and silver coins,
amounts to $27,031.94 To which has to be added the
Mr. W H. Smith'
100
31. Thos. Arthur
25
Mr. A. B. Avası
25
Mr. E. Pabaney
230
Dr. F. Keyt
50
Hon. Mr. Cinnd Sovera
50
Mr. A. C. Hynes
50
Mr. H. Thomas
30
His Hon, Sir W. Recs-Davies.
Mr. H. P. White
100
Mr. F. Reichmann
30
E. MF.
-10
Messrs. Noronha & Co.
25
Mr. Ho Wing
250
Balance
Mr. Ha Shai Kit
30
brought forward
from last account -
2,242.10
Mr. Ho Bhai Wa
10
"Mr. S. L. Ho
10
Mr Ho Check
10
Mr. S. K. Ho
10.
Making available for appro-
priation
$29,306.01
--Mr. W.-R. Clark wi
20
Messrs. J. R. Michael & Co.
200
Mr. A. H. Skelton
160
Mr. Dunoon Clark
150
Mr. H. H. Sandeman, Canton.
10
Mr. G. C. Kitching, Canton.
20
·A.
40
Mr. G. M. Young
100
Comadr, H. C. R. Boucher, R.N.
· · a ·
Mr. C. Beswick
- ព
15
Mr. Goo Piercy
50
16.110
M. A. M.
Previously acknowledged.
$18,045
N. J. STABB.
Hon. Treasurer.
Hongkong, 17th May, 1915.
The.Directors recommend that a Divid end at the rate of 7 per cent, per annum absorbing be paid to Shareholders, $21,000.00, that 83,000.00 be transferred to Reserve Fund, and that the Balance of $2,306.01 be carried to a new Profit und Loss Account.
DIRECTORY
In accordance with Rule 73 of the Com- pany's Articles of Association, Dr. J. W. Noble, Mr. J. Scott Harston, Mr. C. B. Cubhay, Hon Sir Paul Chater, C.M.G.. and Hon. Mr. David Landale retire, but being eligible offer themselves for re- election..
AUDITORS,
The Accounts have been nudited by Messrs C. Bernard Brown and A. R. Lowe, who offer themselves for re-election.
HENNY HUMPHREYS,
Chairman
Mr. Gardiner remarked that this wast usual with all shipping companies, and added that it was a recognised custom among shipowners of the East that whon a man was a good one his services were retained and he recieved a retainer, That: was merely a custom, but he would not BADEN POWELL ROY SCOUTS Hongkong, 14th May, 1916.
ask his lordship to give judgment on it.
His lordship asked they reason why only 24 hours notice was given, and repeated that it seed extraordinary.
Mr. Shenton reminded his lordship that he gave judgment on that very point five years ago in the case of a Captain Austin against his Chinese employers.
His lordship-Yes, but what reason do you suggest?
Mr. Gardiner-1 assume that it in Lo give both parties a free hand.
His lordship-A work is bad enough, but 24 hours is extraordinary..
BUILDING FUND. SUBSCRIPTIONS RECEIVED.
Owing to the many charitable causes. for which subscriptions are being asked, the promoters of this Fund have not so far forced it on the public, and the following represents the individual efforts of the Scout Masters, principally Mrs. Raynor. We are asked to mention in case any others wish to help the movement, that subscriptions will be gratefully received by Mrs. N. J. Stabb (Treasurer Building Fund), and Lieut. E. R Kennedy 18th Infantry (Chief Scout Master).
Following is a list of subscriptions:- $200.00 H.F. Sir Henry May
50.00 200.00 Commodore Austruther, M.G.
Hon. Sir Paul Chater Hon. Mr. David Landalo Hon. Mr. Janu Chu Pak NJ, Stalb... Shewan, Tomes & Co. S. D. Dodwell H. P: White
A. Soares & Co................... St. Joseph College (Boy Scouts) A. Friend Hon. Mr. E. Shellim Mr. Ho Fook Mr. Ho Kom Tong A. Friend
Mr. Shenton-It may be that the local seamen look upon the river work as only temporary, and are continually looking In debt, the plaintiff declares upon aout for a better job. I see no other ren- lease for years, rendering rent at the four son.
Mr. Gardiner went on to say that be usual feasts; and for rent behind fur claimed that his client was obliged to re- thr years ending at the Feast of the turn to the ship because his services were Anunciation, 21 Cat., brings his action; retained. And the defendant company the defendant pleads that a certain Ger- had done this previously in the case of a man named Armory. This man was taken ma Prine, by name Prince Rupert, an away with small-pox, and all the time he allen-born enemy to the King and King was away he received his full pay. As to the point raised by the defence that dom, had invaded the Realm with a
there was no contract at all, Mr. hostile Aray of men, and that the same Gardiner remarked that it was clear force did entor upon the defardant's posses from the evidence, the attitude of the sion and him expelled and held defen parties, and the entry in the official log dant's possession from the 19th of July, tive of anything which Capt. Flashman that they were of one mind irresped
-18th Car., till the Feast of the Annuncia may have said.
The entry in the official tion, 21 Car., whereby he could not take log read:-"On sick leave, Mr. Ellis, the profits, whereupon the plaintiff first mate, signed off on sick leave, to re-
Whether the last Mr. Chan Kai Ming demurred and the plea was lesolved turn when recovered." insufficient.
few words were added after the signing Mr. Ho Tung (1.) Because the defendant hath not off made no difference at all. The Cap Montague Ede answered to one quarter's rent.
tain himself had said that if he had beenEllis Kadoorie. (2.)-He hath not averred that the Army in plaintiff's position he would have look-C. S. Gubbay were all aliens which shall not be intended upon the company as liable to pay his G. T. Edkins ed, and then he hath his remedy against wages when he was away. Be (Mr. GarW. Dickson them; and Bacon cited 33 H. 6, 1.dinar), therefore, contended that his client R. David where the gaoler in bar of an was entitled to some sort of compensation, A. Sheltoa cscape pleaded that Alien enemies broke As to the point that there was no dis the prison, etc., and exception was taken to it for that he ought to show of what missal, he referred to the remark used by Mr. Kew to plaintiff. "You are out of it," Only one construction could be placed upon that statement, namely, that plaintiff was dismissed, and the latter re- gurdled it as such.
Judgment was reserved,
PLAGUE AND HONGKONG SHIPPING INTERESTS.
Messrs. Pentreath
Mr. and Mrs. Pentreath Messrs. Montriv
W. G. Humphreys"..
B. W. Bacon
E. Gilb Chariton Thorne
Charles Beswick
conntry they were, viz., Scots, etc.
(3.)-It was resolved that the matter of the plea sas insufficient; for though the whole army bad boen alien enemies, yet And this he ought to pay his rent. diflorence was taken, that where the law creates a duty or charge, and the party is disabled to perform it without any default in bim, and hath no remedy over, there the law will exeuse him. As in the rase of waste, if a bouse be destroyed by tempest, or by enemies, the lessee is
A telegram was received at the Colonial excused. So in 9E, 3, 16, a supersedeas Ofice on April 12th from the Governor of was awarded to the justices, that they Hongkong raporting that one case of should not preceed in a ocssavit upon a cesser during the war, but when the party plague and occurred during the week end by his own contract creates a duty or ing April 11th. In this connection, says charge upon himself he is bound to make a London contemporary, we may note it good, if he may, notwithstanding any some remarks in a rect report by the accidents by inevitable necessity, because American Consul-General in the Colony. might have provided against it by his Mr. George Anderson, who, writing or And therefore if the lessee the anti-plague prcautions at Hongkong, Covenant to repair a house, though it be says there is little probability that the burnt by lightning, or thrown down by precautions against the transmission of onemies, yet he ought to repair it. Now plague which have been necessary for the rent is a duty created by the parties years in the handling of cargo at the bore, upon the reservation, and had there been a can be done away with. The regulations covenant to pay it, there had been no governing the treament of cargo in Hong- A. S. D. question but the lessee must have made kong forma considerable burden pat Mes Cheng it good, notwithstanding the interruption the trade of the port, especially in goods A Friend by enemies, for the law would not protect destined for the United States. him beyond his own agreement, no more.
he
contract.
Proût and Loss Account for the your ending 30th April, 1915.
DR.
To Loss on Subsidiary and silver
coins
To Chals and Stores To Charges
To Maintenance and Repairs To Rates, Crown Bent and Fire
o
Insuranco...
To Salaries and Wages. To Office Rent and Clerks Salaries To Remuneration to Directors..
to Remuneration General Managers 5 per cent.on gros earnings. To Balance as per balance shoot...
CE.
Br Trafo Receipts By Renta Br Interest Receivable 86,456,81 By Less Interest Pay
able
2,029.92
100.00 By Taster Fes
100.00
100.00
100.00
100:00:
ZZAVILITIES.
INTIMATIONS
LANE
CRAWFORD&Co.
SPORTS DEPARTMENT.
JAQUES CROQUET
AUSTRE HOL SPASZE
SETS
COURSE SOCKETS)
CONTAIN 4 ASSOCIATION MALLETS (0" X 3"), ASSOCIATION HOOPS, COMPOSITION BALLS. PEGS. FLAGS, CLIPS, RULES, ETC. COMPLETE IN STRONG WOOD BOX,
JAQUES CROQUET MALLETS.
3.440.18 12.029.79 14,116.66 4,495.87
"EXCELITE”.
CROQUET
1.083.03 25.901.57
BALLS.
*0,000:00
·2,500.00
4,71341 27.063.94 800.238.46
8
ASSOCIATION
MALLET
PRICE $7.50 EACH.
87.241.21
544.82
4,426,39 27.00
892,238.45
100.00 Balance sheet no 30th April, 1916.
100.00 Authorised Capital 8750.000 divid-
ed into 76,000 shares of $10 each Issued Capital 23,000
shares fully paid up $250,000
50.00 Isanoi Capital 60, 50.000
shares 81.00 paiti up.
100,00
50.00
50.00
60.00
300,000.00
50.00
Reserve Fund 50.00 last Account
As per
$44,000 10,000
54.000.00
29,000.00
5.615.10
2,406.00
9,608.77
50.00 Sinos added ... 30.00
50.00 Mortgage R. B. Lot BO 50.00 Unexpired Season Tickets.
count from het-your... 82.242.10
count for the year... 27.063.94
ДЕВКТЯ
Permanent Way and Concession
old line.
20,00 Porminent Way
10.00 Permanent Way and Extension
Account
10.00 10,00 Stations, Crown Leasệm
GLISGLOS'
CROQUET
BALLS.
ALL-ENGLAND” MALLET
PRICE $5.50 EACH.
LANE, CRAWFORD & CO.
66
THEATRE & ROYAL.
RETURN AND FAREWELL VISIT. FOR 3 NIGHTS ONLY.
COMMENCING
THURSDAY, MAY 20TH,
HENRY DALLAS
Presents
R. B. SALISBURY'S 00.
THE QUAINTS."
CHANGE OF PROGRAMME NIGHTLY.
$3, $2 AND $1.
PLANS NOW
MOUTRIE'S.. COMMENCE AT 9.15 P.M.
99
25,00 Unclaimed diridends
25.00 Sundry Creditors
25.00 Profit and Joss
de-.
25.00
25.00 Profit and Loss Ac
25.00
25.00
25.00
Lo Consal-General de France et
Mademoiselle Lichert
29.308.04
8430,026.71
25.00
Hon. Mr. C. Severn Mr. Ho Wing
25.00
25.00
1
200,000.00
E. H. Sharp, K.C.
20.00
line
ду ΡΕΣ
Jast
W. Hodge
20.00
account
Messrs. W. Powell, T.
15.00
A. Friend
10,00
**** 830,505.20 Loss Transferred to
Extension nje.. 1,645,00
PRICES
C. D. Melbourne
10.00
28.550.29
2,660.00
Hongkong, 17th May, 1918,
19.00
holds and Buildings
10.00
as per last Af/c......
$35.981.29
since written off....
2.000.00
33.9 1.29
10.00
10.00 Rolling Stock
27.04.28
5.00
Office Furniture.
Coals and Stores on hand in
5.00
5.03
Sundry Debtors
5.00
Cash in H. & S. Bank 888,498.81
5.00
Cash and C'doro, Or-
5.00
ders in hand
5,025:80
5,00
93.974.11
1:00
.1.00
$430,026.71
2.00
10.00
Directors.
·5.00
5,00
5,00
5.00
5.00
5,00
ug.
Dr. and Mrs. Marriott Monsieur Verstracten Dr. Macfarlane
Mrs, Middleton Smith
Wilkinson
W. Woodcock Collected by Miss Waudcoek Mrs. Chapple Monsieur Kremer Ó. I. Ellis G. H. May Dr. Johnson
i
10:00
TREATMENT OF HOSTAGES IN
GERMANY...
500.00!
.1.307.20
1.249.54
Mortgage on R. D. Lot 2140.000.00
J. SCOTT HAUSTON,
DAVID LANDALE,
JOHN D. HUMPHREYS & SON,
General Managers,
We report that we have examined the above Balance with the Books, Vouchers, and Securities and obtained all the in
by formation and explanations required
In our opinion such Balance Sheet is properly drawn-up so as to exhibit a true and correct view of the state of ther Company's affairs at 30th April, 1913, according to the best of our information and the explanations give us, and as
Chartered shown by the Books of the company,
Accountants.
Auditori
That Mrs. Pierpoint than in the case of reparations; this they are necessary appears from the fact Mr. B. Wong Tape- reservation then being a covenant in that the number of plague cas's register-Mr. J. M. Wong law-and whereupon an action of covenanted in Hongkong during the past year was Wei Wong San hath been maintained (as Roll said), it 2148, of which 2,024 resulted fatally, thus Un. Her Fun
Chan Pui, Sing is all one as if there had been an actual indicating a larger number of actual
Only 408 cases were reported in Kwok Ying Kuen covenant. Another reason was added, cases. thak as the lessee is to have the advantage 1913 as compared with 1,847 cases in 1902, of casual-profite-so-ho-must-run the The rise en fill of the number of cases hazard of casual lossen, and not lar is, says the Consul-General, peculiar. It whole burthen of them upon his lessor; is affected largely by the number of and Dyer 56, 8, was cited for this pur- Chinese coming into Hongkong from ad- pose, that, though the land be surounded, acent Chinesa territory because of poli- or gained by sea, or made barren bytical disturbances and for other reasons An official communiqué published by the French Minister of Foreign Affair; gives wild-fire of the lessor shall have his and then, too, it has been found that e
A. R. LOWE, whole rent; and judgment was given for year of heavy plague returns usually is letter addressed by a 60-year-old French
man who was recently taken from Bel-C. BERNARD BROWN, Í the plaintift
a civilian prisoner. His lordship set out a lengthy list of followed by a year of light incidence of
The greatest trouble from gium to Germany
the (writes Among the prisoners
Hongkong, May 13th, 1915. cases in order to show that the case of the disease.
Frenchman) were many of 70 and 80 years Paradine and Jane could be regarded a commercial standpoint has been in the
Two of these old men, who as a leading authority, and found in disinfection and control of the lighters in
had been obliged to lie down on bard
As a means of increasing war revenue favour of the plaintiff. His lordship Hongkong Harbour, which are necessary
boards, bad died of exposure. Two called the attention of the plaintiff's for the loading of goods. It is difficult to
proper disinfection of these hundred and forty persons were confined by indirect taxation the Imperial Gar solicitor to Section 2, sub-section 6, of the secure
man Treasury is giving fresh considera. in an open attic hardly big enough to Alia Enemies (Winding-up) Amond-lighters, though all goods likely to
the disease
tion to the project of a State cigarette ате disinfected
accommodate 80, and all these unh rout Ordinance, 1915, which declared carry
offered for shipment and
creatures were without a change of linen monopoly, which was frequently pro- that execution could only issue on the before
are given clothing. and
were not even provided posed in peace times. A banking syndi express permission of the Governor, all vessels carrying them
A wiek cate has been formed on the Government's although permission to take further pro thorough disinfection at least once every with any facilities for washing coedings after the issue of the writ of six months. The storage of goods of after their arrival they were covered with behalf to take over the well-known Jasmatzi cigaret factories in Dresden, summons has been obtained.
character to carry the disease is especial vermin.
Out of 1.450 civilian prisoners in our and the necessary funds will probably "Judgment was given for the plaintiffly looked after. All these precautions. with costs.
Mr. Sydenham Dixon (Messrs. Wikin. however, represent expens, which, of camp 920 died between October and the be raised by a public to. It is hinted
course. sooner or later is paid by the end of December. Five of these who died in the Press that other State monan
were priests..
projects are imminent. ron & Grist) was for the liquidators, and
American or other foreign consumer. Mr. R. K. Holmes for the plaintiff.
or more.
[584
WESTMINSTER SMOKING
MIXTURE.
$1.00
per 1. tin.
Westminster
Smoking Mixture
$1.00
per lb. tin.
It is a delightfully cool and finely flavound Tobices and it has the great advantage of keeping dry during this hot and damp weather. There are many smokers in Hongkong and the posts of South Chins who give up pipe sme king as soon as the damp and foggy weather set in, as their pipes become fool. If they will hry s tin, of this carefully blended Mixtare they will find they can enjoy their pipes with us perfech comfort is they do in the cool and dry season.
SOLD BY:
HONGKONG CIGAR STOBE,
FA. S. WATSON & CO LID
KELLY & WALSH, LTD. LANE, CEAWFORD & Co. VICTORIA DIPENJÁKY,
ngkong, 11th May, 1915.
1497