Page
PORTUGUESE AT, LAW.
INTERESTING, RENTS. ORDINANCE/
CASE.
POSSESSION OF A HO· MỤN, TIN
RESIDENCE DISPUTED,
There was an interesting Rents Ordi- auce action dealt with in the Summary Court yesterday afternoon before fr. Justice Dyer Ball, in which two Fortu- these residents appeared to contest the possession of a house known as No. 8. Liberty Avenue, Ho Yun Tia..
The plaintiff in the case was Mr. Fran- eisen då Lur, of No. 7, Liberty Avenue, a clerk in the employ of the Union Trading Company, the defendant being Mr. Edunklo Duardo da Roza, of No. 8,
· Liberty Avenue, an accountant in the office of Mesars. Lowe, Bingham, and
Blatthews.
Mr. Le d'Almada appeared for the hinti and Mr. E. C. S. Broks repre-
sented the defendant.
The plaintiffs, as owner, claimed posses- aion of No. 8, Liberty Avruur, together with mesne proâts.
„Mfr. "d'Almada, opening his case for the plaintifī; said the action was brought under Section 4(E) of the heats Ordi- Dance. The plaintiffs needed possession of the premises as a residence for himself and family. Plaintif at present resided at No. 7, Liberty Avenue, and the defen- dant at No. 8 In July 1993 the plaintiff
and his sister-in-law contributed three or four thousand dollars in order to buy a
house with the object of residing in it
themselves at some Fature time. The money not being enough a moṛtgage was
THE HONGKONG DAILY PRESS, THURSDAY, AUGUST 287A, 1924
POSSESSION. CASE.
CAN A DWELLING-HOUSE- BE
SUB-LET AS A SHOP1.
INDIAN CONSTABLE'S FATAL THE SITUATION AT CANTON.
SWIM.
CORONER'S INQUEST.
JURY'S. SEVERE - CENSURE,
[FROM QUÀ CANTON (CORRESPONDENT]
STRIKE WILL GO ON." The question whether a statutory
The latest development appears that -tenant"bas power to sub-let a portion' of his bouse (defned as a dwelling-house)
At the Central Magistracy yesterday Dr. Son has agreed to conditional reloass as a shop was brought up in a possession afternoon. Mr. R. E. Lindsell and a jury the arms he seized while the Volunteers case yesterday morning, when Wong Ting comprising Mr. Lewis A. Tobias (Fore are calling for unconditional-delivery Son, landlord of No. 83, Wu Taing), Mr. M... Melinier, and Mr.The Volunteers have been much disap Street. Yaumati, sued the Ching Cheong L. D. Noronha, held an enquiry into pointed over the lack of faith on the pant firm in the Summary Cours for possession the circumstances attending the death of of Dr. Sun. While a committee of pro- and mesne profits. The plaintiff claimed Akbar Khan, an Indian constable eminent citizens were discussing a com that the defendant, unknown to him, took ployed on special guard duty on the sa promise with Dr. Ban over the anus ques
On Lee, on July 25th-
tion on August 25th, he ordüred some of possession of the premises.
Mr. C. E. S. Brooks appeared for the plaintiff and Mr. D. HacCallum was for the defendant.
Mr. Lindsell informed the jury that it his men to occupy the residence of Mr. appeared that on that date, the ceased Eim Pak at Sage Kwan.. one of the finest and some of his comrades bathed from a in the city. Mr. Chan, it may be men. sampan, and that Akbar Khan jumped tioned, is commandant of the Canton Mr. Brooks said the plaintiff was the into the sea,, and, was caught by the tide Herchants Volunteer. Corriand Com landlord of amongst other houses, No- and droward. he necessity for the en-mander-in-Chief of the united movement 3, Wu Tsing Street, which was one of quiry arose because no efforts seemed to throughout the province of Kwangtung. five houses let as family houses, or, to use have been made by the personnel of the the legal term. dwelling-houses. The On Lee towards rescue.
The strike of Canton business will go
tenant of this particular house. (ground
OD, according to reliable reports from Lieut-Comdr. F. C. Humot, RN, at Fatshan, where the whole people's move. floor) was a womas named Wong Yee present acting Medical Officer in Chargement is being directed. The merchanta The terms of the letting were conthined of the Victoria Mortuary, testified that will open their shops only when asked in the rent receipt. Part of the terms:
on July 9th ho examined the dend body to do so by the Police. It is understood stated that in case the tenant desired to of an Indian maky which was identified that a majority of the Palice in the dis- go into any other line of business be in his presence as that of Akbar Khan.tricts as well as in Canton have gone was not permitted to transfer the house It was in an advanced stats of decom. to any other tenant, but must surrender position, which made diagnosis of the the same to the landlord. That of cause of death dificult. Witness was, course, in legal parlance was in the however, of opinion that death was due nature of a covenant against a tenant signing his house to another without the consent of the landlord. It was also A covenant against the carrying on of business except the business which at the time of letting was carried on. Actually this house was let as a dwelling house and this was the only house of the five in which the tenant had attempted to sub-let, her houw now being used as a earpenter's workshop.
Mr. Brooks added that the person to whom this woman; Wong Yee, had at tempted to sub-let was the defendant in the case.
His case was that the defendant
to drowning,
SA
Sergt. H. W. Fraser, in the witness box, sal that on July 28th he was in charge of the police guard on the Tai Lee, which had arrived at Pakaai on the West River, from Hongkong. Some Customs officers called him to a wharf where he saw, in the water, the body of an Indian, dressed in khaki shorta Wit- ness had the body taken on board the Tai Lee, and it was brought to Hong kong on July 29th.
Sergt. D. Beid, officer-in-chief of the
over to the "cause of the people. · The
merchants will not freely and heartily discuss matters with Dr. Sun until their volunteers have got their arms back.
The situation in Canton. has its amus. ing as well as ita serious aspects. The rallitary go from one shop to another with machine-guns but, also with pincanls. to be posted outside each shop expressing loyalty to Dr. Sun Yat Sen Firms in the city are being thus forced to re-open. ed, but as soon as the guards are off to merchants close up other shops, the again. The Sincere Company on the Bund, Canton, had to remain open about 20 minutes- on the afternoon of August 5th, when a guard of nearly 60 from the Provincial Gendarmerie with two machine-guns was sent by the Cantor City Police to protect its opening for business. But the company soon advised
that day because of a change in the hours for business. It appears that the whole Canton business community has changed its hours of business..
with defendant, the latter's having an was in wrongful possession of the pre police guard of the" On Lee, giving evi- the Police that it had to close carlier)
raised, and No. & Liberty Avenue pur chased Plaintiff did not attempt to dis turl, the defendant until April this year. In consequence of the fact that plaintiff's mother expressed her desire to live with her son, and also in consequence of an expreted addition to the family in September, he considered his present house would not be large enough: Plain tiff had to arrange an exchange of houses
extra room. On April 30th plaintiff apmises. The proper tenant had no power Trouched his solicitor, asking him to give to sab-let without the consent of the defendant notice and offering No. 7 as landlord which was dover given; and, alternative accommodation which the moreover, the terus of the tenancy con- Ordinance required Defendant went to tained a covenant thai no other business see plaintif saying he had received the was to be carried on in the premises other núties and that it was hard lines if he than the business carried on at the time was only to have a month to get out and of the letting. nsked for an extension of #1 month. The landlord in the witness-box said Plaintiff agreed and asked defendant to he did not give permission to Wong Yee write to his solicitors on the point. De- ! to sub-let fendant did write saying he had been given another month in which to quit.
ALTERNATIVE ACCOMMODATION.
་
"
Cross-examined, witness admitted that when he bought the premises in June, 10%, he did not any anything. to bis tenants about or regulations regarding their tenancies. They were allowed to carry on as formerly:
dence, stated that on July 28th, the vessel was lying in the stream at Pakani. There was no rule preventing the guards from going for a swim when off duty. A num- ber of Indians come up to witness and reported that Akbar Khan had disp peared in the river.. Witness went along the bank, but he understood that the tragedy had occurred half an hour earlier, so nothing more could be done.
The whole newspaper fraternity in Canton has been aroused by the arrest on August 24th of Mr. Lee Chok Dor, local daily, for having prepared "copy" of the Canton Yan Kun Pan, a popular for his paper which the police censors did act approve of for insertion.
The belonging to papers supporting Dr. Sun, Canton newspaper men, including those
hold that the suppression of news and comments by prohibiting their publica- tion should bay served the purpose of censorship by the Government, and that the deceased in swimming from the punishment of writers whose manu-
An Indian constable gave evidence as to having joined another constable and
scripts are not views of the Govern- ment is a stop when even thoso close to shops in Canton have practically been forced to close down without the order of the general strike committee, as every piece of job work has to be approved of
to press.
Br. d'Alaiada said his Lordship would see that this letter was tantamount to an acceptance of the original notice without any remarks or objections whatsoever Mr. D. MacCallum said his defence was sampan' which was lying alongside the being raised. It was a tacit acceptance that there was a definite tenancy con-On Lee. As always, there was a strong-Dr. Sun should condetan. The printing of a notice to quit. The only polat de-tract between the principal tenant, Wong
There was no current running. Deceased suddenly dis- fendant raised was that he wanted a Yee and the landlord." month to leave the premises and his client privity of contract between the defendant appeared when he was about 20 yards reasonably acquiescel. This went on and landlord Fe submitted that the
away from witness. Witness did not go I person the landlord should have sued was until the end of May when the defendant Wong Yee and not her sub-tenant. He to his assistance or to look for him, being by the police agents before it may go again approached Mr. da Luz through
too tired at the time to go far from Messrs. Leo, d'Almada and Nephew and, therefore, asked that the plaintiff be non
suited. in an interview with hir. Remedios said
the ship. He and the other constable re. Mr. Brooks, in the course of his reply, turned to the On Lee, changed their wet. that he was in the unfortunate positions the carpenter, according to law, of not being able to obtain a house and should have enquired whether the tenant clothes for dry-ones, and then looked in view of tais, he was not going to com- I had power to sub-let, and quoted several from the shore. ply with the notice. Mr. Remedios com- amunicated with Mr. da Luz and a letter cases in support of his contention.
Our ease is that these sub-tétiants should never be there at all because Wong Yer could
was sent to Mr. da. Roza on May 28th. giving him notice to quit by not inter, never give them a ab tenancy." than June 30th. La lieu of No. 8, Liberty
His Lordship reserved judgment. "Avenue, plaintif said he could offer No. 7. Liberty Avenue (the house occupied by plaintiff) is suitable alternative cecom- modation. On May 31st plaintiffs re- His Lordship: Then your point is that ceived a letter from Mesars. Hastings and he does not want the house because of
Hastings stating that the alternative the increase of family Accommodation was not suitable, saying Mr. Brooks: No, it is just a question
that there were four rooms of which two of saving expense. were tiled, whereas defendant's house His Lordship decided that the defen- contained five rooms and that defendant | dant should be called to give evidenco. was going to rely on the protection of the Bents Ordinance.
The plaintiffs waited until July 5th when the writ was issued.
-owner.
AN INQUIRING SOLICITUR, ANN
Mr. Lindsell: So you thought more of changing your clothes than you did of your dying or possibly dead ccm- panion We did look from the bank.
Mr. Lindsell: After you had changed your clothes.
On August 24th, the Police shot a circular distributor for delivering hand- bills.
"BATTLE OF THE BOOKS.”
LOCAL FIRMS AT VARIANCE.
Before Mr. R. E. Lindsell at the Central Magistracy yesterday summonses were brought by Messrs. Kelly & Walsh against Messrs. Brewer & Company and the Chi- nese Commercial Press, for alleged in- fringement of copyright.
Mr. J. A. G. Leask was for the com- plainant firm, and Mr. N. L. Brewer re- presented the defendants....
At this point the witness returned a sequence of conflicting answers, but eventually asserted that he got on the sampan to go and change his clothes, fully convinced that his comrade was dead.
The Chincec "boy" of the Chief Offeer of the On Lee, gave evidence,
Mr. Brewer protested against the case telling how he went to his master and and said "Indian man go swim, fall being brought before the Court, on the down." A number of divergent answers. ground that the suminens was had be Cause it was directed against Brewer & made by the witness gave rise to an ex- clamation from Mr. Landscil to the jury, Company. It accused Brewer & Company Gentlemen, this witnes is lying," of knowingly selling books, and, Brewer Mr. F. E. A. Martin, Chief Officer & Company being a non-existent person- on the s.8. On Lee, stated in evidence that ago, could not do anything knowingly. as soon as he heard of the loss of an A summons, to be effective, must be either Ladian, he reported to the captain, who against the manager or partner. decided that nothing could be done so long after the fatality. Witness admitted that a boat could have been lowered, but remarked that there was no one to do it. The crew had gone ashore for tea.
Auswering the Captain Superintendent of Police, who watched the enquiry for the police, witness denied that an Indian policeman reported the fatality to him: or pointed out the spot where deceased had sunk
Defendant, in the box, said the plain tiff told him last April that he wanted the house as his mother was going to live ANTICIPATED ARRIVAL NJ
with him and thereby save $40 a month. The plaintiff in the box said that he Defendant explained that the plaintiff was a clerk in the employ of the Union and he were friends and they talked the Trading Company. His salary was $300 matter over. Defendant said he was pre- * month, He purchased No. 8. Liberty pared to pay him $40 a month extra. Avenue, in 1921 of which he was a part, Plaintiff said it was not a question of His reasons for wishing, to ne money but as they were friends they de- cupy No. & Liberty Avenue, were that cided to wash the whole matter out he was expecting an addition to his Witness went on to say that he tried family and that his mother was going to to meet the plaintiff in every way and five with him. The defendant had offered even put an advertisement in the paper him an increase of 840 a month but he to which he received two replies, both a svished to point out that it was not a which be did not consider suitable.. Wit question so much of money but a ques-ness said he had eight children and show tion of necessity,
ed that his present accommodation was The Captain Superintendent, of Police, absolutely necessary. A smaller house addressing the Coroner, asked that the would be no use for his large family. facts might be placed before the Harbour Cross-examined witness said his salary Master, for him to take any stops he was 5500 a month and in reply to a far-bought it, with respect to those certi ther question said that his rent was $85ficated on the On Lea, under the Merchant
Shipping Act.
Witness went on to say that there were plenty of vacant flats in Coronation. Road, He knew of one block of 48 vacant flats opposite the Kowloon Motor Bus Co., of which the rents were $60 to $85 a months, so, if necessary, the plaintiff a month, could have taken two or three of these flats for his family.
... Cross-examined witness detailed the
"How much do you pay your ser- vants asked Mr-d'Almada.
"Do you want to know the whole of members of his family and in counting my family, hudget 7" replied witness. his children included the anticipated Witness went on to say that is monthly arrival in September.
expenses amounted to 3000 to $700 a His Lordship: I am afraid we cannot į month. wait until then before wo decide this Further questions. na to Mr. da Roza's case. (Laughter.)'
nionthly expenses led to a spirited objec- Mr. Brooks submitted that he had no tion by Mr Brooks and his Lordship Caso to answer and pointed out that one ruled that beyond salary and monthly of the plaintiff's main reasons for want- expenses there was no need to sk' fur ing the house was because his mother ther questions.
י
was going to live with him so that he Mr. d'Almada: Do you suggest that could save $45 a month. He was not pre- the house plaintiff tendered to you is not pared to state which the plaintiff consuitable because it has only four rooms? sidered the greater blessing-having his Yea that is so. mother living with him or paying 345 a His Lordshin, ia delivering judgments anonth. Clearly it was the plaintiff's in- found that the alternative accommodation tention to save money at someone else's was hot in accordance with the stipulá-
xpense.
tions of the Ordinance. He would there fore enter judgment for the defendant.
(Cantinued on next column.)
The jury returned a verdict of "Death by Misadventure through drowning," and added the following rider,
Mr. Leask: In that case I shall ask your Worship to amend the summons to one against D. Pasco, trading as Brewer & Company.
Mr. Brewer: If your Worship grants this amendment, I shall ask for a remand of the case, as I know nothing about it.
Later Mr. Brewer said that he was not accused of knowingly selling books, as it was fairly common knowledge that he did "not sell books, knowingly or unknowingly.
Both summonses were adjourned.”
IT WAS THE OTHER MAN,
OFT-TOLD TALE THAT DID NO GOOD.
Two Chinese were charged before Mr. "We suggested that a severe centure E. W. Hamilton at the Kowloon Magis- should be given to the Indian police con- tracy yesterday with stealing a wooden stables of board, who watched the drown- | plank from à Chinese building contractor. ing man and made no attempt to save One of the latter's employees stated in him," and also a severe ceasure to the evidence that at 2 a.m. on Tuesday, he crew and officers of the s.n. On Ice, who was standing in a dark corner of his build- also seemingly did not do as much as ing shed, when he saw a man pick up some wood and make off with it. Wit- they could have done.”
ness gave chase but the man escaped. At Previous to the above enquiry," Mr. 1 pm on the same day, witness saw the into the facts relating to the death of The man was taken to Hunghom. Police Lindsell and the same jury beld another same man in a but, and called his master. Wang Wong, a coolie, who died in hos Station. pital at the Victoria Caol when serving A sentence of seven weeks hard labour, in default of fiaca, for offences against the Opium Ordinance."
After medical evidence had been heard, the jury returned a verdict of Death from “Natural Chums,"
The first defendant protested his in- nocence, declaring that the second man was the thief. His Worship placed no credence in his protestations, however;; but sent him to gaol with hard labour.for one month. The second man was dis- charged.
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