K Sports Shoes
K
an enthusiastic golfer Whether you are or walker, you will be pleased with this comfortable made, solid shot, every inch of which will stand the most rigid tests of hard usage. The designing has been contrived to give the greatest ease, which is so necessary in a sports shoe, and we can confidently recommend this shoe to give the utmost satisfaction.
Fitted with the new "Uskide" or Crepe Rubber soles and heels.
Mackintosh
MEN'S WEAR SPECIALISTS ALEXANDRA BUILDING..
& Co.Ltd
DES VOEUX ROAD
"hing George IV
Jong Storp: ""
-All Scout
أمر طلة
Old Scotch Whisky
а
All round the world it's King George IV.”
for
Quality
THE DISTILLERS AGENCY LIMITED EDINBURGH
SCOTLAND
SOLE AGENTS:
GANDE, PRICE & CO.,
TEL. C. No. 185.
LTD. HONG KONG,
THE HONG KONG DAILY PRESS, FRIDAY, SEPTEMBER 28th, 1928.
AN ALLEGED "LOCK-OUT."
EUROPEAN LODGERS' CLAIMS AGAINST
LANDLADY FAIL.
THE JUDGE'S OUTSPOKEN. COMMENTS.
"NOT EVEN NOMINAL DAMAGES.”
Judgment was delivered yesterday in the case in which Mr." and Mrs. A. Howarth sued Mrs. L. R. Young, of No. 2, Queen's Foad Central, for illegal detention of their baggage, damages for trespass, and for hotel expenses incurred by reason of their having been locked-out." of "efendant's fint, and also for losses caused by the consequent postponement of their voyage to Australia.
Mr. H. C. Macnamara who appeared for the plaintiff's, said nt the trial that the defendant had refused to surrender plaintiffs' belongings unless they paid a month's rent in lieu of notice. He contended that defendant not being an innkeeper had no lien on her lodgers effects and belongings.
Mr. Leo d'Almada, jnr., instructed by Mr. Leo d'Almada, nr.." who appeared for the defendant, told the Court that the dirangement made between the parties, was for monthly tenancy subject to one month's notice from either side.
In the course of his judgment, Mr. Justice Jacks said that he could not believe the plaintiffs' story about being obliged to cancel their passage to Australia as a result of the detention of their belongings. He could not even award them nominal damages. Judgment was given for defendant with costs."
THE JUDGMENT. ·
At the trial, points were raised as to what the defendant's position was and it was claimed on her behalf
that she had a lien for her claim for rent in lieu of notice. I reserved my judgment in order that I might carefully consider the evidence and the legal aspects of the case.
Mr. Justice Jacks said:-- The plaintifs in this action are Mr. and Mrs. Howarth, who after residing in Kowloon for sometime, decided in July to seek rooms on this side of the harbour. They got
"Not A Convincing Reason. into communication with the defend-
With regard to the evidence the ant. Mrs. L. R. Young, and event. ually agreed to take a room from plaintifs stated that they had lived her at No. 2, Queen's Road Cen-period: they were, residents and in Kowloon for considerable tral, for 865 from August 1st. The
not merely visitors here. They also plaintiffs say that they only took the room for ore inanth. The de-stated that when they took the fendant says they took it for an defendant's room they had already decided to go to Australia at the indefinite period subject to one
end of August, and that they no month's notice on either side.
informed the defendant. If this I will deal with this point later story is true. why were they so cr. The plaintiffs paid $85, being anxious to move their quarters at one mouth's rent in advance. They all! They were only going to be were to pay.50 cents each for such here on month. Mrs. Howarth gave meals as they had on the premises. as the reasor. that they wanted to Nothing of any consequence hap-be more centrul but this is not pened until August 14th after the
a convincing reason for a move at plaintiffs had been in occupation the last month, of the defendant's room for a fort night, when Mr. Howarth remark- ed at lunch that they were sailing for Australia on August 31st. This was a great surprise for the defend- ant who spoke to Mrs. Howarth about it after the meal and asked if the plaintiffs were really going at the end of the month and if they intended to give her notice as she would expect rent in lieu of a month's notice. Mrs. Howarth re- fused to give notice. From that time önward relations between the parties appear to have been some. what strained,
Baggage All Packed. On August 27th the plaintiffs say that they went to dine with friends at Kowloon and those friends sub- sequently asked them to penil the night there. They apparently did not take the trouble to send any message to the defendant to inforan her that they were not returning that night. The defendant said that as she did not hear them return, she went to their room at about eight o'clock the next morning, and found all their baggage packed and the sheets and blankets folded on the bed as though it was not in- tended to be slept in that night.
She accordingly locked the door so that the baggage should not be tampered with. At 9.30 .tn. Mr. Howarth returned and on finaling the door locked sought the defend ant and said that he wanted to take away his baggage. The de fendant said that he could not have it until she had consulted her solicitors and ascertained what her position was, unless he was prepar- M ed to pay her $32.50, being half a
WHITEAWAYS
ZARPIE SIEREO
|QUALITY – SERVICE – DURABILITY FAMOUS THE WORLD OVER "MARPLE" "SHEETS WILL OUTWEAR ANY OTHER MAKE OF SHEET AT THE SAME PRICE. MADE IN ENGLAND FROM PURE EJYPTIAN COTTON, IN FINE MEDIUM AND HEAVY WEIGHTS.
DOUBLE BED SIZE PLAIN HEMMED
MEDIUM WEIGHT..9.95 Pair 2 yds. × 3. MEDIUM WEIGHT13.50 Páir 21 yds. × 3.
SINGLE BED SIZE
PLAIN HEMMED
FIIB
HEAVY ...
.10.50 11.50
FINE
1
带帽
HEAVY
...15.50 ..14.50
13
ETXEA HEAVY.. 12.50
I 15
**
BXTRA HEAVY ...18.50
"
FINE...12.50
1
Я
FINE .. 16.60
PURE LINEN SHEETS
́SINGLE BED NEMSTITCHED. 25.50 Fair DOUBLE BED HEMSTITORED. 82.50 Pair.
WHITEAWAY, LAIDLAW & CO., LTD..
I believe the defendant's story. She was not keeping a hotel where people come and go every few days. She was earning her living by letting her rooms. She said she turned out of her own room and slept on a sofa in a living room for a time in order to find accom- modation for the plaintiffs, and that she would not have done this for people she did not know if they had been only going to stay for one munth. On this point I am doubtful whether the plaintiffs had any intention at that time of going to Australia at the end of the month or at any time in the immediate future. I am not satisfied that the plaintiffs made it clear to the de fendant that they wanted the room for one month only. I believe that they took the room on the defend ant's terms, that is, by the month subject to a month's notice on each side. I am satisfied that the de- tendant knew nothing about the sug- gested departure for Australia at the end of the month until August 14th.
Uncomfortable Arrangement For Hot Night.
I will now consider what happen-
SINGAPORE GANG
ROBBERS...
HEAVY SENTENCES.
SINGAPORE, Sept. 20th. Heavy sentences were imposed on' three Chinese gang robbers at the Singapore Assizes by Mr. Justice Prichard.
men,
The Deputy Public Prosecutor (Mr. N.: H. P. Whitley) said these armed with pistols and knives, went into ♫
house "in Alexandra Road. They tied up the occupant, a Chinese widow, robbed her of two rings which she was wearing. and stole $40 from a box in the house. They also took A gramophone and records.
The second accused evidently realised some difficulty in dispos ing of the gramophone because at one house where he took it and offered it for sale, after receiving a refasal, he dumped the machine and records. The children of the house later took the records into the house. In the course of their inquiries the police found these re cords and arrested the woman of the house. However, later in the day the second accused, having possibly found a home for the gramophone, went back to the house for it, and was detained by the
He neighbours. waa eventually handed over to the police. The other accused
were subsequently arrested. All were picked out easily by witnesses at an identifien- tion parade. The gramophone was found concealed in a pig-sty.
The first and third accused were
sentenced to seven years rigorous imprisonment, and the third to 10 19 strokes of years rigorous imprisonment and
the cat.Strait Times.
and after paying $32.50 under pro- test, he was informed he might take it. He went again the next morn ing-August 29th-with coolies sand took the baggage away.
We were not told whether Mrs. Howarth went with him. He was not certain
what time it was nor whether he cancelled the passage for Australia before or after he got the baggage. His account of it all was so very casual that I doubt whether the plaintiffs ever had any intention of sailing on August 31st.
According to his account the steamship company allowed him to cancel his passages two days before the "ship sailed as though it was quite immaterial to them whether the plaintifis went by that ship or the next, and in the end. Mr. Howarth said that the cancellation of the passage was not entirely, due to the detention of the baggage. I don't believe that the cancellation had anything whether to do with the baggage, or it there was in fact any cancellation at all.
The plaintiffs gave the defendant good reason for believing that they had left her by acting in the way they did..
Left On Their Own Accord
I will now deal with the plaintiff's claim: (1) the sum of 832.50 had been returned; (2) hotel expenses for the last four days of August; and (3) damage for trespass. I believe ed on Angust 27th. The plaintifs the plaintiffs left on their own ac although and according to their card on. August 27th. There was account-were not sailing until no evidence that they were sought August 31st, they had packed all to return with the intention of their belongings as though they continuing their residence. Mr. contemplated an even earlier depar- Howarth only went back to get the ture. They say that they dined baggage. Mrs. Howarth apparently with friends in Kowloon that even did not go near the place again. ing and that those friends asked As to the fourth item, damages them to spend the night with them for illegal detention of the plain-. which they did. The plaintiffs do tiff's effects and baggage, the de not say whether they sent to their fendant was not an innkeeper and room for the usual requireinenta accordingly had no hen on the month's rent in lieu of notice. Mr.
for the night, so I assume they plaintiffs' belongings. On the other Howarth refused to pay, both did not. The alternatives are that hand she had good reason to be parties consulted their solicitors and later in the day $32.50 was they went fully provided with these lieve that the plaintiffs had left her The and were going to evade any claim paid under protest. The defendant they managed without. said she then telephoned and said latter alternative would be a very she might have. that plaintiffs could have their uncomfortable arrangement for a baggage if they called for it. Mr. couple like the plaintiffs on a hot Howarth called in the morning of night in August. August 29th with coolies and took the baggage away.
Passage For Australia Cancelled.
In the course of that morning, he said, he cancelled his passage for Australia because he did not know when he was going to get his baggage back, but he could not say when he cancelled the passnge. He could not even remember whether he did it before or after he ob "tained the baggage.
*
The detention may have been wrong but what damage did the plaintiffs, suffer by reason of it i They said they had packed every- "I Suspect." I suspect that they went fully thing ready for the ship, there was no evidence that anything was left provided and that they had no in- out for use until the ship sailed. tention of going back to the de- The plaintiffs' account of what took fendant's flat, all the circumstances place is such that I am not pre- point to this. Life had not been pleas pared to award them even nominal ant there since the defendant had damages for the few hours deten heard about the proposed departure tion of their baggage. The plain- for Australia. All their belongings tiffs complain that they were unable had been packed ready for removal, to go and see if they had left any it only remained for Mr. Howarth of their belongings about their room, to go and get them. He has told but they have said that all "their us-that he went the next morning trunks and suit cases were packed La any event the cancellation Mrs. Howarth said she did not ready to be taken away, and they seems to have been premature and go with him. I should have expect have given no evidence that they unnecessary in view of the fact that ed an early return if she really in ever sought an opportunity to look the ship was not to sail until two tended to stay until the end of the around the room. days later. Mr. Howarth admitted month, and in view of her state- Jater that the detention of the ment that she had nothing but what baggage was not the sale reason she stood in. for the cancellation andra. Howarth's explanation of the can- cellation was by no mcans. con- vincing.
Paid Under Protest-
No Relief.
Further and other relief: I see no_reason for giving the plaintifis any relief. I do not consider that If Mr. Howarth's story that all they have proved to my satisfae- their baggage was packed-ready to tion that they have suffered any be put on board the P. & O. ship damages for which the defendant for Australia is true, it seems extra-ia responsible.
There was some argument at the ordinary that they kept nothing out but what they were wearing with trial about the legal relations, be- two days of August to be lived tween the parties to this action. through before the date of sailing. This was an involved and difficult of their voyage to Australia; (2) dr. Howarth failed to secure the question, which I have considered, baggage to the morning of August but now find unnecessary to deal 28th. The defendant refused to let with any further, as I have been him have it unless be settled her able to arrive at a decision on the claim. He went to see solicitors frets alone. I give judgment
(l'ontinued-on-next-Column), the defendant with costs,
The Plaintiff's Claim. The plaintiffs now claim: (1) Hotel expenses incurred by reason of their having to leave the de- fendant's flat and the postponement damages for trespass; (3) damages for illegal detention of their per sonal effects and baggage; and, (4) such further relief as the Court may think fit.
for
K. M. A.
CERAMIC & REFRACTORY PRODUCTS
CLINKER, PAVING, BUILDING
& FIRE. -BRICKS
STONE-
-WARE
PIPES &
GLAZED TILES
Ask for our Illustrated Catalogus—Compare our Prices and Inspect our wide Hange of Samples
THE KAILAN MINING ADMINISTRATION DODWELM & CO., LTD., Agents, Hong Kong.
Hong Kong Weekly Press
PUBLISHED TO-DAY
H.E. THE OFFICER ADMINISTERING THE GOVERNMENT AND THE COLONIAL SECRETARY SPOKE, IN OPTIMISTIC VEIN WHEN INTRODUCING THE COLONY'S BUDGET FOR 1929. FULL REPORTS OF THEIR SPEECHES "AP- PEAR IN TO-DAY'S ISSUE OF THE "HONG KONG WEEKLY PRESS. AND THEIR REMARKS SHOW QUIET CONFIDENCE IN THE FUTURE OF HONG KONG
Though the legal vacation in Hong Kong started this week a number of interesting reserved. judgments, of considerable importance in local commercial circles have been delivered by the Puisne Judge.
Our Canton correspondent reports the execution of many notorious Reda and a consequent easing of the situation. Marshal. Li Tsai Hsin is expected back at the end of the month, but is rumoured to have accepted a post under the Nanking Goverument which will entail residence in the North,
The struggle between Canton Merchants and the self-appointed Anti-Japanese Boycott Com- mittee continues but the merchants have nearly all been subdued."
The present phase of Chinese affairs when peace
and progress have become tangible possibi lities is of particular interest to all who have interests in the Far East. The summary of events provided by the WEEKLY PRESS is of the greatest value to those at home who wish to keep closely in touch with Chinese affairs.
36 Pages Price
30 Cents.
The Paper with the Familiar Yellow Cover,
[On Bale by all Regular News Boys:]
Annual Subscription: Hong Kong, 813; Post-Free-to- any address, $15; Quarterly Subscription, 83.75.
Orders should be sent to the
HONG KONG DAILY PRESS, LTD.,
TELEPHONE: 0. 12.
11, IOE HOUSE STREET.