HEARD ON THE PEAK TRAM.
NO. 2: RECALCITRANT HUSBANDS AND
THE LAW.
(Mr. Lawyer and Mr. Married Man are again sharing a seat on the Peak tram. Time: 'D'a.m.)
Mr. M. M: What about the maintenance orderi
Mr. L. Here the Indy has a decided advantage. If her hus- band is proposing to leave tha Colony it seems to me that all abo has to do is to apply to the Court and have him arrested when he will be kept in prson until he has pro- vided security for his wife's main- tanance, or alimony-which is the better expression...
+
HONG KONG DAILY PRESS, THURSDAY, SEPTEMBER 8, 1932.
DILIGENT AND
FRUGAL.
ALL ON A HUNDRED DOLLARS.
CHINESE WILLS.
"I have been trading in Hong Kong for several decades (to sup- Mr. Married Man! I think a Mr. M. M.: But surely the port) a family of several tens," ran number of people have commented court will not put a coan in gaola Chinese will written by Yim Kit
that our last. conversation was a bit confusing.
Mr. Lawyer: The whole subject of domicile is confusing. It is one
I
Mr. L: Good heavens, yes. knew a man who was assisted by his friends home from Shanghai but he was arrested in Hong Kong
of those subjects over which elder on accouns of a drink bill.
SHAMEEN OFFICE BURGLED.
BUTTERFIELD AND SWIRE SAFE BROKEN OPEN.
INTRUDERS GET AWAY WITH $6,000,
FOOCHOW NEWS.
TYPHOON AND CHOLERA.
(From Our Own Correspondent.)
Foochow, Aug. 31-The first part of the month. was unbearably hot owing to the humidity, with the thermometer registering only (From Our Own Correspondent.) 99. The oldest inhabitants do not remember it ever boing so hot. The typhoon, which went inland near Santupo, sixty miles from here, broke the heat and we had a de Juge of rain for two or three days,
SHAMEEN, Sept. 6. Residents in Shameep in general, and the business community in
Kiu, 71 years of age, who died on January 0 this year. The will goes on to say: "What I have accumu lated is not much. As I am old particular, received something of a which cooled down the atmosphere and seriously ill, I am afraid the shock when they learned yesterday and made breathing easier. No! ly meu, who have given it deep. Mr. M. M. But did he go to nexpected event may happen to me
that somebody broke into the offices of Mosers. Butterfield and Swire Kuliang a number of tiles were damage was done here but up at .study, are inclined to come to prison? blows. I am neither aktorly nor
The testator then directs how his over the week-end and after forcing blown off the houses and in a few have I given it deep study.
property is to be divided between open the office safe docamped with his four sons and concludes: "After the sum of six thousand dollara
(Hong Kong currency}," sama has been equally divided in
Mr. M. M.: So far as women are concerned you think that they Have no say at all with regard to their own domicile for the purpose of proceeding under this Divorce Oridinance. Mr. L.
That is certainly true.
What remedy has
Mr. M. M.:
a wife got?
Mr. L. She seems to have three
ways of approach.
Mr. L.: I think in that case hel used the money which had been subscribed to
send him home to save himself going to prison.
Mr. M. M. But how long will they keep him there 7
Mr. Until he puts security.
up a
Mr. M. M. Suppose people do not like him, and he has neither nasets nor, security.
Mr. L. I should say that if he could satisfy the judge that he is
(any moment)."
Following the 'report of the
the future I hope you four persons burglary. I called upon the head of
will co-operate and tide over all difficulties and be diligent and frugal and with a view to carry into
effect all constructive schemes. So use your endeavours and be care ful,"
Probate of the above will was
the Police Force here but that gentleman had nothing to say be yond stating that he did not wish to make any statement at this The sum mentioned above was therefore, "unofficial" but as it was named by a member of the
stage.
casos, where the occupants had been neglectful, abutters etc. were wrench. ed from their hinges.
Kuliang Baaron.
The Kuliang season is practically at anend and a number of visitors from other ports and inland places have returned. During the month the usual tennis matches. between Kuliang and Foochow were playea resulting in a win for Kuliang, 4-1,
(1) She can sue for divorce and without means altogether, and notTanted to Yim Chiu Ting and Yim firm victimised, it may be taken and in the return match played at
hope for the best on the question likely to get them, then the Court Chiu Ki. The estate was sworn nf domicile.
could show he had would be a good should not he kept
would not make an order for his under $100 (nominal). (2) She can sue for judicial imprisonment The Court has a separation, regardless of domicile. discretion and I should think that providing the husband is in the if the husband Colony and she is willing to come no means that to de Colony for five minutes reason why he while a petition is being filed. All¦ in gnol. ' that is necessary for judicial separation is that the husband and wife should be physically in the Colony at the precise moment when the petition is filed.
Mr. M. M. Suppose he has got means out of the Colony ?
Mr. L. That would be reason for keeping him in gaol.
Mr. M. M.: Suppose the wife is (3) She can do what she can do suing for divorce, and the husband now-go before a Magistrate and says he has no doraicile in the apply for a separation order which | Colony 7 will apparently have precisely the saine effect is a judicial separa tion.
Mr. L.: Unless it is a very clear case most judges would say that the question of domicile would, Mr. M. M. Then if she can get be decided later, and he must put such an order to-day will she get up seerrity in caso an order should just the same under this Ordin- | he made against him. ance 1
Mr. M. M.: That means that Mr. L. That question will re- unless the defendant is a man of quiro consideration. The proce- considerable substance be is not in dure before the Magistrate would fact able to fight the question of be cheaper but in case of default | domicile ? by the husband the order might be more difficult to enforce.
Mr. M. M. Then what is the value of a judicial separation?
Mr. L. It caubles the wife to live apart from the husband and
Mr. L.: The judges, I think, will want to be satisfied on the question of domicile in every caso.
Mr. M. M.: But the defendent has to wait until the case is finish. ed1
as accurate.
First of its Kind,
Wife to be Consulted. Probate of the will of Wai Lui The burginry was committed on Tai, who died on January 10 this Sunday night when there was year at 128, Caine Road, was granted] nobody in. Hitherto, the burglars to Wai Kam Man, medical practi- in Shameen confined their activities tioner, and Wai Yan Po, merchant. to petty larcenies and nothing more Testator left all properties to his serious than house-breaking formed three sons, Kam Man, Cho Chow all the "crime" here. and Yan Fo." With regard to the "new departure" of the burglars division of my said property," states is causing grave concern and in the will, it shall be for my execu-vestigation into the matter is being tors to consult my wife, Wai Loung.carried out very closely. Shi, and my daughter-in-law, Wai Ho Chi King, now a widow, in deal- ing with same."
More Family Bequests. Shiu Kum Tsuen, who died on April 14 last year in Canton; left estate of $57,300. Probata of his will was granted to Chou Chi Hing, merchant, and Shiu Shin Po, rent collector.
Foochow the tables were reversed, Foochow winning by 3-1. A large attendance both as Kuliang and Foochow watched the match, and at the close tea was provided.
to
records are
Cholera Scourge, Cholera, has at last found way here. It would be impossi But this give numbers as no
kept. but the Chinese have been dying in the streets. Doctors were kept busy for days inoculating peo- ple, and it is really surprising the number of Chinese who came for ward for this operation, which shows their fear of the foreign doc. tor is gradually being overcome. So far there has been one case of a foreigner, but fortunately it has not proved fatal,
JAPANESE INVASION
RECALLED.
ANNIVERSARY TO BE
OBSERVED AS HOLIDAY,
(From Our Own Correspondent,)
CANTON, Sept. 6.
It is reported that about 3,000 troops of the 18th Route Army ar- rived during the month, but the old officials of the Government are still in power. Graft and squeeze remain the order of the day, the roads are neglected, and Nantai is a mass of rubbish heaps which do not forget to let you know they aro
Testator made a number of family bequests, including an allowance of
It would appear that the Chinuse 80 a month to his wife and $15 a month to each of his two concu are determined not to forget "the. bines. Testator allows $10 a month fercible occupation of Chinese ter to each of his two daughters and ritory in the Three Eastern Pro-thore.
1,000 a year for each of them until vinces by the Japaneso invaders? the sum of 810,000 has been reach-on September 16, last, for at a Mr. L. No. I think he mighted when the money shall used to meeting of members of the Execu raise the question of domicile im- purchase some landed property for tive Committee of the City Kou. mediately, and would be able to each of them.
mintang in Canton laat week, it ask that the petition be set on one- The will also grants 85,000 to cach was decided to adopt an elaborate side on the grounds of do jurisdic of the teatator's two sons, and $4,000 programme for holding a memoria! Mr. M. M. But cannot the etion because he, the defendant, is to each of the two daughters as mar-service on that day, Magistrate do all that i
riage expenses.
the question of the custody of the children to be settled. It also en- ables the wife to get Anancial as sistance from her husband on au order by the Court.
Mr. L.: Oh, yes.
Mr. M. M. Then why the judi- cial procedure?
Mr. L. It enables the wife to choose who she prefers, a judge or a magistrate.
Mr. M. M.Why does the Bill provide that if the husband fails Lo comply with the order for re- stitution, if the husband has been guilty of adultery, the wife can then ask for divorce?
not domiciled hore.
Mr. M. M. But don't you have
to pay down security for a defence
Concubine Provided For.
Probate of the will had codicil of
on these lines, in the same way Ho Chi Nam was granted to his
The meeting decided to hold a
at mass meeting
the East Parade Ground, and to hold a
sections of the community will take ali monster parade in which
that you have to pay down secu-widow, Ho Chan Shi, and to Ho part. The parade will end up with rity if you wish to appeal? Kwok Hing merchant. Deceased
Mr. L: You can stay in prison and fight from there.
Mr. M. M. But can he avoid prison if he wants to fight but cui't put up a security?
SUMMONS AGAINST QUEEN'S THEATRE.
WITHDRAWN BY FIRE BRIGADE.
A summons against Mr. C. S. Roszelet, Secretary of the Hong Kong Amusements, Ltd., arising out of certain structional altora
tions to the dressing rooms block, was withdrawn at Central Magis- tracy 'yesterday.
died in his eighty-first year in Can-eipn! streets in the city and the a route march through all the prin. ton on December 10 last and left day (Sunday) will be observed aed on behalf of the defendant, to-
a holiday ..
estate worth $99,000. The boquest were all of a family nature. A codicil attached to the will provides for testator's concubine who is given Mr. L: Most certainly. No de-a houso at 10, Main Street, Kowloon fendant has, I believé,' ever been City, during her life, a condition
of this bequest reading so long
SHATIN MYSTERY.
Mr. R. A. Wadeson, who appear
day informed his Worship that the matter had now been settled on terme which were handed to, his Worship.
Mr. J. O. Fitz-Henry of the Fire Brigade said he was prepared to withdraw the summons on the basis
as she remains chaste an unmar-BODY FOUND ON HILLSIDE of the points mentioned in the ried."
probate and double probate of the will of Mitts Mahomed Ali was granted to Hon Mr. W. E. L. Nemazce, merchant, of Singapore, Shenton. The estate was sworn under 893,100,
Mr. L.: I think that is ΑΠ averaight.
M. M.: But does not that debarred from fighting owing to short cricuit, the whole domicile tack of money. In any case it is difficulty!
Mr. L. 1 think under Section 4only in very difficult cases that The resealing of the copies of it says that nothing contained in wealthy litigant has a real advant the Bill shall authorise the Court age. in fact there are cases when to make a decree for divorce un the poorer litigant has the better less the parties were domiciled in position. He has the sympathy of the Colony when the petition was the Court before the hearing starts presented.
Mr. M. M.: Then it comes to Mr. M. Then there is some-this. The woman has no means of thing which the draughtsmen has | out-fauking the domicile dificulty, overlooked.
Mr. L. That is true. But if her Mr. L. Possibly, but it is much | husband takes this line she has a more probable that. I have misun- very effective weapon for keeping derstood the Bill than that the him to heal, draughtsman has made a mistake.
MMM Who is the draughts man 1
Mr. L. A model ordinance may have been sent out from England to the various Crown Colonies, and used in Singapore, or it may have been drawn by the law officers of Singapore. None of the provisiona referred to have been drawn up in Hong Konge
Mr. M, A.: Can a husband leave Withe· Colony after. a. petition
served en him and before the bearing
Mr. M, M. But she cannot get her freedom
T
use our Courta?
paper, which bis Worship had he fore him.
The summons which arose from constructional work in connection with the installation of an air- Theatre,
the Queen's cooling plant in
WOR accordingly dis- missed.
ARMED ROBBERY.
Mystery surrounds the finding of a body in a half-filled grave on the alope of a hillside at Shatin.
The discovery was made by two grass-cutters who saw a foot pro truding from a semi-grave, and Mr L (cheerfully): Yes. Suppose
notified the police. Yesterday, the a lady in Shanghai discovers, soon police were unable to state whether enough, that her husband is bolt it was the body of a man or a wo ing home; there is nothing to pre man, and so far, no enlightening vent her coming down in the same Mr. L.: But ab can make him ship, getting a petition for judicial information relative to the means, support her and has the power of separation or the file while the ship by which death came about has sending him 'c prison, or else makis in the Colony, and having him ing him give security. It seems so locked up until he puts up secur- been brought to hand. There is a me an excellent thing, and I hope ity. All the has to do is to act possibility that it may be merely At 1.90 p.m. yesterday, Can- I am right in thinking, that, this quickly,*
an old grave which has been inter tral Police Station received news power is available.
Mr. M. M. This is separation fered with by someone wishing to at No: 3, Wing Wa Terrace.
of armed robbery which occurred and not divorce.
Mr. L.: Only separation, unless play on the superstitious nature c Chinese woman, Kong Kwai Fan, there is a Hong Kong domicile. As the villagers,
reported that at about 19 noon, regards putting the man in gool un-
her amah opened the door in res The body is still in the grave but ponse to repeated knocking, and der these circumstances, the Full will be removed to the mortuary two strange men immediately eater-
Mr. M. M.: To return to an old aspect of the question. If a girl a married to a beach-comber she can keep him in prison but cannot get hor freedom.
WOMAN BOUND AND GAGGED,
Mr. L.: I doubt whether & judge Court has held that this should not for a past-mortem examination ed Mr. L. There is no need for would send the ordinary beach be done but in my experience the Until then it will not be known, him to be present in the Colony if comber to prison, They are usually judges have ignored the Full Court
One of them threatened her with the wife Bucs for divorce. That is so well known that no professional in this respect,
whether there has been any foul a chopper, and forced her into a ouite clear. He must be present in man of any standing would even Mr. M. M. The odds are not so play,NE
cubicle, while the other bound her the Calony when the petition for make such an nonlication. I should greatly against the ladies as you at — The police do not place couch be-wrista and makels with corde, ther judicial separation is presented, think that the regular beach- first led me to suppose
lief In this latter suggestion, begagged her MORENOM VER There does not seem to be any rea-comber might be held to have a (Silence while the tram paazes living that local superstition in They then opened several boxes Ron why he should remain in the lomicile hero,
the Helena May Institute and responsible for the alarm felt by and stole money and jewellary to Colony a second after the proceed Mr. M. M. Can any stranger draws up at the station.)
the villagots at ǹ somewhat grue- tha value of $328. No due to the ings have been commenced.
Wontinued at foot of neat column.)
some discovery
thieves identity is yet known.
(To be continued)
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