PAGE 2-HONG KONG DAILY PRESS
COURTS
TENANT'S CLAIM FROM
LATEST DECCA-BRUNSWICK RECORDS LANDLORD FOR DAMAGES
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Darryl. 1. Zamuch in Champa ut fimprovem
TODAY
The
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AT MAJESTIC
THE
Judgment Given In Summary Court
Judgment was given in Summary Court yesterday by the Acting“ Puisne Judge, Mr. Justice E. H. Williams, in the case in which Lo Kwai-long, trading as the Sun Man Sewing Factory, claimed $1,000 from his landlord, Tong Ying-cheung, as damages for trespass, wrongful entry and assault on April 29.
street.
Loaded Gun Found On Unemployed
A surprise raid by Sergeant Flaherty, acting од information
SATURDAY,
CAUTION FOR
CONSUL
Car Unattended
In Street
}}
FRA
AUGUST 6, 1938.
WHEN VISITING
SINGAPORE
and looking for a suitable
place to stay, in
TRY
living away from the noise and bustle of the day
rooms ensure comfort and restfulness in a place which is CENTRALLY SITUATED and in which there is a low roon". tarif. This makes living in it na
Marquis G. Pagano di Melito, received, resulted in the arrest of Consul General for Italy, an unemployed. Au Kem, on whose cautioned by Mr. Butters at the THE WELL-APPOINTED person was found a six-chambered | Central Court yesterday for leaving Smith and Wesson revolver, fully his car unattended outside. Ex- loaded with six rounds of ammuni- change Building from 9.20 a.m tion.
to-13.40 p.m. on July 21. The police alleged that Au Kam and others were ready to commit a robbery..
Traffic-Inspector 8. C. Saunders Before Mr. Butters at the Cen
said that he saw the car parked Au Court yesterday
was trai charged with the possession of outside Exchange Building at 9.20 B.M. and instructed a Chinese
ammunition and WAS
He pleaded guilty through a representative,
It was alleged. that defendant written in the name of his lather forcibly entered No. 25, Tung Tau acknowledging the notice to quit Street on April 29, and threw the from Deacons and asking for five goods and chattels which were in days grace, as the new premises the premises at the time, into the which he had secured were not yet
arms and in a proper state of repair. Plain It was also atleged that plaintiff and his son have dented all committed to stand trial at the trame constable to watch it. When
Inspector Sounders returned at} t's assistants were assaulted and knowledge of the letter. It does Criminal Sessions.
not bear plaintin's chop and. I am Detective. Sub-Inspector Darkin 12.40 p.m. the car was still there: thrown out.
and he went up to see Marquis not satisfied that it is a genuine prosecuted.
di Melito about it. letter."
The Marquis informed him that we
now come
to April 29 DROVE VEHICLE the car had been left where it was
Plaintiff denied having received any legal notice to quit, defendant having claimed that such notice
and here we have the greatest had been sent to the plaintiff
because Its ignition was out of through Messrs. Deacons, solicitors, conflict of evidence. Plaintiff was
order. INTO CROWD
Later Inspector Saunders then still absent. His son had
was informed by the constable Mr. C. "A. Sutherton Russ repregone to Un Long sometime befor
started easily sented the plaintiff and Mr. M. A. noon and about. 2 p.m., defendant, Jack Stubbs, driver of the Royal that the car had da Silva appeared for defendant. his wife and his mother arrived Army Service Corps, Wellington after it had been pushed.
Barracks, appeared before Mr. the Central Court
*
2
Defendant brought a counter-at the factory. A number of fokis claim against plaintiff for $14, be- and neighbours have testified that Butters ing arrears of rent for one month the three were accompanied by a yesterday on a charge of driving ding. Following investigations, he motor vehicle in a reckless and found defendant driving s car and five days, $6.18 as money owing party of ten persons; that defen for electric light consumption and dant ordered the fokis to move careless manner in O'Brien Road into a crowd of persons who were standing at the Junction of two mesne profts up to the day of out; the fokis asked for a day or on Wednesday night.
Sergeant. W. Williamson, who was reads, causing them to scatter. possession of the premises.
two's grace as the master and his
A term of six weeks' Imprison- Plaintiff was the proprietor of sen were away. Defendant re-la charge of the case, said that: the Sun Man Sewing Factory which fused and instead proceeded with he was on duty in the vicinity when ment. with the alternative of a
he heard the noise of a car skid-fine of $100, was imposed. he carried on at 25. Tung "Tau his men to remove everything Street, ground floor. Kowloon City. The witnesses for the plaintif and of which premises he was the stated that the articles were" re monthly tenant of "defendant, the moved roughly"; thrown about"; owner. In this action plaintiff 'broken', etc, though one witness claims $1,000 damages against the gave evidence they were removed toss defendant on the grounds that on very carefully. When the April 29 whilst he was still law-saw this large party of people most fully a tenant defendant and of them beat a hasty retreat. One party of men entered the "actory of them went to Un Long to find by force and removed his goods the plaintiff's son and and chattels into the street. The with him about 6 p.m. The son everything defendant maintains that plaintiff stated that he saw was merely a trespasser on the scattered about outside-certain premises, the tenancy having been particles
missing, such as duly determined about April 24 by thread and cloth, some dye was notice to quit., He counterclaims spilled and machines damaged for $14 rental due for one month addition a sum of $120 in cash was a locked drawer "and five days, and also $6.18 due missing from for électricity consumed during
which had been broken open. plaintiff's tenancy.
Word was sent to the plaintiff and he returned next day.
The facts as I find them are as follows:-
were
returned
(Continued on Page 8)
Τη
·Plaintiff and his son made ap Plaintif became tenant in 1934 inventory of their losses. Twenty the rent receipts being dated one weaving machines had suffer from 28th to 25th. These receipts ed damage to the extent of $200 were made out by defendant until Tins of dye had been spilled to the the middle of 1836 when the re-value of $80. Cotton thread to the ceipts were made out by defen-value of $150 had been rendered dant's wife and were dated 25th to useless by damp and breakage 24th No adequate reason ha's been given by the defence for the alterution in the dates. Plaintiff asserts the tenancy was from 26th to 25th. The defence say it was from 25th to 24th; that originally. defendant had made a mistake which his wife discovered, and rectifled in 1936. She admits she did not draw the plaintiff's atten- tion to it though in fact he ap- pears to have noticed the altera tion. It is not without significance that defendant when making an affirmation early in 1938 under the Distress for Rent. Ordinance gave the tenancy dates as from 26th to 25th. I find therefore that the proper tenancy dates were trom 26th to 25th.
Defendant became anxious, at the end of 1937 to get possession of the premises. He claims that in December he wrote to plaintiff giv- ing him notice to quit. Plaintif denies the receipt of this notice but admits the receipt in January of a notice to quit and a copy of that letter is in evidence. It is not a valid notice to quit, as it expires on the 14th day of the moon. Plaintiff continued to reside there and the next matter of importance Is that on March 7, 1938 defendant made an afirmation" for Distress for the period 28th of 12th moon to 25th of 2nd moon at 12 p.m. and on the warrant issuing plain- tif paid the arrears. Plaintiff maintains that he was all along ready to pay the rent but the land- lord did not call for it. I am satisfed on the evidence that the plaintiff was a bad tenant as re- gards punctuality in payment of rent.
Defendant next gave instructions to Messrs. Deacons to send plainti a notice to quit. In the notice plaintin was required to vacate on The the 24th of the 3rd moon. notice was sent by post but plain- tan hás dented that he ever re- celved the letter. I find that he did in fact receive this letter but that the notice was not a valid notice to quit as it did not expire on the 25th Le. at the end of a monthly term. See Queens Club Gardens, v. Bignall (1824) 1-KBD. 117; and Precious v." Reedie' (1924) 2 K.B.D. 149.
Plaintiff went back to the cogn= try on April 14 The defen dangolažas that on April 20, plaintiff's son came with a 'letter
}
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