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APPEAL FOR REFUGEE CHILDREN
by Madame Chiang Kai-shek,
-OFFICIAL STATEMENTS
by Gen. Yu Han-Mou,
Governor Wu Te-Chen,
Mayor Tong Yang-fu
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COURTS
Judgment For Defendants In Possession Case
SUMMARY COURT CLAIM ENDS
At the Summary Court on Friday 'Mr. Justice E. H. Willams, Acting Pulsne Judge, delivered judgment in favour of the defendants, with costs, in the case in which Mrs Tse, Luk-mut 'claimed possession of premises, namely No. 39 Güiman Basaar, from Messrs Shing Shan Firm.
Plaintiff, was represented by Mr. W. A. Mackinlay while Mr. E. S. C. Brooks was for the defendant. **.
This is the usual claim for pos- cheque for the rent. There was session of premises viz: No. 39 further correspondence on Sep Qilman Bazaar. ground door of tember 3 regarding the possibility which plaintif is the owner and of the case being taken in the defendants are lunar) monthly Summary 'Court and the solicitors
At the first hearing plaintiff and one other witness gave evidence of
waiver
by
|
“TWO-MAN ACT"
Pickpockets Succeed
A two-man pickpocket act was staged in broad daylight outside the Hongkong Hotel at about 11 o'clock yesterday morning. The victim, a visitor from Macao, found his passage, along the payement suddenly blocked by a coolte stoop- ing down, to scratch his toes. While the former hesitated, and contemplated which side to pass, a push from behind bumped him against the man in front. In that visitor's pen was lifted from his short space of time, the Macão breast pocekt and the coolle, dress- ed in a white singlet and Black
A report of this incident was made at the Central Police Station.
MONDAY, NOVEMBER 7, 1938. -PAGE 3
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tenants. The defendants resist the formed the opinion that as the ac- trousers, took to his heels and claim inter alia on the grounds tual rent was $80 and $5 was the dodged into the crowd in Des Voeak that the premises are a dwelling charge for water the case was tri-
Road Central, where he soon dis- house and come within the provi-able in the Summary Court. The
appeared. sions of the Prevention of Eviction writ was issued on September 12, Ordinance 1938.
POINT OF WAIVER The case was adjourned after He was given notice to quit, but on the first hearing for argument on the expiry refused to give up pos- a rature usual in such cases on the point of waiver and at the next session. Subsequently on several which I need not now comment in hearing numerous view of the submissions made by quoted on both sides. I must con- rent accrued since the date of ex-' cases were occasions he tendered to plaintiff defendant's solicitor at the close of tent myself with commenting on aptry in the hope that plaintif the plaintiff's case. That submistew of the more important cases. sion was that there had been a Solicitors for the plaintiff con-declined.
would accept it but plaintiff always the plaintif of the tended firstly that payment by wrote her a letter saying. I enclose Eventually defendant notice to quit because of the fol-cheque could not be considered as gs. rent which was refused: Plain- lowing circumstances which it is
a proper payment of rent: rent tim sent on the letter and enclo- necessary to get out in detail.
should be paid in cash. He, m- On May 9 plaintiff wrote to ferred to Halsburys Laws (Hall-to the defendant. Mrs. Hartell does ter's
sure to her solicitors who replied; the défendants informing them that the rent would be increased Henderson v Arthur (1907) LK.B. and we will retain the P.Ofor the manded the 10 per cent which de- Ed.) Vol.20.p.168. 181 and not recognise you as her tenant Plaintif kept the money but de by $20 as from May 29 10. This case when examined does time on account of use and oc- fendant refused to pay. In the Though Insufficient notice had been given defendants paid an in- was an action by a lessor against a plaintiff brought action
not support his contention. That cupation and not as rent." The County Court defendant contended of $15. On July 22 on
the that the notice to quit had been lessee for a quarter's rent on a Instructions from the plaintiff, her covenant in the lease for paymens County Court but lost and on ap-waived by plaintiff's acceptance of solicitors wrote to defendants re- of rent quarterly in advance. The common law question held they held there was no waiver. On ap- peal the Judges treating it as a the Michaelmas rent but the judge quiring them to give up possession lessee set up the defence of a parol were bound by the opinion of the peal the Divisional Court held that on " August ***** 24 (the last day agreement between the lessor and eight itdges who constituted the where a tenant of a house to of the 7th.mocn). Defendants did himself antecedent to the execu
crease
On
warded to solteltors for plaintiff a
sham
It
i
rent at the rate of £45.
landlord is not to be taken by ac- In Davies v. Bristow the defen- cepting it to assent to the renewal
and Blackler was
(Continued on Page 13)
Roberts Bankruptcy
not quit but on their instructions tion of the lease that the lessor by the House of Lords, in the case Act holds over after the expiry of a majority of the judges consulted which the Increase of Rent" etc., their solicitors wrote on August had agreed to take a bill payable 72 to, plaintiff's solicitors stal- at 3 months by way of payment of of Croft v. Lunley 6. EL C. 672 and notice to quit and pays rent, the ing defendants would not give up each quarter rent as It became dua they dismissed the appeal. possession because the premises
It was held that evidence of such cant was tenant to plaintif ota of the tenancy, for he has no were used partly as a dwelling
an agreement was inadmissable. house. They intimated they had
house at a yearly rent of £45. choice but to accept the rent: he directions to accept service of any There is a great difference between plaintiff gave him notice to quit could not sue in trespass for mesne? proceedings which might be by a bill payable at a fixed period did not give up possession. Plain- tenant, notwithstanding the notice a payment by cheque and payment at midsummer 1919 but defendant profits, for those Acts provide that stiputed against their clients. Saturday, August 21 they forment by cheque was a proper pay-to do so under Ser.1 of the Increase trespasser so long as he pays the after date. I hold that the pay-tiff then thinking he was entitled to quit shall not be regarded as a cheque for $85. stating. Further ment of the rent in this case
is in the ordinary course of bust-01 Rent etc. Act. 1919 (which sec- rent and performs the conditions to our letter of the 22nd we en- close herewith our cheque for $85ness to make such payments by tion had not yet come into opera- or the lease.
tion) gave defendant notice of his The Court, moreover, suggested cheque. being rent of the above premises
The second and main-contention intention to increase the rent by that even at common law and from the 1st day to the last day of for the plaintiff was that there 10 per cent adding that if defen- apart from the Increase of Rent the Intercalary 7th moon." That period was for August 25 to Sep-was here no waiver by the non-dant was willing to pay the in- Acts. Hartell tember 23. The cheque was not return of the cheque The cheque creased rent he might remain on wrongly decided in that, the Court returned but was retained by the was sent on August a Satur-but that if he was not willing to here treated the acceptance of rent conclusive evidence that the solicitors and no written acknow-day and therefore probably reccly-do so he must give up possession as
ed on August 29. Instruc-by Michaelmas At that quarter-plaintiff continued to recognise the ledgment of Its receipt was sent. On September 2 solicitors for tions had to be taken from their day defendant tendered the quar- ellent and defendants' solicitors defendants mentioning a conversa-
notified
September 2 on tion of the previous day' and added, were
that a writ WILS to issue. This 'We confirm that we have.now re- ceived instructions to Issue a writ was tantamount to a refusal to ac- fer possession of the premises. It cept the cheque.. Assuming there was not claimed at the hearing of was acceptance then the mere ac- the case that the conversation on ceptance of it for such a period September
waiver of the the was not itself a
notice but matter of evidence only and it was clear from the evidence that the landlord had no intention of creating a new tenancy. Doe v. Batten 98 E R. 1066 and Davies v. Bristow 123 LTR. 655 were the main authorities to support this view. The heading to the former case reads, Mere acceptance of rent by a landlord for occupation subsequent to the time when the tenant ought to have quilted ac- cording to the notice given him for the purpose is not in itself a walver on the part of the landlord of such notice but, matter of evidence only to be left to the Jury. In this case
Kartar Singh was represented by Mr. C. A. 8. Russ submitted that tried in 1775 the landlord had re- Mr. C. A. Sutherton Russ.
the application was an extraordin- ceived - rent after the defendant
Kartar Singh, he said, In support of his application, Mr. ary one. had appeared and pleaded. Lord Andrewes stated that an order had was Judgment creditor for the Mansfield there stated that if there been granted to the court for cer- amount claimed, the judgments was a doubt whether the fraud or tain money-lending transactions being obtained not by default but in consequence of a new agreement involving the bankrupt to be reby consent, the bankrupt being or whether the possession was by opened and to require money-len-represented by a solicitor. acceptance of the rent was mutu-ders concerned to furnish the facts PROCEDURE OF TRUSTEE ally intended or understood was ajof the original loans. Kartar waiver it was a fact which ought Singh, one of "the judgment pre-
1 concerned
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Court Against Receiver On
Point Of Onus Of Proof
An application by the Official Receiver, Mr. L. R. Andrewes, for proof of a debt involving än Indian money-lender, Kartar Singh, to be expunged from the records of the Court, in connection with the bankruptcy of Mr. Archibald Hynes Roberts, "was made before the Acting Chief Justice, Mr. Justice H. E. Lindsell, in Bankruptcy at the Supreme Court on Saturday,
The right procedure of the Om-
to be left to a fury to determineditors, however, had not only failed cial Receiver as Trustee, stated Mr. and then to admit or reject It
AUTHORITIES QUOTED to comply fully with the order, but Russ was first to examine the proof The second case Davies. v. Bris-had been unable to decide how
tow came before a Divisional Court much the bankrupt really owed wholly or partly, before applying
on appeal 3 months after the case him, the latter having stated that of Hartell v. Blackler 123. LTR. 177 he had in fact been fully repaid. had come before the same Court. Mr. Andrewes submitted that the Hartell v. Blackler was strongly're onus was on Kartar Bingh to just- | led on by solicitor for the defen-ity his claim. The original debt dant as supporting his contention was stated to be $3,680.00. This of a waiver. There defendant was was reduced to $1,500, but the ere- In occupation of a cottage owned after could not even justify this by plaintiff at a weekly rent of 4.8. amount
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for the debt to be expunged.
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The proof had neither been
·ådmitted or rejected, therefore, submitted Mr. Russ, the appli- tation for expunging the debt
A total fine of $80 or seven weeks was not within jurisdiction.
was imposed, i Fak Chuen when Mr. Andrewes replied that the he was brought before Mr. R. Ed-
present proceedings did not touch wards at Central Magistracy on the judgment. The proceedings Baturday on charges of behaving in were re-opened by an order made a riotous or disorderly manner by the Court and the trustee was whilst drunk, and assaulting the allowed to go behind the judg».
police, ment and inquire into the transac-| tions.
The creditor had failed to - Detective-Sergeant P. H. Lough- support his claim and therefore the lin, prosecuting, stated that defen- trustee applied for the proof to be dant went to the Christian Social expunged.
Centre on Friday and asked for Mr. Andrewes added that 10 belligerent and when the police money. When refused he, became. lettera were written to the credi-were summoned he showed. fight, tor's solicitor, who in return wrote screarning, kicking and trying to 17 in reply, but still the creditor assault the speaker and P. C could not fully support his claim. Zaremba. He had eventually to be dragged and carried to the police station.
His Lordship ruled that the onus was on the Official Ke- cever to establish that the tran- saction was one to boʻre-open- ed. The debtor could be called to give evidence.
It is reported that a big ship- ping company 18 being organised by the Japanese to take cont The case was adjourned to, De- or the Yangtze River ERY
rights,
cember 3.