HONGKONG DAILY PRESS
DAILY SHARE QUOTATIONS
Hong Kong Stock
Exchange
Buyers Bellors
Balas Komla!
SATURDAY, NOV, 5.
!:
Banks
HJ. Banks
Sharebrokers'
Association
Buyers Balls Bains Tolna
$83
1,34B/B
Do. (Col Reg.)..
81.350 £831
£811
Do. (on, Bog.)...
£811
Chartered Banke
227
Marcantila Bks. "A"
213 Mercantile Bha "C"
£13
$89
Bank of Bark Ásia ...
N. C. & 8. Baski.....
Insuranens
13
8220 Canton Insurance......
1920
$300 Union Insurancet ............ # Underwriter, Love and
1950 H.K. Firm
$500
12. 200
Shipping
186
Dougland
$86
$19
Steamboats
sacramen
$19
180
Indo-China (Preč.)..........
$80
$24
Indo-Chinas (Del.)...............
$24
86/3
19
Watarbonta
Mixing
17/3 Kailan
17/3
$9.40
$3
Venezula Gold Fide.
13
cta. Hong Kong Mines.....
Docks, WhaFFOR,
31.E. & K. Wharve...
$129
$0.30 Providents (old)..........
齜
Providents (new)...................
$6.40 $8.20
919.
3181
H.K. & W. Docks....
Do.
เอ
(zwi.....
$IA
$120
3381
88/3 Shelle "...more
Godowns, ele
3124 Shanghai Docka 8. $3.90 New Engineerings 8.
Landa, Hotels, and Building,
$6H.K. Hotel .......
I.K. Lands..........
$307) Bo. 4% Deatures $8.50 Shanghai Lands &
H.. Healties .........
Humphrey...men.
Chineso Estate ---
Cotton Mills
17 Ewos (8.)
Zoong Sings (8.).......
Wing On Tartibu (1.)
Public Utilities
Tramways ..........
Peak Trams (old)......
891
196
S'hai Cottons.(B.)...
324
842
Bandakan Ligbla".
$14.6 Telephonse (old).
$8.00 Talaphones (Dew).
****
6$
$6,80
330)
$100
::
= {
834
101
$17,80
$90
-$26"-
$42
$187
$61
$31
Peak Trams (DOW).................
$161
*31
$73
Star Ferries
$721
7'mati Ferries C.R.I
$23)
$221
Do.
(new)
$23
$104 China Light (old)......
$10.20 China Lights (now).....
$10,70 310.20
$38 H.K. Electrics.
3571
8174 Macao Electrics... $10
$24.60 $8.86
22,8
23/
Tractions vis
25,-
Tractions (pref.)
Industrialy
$14
Cald, Macg (Ord.) 8.
$13
Cald., Macg, (Prof.) S.
$1.70 Canton loa....
81.60
$16.60 Cementa
$161
8405 Ropes ...............
Miscellaneous Dairy Farma ***** Ch. E'tainmenta
$4.40
820
#12
******* $8.20 Constructions (old)...............}
$1.70
Constructions {DOW).........
Lane Crawfords..........
38
Nanyang Tobacco.....
$2
89
Watsons —
$7,65
Ch.0.5% 19250.#B
· 87.70
717,
71%
H.K. Govt, 4% Loans
51. PHX Gort. $1% Loans
8100 3100
#471
A.K. Wing O
1471
6'hai Wing On
354
$6,95
Vibre Piling
16.40
17/0
Karamana Inv. (Libn.)
3/0
Maramans Inv. (HK)
90 cia W. Powelle
90 cia.
*Balas to Shanghai
#24)
LONDON EXCHANGE RATES
Paris
Geneva
Berlin
Athens
Milan
Lisbon
Stockholm Shanghal
New York
Amsterdam
Vienna
Helsingfors
19.41)
Nov. 5 178-47/64 *20.981.
(British Wireless Service)
Nov. 3
178-25/32
20.974
11.89
5471
00-7/18.
90-7/18
1104
Bd.
sid
4.75-15/16 8.143.
4.76 8.751
! Prague
1381
"
2263
Bucharest
880
Hong Kong
1/2-15/16.
Bombay..........................
1/5-15/16
Montreal
4.782
28.131
4.787 28.14
Yokohama
1/2
Belgrade
211
Buenos Aires
19.01
Monte Video
19.05
3.
22.40
19-5/16 191
39-5/16 19
34% 99-7/16
Prussels
Rio de Janeiro
Copenhagari
Oslo
Silver (Forward)
Silver (Spot)
War Loan
UN LONDON:-
POSSESSION CASE
(Continued from Page 3)
defendant as ber tepant. Its grounds for 'so differing from that decision were as follows: There was a difference between the cases of waiver of a notice to quit and waiver of a forfeiture: if in the lalter case, a landlord with notice of a forfeiture accepts rent he can- nöt afterwards evict the tenant for
the breach. The forfeiture makes the term voldable at the option of the landlord and if he accepts the rent he evinces an un- equivocal intention to continue the | tenancy. In the case, of walyer of notice to quit the term has been brought to an end by the notice to quit, The agreement to continue the tenancy must be proved. It must be shown that the parties were ad idem as to its terms.
OFFERED MONEY AS KENT Which of these conflicting views am I to adopt? I have decided to follow the decisión, in Hartell v. Blackler and hold that there was here a waiver by the plaintiff of the notice at common law because at the acceptance of the cheque for $35. It is beyond dispute that
the defendant's solicitors offered
the money as rent. The plainti was to have the money only on the terms of his recognising defen- dants as tenant. In such a case
the maxim solvitur in modo sol- ventis, apples. If the money was not accepted as rent for what ob- ject was it accepted.. As pointed but by the judges In Croft y. Lum- ley 8 HLC. 672 for a landlord to take the money on any other terms
would be an unlawful act and no one is to be heard to plead his own wrong. That case was a question of forfeiture and 8 of the 9 judges were of opinion that the accept tance of the rent by the landlord was conclusive evidence of a waiver of the farfeiture. I see no essen- fial difference between such a case and a waiver of the notice to quit where the act relied on as the waiver is the acceptance by the landlord of money tendered by the defendant 25 rent. Authorities
which apply in one case equally apply in the other. The footnote at page 143 of Halsburys Law Vol. 20 refers to the Irish case of Sam- mon v. Cauley (1919) ILT. 224). Na report of the case is available but
summary is given in the Digest. Complainant applied to Justices for an electment order bgainst defendant his tenant. The proceedings were adjourned B months and during the interval complainant received from the de- fendant sums corresponding to the original rent. It was held that the acceptance of such sums was not a walver of the notice to quit, The comment on this case in Hals- bury is that the acceptance of rent pending the bearing of a summons for ejectment must be fraught with danger unless it is clearly intimat. ed that the acceptance is without prejudice to the rights under the notice to quit. In the present case
no intimation whatever was con-
veyed to the defendants' solicitor as to the reason for the retention! of the cheque..
EVICTION ORDINANCE Lastly, solicitor for the plaintiff
submitted that the prevention of Eviction Ordinance had the same effect as the Rent Restriction Acts in creating a statutory tenancy. Under the Acts acceptance of the rent by the landlord from a tenant; ot protected premises after the ex- piry of the notice to quit does not. In the absence of an agreement to create a new tenancy, operate as a waiver. Such a tenant holding
FINANCE
NEW YORK STOCK EXCHANGE
1938
Through Reuter's Service)
QUOTATIONS
High Low Dow Jones Averagos 15417 98.96 30 Industrialo
32.77 19.00 0 Balle 95.19 15.14 20 Valimen 92,70 83.39 40 -Bonds
59.00 43.09 11 Commodity Index 43.33
STOCKS
Adams Express Alleghany Steel Co. Allis Chalmers ......... Amerada Corps,
MONDAY,
THE
NOVEMBER 7, 1938. —PAGE 13
CHINA SIAM
LINE.
N
Nior. L
15210
1848. 151,73 16212
31.76
31.91 31.5 31.78
Nov. 4, 1938. High Low Close Change 09 up .0% up
LA "HELIOS"
13.80
23.85 23.43 23.59
.01 of
90.07
90.08 48.83
.09 off 10 of
Buainess Dono;-430,000 shares,
Last Sale Nov. 5 6
111 111
STOCKS
Greyhound
231
231
Hecker Producti
504
50
Int. Nickel
68
881*
100.
Int. Tel & Tel...... Kennecott Copper Libbey-Owens- Ford
Glass
*451
1
+
18
26 401
174
20 53
Amer. Can 101 Amer. Fot. Power "Amer. & For. $7 pt Amer, Locomotive... Amer. Metals Amer. Radiator Amer. Rolling Mill Amer. Smelting Amer, Sugar Ring. 251 Amer. Tel & Tel
1474 Amer. Tobacco "B" 894 Amer. Waterworks.... 141 Anaconda Copper ........
371 Atchison, T. & S. Fe." 40 Auburn Motors... Baltimore & Ohio Barber & Co. Barnsdall Ou Bethlehem Steel.... 68 Boeing Airplane Co. 274 Borg-Warner
321 Briggs M'facturing -- 34% Brooklyn-Manhattan
121
Trans.
51 8
211
18
1473
Last Sale
Nov. 5
Corpn. 191
104 561
101
591
28)
271
3+
. "HELLAS"
HONG KONG-BANGKOK
leaving Hong Kong 18th November via Swatow leaving Hong Kong 23rd November via Swatow HONG KONG-SWATOW-AMOY m.s. "HAI LEE" learing Hong Kong 14th November Accepting Passengers & Cargo for all the shove motioned ports.
· HONG KONG-SINGAPORE—PENANG-RANGOON Regular Express Service
m.s. "HA! HINO" leaving Hong Kong
Accepting cargo for all the above mentioned ports.
Excellent passenger accommodation available.
For freight, passage rates and all other information–Apply to:- THORESEN & CO., LTD.
Tel. 30937.
General Agents.
Li
Queen's Building.
10th November
541
2
307
371
Lockheed Aircraft ... Loew's Inc. Martin, Glen L... McKesson & Rob- bins, $3 pt. ......... Monsanto Chemical 102 Montgomery Ward... 501 Nat. Dairy Products 131 Nat Distillers... National Load
Nat Power & Light Nat. Supply Corpn. 181 New York Central ..... " 197 N. America Aviation 141 North America "Co. 231 Northern Pacifc Pacific Gas & Elec 297 Faciac Lighting Packard Motors ...... Paramount Pictures Pennsylvania R.R. Phillips Petroleum ... Public Service of NJ. Pure Oil
-39 ----Radio Corpn-of-Am.
Republic Steel ..
S.S. "BENARTY"
Sailing for LONDON, ROTTERDAM, ANTWERP, HAMBURG and LEITH on or about the 9th November, 1938.
Cargo will also be accepted on through Bill
of Lading to the usual transhipment ports.
For Freight and l'assage apply to:-**
W. R. LOXLEY & CO., (CHINA) LTD.
York Building. Agents:
THE BEN LINE STEAMERS, LTD.
34.
331"
6
01
90.
Brooklyn-Manhattan
$5 cum. pr. Canadian Pacific Case JI Chesapeake & Ohto 34 Chrysler Corpn.......
83 Columbia Qas & 1. 77 Columbia 6% #A" pl. 79 Commercial Credit 551 17 Commonwealth & B Commonwealth & 8. 8% cum pf... consolidated Edison 311 Consolidated C... 37 Continental Can.... Continental Oil Corn. Products
Curtiss Wright (C.) Certias Wright '"A" Distillers Corpúi. Sea-
grams Douglas Aircraft Du Pont
404
424
281
673
61
20
7 ÷ 8 7 € à ± Ñ ¦ § ‡ • £***£#£85 • **357°¤¤~ ï¿ ̄¶857% (I‡:: 8. * **Z****** ***
Stand Gas & Elec. Standard Oil of N.J.
Stone & Webster....
Swift International Technicolor
13
ནཱཎྜཙྪཡ ྱ ཿaž བྷུཙྪཱཨཱཡྻi==ནཱཨྰཿདྷནུསྶིབྷཡཀྑཔྤཊྛཱཏྟཱབྷཱཝནཱཝཱཧྲྰིཙྩཨྰཿཨྰཿཡྻaeཎནྡྷབྷནྡྷནཱཊྚ་ྤུ7 ཨྰཿཨྰཿཨྰཿཀྰཡ xཨོཾugཚོ8དྡྷི987
י
Tel. 34165
414
51
119
221
394
32
101
87.
191
Reynold Tobac. "B" 45 Schenley Distillers
197
Schenley. 51% pfd...
751
Sears Roebuck
748
Shell Union Oll Secony-Vacuum Ofl
147
133
Southern Pacific Southerni Rly $5 pid.
193
291
Standard Brands ....
74
44 54
CONSIGNEES' NOTICES
531
153
29
MAERSK LINE
214
..
Texas Corpn. .......
437
221
Texas Gulf Sulphur
32
64
20th Cent. Fox.
25
146, 1401
Union
do. Sii pt.
Carbide
341
.348
THE M.V.
Carbon
877
Union Pacifie
054
80
United Aircraft
341
United Airlines Trana 111 Լ։
05
United
423
United Corpa, .....................”
cum. pl.
31
Corpn. $3
34
271
United Gas Corpn.
31
5+1,
Un. Gas I'provem'
117
451
JU.S. Rubber
52
501
U.S. Rubber $8 pid... 1004
0.5. Steel
641
Vanadium
253
Warner Bros. Pict.... 7
Westinghouse
Bec. 1771
118
Woodward 'Iron Cor. 33?
Chase National Bk. -31*
133 13
Eagle Ficher Lead 13 Elec. Bond & Share 121
ec. Bond & Share $5 pt.... Elec. Bond & Share
$6 pr. Elec. Power & Light
$7 pt. Fintkote Gen. America Trans 55 Gen. Electric
Gen. Motora ...
Gen. Railway Signal 24 Glidden Co............. 26 24 Goodrich (F.) .......
61 Goodrich $5 pf. Goodyear Tire & Co. 33 Great Northern Iron
Ore
Great Northern Rir. 261 201 Great Western Sugar 28
H. K. STOCK EXCHANGE
November 5.
BUYERS
H.K. Tramways, $18). Feak Trams ((id), 362. Yaumati Ferries, $23. HK Govt. 31% Loan., par.
SELLERS
Raubs, $9.40 HK. Realties, $5). Star Ferries, $73. Dairy Farms, · $244. SALES Hongkong Bank, $1345/50. H.K. Lands, $361. Star Ferrics, $73. (Prices below in Phil. currelley) Antamoks, Pa. .51 Atoks, (304 Baguio Gold, 241 Benguet Consol, 12.60 Coco Grove, 51° Demonstrations, 28" LX.L .75
NOTICE TO CONSIGNIES
HAMBURG-AMUROKA LINTE
NOTICE TO CONSIGNEES
M.V.
THE MY VOGTLAND"
having arrived from Hamburg and Forts of call, Consigners of Cargo are hereby notified that their goods are "ANNA MAERSK "
being landed and placed at their risk.. having arved, from Now York and into the Bong Kong & Kowloon Parts of call, Consignees of Cargo are Wharf & Godown Company's godowns hereby notified that their Good are at Kowloon, where delivery may be boug landed and placed at their risk obtained as soon as the goods are into the Hong Kong and Kowloon Wharf landed. and Godown Company's godowns si Optional cargo will not be landed Kowloon, where delivery may be here, unless notice has been given 48 obtained as soon as the Goods are landed hours prior to vessel's arrival, but Optional Cargo will not be landed carried on from port to port to the bare, unless Notice has been given 48 final port of call to which the option hours prior to vessel's arrival, but carried extends.
the on from port to port to Enal
No claims will be admitted after the port of
Goods have left the Godowns, and all call to which the option extends.
No Claims will be admitted after the goods remaining undelivered after the Goode have left the Godowns, and all 5th Nov, 1989. will be subject to
remaining undelivered after the rent. 9th Nov, 1938, will be subject to Goods are to be left in the Godowns, ́All broken, chafed, and damaged
A broken, chafed, and damaged where they will be examined on 4th Goods are to be left in the Godowne, Nov, 1838, at 10 am. by our Sur- National City Bank 231* 241** where they will be examined on 8th yeyors Messrs. Goddard and Dougian.
Nov, 1988, at 10
by our To comply with the General Bonded Burreyor Capt. Walter C. Weston. Warehouse Regulations consignees To comply with the General Bonded must have Revenue Officer in Warehouse Regulations, consignees must attendance when damaged dutiable have a Revenue Officer in tendance goods are examined when damaged dutiable gooda.... ̋are All claims must reach as before the examined.
4th Dec, 1938, or they will not be. All claims must reach us before recognized. the 9th Dec, 1938, or they will not be recognized.
Call Money .....
1%
1 ex. div.
* bid.
THE EXCHANGE MARKET
Good
Rent
No Insurance will be affected. Bills of Lading will be countersigned tel
JEBSEN & CO.,
Agents.
MESSES. ROZA BRÓS.' | Bong Kong, 2nd Nov, 1938.
REPORT
Silver prices dropped 1/8 on Satur
day for both deliveries, the quota-
[1997
CONSIGNEES' NOTICE.
tions being 19. 1/2 for Ready and THE BEN LINE STEAMERS, LTD. 19 3/18 for Forward, liver advices.
FROM LEITH, MIDDLESBRO, reported the market as being
ANTWERP, LONDON & STRAITS. steady. India and speculators sold. The market closed with buyers at the quoted rate, sellers bid 1/16 lover, American Silver was quoted Jat 42 3/4 for Spot.
The London-New York cross-rate was quoted at 418. New York-Lon-
don was quoted at 476. 1/16.
MARKET
Quietly steady.
over becomes a statutory, tenant Little interest was taken in the bound to tender the rent which the market during the morning, trad- landlord is by the Acts entitle to ing being on a small scale only. accept without losing his right to assert that the tenancy has been properly determined. It is made a condition precedent to the right of a teriant to claim the prátection of the Acts that he should have paid his rent. The Acts are however much wider in scope than the Pre- vention of Eviction Ordinance for the Acts were intended to prevent: a tenant from having his rent raised against him or from being turned out though his tenancy by agreement had expired so long as he was willing to pay the rent au- thorized by statute: The Ordin ance does not prevent landlords generally from raising rents. It only empowers the Court to fix a rent when the landlord claims pos- session and the Court refuses to make the order. It does not make ON, NEW YORK: ---
Bank Billä, on demand 29 7/16
It a condition precedent to the re- Credits, 80 days night 2915/16 fusal of the order of possession ON BATAVIA :----
that the tenant should have paid his rent. It lays down no condi- tions which the tenant must obey before he can get protection The tenant here who continues in oc- cupation, after the notice to quit becomes a trespasser until the in my view that acceptance of the Court directs that the original rent by the landlord from a tenant tenancy is to be treated as a sub-jo, premises to which the Ordin- sisting tenancy. The earlier Res-ance applies operates as a waiver
SHANGHAI MARKET trictions Acts did not make such a of. the notice to quit.
Sterling, sellers at 8d for Spot person a trespasser provided he pald the rent and performed the plaintiff on all points I give judg- and US Dollars 15. 7/8 sellers for conditions of his lease. It follows ment for the defendant with costa, Spot.
Closing Quotations
"November 6, 1829.
Telegraphic Transfor... 1/3' Bank Bills, on demand) 27/32
·
On demand...
Credits, 4 months' sight 1/32/33 | ON PARIS:-
ON SHANGHAI :—.
OR SINGAPORE: —
63 16/18
Bank Bills, on demand 1,10 Credits, 4 months' sight 1,180 UN SAIGON
110
On demand
175 nom.
On demand ...
On demand .....
38
ON MANILA:--
On demand
M-JAPAKI-
ON BANGKOK
On demand
108
On damand
148
LAIROLA C
Bank Buying Rate.. Der var "ŋer
1/3-1/32
Telegraphic Transfer..
Sovereign Notes
Paracale Gumaus, .13) San Mauricio, 1.48 Suyoc Consol, .22) United Paracales, 50
||
As I have found against the
STEELING
THE 5.5. "BENARTY”
by
No Insurance will be effecten. Bills of Lading will be countersigned
JEBSEN & CO. Agents.
Hong Kong, 1st Nov, 1938,
[1924
SERVICE TO READERS
THE HONG KONG DAILY PRESS, LTD.,
formed that all Goods are being YONSIGNEES of Cargo are hereby and the HONG KONG
landed at their risk into the hazardous WEEKLY PRESS, through and/or extra hazardous Godowns of
the Hong Kong and Kowloon Wharf their London Office, at 38, and Godown OO LA whence and/or
frets the wharves Delivery may be FLEET STREET, E. C. 4, Tel- obtained
No Claims will be admitted after the 3187, are prepared to give Goods have left the Godowny and all
Goods remaining undelivered after the Subscribers and Visitors 11th Nov, 1938, will be subject to
advice regarding accommoda- rents made
All Claims against the steamer must
be
There were sellers at 1/2 15/16 November/January and 1/2 29/32
epresented to the undersigned on or tion available, motoring faci February-March, buyers. at 1/3 before the 25th Nov., or they will not lities, suitable Cash-November and 1/2 31/32 be recognized. December-January.
W
U. S. DOLLARS
1
There were sellers at 29 5/8
November-December, buyera at 29. Cash-November and 29 December.
SHANGHAI DOLLARS
21
180.
11/16
To comply with the General Bonded centres, etc. Warehouse Begulations, consignees
must have a Revenue Officer in atten-
shopping
dance when damaged antiable goods If, when at home, they will
are examined,
All broken, shared and damaged call or telephone to the above Goods are to be left in the Godowns address, they will receive the where they will be examined on the
9th Dec, 1838, at 9 km by Messrs utmost assistance and the Carmichael & Clarke..
by
No Fire Insurance has been effected. latest available information on Bills of Lading will be countersigned
W. R. LOXLEY & CO. (CHINA), LTD.
Agents.*
Bong Kong, 4th Nov, 1928.
(1941❘
all subjects of enquiry will be
placed at their disposa).