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SOLICITOR REBUKED.
Puisne Judge and Allega tions of Dishonesty.
In the course of delivering judg meat in a Rents' Ordinanca case in | the Summary Court yesterday, thaj [Puišne Judge (Mr. J. R. Wood) commented on certain statements reflecting on the defendant drm made by Mr. A. H. Crew during his conduct of the plaintiff's case. He pointed out that "it does not help either side to bring allega-| tious of dishonesty against the ther side without good cause."
The action was brought by Leung Lin San for possession of premises at 72 Connaught Read West of which the defendants, the Him Sang Fat firm, of 41 Des Vænx Road West, are tenants.
Mr. Crew represented the plain- in and Mr. M. K. Lo appeared for the defence.
“In this case,” His Honour said,. "a claim is made under the Rents
THURSDAY, SEPTEMBER 8, 1921..
SEE WHAT FRANCE IS WEARING!
Ordinance, 1921, for possession of premises. 72 Connaught Road West. The plaintiff claims an order under the provisions of section 4, sub-section I (e) of the Ordinance, the important words in which are as follows:-(an order) gainst any tegant in actual re-i upation shall be made only in e) the domestic tenement is reasonably required by the lessor for occupation as a residence.... ind the Court is satisfied
that alternative accommodation 13 available. I am asked by both j parties to leave in abeyance the question whether in these pro- reedings the lessor has shown ither the reasonable requirement
From France come full-skirted taffeta gowns reminiscent of for occupation within the meaning pre-war lavishness of dress materials. At St. Cloud, during the of the sub-section or the existence international tennis tournament the tuli-skirted tendencies in the equivalent alternative accom Parisian styles were evident. Not only are the skirts fall but they modation and to decide in the first are long. The girl on the left wears a taffeta gown with a flowered instance wither, assuming these border on the skirt. The deep roll collar is typical of the French two points in the lessor's favour, dressmaker. The sleeves are bell-shaped, the white lower portion the Court should make the orderbaving the same embroidered band as decorates the coltar.
laimed. I has been agreed that
nad
the event of a decision against
The dificult point for decision whether these premises were a building. A building was defined by Lord Esber 81 an enlosure of brick or stone work cwered is by a root." Under this definition th whole block of buildings, of which
the tenants on this basis, they mencement of these proceedings wholly or in part for buman habi- should be at liberty then to contend three fokis slept in 72 Connaught tation" etc. The important worde farther against the making of the Road West. On the 4th July the were building which is the sub- erder op the above grounds, while lessor gave to the tenants legal¦ject of a separate letting." He must a decision at this stage against notice to quit ander the tenancy, decide whether these words covered the lessor shall carry with it final the notice relating to both houses these premises. He interpreted izdgment."
11 Des Voeux Read West and 72 the words "subject of a seperate Proceeding to discuss the facts. Connaught Road West. This latting" to mean subject of a ler- His Honour aid two houses, notice expired on the 3rd August. tiog to one tenant only, not rubject Des Voax Road West and T2 Con- In a letter dated the 2nd August, to a letting from other premises. naught Road West (the latter the solicitor of the lessor demand. It would seem clear that theza pre house alone being the subjected possession, under this notice to pises were within the words “sub matter of the proceedings) were quit, of 72 Connaught Road West,ject of a separate letting". adjoining houses, situated back to without mentioning 11 Des Vœux back. They were part of a large Road West. This letter was fol- continuous block of buildings owed by another on the 4th which had one frontage in Con- Augast announcing the commence aught Road West and one in Des ment of proceedings for ejectment Vax Road Weet. The two houses also in respect of 72 Cocnaught
no internal communication Road West. There was other cor- 41 Des Voeux Road West and With the houses on either side but¦ respondence to which no reference 72 Connaught Road West Formsend & There was internal communication !is necessary.”
part, would form building and notween them, both on the ground! "I am not sure whether it is leach house by tsell or the 1*0 loor and on the upper floors. The necessary to do so, bat it is can house- together wouil constitute tenants had occupied these two venient to decide first whether at merely a portion of the building houses for 10 years. They had at the commencement of these pro-|-1 thick wald Is Hooow all times occupied and used the ceedings the relations between thebat" the intention of th: two hours together as oor house parties in respect of these pre-Urdinacce requires 5 They had always paid one in mises were contractual, but stricted messing to be given to Ausive monthly rent for the two qualified by this Ordinance. or the word "building. lo & tear hpanes together. without any an- whetter ther were purely bere large number of houses hav digament of particular cums of statutory, the contractual relations been erected in roma" deriving ant to either house singly. The having been already terminated by lateral support from cach other, r nternal communication now exist tegal notice to quit. It may be would lead to absurdities of all ing between the two houses was argued that the lessor's legal kind to regard the whole terrace a existence when the tenants first notice to quit both houses. dated as one building under this Urdia k possession. The tenants at 4th July, was by implication ance. I adopt for this Ordiance- irst held the premises under one waived in the premises of his later the following modification of Lord Esher's definition: "An enclosure written lease for one year at a rent letter. That may or may not have payable monthly. No clause was been his intention, but it is for of brick or stone work or any other servicesble material covered in by ncluded in this lease under which the tenants to show that the he tenants covenanted to block notice is no longer subsisting. I ne roof and without immediate ad direct communication with up the internal communications has not been specifically with- Any other similar enclosures on the expiry of the lease. During drawn. On the whole I am led to His Honour found that, in this the currency of the lease the conclude that it is still valid. It esse the two houses occupied by premises were sold, both houses follows that for the purposes of the defendants, at it Das Vieux together, to the mother of the pre-the present judgment the tenants Road and 72 Connaught Road West eat plaintiff through whom he will be considered as merely respectively, which stand back to had derived his interest. No write statutory tenants."
back and are adjoining. formed
mote r
ten lease was granted by the new It was admitted by the solicitor altogether one building and each purchaser to the tenants. It acem-for the plaintiff, the Puisne Judge houss by itself was not there- ad unnecessary. His Honour said, proceeded, that (atanming that the tore dora estic
Ordinance" said the
to decide all the terms under which evidence offered for the plaintiff · The
on vacating either house or both
E
tenement.
the defendants with costs."
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Ordinace there may
the relations of landlord and top-about closing up internal com Puisae Judge, has provided co ant continued between these musications was to be accepted) if machinery by which the Court can parties. The tenancy became a the terms of the contractual deal with portions oals of a domes- monthly tenancy. The plainti teoacey were to be read into the tic tenement. The plaintiff there- had called evidence to show that statutory tenancy, the plaintiff fore fails. I eater judgment for at the date of the assignment of could recover possession of both the premises to his mother, ahouses or of acar, but not of one verbal agreement WAX entered house only.
His Honour Weat co "I think it is lord who desperately needs housing the Reata* Into between his mother's rent It bad been contended for desirable that I should make some accommodation. This is a case of be a Tery great conflict be
plaintif tbat collector and the tenants, that the the
ucder the reference to remarks made in the tenant trying to take every dis.tween the interests of landlord tenants should block up the in- Ordinance be had become the course of his conduct of the plain honest advantage of an Ordiases and tenant. It does Dot ternal communications at any time statutory lessor of 72 Connaught ti's case by Mr. Crew and all the that was never intended to apply help either side to bring allege
Road West and CORY now more desirable because I notice to business premises.'*
tions of dishonesty against the therefore claim БД order for that these remarks have appeared hoases. "I find that the rent possession of this house as
"I discouraged these remarks at other side without good cause. collector who gave it was stating domestic tenement
in the raport of these proceedings the time that they were made" would also add that though I have withic the which has been published by the proceeded the Puise Judge. "Hav. rejected as false the evidence of the meaning of section 2 (b).
He local Press. The report publisheding heard the evidence I am satisfi.rent collector called by the pisiatif my view no agreement. by the agreed that if the subject matter is fair and accurate, Mr. Crewed that the case for the defendants, I acquit the plaintiff himself per teaants, made at any time to close of these proceedings, 72 Connaught opened his case by saying: "This the Hau Sang Fat firm, has been ally of any attempt to mislead up these internal communications. Road West, in fact constituted as a case in which a dishonest presented by them to entire good the Court.”” has been shown to have existed.domestic tenement as defined, he tenant can profit by the Reuse faith throughout. Whatever steps The tenants are a Chinese whole-must decide at that stage for Ordinance to the detriment of the they have taken appear to me to: sale firm. They have occupied the plaintiff. The definition was a landlord."
have been taken in an honest Mrs. Janet Macdonald has died two houses as one establishment, follows:-Domestic ténement in- He is further reported as saying, defence of what they believed to at Glasgow in her 102nd year. asing 41, Des Voeux Road Westcludes every bed space, cubicle, "That is what I am protesting be their legal rights. Their manag. She belonged to a longlived family. as an office and as a residence for room, portion of a floor, floor.or against in this case, this is not abona ing partoer gave his evidence in a Her mother lived to the age of their staff and 72 Connaught Road building which is the subject of a fide defence but su attempt to keep straightforward and satiefactory 16, and ber eldest sister was 104 West as a store. Until the com-separate letting and which is used a cheap godown away from land manner. In all cases under at the time of her death.
what he knew to be untrue. In
FAMILY OF CENTENARIANS.
1