ASTOR HOUSE CASE.
MR. AND MRS. SIMPSON'S
CLAIM FAILS.
CRICKET.
THE HONGKONG TELEGRAPI),
COURT MARTIAL.
FRIDAY, OCTOBER
DAIRY FARM NEWS
The following will represent the Indian Recreation Chub in
N. CO. IN TROUBLE their Second Division League match against the Royal Eng- Band Sergeant A. G. Jones, In the Summary Court this ineers on the former's ground 2nd. Br. King's Regt.. -came morning. Mr. Justice Gompertz) to-morrow, commancing at 2.15 before a District Court Martial, delivered judgment in the action pm. :-D. Rumjahn (Capt at Murray Barracks, this morn- in which Mr. and Mrs. W.P. A.H.M. Samy, Sirdar Khan, EA. ing, charged with having receiv- Simpson sued the Astor House Moosdren, A. Kitchell, I. Hassan, ed from the Band President | Hotel, claiming $1,000 for wrong-J. S. Actber, Y. A. Wahab, O chaques to the value of $8173, ful distress. Mr. N.I. Brewer was Rumjahn, M. P. Madar and A. A.(which it was his duty to cash for plaintiffs and Mr. F.G. Vaux] Fattydad.
at the Chartered Bank) and ap *for the defence.
K.C.C. “A” team are to play plying 659:08 to his own use. His Honour said: The plain- Hongkong C.C. at Kowloon on with intent to defraud tiffs, who are husband and wife, Saturday at 2.15 pm. The follow- occupied a room in the Astoring will represent Kowloon House Hotel of which defendant Messrs. J. P. Robinson (capt. is the proprietor. The rent was Jez. B. Fetheram, A.W. Ramsay, $169.50 per month. payable E. Phillipson, R. Earnshaw, J. C. monthly in advance. The Fletcher, W. Hyde. R. Pastonji, plaintiffs lived in Kennedy Road, LA.R. Duncan and C.P. James. but Mr. Simpson used the room
for the purposes of his business
85
a tailor, sleeping there casionally upon a mattresse
The Court was composed of Major E. S. Halford (President), Capt. W. J. O'Brien, M.C., and Lioût. J. W. Ozcott. Capt. W. A. Hanney, A.F.C.. prosecuted.
Bandmaster H. G. Hemsley told the Cours that on the morn ing of Sept. 27th. "accused
him to look at the
We are pleased to announce the arrival of a shipment of Frozen Meats, etc., by the S.S. "Taiyuan,”
including:
New Zealand Lamb
and
Australian Rabbits.
oc.were on the premises. He en- asked
[quired of Vaz" as to Simpson's bank accounts. Accused told On or about the 6th of August [address and was informed that it him that he was about $100 the rent was due and unpaid was somewhere in Kennedy Road, out and he had spent the money. after repeated demands, and on but that the number was not Witness examined the accounts the 6th or 7th August Mr. Simps.known. He was also told that and noticed signatures for certain DD Wen! 10 hospital. Simpson locked up the room,upon, says the bailiff, be followed Witness asked accused to explain handed over the key to Mr. Vaz the usual practice; that is, he the manager, and went home.left the notice of seizure with The days went by and the rent copy of inventory and appraise was not paid and finally on the ment in the room with the bailiff's 22nd August a distress was put men.
Mrs. Simpson was in hospital. There amounts and a number of receipts. The Dairy Farm Ice & Cold Storage Co., Ltd.
in.
the 29th August.
the receipts and accused replied. "I have faked them." Accused was placed under arrest.. Later, witness discovered that three cheques were missing from the end of the cheque book.
The contents of the room The question is whether what were sold under the distress on the bailiff has done is sufficient) Capt. G. E. M. Skinner, Band compliance with the provisions President, said on Sept. 1st he Particulars of the claim set-of section 17. Under the Act gave accused two Chartered Bank ting forth the facts and the of William and Mary, seccheques. One drawn against the principles of law deemed to be tion notice of the disofficial Band Fund was for $42.93
applicable have been furnished tress (with the reason therefor) and the other, against the String to the defendant. Some of the is to be left at the chief mansion Band Fund, was for $41.80. Those grounds relied on were given up house or other most notorion cheques were to pay certain bills at the hearing. Of those that place on the premises charged against those funds.
On Sept. zemsin 1 will deal first with the with the rent distrained for. Br 5th accused brought witness the contention that tenancy section 17 of our Ordinance the receipts for the whole of those
the having determind before 22nd-notice is to be given to the bills. On Sept. 27th Bandmaster | August, the relationship of land- debtor. Now the debtor here, it Hemsley reported to witness lord and tenant was at an end, is agreed, was not given the that certain receipts were in- and the distress therefore illegal. notice. The section however correct. Witness examined the Mrs. Simpson gave evidence that proceeds or any other person receipts and this appeared to be so. on or about the 9th, and again on on his behalf in or upon the said
Mr. W. Anderson, of the Ander- 13th. August she asked Mr. Vaz house or premises." The notice for the key in order to visit the has here of course been givenson Music Co.. Mr. A. S. Abbott, of Messrs. Kelly & Walsh, and room. She says that the key was to some person upon the pre-o Chinese each gave evidence denied her, and that on 13th.mises.”
What August. Mr. Vaz stated that she
is the proper could not Ko ** the roomtruction of the words till the rent due had been his behalf?" I the mean- paid in full. Mr. Vaz does noting that the Person admit these interviews, but, onbemeone connected with the the whole. I am satisfied that debtor, as a member of his house Mrs. Simpson's memory of what held or an employee, someone in took place is correct.
fact who might fairly be treated Mr. Brewer urges that this as his agent to recrive the notice firms. denial of access to the tenant If so. then clearly the law has
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to the effect that the receipts. CB- produred were not signed by any member of their firms and their bill- had not been paid.
For
-t Cross-examined by accused, all the witnesses told the Court that the receipts bore no resemblance to those issued by their respective
Accused's defence was that ar
amounted in fact to a re-entry by not heen vom, ind with in this the receipts did not in any way the landlord, and so to a deter-[case. mination of the tenancy. With Bu
resemble official receipts there the whole having was no intent to defraud.
this contention I am unable to regard both to the English Statute agree. It may be that what took and to local circumstance place gave the tenant a right of think that this is not the inten action as for a breach of histion of the Ordinance. implied covenant by the land-
Accused's history sheet, which was read, showed him to be a man of 33 years of age with service dating back to 1901.
The Court then closed to
understand that it is not lord, or possibly again as for unusual for the bailiff to find consider sentence. a trespass. But it does not neither the debtor nor anyone follow that a breach of contracte nnected with him on the or a tortious act of this kind premises, when he seize the
by the landlord if such there goods. The debtor may have no was in lax-ipso facto determines other address he may have! the tenancy. At the very highest, absconded leaving none con-
A PUZZLE A DAY,
it might be held that such breach|pected with him on the premises. A blind man selling pencils. or wrong rendered the tenancy In such case. is the bailiff was met by a man who bought determinable at the option of the to search the Colony to find some half his stock and then returned, tenant. He might exercise the person whom he can serve? It 10 pencils. The second person option, or he might not. But it is might frequently happen that no he met bought one-third of the clear that in this case the tenant such person could he found. If remaining stock, and gare back! throughout treated the tenancy section 17 is to be construed as two. A third person bought half as valid and subsisting. For in- Mr. Brewer contends, it would if the remaining stock and gave stance, Mrs. Simpson states that often be impossible for the bailiff back one pencil. The blind man on August 15th she offered to pay to proceed to û ale. In my then counted what he had left half the rent. And again when opinion, the intention of the and found there were 12 pencils, the plaintiffs saw Mr. Vaz on Legislature is that if the debtor How many did he have in the 24th August it is manifest that|is Tint readily available the beginning? they desired the tenancy to con-notice may be given to some tinue, and treated it as still in person on the premises who will force. On this ground, then. I hand it to him if he comes there. am satisfied that the plaintiffs If he stays away, it his own! fail. I
misfortune.
Yesterday's answer:
23
25
271
28
24
26
I come next to the contention In the present case the bailiff that the plaintiffs were given no stated that he would have written notice of the distress, as the law to Mr. Simpson had be known requires, and that the sale of the the number of his house. He tenants goods was therefore adds that he did not wish tri irregolar. As is well known, the disturb him in hospital. I am landlord's right of distress for satisfied that the number could! rent has its origin in the common have been readily ascertained by law. But at common law, hav-Vaz had he taken the trouble. ing seized the goods, he is entitl-But in fact I have no doubt that ed merely to hold them as Mr. Simpson had the means of pledge. He has no right of salc. knowledge had he made a rational! The right of sale on a distress use of them. When he and his pieces of cardboard appear as for rent under a demise depends wife saw Mr. Vaz on August 24th. Shown above. The dotted lines in England upon the statute of the latter told them that the indicate how 28 and 27 appeared William and Mary, Sess. I Cap 5, matter was in the hands of the as 20 and 21, due to another piece which became law in 1689. The Court. He says that he used the of cardboard overlapping. The levy of distress for arrears of words distress and bailif. This numbers, however, are still in rent in the Colony is is denied, but on the whole I consecutive order and total 175.
governed by the Distress for Rent accept his version of what took Ordinance, 1883. Section 17 is as place.
follows:- On seizing any pro- I think thatsubstantially hogave perty under section 15, the bailiff information which would have shall make an inventory and ap-enabled a reasonable man to un- praisement of such property, and derstand that a distress had been shall give a copy of such in-put in. It is unfortunate that ventory and appraisement and either through ignorance or want notice in writing, according to the of diligence Mr. Simpson did not form in the 2nd schedule orto the call on Mr. Hill-to whom he was like effect, to the debtor of to any apparently personally known--till other person on his behalf, in or September 14th.--some days after, upon the said house or premises. the sale. Had he done so before Now, it appears from the 29th. August. he would undoubted- evidence of Mr. Hill, Firstly have been allowed to remove Bailia of the Court. that articles which though of import- ho served: no notice under ance to himself would be of noi the OrdinancA проп either particular value to a purchaser
the plaintiffs personally. the sale, ·
of
When he made the seizure, nei- I must give judgment for the ther Mr. Simpson nor his wife defendant with costs..
When spread out. the seven
Harold Lloyd
safety
last!
Tushing
Purpares
When Motor Trials were first suggested for Hongkong, there were some people who asked- Have we got a sufficiently keen motoring public to ensure success !" that query we can now say'------
To
YES! WE HAVE GOT
a remarkably keen motoring public as evidenced by the fact that there were over 80 competi- tors and more than 250 entries in the various events.
Motor Trials represent the instructive aspect of motoring-the really humorous side coming under the heading of Motor-
GYMKHANAS
and Hongkong is to have such an attraction on the Third, of November.
In order to assist the committee, it is requested” that as soon as the entry forms are available. they be immediately applied for and returned as early as possible,
You can have
the pick
of our wide selection
of cholce cigars,
cigarettes, tobaccos,
etc., at
The Hongkong Cigar Store, Ltd.
Áberandra Bulding.
THE BENEDICT.
BY BERTON BRALEY,
Sometimes, when I think of my bachelor days,
When I was as free as the air, Without anybody to question my ways, Or ask me the why and the where;
I heave just a wee little bit of a sigh,
For days that are pleasant to scan
I cut quite a swath in those seasons gone by.
But now--I'm a Family Man.
*
"And then," I consider, “my soul was my own;
I did what it pleased me to do.
My cares of to-day were completely unknown,
My frets and my worries were few.
No wife and no children for me to support,
I roved with the bachelor clan,
Ah then I was truly a free-handed sport,
But now-I'm a Family Man."
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*
Yes, often I think of those days, with delight,"
When I was a bachelor free..
But when I come home from my labors at night,
And find my kids waiting for me;
And Mary is there at the door with a kiss, The same as when wedlock began,
I chucle. "In life nothing's better than thie Thank God, I'm Family Man,
Powell
Telephone C.3146
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