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RAYMOND CONCRETE PILES.
THE
UNDER CONTRAGT
with
H. M.
NAVAL
YARD
APPROXI-
MATELY
1000 FEET
of
PILING
for the Week
Ended
-10th Dec.
1925,
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GIVE HIM CIGARS!
But, make puite cure that the Cigars are the best priemoola.
WE ONLY STOCK THE BEST.
ABAQUERIA FILIPINA
LEADING TOBACCONISTS
IN THE FAR EAST
THE HONGKONG TELEGRAPH,
WEDNESDAY, DECEMBER 23, 1925,
HOTEL POSSESSION CLAIM. the purposes of an hotel did require Continuing, His Honour remark-
SETTLED BY AN OLD DECISION.
A Curious Case,
Judgment has been delivered in the Summary Court by Mr. Justice J. R. Wood in a case in which the Wing On 'Company Ltd. sued for possession of Nos. 30 to 40, Woo Sung Street, Yaumati. from the Chung Yuen Hotel Company Ltd.
Mr. F. C. Jenkin appeared for the plaintiffs at the hearing and Mr. C. G. Alabaster, K. C., for the defendants.
an exclusive occupation for its confed that Mr. Alabaster had ques- duct. The right to demand accom-tioned the jurisdiction of the modation for board meetings, and Summary Court to entertain" the to do repairs, did fict, in his opinion, claim, but it seemed to him that mako sumciently substantial ma-¦ Scution five of the Ordinance, from terial to indicate an intention to which the Summary Court derived retain possession.
its jurisdiction, had conferred on the court an exclusive jurisdiction to decido in the first instance the dispute between these parties on this point.
Argument followed on the ques- tion of costs, and at the conclusion His Honour entered judgment for ne defendunts with costs.
This breach of the covenant tho plaintiffs had waived.
The plaintiffs set up a further of the and subsequent breach
He also added that many points covenant, and relied upon it to gain
He arose for consideration and he. possession of the premises. considered the law applicable was would venture to add that if the
Law.. English Common
His plaintiff company were to succeed. Honour, quoted a case decided in in establishing second brunch of 1603 and which was followed in the covenant involving a forfeiture England for 250 years, in which of the lease held by the defendant the ground of the decision was that company, the defendants would no In the course of his judgment, the lessors of curtain land had longer be able to rely upon the dispensed with an allenation which waiver ns a basis for claiming the His Honour said the premises were used mainly as an hotel and they was contrary to the covenant in the protection of the Rents Ordinance constituted a "domestic tenement" lease and that they had thereby of 1922.
alienations within the meaning of the Hong-dispensed with all
thereafter, kong Kents Ordinance of 1928.
Law Altered. Plaintiffs acquired them by pur- chase in August, 1923. Defondant
The law so stated operated in company was then tenant of the England until 1859 when the Law whole premises under lease of Property Amendment Act was granted by a previous owner. Innated in 1869. By that act re was for a period of five Chinese triction was placed on the effect years from November 12, 1920. At of a licence to alienate. Future] the date of the issue of the writ licences to assign or sub-let were, in the case that lease had not, ex- held to extend only to 'the permis pired. The lease contained #sion actually given. This atatu. covenant against assignment.. Ontory provision was adopted in May 22, 1924, the defendant com- Hongkong in 1873. Alter its pany entered into a contract in passing in England the effect of writing by deed with the Hing Kee the 1003 case upon questions of arm in respect of a part of the waiver still remained. The effect premises. The plaintiff company of a waiver by a lessor of a covenant heard of this contract in the follow not to assign without permission ing month and then alleged a breach was restricted by a Law of Pro- of covenant. It was agreed that perty Amendment Act in 1860 but any forfeiture incurred in respect the section of it which had bearing of this alleged breach was walved had not been adopted in any of} tora, including forty-seven pas by the pinintiff company. In fact the Ordinances of the Colony. The senger ships. they began an action and then result was that he found hiroself. withdrew it, after which the plain bound to follow the rule of Dumpor's
WIRELESS OPERATORS'
STRIKE.
QUESTIONS IN COMMONS.
Board of Trade's Impartiality.
London, Dec. 20. In the House of Commons, re- plying to questions, Sir Cunliffe Lister said that since November 26, in consequence of the strike) of wireless operators, five hundred ships had aniled without opera-
The Labour member, Mr. Ans
tiff company continued to receive case, the 1603 decision, and find mon. asked if the action of the rent under the lense from the de- fendant company until June 1
1925.
Covenant Broken,
Board of Trade in refusing to de- tain ships was not participating in one side of the strike.
Sir Cunliffe Lister replied in: the negative, adding that the Board was maintaining complete. impartiality.
Sir Steel Maitland, Minister.... f Lubour, said at a meeting at the Ministry of Labour yesterday, he had arranged a conference with Ile therefore entered judgment both sides for to-day---Renter-
Judgment for Defendanta
that the waiver by the lessor of the earlier breach of the covenant had a general effect, and was not Tt confined to a single breach. was no longer possible for the It then game to the knowledge plaintiffs to rely upon the clause of the plaintiff company that the containing the covenant. No for Hing Kee fem had, by a contract feiture had occurred and the de- dated November, 1924, transferred fendants were still entitled to the the benefit of their contract with full benefit of their tenancy under defendants to the Wing Shing firm, the lease. Plaintiffs claimed that this contract was entered into with the know- edge and consent of the defendant. company, and was further acquies for the defendants, ced in by the defendant, who re- ceived rent from the Wing Shing firm. Plaintiffs 'claimed that this constituted a breach of the coven- ant and resulted in a forfeiture.
Plaintiffs solicitors then wrote: to the defendants informing them] that unless they quitted the pre- mises within a week legal proceed. ings would be taken to enforce The their rights under the lease. present proceedings then followed. The Contract.
The contract between the de- fendants and the Hing Kee hadj bern produced. It was described as a lease but that description was without legal effect. The Ring Kee were described throughout as licensees and the defendants as "the company." It contained pro- visions allowing for the handing' over of all furniture, Altings and utensils upon the premises, with fall rights for the licensees to use them during the continuance of their license; also that the licensees should pay a monthly rent in res- peet of the licence and the furni- bare and fittings.
There was also a provision that they should keep the premises pro-i perly fitted up and decorated and in good repair, damage by fire alone being excepted. Under the contract, the company were to be allowed the use of one floor for
general meetings of the company in the day time and a room for board meetings at night free of charge. The company or its agents were to be allowed to enter and inspeet at all reasonable times. The Hing Kee were not allowed. to assign or otherwise dispose of
the premises unless by the consent;
of the defendants' in writing, and)
to deliver up the premises at the end of the licence..
The period named in that con- tract was identical with the balance
of the term of the lease Lold by the defendant company.
Involved a Breach.
In His Honour's opinion there' was no doubt that this contract involved a breach of the covenant with the plaintiffs. It constituted an assignment of the balance of tho term of the lesso and was made without the required consent. It had been held, he added, that an owner giving up land for purposes which required practically exclu- sive occupation, he did not retain possession by reserving the right| to enter and inspect. In this case
SALE ON
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GIFTS
of all descriptions can be obtained
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GREAT REDUCTION
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AND
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Columbia New process RECORDS
A Complete. Album
"
OF
Gilbert & Sullivan Orchestral Selections
IOLANTHE PRATES OF PENZANCE MIKADO
PATIENCE
CONTENTS
GONDOLIERS PINAFORE
YEOMEN OF THE GUARD PRINCESS IDA
EIGHT RECORDS COMPLETE IN ART ALBUM GIVE IT FOR CHRISTMAS
TO BE HAD AT-
ANDERSON'S
FOR MAN
A visit to our Gentlemen's Establish... ment in Pedder Street, will make that selection of a suitable present for your friend an easy matter. There is a host of suitable gifts on show, including:-
Ties and Hankerchiefs
"Braces and Suspenders
(to match)
Gloves and Scarves
Shirts and Pyjamas
Socks and Golf Hose
.etc..
Dressing Gowns
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Bags and Fitted Cases
Waistcoats and Sweaters
etc.
Quality considered, our prices will
be found as low as any in the Colony,
Wm. POWELL, Ltd.
Gentlemen's Outfitters.
During Xmas Week Our Store will Remato
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