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THE HONGKONG" TELEGRAPH,
TENANCY ACTION.
ARGUMENTS IN BUDREE VILLA CASE.
THURSDAY, MAY 17, 1928.
aney was perfectly valid and on- CONSIGNEES NOTICE. forcible and was a perfectly bind-
ing tenancy on both the tenant or the mortgagor. He further con- tended that there was no evidence that, the mortgagees gave any notice of their intention to inter Mr. Justice Jacks reserved judg-vene in August. He then went on evidence after ment in the Summary Court yeater- to deal with the day afternoon in the case in which which he submitted that the Bank' the Bank de l'Indo Chine, French had adopted the tenancy on the Building, sued Mr. J. II. Witchell, original terms and if they had manager of the King Edward adopted that tenaney they could Hotel, for $1,000 as mesne profits not turn round later and accuse In respect of Mr. Witchell's oc-Mr. Witchell of being a trespas eupation of Budree Villa, North ser. Point.
"Something for Nothing"
THE BEN LINE STEAMERS, LIMITED.
From MIDDLESBRO”, ANTWERP,
LONDON & STRAITS. « The Steamship,
"DENCLEUCH" Consignous of Cargo are hersby fa- formed that all Goods are belog land- and/or extra hazardous Godowns of d at their risk into the hazardous The Hongkong and Kowloon Wharf and Godown Co., Ltd., whonce and/or from the wharvas delivery may be obtained,
No claims will be admitted after The period of Mr. Witchell's oc- cupation was from April, 1927 Mr. Watson said he wished to the Goods have loft the Godowns, and all Goods remaining undelivered after until March 16, this year, and the remove the impression that the the 18th May, 1928, will be subject to cane concerned a tenancy agree Bank was getting something for rent.
All claims against the steamer must ment come to botween Mr. Witchell nothing from the work done by and the landlord (who had pre-Mr. Witchell as that was not so. be presented to the Undersigned on er viously mortgaged the premises to The repairs could have been done before the 1st June, 1928, or they will the Bank), by which a sum of $1,-equally well by the Bank and add-not be recognized.
All broken, chafed, and damaged 641 incurred by Mr. Witchell in of-ed to the value of the mortgagee. Goods are to be left in the Godowns, fecting repairs was to be repaid by The fact that someone else had ef-where they will be examined on the deducting the rent of $125 perfected the repairs did not affort 17th May, 1928, at 10 a.m., by Messrs.
the the position of the Bank in the Goddard and Douglas, month. The Bank sued
slightest. mortgagees of the property.
Mr. M. M. Watson was for the Bank and Mr. D. L. Strellett con- ducted the case for Mr. Witchell.
28
Matter of Consternation.
No Fire Insurance has been effected. Bill of Lading, will be counter- signed by,
Agents, GIDB, LIVINGSTON & CO., LTD.,
Hongkong, 11th May, 1928.
THE BIRK CASE,
Dealing with the evidence Mr. Watson asked his Lordship to note that the payment to the landlord of $350 bv Mr. Witchell was paid on account of rent and that there was! no evidence at all of the amount Mr. Strellett said it would, no which Mr. Witchell expended on doubt, be a matter of some sur-behalf of the landlord. Mr. Wat- prise and consternation to many son continued Mr. Witchell had tenants and leaseholders in the said that he was liable for a bil Colony when they realised a posi-for $1,541 except for items of CARRIED TO THE COURT OF tion which might arise if they paint but he had not been able to discovered that, in fact, their give any definite sun although he landlord was a mortgagor and had been asked several times. that at any moment, through cir-There was evidence of the cumstances over which they had amount claimed by Mr. Witchell to no control whatsoever, they would set-off against the landlord, be at the mercy of the mortgagee of the property with regard to eviction, claims for meane profita and other claims that, arose out of such action. It was clear that at Common Law the lease made by
110
Mr. Strellett protested against Mr. Watson's assertion and some discussion turned on it.
No Definite Sum
.
APPEAL.
Reval, May 16.
The case against M. Birk has been taken to the Court of Appeal by both the prosecution, and the defence. Although acquitted of high treason on November 4 last, M. Birk was found guilty of dis- obeying, the Government's orders. Mr. Watson said that the lack of The prosecution now seeks his the mortgagor was good against a definite figure was most import-committal on all charges. Mr. everybody with the exception of ant because, if the landlord claim-Birk seeks an absolute acquittal the mortgagee and the tenanted against the defendant and he-Renter, could not, even if he discovered the wanted to make a set-off, he would precarious position in which he have to do it in the form of a M. Birk, the former Esthonian found himself, do anything to es- counter-claim because the accounts Minister to Rusula, was charged cape from his liability to the mort-would have to be examined. At with publishing, in the interests gagor at that time.
the present moment, said Mr. Wal- of a foreign State, accrets The mortgagor was entitled son, Mr. Witchell was not able to cerning Esthonia.]
(This case was one in which
con-
DEATH SENTENCE ON MAN
to distrain and exercise all say what that amount wAR the ordinary remedies of the Mr. Watson.continued that the landlord and apparently, even Bank demanded the rent in Janu-TRAIN SMASH SEQUEL. if the mortgagee was to vary and Mr. Witchell had not notice that he was the mortgagee paid. That was all that was re- and did not ask for the rent to bequired, of the Bank, Mr. Watson paid to him, the trembling tenant contended, as all they had, to do found himself compelled to go on was to bring the fact to the mind paying rent to the mortgagor al of Mr. Witchell that the Bank was though the danger of his position had been made clear to him by the claiming the rent. The Bank was, therefore, entitled to the rents for notice of the mortgagee.
January, February and March,
Agreement Valid,
Adoption Point.
FOUND RESPONSIBLE.
dacoity and murder in conjunc- Three other tion with others. prisoners were nequitted.-Reuter.
Rangoon, May 16. As a sequel to the train amnsh last January the sessions fudge an Indian The Bank had not considered it Mr. Pegu sentenced worth the expense of turning Mr.named Kali to transportation for Mr. Strellett went on to argue Witchell out, continued Mr. Wat-life op the charge of pulling up a that the mortgagor had a perfect son, at an earlier date, so they length of rall with a view to right to make the agreement with had waited until he left and is wrecking the train and to death Mr. Witchell and the lease, which sued the present writ which could on the charge of committing a was good against, anyone except be tried in the Summary Court. the mortgagees, was a perfectly valid one. The arrangement was that the rent should be paid by With regard to the adoption quidating a liability on the pre-Mr. Watson argued that there was mises in regard to repairs for no evidence to show that the Bank which the landlord had expressly took such a course or that they! made himself liable and such an agree to renew the tenancy, lie arrangement was not unusual. went on to say that the Bank was Mr. Strellett pointed out that not concerned with the agreement"; there would have been no tenancy between Mr. Witchell and the land-} without the repairs. The tenancy, ord. Mr. Watson quoted authori-
Kovno, May 16. with the repairs agreement was ties to show that such a set-of
Beacons have been lighted perfectly legal and justifiable and could only be made by an interest was one, by which any person who in land and not by a personal con- throughout Lithuania as a sign of subsequently became entitled to tract and added that Mr. Witchell's protest against the Polish occupa- the tenaney, was bound.
avenue for relief was to proceed tion of Vilna on the occasion of the national fete to commemorate the declaration of the country's against the landlord.
Judgment was reserved.
independence-Reuter.
Mr. Strellett submitted that the arrangement in regard to the ten-
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