RESPONSIBILITY OF REMOVING WATER
LANDLORDS.
MAGISTRATE AND LAW ON BASEMENTS.
METER.
‚ MR. J. M. ALVES SUMMONED BY WATER AUTHORITY.
THE HONGKONG TELEGRAPH WEDNESDAY, SEPTEMBER 11, 1929,
BRUTAL SWATOW
MURDER.
WEALTHY MERCHANT DONE TO DEATH.
POSITION MADE CLEAR. TECHNICAL OFFENCE. FIVE ARRESTS MADE.
Apropos of a comment which Mr. J. M. Alves, of No. 1, Min- appeared in a recent issue of this | dən Villas, was summoned befors paper touching summons Mr. T. S. Whyte Smith, at the against a landlord for allowing Kowloon Magistracy this morning, the basement of certain promise at the instance of Mr. J. S. Din- to be used for habitation without non, of the Water Authority, who the permission of the Sanitary alleged that the defendant caused Board, the following statement was made by Mr. T. M. Hazlerigg at the Central Police Court on Saturday:
"My attention was called to an article in the Hongkong Telegraph which appeared likely to give rise to some misunderstanding as to a landlord's Hability for letting basements for use as workshops or for humun habitation or for allowing their use for those pur poses. The article appeared to indicate that I held the view that a landlord could not be convicted on a summons for an offence under
the section. Any ruling to that effect would, in my opinion, be entirely contrary to the purport Each case of the Ordinance. must, however, be judged on its own merits, on the facts as proved. What actually happened at the hearing of an earlier case was that I expressed disagreement with the views held by Inspector Foster that It was the landlord's duty to visit and inspect his premises and ascer tain from time to time the use to: which they were put. I took the the objection that once landlord has let his premises, and for the duration of the tenancy for which he has let them, he has no general right at all times to enter and inspect his premises. He fre- quently reserves by his agreement a right to enter at times in order that he may see the state of repairs, but It is unusual to reserve a right of entry for the purpose of other in- spections.
Out of Control?
The defendant admitted respon- aibility and said that he did not know he had been committing an offence. lie explained that he ing the house, demolished and a was having the old wall, surround new one erected. The contractor in
taking down the old wall left the meter suspended... He was told to remove the meter and instal it when the new wall was finished.
In the meantime, the meter was kept under the watch man's bed.
The defendant mentioned that the house was not occupied and there was no tap being used on the premises.
Swatow, Sept. 10. 'Swatow has been stirred by the discovery of a particularly atroci ous murder.
A wealthy me
merchant named
$60,000 DIAMOND ROBBERY.
SINGAPORE_AGENT'S" LUSS ON TRAIN.
CLAIM ON BANK SETTLED.
AGREEMENT REACHED, AT LAST MOMENT.
EMPTY BÁG FOUND. JUDGMENT ACCEPTED, Penang, Sept. 8. An action for the return of A sensational theft of jewellery deposit money, sat down for hear and diamonds is reported to haveing before the Chief Justice in occurred on the F.M.S. Hallwaye in the Supreme Court, was settled the early hours of yesterday morn between the parties this morning. ing....
The plaintiffs were the Wing Cheung Kat firm, of 185 Con- naught Road Central, who taued the Hong Yik Bank of 38, Wing Lok treet/and Li Ku-linas fa partner thereof.
flung disappeared early last week,
The daimonds in question belong His relatives made enquiries at all to be removed a water meter in-likely places without result, and on to a well-known Singapore Chinese stalled on his property at Kowloon the fourth day of his disappearance firm and were being sent to Fenung Tong.
the matter was taken up by the by the agent. police.
The agent boarded the night mail them to trace the missing man'a ing buying a second-class ticket. He Enquiries by detectives enabled at Kuala Lumpur on Sunday even- movements to a point where he apparently kept awake guarding the had had a long conversation with valuable property which he carried another man in a Japanese hotel.in a small hand bag till. Ipoh was was discovered and his house
The identity of this second man reached.
After passing Ipoh he went to searched. It was found to be the sleep soundly and when he awake headquarters of a gang; five let near Nibong Tebal he found his ters had been written demanding bag, which he had placed beside him, ransom, and suspicious circum gone. He at once raised an aların stances leading to further seach, and a search was instituted and the the police arrested five men in the bug was discovered in a lavatory, gang, who, under examination, but the contents had vanished. confessed to murder.
The theft, it is presumed, occur The police dug into the floor, and red between Ipoh and Nibong the body of the missing man, with Tebal. many wounds in it, was found A full report was made on the Mr. Dinnen said that the meter buried.
arrival of the train at Bukit Merta was installed on April 11, at Why the man was so evilly treat-jam where the railway authorities which time the wall was finished.ed, and then murdered after let held an inquiry.
The agent furnished full detalls The authorities had received no tare, some of which he was com instructions to remove the meter pelled to write himself, were sent of the stock he carried which con- for the erection of a new wall. demanding ransom, does not yet sisted of loose diamonds and other appear, unless the gang hoped to jewellery. Further investigation is get the ransom without handing procceding but no arrests have so been by no means easy.. over the man which might have far been made.
His Worship remarked that he supposed it was very likely the defendant did not realise that he could not remove the meter.
Mr. Dinnen agreed and intimat
"
To-day's Chinese papers have ed that he understood the defen-pictures of the five arrested men.
-Our Own Correspondent. dant had caused the meter to be removed without knowing he was committing an offence.
Mr. Alves explained that he had tried to protect the meter by hav- ing' it taken away.
His Worship (to Mr. Dinnen): I think It is rather a technical offence.
".
BANDITS KIDNAP
GERMANS.
(Continued from Page 1.).
Mr. Dinnon-It is a technical offence. "I also expressed the view that once the landlord had let the pre-was a ense where they should have Continuing, Mr. Dinnen said it mises he had, for the duration of been notified that the old wall was the tenancy, put it out of his own being knocked down so that they power to control the manner in could take the meter and replace which the premises were used.
it when the new wall was built. "Following on this, I discussed If the Water Authority the interpretation of the words been informed in April that a few 'suffer and permit and expressed wall the view that the words connoted would have waited before install-
was being erected, they The same afternoon, the Ger- a power to hinder or prevent the obing the meter.
ladies walked man jectionable net, and I furthermore
Ipoh, Sept. 4..
The diamonds and cash lost on the F.M.S. mall train are valued at $60,000.
CHARLES RAY.
ROLE OF PRIZE FIGHTER
IN FILM.
So real is Charles Ray's charac- When Mr. Birkett and the ladies terization of the prize-fighter in crossed over to see how their "The Count of Ten, which is now found one lady with a red ring Kowloon, that you have German friends had fared, they showing at the Majestic Theatre, round her neck, where the cord your neighbour his name again to to ask with which she had been bound see if this is the same man that had bitten in. The children, who played in "The Auction Block" had been roped, were now free.
The part is decidedly, different from anything he has done before, $30,000 Ransom. Asked,
and can easily be called bin. best. The picture is an excellent down to production that will thrill every lover of fighting and romance, and Mr. Alves explained that it was Kayingchow with their little ones can almost be guaranteed to make pointed out that, in my opinion, it only after the old wall had been would be necessary to know demolished by the recent heavy Americans also went down, with you stand up and shout "Sock fact that the fandlord had know-rain that it was decided to erect the exception of Mrs. Campbell come when the fighting scene
ledge of the wrongful use.
had
Chu-
RAID ON LOTTERY HEADQUARTERS.
a more substantial wall." "From this, it was apparently thought that I held the view that Dinnen said that no damage what In reply to his Worship, Mr. the landlord could never be con-ever had been done. victed under the section. He un- His Worship registered a doubtedly can. He might, for in-tion. stance, expressly let for the specific purpose which the law pro- Acribes: he might by the express terms of his agreement let a basement for use as a workshop. He is, however, more likely to let; in such circumstances that the law will infer that he let for use for the specific purpose which is prohibited. Perhaps the best in- stance would be where a landlord let the premises floor by floor and, knowing that the basement had of been occupied for purposes: habitation by a succession of ten- ants, re-let without taking any precaution against continued user in that manner,
Intent to Use.
There was just such a case be- fore me and it was further proved that the tenant was a woman who, when she came to take possession, must have been seen by the agent
TWO MEN CONVICTED AS KEEPERS.
Over a hundred p-piu lottery tickets, and what was described as "an enormous mass of material" were produced by the police before Mr. E. W. Hamilton this morning as the result of a raid yesterday, on the second floor of No. 15: Jervois Street.
strapped to their backs. The
and her daughter, for whom chairs were sent next day..
The bandits are said to be
comes along.
The screen story was adapted from one of the sport stories by Gerald, Beaumont that ran in. the
demanding $10,000 each as ransom Red Book Magazine. for their three captives, The
James Gleason, formerly of the families of the captured men, stage, gives another excellent however, realising that every protrayal in the role of Jimmie ransom paid the more imperils the the fighter's hard-boiled manager. life and liberty of others, are Jobyna Ralston, who is remember reported to be refusing to con-ed for her four years as leading sider paying the money.Our Own lady with Harold Lloyd, is seen Correspondent,
in one of her attractive roles."
.Others in the cast are Arthur Lake, Edythe Chapman, and Charles Sellon.
WARSHIPS IN PORT.
The following warships are in port:
Basin-H.M. Ships Tamar and Moth.
Harbin, Sept. 10. Messrs. Burton and Godfrey, who wore recently captured by bandits, have arrived at Harbin under the
South Wall Basin.-Tarantula, North Arm.-H. M. Ships Ster-scort of Chinese troops.
Two men were charged with ling and Sandwich. keeping a common gaming house, In Dock, H.M. Ships Seraph, with possession of the tickets, and Serapis and L.19. also with writing po-piu announce- Foreign-French G/B. Vigilante. ments when the police entered the premises. Although it was believed that the man who ran the establish- ment had not been caught, the Magistrate pointed out to the ac-
to have with her those household cused that they must be convicted impedimenta which clearly indicatas keepers, as the law regarded
ed an intent. to use the basement them as such when caught assist- for habitation. In such a case I should have no hesitation in con- ing in any way in the business.
viet]ng.
Replying to his Worship, Detec tive Sergeant O'Donovan agreed as in opium
"I do not think that the landlord that, very seldom, is ordinarily obliged to impose re-cases, was the right man caught, strictions when letting his pre- and in the present case, the police mises, for he is entitled to assume were without the information which that his tenant will not break the would enable them to say that the law but, on the other hand, if it accused were merely employees.
is brought to the landlord's know- His Worship convicted the accus- ledge that his premises are being fed an 'two charges and imposed used in a manner prohibited by the fines amounting to $200, or 12 section, and If, after he has ac weeks' hard labour. quired that knowledge, he has the power to determine the tenancy but fails to do so, then I think he has suffered or permitted the con-, tinued wrongful' user of the pre-] mises and can be convicted.,
"I do not want it to be thought.
that I made any ruling that 4
OMAN'S LOTTERY
TICKETS.
EXCUSE THAT WAS NOT ACCEPTED,
landlord cannot transgress against Charged with the possession of a the provisions of Section 45 of the quantity of po-piu lottery tickets, a Ordinance. He can, and frequent-woman was to-day closely questioned ly does, do so,”
OCCASIONAL RAIN.
The anticyclone continues to be central over South Manchuria and has increased in intensity. The "depression, appears to have filled up, but a trough of relatively low pressure extends from the China Sea north-eatward to South Japan. Tho. forecast till noon tomorrow la N.E. or variable winds, mode- rate; cloudy: oceasfond) rain.
by Mr. E. W. Hamilton with regard to a statement she made, that sho accepted 50 cents to carry the pa- pors for another woman, a person, who, she said, was completely un known to her.
While on her way to Hollywood Road, where she was to turn over the tickets to her employer, she was intercepted by the police in Queen's Road West
Mr. Hamilton: And you did not seem to be suspicious?
Defendant:--I could not read what was on those papera.
The Magistrate You are con victed, $50 or one month.
"
Both are fit and well. They were released when the Chinese troops threatened to attack their captors.-Reuter.
typos, vim hóf ENGI
of fan motom noge sujẩLIÓмnd junf-nos MoN,
The claim was for $4,000, being
money deposited with the defen dants as bankers... together with interest on the principal ab the rate of $5.70 per $1,000 per Chinese-moon. as set out in e depoalt note issued by the defen dants on June 22 1925. The total interest claimed amounted to #965,20,-**
For the defendants it, was con- tended that the contract. If any, was illegal. The statement of defence set out that at the time the contract was made, if at all, and at all material times, the Company was composed of more than 20 persons, was neither form- ed nor registered as a company under the Companies Ordinance No. 58 of 1911, nor under, any Ordinance, nor act, nor charter of incorporation nor by letters patent
Mr. F. C. Jenkin, instructed by Mr: CE, H. Beavis, of Messrs. Wilkinson and Grist, appeared for the plaintiff fem and Mr. H. G. Sheldon, instructed by Messrs. D'Almada and Mason, for the defendants
After Mr. Jenkin announced that a settlement had been arrived at, the terms of the settlement, signed by counsel on both sides, were handed to the Clerk of the Court and read out by counsel -
The settlement provided judg ment for the plaintiff for the principal sum $4,000, and for fees ed on the brief, and for other of counsel for plaintiff as endors costs as between solicitor and ellent. The settlement also pro vided for a stay of execution for one week.
SERIOUS CHARGE,
CASE HEARD IN CAMERA
AT KOWLOON.
The proceedings on the charge of alleged indecent assault against C.. J Atchim, of the Cosmopolitan Dock, were conducted by Mr. T. S, Whyte Smith at the Kowloon Magistracy this morning in camera, the Press also being asked to leave before evidence was taken.
His Worship, addressing Detec tive Sergeant Meadows, said he un- derstood from what he heard Jast "week that after the alleged offence was committed the mother of the girl got the defendant to signa promissory note...
Detective Sergeant Meadows replied that the-note was not the offence took place on or signed until August 7, while about July 28. The complainant to do with the offence, but the would say that the note had nothing fact remained that the note had been signed.
His Worship said he thought the defondant bad better plead not guilty. Referring to the, aneation of the promissory note, his Worship Bald if it was granted it would not affect the seriousness of the offence, but his Worship thought it would influence him a great deal in in- posing a penalty because he thought he would feel. It was hard lines on the defendant to be first of all. asked to pay compensation and then later on, when sufficient money was not.forthcoming, he should be taken into Court on a criminal charge.
Continuing, his Worship said he thought, the defendant should pos- sibly plead not guilty. He did not sea how olse they could go into the. question. His..Worship, said he wanted to know, all about the pro-) missory note. He thought they had better hear the evidence and pro- bably the case should not be heard In open court.
Bu The Court was then cleared, the Press being asked to withdraw, and the evidence taken,
HOME FOOTBALL.
-BURNLEY SUCCESSFUL IN FOURTH MATCH.
London, Sept. 10.
At Burnley to-day, in the First Ditision of the Football 3 League Burnley defeated Sunderland by two goals tanathing Reuter weer LETTER GOLF
SOLUTION. AG
* Hore is the solution - to, the
puzzle on another page
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AND WOOL CARDIGANS.
An attractive Selection Now Showing."
PAMELA
ADJOINING ST. FRANCIS HOTEL.
THEATRE ROYAL Commencing THURSDAY 12th September
· FORBEN RUSSELL' 'PRESENTS'. THE UTEV (1920) FORBES RUSSELL COMEDY CO. with
THURS. & FRI. 12th & 18th Sept,|
at 9.15 p.m.. SAT. and MUN. 14th & 16th Sept at V.15 p.m.
APRIL VIVIAN
In the Latest London. Comedy Successes.
LONDON'S LONGEST RUN. "By CANDLE LIGHT" TALULLAH BANKHEAD ́S LAUGHING SUCCESS "HER CARDBOARD LOVER". HELEN FORD'S GREAT SUCCESS "THE PATSY" or "MOLLY MAKE BELIEVE”
TUES. and WED 17th & 18th Sept. at 9 15 p.m.
THUR. 19th Sept. st0.15 p.m.
FRI. 20th Sept.
SAT. 21st Sept.
THE WELL-KNOWN PLAY "THE SECOND Mrs. TANQUERRY!! THE DELIGHTFUL FARCICAL COMEDY "THE MARCH HARES"
THE SCREAMING FARCE
"GOOD MORNING BILL”
Popolar. Fritan: $4, $2.8 $1, Booking at MOUTRIE'S,
ZCOUNT of TEN
TO-DAY ONLY. Daily at 2.30, 5,20, 7.15 & 9.15
With
CHARLES RAY JOBYNA RALSTON.
Dupla plays the role or retardU In tills thrilling romance of the prise ringg
MAJESTIC
JAN ROAD, KOWLOONĄ