THE HONGKONG

TELEGRAPH, WEDNESDAY,

MAY 25, 1938.

VILLA MURDER TRIAL

Mrs. Casserley Is Expectant Mothor

London, May 24. Separate trials have been. ordered by the Judge at the Old Bailey for Edward Royal Chaplin, 36-year-old builder's foreman, of Abbotsbury Road. Morden, and Mrs. Georgina May Cosserley, 38-year-old widow of Percy Arthur Casserley, aged 68, retired managing director of a distillery Arm, who was founil shot dead at his villa in Lindis- farne Road, March 23.

Wimbledon,

Off

Chaplin in charged with this mar- der af Constrley, and Mrs. Cusserlry, who is shortly to become a mother. is after the charged as an accessory fact by "harbouring, receiving, Assisting Chapiks with Intent to ajuda the pursuit of justice."

SOLDIER-

Goods Of MAGNATE Sub-Tenant

IN COLONY Are Not

Noted American Tells Distrainable

Of Australia's

Suspicion Of Japan

General James Guthrie Harbord, chairman of the board of directors.

the Empress of Japan from Manila,

INTERESTING SUPREME COURT RULING ·

CUSTOMS SCHEDULE REVISION PROPOSED

Peiping Concessions To japanese

An interesting judgment on

Peiping, May 25. It is learned from unimpeach- of the Radio Corporation of America, the question of whether goods arrived at Hongkong this morna of a sub-tenant of an ordinary able sources that the Pelping

floor

were Provisional Government has A close friend of President Quezon Chinese tenement

of non-prepared the following announce- of the Philippines, General Harbord distrainable because

with him stayed several days

inpayment of rent by the principalment, which will be issued with- from after hla arrival Manila Austrails, where he attended the tenant, was given by Mr. Justice in the next few days:

In R. E. Lindach, Puisne Judge, in April 14 the Summary Court this morn-

150th ing. the in connection with anniversary of the landing of the first settlers on the continent,

Worl! Radio Conference held Sydney from Aprli 4 to

stay

it

"The Provisional Government announced its first Customs re- vision on January 22. Since the Government Is now more stabl. Used, and its territory has been enlarged, economic co-operation with Japan should become more Intimate

The judgment was in connection He represented the Untler Slates with on application for the discharge at the conference at which England of a warrant for distraint brought and France also sent representatives.by Wong Hon-sing, who was a sub-

During his

Australia tenant of 3 Shelley Street, second the

"The Provisional Government hos, General Harbord noticed a growing floor. His goods, I was stated at uneasiness about Japan's icy henring, were seized by the ball in therefore, decided to make a second

buil.

carrying out a warrant for distraint revision of Customs duties. Fully Australia was The Far East.

against the principal tenunt, Kanrevised import tarif schedules, export trap up its national defener to

and the

the Chak, on behalf of the landlords, the tariff rebeditles and internat transl prepare for any trouble

tariff schedules will cune into operu several disadvantage

Hongkong Flee Insurance Co., Lid. country had sther

Those un June 1.

Customs was bying to remedy

Aboulis, This Borgship, hat decided, offers which have not yet observed Transportation was but attel the

druncation murgitate at the end of the hearing, that such the first revision of the schedule will

tates enly

goals were not distrainalde, but aclupt

complete revision at the pepaulations.

view of the interest Involved, he was schedules in from June 1. United of the opinion that the reasons for Press. bu deciation should be given in writ

Arcordingly, this Lontship Rove in lus reasons this meriting as follows: JUDGMENT IN FULL

Chaplin and Mrs. Caverley pleaded not guilty," were committed

the Ap

F

lo stand trial at Old Bailey by Wimbledon Puller Crust

30.

The section submits that shot which Walled Carverley was Mr. from re pistol which was held cider zu Las 1-fi itle sf bis later wink the st lying on the groutal

INDICATION OF DEFENCE

An medication of the the ferren siveo at Wimbleston The inj th

W

UNEASINESS IN JAVA Tred thich the gruntui viiber

Matula e boted

tན། Japon's designed nitesalute, util the same preparations national des. ftp strengthening the

fr

15..

*e* :

20oss-examinin James Burry, a brother-in-law of ten dend mm, who stated tu raspanie to questions that Casseley was Fight handled, but could utus left hand as well as his right

<

mut

Court Barry also said in Casserley had told him of his wife's aTairs with another man and the greasion said, "One way would be for me to shoot myself." Cusserley had admitted to thin that bis wife was ur expectant molber Casperley had expressed the that the father of the unborn

Was

alen-planter

Tromeylon.

brit f

ots

Ira ve

M. Beinard Spilbury said Danseeley had a bullet wound on the left side of the face near the ear and anether in the back of

the neck. There were three incerated wounds on the top of the head, and and brutors on the neek,

chest

121741 Bruise shortly before death.

wounds and

abrasions forehead, fuce. There firearm.

were ente

"DESPERATELY UNHAPPY"

A statement, allegedly Bade Chaplu to the poller, was read t

by

though The team wit

Fo Shaighat are Yekids.mn where may pred to Minnow, Warsaw and bar to the rated States

1.5 Chang bunich was a bike l

Espard Ulicantly 112 Th

Mas 1915

Pat

5. * In the so he War mau

Tagines Commander of Hisar and was aww.ted the foŁA

172e- He was b de Guerre

Melined Knight Comm mache and St George

S

"

her point | hurve to decide in the

imple but not at any tunely whether or no Har grends lab of

t-ten.snt on errat doar un Hongkong

to be distrusted dra warrage labre out by the landlord

pes of regit due aut owing for Som ls me the pran get to wast of 120

"...

Islan

It is quite

i

tion

the

bronstrued merely as retning no more than the words moveable pro- perly found in or upon the house of premises, ten they are entirely re- dundant

"In my judgment the effect of these words is to limit and not extend the cromon law right of distraust.

In

ADVERSE BALANCE INCREASES

Rising Costs To Industry

London, May 24. While 1937 was a good year In- dustrially, the first four months of delosed a the current year have certain slacking, not only in the in- In some trades, which have actually declined. crease of production, but

This statement was made by Mr. Oliver Stanley, President of the Board of Trade, when speaking on his departmental estimates in the House of Commons to-night

Mr. Stanley said that the adver÷C balance of tindo stood at £52,000,000 -compared with $18,000,000 in the cur- responding period last year. This udverse holanen, although affected to sume extent by special transactions in silver, amounting to £11,000,000, was almost entirely due to the in- creased cost of Importa.

The whole lucretise in the adverse trade balance for the first four months of 1938 was covered by the increase in the advance balance of trade with the United States.

Wille there were many things the Government could do to help In- dustry, they were nothing compared in importance with what ment could die for Industry 37 s actions should result to a relaxation

Govern-

ru

of International tension and moval of the Year 15 war Reuter Special,

CAPITAL REDUCED

An application toy confironing re- dution of capital Hom $100,000 to $260,000 of the Sandakaa Latht and Power Cu Apgaurent

(H22 td was brought hefort in Chief Justlee, Sir Atholl McGregor, at the Supreme Court this morning

Fa make gods distrainable Hongkong two contbtions must sate fled: they must be found (1) m

In b14 Bar premises; (2) possession of the debtor This seven 1 suggest by implication this there may be Roods on the premises which are not in the apparent possession of the debtor and consequently are but

11 that under the 4mmon Law cale governang distress for rent in appear the tandlord had the pight to seize whales ca noveables (districinable,

"f Trust For Yound on the premises mul

which the pen issued, 10 alsbury's 1.: w England 2nd Edition 143

He is a director of 1:okes: the National Bro.dcasting com- pany at Ram Kent. Eptir m Lac 14

pre-dent of HCA Conim

1

4

GAMBLING HOUSE KEEPERS CAUGHT

at varioLIS

and Bard of imper were exempted

Jou Mizan

SMITH AND BROWN

"In my Judgment where a bailiī s into a house and finds cuticle which, from the evidence of ala eyes or from statements minde to him, ne

power command animpaurel, have in so far is certain claeca of inveables

has every reason to belleve are sub- by Statute, down to 1908 when by the Law of Distress fel, the goods in such cubicles cannot Amendment Act of that year (8 Edwe suid to be in the apparent pus- session ot the debtor To take 4 extreme case, if a cublele hears tie name of John Smith, it seems la me that the goods therein are not

.1 1 the moveables

teranti w

univer

Rauds by the poller

The right to distenin as it exists places resulted the arrest of several

before Hongkong is set out in Sections charged Chinese who were

. d 15 of the Distress for Rent tie Central Mr. R. Edwards Magistracy to-day with keeping thatsdinance, 1883 as comm an samling houses.

Wimbledon Court by the prosecuto.keepers. Tabe It said: "It Is not my habit to aperce

a married woman to leave her bus. bund, but Mrs. Casserley has had a hard fe with her

husband,

sl.

knowing that fact, I also har miserable life and was desperately

:

unhappy. Our friendship mevitable."-Reuter Spectat.

Cruiser Bringing R.N. Reliefs

On a trooping trip from Eng- land to Hongkong, the cruiser Enterprise will arrive in harbour on Friday.

Enterprise, which is command- ed by Capt. C. F. Hammill, left Singapore on Monday.

She is carrying a large number of naval details for the China Station, H.M.S. Enterprise was built as t war pro. emergency part of the

1026. gramme being completed in but she was refltied in 1934-36. has a speed of 33 knots.

as armement

She

kuns of smaller

She is armed with seven Gin, guns and three 4 in. anti-aircraft as well calibre, including torpedo tubes.

Details for the Yangtse River patrol will transfer from Enterprise and 10 Adventure In Hongkong, Adventure will leave on Saturday for Shanghai.

PEAK TRAMWAYS

DIVIDENDS RECOMMENDED

The directors of the Peak Tram- ways Company, Limited will recom- mend the following allocation of profits for the year ended April 30, 1938, at the forthcoming annual meoting of ahareholders:

A dividend of 5 per cent. on 25,000 shares fully paid up. $12,500.00;

A dividend of 5 per cent. on 80,000 shares $5.00 paid up $12,500.00; Carry forward $22,830.47.

SHIPS

IN RADIO COMMUNICATION

The following ships are expected to be in wireless communitation with Hongkong Wireless Station to- ring:

Mount Purner; Canton, Tjibndok; Apocy; Eulima; Van Heutsz; Anuble; Pilos; Ping Wo; Santos Maru; Empress of Japan: Conte Blanca- mano; Greisenau; Pres. Doumer.

at

13.8 ensets that "Any person claim- F: in be entitled to arrears of cent. b duly authorised attorney or wernt, many apply for much warrant as

hereinafter mentioned,"

1.

14

*ot

Chan on and lau Tio had then ball of $30 estreated when they fast- cd

a change to

ape to answer

57,75 mour alven to ordered to her

the Box

China hasiest Chan

ball of hud

ON

Another Wing-kwan

$100 estreated. He was charged with similar offence.

Ch

115

Brown. any sense of the word in the appareal the possession of William debtor.

"Furthermore, this view is support- ed by French v. Getning, (1922 Í K.13. 2461 and Rumsay v. Margret (1804. II Q.B. 18) in which a meaning had to be placed the words apparent possession appearing in the Bills of Sale Act. It was decided in these cases that where possession is doubt- ful it is attached by law to the title, and that where husband and wife the are living together what is In fact

the wife's property is not apparent possession of her husband, The position of a sub-tenant would' appear to me to be a fortiori.

to

;t| A Warrant acroedtag Farm No. 3 in the Second Schedule: or to like Gret may be issued by a returnable within six judge ly dressed ta bails of the Court."

"S. In pursuance of the warrant Another batch of gambleia appyan- aforesaid the bailiff hall selze the ei ofure Mr. H. 1, Butters at the

moveable property found in or upon Magistracy This Central

house morning.

ar premises mentioned In 1 warrant and in the apparent pon- They were arrested whilst playing

wewnia of the person or Bra from dive yesterday in a house at Electric

whom the rent in claimed thereafter Howd.

rallet the debtor:

Who Wild Te keeper, Chu Stan, not present, had his wol of $25 es- players who trented, whilst seven appeared in Court were fined $2 each. Tale money amountinis: te $2.28 was donated to the poor box.

COLLECTOR SPENDS "DISTRESS" FUND

All

the

CRUCIAL WORDS

tse

In my opinion, therefore, on the true construction of the words in the apparent possession etc.' goods of sub-tenant on an ordinary Chinese feuement flour are not distrainable.

"No doubt the question is one of "The crucial question is the mean- difficulty. I agree that if the legisla1~ Ing of the words in S. 15 in the ture intended to exempt sub-tenants, is strange that they are not men- apparent possession of the person or firm from whom the rent is claimed."tioned in S.16. But such an argu- from conclusive-sce Are they intended to be merely de- ment is for

Maxwell's Interpretation of Statutes, claratory of the landlord's common

7th Edition, pages 16 and 17; Neg. v.

sorac

my

upon thni right?

law right or is their purpose to put West Riding Justices, 1 A. and E.

restdgment in the Athena (N.S.) at 329, Studio cas

case (20 H.K.L.R. 39 at p.41), 18-year-old Chinese youth, on which the present respondent

NOT IMPRESSED

"In the present case the point was

Chan Cho-chi, appeared before Merelles, I said: "I agree with Mr. also taken for the respondent that H. R. Butters at Central Magistracy Wadieson that S.15 of the Distress since the tenant, Kan Chak, on whose to-day charged

with collecting

Defendant had collected the sun

for Rent Ordinance is intended to be moveables he sought to distrain was an not an Individual but what 1 may

members money for a charitable purpose with declaratory and possibly even

of out the permission of the Commis-extension of the Common Law. rule alt a class, .e. the

In regard to distress," but that dictum Kan's household, the ball was en- stoner of Pollice.

as obiter since the case fell to be titled to assume that all persons on

its decided on

Incis the floor were members of that house- special

own

The

of $70 on the Peak since May 13,hich were very different from the hold and to distrain accordingly on And the name on the receipts was thets berein, and having now had the all moveables there. This argument

Chinese Shanghai

Youth

opportunity of further consideration does not impress me for two reasons. National Distress Service Society."

I have come to the conclusion that Firstly, the ball had no notice that On defendant admitting that he

It cannot be supported.

the tenant of the premises was a class had collected the money and spent it

"In construing the Ordinance St of persons--when he entered the floor of $100 or two on himself, a fine

must be remembered that Statutes he was looking for An Individual months' imprisonment was imposed,

which mit

or extend common law tenant named Ken Chak Secondly, rights must be expressed in clear even if he had been notified that the unambiguous language (27 Halsbury's 'tenancy was in the name of Kan's Laws of England 150). Had S.15 of household, the evidence of his own the Ordinance omitted the words eyes would obviously have told him "and in the apparent possession of that her

single Chinese

WOMAN KILLED BY BICYCLE

riding An unknown Chinese, bicycle, Hiruck down a 30-year-old woman in Shing Mun Road yester- day, and her death resulted.

The woman, To Mun, was taken to Kowloon Hospital and died soon after admission.

SNIPE

was no

the person or firm from whom the household including possibly lodgers rent is claimed," it would have and guests, but a number of different

mounted lon clear statutory enact families occupying each its

cubicle as sub-tenants whose muve- ables could not be in the possession

| ment of the common law rule, the only exceptions to which are to be found in Section 10.

"Some meaning must, however, at- tach to the words which have been deliberately inserted. If they are to

of the Kan family,

own

For these reasons I hold that the sub-tenant herein is entitled to suc-

ceed in his clubm.

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