1938-05-25 — Page 34

GOVERNMENT OFFENSIVE IN CATALONIA

DID NOT KNOW REGULATIONS

Frederick William Albert Timm, ja ferman, was this morning fined $15 by Mr. R. 1dwards at the Con- tral Magistracy whon ho plended | guilty to falling to register with The objective of the Republican rival in the Colony,

the pollen 72 hours aftog his ** offensive on the Catalan front was

'Bilbao, To-day.

THE CHINA MAIL, MAY 25, 1988.

RENT DISTRESS WARRANT

JUDGMENT

That the goods and chattels of In sub-tonant cannot be claimed Defendant said he did not know to be in the apparent possession to regain the water power works the regulations. He had registored of the principal tenant was laid of Tremp from the insurgent Consulate. This was his first visit Justice R. E. Lindsell, at the Su- [nt Knutsford Hotel and at his own down by the Pulsne Judge, Mr. troops, according to reports from to the Colony, prisoners and war correspondents

yesterday,

Tremp is the prinsipal sopere of supply of electric power in Cata-

GOVERNMENT CLAIMS

A Government bulletin

Barcelona, To-day,

Innued

[promo Court, this morning.

The mattor concerned Wong Hon- ising, sub-tonant on the second floor, ot No. 5, Shelley Stroot, whose | property was seized on May 10 last

lonia and, therefore, the Govern last night states that on the Eas warrant for distraint by the ment used all available men and term front, their troops occupied.

Hong Kong Fire Insurance, Limit- war material in a big effort, to win | Podrna north-east of Sort the day.

A large number of serop- | prisoners and capturing war lance and tanks were thrown into torial, the action.

ma-

taking

do

In giving the ronsons for his decision the Pulsno Judge said in ¡part:.

In the setor or San Rown

the

movenbles.

Prisoners state that the attack | Abolla, the Republicans occupied mon Law rule governing Distress for It is quite clear that under the Com was led by General Rujo, with the the mountain masail of San Corneront in arroar the landlord had help of the Mtaff of foreign officers. {lin, Enemy counterattacks wore tight to selae whatever moveables he The General Inspector of the Inter- ropulaod after heavy fighting,

found on the premises out of which the national Heigades, the French Con- The insurgent attacks in the Cor-power remained unimpaired, savo in so Front issued, and that this general munist, Marty, deliverest a speech |bilan apetor on the Levant front far as certain classes of before the action commencent, continued but were chooked by the land those of lodgers wore exempted Principal fighting was diveoled | Government at post of a smati oor. from seizure by Statuto, down to 1908. against the bridgehead of Ralaguerreotion of positions near the Rio8eement Act of that year (8 Edw, 7, C,58) when by the Law of Distross Amend - whore, after an artillery bombard-[in the Gudar avetur, An attack the moveables of under tenants were ment, dussian tanka wore to have on Hill - 1888 was energetically ro-[protected. broken through the insurgent to-pelled. Government

To make goods distrainable in Hong troops fence. The attempt, however, fail-[captured RIN 1990,

Kong two conditions must be satisfied. mxd and the insurgents put 18 onomy University City, at Madrid was re-mises; and (2) in the apparent pos-

An attack on they must be found (1) on the

pre. tanks out of action.

pelled.

session of the debtor. This seems to According to reporta of insurgent Four insurgent planes were shot suggest by implication that there may hondquartora, the Republican losses down during an airbattle between not "in the apparent possession of the

be goods on the premises which in this offensive, which had been in four Government and five insur debtor and consequently are not lis progress since Sunday, were so gent squadrons, The Government trainable, serious that all hospitals are over- | lost one pursuit plane---Trans- crowded.—Trana-Ocyan,

Ocean.

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10-

WIFE'S PROPERTY ·

210

In my judgment where a bailiff goes into a house and finds oubicles, which.. hom the evidenco of his eyes or from statements made to him, he has every reason to believe are sub-let, the goods in such cubicles cannot be said to be in the apparent possession of the debtor, To take an extreme case, if a cubicle bears the name of John Smith, it seems to me that the goods therein are not in any sense of the word in the ap- parent possession of William Brown, the debtor.

Furthermore, this view is supported by French v. Gething, (1922 I K. B. 236) and Ramsay v. Margrett (1894. II Q. B. 18) in which a meaning had to be placed on 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 are living together what is in fact the wife's property is not in the apparent possession of her husband. The posi tion of a sub-tenant would appear to me to be a fortiori.

เ

NOT IMPRESSIVE

In the present case the point was also taken for the respondent that since the tenant, Kan Chak, on whose moveables he sought to distrain was not an individual but what I may call a class, i.e. the members of Kan's household, but bailiff was entitled to assume that all persons on the floor were members of that household and to distrain accordingly on all move- ablan there. This argument does not impress me for two reasons. Firstly, the ballif had no notice that the ten- ant of the premises was a class of per- non-whon he entered the floor was looking for an individual tenant. named Kan Chak. Secondly, even if ho had been notified that the tenancy was in the name of Kan's household.

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the ovidence of his own eyes would Chung Po-ping a student

has

obviously have told him that here was reported that he either lost or had no singlo Chinese household including stolen from the Lido, Repulse Bay possibly lodgers and guests, but numbor of different families occupy-

a Beach, a camera valued at $200. ing oach its own cubicle as subtenants whose movenbles could not be in the possession of the Kan family.

Rabat, To-day.

The French Governor-General of Morocco, General Nogues, has made an inspection tour from Fez to Taza.

Paris, To-day.

Insurgent aeroplanes bombed the Republican frontier town of Port- bou, as well as Barcelona and Valen- cia, yesterday:Trana-Ocean."

Three Chinese were admitted to the Queen Mary Hospital yester- day suffering from the effect of While passing through. Benilent, poisoning through drinking tea | General · · Nogues decorated an old made from roots. war companion in the war against the Riff tribes with the order of the "Quisham Alaquite.”—Trans

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