1938-11-17 — Page 4

Page

SHOWING TO-DAY

KING S

At 2.30, 5.10, 7.15 & 9.30 P.M.

"I'M 17! I KNOW MY OWN HEART!"

CECILIA

with

YOU'RE ONLY YOUNG ONCE

LEWIS STONE

MICKEY

PARKER* ROONEY Directed by George B. Seitza

"HEARTS ARE TRUMPS”

(Our Gang Comedy)

NEXT CHANGE

M.G.M. Picture

4 SHOWS DAILY 2.30-5.15 7.15-9.30

ALDU

CAPLAIN & THE KIDS CARTOON

"BLUE MONDAY”

ROBERT TAYLOR in

"THE CROWD ROARS"

TAKE ANY TRAM on HAPPY Valley bub

ORIENTAL

FLEMING ROAD WANCHAI TEL. 28473

LAST 4 TIMES TO-DAY®

A SCREAMING COMEDY THAT'S DIFFERENT AND FUNNY! A hill-billy show of laughter; novel music, songs and dances by mountain maniacs in a mad feud.

You'll Be Rolling in the Aisle...

When They Swing...Hüll-Billy Style!

2 DAYS ONLY

SWING YOUR

LADY

with

HUMPHREY BOGART. • FRANK McHUCH LOUISE FAZENDA - HAY PENDLETON PENNY SINGLETON - ALLEN JENKINS THE WEAVER BROS. and ELVIRY

A WEINER, BROS. PICTURE + Bruched by RAY EXIGHT,

TO-MORROW & SATURDAY

A RARE COMEDY IN A VERY UNIQUE SETTING ! The screen's most frolicsome threesome in the daffiest of all motion

picture lunacies.

ROBERT

ROSALIND

MONTGOMERY RUSSELL

Robert-BENCHLEY

Live, Love Learn

with Helen VINSON

A Metro Gjoklyn Mayer metuka

MATINEES: 20c.-30c EVENINGS: 20c.-30c.-50c.-70c.

DAILY

AT

2:30

5:20

720

9.20

HANKOW

STARE

TO-DAY ONLY

Shirley Temple

IN

KOWLOON

57.795

THE CHINA MAIL, NOVEMBER 17, 1938.

EVICTION CASE DEFENCE

PLEA FAILS

INTERESTING ARGUMENT AS TO WHETHER FREMISES USED

AS A SHOP BUT LIVED IN BY MASTER AND HIS FOKIS · CAN BE TERMED A DWELLING HOUSE AND ́BE THUS PROTECTED UNDER THE PREVENTION OF EVICTIONS ORDINANCE, WAS HEARD AT THE SUPREME COURT THIS MORNING BY MR. JUSTICE LINDSELL.

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Plaintiff was Mrs. Lai Shick-yu, Counsel quoted numerous represented by Mr. Macnamara, thorities to support his case and instructed by Mr. F. E. Nash, who maintained that the fact that' his claimed possession of 54, Des client was committing: a' breach of Voeux Road,, ground floor with the law did not alter the fact that mesne profits, and defendants were the premises used as a dwelling the World Wardrobe and Cabinet house by seven men, was a dwelling Manufacturing Co., represented by house within the meaning of the Mr. H. Somerset Fitzroy, instruct word and as laid down by eminent ed by Mr. C. A. Sutherton Russ. authorities.

Mr. Macnamara submitted

that

Onus being on defendants to establish whether or not the pre he had no case to answer. There mises were a dwelling place, Mr.

was no question,” he said, of any Somerset Fitzroy called Chan Yat-j ming, managing partner of the de- part of the shop being used as

separate letting for domestic use. fendant company.

Witness said that he took over the premises on February 2, 1937 and since then had lived in the

His cockloft.

six fokis occupied the ground floor in front of the shop and slept on camp beds · which were set up every evening at the conclusion of the day's work and removed before the shop opened in the morning.

0

WIDE LOOPHOLE Counsel maintained that if the Court found for defendants it would be giving judicial sanction to a practice which legislation had seen fit to find objectionable.

•

Going further, Mr. Macnamara said that if the definition of dwell- ing house was to be so loosely used it might be said that every building RENT. INCREASE

in Hong Kong, provided 'a-bed was Witness stated, that his landlady erected in it and one person slept was the wife of a former Chinese in it, could be so described. Government official now resident in

Giving judgment, His Lordship Wong Nei-chong Road. Between said: I find in substance that the March 2. and March 11, he visited tenants having admitted the point the shop and told witness that if taken by Mr. Macnamara that there he wished to stay on he would have was a breach of the law, cannot to pay increased refital to the ex-take that breach to convert the tent of $40.

premises which were essentially Witness made a counter-offer shop, into a dwelling and thus claim but eventually agreed to pay the protection under the Prevention of $40 increase, which fact he notifiedEvictions Ordinance. by letter.

a

His Lordship ordered that pos-

No reply was..received but in due session be given within 28... · days course notice to quit arrived. Wit-with mesne profits to the date of ness then went to see plaintiff's surrendering possession. husband, who told him that he could have two months in which to

move.

+

$400 IN FINES IN GAMBLING CASE

Cross-examined by Mr. Mac- namara, witness admitted that he had been informed by his solicitor that it was illegal to live in the cockloft as it did not comply with the Building Ordinance. Prior to REVENUE OF THE COLONY that, he had, had no idea that it BENEFITED TO THE EXTENT OF MORE THAN $400 AS THE was an offence.

The next witness, Chan Ping- RESULT OF A GAMBLING RAID yuen, accountant of the defendant CARRIED. OUT, BY SUB-INSPEC- company gave evidence of having|TOR RITCHIE LAST NIGHT AT lived on the premises.

NO. 17, CHUNG STREET. COUNSEL'S ARGUMENT

At the Central Magistracy, this Mr. Fitzroy submitted that, on morning 5 persons were charged the evidence, he had established with gambling. Some 43 failed to that the building was a dwelling answer their nantes and their bail house. He quoted sections of the of $5 each was estreated, while the ordinance which stated that.if a remaining 11 were each fined $2.

Two assistants were each `fined single bed-space was used, the build- ing came within the terms of the $50 while the principal tenant of ordinance, which added that applica- the flat was fined $100. tion of the Ordinance should be excluded by part of the premises being used as a shop or place of business..

not

The poor box received the $29.88 picked up on the premises. This amount would have been greater if the police had not been forced to break the door down, giving time for a large amount of the stake money to be picked up by the gam- blers.

1

"CAPTAIN JANUARY"

with

Guy Kibbee

Slim Summerville

#1

20th. C. Fox Picture

To-Morrow: "MARY OF SCOTLAND

CENTRAL

THEATRE, TO-DAY & TO-MORROW At 2:80, 5.15, 7.20 & 9.30 p.m. Prices: 35 eta-—-45 cta—36 cts.

WEATHER FORECAST

The Royal Observatory reports that the anti-cyclone is stationary and unchanged over China and the neighbouring seas) pressure is ré- latively low over Borneo and the Pacific to the eastward. The de pression is situated to the north of the Bonins, moving north eastward. forecast: N.E. winds, to fresh, fine.