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THE EXCHANGE CASE THE RECALLING OF WITNESSES.

CHIEF JUSTICE'S IMPORTANT RULING.

• The case in which Mr. J. H. X. Mody, exchange broker, is sued in the Supreme Court by the Bank of East Asin, for the amount of recovery of $77,434.58, nn money for, which he stood as guarantor in an exchange transaction a few weeks before the Banqas Industrielle de Chins Failed, was continued yesterday morning before the Chief Justin (Sir William

"ReasseDavies).

Mr. Eldon Potter, K., and Mr. F. C. Meukin, instructed by Mr. E. Davisbon (of Messrs. Hastings, Denny, and Bow leg), ure Counsel for the plaintiff Bank, and Mr.-C. G. Alabastar, K., and Mr. -Campleil Prosser, instructed by Messrs Wilkinson and Grist, appears for the de- fendant.

"

5

THE HONGKONG DAILY PRESS, THURSDAY, MARCH 18TH, 1994. «

NEW RENTS ORDINANCE

POINT.

WHAT CONSTITUTES A NEW BUILDING ***

In the Summary Court yesterday, be fore Mr. Justice Gompertz Puisna Judge) Leung Taun, a merchant, of 89. Con naught Bond West, brought an action against the Him Sang Fat Company, of 41, Des Vœux Road West, and 72, Con naught Road West, for possession of the premises occupied by the defendant firm. Notices to quit had been given on the ground that the premises were to be reconstructed.

SPORT.

DISASTROUS FIRE.

SEVEN MOTOR-BUSES, A MOTOR. CAR AND A MOTOR-CYCLE DESTROYED.

༔

HONDA BEATS LAY,

Considerable interest was shown in the

DAMAGE ESTIMATED AT $30,000. match played yesterday on the Club

A serious outbreak of fire occurred late ground in which the Japanese player T. Honds, former tennis champion of the on Tuesday night at the Ming Yuen Federated Malay States, met T. Lay, Gardens, resulting in the destruction by As was gene-fire of a garage, seven motor-buses, one local player of some note, rally expected. Honda "won the match motor-ear, a motor-ercle and accessories. with great care by three straight set. Lay started off welt and was leading 2 The damage is estimated at $30,000. in the first were. Fonda by that time had The motor-buses are the property of the sized up his opponent and never looked Ming Yuen Motor Bus Company, a prae- back. His exhibition was sparkling. His strokes were forceful and only once tically acw concern, which has been en- did Lay get a chance to work up to the gaged in running a bas service along the Mr. E. Davidson appeared for plaignet. His services were good, but in this water front from the Western Market to

direction, he was inclined to foot-faulting tifs whilst Mr. F. G. Vaux, represented throughout the match. He was also very defendants.

netive. Lay now and again got in a shot good enough to bent Houda but they were

that between S. II. Ismail and F. A. Red- Another very interesting match was mond. I-mail won in the Snal set. Both players were evenly matched.

Mr. Davidson, in outlining the case. said that most of the facts were admitted. The houses in question were two ordinary Chinese buildings standing bäck-to-back When the Court opened the Chief Notice was given on October 31st, under

· Justice said he had given the question of Section 4 of the Rents Ordinance. Plans the recalling of a witres by the defence were submitted to the Building Authority his utmost consideración, and had been showing that the reconstruction involved unable to find any authorities, to support the entire demolition of the buildings,

The following are yesterday's resulta: such appleation, zo doubt for the reason with the exception of the party walls.

OPEN CHAMPIONSHIP SINGS.-T. Honda that the application was probably with The open space and scavenging lane re-beat T. Eny, 6-4, 6-2, G2; S. A. Ismail out procedent. Defendant had closed his quired by the Ordinance were provided, beat F. A. Redmond, 6-2, 6-3, 3-6, 3-6, ense and after listening to the urgu- and plans were passed and a certificate 2 A. A Rumjaha beat 5. D. Ismail, ments of the other side for 21 days he obtained to the effect that the alterations

OPEN CHAMPIONSHIP DOCBLES-R. M. (the Chief Justice) had been asked by were such as to make the building a new

Henderson and A. Brearloy beat A. D. the defence to allow a witness to be rebuilding under the Public Health and and J. D. Humphreys, 3, 6-4, 6-1, Elied to give further evidence, The 4 plication, if grated, might create a pre- celent of a far-reaching character. must. concluded the Chief Justice,

refuse the application."

I

Mr. Prosser then continued his reply for the defence. When the Court nd. journed, he said, he was dealing with

the first of the three defences which had bron raised against plaintiff's claim.

The contrnet was one or a peculiar mature, and the claini arising out of it was our such as had never previously-so far as was ascertainable-come before the Courts for judical interpretation,

Building Ordinance. According to Sec- tion 107 of the Building Ordinance, party walls of a certain length had to be of a certain thickness, and in the case of the premises under consideration the thick ness of the party walls ought to have been 27 inches. As a matter of fact, they were only 18 inches thick, and when the Build-

Authority discovered that they had overlooked the point, they withdrew the certificate.. From that it was being

argued that the proposed building was not. "ew milding, and that the notice to quit was invalid.

-4-0 8-7, 04. (0-3

the Ming Yuen Gardens since about the end of last Summer. As a result of the fire the Company will be compelled prac Honda has to meet Krebs in the next tically to suspend operations for some round but he should experience no diftime at least, as all their equipment has

"In fact ficulty in winning this game. there are not many players in this combeen destroyed, with the exception of one petition who come into the same class of bus, saved undamaged, and another saved play.

but badly damaged.

The fire was first discovered at about pun the Fire Brigade receiving the alarm a few minutes later. Engines from the Wanchai Station and the Central Fire Station were called ant to cope with the fire but when they arrived on the scene the garage and its contents was well alight. The Bremen displayed con- siderable pluck in trying to save some of the buses from destruction. In this direc- tion they were greatly hampered by fall- ing debris, but while the roof was in flammes and the contents burving furiously, they succeeded in hauling out two motor- buses and one of the two motor-cars. One of the buses was in dames when dragged out but with the use of fire-foam it was saved, though it is in a damaged condition. The other two vehicles-tho bus and the car-were undamaged. The firemen then devoted their attention to saving the adjoining building, which was unoccupied, and in this they succeeded by chopping off the woodwork of the win- Cows which in several places had hurst into flanies. The garage, which was a one-storey building. was gutted.

Tew Man Tsun and Yow Man Kit beat H. R. Remington and W. A. Nowers, 7-8, 6-2 6-3

CLUB CHAMPIONSHIP.-R. J. Saunders bent A. H. Crook, 6-2, 6-4, 6-1,

HANDICAP SINGLES A.-D. J. Allfree (+2/8) beat G.. G. Franklin (+13), 6-3,

1-6, 8-6.

HANDICAP DOUBLES.-I. Forster and G. E. Aubrey (8) brat J. M. E. Mikkels and G. de Man (+15). 6-6, 6-4

6-2; W. Hattersley. Smith and B. A. Hill).

2/8) beat II. G. Gandy and J. T. Smalley (+15), -6, 6o 80.

TO-DAY'S MATCHES, OPEN CHAMPIONSHIP SINALES W. H. Giflow . S. E. Green.

F

HANDICAP SINGLES B.-E. J. R. Mit Mr. Prusser then raised the paint of Mr. AE. "Weight, the Building Authochell (ser.) E. G. Lammert (+1/5).

HANDICAP Docos.-V. 1. Brayburn test. If, he submitted, the London ity, subperned by defendants, stated that and A. N. R. Carr (ser.). D. Burling "Joint Crey and Midland Bank-did not the certifiente was withdrawn "heenuse it bam and C G Perdue (+4/6): A. H.

Penn and A. V. T. Deno (+15). W os demand they would had been given under a misapprehension. Comahy and A. Pierey (+5/6).

MUSED DOMES-J. A. Worswick and automatically charge interest against the He considered that the building couh!

He nd Miss D. 4. Fudge (+348) r. G. W. Sewell Barque Industrielle. It was a document not be regarded as a new one. like a bill of exchange, payable un demitted that the plans should not have and Miss H. Irving (ser.).

And if Mr. Mody had been been passed, and that the Building aband.. charged interest, the demand could not Authority was in error. now be regarded as a deinül

Air. Potter disputed this submission. The question of interest was not rdevant. None had been charged. and what might have happened if interest had been charged was a point which did not arise in the case"

There was up further evidence." Mr. Davidson submitted there was no evidence to show that the tenants had been injured by what was a technicality In his estimation it was, an astounding thing to say that it was not a new build- ing just because the walls were too this.

BILLARDS CHAMPIONSHIP OF

THE COLONY. PLAYERS AND DATES OF MATCHES,

The opening game in the Billiards Championship of the Colony will he! played at the V.B.C. on March 24th." The games will be played in two sessions, the first to commence at 8 pm, and the second at 9 pm.

The preliminaries will be games of 500 up and the semi-finals

The fire was too far advanced when the Brigade arrived to enable them to ascer tain what was the cause of the outbreak, but some of the Company's employés suspect arson. The manager of the Com. pany, however, does not agree with this theory. He believes the fire to have been accidental

So far as is known, the building is in- sured but the motor-buses and cars are not. The garage is situated at the ex- treme left of the Ming Yuen Gardens as proceeds towards to Shaukiwam. The MingYuen Gardens was formerly known

The gardens are at prescut shooting. garage was formerly used for clay pigeon used as a Chinese pleasure resort.

CROQUET

IS

COMING IN AGAIN.

JAQUE'S

REGULATION SETS. FROM $50.00.

AUSTINS NOL QFASTE

EXTRA MALLETS SETS OF 4 BALLS

***

KOOPSE: BICKETE

$7.00 Each. Boxwood $7.50 Set. ...Composition $2.00

TABLE, CROQUET THE AFTER DINNER GAME $15.00 Complete Set.

LANE, CRAWFORD, LTD.

COMPLETE SPORTS OUTFITTERS.

GOLD CREAM AND FACE CREAM

Daggett & Ramall's perfect Cold Cream

Pond's Cold Crem

Parke, Davis Cold Cream

Parola Cold Cream (Theatrical)

י,

Houbigant's En Beute Face CreaZZA, Hind's Honey & Almond Cream

Legrand's Secret Jolly & Roses Juvenile Pond's Vanishing Creams

Yardley's Face Cream

Ven-Yass Toilet Crea

Stearn's Peroxide Cream Stillman's Freekis Cream & Creme Simon

THE CHINA DISPENSARY

Air Prosser rejoins that has world ask He asked his Lordship to say that the and challenge, matches will be gain as the Belle Vue Hotel and the destroyeTHE CHINA

buikling was a very one and that the 1,000 p. Following are the dates for the notice to quit was valid.

His Lordship, to take judicial notice of the question of interest, as raised by him- Bell (Mr. Prover), ^«

Mr. Yaux replied that the Building Continuing, he said there was bind Authority was misled into giving a certi ficate and submitted that the notice to ing agreement to pay on demand and a

which was not binding inquit was invalid since the plaintiff had Jaw, such as it obstructed Mr. Mody, failed to perform a requisite condition. tied - hand for the period requested | His Honour said he would reserve judg for confirmation to come from Paris. If ment.

variation

he had wished,, during that time, to pay

off the Bank of East Asin and suo" the

Batque Industrielle be could not have PUTTING IT TO THE TEST.

do so. Dealing with contract varia-

tions, counsel salu that variations were invariably made during the term of the original contract and were general biud-

g. In this case any variation, he con louded, when acted upon, immediately discharged his client, as the original con- Iruct had ceased to exist.

MAGISTRATE ORDERS, DEMON-

STRATION.

A fire cracker demonstration enlivened the Magisterial proceedings yesterday morning, and startled police officers in the vicinity. The Magistrate Mr. E. W. Hamilton, was present at the demonstra After Mr. Prosser had quoted judgtion and it was on his instructions that ments concerning contracts with varia- tions, the Chief Justice adjourned the case until this morning.

ST. STEPHEN'S COLLEGE.

celebrated

by

the performance was held, to prove whether the powder in the cracker was explosive or not. The prosecution con- tended that it was, and Mr. T G. Ben- nett, solicitor for the defence, argued to the contrary. When the test was held the cracker went off with a bang.

Evidence showed that the defendant had two matsheds behind a hill, about 400 yards from the Shamsuipo police station, and thea were concealed from view until the bill had been cut away A number of women and foremen were stated to have worked on the premises and a quantity of powder, paper cylin ders and fuses, produced by the Ser- geants, were found there.

"FOUNDER'S DAY.

The case was one in which three sun- monses were being heard against the Two Founder's Day

Chan Tai Kee Fire-cracker Co. students and old boys of St. Stephen's taken out by Police Sergeants Knowles College at the Chinese Recreation "Club and Mair were in respect of making Ere- yesterday afternoon, when a sports gymn-crackers in an unlicensed building and kham comprising nine events took place. one by Mr. A. C. Burford, Land Bailit, Prizes were distributed by Miss Lau, was for having uutsheds on Crown Land,

free of the manager of the Merchant without a permit. Bank. The officials responsible for the successful afternoon's entertainment were: Sports Committee.-Mr. Ng Se Kwong (Chairman), Messrs. Wan In Shing. Chau Kwan Lam, Cheng Wing Kui, Leung Sai

nh Clerks of Course-Mr., Wan In Shing and Mr. Chan Kwan Lam.

Starters and Handicapers.-Rev. E. K. Quick and Me. Cheung Wing Kui

Oficial Recordor.-Mr. Chau Cheung

Mr. T . Bennett, for the defense, said that his client, hid a licensed factory Min.

Judges-Rev. W. H. Heritt, Jr. Chau for 18 years but this had been pulled Thun Nin, Mr. J. E. Warner, Mr. Las down to make way for a new road. He Kwai Cheuk, Mr. Li Hoi Tung, Mr. Lo was having a new factory built in Matau Kwan In, Rev. C. B. Shann. Mr. Ha kok, but was continuing his business on Wing Ching, Mr. Tang Ying Lan, Mr. a small scale by having the matsheds. Ng Chiu Houng, Mr. Toi Hak Bon, and He contended that the powder was not Mr. Wan Wai Choy.

explosive but was.merely put in the Reception Committee, Mr. Fung Man crackers so that when they became red- Sui, Mr. Chau Iu Nio, Mr. Kwok Siung hot they would fall off after the cracker do, Mr. Tang Shue Kin, Mr. Li Chor had gone off and thes, produce a pretty Chi, Mr. Leung Sai Wah, Mr. Cbnu effect Kwa Nin, Mr. Lau Kai, Mr. Li King Sergeant Knowles insisted that the Hong, and Mr. Teo Shin On.

apowder was explosive and His Worship

ordered, the test.

Mr. Ng Sze Kwong (Chairman of the Sports Committee) in the course of a short speech, thanked Miss Lau for pre- wenting the prizes and the Chinese Re creation Club for the use of the Club pre- miss and grounds. The Bard of no. Jst Fast Surrey Regt, was attendance,

Mr. Bennett contended that the mật- sheds were erected with the tacit approval of the authorities.

His Worship adjourned the case to the 14th inst: to allow Mr Bennelt to call evidence on this point.

various games : --

·FLAST ROUND.

0) K. S. Kwong, bye, (2). N. Tang v. T. X. Loung, March

24th.

By Ko Shi Cheong » R. Luz March

25th

(4) E. D. Da Roza . T. T. Yik, March

26th.

K. K. Loong,

FI. C. Balchin,

(5) Major Gandy

March Sith.

(6) C. Earnshaw

March 9th,

(7) E. W. Spry e. T. Yvanovich, March

'31st.

(8) T. A. Osmund, bye.

SECOND ROUN}).

2

(1) K. „C. Kwok' r. winner of Tsang

Leung match. April 1st. -

(2) Winner of Cheung-Luz match

winner of Da Roza-Yik match, April #nd.

(3) Winner of Grady-Leong match

winner of Earnshaw-Balehin match, April 3rd.

(1) Winner of Spry-Yvanovich match

1. A. Ound.. April 4th

BEMI-FINALS.

I.

The first semi-final, between winners of first and second matches in the second round. will be played on April 7th, and the winners of second semi-final, between third and fourth match, on April 8th.

The dates of the final and challenge natches will be announced later.

INTERPORT REGATTAS.

At the annual meeting of the Shanghai Rowing Club last week, Mr. R. L Seeprant, captain of the Club, said in the course of his sprech

OBITUARY:

MRS WILLIAM JARVIS. ·

Particularly sad circumstances surround the death of Mrs Jarvis, wife of 31r. William Jarvis of the Chinese Maritime Customis, who died early yesterday morn. ing from smallpox. Mr. Jarvis and the late Mira Jarvis had only been married nineteen days. The deceased lady came out to Hongkong on February 20ad by the s.s. City hf Fork and the mar riage took place the same day at St. | Joseph's Church. The honeymoon was spent in Hongkong and six days later the newly married couple took up guar ters on in Tin Island where Mr. Jarvis was stationed for duty, Mrs. Jarvis was taken ill on March 5th and two days later she was removed to hospital in Hongkong where her case was diagnosed as small- pox. She died at 3.10 a.. yesterday,

The late Mrs. Jarvis was a daughter of Mr. and Mrs. Read, who are well-known residents of Stratford, "London. She was just 25 years of age. Much sympathy will be felt for Mr. Jarvis in his very sad bereavement.

The funeral took place yesterday even- ing at the Roman Catholic Cemetery, Happy Valley, a large cortege of sym- pathising friends attending the graveaide. The Rev. Father Augustine, who had officiated at the marriage, conducted the burial service.

ANOTHER TRUE STORY. "The staging of two Diterport rogattas in the sime year, one at Hongkong and "What's in a inme? Yes, a good story. ghe in our hot waters, is not likely Here is another one prompted by the to occur again, but it was felt by yourAre you Pottie?" yaro which appeared committee that the past season afforded in these columns yesterday Alively an excellent opportunity to revive these young miss not a long time from home events, which have been conspicuous by was introduced to a number of military their abienes sites before the war. We men in the lounge of Kowloou's premier.. consider that the event at Hongkong Hotel, Presently another of them strolled might be regarded as the thin end of up, and was duly presented to the lads, the wedge, and that if an Interport Captain Smitht she queried, and Oh, he re Regatta could be arranged at Shanghai where is your uniform?" on a more ambitious senle, by inviting|plied, I have retired now I was in the oursmen from the northern ports as well Dragoon Guards," The lady was im as. Hongkong to compete, it could be pressed, for Smith was well preserved and anticipated that interest in such fixtures the Colony evidently agreed with his world he definitely renewed, to the ulti-health. Time went ou, and the lady kept male benefit of rowing not only in Shang- increasing her circle of acquaintances. hai, but in the Far East generally. Most One day, whilst she and another woman unfortunately the disastrous carthquaks were buying flowers, Smith came strolling in Japan precluded any possibility of down the hill, The comparatively new erowa bying sant from that country, and arrival, in her gushing manger, Beized the contest eventually became a triangular hold of him. "Oh, do let me introduce one between Shanghai, Hongkong and you to my friend." And she continued : Tientsin. The results of this contest are This is Captain Smith, of the Dragon now history, and need not be enlargod Garage!:"1 upon by me.

What is in a name?

T

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