1924-07-09 — Page 5

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NEW ASPECT OF THE RENTS' ORNINANCE..

IS A NOTICE TO QUIT NECESSARY WHEN RENT IS IN ARGEARS?

A

new point was raised in the Summary Court, pestenlay by Mr. CH. Lyson before Mr. Justice Dyer Ball to the effect a landlord's notice to quit was not necessary when the rent was in arrents.

The case was one in which Wong Koutson of Na, 142, Des Voeux Road L'enteni, suod a teuant, named Chau-Pui, for jessession of the ground floor of No.

•6," Pokfulum Road, and for four months rent at $10 a month and mesne profits, "Mr. Lyson said he brought his claim for possession under Section 4(Da of the Rents Ordinance, under which, he con- tended, it was not necessary to serve a

notice to quit if the rent had not been

paid.

His Lordship: Bath almost sure you will find it is necessary, hut perhaps you raight be able to convince me to the con- trary.

The landlord, in the witness-lox." said that he had rescive po cent since Jana- way 9th..

The defendant's plea was that he had offered the tent but end nut fine), the address of the landlord as he had been sent to the wrong address by saurone ip the other of Messrs. Lyson & Mall

His Lordship asked. Mr. Lyunu if his client was prepared to let the defendant stay or he paid the rest.

In reply. Mr. Lyson said he was not, as the defendant was a very bad payer

and that he was a nuisance,,

His Lordship: I am practically certain that you must give notice before you can get him but for non-payment of rest. shall, probably give judgment for rent slue, if you love arrears, but I shall reserve the question of possession antil I make

Sure.

Later his Lordship said that there had beri considerable argument in the Full Court the other day on the question of givingonaties, the arguent being that it was necessary under section 4(1) to have a Common Law notice as well as a three months Statatory ptice. In the Full Court it was assumed by hath sides that

THE HONGKONG DAILY PRESS, WEDNESDAY, JULY 9T8,

ABSENT JUROR. MAKES AMENDS AT THE KOW- LOON COUNT.

At the Kowloon Magistracy, before Mr. W Hamilton, yesterday, Mr. P. K. Wei was summoned to explained why he did not appear for service on a jury at a death enquiry on May 29th.

Mr. W. B. Hind, representing Mr. Wei, said that the jury summons was served on his client on the day beforede was due to sail for Shanghak There was no time then to notify the Court, so' Mr. Wei asked a friend of his to get Me. Hind to attend the fourt and ex- plain the matter. Owing to the

error of clerk, said Mr. Hind, he did not receive instructions in time to do so.

While pointing out the incenvenience which had been caused, Mr. Hamilton said he would accept the explanation.

FORGED RUPEE NOTES. CHARGE AGAINST A BOARDING

HOUSE RUNNER.

i

CANTON NEWS.

CANTONESE SHIPPING: A STOP. PAGE THREATENING.

[FROM OUR CHINESE CORRESPONDENT-]

to Leung, a Chinese, who said he was a boarding-house runner, was charged before Mr. R. E. Lindsell at the Central

attering Canton and adjacent districts muy again. Magistracy yesterday. with forged 100-rupee notes

suffer n stoppago of shipping traffic, sun- A Chinese money-changer said that less the latest bill of grievances present- to his catablishmented to Dr. Sun Yat-sen by the Kwangtung defendant came several time in one day, and changed Ship Owners' Guild is more or less re- notes, parporting to be Government of dressed. The ship owners met in Canton, India 100-rupre notes, into Hongkong on July oth, to take joint action with currency, Witness gave him 359.40 for referetice to the still indiscriminate veni

Defendant changed four in mandeering of their vessels by so-called |

troops of Dr. Sun. Most of these troops, it was asserted, had never been trained to service. but become such only upon appointment by Dr. Sun of one of their chiefs as a battalion commander" or the like, and these bandit troops in turn, would change their tong"

each note. all.

The next day, after a conversation with his accountant. witness had reason to be lieve that the notes might be spurious, and defendant happening to pass the shop, witness ran after him, stopped him. and later gave him into custody.

OY band

Mr. J. R. Corly. a "sub-nccountant colour into one of the white sun mount- SUICIDE'S LEGACY. of the Hongkong Branch of the Chartered on blue colour of Dr. Sun's revolu

ed Bank of India, Australia and China. tionary insignia. COSTS. CHINESE YOUTH 2500 said that he was well acquainted with Mr. J. M. d'Almada Remedios'uppenr- Government of India rupes notes He ed at the Kowloon Magistracy yesterday had examined some notes in Court which They to defend a Chinese youth who was purported to be 100-rupee notes. charged with the unlawful possession of were forgeries.

Witness declared that 150 rounds of revolver ammunition. another" note handed to him was a His instructions, said Mr. Remedios,genuine 100-rupee Government of India to plead guilty to the technical issue. The forged notes were very good were offer, but he had a good explanation to imitations, the best he had seen in the offer. The boy had gon to the United course of his business career,

The accused was remanded until this States, but had been detained by the Immigration authorities, and, later sent afternoon." back to Hongkong. While on the journey back, a Chinese asked the boy to take of Home parcels, afterwards found to con tain the amminilion. The man subse- quently went out of his mind, and com- mitted suicide at Shanghui.

His client could not have procured the ammunition in Angerien, as he had not been allowed out of the Immigration shed. ne asked the Magistrate (Mr. Hamilton) to view the case with a lenient eye.

Inspector W. Spear said that he had made enquiries, and found that the man referred to committed suicide, not at Shanghai, but at Kobe.

His Worship told" the defendant that

people au got as much as five years for

Since the January of 1923, more than 400 small steaners and launches in Can- on and vicinity had been commandeered by Dr. Sun's troops and converted into commercial service with special protec tion by accomplices on the several water routes of traffic, thus leaving the privately- owned boats to the mercy of. irregular

tribute and right-of-way fees are now no troops and pirates whose demands for longer tolerable. Upon every appeal to Dr. Sun for redress, the reply had been an assurance of an early return of these boats-something the ship owners never COMPANY REPORTS. had the privilege of seeing. According to the ship owners, convoys and formation HONGKONG AND SHANGHAI BANK of volunteer corps for self-defence could

ING CORPORATION, „LTD..

do but little to help, since government | The Hongkong and Shanghai Banking gunboats, like the Kong Tai, wouki co- | Corporation announce an interim divid-operate with bandits and pirates'in at- end of £ per share, subject to deduc. tacking inerchant shipping.

RESISTING SPECIAL TAXATION: tion of income-tax. for. the half year

AT KAURONA. ending June 30th, 1924, nt tire rate of

s. 4d, per dollar

UNITED ASBESTOS ORIENTAL

AGENCY, LTD.

The report of the General Managers (alesses. Dodwell & Co., Ltd.) for the

under Sections 4(1) a. b. and d, that Common Law notice was necessary. such an oftence.' He (the Magistrate) | year ended 31st May, 1994, states;

Mr. Lyson said that under Section 4(1)f' _it_was necessary to give notice because something was going to be duge to the premises, but Section 4(1) had to be tooked at in a different light. This see tion stated that no order or judgment, etc., shall be made or given unless - and-so happened," which, be" contended meant that as soon as the rent was in arrenes the hundlord has the right to

Accounts. The balance at the credit would not be doing his duty if he did nöt-

of proft and loss nccount, including take a firm sew of these arms cases, eg,854,55 brought forward from last year, would not inflict the maximum penalty is $30,078.35, which it is proposed to ap in this case, but would impose a fine of propriate as follows:-

*300.

LOTTERY TICKET CHARGE. MAN FINED WHO HAD OPIUM AS WELL.

come into Court and say May 1 turn Inspeter T. Murphy gave evidence at this termat out ". If his evidence was the Kowloon Jagistracy, yesterday, proved that the rent was in arrears then a case where a Chinese was charged he was mititled to possession.

lis Lairship: I feel-fairly certain-. ad I don't think I shall change iny view that, a notice to quit is necessary,

with the possession of lottery tickets.

On the evening of the 4th inst., said

the inspector, be visited the first flour

To pay a dividend of 60 cogts

on ordinary shares 85,9-10.00 To-pay a further dividend of ordinary

רלו

40 cents shares To pay $20.00 per share on founders' shares ......

To pay a bonus-of t0 cents or ordinary shares........

To pay a bonus of $59-40 per share on founders' shares To carry forward to new ae

count

3,960.00

3,900.00

5.940.00

By calling upon the village guarils and merchants vol terse wishikuring towns for assistance, the inland port of Kankong along the West River in Kwang-4

steamers regularly touch in their ordinary tag through which several Hongkong service has so far subceeded in prevent- ing special and extra imposta by Dr. Sun's Yunnanese mercenaries now occupying it. Aside from the ordinary taxes which the people would pay as a matter of course. the Yennanese were to have also collect- ed n'export surtax on cocoons up to about 630 a pient

PROTEST AGAINST SUGAR - TAX.

ง

In addition to, the bakers and the con fectioners in Canton, the gatherers of 5,940.00 certain fruit juice have also petitioned Dr. Sun Yat-sen's Secretary of Finance 4.335.35

to withdraw the 21 per cent., war tax on $30,078.35 sugar. The wholesale dealers stive June 2rd have not been selling sugar'ae' a pro- test against the extra tax and this is

and shops bandling bakery products, as tausing special hardship to the bakeries flour and sugar are their chief essentials. FLOODS ON THE EAST AND WEST RIVERS.

Auditors-Tim accounts now presented

of a house in Shanghai Street. Defendant beer audited by Messrs. Linstead was lying on a bed in a back room. Het Davis, who, being eligible, offer them

On the selves for re-election. was the only person present. dressing table were soun: books relating to a lottery and eight lottery tickets were found under a small drawer in the

but in deference to you. Mr. Lyson, I will consider the point. In any case I will give indgruent now for the rent dur.

His Lardship made an order for the payment of six months' rent in arrears, and reserved judgment on to the point as to whether notice to quit was neces-dressing table. sary.

SHAKEPEARE RECITAL. FINE PERFORMANCE AT QUEEN'S COLLEGE HALL,

"

Br. Leo Wallace-Young and Miss Celia Aron (Mra Wallace-Young), the well- known Shakespearian character actors, gave a striking-catertainment at the Queen's College till yesterday evening.

A large audience of carness students high interest while these two talented ex J-onents of the histrionic art played Julius Cæsar," "As you passage from Like Macbeth, The Merchant of and King Henry V." In the Venice, Jast med excerpt, great enthusiasm was evoked by the pinyers' rendering of the well-known love scene between Henry Yand Princess Katherine of France.

of the Brann watched and listened with

CINEMA HOTES.

QUEEN'S THENTIE.

This

The defendant admitted the uwnership of these latter, but said that documents found it an open desk belonged to some- body els

I

LOCAL SPORT. LEAGUE TENNIS.

I.R.C, T. H.K.C.C.

"Playing at home on Monday in the 1st Division of the Hongkong Tennis League, the Indian Recreation Club de-

Several parts of Canton Delts are now suffering from foods caused by the recent heavy rainfall which resulted in the over- Bowing of some parts of the East and the West Rivers and the daunge to a

He was asked by the Magistrate (Mr.feated the Hongkong Cricket Club by 69 number of dykes by which many Cauton Hamilton) why an envelope addressed to games to 31. Scores

S. D. and S. II. Ismail (LRC) beat ese towns are protected from frequent him was found on this desk. The rep A. D. Iwuphreys and Sewell 6-5, beat inundation. Latest, reports to hand in- was that somebody must have put it there without the defendant's knowledge.

His Worship imposed a fine of $30 with an alternative of one month's imprison ment; and on an additional charge in connection with one tael of illicit opium, ordered the defendant to pay to prison for three weeks,

or go

MARINE COURT CASES.

At the Marine Magistracy yesterday morning, before Lieut. Comdr. -Conway Hake, N.R., the master of a cargo junk was fined $25 for dumping building mate- rial into the waters of the Colony with- out permission of the Harbour Master,

William Farnum will be seen in "a delightful role at the Queen's Theatre The defendant pleaded that he got into to-day in "The Adventurer." popular artist portrays a character which the hackwash of a passing, steamer and

was compelled to lighten his load. is admirably suited to, him and in said to show him at his best at all times. He is happy-go-lucky, duelling adventur.: er who is shemed against by courtisans

At the same Court the masters of two trading juuks were fined $5 each for

ignorance of the law,

||

of King Charles II of Fracon but he mooring outside five others alongside the eorges triumphant from his troubles. and provides some exciting episodes of 9.8. Prominent. The defendants pleaded romance. A fine cast supports him. Extolle Taylor is the leading lady " and the brings to the part of Maritana, n gypsy dancer, the flush and the charm of her youth and beauty? She will be always remembered for a similar part in

a polics otheer with the aid of field a special picture shown here quite re cently, Others

ara Dorothy Drake, 1 glasses. The woman stoutly denied the Kenneth Casey. Harry Southard and otence and said he had anchored for

chow!! the purpose of having her

Paul Cazareuva...:

The mistress of a sand junk was also ned. 295 for dumping and into the waters of the Colony. Bae was seen by

Haworth and J. D. Humphreys 9 heat diente that nearly 200 villages in Sa Saunders and Stark 7-4 (99-11)

B. A. and A. H. Rumjahn (L.R.C.) bent A. D. Humphreys and Sewell bent Haworth and J. 1. Humphreys 0-0, heat Saunders and Stark, 10-1.

"

LEAGUE TABLE

1ST DIVISION:

P. W.

U.S.R.ţ

K.C.C

B. D. Rumjaho and O. Ismail (I.R.C.) shui along the West River, seven dykes lost to A. D. Humphreys and Sewell 47, in Kaoming, stations on the Canton- beat Raworth and J. D. Humphreys 10-1, Samshui Railroad above Sheungnak, beat Saunders and Stark 10-1 (24-9).

three dykes in Sunwui, Tagkun along the East River, and Fatshau, a city some 15 miles, are suffering serious damage by water. The flood is causing the destruc tion of crops. Relief work now-a-days `is much obstructed by shortage of boats caused by Dr. Sun's troops commandeer- ing many of them for their exclusive use. different Moreover, handit-troops in parts of Kwangtung prevent the free evement of relief parties and provision" Home hoats which cannot travel without military protection. Many appeals are received daily in Catton from the dis tricks for help but nothing worthy of mention has been done up to this time.

DR SUN LOSES ANOTHER DISTRICT.

J.R.C. C.R.C University ILK C.C

3

2ND DIVISION.

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·UR.C. (A) 1.R.C. (A) ILK.C.C.

10

·W.-L.

9

1

9

10

* ཀ

C.R.C. (A). c.s.c.c.

7

0

I!

6

5

5

2

U.S.R.C. IRC. (B) K.C.C. (A)

University

U. de R.

KCC. (B)

C.C.C. (A) N.T.C CC.C. (B)

GOLT.

5

0

The Captain's Cup competition, played at Fanling on July it-th, was won by 7. W. Sewell, M÷18¬78.

Yeaping, one of the 19 possible dis. tricts still left to the Cantonese Army belonging to Dr. Sun Yat-sen, was lost to General Tang Poon-yah, a Chen Chiung-ming supporter, last week Dr. Sun's headquarter, while admitting defeat at Yanping, believe that General Heu Chung-chi, commander-in-chief of all pro Sun forces in Canton, will be able to drive, back the enemy shortly.

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