1924-07-10 — Page 5

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RENTS ORDINANCE JUDGE. MENTS.

TWO DELIVERED YESTERDAY,

TENANTS VICTORIOUS, Į

THE HONGKONG DAILY PRESS. THURSDAY, JULY

STOPPING THE CUSTOMERS. THE APPROACHING TYPHOON

يه

TENANT'S HOUSE SURROUNDED. BY A RAMPART.

In the Summary Court, yesterday, the Yu Yuen firm, buxmakers, el 194, Wing Two Judgments, in cases nader the Lok Street, sued the landlord of their Renty Ordinance Were delivered yester premises for $1,000 daniages for alleged "day in the Summary Cour: by the Puiste trespass. Jidge (Mr. Lastice Dyer: Bali). Both ensed were elaines for possession by land

ferds.

Mr. C. A. S. Russ appeared for the Blaintiff and Mr. E. S. C. Brooks repre- sented the defendant. .

NO. SIGNAL HOISTED LAST

NIGHT.

CANTON NEWS.

10TH,

1024

EXAMINING LAND DEEDS: FOREIGN PROTESTS.

[FROM OUR CHINESE CORRESPONDENT] According to a recent ruling of the Canton Manicipality foreign subjects owp-

At 920 am. yesterday averning the No. 1 typhoon signal was hoisted indicating that the typhoon which formed to the North East of Lazan a few days ng ising land in Canton are required to offer drawing near to the Colony,

The position of the typhoon yesterday morning was Lat. (N.) and Long. 11 (E), moving in a W.N.W. direction, radius unknown. show the centre

These measurements. of the typhoon to be

their title deeds to the proper authorities for inspection, and to pay the regulated tees, as native property owners are ve quired to do. To this ruling, the British and the Portuguese Corbular authorities. | have takra exception. It may be recalled

promulgated six months ago by Dr. Sua Yat-sen for war revenue purposes. At first he raised funds for his war by fare- is, of course, always the possibility of iting the Cantonese land owners to pay curving back in the direction of on another price for their occupied lands, kong. At the Harbour Oce

a repres alleging that their property was once

Mr. Russ submitted that it was a very PARTY WALLS MÍST COME DOWN! beul form of trespass in that not only

Ong case was that in which Law Cha was scaffolding erected, but deliberate about 300 miles direct East of Hongkong that this deeds examination onder was Yin'claimed possession of the Kwong Woobstruction was placed in frant of the premises in order that the tenant might restaurant, Nos. 401 to 18. Queen's Read he inconvenienced. There was no ques West. The landlord also asked for meane tion, Mr. Russ said, about the scaffolding proits from April įsik, 1921, at the rate baving been erected by the landlord, and this was built in such a way from the

of $1.15 per Chinese lunar math.

the defendant.

The question for decision in the ease. sajd, his Lordship, was whether the notice given by the plaintif was goil. The defeyer was that is was not good, because: it did not state the exact nature of the reconstruction. The instructions issued

and if it continues to move in a W.X.W direction it should go inland newhere about the Toscadores and Swatow. The

WES hoisted.

In the course of yesterday afternoon No signal was hoisted and was in position on to the early hours of this morning.

Mr. H. 2 Macnamara was for the ground floor to the first floor that portly sentative of the Daily Press was informed Government property, and in order to. plaintif and Mf. E. Davidson was for the wealthy customers of the tenants had that most of the small harbour craft had hasten payment be transferred the titles been unable to get into the premises, and takrus shelter in the typhoon refuges lots of lands from those refusing to these the result was that the tenants' takings before the No. 1 signal

willing enough to pay the sums demand- [ had dropped considerably over a $1,000 They seem to smell a typhoon," said aed, which were comparatively low. To per month. In fact it was surprising that harbour official. Some of the junk avoid being called upon unexpectedly to the plaintiff had done any business at all. masters have been lying snug in the refurnish and deeds for examination, and

Mr. Russ went on to say that the usual fuges for over ten hours" waiting and

prove that the boldings was not Govern- served watching the weather."

ment property, that the deels" it three months' notice to quit was

be submitted lor on the tenant on the 22 September,

arranged should 1928, under Section 4(1), of the Reats

examination so as to avoid being cons Ordinance. On Janugly teth, after the

demned for holding Government, land expiration of the notice, the defendant

unlawfully. A fee. of three per cent. of Elis Lordship, id that he was pre- came and asked plaintiff when he was"

the property value involved was then pared to bobl that it was sufficient if the going to leave, and on January 13th the

arranged for, The Canton Municipality landlord was going to pull down every-defendant came with a number of bam

soon inade this deeds examination com pulsory, going as far as declaring that thing and completely "rebuild, provided boos which they ergeted in front of the

all deeds failing to be examined by Octo that thus reconstruction was wafficient to premises, taking special care that they obstructed the plaintiffs' customers.

her ist would be regarded as void 'and make it a new building within the mean- Ou the 21st they erected a matshed two ing of the Ordinanc

stories high which completely shut out the light and they then built a rampart round the wall of the house.

were to pull down everything but to leave the party walls standing at the ends.

In this case, the intention was not to completely pail down at to leave the party wall standing, and his Lordship tu differ from the learned sait no reason

FORGED NOTES CHARGE.

ACCUSED SENT FOR TRIAL.

Lo Leung, a boarding house runner, who, is reported in the prity Press lands confiscated. Dr. Sun's war will yesterday, was charged on Tuesday with probably last as long as there is monet having uttered Iorged 100-rupee notes,ary support coming, and Canton values

have been estimated

at least From this deeds examina- came up again yesterday before Mr. 000,000,000.

he's realized. As it is obvious that Dr.

less upon his departure, many land, own- cry are not by any means in a hurry to submit their deeds.

Mr. Russ said that the plaintiffs takings for the last five months of the last Chinese R. E. Lindsell at the Central Magistian process alone, some $18,000,000 may acting Chief Justice who held that it year were 820,185. The takings for the tracy, when the bearing of the case was San's official seals in, Canton will be ase-

the notice stated that the intention was to completely pil! down and relik, whereas if it was actually proved that to leave the De actual intention was party walls standing, then the notice was hard. It was essential that the tenant

wren, to should know which walls pulled down.

4

as Lordship beld that the notice was tad. He could not hold that it was good in parts bat inus;"irent the matter as a whale.

first five.nionths of this year were $9.785.

At the conclusion of Mr. Russ's open- ing the Court adjourned in order that the Puisne Judge and the solicitors might inspect the premises in question.

Mr. E. S., C. Brooks, for the defeneo, asked his Lordship to assess the damages at one month's loss of proñts amounting to approximately 89. *.

His Lordship.said that he was prepared to find for the plaintiff but would not enter judgment antil after he had assess Judgrios" was entered for the defended the damages to be awarded'. ants with casty.

TENANTS MUST BE TOLD

EVERYTHING..

Judgment was reserved.

resumed.

The complainant's accountant, in the witness-box, said that be attended to the defendant on June 2nd when the latter changed two 100-rupee notes. Witdess counted out the amount to be given in exchange ($116.80). On the following day he examined the notes again, and became suspicions about them.

Later, the defendant was coming along the street, and the manager went out. wized him, and brought him into the money-changer's shop. The defendant, when challenged, said that he had been deputed to change the notes by another person, but gave no name or address by which the the latter could be traced.

In answer to His Worship, witness

It now only needs fine weather to asserted that defendant made" no men. sure the success of the first of Kowloon's Band Nights, which is due to take plac on Monday evening next, from 8. p.m. tá

His Lordship then proceeded to idles | RAND NIGHTS AT KOWLOON. liver judgines in the cats in which In Youk Che, of 15, Wing LK Street, einimed. possession of No. 45, Des Vaux Road West, from a number of temauls. A counter-claim for damages was brought | 11pm. against the landlard by the trials.

Mr. M. K. Lo appeared for the plain til. Mr. C. A. S. Rusa represented the first and third oor tenants, and Mr. 31. M. Wash represented the ground

floor tenant.

11

His Lordship said the defence relied three points in conducting their enser: first, that the exact nature of the reconstruction was not specified. in that ile intention was not to completely pull slown but to leave the external and party nails stapding; secondly, the bona fidra

an of the Tai Chung boarding house. At this point the accused stated that he had asked to be accompanied by, one of the shop's fokis to the boarding house, to find the man who had given him the ncies to change. *

.

By the kindness of Lieut.-Cal. . S. Montague-Bates, the Band of the 1st. Battalion East Surrey Regiment wili ren-

The witness admitted that the accused der public concerts in Kowloon every alternate Monday evening. A sub-com-Had made 'some such request, but that mittee of the Kowloon Residents' Associ- the management had not complied with ation, goniposed of Messrs. J. M. Alves, it, and had had the man ärrested. S. L. Hidden, A. V. Tolte, LE Lank

Sergt. Michael Murphy, giving evid

tuert and A. Morley, have made themence, stated that he questioned the de- selves responsible for the arrangements.

The Kowloon Football Club has very willingly placed its playing field, on Chatham Road, at the disposal of the Committee and this will make an ideai

ut the plaintiff in so doing were question-spot for such a concert, being almost on rd; and, thirdly, the retrospectiveness of the waterfront and out of the time of

fendant at the station. In consequence of his answers, witness went out with him to look for a certain man, but not find ing him, brought the defendant back to te etation. The accused was afterwards sent out again with a Chinese detective, to give him a chance to find the man, but again be failed to do so.

The Chinese detective gave evidence earroborating the last athiement.

MERCHANT VOLUNTEERS MERCENARY TROOPS.

The Alerchants' Volunteers of Kaukong and towns nearby are demanding that all Dr. Sun Yat-sen's Yunnanese tuercenaries in Kaukoog shall leave the territory per- marently; otherwise they will continue to maintain military vigilance against these non-Cantonese and undisciplined The Merchants Volun bandit-troops. teers of the 14 large towns in Namhoi and Hokshan adjacent to Kaukong were called out by the Central Command" in Canton, early in July upon request of the Kaukong merchants. The Kaukong mer chants hail complained that the Yunnan- ese mercenaries there were occupying the barracks of the volunteers after having first disarmed them, and also levying a wur tax of 26.30 a picul en ervoons ex- port. On arrival of outside aid, the Yun nanese finally agreed to leave the lar racks and return the arms and also cru gel the extra war tax on cuccons. The Merchants Volunteers up to July 5th were dissatisfied with the Yunnanese assurance of good conduct and suggested to Dr. Sun to move them away from Kaukong alto- gether. It appears that the volunteers will not move from Kaukong until the Yunnanese have left peaceably or by force. For the present the Yunnanese have moved outside Katkong and are still given the privilege of entering the city to buy food, but they cannot earry arms.

The Merchants Volunteers are gain. ing power not only in Kaukong but also in Shuntak, where they were able to say to the contending factions of Dr. Sun Yat- at week, in their struggle for con trol of the magistracy of that district, that the troops should not come within

as bandits. certain territory or they would be treated

DR. SUN'S CONTRACTING

TERRITORY.

The districts of Yeaping and Hoiping. ae Ordinance. This latter point, said interfering traffic. The China Light and

two of the 19 of the 96 stens in Kwang- his Lordship was only formally taken up Power Compay only needed to be asked

tung, Dr. Sun. Yat-sen's Cantonese Army may still claim control, have been lost to by the defines and he was not going to to freely undertake the work of providing

the Canton Kuomintang regimé, and Dr. any that the notice was bad on that an illuminated bandstand for the band

This closed "the case for the police. Sun's followers have now but 17 districts! ground. He could see no reason to differ and work on this is already in hand.

The accused said that be now realized left. General Tang Poon-yen, Chea Chiung-ming follower, attacked Tenping from Mr. Justice: Gompertz who held that The Committee has also made arrange-

mistake, he had made in changing the late in June and occupied Hoiping early a notice was furalid when it said that ments for about 400 chairs to be provid-

General Hsu Chung-chi, com the intention was to completely pull downed, but a charge of 20 cents, each will notes for another person, but repeated July, and re-build when actually the party cover the cost of hiring.

have to be made for the ase of these to that he did not know that they were mander-in-chiel of the Cantonese Ariny supporting. Dr. Sun, is rushing re-inforce Programmes forgeries. He asked the Magistrate to be ment to the Southern Territory in order walls were left standing. The object of at the concert will be distributed free to

to regain these two districts. lenient the Ordinance seemed to be that the all attending, and in other ways most

THE ARSENAL. tenant should be made cognizant with complete arrangements have been made what it was proposed to do. The neces to ensure the success and cojosableness at the next Criminal Sessions. sity of a certificate from the Building of the concert. Authority lessened the necessity of stat- The Committee is grateful to the China ing the exact nature, but the point that Light and Power Company, the Star" the tenant should be made cognisant had Ferry Company Ltd., the Kai Tack Motor been left in the Ordinance by the Legis Bus Company, the Kowloon Football Jature and therefore the same construc Club, and others for so willingly assisting, tion must be placed on it by the Court. in the making of the arrangements. It In fact it had to be construed strictly. only remains now for Kowloon residents His Lordship entered judgment for the to turn up in big numbers on alternate

Monday evenings. .... "defendants.

Mr. Lo asked his Lordship for a ruling ns to the bona files of the landlord, and in reply Mr. Justice Dyer Ball said that, speaking generally, he could not impute mala fidés to the landlord on the matter asto bis intention to reconstruct.

THE WRECK OF THE "YAHIKO MARU.”

ACCURATE POSITION STATED

A notice was posted at the Harbour On the question of the counter-claim Ofice pesterday stating trut the master for damages, his Lordship said the of the ss. 3ling Sang reports the accu nants had suffered little damage. He rate position of the wreck of the so. awarded the ground floor tenant $10 and Yo Maru to he

Lat. 20° 13′ 8 (N.) and Long. 110 5

[* (E.). Ahe first and third floor tenants $ú each.

The accused wits committed for trial

HAUL OF ARMS. ALERT WATCHMAN ON THE

SAN NAM HOL”

The Kwangtung Arsenal in Shekcheng is not operating these days, when it should be meeting the demands for rifles and ammunition. Dr. Sun's General Headquarters are unable to finance the daily moning expenses and the Arsenal, with crder, while the public, having, to iu onder to operate, must ask for cash more confidence in governinent enterprises in Canton, will only, offer payments on In the early hours of yesterday mora delivery. Before the closing down, many ing. the Indian watch on board the mercenary commanders had greatly em- 8.6. Sau Sam Roi, which plies between barrassed the Arsenal authorities with Hongkong and Kongmoon, had his their requisitions for immediate delivery

Dumber of of war supplica. » suspicious aroused. by a Chinese in a rampon, who were putting bags and baskets on board the ship, which was lying alongside the wharf at Hongkong.

"WILD CAT", FINANCE. The wild cat", financial schemes of Canton officialdom worked well in the first He walked, up to investigate, where-week of July. With a capital of about upon the men made eff in their sampan $100,000 in cash the almost worthless with all speed, leaving a large quantity banknotes of the defunct Provincial Bank of arms and ammunition on the deck of of Kwangtung were played up from 1

per cent to almost 15

per cent of the the San Man Hvi

face value, and persons interested in the These amounted to 10 semi-automatic scheme were able to let out about pistols and 11,000 rounds of ammunition $10,000,000 formerly held by the Gover Of the latter, only about 500 rounds fitment and succeeded in giving. Dr. Sun the pistol.

Yat-sen temporary relief, according to the

8th. No arrests have so far been made. Sun Krok Wo Po News of J

July

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