1924-07-26 — Page 5

Page

COURT OF APPEAL.

FIRST STREET POSSESSION CASK.

SUMMARY CERT

DECISION

Judgment was delivered yesterday meet- ing in the fourt of Appeal the ease in which a tenant apgated against the written judgment of Mr. Justice Compertz drivered in May last, which was in favour of the inadlord in a claim for possession

THE HONGKONG DAILY PRESS, SATURDAY, JULY 2677, 1.924

** ESTATE IN SOUTHERN

SIAM

175. COMPANY PROMOTER CHARGED

The ease in which Brill Belknap Wickershan. an American, of No Tramway Path, stands charged with misrepresentation in connection with the American Asiatic Commercial Company, was resumed before Mr. R. E. Lindsell

afterncou,

Counsel: Before you made out the { prospectus -About the same time.

You have told us that you drafted the prospectus from data provided by Mr. Wickershan --Yra,

Did he supply all the information All information with regned to the Com. pany.

Out of a number of concerns which the

· CHINESE MARRIAGE

CUSTOMS.

INTERESTING 'PROCEEDINGS AT THE SUMMARY COURT,

THE PRICE OF A BEITTIFUL GIRL,

prospectus sinted might be started at

Interesting evidence as to custoos a later date, the witness said that some relating to the hetrothal of Chinese girls. were suggested by Mr. Wickersham, but that witness thought of the projected and the gilts of money which accompany Eastern Navigation and Boaking Cor. ich betrothats, was given sesterday at the Central Magistraey yesterdayporation, Lid, the Hinterland and afternoon in the Summary Court, before Island Trading Co., Ltd., The Bangkok Mr. Justice Dyer Ball. The case was one from a munker of tenauts in First Street. Mr. Theodory Max Robin, Gomera! Metalizing Co., Ltd.. The Hongkong continued from the previous week it. which The appeal was heard on June 16th before Manager and Vice-President of the Con-Commercial

and Industrial Banking Yung Fik Chan, as father of a young the acting Chief Justice (3r. II.", J. Pany, continuing his evidence in chief. Corporation, Ltd.. and The Far Eastern Chinese girl named Yang Mai Kin, who (omperta) and the acting Paisne Judge was asked by Mr. J. H. B. Nihill, Travellers' Association.

was killed in a motor-bus ernsh at Un counsel for the prosecution, if he had Counsel: Without your brains be- Lung Bridge some time ago sued the (Mr. Dyer Balt). Roth, Judges drejdederer vid a written statement that bind it, an affair of this magnitude Chan Hing Motor Bus Company for 1.000 yesterday "that" Mr. Justice (iompertz's the firm had an estate in Southern Siam could have been successfully couïucted /-- previous judgment should stand, which handed to the Magistrate a type-written

Witness answered in the afirmation, and It was a matter of co-operation. meant that the appellant's case failed.

The ense was one in which Messrs. Yeung Chik-fook and H Shingvi, owe ers of a row of onses in First Street, sought to obtain possession of eleven Hats out of a topak of ga Fourteen of the tenants, who we served with motions, left, laf the areunining 11 refused to give up possession on a point of law, The tire to quit was served in October last, expiring three months later, on the ground that the landlord desired to pull down and re-construies the premises. It was claimed for the tenants when the ease was heard before Mr. Justice Gum-

pertz that they went into wenpation "different days but the notice to quen every case expired on the same day and it was submitted that this was wrong and that sepacate notices expiring at the end the period of tenang should have be served in each case.

Air, artice Gompertz debered a lengthy written judgment on the points at ikane.

"The appellant claimed that the judge nent was wrong in two respects, viz: (1) in holding that the three months notion to quit could expire at any date sind

ACTING CHIEF JUSTICE'S DECISION.

docsment.

THE BORAH LETTER.

Mr.-N. Brewer (defouling): put- and offered your service-There was no to you that you went to the defendant offer of wrvices. The arrangement was mutual.

Have you any private means-No

toure now

any-A lule. Not much.

When you joined the firm. had you

it was nut for your money, hut for your That, when they accepted your service,

brains? Yes.

The thing you really blame Mr. Wicker shan for is not having told you about the Fas! 7-Y29.

WITNESS'S SMILK,

You are quite sure that you did not know the true circumstances when you drew up the prospectus ?-Quite.

Did you, or did you not, over read out the draft of your prospectus --That 1 cannot tell you.

damages.

The action is brought under the Fatal Accidents. Ordinance of 1859.

Mr. Himl appeared for the plaintiff. but when the case, was opened there was ne appearance for the defence, and though Mr. Ilind produced evidence to show that the inther of the dead girl received $1,000.on betrothal and that by reason of the death the money bad to be axpaid, his Lordship felt that the defen- laut was absent through misunderstand- Can you swear that you never reading and adjourned the ease in order that ihe draft prospectus to a group con. and an outsider cannot remember. sisting of Mr. Shaffer. Mr. Wickershan the defendant could put in his defence.

I suggest that both Mr. Shoffer and Until you arrived they were doing an Mr. Wickershan, on that version of ordinary intport and export business (jected to your pulling the estate in the Tes

prospectus -ND

nation and your business acumen to the You were coming in to give your cũn concern. Did it not greur to you to make a few enquiries-At the outset, couch for me. the letter from Senator Borah was good

Counsel, handed witness a letter, and asked him if he had seen it. Wit. ness weplied that be never saw it, but it was read to him by the defendant,

(Contraued on next column)

saying "But we have not got the lease I put it to you that they objected, yet."No.

w

Yesterday afternoon when the case was enlled Mr. R. Corks appeared for the defence. He opened his case by predue- ing evidence as to the marriage customs in the Waidhow district where the youth. to whom the dercased girl was betrothed lived.

Ile placed in the witness-box a Chinese dressed in European style, of 22 years of I put it to you farther that you an-

age, to speak as to existing marriage swered `" But we shall have it by the ume this prospectus is ready."--No." 1. Mr. Hind objected to the, evidence Who gave the draft to the printer to beatating that it was the custous in Court printed-1 believe Mr. Shoffer or Mr. that goody but an aller of a village or Wickershan.

district was entitled to give evilence on such matters.

vustois

The evidence wni proceeded with and the witness, recalled for the benefit of the Court, that he bad a. cousin who was betrothed at the age of 5 or G years. The betrothal gift in her ense was 320

Mr. Corke: Was any arrangement unde to give that gift back if ahi dind --No, there is no such custom.

Cross-examined by Mr. Hind, the wit.

You believe I do not know. Anyhow it was our of thuỷh two gentlemen. that the Ordinance of 1021, which

You are quite certain it was not your refered to the date of the judgment or

wif who gave it to the printer -Quite. ender, applied to expired notices where

Are you quite certain that you did the writ had not been issued until after many of the Colony, does it appear. by Chinese-I may have given the order.

Applying this test to the Rents Ordinot order the translation to be made into the date of which the Ordinances was

express wouls or necessary implication 11est!,

I put it to you, Mr. Rohn, that the The Heis. Mr. C. G. Alabaster, K.C..to have effect retrospretively! In my

that the amendment of 1924 is intended general idea of your co-partner was instructed by Mr. C. A. S. Rass, repre- opinion it does not. As I read the open-of your ideas express in print-Bere ness said that the money was handed over

that this was not a prospectus, but one sex the appellant (the tenant), and ing words of the section 401) which age the witness sailed, Mr. Eldon Patter. K.C.. instructed by found in the first Rents Ordinance of It put it to you that you caused the later the witness corrected his statement Thy the boy's uncle to the girl's uucle. Mr. Macnamara, appeared for the 1921, they do not agy at all to a notice prospertas to be printed without the and said the money was paid over by the

espondent (the landlord).

given under the Ordinance which is a knowledge of Mr. Shoffer and Mrhov's elder brother. good statutory notice at the time when Wickershan, and that they knew nothing it is given. They appear to me to be about it until it appeared-They did directed

primarily to Compon Law or know about il. o contraetaal notices of whatver date." They would, of course, cover a notice purfcating to be statutory which did not eruaply with the existing law, that is to say with the enactment in force at the time when the tire was given they innot be deemed to govern a notice, good initially som to render it subsequently - Counsel: You did not come South invalid. If the Legislative body had de at all! You to Singapore, for instance !— sired such a result it would have been a No. simple matter to make its intention claws.

INTTUNA DENIED. i perinat

nable construction of the Ordines, think that the appellant's contention fails and the appeal should be dismised with costa,

His Lordship (the acting Chief Justice) delivered his written judgment fest and said: This is an appeal frute a decision of my own on the construction of the Rents Ordinance. On the point first taken before us-that the notier to quit is bad because it does not expire with monthly term I have nothing to add to what I have said at some length, in my judgment below,

The next point requires careful cou sideration. Section 1 of the Rents! Ordinance, 1999, is as follows the

Notwithstanding my notice to quit. „whether given befute or after the cou mencement of this Ordinance..

un

order or judginen against any tenait in actual occupation for the revyery

of possesion of any dunistic tenement

PUISNE JUDGE CONCURS. 3. Justice Uper Bull. in the course

for the ejectant of a team therefromf us judgment, said he saw no reason ganit be inade or given only, if : - The sub-sections which foll, six in pimber lettered (a) to (f), camerate the bonditions preecdent to the making of an order for possessione

to differ from the judgment of Mr. Justice impertz given in this netion in the Court below. He had had the advantage of reading the judgment which had just been delivered and agreed with it.

Continuing. Mr. Justier Dyer Hall said that although a Common Law notice to quit was Lovessary in paragraphs (a) to (e) yet there did not appear to him to

Do you know Chinese-A little. Can you read it ?-A littl Write it --A very little. Counsel proceeded to question the witness as to his movements betweed 1914 and 1919. Mr. Bohn said he was in Shanghai,all the Lisur.

་

I believe you proposed to interest" a member of a big shipping line in the Company ?—Yes.

Examined by his lordship at some length, the witness said be bal known of other cases in which small Hakka girls had been betrothed.

Asked to give further details, witness 'said the betrothal gifts ranged from $10 tu 820. He knew of six or seven cases' at $10, three at $15 and three or four at

$1,000 BETRUTHAL DIFTS UNHEARD OF. 2 Hi Lartishi-Das ween paid over ? No, I have never seen or heard of out up to the present.

+

In the cases you have told us gisaat did any of the girls die before marriage.

Yes, one of them. She was a distant cousin of mine. I took no part in that case but it was in the same village and when the girl died the case finished.

The boy's father can never ask for re- payment of the betrothal money -No. thes can never ask for repayment.

Was be an ex-Captain of the Bade Capt. Lauterbach-Yog."

Did you ever have ideas of running ups loaded with arms and ammunition Canton, without touching direct to Hongkong ?-No.

Witness added that he had been asked

Ilis Lordebip then ordered the plain- to do so.

Have you recently, within the last tiff to be recalled, and Mr. Corke proceed.

asked a British firmi to imported to cross-examine bim. arms and amwanition, concealed in phonographs and pianos 7-No.

year,

In the case of each of the first five of these sections, (a) to fe), if the specified

Are you concerned in any way with condition he fulfilled in doubt a Common La notice to quit would be sulcicut.

the smuggling of morphine-No.

While you were in Bangkok did you The last sub-section () is somewhat anything from which the necessity for elaborate thas (1) the lessor must be such a notice could be inferred in para ever write to your son with reference to fide require possession for a specified graph, (e) of the sub-acetion, in particular the smuggling of drugs into Hongkong

Your son telegraphed to you to return purpose: (2) he shall have given three because provision was made in that or Canton -So.. inths utice to quit, stating in writing Paragraph for a statutory three months' certain matters; (3) prior to the giving notice to quit; which was in fnet three-Yes.

times as long as a Common Law notiee. of the notice he must obtain from the Building Authority a errtificate by a cer Lain gleet; (4) a copy of, this certificate is to be attached to the notice.

In the present ease the landlord had lly proceeded under Section 4(1) and had served upon his tenant a statutory wice to quit good and sufficient under the existing law. After the expiry of the notice and clore issue of the writ the law was amended.

A STARTLING RESULT.

Your son was acting manager in your absence-Yes.

Who appointed him 3-All of us.

The three months' notice to quit was of culiar type and afforded a further protection to the tenunt. In his opinion I suggest that he sent the telegram be. the intention of the Legislature was cause Mr. and Mrs. Shoffer had laid in- plain; that it should averride and take formation with the police that morphine: the place of the usual Common Law notice was being snuggled in the Company &

to quit. There was, further, he thought, reason, why it should be assumed in

off-No.

Are you aware that as soon as this the absence of express provision to that information was given to the police. all effect, that a statutory notice of this type the correspondence between you and should terminate bu any particular day your son was removed from the office

or date: The Legislature was supposed to do no: kdow. be cognisant of local conditions and to

Where is this correspondence1-I do

Did you ask the "new compratore to give you 600 1- No.

Nor Mr. Shoffer!-No.

IGNORANT OF COMPANY'S FINANCES.

By Orlante 1 of in the certificate of the Building Authority is to contain be aware that separate tenancies might not know.

I put it to you that the first thing the words and that such intended exist in a building owned by the same reconstruction is

It desifabic,"

islandlord, which would terminate many you did on returning to Hongkong was argued that the Reats Ordinance days, apart. There was force in Mr. Put to try to get $2,500 to get out of the having been al, initiu rétrospective inter's argument that the landlord who was Colony-No effect, this, new requirement can only be required to commence operations within read retroactively, and that notices under a month, would be hard put to it to do the old law are thereby constituted in- so in cases of this type. valid, and to order or judgmicut for the

17 NUT RETROSPECTIVE, recovery of possession can be made on

Mr. Nihill, re-examining on issues "Whether the Ordinance of 1921 is en. The resuit, of course, will be Sufficiently startling. A landlord having retrospective or not is a point of greater raised by counsel for the defence, naked "There is witness whether, if he had know the real served his statutory notice may have difficulty." his Lordship said. entered into binding contracts for the abundant authority for saying that no financial state of the company at the paling down and rebuilding the premises. statute is to be construed as having a outset, he wenld have considered the le may have covenanted to sell with retrospective operation, unless such a cou issue of the prospectus. The witness re- vacant possession on the expiry of the struction appeared very clearly in the plied in the negative, adding that he notice, Clearly if the appellant's conten- terins of the Act. I cannot see any im would not even have gone to Bangkok, tion is accepted the landlord might be put plication in the Ordinance of 1921 tous such a business as it was proposed to to great hardship.

indiente that "the Legislature intended it do there would not have been justified to be retrospective and the only words on so small a cupital,

The bearing was adjourned until in Section (1), as it stood after the 1024 aticnunions

alonday auron.

The general principle is stated by Mr. Justice in Hickson . Darlow, which

It a well known staten:

construed in that way are the words at the beginning of the Section.

Not-

Jaw on the construction of Acts of Parlia- ment, and especially when the rights and Babilitice of persons are altered thereby withstanding ang notice to quit, whether

that they are not to have a retrospective given before or after the commencement

"

STOLEN PEPPERCORNS.

operation tinless it is expressly so stated. of the Ordinance... These words must, I CARGO COOLIE GOES TO, GAOL

The judgment of Mr. Justice McCardie in Ilonskall v. Porter also states: "In my pinion the Act of 1923 must be consider ad in the light of the settled recognised and beneficent rule of law, that existing rights are not to be deemed to be destroy. ed by a Statute, unless there be express words or the plainest implication to that effect." The learned Judge proceeds: I see nothing in the Act of 1922 which compels me to give it a retroagestive operation."

(Vantinucid on next column.)“

think, he read as a whole and their mean- ing is clear as regards paragrapha (a) to (e) if read in conjunction with paragraph

Before Mr. E. W. Hamilton, at the

Kowloon Magistracy, yesterday, Tai (), which requires a special kind of notice Chau, a young cargo coulie. was charged to quit. I think the meaning is Not with stealing a big bag of peppercorns.

Inspector Bpear said that while the withstanding any notion to quit other than a notice under paragraph (0)': defendant was assisting in the unloading of cargo from the s.s. Cheng Tu, he was otherwise it would be-meaningless."

Concluding, bis Lordship said he con-

seen to insert a sharply pointed bamboo sidered that the appeal should be dis-scoop" into sacks of peppercorns and

fill a base with them... missed."

The acting Chief Justice then made an order for possession within 14 days.

When were these documents drawn up," asked Mr. Corke, exhibiting a ham- her of bright red papers?

Witness replied last year.

Are they dated -They are never dated. When was the $1.000 paid over -Ou Was it paid by cheque -In Cauton 20 the 4th day of the 12th moon cent pieces.

A thousand dollars' worth?—Yes. Witness went on to say that the money was paid over at his house at Wnichow.

Has he paid the money back to the boy's father Yes, it was paid back on the 20th day of the sixth moon.

Mr. Corke: That is since the issue of this case? Yes, I gave the money in the writ and since the last hearing of Hongkong bank notes.

What would have happened if the box had died before marriage-The money would have been paid back.

GIFTS VARY ACCORDING TO AGE What in the usual betrothal gift?--Fa the vase of poor families 880 to 9100; in the case of rich families it is sometimes as high as $1,000 to $2,000.

Do you know of any case of a relative where more than 50 has been paid- Yes, but betrothal gifts of 350 are for girls between two and three years old.

So it depends on the age of the girl?— Yes.

Does it depend on the probability of the child living ---No.

Why 850 then if she is two years of age, and more if she is six or seven-it de pends on the beauty of the girl: some girls may fetch as much as 23,000 to $4,000.

As concubines ?-Concubines as well as "If your daughter had died of small-pox the legal wife (the kit, fut wife); I presume you would have puid, nothing back?--If my daughter had died a natural death would have paid the money back. Did you ever insure against that pos Mibility -I did not, but some rich fami lies do.

When did you know that $1,000 was the limit of Summary Court jurisdiction in Hoogkong -I am a business man and I heard of it from a friend...

Later, Mr. Cerke asked; There is nothing about the return of the moder in these documents, why is that it is I suggest that is because the anoney is never returned in such cases-That is not so, the money has been repaid.

Can you give any other case where the money has been repaid 7-Yes; in the Case of the daughter of one surnamed

not necessary,"

His Worship paased mntence of three Mah. months' hard labour; :

(Continued on page 7).

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}

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THE CHINA DISPENSARY

32, QUEEN'S ROAD CENTRAL

WIRELESS MORSE CODE

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COLUMBIA RECORDS

(Part 1-ALPHABET, ELEMENTARY. 3262 FIGURES, EAST LANGUAGE.

3263-

3264

(PART 3.—MORE DIFFICULT, PLAIN LAUGATGE, HIGHER SPERD

FIGURES.

4-STOCK QUOTATIONS, Erc., HIGHER SPEED THAN

PART 5.

(PART 5-MISCELLANEOUS MATTER BIMILAR TO REGULAE

WIHELESS TRANSMISSIONS.

BUT MORE DIFFICULT, -CONTINUATION OF PART &

REPRESENTING REGULAR COMMERCIAL WORKING.

$5.00 PER SET (3 RECORDS)

AT

ANDERSON'S.

•Powell

12, Des Voeux Road. C

SUMMER SALE

OF

LADIES SHOES Commences Saturday, July 26th.

The whole of our Stock has been Greatly Reduced;

in many Styles below cost.

This Stock must be cleared to make room for Autumn deliveries.

2