1940-09-16 — Page 9

I

HONGKONG DAILY PRESS.

Macdonnell Road

Continued from Page 5.

June 27 defendant wrote to plain- tir's solicitors contending that under Section 7 of that Ordinance it was a criminal offence both for. a" landlord to ask rent in excess of the assessor's ågure and. Ir tenant to pay it. When the rent collector called an defendant early in July he was offered only $278 rent A letter from plain. tiff's solicitors followed informing defendant that He must pay $320 and that the ordinanca did not apply.

FINANCE & GENERAL

Case Judgment FRENCH POLICE CLOSE

premises in question were not let, Amendment Ordinance, could not furnished the Prevention of Evle tion Consolidation and Amendment Ordinance applied here.

NO ARGUMENTS

At the hearing of the case to arguments were produced in sup- port of this view and I was at first of the opinion that the Pre- vention of Passing On of War Property Tax. Ordinance applied to all tenements except dwelling occupied by sitting houses tenants (Le.. tenants on or prior to June 3, 1938), Further study of the two Ordinances has since satisfied me that there is substan tial merit in the contention.

Defendant next consulted his solicitors who replied to plaintiff's aolicitors letter to the effect that

I, therefore, wish to keep open the Ordinance did apply: that the construction of Section 9 of defendant had in fact overpaid the Prevention of Passing On of $126 (Le. $42 per month for April, war Property Tax Ordinance so May and June) and that all he that I may hear argument on it should pay in July was, $278 minus should it fall to me to consider $126.1.e. $152. In due course solici- any case under this. Ordinance in tors for plaintiff issued the pre-future. As it happens the correct- sent writ.

ness or otherwise of the conten- tion makes no difference to my decision in the present case.

Solicitors for plaintiff in the early stages of the correspondence

which

states

be assigned, and with this I agree. As the Sections in our Ordinance dealing with the rights sitting tenants are derived

authority on which one can rely. from English Acts there is ample.

of

In Gee v. Hazleton and others (1932) 1 KB. 179 at 182 Scrutton.

LJ. sald:-

"The difficulty with the Rent Restriction Acts was for

time a long

that neither Parliament nor the Courts were clear whether the Rent Restriction Acts were intend- ed to give a property to the tenant., which he could trans- fer to other people or whe- ther-and this, I think, is the view. now well established- they confer a personal pri- vilege only on the tenant oc- cupying the dwelling house." This is clear authority to show that the sitting tenant cannot assign his rights un- der that Ordinance.

NOT SITTING TENANT

CONCESSION

ROADS

CARS, PEDESTRIANS

SEARCHED

This Strange

World

Mother's milk is now frozen into wafers and kept for as long as a year in American institutions, It is thawed out to save prema- ture babies..........

appears la

The sight of barricades on the French side of Avende Edward VII and Foch, in Shanghai, gave The word “Selah" ground to many rumours on Sept the Bible seventy-four" timea, get 2, some thinking that these were it has never been defined' and no erected in view of the serious one knows what it means...... situation in Indo-China, where Mexicans have found a profitable the French colonial government use for old motor tyres. They has received an ultimatum from wake sandals from the rubber...... the Japanese for passage of troops An American family relatioris into China, and the effect it expert reports that the most an would have upon the French Connoying factor men find in their cession.

wives is that their wives talk too much, and the most annoying factor women find in their hus- bands is that their husbands talk too little......

ever developed by man is stainles

The most permanent material

steel......

A. bar of steel, cost only £1, yet

An African pygmy eats as many

•

as sixty bananas at sluzle

Working a typewriter for eight bours uses up more effort than

MONDAY, SEPTEMBER 16, 1940. -PAGE 9

SAY

Gordon's

...and know what you're drinking/

GORDON

DRY GIN

DISTILLERY LONDON.

NO COLOURING MATTER

NO INJURIOUS INGREDIENTS

that though the assignment was dated solicitor for the plaintif con-authorities to take a more serious digging during a similar period.. WOMAN OF 86 NURSES WOUNDED

41

NAILS USED AS MONEY

home with appendicitis, the Duke of Kent went there for

MINUTE SEARCHES Questioned by a reporter of the North China Daily News, a high official ridiculed French police these rumours and stated that these barricades had been put up had contended that the Ereven- At the hearing solicitor for the Having so held that the de- order to carry out more minute tion of Eviction Consolidation and plaintif maintained that as the fendant was not a sitting tenant searches of cars and pedestrians this same bar when made to Amendment Ordinance, 1939, bad (origina} tenant was A sitting adjourned the case in order entering the Concession. no application to the euse, later, tenant and bad assigned all that I might hear argument on Recent outbursts of terrortstic Watch springs is worth £2.000..... contended that the Ordinance did his rights under the un- the applicability of the Preven-acts against members of the apply. In support of this view expired portion of the lease tion of Passing On of War Pro-French police. the slaying and meal...... they quoted Section 8 of the Pre-to the defendant, the defendant perty Tax Ordinance to the mat-abducting of several prominent vention of Passing On of War Pro-became. a sleting tenant even ter In Issue. At the later hearing Chinese, have forced the French perty Tax that Ordinance does not apply to later than June 3, 1933. This case tended that though the Preven-view. of the situation. any dwelling house to which the should, therefore, be considered tion of Passing On of War Pro- Prevention of Eviction Consolida- under the Prevention of Eviction perty Tax Ordinance envisaged a

NO ARRESTS

tion and Amendment Ordinance Consolidation

and Amendment form of standard rent based on these barricades would remain on The same official stated that applied: as the Prevention of Ordinance, 1939.

the assessor's figure there was no the Concession boundary for some that Eviction Comsolidation and Solicitor for the defendant clear indication in the Ordinance Amendment Ordinance by Section maintained that the sitting ten-that the ordinary right of the days, and that these measures hand by forging 2 (2) applied to all dwelling houses ant's rights under the Prevention landlord to fix his rent by agree-would be retained as long as ter- Nails were

од an anvil

Signed photographs of three except those-les-furnished-and-the-for-Eviction-Consolidation and ment with the tenant had been or reigns-in-the-foreign areas of time in Scotland that they were London with wounds received in been her friends, and with whom

50 precious at one Officers of the BEF, back in generations et Royalty who_bave.

this city.

used as money......

Flanders, are going into a nursing she has stayed on the few ocos- He referred to Beale-Cardinal

Although no roads have been

When muk turns, sour it may home which was started for their sons when she has taken a holl- Rules of Legal Interpretation. 3rd closed by the International Settle not taste so good, but it has lost grandfathers in the Boer War and day, line the walls of the Edward- Edi. p. 385: "Statutes do not take ment Police, stricter searches were none of its nutritive value... in which, throughout the last war, fan, chintz-hung reception-room- away existing private rights ex- the order of the day, specially

Even before a dishonest dealer their fathers were nursed, writes of the home. cept by express words, or by plain after Tuesday's assassination of tampers with it, cow's milk is an Evening Standard" reporter.

This woman, who seems to have implication, or necessary intend-Mr. Liu Tsal-po at the Kin Hwa elghty-seven per cent water...... The woman who founded it and been endowed with perpetual youth ment." Section 7 made it a cri Restaurant in

Road The word calculate takes its still runs it is one of the most and strength, is as strict with the minal offence to demand the pay-Investigations are being carried origin from an old Roman custom. energetic personalities in England. young Guards officers now under ment or premiums, etc. as a con- out, but no arrests have yet been The Romans used pebbles, called

In her 87th year, she still has her care as she was with their dition of the grant, renewal or made.

an upright bearing and a down grandfathers and fathers before continuance of a tenancy. No sec-

right manner which are instant them tion prevented a landlord from.

the home is run. proof of the efficiency with which entering into "an agreement with

HONGKONG SHARE QUOTATIONS

STOCK EXCHANGE,

Buyers; Bellers

Bayer

SHAR BROKERS,... ASSOCIATION

SATURDAY -14 SEPT.

Bollers

Salca

Homtos

186 $400

8130

10 che.t

391

કા

*::

Bales Nominal

81315

Banks

H.K. Banks...

Do. (Col. Bag:)

£78

£67

Do. (Lon. Reg.)...

£81

Chartered Banks

£97

Mercantile Bkı. “A”.

£111/18-

$405

14

H.K. & K. Wharves...

*****

::

$1305

£72

£87

Ea

Ees

£11 1/18

taken away.

anyone whether an ex-tenant or not for the lease of premises at any gure irrespective of whether

exceeded what the

assessor

Foochow

H.K. STOCK EXCHANGE

Saturday, Sept. 14.

It is only since 1810 that ma- manufacture of nails. Previous to chinery has been emploved in the For Third War

date they were made by In Succession

31

"calculi in Latin, to help them count.....

The highest figure used by astronomers is a vigintillion which consists of a numeral and sixty- three serca......

Despite the fact that it has long been ridiculed by intelligent per- Beyond a small line of Govern-sons the world over, astrology to

In between WAYS she has nursed many famous people. Members of the Royal family have been her patients; King Edward VII, went into her

Solicitar for the defendant re-ment 34% Loan-1934 Issue-placed day is the most elaborately organ- lled on Sections 4 and 5 of the $95 a few Trams @$15.80 and zed of all superstition. In the tance. A giraffe neither roars Ordinance. Section 4 provides Ropes $5 interest in the market United States alone there are more nor whispers; It is voiceless... that 85 from March 31 no was lacking.

30-ct

it

$190 -$400-

considered a fair rent.

-

***

5 cta.

$150

$120

810

9100

$4.20

1++

[$18.85)

872

Mercantile Bks. "C".

Bank of East Asia...... $73

N. C. & 8. Brunks.

Insurances

Canton InsuTANCES.............

-Union-Jarurances..................)—–$400-

Underwriters

H.K. Fires... --~

Shipping

$120 Douglases

Steamboats.com

8100 Indo-Chinas (Pref.)...

$80

Indo-Chinas (Def.)...........]

36/10 Shells.....

$6.90 Waterboats

Docks, Wharves,

Godowns, etc.

84.15 Providents .....

H.K. Decks (Old).....

#18 H.K. Docks (New)........... $16

+Shanghai Dock.................... Mining

18/0

Kailans...

$9.55 Ranba

(1) cts. Hong Kong Mines.....

Lands, Hotels and Buildings

#12

H.K. & S. Hotels....... H.K. Lands............ Do. 4% Dobentures. Shanghai. Landa.................... H.K. Raalties..... Humphreya

$101 Chinese Estates.

841

Cotton Mills

Ewo (5.)

8182 ghai Cotions, (8.)....--

I

335

$3.55

$30 $301 #302

$160

$3.45

$7

.3

$15.65 $15.90

$271

ཚེ

894

$8.15.

!!!

###

landlord is to; demand an increase

of rent from his tenant in excess of the figure fixed by the asses- $100

xor or the Court. Section 5 pro-) 30/10

$6.00 vides that no rent raised since that date in excess of such figure Is recoverable from the tenant; and that any excess so paid by the tenant is recoverable from the landlord. ·-·

891

8351

15/0

CONTINUED BY CONSENT He argued that the Court should find the rent had been so raised: even though the tenant had been holding over until April 30 there had been no demand by the plaintin that he should vacate. He continued as a tenant) Dy consent.

If the Court, were to hold that this was not a case of raising of rent within these Sections then the

object of the Ordinance would be defeated and landlords could "give, their tenants notice to quit and, therefore, give them a new ten- ancy at increased rent...

One answer to this point is that

$3.55

$302

$100

124

$31

$7

$30+ 2210

Zoong Bings (8.).......

Wing On Textiles (9.)

$125

Public Utilities

the Ordinance nowhere preventa

+

$7.40

Peak Trams (old).....

EN

84

160

$60

sitting tenant) and obtaining a

Y'mati Ferri

0212

new tenant at a figure in excess

China Lights (0)......

B6 90

H

$37

8371

#37)

837

$17

816

#11

H.K. Tramways $15.80 15.80)

$3.70 Peak Trams (new).....

Star Ferries....re

China Lights (New)...

H. K. Electrica (Old).. H. K. Electricať New).... Macao Electrics (Old)

Macao Electrics (New)] Sandakan Lights.

Telephones (old)...... Telephones (new)....... S'pore Tractions (Ord.) -Industrials

$14.50 Cald., Macg. (Ord.) B.

Cald, Macg. (Prof.)8:

Canton Ices.......................

Cements

HE. Govt. EORDE

100% 4% Loan

(1934)

$12

#1

#5

H.K. Ropes

$95

31%

$95

91%

(1040).

Miscellaneous

Dairy Farms....

Entertainmenta

$1,60 Constractions (old)...

#1 Constructions (new)...

37.45 Lane Crawfords.....

Nanyang Tobacco.

$2.15 Bucerce

Watsons

35. Ch. G.5% 1925 ($da.

100;

#95

4+4

823

***

:

*

BUYERS Canton Ins., $190,

HK. Fire: Ins, $150, Providents, $3.95. Lands, $30.25. Realties, $3.25) Trams, $15.70. Yaumati Ferries, $21.50. Telephones (Old), $23.

SELLERS

Lands, $30.75.

Telephones (Old), $23.50. Cements,, $16.

Dairy Farms, $18.25.

BALES

H.K. Govt. 31, Loan (1934), $95. Trams, $15.80.

Star Ferries, $60. Ropes, $5.50.

HONGKONG

SHAREBROKERS

ASSOCIATION.

Volume of Business Transacted on Saturday, Sept. 14, 1940.

the landlord terminating the ten HK. Tramways, ancy (where the tenant is not a Ropes

of the assessor's igure, thereby passing on the War Tax to the new tenant.

200/

500

700

The total value is $5,910,00.

than 500,000 astrologers.......

In Japan broken dolls are not thrown away but are buried in the school playground every June with a Buddhist service......

There are at least 10,000 earth- quakes a year in the world......

World's yearly sugar output is 30,000,000 tons....

an operation on his throat.

ROYAL FRIENDS

11

The few rules which she has laid- down-about smoking and about visiting hours-must be kept,

There are 20 beds in the home. Each is full. And this woman, with all her long experience of fighting men, will tell you ahe has never

is theirs." seen a more dauntless spirit than

U.S. SECRETARY OF COMMERCE

The word. "alimony" means WASHINGTON, Sept. 14 (Reu- An ostrich roar sounds so much "meal ticket." It was taken fromter)-Mr Jesse Jones has been like that of a lion that they can- the Latin word "alimonia," mean- (nominated as the new U.S. Beore- not be distinguished at a dis- ing nourishment,

tary of Commerce.".

PRE-PAID ADVERTISEMENTS.

The following classes of advertisements are charged at the price given bèloro 1—— SITUATIONS VACANT.

HOUSES AND APARTMENTS WANTED.

HOUSES AND APARTMENTS TO BE LET. MISCELLANEOUS WANTS.

Announcements not exceeding 25 Words are inserted under this beading at a Pre-paid Rate of $1.50 for THREE INSERTIONS. If Charges collected, $2.00.

WANTED KNOWN-

ThatWE have an outstand- ing assortment of latest American $15.80 dresses for all occasions and price 5.50 to suit all purses. Call at "Vanity

Shop" (Lazarus) Pedder Street,

Experienced Book-keeper. Wants Students to form a class, Guaran-

Can it be sald here that the lord could have got immediate tee students to keep a whole set of landlord has demanded an in- crease from his tenant in excess the defendant

possession. Because he allowed books after completion of a course of the assessor's figure? No pro-pending the arrangement of new ticulars.

to remain on of a months. Fer Term, and Far- $3.85 vision in the Ordinance entitles a terms there may have been con- No. 462.

Please Apply to Box tenant to retain possession after stituted a-tenancy at will, but I

c/o H.X.D.F.: the expiry of his period nor does consider it a straining of lan- any Section prevent an order for guage to say that to such a case the recovery of possession being the landlord is demanding an in- made. In the Increase of Rent etc. crease from a person who is his (Restriction Act) 1920 by Section tenant.

50 ots

$16

85

$18.35 $6.65

$1.85

#3)

WANTED TO BUY

WE OFFER HIGH PRICES TO

5 the landlord's right to possess. lon is restricted and by Section are appropriate to cover cases diamonds, fades, etc. No holidays I ́hold that Section 4/5 and any amount of gold articles, 15 the tenant who holds over re-where the original tenancy is Apply China Buliding, 7th fear. mains entitled to the benent of subsisting and during that period Tel. 30727. Eurasia Gold Renning all the terms and conditions of the landlord demands an in- Co the original contract.

ORDINARY MEANING

crease. In my opinion they can-

not be stretched to cover cases

HOTELS

RUSSIAN CUISINE

MORE POPULAR EVERY DAY

METROPOLE HOTEL

FOR SALE

For Sale Fifty sets of Jubilee and Coronation Stamps ist day Cover. what offer? Please apply to Box No. 485 c/o The HKD.P.

FOR SALE

A selection of the best varieties of RELIABLE & TESTED

FLOWER AND VEGETABLE:

SEEDS

From

Messrs. Suttons & Sons, Reading, Messrs."Alles Bürgen & Co., Philadelphia

Sydney

If this Ordinance contained such as this one where the ten- similar provisions it would be ancy has expired and the landlord & silver articles. Diamonds, Jade

We pay high prices for all Gold Mesars. Arthur Yates & Co., Ltd, 220 clear that the expression "ten- being entitled to possession en-

ant" was being used in a special ters into sense. Le as including a persia ment.

#9

35

Ban

ZI.K. Wing On

$30

S'hai Wing On

$14"

Vibro Pling

***

8/9

Marsmans Inv. (Lon.)

81

W Powell.........

18alo to Bhanghai

4/0 Marsmans Inv. (H.K.)

and Gold dust. Apply China Gold

a new tenancy agree Refining Co. Pedder Building, 2nd

floor, Room 6.

who might be described as an ex- If I am right in this view it is. tenant. There is, however, noth-apparent that it will not be a dif- ing in the Ordinance to show cult matter for landlords to de- that the word "tenant" has ang feat the object for which this other than its ordinary meaning Ordinance was passed.

Wanted to Buy 2nd Hand Type- writer in Good Condition. Please

On March 31 the period of the I give Judgment, therefore, for apply to Box No. 464 c/o The lease had expired and the land plaintif for $320 and costs

HXDP

The opportunity of serving you will be a pleasure and your commands will have our beat attentiori

GRACA & CO. No. 10 Wyndham Street P. O. Box 626 Hong Kong.

TEA DANCES Tuesdays

Thursdays

Saturdays

Sundays

5 to 7.30 pm.

ENGRAVERS

FEI FEI & CO.. Photo Engravers

18, Cochrane Street Telephone No. 22224,

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