1922-09-06 — Page 2

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NOTICE

W. S. BAILEY

& CO.,

LTD.

ENGINEERS

& SHIPBUILDERS,

KOWLOON.

HARBOUR REPAIRS

Call Flag "L"

Tegs. Barges, Light Draft and

High Speed Vessels and

Meter Craft.

Sule Agents for

"KELVIN MOTORS."

Works

Manage:

K2 Kr

STEAM LAUNCH FOR SALE

METALS

of ad kinds, especialis

for ship-

Building But engineering works. Celaplete -Turk.

Immediate delivery.

2-2

RequTM.

SINGON & CO.,

(Escalade: A. IN 188AD HING LUNG 7. Phone Ma

PIANO

FOR HIRE

at moderate Prices.

TSANG FOOK PIANO

COMPANY.

94 Wanchai Road.

PHONE #137.

MASSAGE HALL.

23, WYNDHAM STREET. |

MES. H. MORITA.

MRS. HAN INOKUCHI.

Tophut R. M

No. 21. Asbley Bexa. Roween. Bark of Star Theatre

Miss Tora Inokuchi QUALIFIED MID-WIFE Now it. Ashley Mead, Han Esek of 3 Theatre Telaphens No. KTH4.

MASSAGE EXPERTS.

HARRY FURUKAWA, AND K. SAKAL

19. WYNDHAM STREET.

NOTICE.

THE HONGKONG TELEGRAPH.

K-673 H.K. 4002

FOR HIRE

MOTOR

LORRIES

FREICHT

OR

BUILDING

MATERIALS

TAKEN 10 ALL

PARIS OF THE COLONY.

THE RENTS' ORDINANCE.

Interesting Judgment.

WEDNESDAY,

the Brat tenancy of the defendant terminated or survived on the 11th January. It is admitted that, Jen the issue of the present writ,

Judgment was given by Mfr.he was not a trespasser. He wa

then a tenant in actual occupa- Justice Wood in the Summary

tion, having commenced his Court yesterday afternoon in the

tempy with the consent of the

test case brought under the Beats plaintiff, and as such may claim Ordinance, 1922, in which Ip Yuk-)

to retain possession of the dimes- kwong, merchant of 100 High Sttie tenemert en dus payment of Victoria, claimed possession of the appropriate rent.

defezdani,

In a recent case

premises and the amount of rent

in England due from Feng Hon-sam, trader, Schmit v. Christy," L. R. 1922, of 25 Centre Street Mr F. ERB at page which was con- Nash. solicitor, represented the cerned with the increase ol! plaintiff and Mr. F. G. Vaux the Rent and Mortgage Interest Res trictions) Act 1920" -10% and 11 George V. C 17. Section 3 sub- sections 1 and 2. the principle has been again affirmed that the standard rent attaches to pre imises although the

atual occupation may change. the Divisional Arton I stated:

In delivering judgment, with costs, for the defendant, His Lord ship said:

The

The judgment

art read by

tenant in

The plaintiff is the owner or house A 25 Centre Street, The defendant is in occupation of the second floor of this house. plantit claims for an arder for Possession of the second Houret is now settled authority Ilunder the Bents' Ordinance. 19 that the steauard rund is a rent

Ordinance 14 of 1922).

atertyped for the premises On the 11th January last the which the Act A application. defendant was the teannt and iThe Act operatie in reet and net actual occupation of the second

Mi- TILIK j- door. He was a monthly tenant

relut: n to the

DOMINION MOTOR‡

TRANSPORT.

145, PRAYA EAST ) 4002 K-673

PHONES

MING YUEN STUDIO.

14. Basers.-24. Arcade

Artistic photographs f.r,

all occasions.

Call or Phone No. 431.

JAPANESE MASSAGE.

ཡམ་

MAS. H. STGA -Mi-Fa-

20s. Flowers

NOTICE TO AMATEUR PHOTOGRAPHERS.

35% ake the ; COLOR Per met that AGFA'S ROLL FILMS about le sand which ras be bothe

BEST QUALITY AT MODER- ATE PRICE

MEE CHEUNG. Ice House Street, and Beuconsteld

Arcade

JAPANESE MASSAGE.

MBS TZUNOVE.

Vid. Floor, Wancha: Garage, 1, Praya East,Wanchai

A PODICURE AND

MANICURE

My N TruANA

' 'aku TtPtai

HONGKONG PRINTING OFFICE Fire Floor, Room 12.

FOR HAIPHONG AND HUIHOW,

the Roaring and Raighnos ever1

Alterante Buraday. The favourite DACHELPAS MUERTAS RAI-KUN

(Capt. Charles E Page.. Apply Ibos. Cook 451 Bosene 2 Hing Tsi. Ili, Wing Lok Birmet.

THE VICTROLA.

zotice

have

to

21 verbalequally true n the plaintif under

Fecal Ordinance. agreement, nar menta beng

The plaintif contends that the the adopted for calculation

changed the alterations Tenancy period. The standard

[budding completely, nut of al rent posable in respect of his recognition, with the result that tenanry was $34 per messer

under the Ordinance the domes- In September, 1921,

tic tenement now reupted by the issued by the Building Authority defendant should be classided as under the provisions of Secti

new and in no way km di with Elenith Pub Pub of the

coupled by the same Ur. the fecen.ent Builling Ordinance, 19-1

fast. It dinance 1 of 1990. was served Party in January up the plainti By this petice matenilen be wiseptol, then the the building was declared eXtent had partul dem dit n

11:

Standard

Can

The drst let

M:.

Lederent to take down the wa de af

dana wa.. and port....

Year

A New Building."

He then

The domestic

in v ded dar in

thee the Gaske Asta ring's wet- namely, Soc the default in „ppropriate

1- zone hum.

Nature of the Reconstruction.

The plot to teles

W. Barnett $2 126 1. T. 179. In that nude the own ri three nder that the instruc

dsel og

a bres

to the Bulang Autronity

each other ad made extensive t The del

alterato ne vai enlargment with Sundant queutted the premises in

Vonliner with "Het inverting the houses

into a fact t protest of any kind, wri

* did me

expressly any riants inder in tenancy Th: Prenses were then a.part pulled down und reconstructed plaintif

tions were mpleted the premises More demised as factory to a

&

q

trans to the annual rent or

frst

Both repti being paid in advance.

the

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1922.

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was

Sole Distributors.

S. MOUTRIE & CO., LTD.

the Da

in the 16th of Maja vertidente The artion was brought by the

REKLOK Pus ** was bound by the Building Au-deta thority under Section 204 of the extenɔtj. oqi je i poppbosings

and again. on appeal in the gives effect to the intention of More Divisional Court. In giving judg- the Ordinance to preserve the Paide Health and Balldings or coppas apn queues mou coming a domestic tenement, was

Hestrictions) A2, 1920," to re-added to the third floor. dinance, 1900k, that the premises,

Te-out in the Divisional Court, Sankey, status of the tenant. ewer from the owner the differ than half of the roof which has now become B "new

In the present case, however replaced. The kit J. Paid in mored und

said: It is not immaterial, s! bekleing" within the meaning of them between the

chers were placed in different see the nature of the work that extensive the reconstractions may the Unitates had teen built in them and the stusind

previous sit. os. The position of the curried out. Water was laid on have been, the premises continue amollance with the provisions of merly paid by

At altered.

to all three floors and sinks and to be of the same type and are that Ordinance. The house, there tenants in respect of the three staire.. fire, was in that day ready for uses. It was held by the Court fother and the building remains gas cookers were installed on each still designed for use, as former- Appeal that the Statute did not the same height, follows the same floor" in deciding that the rently, for domestic purposes, by a same of the undivided dwelling house separate letting of each floor, in The plaint & till poposed to apoy to the wadding as recon-line frontage and the

The front wall mas he apportioned, he said: To accordance with local This domestic tenement, the ter pod that as A separate trusted, un the ground that the falte Lundary.

ahold otherwise would lead to very On the 15tdentity of the 13 houses could facir. the street remains Tenement

inger be established after was.

The angle of the roof was strange results. One of the re-improved, has not lost ita identi * May, the plaintiff and the de

unchanged. The party wall divid-sults of holding otherwise would in any way. For this reason, in my opinion, the circumstances in ferdunt made a verbal agreement were converted into a factory.

ing the bone from the next house to that the landlord might the case bave more in common the plaintiff was for a monthly tenn trey agin

tain one or two rooms of the hust therefore, the fires letting of was unaffected. The premises are

thove I wish

in Woodward adoteva lunar month,

thi

bag and the rent pay still numbered before and are for his own use and let of the Samuels" than with the facts in domestie met wint. at a rental of

Teise, a jetill let out by floors for domestic remainder as a separate dwelling e under toe Bew

"Phillips v. Barnett." 804 per mensen. The tiray month's

at a greatly increased rent, al- though he would be Per was paid in advance under antar, was a standard rent

enable by thie, przement. The defendant le des abwww the limit of the

reason of the Act to increase the e under the door, again, with the

rent of the whole house."

Tivo

later

latin And

the

ver upation.

custom. though

Y

The Ordinance has protected The Intention of the Ordinance.

the interests of the lessor in two in deciding this matter I shall

ways. He may claim under Sec- fete guided by the judement of the

tion 14, an increase of rent beyond Subsequently of will here set vät

Divisional Curt in "Woodward v. of the

the standard rent, by an annual the defendant shamed that the wach show the suture

Summals" (1920) 80 L. J. K. B. amending Statute, the "Increase som equal to eight per cent. en Astructies andertuber. in Stoddard rent payable in January

dwelling of Rent and Mortgage Interest the amount (abere $500) expended lust still attacked to the domestice the premises. The work done all

312, as san almet sarfelent pomoment, for the end month

Inle

in that case i

bouw, one werpard as a when Bestrictions, Act, 1990" in Sec-by him on additions or improve

Loder Section 34, he may he tendered that amount with a bad ent.rey & Chinese tenes was futur divided into theme Halssion 22, sabesection f, provides as menta

The follows:-"This charnuter. which were separately iet.

Act. shall not apply on the ground of his excep voluntare addition calculated infent house of

under the apply to any dwelling house

tional circumstances to the Gov- Menabre with Section 14 of the The rear wall, the dark wall and action was brought

the interior wall were removed "Increase of Rent and Mortgage Feststructed by way of conver ernor-in-Council for an order ex- Rens Ordinance, 1922).

and re-erested. The foundations Interest War Restrictins) Act,sion into two or more separate and cluding his property from the

that 1915" 5 and 6 George V. C. 97), self-contained Bats or tenements." operation of the Ordinance. were carried down deeper

About Section 2. sub-section 1, 2, and 3. The local Ordinance contains no I find therefore, for the de- riginal foundations.

The plaintiff, a new tenant of one provision on parallel to this fendant. He has tendered the tie feet was cut off from the,

sk of the here to provide egen of the fats, clairard na apportion amendment in the English law. standard rent payable in respect. ment of the standard rent of the It is unnecessary to emphasise of this domestic tenement. The ace in accordance with the re-

irements of the Pubile Health whole nouse to determine the rent the difficulty of finding a principle plaintiff is not entitled to the 15. payable for his fat. The plaintiff to cover all cases. In general the order for possession which he has In the first place it seems to and Buildings Ordinance,

succeeded in the County Court Court will lean to the 'view which claimed. fe immaterial to enquire whether kit, it-elf capable

A Friendly Action. The present action was brought to test the legal validity of the defendant's contention. It is a friendly action and is, I am in formed, a test action for other parties.

CREEN ISLAND CEMENT

·COMPANY LIMITED:

PORTLAND CEMENT.

In Casks of 375 lbs, net.

In Bags of 250 lbs, net,

SHEWAN, TOMES & CO.

General Managers, Hongkong.

A

MARTIN'S PIOL & STEEL

1 for Ladie': PILLS

A Promah Konjho fan úli Trezgalerision. Chooses of bio stings help a bor of Martia's Pilk in the hauer, so that on the dret sign of any irraguineity of the Systema somary dose may be ad- ministered. Those who um „ŽOVÉ ZEROM- mend them, began their GROZITÍ VAIL. All Chamleta vad Starse ao!? them skzoughout the World, 29905 1900 kJ ». MARTIN, Chemist, Sonthamgaon, Sag

MARTIN'S

APIOL & STEEL

EL PILLS

DOINGS OF THE DUFFS

It Makes a Difference Who Uses Them.

DON'T CHER KNOW IT'S AGAINST THE RULES TO HAVE THOSE GLASSES ON THIS BEACH ? HAND 'EM OVER'

I WANT YOU TO KNOW THAT I PAID TWENTY DOLLARS FOR THOSE GLASSES!

DO YOUR KICKIN*

DOWN AT

HEAD QUARTERS,

BY. ALLMAN