1928-05-31 — Page 2

THE HONGKONG TELEGRAPH,

MAGNETIC VALUES

GREAT

SUMMER

PRICES YOU CANT,

Sales

SPECIAL BARGAINS

on a big lot of latest styles.

Hats..

from $3.75

Vests

.. 3 for $1,10

Handbags

RES

THURSDAY, MAY 31, 1928.

Raincoats Stockings 2

Pro.

from $8.50 for $1.00

95cts.

up.

from $3.75 Gent's Ties

up..

Many fancy goods-all marked down at

Clearance Prices.

STYLES"

"ELITE

A.P.C. Building,

Columbia

New

RECORDS

Wonderful PIANO Records WILLIAM MURDOCH

- BEETHOVEN SONATA PATHETIQUE IN C. MINOR (2 RECORDS)

SONATA APPASSIONATA IN F: MINOR (3 RECORDS)

FIVE RECORDS COMPLETE IN ART 'ALBUM.

THE ANDERSON MUSIC CO., LTD.

For the Beat

LOCAL VIEWS

PORTRAIT

MEE

Studio, Ice House St.

and

PHOTOGRAPHS

Go To

CHEUNG

Branch 7, Beaconsfield Arcade.

Telephone C. 2432.

CANTON BOYCOTT.

MOVES.

SEVERANCE OF RELATIONS WITH JAPAN.,

At a third meeting of the ment- bers of the Committee of Severance of Economic Relations with Ja- pun which was held on the 28th inst., says the Canton Gazette, twelve measures were adopted. A circular notice was nccordingly issued, promulgating these mea- suren for the guidance of the pub- lic which is as follows:..

(1) Refusal of acceptance or clr- cuiation of Japanese bank notes, withdrawal of all de posits from Japanese banks, and suspension of remitanco of funds to Japan.

(2) Stop the sale of goods to,

and purchase of sume, from Japan.

(3) Prohibit the sale of Japan-

ese goods.

(4) All goods ordered from Ja- panese merchants shall be stopped by cable advices while the orders of goods for which prlees have been paid and the shipment of which cannot be prevented shall be sent to the Commit- tee for Investigation, when such goods shall be chopped and numbered, and an ne- curate statistical account shall be kept. The goods shall be then released, but no further orders are allowed. (6) Remaining stocks of Japan- ese goods in ware-houses and shops are to be cheeked by representatives of the Com- mittee, and stored up after having been recorded. »

(6) Future orders of materials from Japan which are badly needed in this country may be allowed by the Committee according to the circumstan- ces of the case. No other transcations shall be per missible ithout first obtain ing a permit from the Com- .mittee.

1

(7) Wharfage coolles and nex-7

men shall use their best of- forts to conform to these

BANK'S $1,000 CLAIM

FAILS.

IMPORTANT JUDGMENT ON TENANCY RIGHTS.

MR. WITCHELL'S CASE.

A judgment of considerable importance, dealing with the rights of mortgagors, mortgagees and tenants was delivered in the Summary Court yesterda" after noon by Mr. Justice Jacks, in the cane in which the Banque de Indo Chine, French Building, sued Mr. J. H. Witchell, manager

made. an

Early in March, 1928, the de- fendant having recouped himself out of the rent for the cost of the repaira left the premises, and shortly after the plaintiffs took possession, locked up the house and retained the keys.

Damages for Trespass.

WAS IN HOSPITAL ÖVER A MONTH WITH RHEUMATISM Nothing. Could Guro Him Until He Took

DR. WILLIAMS PINK PİLLS.

Mr. Alexander Beuthor, of 1111 The plaintiffs how sock to rem cover mesne profits from the do- Hanbury Road, Shanghai, is a fendant. Now an action for mesne marino engineer by profession, profits is an action for damages and has been serving on ships on for trespass (Dunlop y Macedo, the China const for the past 8. TLR.43). Has the defendant soventeen years. It was a very committed a trespass against the serious matter for him when acuto mortgagees? I do not think he rheumatism Incapacitated him has for reasons which will appear from work. Now, thanks to Dr. in the course of this judgment.

Williams: Pink Pills he is cured.. I will now consider the law on Mr. Beuther states:

"For more than a year I was a of the King Edward Hotel, for this question. It has long been

Bufferer from acute $1,000 mesne profits in respect of sottled that "when a legal mort- his occupation of Budree Villa,gage is excouted the mortgagee torrible North Point.

becomes the legal owner of the rheumatism. My feet and legs Mr. Justico Jacks hold that the mortgaged property and in the were so swollen that it was only bank, (the mortgagees) had not absence of express stipulation to with great difficulty I could move effective interference the contrary is entitled to imme-about. In bad weather the pains between the mortgagor and Mr. diato possession or receipt of the grew worse. The ligaments and Witchell, but had allowed the reats and profita, but until the joints of my left foot: were ad tenancy to run on. They had mortgagee demands possession or atiffly drawn that I could scarcely failed to set aside the tenancy and enters into the receipt of the rents bend the foot without groat suffer- therefore Mr. Witchell never and profits of the mortgaged pro-ing.

"I consulted a number of doc- became a trespasser. Judgment party, it is of the nature of the

transaction that the mortgagor bors and used the various medi- was recorded for Mr. Witchell.

Mr. M. M. Watson was for the should remain in possession and cines, ointments and lotions they bank and the defence was conduct such posession is rightful. (Heath prescribed, but all failed to bring

ed by Mr. D. L. Strellett.

Giving judgment his Lordship' sald:-

v Pugh, 1882, 6. Q.B.D.)..

It has also long been settled me permanent relief. Then I had that a mortgagor is not bound to treatment at the Shanghai General The plaintiffs in this action are account for the rants and profits Hospital for over a month, but this mortgagees and they einim mesnewhile in possession oven although also did me no good for when I profits from the tenant of their the security proves insufficient had taken 3 bottles I not only felt mortgager under a tenancy agree- (Coote on Mortgage, 8th, edition, much better in my feet but all over my entire body. So 1 con- ment made after the mortgage. P.689)..

In this case we have to consider tinued with the treatment until Much legal argument has been put forward by both sides and a tenancy created after a mortgage the Rheumatism had disappeared there can be but few aspects of in which no right to grant lenses entirely, I am now, able to walk the case to which my attention or create tenancies has been re-freely and without pain. Besides has not been drawn, but the evid-served to the mortgagor. Such this, my health has been fully re- ence given in the case has been reservation would appear to be

mengre.

I have listened to the argument with careful attention on account of the serious consequences a case like this might have for mortgagees and tenants.

stored."

necessary hero because mortgagors As a remedy for rheumatism, have no statutory powers of even in its most severe and lensing as they have now in Eng chronic forms, Dr. Willlama Pink land. We have, therefore, to con-

sider further what is the position Pills for Pale People are famous at common law. This was decided throughout the world. Their re- The main facta are these:-In long ago in the case of Trente vmarkable record of cures is due to April, 1924, one Weng Mang-wai Hunt (1863) 9 ex-cases, when the fact that they eliminate the mortgaged Inland Lot No. 1721 Baron Alderson said that "Where poisons which cause rheumatism/ together with the buildings etand-a man in actual possession of from the blood and at the same ing thercon known as Budree Villaland mortgagea it and afterwards time strengthen and build up the. Chemists every- to the plaintiffs to secure banking demises it to a tenant at a rent, whole system.. facilities, the mortgage deed did the demise is absolutely vold as where sall Dr. Williams' Pink not reserve to the mortgagor the against the mortgagee, but never-Pills, or sent post free, $1.50 per right to grant leases or create theless it is good as between the bottle, $8 for 8 bottles, by The Dr. tenancies.

mortgagor and his tenant until the Williams' Medicine Co., 60, Kiang-

In March, 1927, Wong Mang-wal, mortgagee.interferes and the mort- se Road, Shanghai, the mortgagor, let the house gagor la entitled to receive the Budree Villa to the defendant, the rent for his own absoluto use and

Effective Interference.

4711

[Charmaine, Ceat Yous

terms of the tenancy agreement distrain for it in his own name if RECORD HITS. being that the tenant should carry not paid when dus. out certain repairs as reasonably as possible and recoup himself out of the ront at the rate of $125 Did the mortgagees interfere in per month,

this case and, if so, did they inter- 4710 The mortgagor made default fere effectually? We have been under his mortgage deed early last told by the defendant what took year and the mortgagees then place at the interview with the 4720 became entitled to enforce their plaintiffs' manager in November

remedies.

Mr. Witchell's Evidence.

(When You Played the Organ.

1 Whispering Pines.

You Dont Like it.

Dow Daw Dewy Day.

Alot Sha Sweet. Dreaming.

Hallelujah.

Do the Black Bottom,

last. If the manager was fully acquainted with the particulars of 4645 the tenancy prior to that inter- The defendant stated in his view I should have expected him

4669 {Gonna Get a Girl, measures in order that Ja-evidence:-(a) that the first com-to tell the defendant exactly what "panese goods cannot be inmunication he had from the mort-attitude the plaintiffs were going

gagees (plaintiffs) was in Novem-to adopt. They had two alterna- 4070 Half a Moon ported into Canton,"

ber, 1927, when he received a tives, either to tell the tenant he (8) Should any trouble arise letter asking him to call and see must go or they would eject him,

owing to dissatisfaction of a their manager. (b) That he went or else to arrange a new tenancy 4726 merchant of any guild to- wards the decision of the at once. (c) That at the inter- with him.

view the manager asked him what Committee,

by the Arbitre shall be made by the Arbitra tion Committee.

If the manager was not

(Charmalne, (Organ Solo.) Russian Lullabye (" ") (Because I Love You. (Organ,)

in a Little Spanish Town.

Monastery Garden. (Organ.)

1 Lavo's Old Sweet Song. ("?)

„Souvenirs. Organ.

1 Leonora. (")

as possible TSANG FOOK PIANO

the terms of the tenancy were and acquainted with the particularly 4612

was informed what the position the tenancy before the interview wan. (d) That there was no sug-took place I should not have been

4011 (9) Fines for smuggling Japan- gestion that rent should be paid surprised had he then refused to cae goods shall be kept for to the mortgagees. (e) That the state what course he proposed to the use of the Committee and mannger asked the defendant if he take, but I should expect him to 4747 for charitable purposes. would stay on longer at the same inform the defendant that he (10) In adopting these measures rent, which the defendant refused would consider the position and let

peaceful and calm methods to do unless further repairs were him know as soon shall be employed. Suspen- done.

what he would do in the matter, sion of trade or strike is This account of what took place What did the manager do after deemed unneccessary as this at the interview was not disputed learning full particulars of the has effect on public peace by the plaintiff nor was the tenancy? He did not tell the de- and foreign relations.

manager called, Nothing more fondant he must go and the de- Members of the Investiga- seems to have happened until the fondant has told us that there was tion Committee shall be middle of January, 1928, when an no suggestion that he should pay The selected and nominated from accountant from the compradore's rent to the mortgagees. among the members of the department of the plaintiff's bank defendant was asked if he would organized bodies of labour called on the defendant and stay on longer at the same rent era, students, merchants, and asked for the rent when the de- which he refused to do unless fur- the Kuomintang organs. All fendant said "That's all right, Ither repairs were done. matters áre to be publicly have seen your manager about What Inference must be drawn discussed in order to avoid it." This accountant appears to from this? There is no evidence malpractices.

have called on the defendant on that the mortgagees intended to People of all classes shall several occasions in February and interfere then but rather that they be notified to cease buying March but got the same reply or intended to allow things to go on Japanese goods.

something to the same effect.

(Continued on Page 12.)

(11)

(12)

COMPANY

8, Des Vœux Road, C. (Entrance Ice House Street,) Telephone C. 4648.

THE NEW FRENCH REMEDY,

THERAPION NO. THERAPION No. 2 THERAPION NⱭ.3

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Loss

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often leads to extreme weakness, aven consumption. SCOTT'S Emul sion builds the body, enriches the blood, aids digestion and leads to increased weight and better health. Ask for

SCOTT'S Emulsion The protector of life.

$ALESMAN $AM

FLANNEL

CALICO CAKES "LOUR SPECIALTY

HOOPLE'S

BOARDING]

HOUSE

MALK

ORDER

HECK,"TH' DOOR'S) LOCKED AN' MY KEY MUST BE IN TH' RIVER! I AIN'T GOT IT,

ANYWAY

Camo in Handy!

OH WELL, I KNOW WHAT

I'LL DO AN' IT'LL

PLEASE GUZZ „TOO,

ILL BETCHA =

I'VE BEEN WAITIN' FOR YA TO BAWLYA OUT! THREE MONTHS AGO YA BOUGHT A RAFT O'HAY AN' IT'S STILLOUT IN "TH' WARE- HOUSE=NO USE BUYIN' STUFF UNLESS YOU'RE GONNA MAKE USE OF IT !!

'NOT SO FAST, GUZZ- "I HAVE MADE

USE OF IT-

By Small

·I SLEPT IN MIT LAST,

NIGHT!!

• HATS

TO FIT HEAD

LETTUCE

1SOLD