1931-01-23 — Page 11

STJANSHIP

IMI

THE EMPRESS ROUTE

Shortest and Quickest ORIENT-AMERICA-EUROPE

SERVICE PAR EXCELLENCE

SPECIAL THROUGH FARES TO EUROPE

£120 £112 £83 Canadian Pacific representatives neet all steamers at all ports of

call to assist passengers.

Railroad, Sleeping Car, Hotel and Steamship reservations arranged at any Canadian Pacifir Oflice.

CANADIAN PACIFIC WORLDS GREATESETRAVEL SYSTE

THE SWEDISH EAST ASIATIC COMPANY, LIMITED.

SERVICE OF FAST MOTOR VESSELS

twit Lamited, birt axceptionally good, passenger accommodation).

Loading Direct For

GENOA, ALGIERS, ORAN, ROTTERDAM, (AMSTERDAM). HAMBURG, OSLO, GOTHENBURG AND OTHER

SCANDINAVIA PORTS.

'8.8. "CEYLON"

M.V. "SHANOTUNG"

M.V. "FORMOSA"

M.V. "NANKING"

M.V. "NAGARA"

Also calling at Lisbon & Oporto direct.

SHANGHAI AND JAPAN

8.8. "NIPPON"

Passanger Rates Hongkong to Europe

Sailing about

30th January.

28th February.

31st

March.

30th

31st

April. May.

PORTS.

Sailing about 2nd February.

£60.

For further paticulars, apply to the Agente:— GILMAN & CO., LTD.

Hongkong.

G. E. HUYGEN

Canton,

GLEN LINE.

PARE HONGKONG TO LONDON.

1st June/30 November...

1st December/31st May

3.

£65.12.00. £82.0.0.

TO LONDON, ROTTERDAM & HAMBURG vla STRAITS & COLOMBO,

Motor Vossel GLENAPP" Via Oran)

12th Fob.

Steamship "CARNARVONSHIRE"

24th Mar.

Motor Vessel "OLENLUCE'

23rd Apr.

TO SHANGHAI, KODE. YOKOHAMA & VLADIVOSTOCK.

Motor Vossel "GLENAMOY"

2nd Feb.

Steamship "CARNARVONSHIRE"

13th Fob.

Motor Vossal "GLENBEO"

27th Feb.

Motor Vessel "GLENLUCE"

16th Mar.

For freight, passage and further particulars, apply to

JARDINE, MATHESON & CO., LTD. AGENTS: THE GLEN LINE, LTD.

BLUE STAR LINE

FAR EASTERN SERVICE. Regular Monthly Fast Freight Steamors. Rofrigerated and general cargo. NEXT SAILING.

S.S. "CELTIC STAR"

ou

FEBRUARY 9th.

for

LONDON, ANTWERP, ROTTERDAM, -

HAMBURG & LIVERPOOL.

For freight and further information apply to:-

DODWELL & Co., Ltd.

Queen's Buildings.

Agenta.

Telephone 23G81,

THE HONGKONG TELEGRAPH, FRIDAY, JANUARY 23, 1931.

CHINA'S CIVIL CODE.

NANKING COURT NEVENSES JUDGMENT.

STEAMSHIP FARES.

N.Y.K. TO MAKE A CUT IN EUROPEAN RATES.

A very important and far-reach- The Nippon Yusen Kalsha contein- ing judgment has just been render-plates lowering the first cines passen. ed by the Supreme Court at Nonger faro on the European line in order king, reversing the judgment given to attract passengers. The new rates by the second branch of the High will probably be enforced from July Court for Klangau, at Shanghai, in

this year. According to one report favour of the tenants in the action the reduced fare will be in force in

acason, namely, July entitled "Dah Lung v. Lohfong et al," the slock and remitting the case back to the

December while during the rest of the Shanghai Appeal Court for re-trial year the present rates will operate, on certain vital points.

It will be recalled that considerable interest was evinced by property owners, and others, having to do with real estate, in Shanghai, in the case, nare commonly known as the Nank ing Road Tenants' Care, which was brought some months ago by a num ber of tenants of property silunted on Nanking Road, between Fohlen and Isaing Fonghung Roads, against the

awnere of nume.

The cane was one in which a large and wealthy Chinese trading Com- pany-The Great China Company, Lidl-with capital of over $3,000, 400, had nequired from the owners

of the property a lease, and being desirous of building on the site a mammoth emporium for wholesale and retail general business, caurud the owners to give to the tenants, who were tenants al well. a210 month's nolice, Action was brought by the tenants against the ownerA. who claimed that they were entitled to twenty years' tenancy, irrespective of whether there was a lease, or not. the ease in this instance, as the pre unless the premises were in a dilapi- elated condition and, further, that then

owners could not evacuate them from the promises, unless sam were ry. quired for their own personal use, which, the tenants contended, was nut Wert required for third

In the result, judgment was given against the tenants in the Court of First Instance, which judgment was promptly appruled. In the Second! Branch of the High Court for Kiangsu, ut Shangbai, in which the Appeal was duly heard, the Lower Court's devision was duly heard, the Tawer Court's decision was reversed mainly on the ground that there was a custom in Shanghai, in favour of the tenants' proposition.

parties,

An Important Decision.

The Judgment of the Sopreme Count, now, boids that the contention of the tenants, as regards the alleged

custom, ot being supported by farts,

tu

The extent of reduction is not re- Anitely decided on, but in competition with the Siberian railway, on which the first-class fare to European points is about Y742 in Japanese currency, the first-class fare for the C-elnes on the N.T.K. European line will be reduced from the present 07 to £81. According to the accommodation pro- vided. the first-class fare is divided into the A, B, and C., it in intended that the reduction should be made

on the C. fares.

The same shipping company has niso in view the reduction of the first- class passenger fare on the Austra tan line. In this connexion, negotia tions were held with the Eastern and

Australian Steamship Company and the Australin Oriental Line, and it had been practically agreed among these companies that the return first- clans fare between the For East and Australia should be reduced by about 30 per cent. and the single fare by 25 per cent, when one company entered protest. Although the matter is unsettled, a reduction will be carried ott Moner or later on thin line also,

As regards the San Francisco line it is considered that there is no room for further reduction, though some reduction is

expected in the paenger fare.

ຕ

HEALTH SERVICE.

AMERICAN TO ASSIST CHINA

extra

New York, Jan. 22

CONSIGNEES' NOTICES.

THE BEN LINE STEAMERS, LIMITED.

From LEITH, MIDDLESBRO', ANTWERP. LONDON and STRAITS.

The Steamship,

"RENALDER" Consignees of Cargo, are hereby informed that all Goodà are being landed at their risk into the hazardous and/or extra hazardous Godown of The Hongkong and Kowloon Wharf & Godqwn Co., Ltd., whence, and/or from the wharvon may be obtained.

No claims will be admitted after the Goods have left the Godowns, and all Goods remaining undelivered after the 25th January 11 will be subject

to rent.

All claims against the steamer must be presented to the Undersign- ed on or before the 8th February 1981, or they will not be recognized.

All brokan, chafed, and damaged Goods are to be left in the Godowne, where they will be examined on the 24th January 1931, at 10 a.m.. by Measra. Goddard and Douglas,

No Fire Insurance has been effect- ed.

Bill of Lading will be countersign- ed by,

GIDH, LIVINGSTON & CO., LTD.,

Agents. Hongkong, 18th January, 1931.

SERVICES CONTRACTUELS DES

MESSAGERIES MARITIMES.

The Steamship,

"PORTHOS"

Arrived Hongkong on Tuesday, the 20th January, 1931. From MARSEILLES, &c. Consignees of Cargn by the above named steamer are hereby informed that their goods with the exception of Oplum, Treasure and Valuables are bring landed and placed at their rink in the Godowns of the Hongkong Kowloon wharf and godown Co, Ltd., Kowloon, whence delivery can be obtained as the goods are landed.---

Good rint cleared within 7 days including date af arrival, will be subject In rent.

All claims must be sent. to the Mr. William Wrdey Peter sails undersigned before Thursday, the 20th in February in response to the in-January, 1931, or they will not be re- viation of the Chinese Govern-cognized. ment to organise a hygiene pro. prida a service.--Heuter's Ameri- can Servier

Mr. W. W. Peter is an American health educator. He was for many years the editor of the department

of preventive medicine of the China Mdical Journal. During the Great War he served with the Chinese Labour Corps in France and later became a member of the Chinese and Foreign Famine Sanitation Board and Director of the Coun-

cannot be upheld by the court, and. even if such custont existed, which the court doubts, it cannot be up held as it wout! be against "the pro grees of the city, and public welfare, The decision, thus, finally, renched, in of extremte importance, and being "res judicats" given an interpretacil of Health Education of China, tun of the new law promulgated last year by the Nanking gavarament, on the question of landlord and tenant.

He is a member of the China Medical Missionary Association.}

such custom must prevail" strictly speaking, means that a tenant can +37 dispossessed where there is no lenge, at any time, without notice, but there is a custom which requires the landlord to give a certain notice to the tenants, and that notice, being favourable to the tenants must be given, but, it does not, in any sense, confer upon the tenant the right to retain possession of the premises in perpetuity.

Damaged Packages must be left in the Godowns for examination by the consignees, and the Company's. Sur veyor Messrs:-Goddard and Douglas at 10.00 am. on Monday, the 20th January, 1931,

No claims will be admitted after

No Bre insurance will be effected by us in any case whatever.

R. OHI.,

Hongkong, 20th January, 1981.

the goods have left the Gotowns.

COUNT

Agent.

MUGXZDI

PAWKA

EXPRESS

SERVICE

BARBER WILHELMSEN

LINE.

THE PREMIER ALL WATER ROUTE TO NEW YORK and other U.S. Atlantic Ports via Panama.

All Vessel call at SAN FRANCISCO and LOS ANGELES en route.

Passengers desiring to travel, by this interesting route will find the accommodation provided well up to their expections, and at a cost most reasonable.

For Passenger and Freight information please apply :--

DODWELL & CO., LTD.

Queen's Buildings.

Agents.

Telephone 28021.

P. & O. BRITISH-INDIA, APCAR AND EASTERN & AUSTRALIAN LINES.

(COMPANIES Incorporated in ENGLAND) Taking Cargo on through Bills of Lading for Straits, Java and Burma, Ceylon, India, Persian Gulf, Mauritius, E. & S. Africa, Australasin, Including, New Zealand & Queensland Ports, Red Sen Egypt, Constantinople, Greece, Levantine Ports, Europe Etc.

PENINSULAR & ORIENTAL FORTNIGHTLY DIRECT ROYAL MAIL STEAMERS. (UNDER CONTRACT WITH H.M. GOVERNMENT).

5. 8.

COMORIN *KIDDERPORE "PERIM

KASHGAR

From Hong-

Tonk

kong (about)

Dostination

15,132 31st Jah. | Bombay, M'ler & L'don

5,334 5 Fab. 10 a.m. Straits, Colombo & E'bay 7640 7th Feb. | M'los, London, Hull, H'burg,

Rotterdam & Antwerp 9,005 | 14th Feb | Mlos, Lonđón, Hull

Rotterdam & Antworp 10,980 28th Feb | Marseilles, & London

9,135 7th Mar. M'les, L'don Hull, H'burg,

Rotterdam & Antworp 9.114 14th Mar. | M'los, L'don, Hull,

21st Mar.

10,919 28th, Mar. *Cargo only. Calls Casa Blanca.

MALWA #KHIYA

THE

+KHYBER

*SOMALI

RAWALPINDI

"TELEGRAPHS”

and then let us plan

your 1931

Advertising Campaign

In the civil code it is set out that tenancy without a fixed term, is n tenancy at will, and is, consequently terminate at any time, but, If there is custum in favour of the tenant, such ension

The inter- must préval!. pretation of the Supreme Court on this phase of the question is that such a clause does not mean that a tenant is to be allowed an unlimited period of tenaney, in lieu of a fixed tenancy, even if it was the custom, and the spirit of the law is shown clearly in another part of the civil rode, where it states that whenever a leuse is entered into for a period of over twenty years, such clause is null "It is therefore, necessary," con-produced in the Lower Court by the and void, according to Chinese Law, eludes the Judgment, "to re-try this Appellants. and the tenancy must be reduced to paint, and ascertain exactly what a period of not more than twenty notice is required to be given." The strictly years, an that it is clearly seen that Supreme Court, however, the authorities promulgating that Iwmits the enquiry of the Appeal never intemled that there should be a perpetual tenancy, so that the con tention of the tenante, in this case, that a tenancy without n xed term, is perpetual lease, la against the spirit and intention of the law.

The clause in question "where there is a custom in favour of the tenants

Required Notice in Question.

CIRCA

Court to obtaining information from, (1) The Chinese Chamber of Com. merce, and (2) Such actual

occurred in Shanghai, which have bearing upon the matter. e.g. The Sincere Company: Wing On Company,

Shanghal the

Commercial and Savings Bank, etc., facts which were

In the meantime, and while the Ap peal was pending in Nanking. The Great China Company, Ltd.. the former lessees of the property, pur- chased sume outright from the owners for the wam of over Tls. 1,500,000 thus removing one of the grounds upon which the tenants refused to vacate, and it would, therefore, seem that there is longer, now, any reason for the tenants further obstinacy in the matter.

THE HONGKONG & WHAMPOA DOCK CO., LTD.

TELEGRAPHIC ADDRESS "MANIFESTO", HONGKONG.

Codes Used A1, A.B.C. Fifth Edition, Engineering First and Sucond Editions.

Western Union and Watkin's. Marconi.

Dock Owners, Ship Builders, Marine and Land Engineers, Boiler Makers, Iron Steel and Brass Founders, Forge Masters, Eletcricians.

S.S. "TAIPING,"

Passenger and Cargo Vessel Built and Engined at the Kowloon Dook by The Hongkong and Whampoa Dock Co., Ltd., to the order of the Australian-Orient Lino. Ltd. For Australia- Hongkong ServicD.

Please address enquiries to the Chief Manager---

R. M. DYER, B. Sc., M.L.N.A., Kowloon Dock, Hongkong,

Rotterdam & Antwerp M'les, L'don, Hull, H'burg, Rotterdam & Antworp

| Marseilles & London

Frequent connections from Port Sai for Passengers and Cargo to Constantinople, Pyroua, Smyrna and other Levant by Steamers of the Khedival Mail S.s. Co.

TALMA TAKADA TILAWA

BRITISH INDIA-APCAR SAILINGS

10,000

6,949

7th Feb, 27th Feb,

S'pore, Ponang & Calcutta

S'pore, Panang & Calcutta

10,006

17th Mar.

S'pore, Penang & Caloutta

H. I. Appear Line steamers have excellent accommodation for lat and 2nd class passengers. All steamers are fitted with wireless and carry a qualified surgeon.

EASTERN & AUSTRALIAN SAILINGS (Sonth)''

NELLORE

TANDA

ST ALBANA

6.853

6.956

31st Jun. Manila, Rabaul, 28th Feb.

.4.500

1st Apr

Brisbane, Sydney

and Melbourno

Regular Monthly Salliage from Bongkeng to Shanghai and Japan and Hongkong to Australia

Hong-Kong to Sydney-19 days,

Frequent connections from Australia with the followings-- The Union 8.8. Co.'s Steamers to teh United Kingdom vis New

Zealand, Vancouver, San Francisco, etc.,

The P. & O. Royal Mail Steamers to London and

The P. & O. French Service of Steamers to London vis Suex.

The New Zealand Shipping Co. Steamers to Southampton and London via Panama Canal.

KHIVA MALWA

1 ALIPORE

TAKADA

TANDA

KHYDER

ISOMALI

TILAWA

SAILINGS TO SHANGHAI & JAPAN

9,135 | 27 Jan. noon. | S'hai, Moji, Käbe & Yoko 10,980 31st Jan. S'hai, Moji, Kobo & Yoko

1st Feb. Moji, & Kobe

5.273

6,949 8th Feb. Amoy, Moji, Kobo & Osaka 6,956 6th Feb. | S'hai, Mojl, Kobe, Osaka & Yok.

9,114 14th Feb. S'hai, Moji, Kobo & Yokoy

20th Feb. 8'bai, Moji, Kobe & Yako A 10,006 | 23rd Feb. Amay, 8'hai, Moji, Kobo & Osaka 16,619 | 28th Feb. S'hai, Kobo & Yoko ng 8,018 ST. ALBANS 4,500 KARMALA

RAWALPINDI

TALAMBA

RAJPUTANA

1Cargo only.

Gth Mar. Amoy, Moji, Kobe Osaka &'Yoko 6th Mar. S'hai, Mojl, Kobe, Osaka & Yoko, 9,128 14th Mar. | S'hai, Moll, Kobe & Yoko 16,586 27th Mar. S'hai, Koba & Yoko

All dates are approximate and subject to alteration without notice WIRELESS ON ALL STEAMERS.

Parcols Measuring not more than 24 ft. x2ft. x 1ft. will be received at the Co's Office up to noon on the day previous to sailing: For Passage Rates, Handbooks, Freights, etc., apply to

MACKINNON, MACKENZIE' &: Co..

P. & O. Bldg., Connaught Rd., C.,· Agents.

TRAVEL A.-O. LINE

Es AUSTRALIA. Calling at Manila (P. Is.). Thursday is. Cairos. Townsville, Brisbane, Sydney and Melbourne

British Steamers: CHANGTE: TAIPING (musukan)

PASTEST and MOST UP-TO-DATE STEAMERS IN THE SERVICE. DA ELECTRIC LAUNDRY, HARDER SHOP, SURGEON and STEWARDESS CARRIED. Enjay Your Short Leave in Australia' and New Zealand, Hong Kong, Sydney-19 Days

FIRST CLASS FARK TO SYDNEY, £95 RETURN

*

*

LONDON, (via Australia) from (141/or (Australian Newspapers on üles STHAWER Die Hong Kong. Leaves Hong Kong | Beaver Manda

OHANGTE..

February 13th

February 19th TAIPING.. Match 35th

CHANDTE

TAIPING......

Anrið 1916

Star 12sh

February 164

Marob 2012 Apri les

Mãe 19th

April 14th

ST 20

* Dus dydory

AUSTRALIAN - ORIENTAL

Mar 7th

Aprith

Blay Soth

Juan 75h

LINE, LIMITED

BUTTERFIELD & SWIRL, Apest =HONG KỐNG--SHANGHAI