September 9, 1901.]
reserved was due in equal instalments, in the seventh and tenth moons of each Chinese year There is, therefore, in the parol demise a reservation of a certain rent which may be used as evidence of the quantum of the damages which pla'ntiff may recover.
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CHINA OVERLAND TRADE REPORT. delivery of the goods within one week from and of their arrival in the Colony. In breach of the terms of the contract, the defendants, although called upon by the plaintiffs to take delivery in accordance with the terms to the contract, refused so to d, and repudiated the contract in its entirety. The plaintiffs, in consequence of the contract, re-sold the goods, and upon such re-sale suffered damages to the extent aforesaid. Mr. J. S. Harston, solicitor, appeared for the plaintiffs, and Mr. H. Hursthouse, solicitor, for the defendants.
The goods, it appears, arrived in the Colony on the 20th July-five days late as viewed in the terms of the contract, which indefinitely stated the time of arrival to be two or three months from the date of the contract.
Mr. Harston raised two points in this con- nection. First, he contended that the date of two or three months," was only a warranty, not a condition precedent.
But by Section 20 of Ordinance 18 of 1900, it is enacted that from the date of the coming into operation of that Ordinance, viz., 23rd July, 1900, no rent in produce shall be reserved in any agreement for the occupation of land in the New Territories, and that if any rent in produce is so reserved after the said date, then such rent shall not be recoverable in any Court of law or by any legal process or proceedings.
I am, however, of the opinion that this Section is not applicable to the circumstances of the present case, and that the agreement for the oc- cupation of the land, in respect of which arrears of rent are now claimed, was not a new agree-arrival, ment, reserving rent in produce, made after the coming into operation of Ordinance 18 of 19:0 which appears to be the meaning of Section 20′ My reason for this conclusion is that the evidence indicates that an estate for years was created. That estate may be an estate held from year to year, which is styled a yearly tenancy. This consists, in the first instance, of certain term of one year; but unless due notice to terminate the estate at the expiration of the year be given by either the grantor or grantee, it becomes, by virtue of the original grant, an estate for another year, reckoning from the completion of the first year; and thus a new year is continually added to the term as often as the previous notice which would secure (800 its expiration is omitted to be given. Edwards' Compendium of the Law of Property in Land, 3rd edition, p. 43.)
Further, the same learned author states at p. 89 that a tenancy from year to year is created, in some cases, by operation of law, and that a lease whereby land is demised at an annual rent, whether payable quarterly or otherwise, but whereby no term is expressly limited, impliedly creates a tenancy from year to year.
The present tenancy therefore does not come within the purview of Section 20 of Ordinance 18 of 1900, because it must be taken to have arisen by virtue of the original grant.
The plaintiffs, having established that the monetary value of the annual rent reserved in produce was $19.08, must have judgment with costs for twice that amount, viz., $38.16, being for the 25th and 26th years of the reign styled Kwang Hsu. They cannot recover for the 27th year, because their writ is dated 13th August, 1901. which is the 29th day of the 6th moon of the 27th year, and reut is not due for the 27th year until the 7th moon has expired.
It must be understood that this judgment in no way deals with the question as to how far (if at all) custom does or does not annex unex- pressed incidents to parol demises of land in
the New Territories.
Wednesday, 4th September. BEFORE HIS HONOUR T. SERCOMBE SMITH (ACTING PUISNE JUDGE).
HON. F. H. May v. Leung Kun Yau. Mr. Sharp argued at great length, and the Court reserved judgment, counsel intimating that they would prefer a considered written judgment.
Thursday, 5th September.
IN SUMMAry JurisdiCTION.
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Mr. Hursthouse, for the defendants, held on the other hand that the date was a condition precedent, and not a warranty, thus giving the defendants the right to rescind the contract.
The second point raised by Mr. Harston was one of time. the more important of the two in its general significance. He submitted that the plaintiffs in their use of the time three months," did not specify a particular date | for the arrival of the goods, simply about two or three months.
two or
Mr. Hursthouse took the opposite view, and argued that exact date was meant, with three months as the limit.
On the first point his Lordship followed the case of Chi Yuen v. Ebraham on appeal, and decided in favour of the defendants that the date of the arrival of the goods was a condition precedent. On the question of time he held that three months meant calendar months, and that 15th July was the termination of the period in which the goods were to arrive. Judgment was accordingly entered for the defendants, with costs.
SPORTING AND OTHER NOTES.
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I hear it has been suggested that the Race Club should take in a stretch of ground parallel with the road along the (North) East end of the Recreation Ground so as to make a better course for the mile races. A very excellent suggestion it is, and I hope the Committee of the Race Club will take it up and carry it throngh. As all race goers know, the start here for the mile is all on the turn and is just about as Ind a place for a starting post as could be found; in fact it is quite impossible to get a fair start there, and no trouble should be spared in making In taking in the a change for the better. stretch of ground referred to, no other games would be interfered with and all the Race dressing shed of the Football Club to join the course. The length of the Recreation Ground is about a furlong, and with the additional 30 yards or so from the Recreation Ground to the course the mile can be got in comfortably. This will give the Club about as good a mile course as they could wish for.
Club have to do is to level a track from the
With so many walers in the Colony, would it not be possible to include a jumping competi- tion in the next Gymkhana?" Every one likes to see horses jump; men who have boon at it all their lives will turn round to see a horse take a fence. Many of these ponies will be found to be natural jumpers, and a pony measur
BEFORE HIS HONOUR T. SERCOMBE SMITH ing 14.2 is quite capable of jumping anything
(Acting Puisne Judge);
213
The Report and Accounts of the Cricket Club are out, and I think the Accounts might be made a little clearer by putting some of the items under distinot headings and working with columns instead of one. A few more details too might be givon in some cases, so that members may see at a glance how the money is spent. For example :-
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Refreshments. Tiffins ? ? Tea and Cake ? ?
494
$754.70
100 8851.70
Cricket. Cost of gear Less unused stock on hand?? 200 $458.39
$658.38
There is not much to be said about the accounts except that the item "Refreshments,” $854.70, is a heavy expenditure against receipts for entrance fees and subscriptions of 84,460, I take it that the tea and cake supplied to the fair sex does not amount to more than $100, which leaves $754.70 for tiffins. Great Scott! $754.70 for tiffins! If the greater part of this sum had been saved for It) years it would have gone a long way towards paying for a much needed new pavilion. It is all very well to entertain a visiting team, but to give free tiffins at the ordinary pick-up matches is placing a greater strain on the Club's resources than they can well stand-especially now when every dollar is wanted to put up a pavilion adequate to the size and requirements of the Club.
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a
I wonder when "Ping Pong "-will “catch in the Colony. The reason that it has not on
probably due to the fact done so up to date that there has been a difficulty in obtaining the game, but I understand that local firms
sent home some time since for havo consignment of boxes. I have no doubt that when once people are able to obtain the game they will be as ping pong mad as they are or were a short time ago at home in all ranks of society. It is a good game and one in which it ladies can compete on equal terms with men ; requires a keen eye and a delicate touch. For the information of those who may not yet have seen the game played, I suggest that the table should be from 8 feet to 9 feet long and the breadth anything from 4 feet to 5 feet; if played at night an overhead light is desirable.
Those of our friends at home who were for-
The
tunate enough to journey to Sandown to witness the Eclipse Stakes, saw probably a finish which was unique in the annals of racing. winner, Epsom Lad, owned by Mr. Kincaid and purchased from Lord Rosebery for 1,050 sover- eigns, was ridden by the South Americau jockey Gomes, and so fast did he travel that in the last part of the journey "he galloped out of his saddle" and his jockey rode a bare-backed finish and won by a head, keeping his saddle on the horse's back with his right hand-a truly wonderful performance. Jockeys of the present day seem to be able to dispense with saddles altogether, and the old-time idea of sitting down to ride is quite out of date so far as flat
VETERAN racing is concerned.
We have received from Mr. Mee-Cheung, photographer, two excellent representations of H. E. Tao Mu, Viceroy of the Kwang Pro- One photograph'is of H. E. alone, the vinces. other presents him with his son, grandson, and four attendants. Mr. Mee-Cheung went over to Canton to secure these portraits, and the results are exceedingly good. He also sends us an interesting photo of the Viceregal bodyguard af Canton. All three are pictures well worth preserving.
if it's a good one. Futher O'Flynn, who won the Grand National, was only 15 hands. It would BHEWA TOMES & CO. v. THE FOOK LEE FIRM. be quite feasible to put a swing gate on the His Lordship gave judgment in a case that exercising ring, a flight of rails, with a loose will be found of interest generally to traders top bar, a flight of bushed hurdles, and a wall in the Colony. Shewan, Tomes & Company, composed of wooden blocks could easily be put merchants, 14, Des Voeux Road Central, sued | up and removed. The objection may be raised | and enemies of pure happiness. We are din
the Fook Lee firm, 24, Hillier Street, claiming $766-9 for damages for breach of contract, the particulars, whereof are as follows:--By a con- tract in writing, bearing date the 15th day of April, 1901, and made between the plaintiffs and the defendants, the defendants purchased from the plaintiffs 660 kegs of wire nails at $6:15 per picul. It was a particular term of this contract that the defendanta hould take
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that the ground is too hard to jump, but these ponies come from a country where all the jump races are run on ground like iron, and it is very seldom they over break down. It is difficult to explain, but for some reason or other their legs and feet are far better than English horses. Such a competition would be an excellent test for the riders, and I think would be appreciated by every one.
The Japan Mail says with reference to the threatened Mormon propagandism in Japan:- Such "spostles" are corrupters of morality tinctly of the opinion that their preaching should be officially forbidden in this country. The Constitution guarantees liberty of con- science within the limits of law and order. but Mormonism is not within the limits of law since, according to the public admission of Apostola Grant, its preachers believe in the propriety of practice which is emphati- cally forbidden by the law.
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