The Archive · 1924

Another Alarming Proposition

Counsel emphasized the insecurity of title which would follow upon such an amazing construction being put upon the land regulations, especially in the matter of mortgages, and went on to argue that if persons claiming a transfer were proper assignees, the Consul must register them. He had no "dis~ cretion" in the matter. The Consul could not have been given the despotic power he was said to possess without a word being said about it in the regulations. Another alarming proposition put forward by the 'Mr. Potter went on to say that hie fully' appreciated the reasons put forward by Sir James Jamieson for not effecting the transfer of this land, but they were reasons apart from the law altogether, It might leognize" plainti "Company be good policy for him not to "re pending settlement of the dispute between the British and Chinese but it was absolutely His Lordship thanked counsel for the able manner in which the case had been set before the Court, and reserved judgment, POIGNAND DIVORCE CASE, First Instance Under New Act. in Shanghai: Mrs. Poignand Granted Decree Nisi Mrs. Lena May Poignand was granted a decree nisi by Judge Sir Skinner Turner in H. M. Supreme Court on Tuesday, dissolving her marriage with Thomas Edge Poignand, both of Shanghai. Mr. Tycho Wing appeared for petition fendant was not represented and the ease was not contested.

Mrs. Poignand told the Court that the marriage took place it] Shanghai in January of 1917. She Jand her husband lived together till October of 1923, when they parted He was born in Shanghai of a British father and a Japanese mother. He had mover been to England and to the best of her knowledge had no business interests over there, or relatives. With the exception of an occasional trip to Japan she did not think he had ever left Shanghai, father had owned Schiller & Ca., Shanghai, but he had since left this port for the Straits Settlement and handed the business over to hor husband, his. son, This concluded evidence of domicile, the Judge stating that ho had a certain amount of personal knowledge of that side of the matter, Mr. Tycho Wing said the case was quite a simple one. He reminded his Lordship that since the introduction of the now act it was quite sufficient to allege and prove adult tery to obtain the decree, and therefore he had raised no other question on the petition, The Judge—This is the first ease jwe have had under the new act is it not?

Counsel replied that he believed it was, and went on to read the act, dated July 18, 1923, which stated that all it was necessary for the wife to prove in order to obtain her decree was adultery on the part of the husband since the celebration of their marriage, and since the passing of the act, always provid-Ing the wife's own conduct in the meanwhile has not been such as to the withdrawal of these] Si Mr. Wing went on to say that the adultery alleged in the petition ocfeared in September of this year.

The Judge: This is an impor ut lease, for as far as T am aware is the first in which the new act Jeomes into this Court at all. It puts the sexes on the same footing misconduct on either side is sufficient ground for divorce.

Mrs, Poignand then continued her. evidence. She described how her} husband left her last October, she handed in an agreement to. the Court drawn up between them, whereby he agreed to pay her $200, month towards the support of their children, two little girls. It had always been extremely difficult for her to get that money, and for the last five months he had paid her nothing. In September she recei Jeertain information concerning her husband, and on the 15th of that month yin company with two women friends, she went to No. 210 Chengtu Road, where she understood her

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