Mr. Mullins, giving judgment, said that the only hope a husband had under these circumstances to avoid an order was to bring out any forts o show that it was the wife's wilful neglect which led to the adultery. had to satisfy himself that there w no act of collusion. which meant, in ordinary everyday language, that the husband and wife might put their heads together to obtain the necessary order. This was his first case In which he had to make an order for adultery alone under section 11 of the new Matrimonial Causes Act 193.
In view of the evidence during the hearing of the original summons for desertion, the husband, did not now ask for an adjournment, and he, for a period of nearly three months had been living in adultery with the woman named. The divorce law. unlike the law hitherto administered in that court, did not know any defence in regard to adultery based on the offer of recohabitation. T might seem strange, but it was so. and, that fact remaining, he wes bound by the law. Adultery, once proved, entitled the complainant to an order subject to subsection 3 of this section of the Act.
There were two.possibililies (n deciding such cases. One might be thet the Court was not satisfied about collusion, and the other reason might be that the defendant had success. fully maintained that the wife's wilful neglect or misconduct had led to his adultery Neither of these factors came into the present case. The husband did not wish to excuse his adultery because of eny action of his wife. and from inquiries he (the magistrate) had made he was satisfied there had been no collusion.
Canton, Feb. 3.
Martial law has been declared throughout the city from midnight until to-morrow as a precautionary measure due to sundry sensational rumours, including the possible renewal of Jepanese activities against South China.
Several foreigners moved Into Shameen to-night from Tungshan and Saichuen because of the nervousness of their Chinese servants, who refused to remain on the premises.
The actual reason for the present nervousness is unknown, although severa] wild and unconfirm: ble rumours circulated in the city all day to-day.
The notification issued by the Chi nese authorities this afternoon, advising all foreign vessels to leave the harbour before nightfall, is believed to be partly responsible for the tension.
The reason for the sudden order to all foreign vessels to leave the har-hour is unobtainable, but the Military Headquarters is reported to have informed source that "something is in the air" without disclosing what.
Foreign sources are puzzled at the latest development, but since Cantor has experienced several scares recent-y they are inclined to be sceptical of the possibility of hostilities extending to South China.
It is also pointed out that this the second occasion that river traffic has been temporarily suspended, and that Canton is still linked with Hong kong by rail and the new motor road.
Reuter.
Fifty cases of smallpox were reported to the Medical Department here yesterday as the epidemic continued to rage throughout the Colony.
On Chinese New Years day, 21 bodies were picked up from the streets, including eight bodies found in the congested Central district. Seven of the 21 bodies had been victims of smallpox.
Earlier this week, the Medical Department announced that for the week ending January 29, 120 smallpox cases had been reported, show. ing an alarming increase over the previous week Health quthoritys indicated that checking of the epidemic had been made difficult because of the congested condition in Hongkong which has resulted from the tremendous influx of refugees from war zones and territory under constant bombing by Jepanese aircraft—United Press.
Text read from the printed page and cleaned; old type leaves the occasional error.