Right of way to a lot on Nanking Road was claimed by the Asia Really Company from the Chartered Bans in H. M. Supreme Court before Judge P. Grant Jones yesterday. Mr. J. McNeill appeared for the plaintiffs, and Mr. C. E. Sherwin represented the Chartered Bank.
it was stated in court that US. Lot 2577, facing Nanking Road. could only be approached from the back by a roadway owned by the Chartered Bank.
In 1870 the predecessors of this bank, the Oriental Bank, granted right of way to the lot by means of this passage. On May 18, 1939, the defendants erected a wall along one side of the road, leaving only a six foot gap for entrance to the lot. This was done overnight. and the plaintiffs were not consulted about the matter.
The Chartered Bank explained later that this was done to satisfy the P. W. D. and to protect the roadway from flooding during heavy rain. Mr. McNeill stated that the P. W. D. only required measures to be taken io stop flooding. and did not specify the building of a wall which would restrict access to Lot 2577. The flooding was caused by the higher level of this piece of land due to the de-volition of buildings on it. The lot is now being used as a car park, but the Asia Realty Company. wish to build again, and claim that the six foot gap does not provide sufficient access to the land, as lorries are unable to enter through it. Plaintiffs require a gap of at least 29 feet to permit the entrance of large vehicles carrying building materials, and that no kind of restriction be placed on access by means of this road.
"Mr. McNeill then called Mr. W.
Jeffries, who produced the original deed of the Oriental Bank, granting the right of way across the property in 1870. Mr. F. Shafter, an architect, gave evidence to the effect that a gap of at least 29 feet would be necessary to enable loriies to enter and turn round.
The case was adjourned until 10 am. this morning Assault Case Adjourned On application of Mr. E, T. Maitland, counsel for the defence, resumed proceedings in an assault charge brought against Munchan Singh by Chanchal Singh on behalf of his ten year old son in H. M. Police Court before H. M, Registrar, Mr. C. H. Haines, were adjourned yesterday to Tuesday, May 21. Mr, Ranald G. McDonald appeared for the plaintiff, the China Trade Act, the circumvent. tion turns out to be an academic or naked one because nothing much appears to result from it except the circumvention itself.
The Court thinks the stipulated facts do not establish any sufficient reason to ignore the non-conductor which the law puts between parent and subsidiary companies or to construe the China Trade Act in any but its legal meaning. The Act contains no prohibitions against its companies acting as holding companies or owning stock of insurance companies, and the Court thinks the Secretary of Commerce or this Court cannot derive these prohibitions from the Act.
The relief prayed will be granted and appropriate judgment will be entered.
Text read from the printed page and cleaned; old type leaves the occasional error.