LAW REPORTS.

Dominion, Volume 7, Issue 1951, 7 January 1914, Page 7

LAW REPORTS.

SUPREME COURT,

THE MARRIAGE CUSTOM OF CHINA.

CHONG'S. PROPERTY

HIS MARRIAGE VALID; FAMILY

;ro succeed

Interesting questions concerning Chinese marriage custom hevo been decided by His Honour, the Chief Justice (Sir, Robert Stout) in a judgment delivered in tho Supremo Court. , . The case was tho Public Trustee versus Ng Kwok 'Shi aJid others, an originating, summons concerning tho real and personal'estate of R. Chong, late of Greytown, shopkeeper, deceased. =R. Cholift died at Greytown intestate, and t|id Public Trustee became administrator of his "estate, valued at £3000. Deceased, wjio \\ds ; 57 years old at the timo ot his death, was born in Ah Ven village, and Jived there until ho left for New Zealand, when, ho was '8-1 years of age! On February 19, 1875, ho married i). Chinese woman .named Ng Kwok Shi, tat'ho also had a concubine, whom, it was stated, ho had never seen. His children all predeceased him with tho exceptio)i of his daughter Kwai Yce, and ono son. left twin children, a male, Ting Ka, and a female, Sui Wai, eight years of age. ' Tlto:iirst question-for the Court to determine related, to the distribution, of deceased'? estate, tho points to bo decided being: (I) Was deceased domiciled in New,. Zealand? (2) If not, how was his property to be distributed P in n previous judgment \he Chief Justice, held that Ah Chong had not lost his domicile of origin, and that tho movable property must-be distributed in accordance with Chinese law. .;.

Two questions were left over when the originating summons was first bofore tfye Court. The first was:. Whether the Court could in a question of sue? cession to immovable property consider that a marriage'- between Chinese, in China was a valid marriago and one that the Supremo Court of New, Zealand could recognise so as to provide for succession to immovable property in New Zealand? The second question was: Whether in succession to real pro'perty in New Zealand the lex domicile or the lex re« pita was to bo , recpg-: nised? Did piir law, providing that real property .should be dealt with' as if it were personal property so far as succession was concerned, dift'or from the English law dealing with succession to immovable property in- England? First, sajd His Honour, it was. clear, at all events, in tho Divorce Court that where a remedy was sought by one g'ppuse against another it was necessary to prove that the proper marital relationship exjste(l before the Court could proceed to givo relief. Further, a marriage in a country ujhero polygamy was allowed wo'iijd not bo treated as a true.marriage. - This ha.d been decided once and for all iu the case of a Mormon marriage—the case of Hydp.v. Hyde and Woodmanseo.' A; marriage to bo recognised in our law was a union for life of one man and one woman to. the exclusion of all others. . . . .■ . . '.. "

"lii the Chancery Division Caso (stated, "re Botliell," tllQ question of succession to property directly raised. Though it. was succession to 1 real optato in JSnglaud, tto 9 manriagp in ,'i .Cfl.uiit'O'. recpgmsijijj* polygamy poujd not bo recognised, as n true' marriage»„Bo as" U)providerop.,succession, y - In that case tho decejisad., was. married, haying .one' wifo ... <)niy- He was.-married in aqcordaiico with tho eus-' tomV of the Baralong tribo in South Afriba, which tribe' allowed polygamy,It was held that tho marriage could not he recognised, and his daughter : waa held- to bo illegitimate, ■ Then, tl(ero was-the case of the validity of n marriiige in Japan of an Englishman with a Japanese woman. It was shown that polygamy wss not allowed .there, ami the union, was lipid to bo'vaffil. His Honour commented that it did not seem to have been shown in the ci)3e that at that time concubinage was allowed-, in Japan, but authority indicated- that concubinage, though not recognised by law, was not considered.criminal,-'and" was admitted with a view to continuing the family, 110 doubt for the samereason as concubiiipge was admitted in China, in order that iiocostfal worship might be preserved. The English Court l)ad held that concubinage was not the same as polygamy, and tint a marrjage jn Japan was recognised as a good marriage though poncubinago existed/ Seeing that this had so been decided, lie (His Honour) was of opinion that this niarriago must bo recognised, and that-the-family was entitled to Bucceed -just, ns Jf the'family had been a iNew./SeslamJ" family, His Honour'then deait with the second question—whether file, law of dominie of the deceased or'the law of property in Xeii; Zealand was to bo followed in the distribution- of leasehold estate? in New Zealand, Tho decision was that "perspn? entitled t-o the leasehold property iviH be, according to our law, the persons that- would lmve been entitled to personal property in Now ZealanrMf the deceased had been domiciled in New Zealand, That will be: A third will go to the. wife, and two-tliirds to the children." His Honour concluded: "I may add that the deceased lia'd not lived with tiny roiiciibine, A concubine, had been proposed .foy him, hut he liad never seen her, and there are.no illegitiniato cliijr dren to. be considered," CRIMINAL TRIALS. BIG LIST FOB FEBRUARY. MURDER ALLEGED. The list of cririiinal. charges set down for the session of : the Supreme. Court, which opelis in Wellington 011 February 2, is formidable. T!]e ajoused-and the offences alleged against them are indicated below:— lip.bert Hill, taking part in a riot. ' John Trov, assault. Carl Johpson, taking part in an unlawful assembly. Geo. Johnston, taking. part in an unlawful assembly. • Walter Burton, taking part in a riot. Alex. Cliiircfimaii. taking part in an unlawful assembly. William Geo. Ccckcll, taking part in on unlawful assembly. Ohas. F. Beaumont, taking part in a riot. Alf. Edmund Tomlinson, arson and theft (1.3 charges).. Patrick Hasjett. attempt to murder oiid takiw; i" " riot. ■ Jean Millard,-false pretences John Edward Harrington, taking pan in r. riot. Antonio. Stuparich, taking part in a riot. Edward Colclougli, taking part m a riot. ■ . Sidney Hall, indecent assault (two charges). ' Elsio Reynolds, opening a postal packet., Thos. Ackland, taking part in an unlawful assembly, and obsccno language.. Albert Anderson, taking part in a riot and an unlawful assembly. William C. Til lev and thirteen others, disobedience on high seas. Max Wo|fe, assault and obsccno language.' Thomas Coffey, attempt to carnally know

I Alfred Jansen, 'William Parkor, and fiobert Stephens, causing damngo to ' wharf harrier. William Tlios. Young, seditious words. R. J. S. Seal, causing damage to wharf barrioi. Samuel Thompson, taking part in a riot. Henry Holland, seditious words. Ellen Margaret Seymour, murder. . MAGISTRATE'S QOURT. RAID ON CHINESE. REMAINING CASES DEALT WITH. Mr. J. »S. K\ ans presided over a sit/ting of the Magistrate's Court yesterday morning. The remaining two cases in connection ivitli tho police raid on gaming houses in Haining and Taranaki Streets 011 January 2 last came up for hearing. Samuel Anderson, charged with' beingj found in a common gaming house (133 A Taranaki Street), pleadea that he di<T not go .to the premises for the purpose, of gambling, but merely out of curiosity. ' After hearing tho statements of tho police and of accused himself, his Worship remarked that accused's presenco, thero was an offence, and it remained for him to prove lie was there for a kwful purpose. Accused, would be convicted, and, considering that lie had already been under arrest some days, he would be discharged. On behalf of Jiis client, Ah Lnm, Mr. V. R. Meredith entered a plea of guilty to a charge of assisting in tho management of 11 lottery. Mr. Meredith explained that accused was only 011 a visit to his Chinese friends in Haining Street, and had 110 interest in tho gambling whatsoever.Accused was fined £», with the option of fourteen. days'.'imprisonment. . MORE ABOUT SAGE'S LANE. Tho adjourned case against Jessie M'Ewen of being an idle and disorderly person in that she was the occupier of a house in Sage's Lane frequented by people having 110 lawful means of support was continued. Evidence was given, by William Waters, wjiq .stated that he was the owner, but not the occupier, of the house in question. Accused had stayed in this house at night and had ilo right to be there. His Worship remarked that it- was questionable' who was the occupier of the house. Tho evidence of the. last witness .was unsatisfactory. Accused would bo convicted of being found in the house in company'with peoplo of illfame, .and would be sentenced to one month's imprisonment. OTHER CASES. Kathleen O'Connor, charged with being found helplessly drunk, was remanded for a week for medical treatment. Walter Albert Cook appeared 011 a charge of failing to provide maintenance for his children. Ho wag remanded to Palmcrston i^orth. For insobriety, three first- offenders were fined P - a-piecc. JUVENILE COURT. At a sitting of tho Juvenile Court, before Mr, J. S, Evans, a boy of 9} years was chargod'wjth being found ui the dwelling of ail habitual drunkard. A sordid tale was unfolded in the evidence. - The father admitted that he had been frequently convicted for drunkenness, while it was stated that ho frequently came home furioiis with drink', po that tho mother had to 'protect tho child 'from him, Tho ohild Svas committed to tliq Receiving Home, and tho father was ordered to pay 7s, Gd. a week towards its support.' Another la^'of-ii'iii^yijaTs-was (Shaifted; • wjtli stealing ;r coin'% "thp s {'alfl6';bf '25. 1: ' from the City' Council. It was stated that tho mother sent, the hoy for some coal/'and lio went to'the corporation yards and helped himself to a handcart full. There was 110 conviction recorded against the boy, but the mother was warned by the magistrate that she was really responsible for tho theft. For stealing a bicycle, valued at £2 10s., the property of Meredith Evans, a boy 1(3 years of age was convicted and rautioned. COURT OF ARBITRATION. A WANGANUI AWARD. Tho Arbitration Court has made an awprd in the matter of the Wanganui Painters' arid Decorators' Dispute. The award came into force on December 29 and is to remain in existence till December 20, 1916. Tho hours of work aro from 8 a.itn till 5 p.ni., with an hour for lunch. From May 1 to August 31 work shall cease at 4.30, and there shall bo only iialf aji hour for lunch. Oil Saturdays work is to conclude at neon. - All journeymen painters, paperhangprs, glaziers, grainers, signwritcrs, der corators, and all other journeymen working at a branch of the trado'shall bo paid not less than Is. 'ljd. per hour, Provision is .made for under-rate workers, overtime, holidays, suburban work, country work, and apprentices' wage's. The Judge of tho Arbitration Court, (His Honour Mr. Justice Sim) made the following memorandum: "This award is based 011 tho recommoridation of tho Council of Conciliation. At the hearing, the representatives of tho union acreod, at the suggestion qf tho council, to accept the Court's usual underrate workers' clause, and, also, a different preference clause from that contained in the recommendation. Tile only alternative to this courso was to limit tho award to the same district as tho last award, because it is quite out of the question to bring employees at Marton and other- places under tho clanso contained in the recommendation. It is unfortunate that the Court is not able to induce tho assessors to adopt tho machinery clauses settled by the Court."