188
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THE HONGKONG WEEKLY PRESS AND
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21
summary
of
[March 6, 1895.
This case was heard by us and we gave a deci- sion at the bearing. But a day or two after- wards, on considering the matter, we thonght we had not given sufficient and we therefore
refrained from signing the award or drawing it up or publishing it until we had an opportunity of reviewing the land. We went and examined it carefully, and we find it is better situated in respect of other properties than we had thought, and the houses on it are in a bet ter condition than our first impression led us to believe. Under these circumstances we have no hesitation in coming to the decision that we have made a mistake, and the Court is always ready to acknowledge a mistake; but we would not come to any decision until we had heard all those three cases in this block, to see whether our impression as to the value of Musso's land would be confirmed by the evidence given in those three other cases. We are clearly of opinion now that Musso's land is at least as good as 701, for which we have just allowed $12,500. We allowed Musso only $10,890.
We are not very sure under the circumstances whether we have a right to amend our award. The Ordinance does not give us power to do se, but the award has not been drawn up, signed, or published, and therefore we think we have power. no difficulty in consenting to an award of $12.500 in Musso's case.
We have
Mr. Dennys-I think your Lordship has already given costs.
His Lordship--Yes; in Musso's case the costs will follow.
FINAL SITTING.
by the resignation of several of the Singa-ferring to special points in connection I will now mention Musso's case; that is 701 A. pore members of Council and the whole of with the two systems, and the twenty-fifth the Justices of the Peace; and in the was general, being worded as follows:--- second place, the London branch of the
Will you state shortly which of the two Straits Association is a strong body with systems you prefer for Hengkong, for the sufficient influence in Parliament to see that disposal of night-soil-the present system the petition receives attention, whereas the
"of hand carriage whereby, within twenty Hongkong petition had no such backing. W♦
four hours, all focal matter is removed expect in course of time, therefore, to hear
"outside the waters of the colony, or the only that the Singapore petition
"water carriage syetem, by which it passes has been in due course presented
"into the sewers and thence into the the House, but that a debate has been "harbour; and will you give a very brief formally raised on it. We are not equally
your reasons for and against sanguine as to the result of the debate. It each" Mr. HUGH MCCALLUM replies:- cannot be made a party question, for the
Practically, the water carriage system for the "better class of houses and the bucket system Liberals and Conservatives are in the same boat on this matter. The Colonial party in
"for tenement dwellings. Theoretically, the the House also recognise the justice of the
water carriage system for all;" and he at- We colonies sharing in the cost of the defence taches a long summary of his reasons. of the empire and a mere question of account would agree with Mr. McCALLUM as to the is not likely to excite much enthusiasm suitability of the water carriage system to The probability is, therefore, that the members the better class of houses, meaning thereby specially interested in the Straits will be the European houses, provided a constant allowed to have their say, but in a small supply of water throughout the whole year house. The Government, however, in order could be guaranteed, but that is not the case to relieve itself in some measure of responsi- at present, nor is it likely to be the case bility in connection with a rather irritating even after the extension of the Tytam question, may consent to, or itself propose, reservoir now in progress, for the growth the appointment of a commission to inquire of the population will very soon overtake into the matter not only as regards the the increase in the supply of water, and dur- Straits in particular but the colonies in ing prolonged droughts the colony will still general. That is in itself a thing to be de- be liable as at present to be reduced to one sired, for it would naturally lead to the or two bours supply per diem. For this rea- establishment of some well defined prind son the introduction of water closets even in ciple upon which the contributions shoul-European houses should be discouraged. Un- irritation der the circumstances, therefore, it is hardly be levied, and the local might thereby be in
measure necessary to consider the theoretical advant- removed. But whether there would be any ages of the water closet system for all bouses, It is the actual pecuniary relief may be doubted. European and native alike. The members of the Commission could not practical advantages or disadvantages of the be expected to be imbued with any great two systems that have to be looked at, and, desire to shift the burden of taxation from whatever may be said with regard to Euro. the ratepayers of Singapore on to the pean houses, there can be no question as to shoulders of the already heavily burdened the inapplicability of the water carriage British taxpayer. It would no doubt he system to Chinese houses. Mr. E. MACKIN- argued that the native communities who rosa in his replies to the Committee's ques- enjoy the protection of the British flag tions expresses what we think will be the should pay their fair share towards the cost general view of the community when he says of Imperial defence, and when the question that to assume that proper conditions can of what is a fair share is gone into the exist that would permit of the use of water chances, we fear, are rather in favour of the closets “is a laroa order and is more in the commission taking the view that bas been "nature of an experiment that I most taken by successive Liberal and Conservative strongly deprecate being tried, bearing in "mind the recent experiments with the Administrations as to the actual amount
" The paid by Singapore not being in excess.
drainage of the colony according to the more civilised methods of Europe. colony may find it less irritating to pay a
"Natives do not and will not under- certain sum in accordance with some prin-
"stand Western methods in this connec-. ciple laid down by the Commission instead of at the behest of the Downing Street "tion. To attempt to educate them is a authorities, but if the amount remains the "wild idea to contemplate. The bulk of "the native inhabitants are drawn from the same the effect on the colonial exchequer will be nil. It would, however, be a satisfac-surrounding mainland-a changing popu- tion to know that all the Crown colonies were "lation born, bred, and wedded to their own treated on the same basis and we may customs, which it is perhaps impossible to "'eradicate. To introduce water closets assume that the commission would recognise the injustice of allowing certain colonies to amongst such a mass appears to me an escape altogether while levying large sums appalling suggestion." on others.
►
some
THE CONSERVANCY SYSTEM OF
HONGKONG.
"
i
TAIPINGSHAN RESUMPTION ARBI- TRATION BOARD.
awards.
The Taipingshan Resumption Arbitration Board, consisting of His Honour Mr. E. J. Alford, and Mr. W. Dauby, met on Friday, the Ackroyd, Acting Chief Justice, Mr. E. F. 1st inst., for the last time."
In stating the award in claim No. 8 his Lordship said-This is a claim for resumption of a temple and it having been proved that it was let on a repairing lease (excepting fires and typhoons) for 15 years, of which over 14 years had still to run, at a rental of $70 per mouth, it is impossible for us to overlook this fact. In assessing this award on rental we do
not forget that taxes have been evaded in the
award the claimant'
past, and, taking all the peculiar circumstances into consideration, we $8.000; but the Government of course have the option of avoiding payment by permitting the claimant to resume possession, in which case it is understood the claimant withdraws his claim in loto. Costs for claimant.
WHO SHOULD PAY THE COSTS ?
His Lordship-In three ises in which we gave judgment the other day we awarded a sum a trifle over the amount offered by the Govern- ment and we reserved the question of costs, be- cause, according to the Ordinauce, if we had given only the sum offered by Government we would not have been able to grant costs. As the
claimants in these three cases have received so very little over the offer, and in one or two cases so much under what they claimed, is it right that they should get costs when, as I have said, if we did not give that small sum over the amount of the offer they would not have had any costs at all P
Mr. V. II. Deacon, who represented. Mr. Bruce Shepherd, then addressed the Court at con- siderable length, and argued that his client's costs ought to be paid. There was no set of circumstances in England precisely similar to the set created in the Taipingshan Ordinance, which was different from anything which ex- The Taipingshan Arbitration Board, consist-isted in the judicature in England. Therefore be submitted they ought to argue by analogy, and as it were impress upon the Board the pro- cedure that ruled at home under statute although it did not rule bere under statute. The Board would no doubt cousider the position, of the parties. The claimant was in reality in the position of plaintiff; of course there were no pleadings filed, no declaration, no answers, &c., but he submitted that the claim which was filed under the Ordinance here was in effect the same as a declaration of a plaintif in an ordinary action. He thought that Was reasonable. because they must have some reasonable statute or other, and he thought it was reasonable to ask the Board to treat the claimants in the cases as plaintiffs. Counsel then quoted from various authorities to show that the winning parties should be
The report of the Committee of the Sani-ing of His Honour Mr. E. J. Ackroyd, Acting tary Board appointed to consider the ques- Chief Justice, Mr. E. F. Alford, and Mr. W. tion of the introduction of the water closet Danby, mot on Thursday and announced several system in the colony will be read with a feeling
His Lordship-The first claim we have to de- of relief by the community at large. The cide is claim No. 50 made by Ng A Kwun, owner Committee are uncompromisingly opposed to of Inland Lot 701. In this the sum of $17,600 the general adoption of the system and would was claimed, and the Court awards $1,500. The allow it only in individual cases where next case is Li Fung Shan, owner of the remain. special reasons exist. A series of questions ing portion of Inland Lot 600. In this case the was circulated to the doctors, architects, and sum of $11,618 was claimed. The offer was In few other gentlemen supposed to have 8.400 and the Board awards $8.400.
the case of Bruce Shepherd, Inland Lot Knowledge of the subject, and practi- 599, the claim was $19,000, the offer $13,200, cally the answers are all in favour of and the award is $13,600. In this case, as the the removal of excreta by hand carriage, the Board has awarded so very little beyond the bucket system, as it is generally termed. sum which has been offered, we have reserved the There were twenty-four questions re-question of costs and wish to hear parties thereon.