May 29, 18951
HONGKONG SANITARY BOARD.
A meeting of the Sanitary Board was held Wednesday afternoon. The Hon. F. A. Cooper, Director of Public Works, presided, and there were also present Dr. J. M. Atkinson, Acting Colonial Surgeon, Surgeon-Major Westoott, Acting Medical Officer, Commander W. C. H. Hastings, Acting Captain Superintendent of Police, and Mr. H. MoČallum, Secretary.
MINUTES.
The SECRETARY read the minutes of the vious meeting, and they were confirmed.
CHINA OVERLAND TRADE REPORT.
of all domestic buildings shall be good lime or cement concrete at least 6 in. thick, finished off smooth to the satisfaction of the Sanitary Board.' As the majority of the ground floors of domestic buildings are used as shops and the Chinese prefer having them paved with red Canton tiles (for the sake of the appearance), we shall be obliged if you will inform us if the Board will approve of 6 in. lime con- crete covered with
one course in. Can- ton tiles and pointed with cement. 2nd. Under pre-section 15 of Ordinance 15 of 1894 the Board has power to grant certificates that the dif. ferent matters under the Ordinance have been done to its satisfaction. We shall be obliged by your informing us if the Board intend to exercise that power."
AMOY FREE FROM PLAGUE. The following telegram, which had been re- ceived by the Government from the Consul at Amby, was read :--" Amoy is reported by Medical Qoor to be free from plague."
I
THE GOVERNOR THANKS THE BOARD.
The Secretary read the following letter:
"Colonial Secretary's Office, “14th May, 1825, “Bir,—I am directed to convey to the Sani- tary Board an expression of the Governor's ap. preciation of the prompt measures taken by the Board to prevent the spread of plague. and to state that His Excellency trasts that the success which has so far attended the exertions of the Beard will be an additional incentive to the con. tinaspes of its efforts to place the colony in
■ clean and sanitary condition.-I have the honour &c.,
"J, H. STEWART LOCKHART, "Colonial Secretary."
MORTALITY STATISTICE.
The death rate for the week ended 4th May wai 17.5 per 1,000 per annum, compared with 25.7 in the corresponding week last year. For the week ended 11th May the death rate was 17.5 per 1,000 per annum, as compared with 46.9 at the corresponding period last year; and for the week ended 18th May 15.5 as compared with 64 in the corresponding week last year.
ASSISTANT INSPECTOR OF MARKETS,
a letter was read stating that the Governor approved the appointment of P.S. Alexander Watson to be Assistant Inspector of Markets on three months' probation at a salary of $720 per sunnm, rising by yearly increments of $48 ̊ to $960, in addition to a rent allowance of $240 per
annum.
HAWKING IN THE STREETS STOPPED. The question of hawking in the streets cropped up on an application made by Mr. Dennys for licences for certain shops. Mr. Ladds. in writing on the matter, referred to the practice of hawking in the street, and recommended that it be disallowed in the neighbourhood of the markets
:
The PRESIDENT This question of hawking in the streets appears to be one which the Board should make some recommendations to the Government about. Now that the new Central Market is opened there is ample ao- commodation for the sale of food supplies in the centre of the city, and I think the hawking, as far as possible, should be stopped, as it materially adds to the difficulty of maintaining the streets in a sanitary condition. One constantly sees augar cane and material of that kind in the channels and gullies, and besides obstract ing the traffic, it depreciates the value of the stalls in the Central Market. I do not think we have authority ourselves to take any steps in the matter. The Goveruor in Connoil has power to license certain persons to sell food supplies in the streets and in private premises. The Colonial Secretary has recently Informed us that his Excellency will cancel all these licences at the end of this month.
The Acting CAPTAIN SUPERINTENDENT OF Potter-Selling in shops ?
.
The PresiDENT-Yes. I therefore move the following resolution:-"That this corres- pondence be forwarded for the information of his Excellency the Governor; and the Board especially desires, as far as possible, that no licences shall be issued for the selling of food. supplies in the shops, or for hawking in the streets, beyond what is absolutely necessary." The resolution was seconded and carried.
CONCRETE FLOORS.
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The PRESIDENT said that the majority of the tiles were not, strictly speaking, impervions, but if the concrete was properly smoothed, he pro- posed to inform Messrs. Palmer and Turner that there would be no objection to the tiles.
ALTERATIONS AT THE CENTRAL MARKET. Mr. LADDS, Colonial Veterinary Surgeon, male certain recommendations for alterations in the coolie arrangements in the Central Market. On the motion of the President it was resolved to forward the recommendations to the Colonial Secretary for the favourable consideration of the Governor.
MACAO MERCHANTS AND THEIR VEGETABLES. The Hongkong, Canton, and Macao Steam- boat Company made an application for permits to allow Chinese merchants to come from Macao with their vegetables.
The President moved the following resolution: -"That the Colonial Secretary be informed that the Board considers, under existing circum- stances, the granting of any such permits atten- dant with danger."
Carried.
The Board adjourned until to-day fortnight.
SUPREME COURT.
23rd May,
IN SUMMARY JURISDICTION.
BEFORE HIS HONOUR MR. T.SERCOMBE SMITH (ACTING PUISNE JUDGE.)
DAKIN, CRUICKSHANK & Co. v. AIREY. Messrs. Dakin, Cruickshank, & Co., Limited brought an action against A. C. Airey to recover $39, money received by defendant on behalf of the plaintiffs.
Mr. Bowley (from Mr. Dennys's office) ap- peared for the plaintiffs. and said that the do- fendant admitted the receipt of the money, and therefore the onus of proving that the money had been paid over to the plaintiffs was thrown upon the defendant.
Defendant said he admitted having received the money, which he had paid to the plaintiffs.
Mr. T. G. Joy, manager to the plaintiffs, said that the defendant was engaged as temporary harbour assistant on 11th September last. It was his duty to collect orders, receive money from the customers, and hand it over each day to witness. Defendant should have left the plaintiffs' employ on 15th January, but for some reason or other he left on 10th or 11th January, Mr. Goodwin succeeded him, and when he applied to Mr. Colquhoun, of the steamer Sikh, for a debt of $35, he was shown a receipt given by defen- dant. There was also an account of $4 standing against Mr. George, of the Belgic. This had also been paid to the defendant, but neither of the amounts had been paid over to the credit of the firm. In the early days the defendant entered the amounts received in a note book, but latterly he had a receipt book, and kept the counterfoils. When defendant handed over the money the items were entered in a book in his presence.
40%
ence in the balance since defendant had left plaintiffs' employ.
Mr. Goodwin spoke to being shown the ra ceipts when he made application for the money, and in cross-examination said he had no distinot recollection of defendant receiving, in his pro- sence, seven $5 notes from Mr. Colquhoun on the Sikh.
The defendant, in his evidence, said he had
the busi paid over the amounts, and that " ness was ran recklessly." He was not given re- ceipts when he paid the money to the manager. Witness paid Mr. George's account on 18th December, and Mr. Colquhoun's account on 3rd January and each was included in a sum amount, a memorandum of which be produced.
Cross-examined-Inopportune times occasion- ally prevented him from checking the amounts paid by him and entered by Mr. Joy in the book. His Lordship gave judgment for the plaintiffs with costs.
25th May.
MANUK ". W. SHEWAN,—JUDGMENT. This was an action brought to recover a sum.... of $288, the amount of a compradore order drawn by the defendant, payable to S. I. Danby or order, endorsed over to the plaintiff.
In cross-examination witness said he did not give defendant receipts for money paid. Witness could not say whether it was defendant who suggested that a printed receipt book should be used, and he was not quite certain whether the Moairs. Palmer and Turner wrotejas follows to present barbour assistant had a receipt book, the Secretary "There are two questions aris- the counterfoils in which showed the amounts ing out of Ordinance 15 of 1894, and the by-laws paid to him. Witness had not received any thereunder, to which we shall be obliged if you money lately; it had been paid to Mr. Hughes. can favour us with an early answer. 1st. As re- the first, assistant. Witness balanced the cash gards section 1 ́ of the by-laws, it says,The main the morning, and as a rule the accounts did terial to be used for dovering the ground surface not balance. There had been no material differ.
Mr. C. D. Wilkinson appeared for the plaintiff, and Mr. E. C. Ellis (of Mr V. H. Deacon's office) for the defendant.
In delivering judgment his Lordship said- This is an action upon a compradore's order, which is in the following form:
Shewan & Co.
(Chinese character:)
Hongkong, 31st March, 1895,
Compradore.
Pay (a Chinese character) S. I. Danby, Esq., or order, the sum of dollars two hun dred and fifty only.
Account.
$250.00.
W. SHEWAN. This order was indorsed by Mr. Danby to Mr. Manuk or order, who indorsed it to the Chartérød Bank of India, &c., or order. The indorsement by the Bank was in these words, “received pay. ment for the Chartered Bank of India. Austra- lia & China.Jas. S. Bruce, p. Manager, Hong- kong." On being presented for payment pay- ment was refused. The first indorses now anes the drawer for $250. The question in this case
What is the nature of this compradore's order ? Is it an instrument within the definitions of a bill of exchange, promissory note, or cheque, or is it an instrument ui generis, depending for negotiability on universal usage entitled to be recognised as part of the law merchant? If this compradore's order comes within the categories of a bill of exchange, or a promissory note, or a cheque, no amount of usage adduced to prove that it has hitherto not been treated as coming under any one of such cate.
ries can avail to put it outsside them; for " to give effect to a usage which involves a defiance or disregard of the law would be obviously contrary to a fundamental principle." (Goodwin v. Ro- barts, L.R. 10 Ex. at p. 357.) A cheque is a bill of exchange drawn on a banker, payable on demand, and a banker includes a body of persons, whether incorporated or not, who carry on the business of banking. A compradore does not come within this definition of a banker; therefore an order on him cannot be a cheque. A promissory note is an unconditional promise in writing made by one person to another, signed by the maker, engaging to pay on demand or at a fixed or determinable future time sum certain in money to, or to the order of, a specified person or to bearer. To a pro- missory note there are only two parties, the maker and the payee. In this compradore's order there are three parties, viz., the drawer, the drawee, and the payee. As there was no evidence tendered in this case to show that the drawer and the drawee were practically the same person, I must look to the face of the document itself, which distinctly discloses the presence of three parties. On this grouud then the instrument in question is not, in my opinion, a promissory note. A bill of exchange is an unconditional order in writing addressed by one person to another signed by the person giving it, requiring the person to whom it is addressed to pay on demand or at a fixed or determinable future time s sum certain in money to, or to the order of, a specified person or to bearer. The usual form of an inland bill of exchange payable on demand to order (and all bills of exchange are deemed payable on demand