July 24, 1895.)
22nd July.
IN ORIGINAL JURISDICTION, BEFORE THE HON. W. M. GOODMAN (ACPING CHIEF JUSTICE),
LI CHING AND OTHERS V, WONG YUK AND ANOTHER.
Li Ching and Mak Kwok, brought an action against Wong-yuk, 4. Tung Wa Lane, and Pan Tak-chuen, Seymour Terrace, for an injunction to restrain the defendants from using, or causing or permitti g to be used, 23, West Street, as a public latrine, thereby causing a nuisanc injurious to the plaintiffs; and the plaintiffs claimed $10 a day for damages and their costs of suit.
Mr. Robinson, instructed by Mr. C. Ewens, appeared for the plaintiffs, and Mr. J. J. Francis, Q.C., instructed by Mr. H. L. Dennys, r pre- sented the defendants.
Mr. Robert K. Leigh, of the firm of Leigh and Orange, was the first witness called. He said he was acquainted with the premises in questiou. He produced plans which he had prepared and explained the construction and situation of the latrine and adjoining houses. There were three uptake shafts leading from the latrine on the first floor to a lantern in the roof of the house; through which the foul air escaped, and there were two separate shafts for the supply of fresh air. Mr. Robinson proceeded to ask witness what effect the uptake shafts would have on Nos 19 and 21, and witness was replying that he made several special visits to the premises in March last, when Mr. Francis objected to the evidence on the ground that it referred to matters subsequent to the date of the writ. The question, he said, was what nuisance was existing on the date of the writ and prior to it. The date of the writ was 9th January, 1895.
Mr. Robinson-It is an every day practice to apply for an injunction to restrain an anticipated
nuisance.
His Lordship mentioned that, a nuisance existing in April, they could not recover on that through a writ issued in January.
Mak Kwok was then called and said be oc cupied the ground floor of 21, West Street, where he carried on the business of a stationer. The latrine was opened on the 26th December, 1894. He had, without effect, complained to the land- lord of the house of the offensive smells. If the wind "blew in his favour the nuisance was unbearable.
In oross-examination by Mr. Francis, witness said when he wont into the shop at No. 21 he knew that the adjoining premises were used as a latrine. Asked why he did not remove from No. 21 when he first experienced the offensive. ness of the latrine, he replied that he was informed at the time that a petition bad been filed and an order of the Court was expected in the matter. Cheung Luk, who occupies the first floor of No. 21, West Street, also gave evidence as to the nuisance, and this was corroborated by several other tenants of houses near the latrine. The plaintiffs' case was not concluded at four o'clock, and at this stage the Court adjourned.
IN APPELLATE JURISDICTION.
BEFORE THE HON. W. M. GOODMAN (ACTING CHIEF JUSTICE.) HONGKONG AND SHANGHAI BANK AND OTHERS V. HOW QUA AND OTHERS.
Mr. J. J. Francis, Q.C., instructed by Messrs. Johnson, Stokes and Master, made au ex parte application on behalf of the plaintiffs for leave to appeal to the Privy Council against the judgment given by the Court sitting in appellate jurisdiction on the 8th inst, in favour of the defendants.
Leave granted.
The Mercury has the following, relating to the new season's tea on the London market:- While the new season blackleaf teas ex Ping- suey have not met with any excited reception, still a fair number of sales are to haud, all at more or less satisfactory prices. The two head Keemun chops, Ming Gar and Sing Gar realized 1/11 and 1/11 respectively. A fair, but by no means a fine, Ningchow, costing about 1/54. fetched 1/10. Profits ran from 5.33 per cent. to perhaps an average of 12 to 15 per cent.
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CHINA OVERLAND TRADE REPORT.
HONGKONG SANITAKY BOARD.
A meeting of the Sanitary Board was held on Thursday. The Hon. F. A. Cooper (Director | of Public Works) presided, and there were also present-Hon Commander W. C H. Hastings (Acting Captain Superintendent of Police). Dr. Lowson (Aoting Colonial Surgeon), Dr. West- oott (Acting Medical Officer of Health), Mr. N. J. Ede, and Mr. II. McCallum (Secretary.)
WELLS TO BE CLOSED.
The Acting Medical Officer of Health recom- monded the closing of certain wells.
The following minutes were attached Mr. Ede-If I remember rightly there was a complete report and analysis of water of all the wells. We should have this before us for the purpose of judging on these bad wells.
The Colonial Surgeon-Wells which are bad ou;h to be e'osed.
The Acting Captain Superintendent of Police-I concur. Close bad wells.
63
two or three gallons of water could be stored, bat what was that where there were so many drink? men requiring washing and something to Queen's Road, just opposite the Man On Insur- There was another cas of a bakery in ance Co., where the water was like ink. The those wells which the people said they did not sooner such places were shut up the better, and use should be shut up at once. It might be that some of these wells bad something to do with the spread of the plague. Ile thought the whols of the wells on Capt. Hastings' list should be closed up within a week, but that more parti- eulars ought to be obtained regarding made up by Dr. Westcott, because the closing of list some of the wells, when the water was g ol, was a serious business. Some of the wells if taken other than domestic purposes, and realising the care of would provide a fairly good supply for gravity of their proposal he suggested that ought to be done away with, and then there where the water was good the evil surroundings would be a good supply for some time,
The Director of Public Works-I concur in closing formation upon which the Board can make an order to bad wells, but this report contains practically no in- close. A list of the wells in all the districts and parti-
The ACTING MEDICAL OFFICER OF HEALTH culars as to the depth and construction, etc., is being prepared.
said that during the whole period of his office he had been engaged in hunting up wells which The report was not adopted as further pur-could be a source of danger to the public health ticulars were asked for.
of the colony, and he was glad to find that other selves in the matter. He had submitted reports members of the Board were interesting them-
many had been closed; but they could not con- and recommendations on 64 wells, and a great sider themselves in a position to resist epidemic. disease as long as wells were allowed to exist populated area, unprotected from surface soakage, which collected their water supply from a densely and riddled with drains. The colony now had and no justification existed for allowing those a perfect supply of water from a pure source, dangerous sources of collection to continue. He hoped the measure would receive the unanimous support of the Board.
Mr. En said that some time agé a list of wells was laid before the Board, and he would like to see it.
The ACTING CAPTAIN SUPERINTENDENT OF POLICE moved-"That whereas it has been made to appear to the Sanitary Board that cer tain wells hereafter named are in an iosanitary condition, and are likely to prove injurious to health, the said wells named hereafter are hereby ordered to be closed within the next seven days, He said this resolution was a result of a com- musication from the President saying they might look out for cholera. Crow, he had carried out a personal inspection, Along with Mr. and had set three men, Sergt. McIver and two constables, to work. The result of about a week's work was that so far as it appears to them, there was just exactly five times the number of wells that seemed to be previously kuown to the Board. This statement was not made with the in- tention of casting any reflection upon the Sanitary The PRESIDENT said the list would be cir. Inspectors, because it had to bo remembered that culated. He thought there could not be the this discovery was the outcome of a house-to-slightest doubt that these wells were in a state bonse visitation when nothing else but wells likely to be injurious to bealth. The Acting were looked for There had been no analysis of Colonial Surgeon bad expressed himself strongly the wells, except so far as their condition could to that effect, and the Board would be perfectly be detected by eye and nose. last year as much about the plague conditions as
If they had known justified in adopting the r solution. He thought,
however, that three days' notice they knew of choleraic conditions in this colony sufficient.
not he was of opinion that they might have been
The ACTING CAPTAIN SUPERINTENDENT OF more able to cope with the epidemic at the out- POLICE set. Anyone with the slightest acquaintance
i have altered my resolution to seven with medical science would tell thein that these The PRESIDENT -Seven days from receiving spots were simply breeders of cholera. Some of the notice ? the people said they did not use this water; if The ACHING CAPTAIN SUPERINTENDENT OF that was the case the wills should be shut up, and POLICE-Yes, certainly. There are forty-six they could be shut up without causing inconveni-wells altogether to be dealt with. ence.
The resolution was carried.
There
The ACTING COLONIAL SURGEON Seconded the resolution, and said he would like to point out that the number of deaths during the last twenty years from choleraic diariboon and diarrhosis of varions descriptious in this colony averaged from $00 to 600 per year, and he was perfectly cartain if those wells were closed up the colony would have less cholera or similar diseases. Since the introduction of the water supply from Tytam there was no doubt that the cases had decreased, and after some of the wells had been shut up. There was no description for some of those wells. So far as filth and dirt were concerned they were simply awful. If would be choked off water for ev r. some teetotallers could see the wells they surroundings of which were disgraceful. The was one in a bakery in Lower Lascar Row, the top of the well was flush with the floor, and the floor Was so badly paved that the surface water trickled into the well, This was a bakery where biscuits and Chinese bread were made all day long. It was simply awful. There was another place in Upper Lascar Row, which Master as a boarding house for seamen. be regretted to say was licensed by the Harbour
the water 5 feet, made of rough stone chunks, well was in a beastly state. It was 9 feet deep, had a drain two feet off, the water was very bad indeed, and the surface water drained off into the drain and the well impartially. They could not see through the water. It was full of sus- pended matter, and yet it was the well the people of the house had to depend upon for twelve or fourteen hours a day when the water supply was out down. There was a copper pau in which
The
days,
was
A RESOLUTION WITHDRAWN. The ACTING CAPTAI√ SUPERINTENDENT OF. POLICE-The next resolution I will withdraw. because it will be competent, at any time, to bring forward a list of insanitary wells.
The resolution was-" That a Committee be appointed to deal with other insanitary wells under Ordinance 15 of 18."
THE CONDITION OF CATTLE SHEDS. by the Acting Medical Officer of Health on The Colonial Secretary forwarded a report certain insanitary conditions connected with buildings in which cows, buffaloes, or goats were kept, aud making recommendatious thereon
1, 20, 22, 24, 26. 28 Kennedy Street, East Point respecting the supply of water and drainage.
Dairy Farm, Well Street, ai Hang village, The buildings were at 79, 81, 83 Nullah Lane,
and the Coffee Gardens.
The following minutes were attached :— Mr. Ede.-The purity of the milk supply is very important, and the water supply and the drainage of the places named should be looked to and put right as soon as practicable.
The Acting Colonial Surgeon.-Scen. No urgency. The Acting Analyst has enough analysing at present to keep him going for weeks.
The Director of Public Works. It would be well effect-Every building shall be supplied at all times- 10 add a by-law to the existing laws to the following with a reasonable quantity of pure water
or regulation with regard to the water supply of The PRESIDENT said there was no by-law these premises, and he did not think the Board could go further than insist upon a proper supply of water before licensing the places. He