286
the defendant must have had knowledge of it. He asked his Lordship to give judgment on the note as it originally stood.
Mr. Robinson admitted giving the note, and therefore Mr. Dennys did not, at this stage, call witnesses. Mr. Robinson contended that the alteration was material and it was made without the consent of the defendant. Counsel then quoted several cases in support of his argument.
Defendant said he wrote the note down to the words "$20 a month." The remainder was in the handwriting of the payee, Emily Mishin- pett. These last words were not on the note when it was signed and he had never consented to their insertion. He first heard of the altera- tion in the early part of 1895. Patay was a Sergeant-Major in the Royal Artillery. The note was made early in 1893. Patey went to witness, said he was in difficulties, and they both went to Mr. Minhinnett's house where witness drew up the note at Minhinnett's dicta- tion.
Cross-examined by Mr. Dennys-Patey went to Colombo the day after the note was signed. He did not, as far as witness knew, threaten to shoot himself unless he got money, He was receiving about 3s. 9d. a day and was then being paid at the rate of 2/8 to the dollar. The arrangement was that Patey was to remit money after he got to Colombo.
This was the whole of the evidence for the defendant, and Mr. Dennys thereupon called the plaintiff, who said that he paid Emily Minhinnett $250 for the note on 14th August, 1895, and he did not know anything about the alteration at the time. Witness was no claim. ing for the $300 irrespective of monthly instal-
ments.
Mr. Dennys said Patey went to Colombo on the 23rd September, and he could not possibly have sent the first instalment on 22nd October. Therefore the understanding was, couusel sub- mitted, that the payment of the first instalment was to stand over for a month.
His Lordship-Although I have not very much doubt in my own mind what decision I shall come to, I should like to look up the cases. Judgment reserved.
11th October.
.
His Lordship delivered the following judg- ment-In this case the plaintiff sues on a pro- missory note. It appears that somewhere about 22nd September, 1893, a man named Patey, who is a non-commissioned officer in the Royal Artil- lery, got into some difficulties, and he went to the present defendant and asked him to become security for him in a loan transaction. The two then adjourned to the house of a man named Minhinnett, and there in Minhinnett's presence the defendant wrote out the promissory note in dispute, or the one on which they are fighting, at the dictation of Minhinnett, and it was signed there by Patey as the borrower and by the present defendant as security. Mr. Robinson, for the defence, set up several defences,; and it strikes me that the most important one, or the one I shall deal with first, is that based on section 64 of the Bills of Exchange Ordinance, 1885, to the effect that after the signing and making of that note a "material alteration" had taken place, and that that alteration "is ap- parent. But before considering that subject I had better read the promissory note. The pro- missary note as originally drawn is as follows: Hongkong, 22nd September, 1893. For value received we jointly and severally promise to pay to Emily Minhinnett the sum of $300 (three hundred dollars) by monthly instalments The note was signed by of $20 per month." Patey as the debtor and by Gornell as security The alleged ** material alteration is as follows: The first instalment to be paid on the 22nd November, 1893, until the whole is paid in full.” I may say at once, as I said at the trial, if that alteration was “material” I will hold at once that it was certainly "apparent." The alteration was in a perfectly different handwriting, and to anyone who is not blind the alteration is "apparent." It seems to me that the holder of the promis- sory note had a perfect right to sue for the first instalment on the 23rd October. What does the alteration mean? The alteration means practically this, that the holder of this promis
រ
|
THE HONGKONG WEEKLY PRESS AND
sory note has postponed the payment of the first instalment for a further month, and surely in all conscience that is giving time to the prin cipal behind the back of the surety. One of Mr. Dennys's points was that this addition was only carrying out the original intentions of the parties, and he supports that argument by cer- tain evidence given by the defendant himself to the effect that at the time the promissory note was made John Minhinnett said to the plaintiff something to the effect, "I shall not bother you for three or four months." If that is so that addition, so far as the surety is concerned, could have been made in the body of the note at the time; it could not be made afterwards. Under these circumstances, holding that the alteration is an apparent" one, it is unnecessary for me to go into the other lines of defence. I give judgment for the defendant with costs.
$4
HONGKONG SANITARY BOARD.
A meeting of the Sanitary Board was held at the offices on Thursday afternoon. 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. J. M. Atkinson (Acting Colonial Surgeon), Mr. N. J. Ede, and Mr. H. McCallum (Secretary).
MINUTES.
The minutes of the previous meeting were read and confirmed.
BY-LAWS AND CONTAGIOUS DISEASES.
The following two drafts of a by-law to pro- vide for the punishment of any person giving false information in regard to contagious
diseases were submitted
"
Any person who gives false information on such notifications, unless he has reasonable grounds for believing the same to be true at the time of filling in such notification, the burden of proof resting on the party giving such in- formation, shall upon summary conviction be held liable to a breach of these by-laws" (Drafted by the Superintendent.)
"Any person who knowingly gives false in formation concerning the premises in which a case of either small-pox, cholera, or bubonic plague has occurred shall commit a breach of these by-laws."
The following minutes were appended. ----- The President--I am afraid it will prove very difficult to establish the fact that a person has know- ingly given false information.
Mr. N. J. Ede--I recommend the adoption of the by-law adopted by the Superintendent and the alterations suggested by him in the existing by-laws.
The Acting Colonial Surgeon-Instead of these numerous by-laws, some dealing with small-pox, others with plague, I think it preferable to introduce an act similar to the Infectious Diseases Notification
the larger towns in England. Act of 1889 now in force in London and many of
The Acting Captain Superintendent of Police-I agree with Mr. Ede.
The ACTING COLONIAL SURGEON-With reference to the amending of the by-laws for the compulsory reporting of certain communic able diseases I think the recommendation I have made will be answered by the following amendments to the existing by-laws made by the Sanitary Board under section 13, sub- section 24 of the Public Health Act. The first by-law reads: The following by-laws refer to small-pox only." Instead of that I pro- pose The following by-laws refer to the diseases hereinafter specifically mentioned." The second by-law will stand as it at present reads. The third by-law I propose to amend as follows:-"If any inmate of any premises be suffering from small-pox, plague, cholera, dip theria, erysipelas, scarlet fever, typhus fever, enteric fever, or puerperal fever, such inmate, &c.' The fourth by-law I propose to amend by adding the words, "shall on the nature of such diseases becoming known to him to the sentence com- mencing "If any inmate, &c." The object in putting all these diseases in is to make them notifiable.
The PRESIDENT seconded the amendments proposed.
Carried.
The PRESIDENT then proposed that the drafted by-law throwing the onus of proof of innocence on the person giving inaccurate information be forwarded to the Colonial Secretary, together
(October 16, 1895.
with the amendments of the by-laws proposed by the Vice-President, with the request that the law officers of the Crown will put them force.
Carried.
PLAGUE CASES AND MEDICAL ATTENTION.. The Secretary laid upon the table correspon dence concerning two cases of sickness which occurred at 6, Stewart Terrace, Mount Gough, with a view to a definite course of action in the future. Mr. R. C. Wilcox wrote to the Secretary on the 27th September asking for the removal of the cases from the above address as Mr. Wilcox feared plague. The Secretary sent this note to the President, who instructed the Secretary to send to the Colonial Surgeon and ask him if he would be good enough to send a medical officer to accompany the officer of the Sanitary Board, who should be prepared to remove the cases if necessary. The Secretary thereupon wrote to Dr. Atkinson, who replied as follows:-"We cannot be expected to visit private cases of this nature unless we receive a medical certificate that the patients are suffering from an infections disease. If a private practitioner Cannot be found let the cases be sent dow to the Government Civil Hospital. I had a similar case from a Peak residence this week, which was supposed to be plague, and turned out to be simply fever."
•
The following minutes were attached :— The President It cannot be expected that the Colonial Surgeon's service should be available for visiting the sick throughout the colony, though if there is reasonable ground for believing that disease of an infectious or contagious nature has broken out in any part of the colony, it is important that steps should be taken to at once ascertain if such is really
the
case, and immediate action taken accordingly. It appears to me that in future parties making ap plication of this kind should be informed that the Board cannot adopt the course proposed, viz., the removal of the cases without a certificate from a duly qualified medical practitioner stating the nature of the disease the persons are suffering from, and that they are in a fit state for removal, at the same time pointing out that the applicant can remove on his own responsibility the case to the Government Civil Hospital, if he wishes to do so, where they will receive medical attendance.
Mr. Ede-I agree with the President, but at the same time is it not incumbent on anyone suspecting plague to notify the Sanitary Board at once? It is a pity there is not a medical officer at the disposal of the Sanitary Board who could be asked direct by the Superintendent to see any cases when thought necessary, instead of all this circumlocution and let- ters from one department to another. I fancy ours is the only Sanitary Board in existence that has no medical officer at its direct disposal.
The Acting Colonial Surgeon-All this unneces sury trouble would be done away with if the Infec tious Diseases Notification Act of 1889 (England) was in force in this colony. Under that Act "the only reasonable ground for belief that disease of an infectious or contagious character has broken out" is the production of a medical certificate to that effect. Until such certificate is produced I do not see that it is in the province of the Sanitary Board to take action on receipt of the communications like the one in question.
understood the town was divided into two districts- The Acting Captain Superintendent of Police-I West of the Club, Dr. Lowson; East, Dr. Westcott (now Dr. Clarke I take it), and they were to be sent for in case of suspected plague. The Peak is rather beyond the limits, but for a quibble like that the risk of the plague spreading should not have been run. It did not turn out to be plague but they should have been seen.
The Secretary-I am still of opinion that the most expedient course to have taken was for the Medical Officer of Health to have seen the patients before
peans
any further step was taken. Of course with Euro- there would be no great difficulty or hardship in insist- and probably with the servants of Europeans ing on getting a medicial certificate in the first in- stance, but with Chinese such a course is simply im- practicable. I would also point out that it might, in some cases, endanger the sick person's life to insist on his removal to the hospital and have a further reason for the sick person to be seen by a medical officer before making such removal.
The PRESIDENT said that ample arrange ments were made for dealing with cases plague, and in this particular case he did not think that anyone experienced in the matter would have supposed the servants to be suffer- ing from plague. He certainly thought that if a case of plague was suspected the Sanitary Board should be communicated with.
1.