118
Amendments were made in various sections, and sections 25 and 26 of the Bill as read the first time were struck out.
Council resumed.
pro-
The ACTING ATTORNEY-GENERAL-I pose, if hon. members have no objection, to move the suspension of the Standing Orders in order that the third reading may be taken to-day.
Hon. Ho KAI said he had some doubt about clause 4, which prohibited the mixing of in- jurious ingredients with drugs. Would not chemists be liable in mixing drugs prescribed by medical men ?
The ACTING ATTORNEY-GENERAL-With re- gard to what has just fallen from the hon. member I do not think there is any danger of any chemist being prosecnted under this section. The term "* drug" is defined in the Ordinance as including medicine for internal or external use, and if it was made up in accordance with a medi-al prescription it would be a medicine.
The COLONIAL SECRETARY—I beg to second the supension of the Standing Orders.
Standing Orders suspended.
Bill read the third time and passed.
FINANCIAL VOTES.
His Excellency then retired and a meeting of the Finance Committee was held, at which four votes were recommended.
On Council resuming, the COLONIAL SEC- RETARY brought up the report of the Finance Committee and moved its adoption.
The ACTING COLONIAL TREASURER seconded, Carried.
ADJOURNMENT.
His EXCELLENCY-Gentlemen. I am glad to be able this afternoon to adjourn the Council sine die. I do not think it will be necessary for us to meet again until the time arrives for the annnal estimates to be laid before you, probably the first or second week in November. (Applause.)
FINANCE COMMITTEE.
A meeting of the Finance Committee was held under the Chairmanship of the Colonial Secretary.
MINUTES,
The minutes of the previous meeting were read and confirmed.
TYTAM WATER WORKS EXTENSION.
THE HONGKONG WEEKLY PRESS AND
The CHAIRMAN-The first minute is one in which the Governor recommends the Council to vote a sum of $10,000 to cover the expendi- ture of the Tytam Water Works extension during the current year.
The ACTING COLONIAL TREASURER Seconded. Vote recommended.
SANITARY DEPARTMENT EXPENSES.
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to re-vote the sum of $454.37 for the purchase. of conservancy buckets.
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The ACTING COLONIAL. TREASURER Reconded. Vote recommended.
ADJOURNMENT,
The Committee then adjourned.
THE CONSTITUTION OF THE LE GİSLATIVE COUNCIL.
The following Additional Instructious passed under the Royal Sign Manual and Signet making further provision as to the Legislative Council are published in the Gazette :-
VICTORIA R. Additional Instructions to our Governor und Commander-in-Chief in and over Onr Colony of Hongkong, and its Depen. dencies, and to Our Lieutenant Governor or other Officer for the time being ad- ministering the Government of Our said Colony and its Dependencies.
Given at Our Court at Saint James's, this Seventh Jay of July 1896, in the Sixtieth year of Our Reign.
Whereas by certain Letters Patent under the Great Seal of Our United Kingdom of Great Britain and Ireland. bearing date at West- minster the Nineteenth day of January, 1888. Constituting the office of Governor and Com- mander-in-Chief in and over Our Colony of Hongkong, and its Dependencies, We did, amongst other things. declare that the Legislative Council of the Colony should con- sist of such persons as We should direct by any Instructions under Our Sign Manual and Signet;
And whereas, by the Thirteenth Clause of Our Instructions under Our Sign Manual and Siguet, bearing date the Nineteenth day of January, 1888, accompanying Our said Letters Patent, We did constitute Our said Legislative | Council as therein is set forth; and by the Sixteenth Clause of Our said Instructions | We did provide for the precedence of the Members of Our said Legislative Council;
And whereas We are minded to reconstruct Our said Legislative Council:
I.-Now therefore We do, by these Our Ad- ditional Instructions under Our Sign Launel and Signet, revoke the aforesaid Thirteenth and Sixteenth Clauses of Our said Instructions of the Nineteenth day of January, 1888, but vithout prejudice to anything lawfully done thereunder, and instead thereof We do declare Our pleasure as follows:---
August 13, 1896.
III. The Official Members of the Legis lative Council shall take procedence of the Un- | official Members; and among themselves shall take precedence as We may specially assign, and, in default thereof, first the above-men tioned Officers in the Order in which their offices are mentioned (except the Senior Mili- tary Officer, if below the rank of Lieutenant- Colonel in Our Army, shall take precedence after the person lawfully discharging the func-. tions of Attorney-General), then other Official Members and all Unofficial Members according to the priority of their respective appointments, or if appointed by the same Instrument accord- ing to the order in which they are named there-
in.
SUPREME COURT.
IN SUMMARY JURISDICTION.
5th August.
BEFORE MR. T. SERCOMBE SMITH (ACTING PUISNE JUDGE.)
CHINA EXPORT, import, and bANKING COM-
PANY V. OCEAN BTEAMSHIP. COMPANY. “.
Plaintiffs sought to recover $800 from the defendants, the amount being the value of a case of cutlery consigned to the plaintiffs by the steamship Polyphemus but not delivered.
Mr. Dennys appeared for the plaintiffs and Mr. Mastor represented the defendants.
Mr. Dennys said the case of cutlery was shipped in Liverpool on board the steamship Polyphemus under a bill of lading making it deliverable to the plaintiffs. According to the plaintiffs, the case had not been delivered to them, and there- fore they claimed the value of it. On the 20th June the bill of lading, which the plaintiffs still have in their possession, was presented at the office of Messrs Butterfield and Swire and somebody in their employ marked the bill of lading "Deliver on endorsement, P. 8." The bill of lading was then taken to Messrs. Butterfield and Swire's godown at Wanchai, where the cargo had been landed, and presented. to the godown man. The man who took the bill of lading was informed that the case could not be found, and it was suggested that it had been given to somebody else by mistake. On the 27th Jane, however, a message was sent to the plaintiffs' godown man that the case had been found and the defendant's godown man offered to the plaintiffs' godown man a case, the top of which was off and the tin lining partly cut away. Plaintiffs' godown man refused to take the case as it was not in good order and condition. Ab the whole point in plaintiffs' case. They had not received the case, but counsel thought it fell into the water some time afterwards from was only right to state that the case somehow
plaintiffs should sell the case by auction. a cargo boat, and it was then suggested that
The CHAIRMAN-The next minute is one in shall consist of the Governor, the Lieutenant far as the law was concerned that was, really
which the Governor recommends the Council to voto the following sums to ineet certain expenses in the Sanitary Department:-For Incidental Expenses, $1,000 for Scavenging the City and Villages, $1,200; for the Main
tenance of Markets, $375.
Hon. Ho KAI-I should like to know some. thing about the item. incidental expenses.
The CHAIRMAN That includes chiefly the expenses in connection with the inspection of
house drains. A sum of $2,400 was voted last year and out of that only $1,060.73 has been spent. It practically means a re-vote.
In
II. The Legislative Council of the Colony Governor (if any), the Senior Military Officer, for the time begin in command of Our Regular time being lawfully discharging the functions Troops within the Colony, the persons for the of Colonial Sec etary, Attorney-General, and Treasurer of the Colony, and such other persons holding offices in the Colony, and not exceeding three in number at any one
time, as at the time of the receipt of these Our additional Instructions in the Colony
are Official Members of the said Council, or as We may from time to time appoint by
any Instructions or Warrants under Our Sign
Mr. Master wished to know whether plain- tiffs' contention was that the case which was
offered to their godown man at Wanchai was the particular case mentioned in the bill of
lading.
};
addition to the amount for the inspection of Manual and Signet, and all such persons shall of lading for a case of cutlery and that case had
house drains a sum of $400 is required for miscellaneous expenses.
It is a small sum, but if you wish you can obtain information as to the items at the Sanitary Board office.
The ACTING COLONIAL TREASURER seconded..
Vote recommended.
REFUNDS OF REVENUE,
The CHAIRMAN—The third minute is one in which the Governor recommends the Council to vote a sum of $5,000 to cover the amount under estimated in respect of refunds of revenue.
Hon. C. P. CHATER-I suppose we shall have to pay the 17 per cent. on this $5,000 as well. (Laughter.)
The CHAIRMAN--The refunds must be paid, so we must have the money.
The ACTING COLONIAL TREASURER Seconded. Vote recommended.
THE PURCHASE OF CONSERVANCY BUCKÉTS, The CHAIRMAN-The last minute is one in which the Governor recommends the Council
be styled Official Members of the Legislative Council; and further of such persons, not ex- ceeding six in number at any one time, as at the time of the receipt of these Our Additional Instructions in the Colony are Unofficial Mem- bers of the said Council, or as the Governor, in pursuance of any Instructions from Us, through one of Our principal Secretaries of State, may from time to time appoint by any Instrument under the Public Seal of the Colony, and all such persons shall be styled Unofficial Members of the Legislative Conncil.
Every person who at the time of the receipt of these Our Additional Instructions in the Colony is an Unofficial Member of the Legis- lative Conncil may retain bis seat until the end of six years from the date of his appointment, and every Unofficial Member appointed after the receipt of these Additional Instructions shall vacate his seat at the end of six years from the date of the Instrument by which he is ap- pointed.
His whole point was that plaintiffs had a bill Mr. Dennys replied that a case was offered.
not been delivered, and they sued for the value of the case ou the day of its arrival in Hong- kong.
Mr. E. Thoenert, who is in the employ of the plaintiff firm, bore out Mr. Dennys's statement and added that the case contained 200 dozen table knives and 200 dozen desert knives, and the value of them was $2 a dozen. When he saw that the case had fallen into the water he wrote to the defendants stating that plain tiffs refused all responsibility as the case had beon dropped into the water owing to the care lessness of defendants' coolies: The contents were wet and as they would get worse and worse a Mr. Fullerton, of Messrs. Butterfield ar Swire, suggested that they should be sold auction.
In cross-exammation witness said tiffs admitted that defendants had livery of the case, but intiffs accept solely on the ground aged by sen water. had not
damage