March 24, 1900.J
Messrs. Palmer and Turner to make plans and specifications for 13 Chinese houses in Yanmati, Kowloon. The plans were made and a tender was finally accepted and a contraet made with a certain contractor to complete the work for $19,500. Thereupon, or on the completion of that contract, in the ordinary course of things, Messrs. Palmer and Turner charged Mr. Balilios with 5 per cent. on the total of that contract. Half of this was payable on the signing of the contract and half on the com. pletion of the work. On the signing of the contract, or shortly afterwards, a debit note for half the amount due to the plaintiffs was sent to Mr. Belilios and he paid the money. The contract was made in February, 1898, and the work was to have been completed by November of the same year. The work was, however, still in the contractor's hands on the 7th of December, of that year. In a severo storm a considerable portion of one
or two houses were blown down. Thereupon the con- tractor ran away, and there was an end to that particular contract. Then Messrs. Palmer and Turner, with the consent of Mr. Belilios, set to work to find another contractor to com- plete the work. ile might say that 85 or 90 per cent. of the work had then been completed. Messrs. Palmer and Turner took a considerable amount of trouble in endeavouring to find a new contractor to complete the work for anything like a reasonable sum, taking several contractors over the work and explaining to them what re- quired to be done. Mr Belilies being of opinion That Mesars Palmer and Tarner had been negli gent, took the work, out of their hands and gave it to another architect: The new contractor un dertook to complete the work for $11,500, The work was completed, and his Lordship might re- member Mr. Balilios saed Messrs Palmer and Turner, contending that they had certified for too much. Judgment was, however,'given in favour of Messrs Palmer and Turner. Subsequently the balance of the commission due to the plain- tiffs was paid by Mr. Belilios, who, however, refused to pay the $275 charged for extra services
After the evidence Mr. Fraucis addressed the
court on behalf of his olient.
His Lordship reserved his decision.
March 22nd
IN SUMMARY JURISDICION,
BEFORE HIS HONOR A. G. WISE
(PUIGNE JUDGE),
L. KUI V. MUBSO.
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CHINA OVERLAND TRADE REPORT.
His client refused to reduce the bill. by a cent less than the amount which the architects | had certified as the correct amount. $800 add dollars had been paid into court.
Mr. Looker said the defence was that the work was not done in a proper and workmanlike manner, and he should submit to his lordabi that the fact of Messra. Denison and Ram having certified that the bill was correct was not evidence which his Lordship could receive that the work was done in a proper and work- manlike manner. The plaintiff must prove that it was. Ho Mr, Looker) was prepared to prove
that it was not.
His Lordship-Are you going to set up your knowledge of building against that of Messrs Denison and Ram ?
Mr. Looker-I have another architect, and if necessary I think Mr. Ram would say the work was not done in a proper and workmanlike
manner.
His Lordship-I don't know how Mr. Ram is going to get over his own signature.
Mr. Wilkinson-Nor I, my Lord. After heaving the evidence his Lordship gave judgment for the plaintiff with costs.
HONGKONG SANITARY BOARD.
The usual fortnightly meeting of the Hong kong Sanitary Board was held ou Thursday afternoon, the 15th inst. The President (Dr. J. M. Atki uson, Principal Civil Medical Officer) occupied the chair and there were also prosent: the Hou. R. Dr. Ormsby (Director of Public Works), Lieut.-Col. Ryan, Mr. Fung Wei Chnen. Mr. J. McKie, Mr. E. Osborne, Dr. Clark (Melical Officer of Health), Dr. Hartigan. Mr. F. J. Badeley (Acting Captain Superintendent of Police), Mr. Chau A Fook and Mr. C. W Duggan (Secretary).
THE EXTERMINATION OF RATS.
The first item on the agenda was consideration of the question of certain proposed Adjourned
methods for the extermination of rats.
Mr. McKie minuted-“Are we acting up to tho advice contained in this despatch and its enclosure by spending 81.00 a day only? If we really mean to exterminate rats we should take the matter up far more energetically. The return should be 300 rats a day and not 300 a week."
Lieut.-Col. Rvau "I concur in the remarks of Mr. McKie."
A letter was submitted from the Acting Col onial Secretary to the effect that His Excel. lency the Governor approved of the payment of rewards for rats caught for a further period
of three months.
A report was also submitted from the Secre- Li Kui, of 55a, Hollywood Road, contractor,tary of the Board to the effect that in accord. sought to recover from Madame Muso. of 263, Praya West, widow, the sum of $1,000 for work done. The plaintiffs fall claim was for $1,033-40, but the $33:40 was waired to bring the case within the jurisdiction of the Sum mary Court. 3800 had been paid into Court.
Mr. Wilkinson appeared for the plaintiff and Mr. Looker for the defendant,
ance with the C. S. O. 2.882 of 1899, authority was given for the payment of expenditure in- curred in exterminating rats, and while the necessary traps, etc., were being prepared a further authority for paying two cents a head for each rat caught and delivered at the Sanitary Board's office was given. Six hundred traps were made in the Gaol and 112 tbs. of bird lime procured. A start was made on January 13th. Necessary advertisements were inserted, and to the 6th February only 38 rats were brought to the office, but on this date a new mode of payment was made by the Inspec. tors of the various health districts receiving the rats at the dust carts as they went round and paying the money on the spot. From the 6th February to date (March 2nd) under the new sys- tem 1,136 rats were paid for. The tails of the rats were cut off to prevent fraud and only unmutilated rats paid for. The rate of rat catching amounted to about 300 a week. There had been supplied to Europeans and Chinese on application at the Sanitary Board's office 189 traps, 60 pots of bird lime, and 93 lime boards, The Inspector at Waachai had distributed 43 traps to the Chinese in that district. He might mention incidentally that last year about 1,000 rats were caught by men employed by the Beard within a period of about two mouths in the city of Victoria. At Tsim Tsat Tsai 15 traps, seven lib, jars of birds' lime, and five boards ware issued and 21 rats paid for at the Police Station from 13th January to date.
Mr. Wilkinson said that sotion was brought to recover the amount contracted by the defend- ant to the plaintiff for work done by the plain-up tiff in repairs and alteratious on certain build- ing belonging to the defendaut. Since the completion of the work the defendant had come to the conclusion that the actual work done was Tess than the contract price, and had refused to pay anything more than what she herself thought was the actual value. It appared that the defendant wished to have certain repairs and alterations made to her house, and she instructed Mesara. Denison and Ram to obtain a tender. Teuders were invited and that of the plaintiff's for $1,067 was accepted. The plaintiff completed the work to the satisfaction of the architects—that is, completed it with the exception of some paint- ing. When the work was done with the ex- ception of this painting she wished certain other work done before the painting was pro- ceeded with. They, however, could not coine to terms and the painting was left unfinish. ed. In consequence the plaintiff, at the re- quest of Messrs. Denison and Ram, deduct ed $40 from their bill, which was marked correct" by Mr. Ram. This bill was prosent-
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non-
Mr. McKie minuted—“ Very unsatisfactory."'
ed by his client to the defendant, who declined Mr. OSBORNE moved—“That experiments be
to pay it, asking that $200 should be deducted. ` made by the Board's Surveyor in some section
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of the sewers as to the practicability in Hong- kong of destroying rats by gases, and that in the meantime the Government be informed that the utmost publicity is being given to the offer of a reward for every rat delivered to an officer of the Board."
The PRESIDENT seconded.
Dr. CLARK also spoke on the motion, which was carried.
THE VETERINARY SURGEON'S REPORT, geon) Mr. C. V. Ladds) for the year 1899 was
The report of the Colonial Veterinary Sur
submitted.
On the motion of Mr. OSBORNE, seconded by Dr. HARTIGAN, the discussion on the report was' postponed until the next meeting of the Board.
THE LIME-WASHING PROSECUTIONS. Mr. FUNG WA CHUEN had given notice of the following motion :-" That notwithstanding the provisions of Section 2 of the Public Health Amendment Ordinance, 1900, and in order to avoid unnecessary prosecutions of well-disposed bat careless persons, notices shall, as a rule, be issued from time to time by this Board to the owners or occupiers of houses to remind them that the provisions of certain Bye-laws made under Section 13 of the Public Health Ordin. ance, 1887 (No, 24 of 1887), will have to be complied with or carried out forthwith or within certain stated time, and that prosecution will be instituted on the breach thereof without further notice or delay."
A semewhat lengthy discussion took place on the subject, and ultimately, on the motion of My FUNG WA CHUEN, seconded by Mr. CHAN Foox, the following resolution was carried animously "That notice be given by letter the owners of tenement houses in the city of Victoria during the months in which the said houses and required by the Bye-law made under sub-section 4 of section 13 of Ordinance No. 24 of 1887 to be cleaused and limewashed. sufficient for the Secretary to forward a letter For the purposes of this resolution it shall be
to the person whose name is registered at the Land Office as the owner of the property."..
Mr. USBORNE subsequently said the return as fortnight better results had been obtained than to limewashing showed that during the past
heretofore.
It was decided that in future the return should be circulated among the members.
THE INCREASE TO THE STAFF SANCTIONED,
Letters were read from the Acting Colonial Secretary informing the Board that the Seore- tary of State had approved of the appointment of two additional first-class inspectors and one clerk, and that the present temporary olerk may be placed on the permanent staff.
On the motion of Mr. OSBORNE, seconded by Dr. Hartigan, it was resolved That the Government be ask what decision has been arrived at with respect to the other recommen. dations of the Board which were forwarded at the same time as the above."
PLANS FOR GODOWNS.
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Messrs. Palmer and Turner submitted plans for the proposed re-building of two godowns in Hing Fung Lane, Marine Lot No. 186. They wrote that these godowns were recently burnt down and the owner, Mr. Yeo Fook) wished to rebuild them exactly the same as before and to correspond with the adjoining godown. The plans had been returned to them by the Direc tor of Public Works, who pointed out that it did not comply with section 13, clause b, of Ordinance 15 of 1894, which enacted that in a laue less than 15 feet wide the height of the building to underside of lanes should not exceed 25 feet. The Board had, however the power to authorise a departure from this rule, and they accordingly asked the Board to sano- tion the erection of the buildings to the same height as before.
On the motion of Dr. CLARK, seconded by Mr. MCKIE, the exemption asked for was garnted.
THE RAID AGAINST OWNERLESS DOGS, A report, dated February 28th, was submitted by the Acting Captaiu Superintendent of Police as to the action taken by the police against ownerless dogs. It said :- “All dogs seen by police wandering without collar and badge are seized and taken to the pound at West Point. If not claimed or ransomed within three days they are destroyed. Daring the past two months 25 such dogs have been impounded. Of these 14 were unclaimed and destroyed, one died.