December 1, 1900.]
FOOCHOW.
L
The following items are from the Foochow Daily Echo of the 24th inst.: Several changes have taken place lately in our Consular Service here. Last Monday Mr. Playfair was a pas- senger by the Haiching for home on leave, and Mr. O'Brien Butler has taken his place. Mr. Hughes is due to arrive at Pagoda Anchorage to-day and replaces Mr. Werner, who has been ordered to Hoihow.-Mr. Rickett has handel over charge of the Hongkong and Shanghai Bank to Mr. Wallace and has left for England for a year's holiday.-Many of our readers must have noticed the very neglected appearance of the Chapel in the Cemetery. For many months it has been left in the state we now see it and it is time that those who have charge of the place spent a few dollars for the necessary re- pairs-We are authorized to announce that a burlesque will be performed at the Frivolity theatre on Friday next, the 30th instant. The curtain will rise at 9 p.m. and the management will be obliged if those patronising the enter- tainment will be in their seats a few minutes before that hour.--Though no matches have taken place this week cricket was played on Tuesday and there have been games of hockey on several afternoons, visitors from H.M.S. Mohawk joining in both.
CORRESPONDENCE.
[We do not hold ourselves responsible for the opinions expressed by our correspondents.]
OVERCROWDED TRAM CARS.
TO THE EDITOR OF THE DAILY PRESS.”
Hongkong, 26th November, 1900. SIB, I wish to call attention, in your columns, to the fact that the cars on the Peak Tramway are now frequently overloaded that is to say, they carry more passengers than permitted by the Government. This has gone on, on occasions, for some time, chiefly no doubt because there is a pressure of traffic, and passengers do not like to complain because the accommodation cannot be expanded and they do not relish being made to wait for the next car. But on Saturday night, after the A D... performance, the car was, I consider, dangerously crowded; there could not have been less than sixty in it, about half of whom, of course, were standing.
I think it is time the Government intervened.
CHINA OVERLAND TRADE REPORT.
world. Well, on Thursday H.E, the Governor is going to open the new Blake pier. You gave in your paper some weeks ago the figures show ing the cost of this pier. I have not them by me, but I remember that they were large, From them we should be led to expect an adequate pier, one worthy of Hongkong at last. We have before our eyes a good strong struc- ture, decorated with lamp-posts and, at the moment, with a triumphal arch. No seats, no waiting-rooms, no men's and women's cleak rooms, no shelter whatever from the wind or rain! Presumably in time we shall have the old matshed roofing so dear, apparently, to the official eye--and purse. If we were obliged to spend a lot of money on a pier, why could we not have a proper one? Some improvement on the disreputable old style of roofing was only reasonable. We see none. I suppose that the instructions were given to the firm at home who constructed the pier before the present D.P.W. came into office, so that he is not accountable for this lamentable affair. It is at times like this that we sigh for a few minutes of Municipal Government. Enclosing my card, I am, yours, etc.,
RESIDENT.
[It will be seen from H.E. the Governor's speech at the opening of the Blake Pier that the improvements which our correspondent desires are in contemplation-Ed. D. P.]
DIOCESAN SCHOOLS,
TO THE EDITOR OF THE DAILY PRESS.
Hongkong, 29th November. DEAR SIE-Reports have been freely cir. culated that there have been cases of diphtheria on the above Schools; and, in consequence requests have been made for the withdrawal of children. As such reports, uncontradicted, circulated to the detriment of the schools, and hinder the education of the children, I shall be very much obliged if you will, on my authority, emphatically deny that there has been any case of diphtheria in either the Diocesan School and Orphanage, or the Diocesan Girls' School. Yours, etc.,
R. F. COBBOLD.
SUPREME COURT.
Friday, 23rd November.
IN ORIGINAL JURISDICTION.
Mr. Francis, in addressing the jury for the plaintiff, said that their case was that although there was in fact a certain amount of misdescrip- tion or misrepresentation, it was wholly unin tentional, and did not give rise to this contract. Their contention was that, although the first memorandum was in fact handed by them to the defendant and that it contained what was in fact a misrepresentation, and a very con. siderable misrepresentation, as to the ares of the property, representing it to be some 56 fest in depth instead of 36, still the defendant did not rely upon that, and did not enter into the contract upon that memorandum at all; but that he had further, later, and better information, and means of information, and that from the very nature and character of the transaction itself, they could see that the defendant was not buy. ing or thought of buying a certain number of square feet, but that he was simply buying ten houses, independent of their areas, rentals, and everything else, for the best price he could obtain them for simply and entirely with s view to selling them the next day if he possibly - could do so. There were two points for the consideration of the jury, First he would lay before them positive and direct evidence that on the day on which the defendant signed the agreement at the office of Wilkinson and Grist, and before he signed that agreement, while it was being written out and prepared, there was drawn up before him, and he had full oppor tunity of examining it, and did examine it, not the plan produced but one precisely similar, a copy of the same orginal plan showing the measurements of this particular piece of land, and that the plaintiff and Messrs. Wilkinson and Grist's interpreter were there talking with him for nearly half-an-hour about this plan, this property, and discussing the best method of getting rid of the property at an advantageous price. Admitting that there were mistaken figures in the memorandum, before the signing of the agreement the plan was put before him, and he had an opportunity of seeing what the real figures were. Then the second consideration was, what was the na- ture of the transaction? There were ten houses. The defendant wanted to make a little money for himself. He did not want to invest. He was not looking to this pro perty as an investment. He was simply wanting to buy the property and then to sell it again, and the inducement held ont to him wES that the plaintiff would be able to assist him to sell it and to sell it to some advantage. That was the sole purpose for which he was buying the property. He did not care
Or are they prepared to take the responsibility BEFOre His Honour Sir John CarrING- whether the houses were 30, or 60, or 100 feet of this overcrowding in the cars P-Yours, etc..
CAUTION.
HONGKONG AND THE NETHER- LANDS-INDIES.
TO THE EDITOR OF THR "DAILY PRE88."
Hongkong, 26th November, 1900. SIR,-With reference to my letter of 27th January, 1900, No. 93, I have the honour to inform you that ships or vessels arriving in Netherlands-India from Hongkong are not longer subject to quarantine, the port of Hong; kong being declared to be not longer infected with plague.
The prohibition of importation of some articles is also cancelled, so that all goods can now be imported into Netherlands-India. I have the honour to remain, Sir, your obedient
servant,
DROEZE.
THE NEW PIER.AND THE OLD STYLE.
44
TO THE EDITOR OF THE DAILY PRESS.
Hongkong, 27th November. SIB, Why is it that we can never have any public buildings and works finished in proper style in Hongkong? For many years now we have scrambled along somehow with our Post Office, our Lawcourts, our Harbour Office, our Magistracy, so ridiculously inadequate as to disgrace the Colony. Our landing stages have been of a make-shift order, simply shameful in a harbour whose shipping is the third in the
TON, C.M.G. (CHIEF JUSTICE) AND
A SPECIAL JURY.
CHIU WAH V. CHUE KAN.
afterwards.
wide. He made no enquiry as to the rents. He made no attempt to ask what return for his money he would get from the property. His sole idea was to buy ten particular houses in this In this case (the hearing of which was re-street and to sell them as quickly as he could sumed from Thursday, the plaintiff is a trader residing at 54, Staunton Street, and the de- fendant a clerk in the employ of Messrs Deacon and Hastings, solicitors. It is a claim for the specific performance of an agreement, the de- him with the plaintiff. fendant counterclaiming for $6,000 deposited by
Wilkinson and Grist) appeared for the plaintiff, Mr. J. J. Francis, Q.C. (intructed by Messrs. and Mr. E. H. Sharp (instructed by Messrs. Deacon and Hastings) for the defendant.
On being placed in the witness box, the plain- tiff said that, previous to the interview of the 6th September, when he gave him memorandum No. 1, the defendant had had no dealings with him with regard to the purchase of property, but when he had gone to the defendant to pay his know if he heard of any property being for sale. rent the defendant had told him to let him He agreed to purchase these 10 houses from Fung Wah Chuen for $53,000. Fung Wah (foreman), A. Haupt, P. Jordan, S. Hancock, J. for $400,000. Altogether he thought there The special jurors were Messrs. R. G. Shewan Chuen bought the property at Gilman's Bazaar 8. Van Buren, G. Stewart, and J. M. Beattie. were 53 houses, some being sold for $20,000 Orange), who gave evidence on Thursday after in buying and selling land and property for Mr. Leigh (of the firm of Messrs. Leigh and and others for less. He had been engaged noon, was cross-examined by Mr. Francis. He three or four years. In the middle of last year raid there had not been an enormous boom in the price of land and buildings was g
going up the price of land during the last few years. bit. There was a good deal of buying and The rise in the value of land as far as his know-selling. After the 8th September the next in- ledge went within the last twelve months would terview which he had with the defendant was be, he should think, about 10 per cent. on the 25th or 26th September at night. The He had no difficulty in getting into these houses price of the property had then been settled with in order to inspect them. He would not be the broker. He saw the defendant at Mr. surprised to learn that some of these houses Deacon's office. It was agreed that the defen- sold for $7,500 per house.
dant should pay the bargain money on the 23rd In reply to Mr. Sharp the witness said the September. He prepared two Chinese agres- inflation of prices began when he arrived in the ments (duplicates) and asked the defendant to colony from leave in February last. He assign. The copy produced was one of them, cribed the rise to the political troubles in China. It was dated 21st September. It was signed
Evidence was given as to the arrangments
on that date, and he must have seen the ade by the defendant to go to Manila last defendant on that date" and not on the
25th. Witnom • now ze mid that the defendant on the afternoon
ar.
7
This closed the cass for the defendant.
10th
1