August 11, 1902.]
SUPREME COURT.
Wednesday, 6th August.
IN ORIGINAL JURISDICTION,
BEFORE HIS HONOUR W. Meigh
GOLDMAN (CHIEF JUSTICE).
SORABJEE BYRAMJEE BHABBA 1. CHAN CHEUN CREONG.
This was a claim for $1,534.66 damages, alleged to have been sustained by reason of the defen. dant's negligence in suffering his lenses. Nos. 32 and 34. Cochrane Street, to remain in such bad repair that they fell and damaged the plaintiff's house, No. 31, Cochrane Street,
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Mr. M. W. Slade, barrister-at-law (instructed by Messrs. Wilkinsou & Grist, Solicitors). appeared for the plaintiff. The defendant was not represented in Court.
CHINA OVERLAND TRADE REPORT.
AN EMIGRATION ORDINANCE
CASE.
At the Magistracy on the 8th inst.. Mr. F. A. Hazeland delivered the following decision in a caso in which James Williamson. master of the Chinese-chartered steamer Telemachus, was charged with violating the provisions of the Chinese Emigration Consolida tion Ordinance, 1889:- The defendant was charged before me nuder Section 6 of Ordinance No. 1 of 1889 (Chinese Emigration Consolidation Ordinance, 1889) with proceeding to sea on a voyage of more than seven days duration with on't being provided with a leence under the hand of the Governor and the public seal of the Colony. The said section is as follows:-" No Chinese passenger hip shall clear out or pro- | ced to sea ou a voyage of more than seven days' duration and the Emigration Office shall not grant the certificate prescribed by Section 4 of the Chinese Passenger Act, 1885, unless In his statement of claim, the plaintiff said the master of such ship shall be provided with a ❘ that he resided at 2, Hollywood Road and was liceuce under the hand of the Governor and the the owner of the house 31, Cochrane Street, public seal of the Colony, or under the hand L'efendant resided at 44, Stanley Street and was and seal of an emigration officer to be obtained the owner of the houses, 32 and 34, Cochrane in manner hereinafter mentioned." The facts Street. The defendant's houses were of such of the cave are £8 follows: The British faulty construction and the defendant kept steamship Telemachus, of which the defendant them in such bad repair that on the 14th of is master, left Hongkong cu the 6th July. 1902, August, 1901, the houses fell and in their fall at a m., for Hoihow, with 400 Chinese pas broke and tore down the verandabs of the plain-rougers. She arrived there on the 7th July. tiff's houre and damaged the front of it. I. 1902, at 12 noon. On the 8th July, 1902, at consequence of the aforesaid default and neglect 3 pm, she left again for Singapore. It was of the defendant, the plaintiff was compelled to further proved in evidence that the said 400 re-erect the verandahs and repair the front of passengers had tickets issued to Hoihow, his house at a cost of $1,060 and lost five and a which were collected before arrival at Hoihow, half months' lent amounting to $473, less $33 34 it was furthur proved in evidence that the same received for storing goods en the ground floor. 400 a passenger proceeded on the said Telesmchus In his defence the defendant denied that he was to Singapore, being' provided with other tic etc the owner of the houses, 32 and 34, Cochrane at Hoihow. These said tickets were collected Street. He a mitted that these houses fell on before the steamea artiled at Singapore. 14th August, 1901, and damaged the house, 31,
By Government Notification No. 1 of 1884, made Cochrane Street. But the said fall and damage pursuant to Section 3 ofthe Chinese Passengere were not due to any neglect or default on the Act 1885, it is declared that a voyage to the defendant's part. The damage did not amount Straits ettlements should be computed to be to $1,499.66 or any sum near thereto. In his of nine days' duration. The question for my reply to this defence, the plaintiff stated that if decision is whether the Temachus on the 6th the defendant was not now the owner of the July, 1902, proceeded to sca on a voyage to houses 32 and 24, Cochrane Street, which was Singapore or Hoihow.
I think I am right in not admitted, he was the owner on 14th August, applying to th ́sease the doctrine which is known in International Law in connection with con- Mr. Elade said that at the last moment the traband-carriers and blockade-runners as the defendant had withdrawn and was not now doctrine of the ccutinnous voyage." If the con- appearing by counsel to uphold the defence he traband cargo was destined when it left the had set up.
This case was an echo to the port of shipment for the use of the enemy, no Cochrane Street disaster of two years ago when principle of the law of nations and no consider- the houses 32 and 34, (ochrane Stret collapsedation of the rights of neutral commero could and killed a number of the inhabitants and fell across the street, breaking the house opposite which belonged to the plaintiff. Ho submitted that he need not piore actual negligence on the part of the defendant. The case of Fletcher v. Rylands ("Smith's Leading Cases "), laid down the maxim sic utere tuo ut alienum non lædus; the defendant was liable on the mere fact that his house fell on the plaintiff's land and broke his house.
1901.
Evidence was then taken as to the ownership of the houses in question and the amount of damage done.
Mr. G. H. Wakemen of the Land Office gare evidence as to the ownership of the houses.
Mr. H. P. Tool er, executive engineer, Public Works Department, deposed that he attributed the fall of the two houses to defective walls and alterations being made which were unauthorised by the Fublic Works Department.
Mr. H. C. Wilcox gave evidence with regard to the amount of damage done to No. 31, Cochrane Street.
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His Lordship gave judgment for the plaintiff, remarking that there could be no doubt it was pretty strongly laid down that if the owner of a house allowed it to get into a ruinous condition so that it or some part of it fell down he was liable not only for the injury done to persons but also for the damage done to neighbouring houses.
The Court adjourned.
Fire broke out between three and 4 a.. on the 5th inst. in a store occupied by Chinese at 17, Circular Fathway, spreading to the first and second floors-Chinese dwelling- houses. The ground floor was gutted and the others seriously damaged.
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sanction the view that the mere touching at a neutral port either for the purpose of making it a new port of departure oir for the purpose of transhipment ought to exempt the vessel or cargo from capture. It made no difference whether the destination was ulterior ordirect, nor could the transhipment at a neutral port break the of continnity the of transportation. The interposition of a neutral port has always been a favourite resort of contraband-carriers and blockade-unuers, but it nerer availed when the ultimate destination was ascertained; the fiam portation remained continuous as long as the intent remained unbanged, no matter what stoppages or tashipments inter vened. With respect to the defence of a mens rea raised by the defendaut, I អ េ of opinion that knowledge is not essential to the offence created by the Ordinance, the object of the Legislature being to protect Chinese passergers going on a voyge of more than seven days, and it must be supposed that they intended the wrong doer should act at his poril. I hold therefore that this voyage was a voyage to Singapore and rot a voyage to Boibow. I therefore convict the defendant, and order him to pay a fine of $500, in default of which ho will be in prisoned and kept to hard labour for six mouths.
Mr. H. L. Dennys, Acting Crown Solicitor, prosecuted, and Mr. J. Hasting defended
The Order of the Fising Sun, third Japan upon Mr. Charles Holme, Honorary class, has been conferred by the Emperor of Secretary of the Japan Society, and the Order of the Sacred Treasure, third class, upon Mr. P. ul Bevan, Honorary Treasurer, and Mr. Marcus B. Huish, Henorary Librarian, also of the Japan Society.
THE KOWLOON BRIGADE GYMKHANA.
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S.B.R.A. and the Indian Brigade was held A gymkhana promoted jointly by the H.K. on the 5th inst. nt Happy Valley. It had had to be postponed more than once on account of the bad weather and therefore the completa success which attended it yesterday was all the of the military and the general public. His more gratifying. There was a large attendance Excellency Major General Sir William Gag present and followed the varions events with coigne, K.C.M.G., and Lady Gascoigne were interest. The band and pipers of the Indian regiment played selections during the after- noon and the whole arrangements were ably carried out by a Committee of the officers of the falling upon the shoulders of Lieut. G. B. Kowloon Garrison, a big share of the work Thornhill. As was to be expected the going
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and this led to one unfortunate accident; in the was rather leavy owing to the recent rains, polo scurry race the pony of Mr. K. McRoss (Messis. Jardine, Matheson & Co.) fell and the rider was thrown heavily and had his collar- bone fractured. tended to his injuries. Major Gywnne was also Lieut. Stephen, I.M.S., at-
not severely burt. thrown at the end of this race, but was follows:-
The results were as
SEPOYS RACE - Mile. H.K.R.; 2, Rafi Bu, H.K.R.; 3, Shoon-Avadar Najab Khan
22nd B. I. The finish was very close.
ap dismounted, with ponies, mount, ride bare S DDLING RACE. Competitors to line backed to saddles: saddle up and ride back.- deal to spare. Mr. W. A. Cruickshank. Won with a good
Open to bona fide polo ponies.
POLO SCURRY-2 Furlongs -Catch weights. Mr. E. C. Pontifex and Hon. F. H. May finished a dead heat, after an exciting race.
LADIES' NOMINATION-100 Yards.-Gentle- man to ride bicycle, lift it over a hurdle, ride to lady who will light cigarette in gentleman's hurdle-Lieut. H. S. Moberly, nominated by m uth and gentleman will ride back round
Mrs. Saunders, won without much difficulty.
sented by His Excellency the General Officer TENT PEGGING–3 runs.—Prize kindly pre-
competitors; after an exciting contest the prize Commanding. There was a big number of
was secured by Mr. W. A. Cruickshank.
LADIES' NOMINATION-Farm Yard Stakes. Gentleman will be given name of animal, ride to ludy and make noise of animal. Lady will write name on blank sheet of paper, place it in envelope and seal it and hand envelope to gentle. man, who will ride back to starting post. First in with name of animal correct wins. This race caused some amusement. It was won by Hon. F. H. May, nominated by Mrs. Beeton.
BENDING RACK.-Open ponies-8 Posts 8 yards apart. A close contest to horses and
resulted in a win for Majer J. H. Gywnne.
prizes were presented to the winners by Lady At the conclusion of the gymkhana, the Gascoigne, who was introduced by Major Berger and gracefully performed the ceremony. Three- cheers were afterwards given for Lady Gascoigne on the call of Major Berger, this closing the proceedings.
HONGKONG.
Mr. H. E. Nicho'le, Local Government Auditor, returned to Hongkong on the 1st inst.
11.E. the Governor, Sir Heny A. Blake, will probably arrive in the Colony on the 19th instant.
After almost twenty years' service in that Police Force of the Colony, Inspector Donald McLennan left in the Kiautschou on the 7th inst. for home. Inspector McLennan was a capable officer and a crack shot.
At matins on the 3d inst. in S. Joln's Cathedral the Rev. F. T. Johnson, M.A., preached his first sermon as Senior Chaplain. congregation present. The typhoon was responsible for the very small
Mr. L. A. M. Johnston, the newly appointed the Postmaster-General of Hongkong, is son of
deceased Mr. W. Johnston of Ballykilbeg, who was a M.P. for Belfast South, well known figure in the House of Commons.