82
The applicant's architects, Messrs. Denison, Ram & Gibbs, in their letter explained that the building was of such a nature that if they complied with one section they would probably contravene another. They therefore applied for exemption.
Mr. Rumjahn minuted: Grant.
THE HONGKONG WEEKLY PRESS AND every pawn or pledge so taken in or received by him or them, to be levied and recovered by warrant under the hand and seal of one justice of the peace where the offense is committed; and the person
·
or persons to whom any such pawn or pledge doth or shall belong, shall have the same remedy Hon. Pollock minuted: Grant under the for recovering such pawn or the value thereof, circumstances.
The application was granted.
OTHER MATTERS.
Applications regarding a bake-house and a laundry were discussed and treated on their
merits.
The report of the Sanitary Surveyor for the second quarter of 1904 was laid on the table.
The Mortality Statistics for the week ended the 16th inst. was laid on the table. It showed the following figures, the death-rate being per 1,000 per annum :---
Weeks ended 16th Same
9th inst. inst. week '03.
British and Foreign
civil population... ...25.7
20.5
Chinese population ...26.0
13.3
20.6 17.7
The whole Colony
25.9
13.5
17.9
excluding Army & Navy The Limewashing Return showed that fines during the fortnight ended 19th inst. amounted to $249.
The Rat Return showed that out of 328 rats caught at Hongkong during the week ended the 25th just. 21 were infected rats; and that out of 228 rats caught at Kowloon ten were infected.
IMPORTANT JUDGMENT RE
CHITS.
In the Civil Summary Court at Shanghai, on 15th July, Mr. J. C. E. Douglas, Acting Assistant Judge, in re Central Stores, Ld., v. W. M. Harvie, gave judgment as follows:-
as if it had never been pledged.'
80 far
By the Statute 25 and 26, Vict. c. 38, the above enactment is repealed but. only as relates to spirituous liquors sold to be consumed elsewhere than on the premises where sold, and delivered at the residence of the purchaser thereof in quantities not less at one time than a reputed quart."
By Section 182 of the County Courts Act 1888. 51 and 52, Vict. c. 43, being a re-enactment of Section 4 of the County Courts Act 1867, 30 and 31, Vict. c. 142, it is provided as follows
44
No action shall be brought or be maintain- able in any county or other court to recover any debt or sum of money alleged to be due in respect of the sale of any ale, porter, beer, cider, or perry which was consumed on the premises where sold or supplied, or in respect of any money or goods lent or supplied or of any security given for, in, or towards the obtaining of any such ale, porter, beer, cider, or perry."
These statutes contain certain limitations which the legislature in England has thought fit to impose on the sale on credit of intoxi- cating liquors and having regard to Article 5 of the Order of Council of 1865 and to the fact that there is nothing in these statutes in any way limiting the sections quoted or making. them inapplicable to the circumstances which prevail here, I have no alternative but to apply them so far as they are applicable, if at all," to the circumstances of the present case.
The object of the legislature would appear to be the protection of a certain class of people from the temptation to immoderate drinking and, given a similar class of people here to-day and a similar temptation, there can be no ques. tion as to the applicability of these statutes or of the right of these people to this protection.
allow a contract for an immoral or illegal consideration to be enforced. It is desirable to discourage certain practices, and this is done by the refusal of legal remedies in certain cases.
This is a summons taken out by the plaintiff It must be noted that the law, in a sense, is compray against the defendant claiming the not absolutely prohibitory but simply says if a sum of Mexican dollars ninety-four and cents certain sort of contract is made it will not be seventy, being an account due from the defen-enforceable, in the same way as it does not dant to plaintiff for refreshments supplied to the defendant at his request. At the hearing of this summons Mr. A. H. Campbell on behalf of the plaintiffs stated that he held chits in support of this claim, and that some of them were given før wines, cigars, spirits, and aerated waters; that as regards these drinks they were supplied to the defendant over the bar of the Central Hotel, two or three drinks at a time. He, moreover, stated that the defendant was not staying in the hotel at the time when any part of this debt was contracted. The defen dant admitted the whole claim, but the facts before me raised the question whether the plain. tiffs were legally entitled to a judgment against the defendant on the whole or any part of the claim having regard to the statutes in force with regard to claims of this nature.
By section 12 of the Statute 24, Geo. II. c. 40, it is enacted as follows --
[July 30, 1904.
THE WAY OUT.
A decision has been rendered on the way to
write a ohit,
By a judge well steeped in wisdom and the
law,
And in brief his finding reads that if you leave
it blank you're "It,"
When a summons is presented at the door. ** Contrary-wise, if you inscribe the nature
of the drinks
Upon the piece of paper's virgin face, You can owe a thousand dollars (this is where
the bar-keep winks),
And keep the summons servers on the chase. For, according to His Worship who the finding
handed down,
And whom ten thousand topers have to
thank,
Neglect to specify may mean in this enlighten-
ed town.
'Twas devilled bones or sandwiches you
drank.
So, impecunious, one and all, of low degree and
high,
At whose signature the bar-boy blandly
blinks.
You'll save a deal of trouble and expense if
when you buy.
A cocktail or a peg. you name the drinks. [H. M. Ayres in Shanghai Times.]
CANTON LAND CO., LD.
GENERAL MEETING.
The sixth ordinary general meeting of share- holders in the Canton Land Company, Ld., was held in the offices of the Company, No. 14 Des Voeux Road, on the 23rd inst,” Hon. R. Showan presided, and there were also present Messrs. A. Babington, E. 8. Kadoorie, Fung Wa Chun, and H. Rutherford (secretary).
The SECRETARY having read the notice convening the meeting,
The CHAIRMAN said-Gentlemen,----With your permission we will follow the usual course and take the report and accounts, now befoar you, as read. There is nothing of special interest to remark in regard to the year's business.
The collection of rents has gone on satisfactorily, but you will notice that in these accounts we have written off rents due in previous years which, owing to the old trouble with the Kaifong, we have been unable to get It is not for me to consider, beyond the in. I am sorry to say that I fear the rent from circumstances of the present case, any limita- the jetty will be considerably reduced in future, tions which have been put upon the Statute of as the access to it is being impeded greatly by 24, Geo. 2, c. 40, by the Courts, or which it the steamers lying across our property at the might be argued should be put upon it by the wharves on either side. We are, of course, actual wording, which is certainly not free from doing our best to obtain compensation for this. We have not recommended a dividend this year doubt. I may say, however, it is essentially a poor man's Act. It is known as The Tippling as we are negotiating with the authorities at Canton for the reclamation of the unfilled Act,' and has for its object the protection of a certain class of people from immoderate drink-portion of our land, and if this goes through we ing which may be indulged in by the purchase shall require all the money we have in hand to
pay for the work. on credit of intoxicating liquors at public bars. I am well aware that in this community a great many contracts are entered into and faithfully carried out which strictly speaking are not capable of being legally enforced, and I see no objection to that, but when a case comes into Court I can only deal with it according to the law as it stands.
"That from and after the said first day of July one thousand seven hundred and fifty-one no person or persons whatsoever shall be intitled
In this case the defendant admitted the debt, unto or maintain any cause, action or suit for,
but stated that he was not in a position to pay or recover either in law or equity, any sum or sums of money, debt or demands whatsoever, for and he did not desire to offer any evidence on or on account of any spirituous liquors, unless the facts. I am only able, then, to consider such debt shall have really been and bona fide the question on the admissions of the plaintiffs The contracted at one time, to the amount of twenty and on the chits which are before me. shillings or upwards; nor shall any particular plaintiffs, however, were desirous that I should on this evidence consider how much of the article or item in any account or demand for distilled spirituous liquors be allowed or main-claim was legally enforceable. I have examined tained, where the liquors delivered at one time the chits and I find that a good many of them and mentioned in such article or item, shall not were given for cigars and cigarettes, others, it amount to the full value of twenty shillings at appears probable, were given for tiffins or dinners, the least, and that without fraud or covin; and and the rest, with two exceptions, do not state where no part of the liquors so sold or delivered the nature of the refreshments supplied. The shall have been returned or agreed to be return two exceptions mentioned, being two chits for ed directly or indirectly; and in case any retailer 80 cents each given for drinks concocted with of spirituous liquors, with or without a licence, brandy and gin, are clearly within the statutes, shall take or receive any pawn or pledge from but, as regards the rest of the claim, there is any person or persons whatsoever, by way of nothing before me on which I can decide that security for the payment of any sum or sums of it is not enforceable by reason of the statutes. money owing by such person or persons for such spirituous liquors or strong waters, every such person or persons offending herein shall forfeit and lose the sum of forty shillings for each and
On these facts there must be judgment for the plaintiffs for $94.70 less $1.60, that is to say, for $93.10, and they will be allowed $3 for the costs of the summons.-N.-C. Herald.
|
No questions being asked with regard to the report,
The CHAIRMAN moved the adoption of the report and accounts.
Mr. KADOOBIE seconded, and the motion was agreed to.
Mr. FUNG WA CHUN moved the re-election of Mr. W. Hutton Potts as auditor.
The CHAIRMAN seconded, and the motion was agreed to.
Mr. BABINGTON moved the election of Messrs. Chau Fang Shang, Poong Man Hing, Fung Wa Chun and R. Shewan to the Consulting Committee.
Mr. KADOORIE seconded, and the motion was agreed to.
This was all the business.
Letters from the China Station to the Navol and Military Record state that on Monday, May 9th, a court-martial was held on board the battle- shtp. Centurion at Hongkong, for the trial of Engr.-Commander William J. Bevan, of that ship, on a charge of "being incapacitated from Capt, the Hon. F. duty through alcoholism." G. Stopford, of the Glory, was president of the Court, and Capt. F. F. Fegan, M.V.O., of the Centurion, was the prosecuting officer. accused pleaded guilty, and was sentenced to forfeit two years' seniority and to be dismissed his ship.
The
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