:
November 5, 1904.]
would not have occurred. If the Colony is pro. vided with an officer who lacks ability to detect any defect in drains, the Colony might run great risk of outbreaks of diseases.
Mr. POLLOCK took it from what was said, there WE8 nothing to show that the Sanitary Surveyor Mr Rumjahn referred to had anything to do in the passing of these particular drains. He had much pleasure in seconding Dr. Atkinson's motion, which was carried.
THE VERANDAH QUESTION,
An application was made under Section 139 of the Public Health and Buildings Ordinance 1903. for permission to enclose the side of verandah to house No. 408. Des Voeux Road West. There was a minute by the Director of Public Works to the effect that the application be refused, as permits to erect verandahs were not given with the intention of the verandahs being used as rooms.
Mr. POLLOCK considered that permission should be given to enclose the end of the verandah.
MORTALITY STATISTICS.
The mortality statistics for the week ended the 15th October were laid on the table. It shows
the following figures. At a death rate per 1,000 per annum :----
British and Foreign_Community, 15.4. Same week last year, 20.6.
Chinese Community, 22.1. Same week last year, 18.8.
SURVEYOR'S QUARTERLY REPORT.
Mr. H. T. Jackman, sanitary surveyor, gave the following report for the third quarter of the present year
Plans have been deposited and passed for the drainage of 54 houses; plans for 211 houses
were carried forward from 1903, and 151 from the first and second quarters of 1904. making a total of 416 in hand during the year.
The drains of 124 houses have been completed and 28 cancelled during the year, leaving 264
carry forward.
f
CHINA OVERLAND TRADE REPORT.
SUPREME COURT.
Friday 28th October,
IN SUMMARY JURISDICTION.
+
BEFORE HIS HONOUR T. SERCOMBE SMITH (PCISNE JUDGE.)
SMALL DEBT ACTION
Man Chien Toog sued Fat Shing Tak Kee on a claim for $90, being the balance due for goods sold and delivered to the defendant by the plaintiff.
Mr. F. X. d'Almada e Castro appeared for the plaintiff.
Judgment was given for the plaintiff with costs.
Thursday, 3rd November.
IN BANKRUPTCY
BEFORE SIR H. S. BERKELEY (CHIEF JUSTICE.)
RE A. M. C. DA SILVA.
Andre Maria Carneiro da Silva, of No. 40. Elgin Street, clerk, appeared for public examina- tion in bankruptcy.
7
Mr. Bruce Shepherd (Official Receiver) con- ducted the examination.
Debtor said he was formerly a clerk in the Post Office. He retired on of $50 about ten years ago. Before being a pension
pensioned he borrowed money from Indian money lenders. owing to sickness in his family. The creditors began to press in 1894. He filed a petition in bankruptcy in 1900. Some of his creditors sued, him. He had won-ys besides his pension, and he prom sed to pay
per cent. paying
the creditors 50 month.
£
He
He owed altogether about $4,000. had borrowed money from his sister, which he
Notices for repairs or alterations to the drains had never been able to pay. His sister withdrew
of 90 houses have been received during the quarter; 58 were carried forward from 1903 and 120 from the first and second quarters. making a total of 272 in hand during the year. Of these 116 have been completed and three Cancelled, leaving 53 to carry forward.
Certificates have been granted to 11 houses that they have been built in accordance with the provisions of the Ordinance.
The drains of 34 buildings have been in. spected and reported on as defective. Of this
nuinber 19 require reconstructing and 15 repair ing. Notices have been served calling upon the owners to execute the necessary work.
In addition to the above. 3.865, houses have been inspected by the Drainage Inspector with the result that 546 drainage nuisances have been discovered. Notices have been served iu each case on the owner or occupier. to abate the nuisance.
Twenty-two nuisances have been reported to the M. O. H. and 60 to the Hon. D. P. W. to be
dealt with by them.
One hundred choked drain traps on private property have been cleansed by the Drainage Inspectors.
RATS'
The rat return was laid on the table. During the week ended the 31st ult. 345 rats (including four plague-infected rats)
were caught at Hongkong, and 257 (including two plague- infected rats) at Kowloon.
*
According to a Tokyo dispatch, now that the contract of Mr. Megata as the Financial Adviser to the Corean Goveroment has been signed, the Japanese Government will make the protectorate of Corea an accomplished fact first of all in the financial administration and by means of the curtailment of the army expen- diture, while the total abolition of expenditure of Corean Legations abroad will be immediately carried out. In other words, says the Kobe Chronicle, the Japanese Army will be quite sufficient for Cores, and Japanese diplomats are considered very well able to look after Corean interests. If true, this means that Corean "independence" is at an end. Hitherto the statement that the Corean Legations were to be abolished has been positively denied in Tokyo.
P
her claim so that he might be able to clear himself from debt, paying 50 per cent. of what he owed to the other creditors. The creditors agreed to this.
Justice offered no objection to a composition. The examination being concluded the Chief
The settlement. however, is postponed till after a further m-eting of creditors.
RE CHINESE THEATRES.
The affairs of the Tung Kee Firm, lately of the Colony, doing business at the Tsung Hing Theatre, at Po Hing Fong in the Colony, as
theatre lessees. were the subject of examination.
Mr. Bruce Shepherd examined Hong Cheung Yim, described as a partner in the Tung Kee Firm. The man said he was a theatrical manager. and got companies down from Canton to play at the Tsung Hing Theatre, at intervals from July last year to August this year. Before then he had a silk shop at Canton.
335
Out of a capital of $8,000! Where did you get the money from?-Borrowed it from friends. ; $2,000 in one lot and Tls. 3,000 in another.
Nearly $17,000 altogether ?—No, not so much. but including $5,000 rent it comes to that. Hare you paid your friends yet?—No. What is the debt of the estate?---$34,383. The lease was lately determined, when I agreed still to pay the rent for four years.
Is that not a very stupid contract to make? I was advised by a solicitor.
What solicitor?—Mr. Deacon. He was employed by Mr. Ho, the lessor.
Did you not have a separate solicitor to advise you? No.
Simply signed what they told you ?--Yes. How did you expect to repay the money ?---- I have no money now.
Mr. G. K. Hall Brutton, solicitor, asked that the man be adjudged bankrupt.
There were no objections.
His Lordship made out the order, and the Official Receiver was appointed trustee
:
RE CHOW YUEN.
&
Chow Yuen, lately residing at No. 171, Police Station Street, Mongkok, in the Colony, con- tractor. was examined. He said he had boarding house for travellers. He was sent to prison for debt, and some friends were carrying on the business. They were not, however, carrying it on for him. He had also been a coolie contractor, supplying coolies for South Africa. He had contracted with Messrs. Butterfield and Swire for the last ship- vessel arrived late, and the coolies were left on ment of coolies, but had lost heavily on it. The
his hands a long time.
Mr. Bruce Shepherd-Well, then, they broke the contract as to when the ship should arrive?
-Yes.
'Did they not compensate you?—Yes, they paid me about half.
Why not; in full ?-They gave me
&
few thousand dollars and the matter was ended.
What was your claim ?-$20 per passenger. and there were 1,700 of them. They only gave
me $7,600. The agreement was that if th ship was late they should pay me $20 a head, and if I failed to supply the men. I should be fined $20 each for all that were not forth- coming: Altogether, I was to be paid $62 për · man, including food, clothing, etc. tenths of the men ran away after eating up all the food. I only sent 500 men, whereas I should have seat 1.700. Messrs. Butterfield only gave me half of what I asked for.
Seven-
But what right have you to settle with them in prison for debt?--Yes I owe the compradore to lose your creditor's money? You are still
of Messrs. Butterfield and Swire $6,000, and he, holds a mortgage on my property.
Mr. Bruce Shepherd-It appears. My Lord. from what he says that Messrs. Butterfield.an | Swire have stuck to the $6,000 besides only paying half what they should.
His Lordship-That may or may not be so. Mr. Bruce Shepherd-Are you not pra-
Witness, continuing, said he paid the Kwong prietor of the Koo Shing Theatre-No, I Kung Wo Rice Shop in full, though they attend to matters for the proprietor.
Shing Theatre-Yes. I retained my position there when I took out a four years' lease of the Tsing Hing Theatre at $1.250 per month.
Do you still manage the business at the Koo
Shing Theatre should do better business-No. Who carries ou the Koo Shing Theatre- The Wing Kee Firm.
Did you close your theatre so that the Koo |
Are you not a partner in the Wing Kee Firm No. I have no interest in the Wing Kee Firm. which is the same as the Koo Shing Theatre.
Who leased the Tsung Hing Theatre to you?-Ho Lok Law.
Why did you close the Tsung Hing Theatre? -Because I was losing money there.
Was it because the rent was too dear?-The rent was dear, but my doing poor business was principally due to the 'I ai Ping Theatre starting in opposition.
Who were your partners in the Tsung Hing Theatre-Chan Wok Shan.
How much did you put into the business?— $6,000.
And the other?-$2.000. Has your partner no money? No, he only works.
Where-At Dodwell & Co.
Did you give a deposit to Mr. Ho account of the lease 7-Yes, $10,000.
on
sued him for $1,800 because of extra provisions required on account of the delay.
for the delay, and did not pay anything to the Mr. Bruce Shepherd-You got compensation
other man who was also delayed-I lost $12,000.
Mr. O. D. Thomson, solicitor, asked that the man be adjudge:1 a bankrupt.
There being no objection raisel, His Lord. ship assented.
Mr. Thomson-The man has been in gaol since the 30th August. He has been very un- fortunate, and it would be simply punishment to keep him there longer.
Mr. Otto Kong Sing opposed this.. He under stood that the man had money on the date of judgment and property in the New Territory.
His Lordship decided to release the man, saying if what Mr. Otto Kong Sing said were correct they could proceed against him, BEFORE HIS HONOUR T. SERCOMBE SMITH (ACTING PUISNE JUDGE.)
CHAN PO SUN 4. CHÂN LÀI NG. Chau Po Sun sought to recover $310 fr m Chan Lai Ng, due in respect of the share of the Chan I Yik Tong in the Man Tùng rice shop.
Judgment was given for the plaintiff,
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