26
adjoin Jubilee Street, and are therefore corner houses with large openings in both streets and additional windows in Jubilee Street.
Dr. F. Clark minuted-These are both corner houses. The reason for the application is that a staircase is to be put across the window, partly obstructing it. I see no objection to the application being granted in this case.
Messrs. H. E. Pollock and A. Rumjabn minuted-Grant.
The application was granted.
64 OCCUPANTS ARN WELL TO DO." Messrs. Denison, Ram and Gibbs requested the Board's permission to put up wooden parti- tions on the first floor of No. 2, Lok Hing Lane. Dr. B. T. Barnett minuted-I think these
partitions might be allowed. They will hardly interfere with the lighting and ventilation as this is a corner house. The houses in the side lane on the opposite side are as high as this floor only. The occupants are well to do.
Mr. A. Rumjahn minuted-Grant, The application was granted.
PUBLIC URINALS.
It was reported that two public urinals in front of Marine Lots 54 and 224 respectively have been completed.
PLAGUE DURING 1904.
A diagram showing the relation between rat and human plague during fifty weeks of 1904 was laid on the table. The curves showed
approximate equality.
THE POWERS OF THE SANITARY LOARD.
Yee Shun Yuen, having received a notice from the Board, applied for permission to retain the glass screen enclosing one side of the verandah of the second floor of No. 179. Des Voeux Road Central. The floor," he said, is used as an office and the glass screen is for protection against the inclemency of the weather."
In respect of this Dr. Francis Clark wrote to the Crown Solicitor-Would
mind you telling me how you would interpret section 139 of Ordinance 1 of 1903? Can the Sanitary Board grant permission for the erection of partitions in verandahs over Crown land, or allow such to be enclosed and used as bath rooms, etc., or does the permission allowed by this section relate solely to the letting down of blinds in such verandahs and balconies between sunset and sunrise? The latter is the pre- ferable reading, as it is more in accordance with previous legislation on the subject. The exception as regards blinds was interpolated at the instance of His Excellency Sir Henry Blake, but it was never intended that the word- ing should carry power to allow all the other structures mentioned in the earlier part of the
section.
The Crown Solicitor replied I think the permission relates solely to the letting down of blinds at night time.
The PRESIDENT-This has not been circulat- ed. It is important on account of the ruling of the Crown Solicitor. Re-circulate.
SANITARY
INSPECTORS' DUTIES. Applications re the sale and preparation of food were treated. With respect to an application to register No. 1. Stone Nullah Lane, as a bake-house, Inspector J. A. Lyon reported that the premises were not suitable for such a purpose.
Mr. E. A. Hewett minuted-The Satitary Board should be informed of the manner for
showing the premises are unsuitable if they are asked to refuse any application.
Mr. A. Rumjaba minuted-I agree with Mr. Hewett. Sanitary Inspectors" duties are to report on the condition of the premises as per form attached. Has Dr. Barnett visited the premises?
Mr. H. E. Pollock minuted-I agree with Mr. Hewett.
The PRESIDENT-Dr, Clark has visited the premises.
Mr. E. A. HEWETT-I thought it was merely stated that the premises were unsuitable?
Mr. A. RUMJAHN-What is the objection ? Dr. F. CLARK-The premises are dark and in a plague district,
Mr. A. RUMJAHN-Other houses in that street have licences.
Dr. F. CLARK-Yes, that is one reason why
there should not be any more.
Mr. E. A. HEWETT-After Dr. Clark's explanation I beg to move that the application
be refused.
THE HONGKONG WEEKLY PRESS AND
Mr. A. RUMJAHN seconded and the motion was carried.
THE QUARRY BAY FISH SUPPLY.
Respecting an application for a licence to sell fish in respect of No. 44, Quarry Bay, the PRESIDENT said-Four premises are licensed to sell fish at Quarry Bay. This is enough.
The application was refused.
A CONTAMINATED WELL.
From the analysis of a simple of water from a well situated at On Wai Lane East (depth, sixteen feet) Mr. A. C. Franklin, Government Analyst, wrote that he was of opinion that the water is so contaminated with impurities as to be unfit for drinking purposes and likely to prove injurious to health.
The Hon. Mr. P. N. H. Jones minuted- Close under supervision and see that filling in is pro- perly consolidated.
The PRESIDENT-I more that we order the well to be closed. for the analysis shows the water to be not much better than sewage.
This motion was seconded and carried.
ADULTERATED MILK.
It was reported that Mr. A. C. Franklin was recently sent a sample of milk for analysis, and found same to be adulterated. The culprit was
prosecnted.
THE WATER SUPPLY.
Recent analyses of samples from the public water supplies showed the water, in each instance, to be of excellent quality.
MORTALITY STATISTICS.
(January 14, 1905.
Mr. N. Ferrers, instructed by Mr. R. A. Harding, appeared for the plaintiff. The defend- ant was not represented, and was absent from Court.
Mr. N. Ferrers said the action was a very ordinary one-goods sold and delivered. The defendant had told the plaintiff that he could not pay his debts and was leaving the Colony, and advised the plaintiff to take possession of his goods. After an affidavit had been made a writ was issued, the plaintiff entering into possession of the defendant's premises where there were machinery, goods and chattels A notice that a writ of Foreign Attachment had been issued against the de- fendant's property was twice advertised in the Hongkong Government Gazette and twice in the Hongkong Daily Press, and other requirements · of the Ordinance had been carried out
His Lordship Did you advertise in one of the Chinese papers; both the Hongkong Daily Press and China Mail have Chinese editions?
Mr. N. Ferrers -No, my Lord, I will proceed to prove the case.
The plaintiff said:- I know the Yu Hing Lung; they were machinists making machines for steamers. I have had business with that firm for several years. I prepared and supplied machi- nery for them. They owe те an account for machinery supplied, amounting to $4,791,42. When I used to supply them with goods the account was checked every month, and the book chopped. Yu Hing Lung's business belonged to himself, and he was the manager. He told The following figures for the whole Colony m- he was going to run away, and he has run are given in the mortality statistics for the away he could not pay his debts and was leay- week ended the 24th December last (death rateing the Colony. I afterwards applied for a per thousand per annum) -British and foreign civil population, 10.3 (week ended the 17th December last, 30.8; week ended 26th Dec, 1903. 36.1); Chinese land population, 13.1 (17th Dec., 15.6; 26th Dec mber. 1903, 13.01; Chinese boat population, 19.5 (17th December, 18.5; 26th December, 1903, 12.1); Chinese land and boat together, 14.1.
LIMEWASHING RETURN.
The Limewashing Return for the fortnight ended the 3rd inst. showed tha' 2.190 houses were limewashed in the Western District.
RAT RETURN.
The Rat Return for the week ended the 7th inst. showed that 397 rats (including nine plague-infected rats) were caught in Victoria, and 162 (including six infected) at Kowloon.
SUPREME COURT.
Saturday, 7th January.
IN SUMMARY JURISDICTION.
BEFORE HIS HONOUR MR. T. SERCOMBE SMITH (PUISne Judge).
HONGKONG LAND INVESTMENT CO. 1. NG CHIT MI AND OTHERS.
This was a claim for $700, being one month's interest on a loan of $120,000 in mortgage. Mr. Steavenson (of Messrs. Deaton, Looker and Deacon) appeared for the plaintiff company, and Mr. Tso for the defei dants.
Mr. Tso consented to judgment, which was given accordingly; but he asked His Honour to give judgment for the said defendants against a third party-Tan Chi Po, Pun Pui Sheung, Li Tse Shek and U 1 San (of Canton), and Ng Cheung (of No. 10, Connaught Road, Hong- kong). Ibese men were absent, though Mr. Tso proved service of notice on them. His Honour now entered judgment and costs agains this third party.
Thursday, 12th January.
IN ORIGINAL JURISDICTION.
BEFORE SIR H. S. BERKELEY (CHIEF JUSTICE).
LOO WING KEE . THE YU HING LUNG FIRM.
In this action the plaintiff (Loo Wing Kee, of Nos. 2 and 4. Kat On Street, Hongkong, cast iron founder) sought to recover $4,721.42 owing to him by the defendant firm (the Yu Hing Lung, of Nos. 85 and 87, Station Street, Mongkok, Yaumati, boiler and, machinery makers).
writ to seize his goods-on the 22nd December. I never heard of any other person as being partner or proprietor of this business.
Mr. F. Howell, the head bailiff, said :—On the 24th December a writ of Foreign Attach- ment was placed in my hands. I proceeded to serve it on one (han Shing, a man on the defendant's premises, and I took possession on the same date of all the goods, chattels and machinery, acting under the direction of the Registrar-General. Messrs. Gibb, Livingston & Co. were subsequently served with a writ of garnishee, served on the 24th December by
Mr. Leonard.
Mr. N. Ferrers-We want judgment, my Lord, and an order of execution against the property.
His Lordship--I will give you judgment against the defendant firm for the sum of $4,791.42 with costs. With respect to the remainder of the proceedings you had better first advertise in one or both of the Chinese
papers.
Mr. N. Ferrers-That would not be necessary, my Lord.
You
His Lordship-Execution is to be given against the property of the defendant firm. The defendant may be only manager, though a far as we know he is proprietor, and pro- But put & bably the goods in the shop are his short advertisement in a Chinese paper. have judgment, but now I want you to advertise before I grant execution. I shall sit on Mon- day. If you put in an advertisement to-morrow you can again apply to me then for execution. Put in a short notice saying you have received judgment and that an application will be made at ten o'clock on Monday for execution against these premises.
L
The Court was adjourned sine die.
IN BANKRUPTCY.
BEFORE SIR H. 8. BERKELEY (CHIEF JUSTICE).
THE LAI WAH FIRM EX PARTE PUN YAN PO.
This was an application for adjudication. Mr. P. W. Goldring (of Mr. G. K. H. Brutton's office), appearing for the applicant, said that the creditors had no objection.
His Lordship made out an order, the Official Receiver being appointed trustee.
YEUNG HING BANK EX PARTE MA PAK CHUEN.
Mr. Dixon (of Mr. J. Hastings's office) ap- He said peared for the petitioning creditor. that Ma Pak Chuen owed his client $3,000 due on two promissory notes.
A receiving order was granted, the Official Receiver. being appointed. WONG MAN SHUN (WONG TAI WO) EX PARTE