August 12, 1905.}
added. There should be some definite rule laid down to guide officers of the Board with regard to matters falling under clause 2.
Mr. RUMJAHN proposed that the report be adopted and a copy forwarded to the Governor. Mr. BADELEY seconded the motion, which was agreed to, the amendment being lost.
DEFECTIVE DRAINAGE.
The Sanitary Surveyor forwarded a report on the drainage at the rear of I. T.. 1569,
Mr. RUMJAHN-It appears from that report, called for by me, that the drainage system at the rear of that Lot is defective, and that a nuisance exists there. This defective drain has been in existence for some years. As the report states, the amount of storm water flowing into the surface channel from the hill at the rear, and the amount of sullage water from the large number of houses forming this block of property is all washed into a drain only six inches in width. The surveyor suggests as a remedy the extension of a surface water drain, which would relieve the six inch drain, to the back of these houses. I think it would be advisable for the Board to divert the flow of sullage water of these 22 houses into another trap to be placed at the other end of this surface channel which would have the effect of entirely remedying this de- fect. The surveyor further states that this drain was built on the system recommended by a committee. I was on that committee and say that we never recommended small drains to carry off storm water. I hope the board will see that this defective drain is removed.
The PRESIDENT-Will it meet your views if the matter is referred to the Sanitary Surveyor to report as to whether a six inch drain is adequate. He is competent to answer the question.
Mr. RUMJAHN-We won't say anything about his competency, because h is only acting.
MEAT INSPECTION.
1
Mr. RUMJAHN moved that the Captain Superintendent of Police and the Colonial Veterinary Surgeon be appointed a committee to report as to local inspection of cattle and
meat.
Mr. FUNG WA CHON S couded. Carried. RATS.
For the week ending 29th July 578 rais were caught, of which 38 were found to be infected, while a similar number were infected out of 568 caught during the week ending 5th August.
DEATH RATF.
The British, foreign and Chinese community. excluding the Navy and Army, showed a death rate of 28.4, as against 25.9 for the correspond- ing week last year.
EXCELLENT WATER.
Mr. Frank Brown. Government Analyst, reported analysing a sample of water, which he found to be of excellent quality.
CORRESPONDENCF.
COPRA,
TO THE EDITOR OF THE DAILY PRESS.
Hongkong 4th August. SIR.--Having noticed your article with reference to the prominence now being given to the Copra Industry" in the Philippines, I thought it might be of interest to some of your readers to learn a few facts regarding the industry in British New Guinea. As a preface I might mention that from the time of annexation, she has always been an expense to the Mother country, not because the colony has no natural resources but rather. from the position the Government have taken up in the matter, in a negative sense.
The largest river is the Fly which was navigated some years ago by Sir William McGregor to A distance of from five to six hundred miles inland, and his report showed that the banks on either side were lined with the cocoa-nut palm. Should the industry be properly exploited, I think I could safely say that the Fly river district alone could provide an almost inexhaustible supply of copra; added to which the cost of procuring it is a very small
опе
on account of the labour being so cheap. Kiwai, an island in the mouth of the river,
CHINA OVERLAND TRADE REPORT.
alone having a population of 15,000 civilized na ives, the average w ge varying from 5 to 10 per month, and as the majority accept their wages in trade goods showing a profit of about 100 per cent., the possibility of working such an industry to a successful issus seems certain. Of course there are drawbacks, such as the malaria which everybody gets, and the beat which is certainly fairly severe. but as the Missionarias and Gorerument officials on સ small salary manage to stick it, surely a planter with such prospects of wealth could do the
same.
I might mention that the present output from the Fly is get from an old native who brings in about a tou yearly which is sufficient to provide himself and several wives with calico knives and tobacco and an occasional sail cloth for his canoe. - Yours,
PAPUAN.
*
*
The official salaries described as
*
low
by our correspondent are so when compared with the rate of remuneration ruling at Hong- kong: but in Australia they are considered high.
SUPREME COURT.
Tuesday, 8th August.
IN SUMMARY JURISDICTION.
97
Mr. Beavis-No, on $9,000. I wish to prove that commission is always allowed.
If we paid $1,000 in bank notes to the plaintiffs they would go to a money changers and get $1,040. Had we pressed for commission in the original action we would have got it.
The Puisne Judge-If the case had come before me and that question had arisen I would have told you to pay the amount in full. If you claimed a rebate I would say no. I do not see how you are going to get over it; this is the money you have to pay. You cannot claim any thing in the way of commission on this docu- ment. If you think it worth while you can bring a separate action for the commission. Supposing you paid an account in bank notes and they were put straight into the bank the vendor would not get anything extra.
Mr. Bearis-But they don't do that. The Puisne Judge-But they might I will adjourn this case until Friday and in the mean. time you may be able to settle it Letween you.
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Wednesday, 9th August.
IN ORIGINAL JURISDICTION.
BEFORE SIR F. T. PIGGOTT (CHIEF JUSTICE).
E. H. MURRAY , 0, H. WAKEMAN.
The plaintiff, Edward Henry Murray. coal merchant and commission agent of No. 4 Daddell Street, sued the defendant, the trustee return of the steam launch Competitor, or payment of its value, $5,000:
BEFORE MR. A. G. WISE (PUISNE JUDGE). in bankruptcy for the Wai Ynen firm, for the
A QUESTION OF COMMISSION,
sued the Wing Wo Company for $377.92 being The Sam Choy Brick Tile and Timber Company
balance due for goods sold and delivered.
Mr. R. F. C. Master (of Messrs. Johnson. while defendants were represented by Mr. Stokes and Master) appeared for the plaintiff, C. E. H. Beavis (of Messrs. Wilkinson and Grist).
Mr. Beavis stated that the sole question between the parties was one of commission, and
of accounts.
Mr. Master put in a document by which defendants admitted a debt of $6770,66 on June 20. 902. Mr. Master desired to start the accounts from that date as then the accounts were squared.
Mr. Beavis said that his clients had paid the 36770.66, and asked that the accounts be taken from 1:01. He was prepared to prove that in 1901 the accounts were squared: since then they had never been adjusted.
Mr. Master-In 1002 they were squared. Mr. Beavis-I have no idea what the money (mentioned in the document) was owing for.
Goldring (or Messrs. Bratton,
Mr. H. N. Ferrers, instructed by Mr. P. W. Hett and Geldring) represented the plaintiff, and Mr. H. E. Pollock, K.C, instructed by Mr. C. F. Dixon (of Mr. Hastings' office) appeared for the defendant.
In opening Mr. Ferrers read the statements of claim and defence. The plaintiff stated that a bill of sale was executed on the steam launch and the vessel was handed over to the plaintiff, but the vessel was subsequently seized by the Trustee in Bankruptcy. The defence was that the launch was the property of the Wei Yuen firm in bankruptcy). In the Wei Yuen firm were two partners, and the launch was never the sole property of either of them. The bill of sale was not a valid one, and the $5,000 was not paid by plaintiff. The launch was seized by the defendant forcibly in Canton. Mr. Ferrers said the facts that the plaintiff woull establish were that he entered into a partnership with Su Wei Chin, under the name of E. H. Murray and Company, as coal merchants and provision dealers. The plaintiff was an America citizen and had a good deal of influence with the Mr. Master-It is for balance of goods sold American Navy in the Philippine Islands, and and delivered. If Your Lordship admits this his object was to use that influence for the pur- document I submit that I am entitled to judg-pose of obtaining contracts for coaling Ameri- iment because after 1902 we are agreed upon the can warships and in the supplying of provisions accounts which show a bilance in favour of my for the American Government in Manila The clients.
partnership was commenced in March 1904 Plaintiff spoke no Chinese and his partner spoke no English which necessitated the service of อง interpreter, Kwai Pak being employed for
that purpose. plaintiff was successful in getting an offer of doing business with the American Navy and the Philippine Government, but he found that the actions of his interpreter, Kwai Pak, were such that they led to his forfeiting the contracts
1
Mr Beavis--Taking the accounts in my clients books we find there has not been any commission allowed on the payments made. This is due to us, and when credited leaves an amount of about $70 due to the plaintiff: this amount we have paid into Court. I am prepared to prove that on every payment premia is allowed.
The Puisue Judge-I do not see how you can ask for it.
Mr. Bearis-In one case I can show that we actually received premia. My clients'sit tight on the question of premia: that is all there is between us.
The Puisue Judge-Well, you will have to make up your accounts from 1901. up to the date you are agreed upon.
Mr. Beavis They start their account with a balance due of $9,000 odd.
The Puisne Judge-That will be the amount of the claim in the original jurisdiction. 81 of 1902.
Mr. Beavis-What I want is an account to check my account by.
The Fuisne Judge (to Mr Master)—Well, you can do that.
Mr. Master-I can do it but I don't think I should do so. They signed the document admitting their liability of June 20, 1902,
The Puisne Judge (to Mr Bearis)-You want to collect commission on £6,000 odd ?
|
I
The
had with the American Government especially with regard to supplying coil. The contract was for the supply of Chinese coul suitable for men-of-war, but the coal supp ied to the San Francisco was of so poor a quility that it was rejected. That was one instancs of several, and the plaintiff's hopes of being able to make a prosperous living were unrealised Plaintiff then informed Kwai Pak that he in- tended to proceed against him for compensation. but Kwai Pak, recognising the validity of the plaintiff's claim gave him a promissory note for $5,000 in settlement thereof. Shortly afterwards it came to Mr. Murray's know. ledge that Kwai Pak had a steam launch at his disposition and plaintiff agreed to take it in settlement of the promissory note for $5,000, The launch was handed over and the promissory note cancelled. The bill of sale for the launch was executed on January 27, and at that time plaintiff had no knowledge that Kwai Pak was not entitled to the full services of the launch,