September 4, 1993. ;
His Excellency is unable to grant the permission asked for on behalf of these gentle- combined action of the nature con- men, as templated only can be regarded as an attack on the commerce of a friendly power, and as His Excellency is satisfied that such action would re-act unfavourably on the trade of this free trade port and on all classes who have an interest in that trade, while its object of inducing the Government of the United States of America to modify the very stringent laws which they have made in connection with the exclusion of Chinese from the United States of America" is more likely to be attained by other methods. I have the honour to be, sir. your obedient servant.
T. SERCOMBE SMITH.
Colonial Secretary.
FUNG WA-CHUN. Esq.
During the discussion which followed. Mr. Fung Wa-chau aunounced his intention of resigning the chairmanship. There were pro- tests at this, the members speaking in the highest terms of his conduct in the chair, and requesting him to change his mind.
Mr. Ho Fook said in any case they could not accept his resignation at that meeting, so it was decided to meet again on September 20th.
MR. OLIVER BAINBRIDGE AT
HONGKONG.
1
CHINA OVERLAND TRADE REPORT.
SUPREME COURT.
Thursday. 17th August.
}
BEFORE SIR F. T. PIGGOTT A HIEF JUSTICE )
ÎN ORIGINAL JURISDICTION.
!own
YUEN HANG KIN AND I. P. MADAR P. LI SHEK PANG.
151
than approve
and 193, does not do more drainage plans made by the parties on whom an order has been served, calling on owners of property to put in order their drainage system which is out of order by their own fault: It would not warrant a trespass ou another owner's land in the absence of express pe mission in the ordinance sanctioning it. I must observe on this part of the case that it is A pity the Sanitary Surveyor made so strong an affidavit as he did. It seemed to me to put au interpretation on the Ordinance which is not warranted. Govern ent officials, when they are called
to make affidavits actions lin
to which other people
make them pirties, should be careful to as colourless as possible, not lending their opinion to either side, but confining the trans- action to an impartial statement of facts. wish to say also that affidavits such as thoss put in by the expert witnesses should always be accompanied by plans.
What happened they, in this case. that an order to abate a nuisance
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was
Julgment was delivered as follows by His Lordship in th's action wherein the plaintiffs claimed an injunction to restrain the defendant or his servants from trespassing on
the plaintiffs property at No. 86 Swałow Lane, and from digging up, or e ntinuing to dig up the ground of the std premises, or otherwise endeavouring to connect the drainage of the defendant's premises, Nax. 1 to 17 Amoy Lane. with that of the plaintiff's premises Nos. to 18 Swatow Lane, also $1,000 as damages for such trespass and digging up as aforesaid
The defendant having entered the plaintiff's promises and dug it up for the purpose of recon- | made, and the method in which that abate- was to be carried out was indicated structing part of the system of drainage in his ment
prop rty relied en Pomfret v. Rycroft as being a reconstruction of the drains. It is which I am bound to accept is au authority. impossible to contend that this order was suffici- But though bound to accept it I am not bondent to give the defendant a larger right of to extend it. Now it ust be observed that the trespass than he originally possessed though counsel for the defendant did not rely on the I am dispo. ed to think that if on due notice decision in this case, but on the dictum at the being given, as it ought to have been given, the end of the judgment of Twysden J. I assuma plaintiff had refused to allow the work to be from the report that the reasons of the learned done, or hal prevented it. this might have been Judge were accepted by the Exchequer Chamber sufficient grounds for proceeding against But in respect to the drain which on appeal, and therefore I assning that this him. example of the rule laid down in this case is connected the defendant's system with the accepted: If a man gives me a lie ɔnce t › lay plaintiff's, there is no order at all. or evon pipes of lead in his land to cary water to my approval by the Sanitary Board. The plans sent into that Bard by the surveyors cistern. I may afterwards enter and dig the laud to mend the pipes though the soil belongs of the two parties respectively were supplied to
the Court by the Department. to another and not ta me. But I must observe that in the discussion on the case drain is merely described as "existing drain": the point kept most prominently in view in the defendant's plan it is-indicted by dotted is the right-of-way, so called, of necessity, lines. It is apparent that so far as the re n- and not the right to canse material damage struction of the drain was cone-rued, this part though there are later cases somewhat analagons of the system was left out of consideration, and to the pres at one. But the points on which it is impossible after examining the plans not to I should like to hear further argument. if it
se that the nly plans which wele sauctioned had been necessary, are, whether the pesm
by the Roard, because no others were submitted entitled to this easemont hy may enter with to them, were the independent system of the out notice. the question then arising when plaintiff and defendant: it is impossible not to come to the conclusion on the plans that these permission is withheld; and (2) whether he may do such damage & be pleases I cannot see
two systems would he connected by the existing that he is entitled to mend his pipes altogether drain. No change in that was indicated. It
for ted
an esential part of the defendant's new respective of the damage he may cause in
system. So far, therefore, the defendant has doing so.
even the justification for his trespass not of the approval of the Sani arg Board. trespass there must be sub. For such a stantial though not excesive damages, and I think $250 will meet the justice of the case, with leave to the plaintiff to prove the special damage claimed loss of rent-before the Registrar.
**
Mr. Oliver Bainbridge, the celebrated author and explorer, on August 29th granted au inter. view to a Daily Press reporter. Mr. Bainbridge leaves here to-day for Shanghai, and from thence he will travel into the interior of the, province of Huuan, where he is auxious to see and make a study of the designated Chinese Jews. The explorer's travels have been to the most remote and un ivilised parts of the world, and he has always made a point of calling upou the rulers of these countries with a view to getting his information first hand for the work he intends publishing of the experiences he has encountered. Mr. Bainbridge stated that the native races
were always particularly fascinating for him, and he thought they had been considerably neglected and looked down upon, whereas they had so many wonderful characteristics which, unless people had studied them properly, they really could not conceive, The explorer, who has tramped over the greater part of New Guinea. claims to be the first man who discovered Jews among the Papmans; the rites and doctrines in the religion professed by this people are strikingly similar to
I think, however, that the conditions under Judaism. Our representative was favoured
which the Amoy Laue property came into with a view of the wonderful collection
the defendant's hands in this case bring of pictures Mr. Bainbridge has collected in his travels, and among them he pointed within the re principle of the old out the black Jew of New Guinea and the decision, for I have no doubt that the old ordinary native. Our representative fur.her
drain on the plaintiff land was appurtenant learned that the great explorer in his travels
laud conveyed by the plaintiff to the defendant, and that if the drain had had met practically every celebrated man and woman living at the present time, and that needed repair the defendsut would have beon at each city he called he visited the various
in the same position as in Mr. Justice Twysden's owner of the lead pipes, whatever the true educational institutions, where he made iL
Stress was thorough examination of the work done. This is aspect of that position may be, with a view to compiling a book on the subject, laid by the plaintiffs' counsel on the fact that the line of the drain was altered. It seems to which no one seems to have taken up, and for which he thinks there is great, necessity. In
me conceivable that some alteration in the old line might come in the principle. this respect he spoke in most eulogistic termas of the courtesy of H.E. the Governor, who sawery different thing from the position taken by that he was afforded every facility to visit local educational institutions. He was also delighted with the cordial welcome accorded him by His Excellency on his arrival. Ou his return to Hongkong Mr. Bainbridge will probably lecture on the conclusions he has arrived at in connec: tion with his ethnological aud anthropological studies of the black Jews of New Guinea, aud it is not beyond the bounds of possibility that he may then have something to tell concerning the supposed Chinese Jews.
We regret to announce the death of Mr. C. Dubois, of Messrs. C. & J. Favre-Brandt, which took place at Yokohama on August 17th. Mr. Dubois went to Japan in 1880, his first appointment for the firm being to Yokohama. Afterwards he was appointed to Osaka, where be remained in charge for some years, and then returned to Yokohama to take charge there. He was only forty-six. Mr. Dubois was married to a Japanese lady, and leaves four children to mourn his loss.
to the
But this is a
the defendant's couns 4, who contended that he was entitled to have au effective“ diain: that is,
ing.
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i ever.
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case
In ho h the old
Now, &s to the injusetion: I did not was first mentioned think when the that it was a case for an injunction, but one eventually for damages: after hearing the case that view is confirmed. Although the plaintiff must have costs of suit. each party must pay his own cos's of such proceedings as resulted from the claim for an injunction.
Monday, Augus 28th.
BEFORE SIR F. T. PIGGOTT (CHIEF JUSTICE } į
APPLICATION TO SET ASIDE A MORTGAGE.
Lo Kwong Chiu, a student, residing at Macao, by Lo Foon Hing, his next friend, of 23 Bon- ham Strand East, brought an action against Vincenzo Pietro Mus500 di Peralta, merchant. of Queen's Road Central, in order to have a mortgage alleged to have been signed by plain- tiff set aside.
that he was entitled to go on the plaintiff's land without notice and without permission, and do what was necessary to the plaintiff's property irrespective of the damage done, to give him a perfect system of drainage. The proposition is too wide to be tacked on the dictum in ofret. Rycroft, and of itself shows how arowly this right of trespass needs watch
The proposition which Was neessary the defendant's
WIN Bot. how- wide quite so
thi and I a'nı Mr. E H Sharp. K.C., and Mr. H. G. Calthrop not sure that Pomfret v. Rycroft would not (instructed by Mr. R. A. Harding) conducted the support this-that the trespass would be justi-case for plaintiff, and Mr. H. E Pollock, K.C. tied of necessity if it were the consequence of a (instructed by Mr. F. A. Bonner) acted for lawful order made by u duly constituted authority, the defendant.
Mr. Sharp read plaintiff's statement of claim to subject always to the questions of notice and
he effect that plaintiff was a minor residing at damage already alluded to. But the facts do not warrant the application of such a principle, | Macaɔ and was entitled as teasut in common to a for there is no order of the Sanitary Board fifth share in Inland Lot No. 7, which estate and made under statutory authority which might interest were purported to have been assigned warrant obedience at all hazards. It is clear to the defendant in consideration of a sum of hat the Public Health Ordinance. by ss. 192 | $26,000, alleged to have been paid by defendant to
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