April 20, 1907.} unsympathetic nature that the prosperity of the Colony has been BO seriously affected, This suggestion is directly against the usage and custom of the Chinese, and not only will it not put a stop to the practice, but will also tead to increase the antipathy of the better class.
In my opinion so long as no better facilities are given to the Chiness for the disposal of their dead and the treatment of their sick, the fear of trouble will remain in their minds so deeply seated as it is, and consequently the evil of damping continues.
In elucidation of this question, I had pretty fully explained the reasons in my letter to the Board of the 23rd April 1906, to which I would again invite attention. As the Honourable Registrar General is now doing his best with the assistance of some of the influential members of the Chinese Community to mitigate this evil, I suggest that the Government he asked to contribute to the fund for opening as many dispensaries and district hospitals as will likely enable the object to be universally know amongst the Chinese.
April 15th, 1907.
i
[
CHINA OVERLAND TRADE REPORT.
money, but no promissory note was giren in; exchange because it was the custom among Mohammedans that RO
should paper between friends.
1 pass
His Honour-Yes, they have told me that hundreds of times, but, I never believe them.
Mr. Gardiner added that plaintiff learned that defendant was about to get his discharge and he accordingly instituted these proceedings; Plaintiff was called and boire out counsel's statement. When be applied to defendant for the money the latter said he had remitted all ¦ his money to India and would send it to him from there.
253
the
Novembər, if possible, or the contract to be null and void. A condition of the agreement was that if the goods did not arrive within the stipulated time the buyer would have no olaim on secount of the non-arrival of the goods and either party was at liberty to rescind the contract. The gools did not arrive within the stipulated time, and the plaintiffs gave notios to defendants rescinding the contract, in consequenos of which defendants also rescinded. Plaintiffs, in reply, stated that they dealt with defendants through Sing Kee, a saisemaa employed by defendants, and after agreement Sing Kee, on behalf of the Cross-examin d-Why didn't you get sa acknowledgment from him?-H knows my signed by the defendants which contained a defendants, handed to the plaintiffs a paper parent and I know his parent. I lent him the; morandum in Chinese of the terms of the money and asked no interest.
coateset which represented the terms of the Plaintiff pointed oat that the defendants in entering inserted
clause to the effect that *A answer Was to be given thereafter AA to whether the contract could be definitely excuted. On the present occasion no such clause was made by the defend- ants and as a matter of fact that clause was struck out in the English words, so that defendants were. bound to exec ite the contract. Plaintiffs' relied on the represent- ation of Sing Kee that certain words in English written on the paper were the equivalent of the Chinese in the memorandum. The English words included clauses which were not in the memorandum in Chinese 84 well as the following Force Majeure to free sellers from all responsibility in connection with the contract,
of steamer or ressel to cancel
occasionally
You know it is usual in Hongkong to get i agreeinent. an acknowledgment?—Yes, hat Mohammedans do not take
paper from friends.
You never doubted him till you heard he was going away?-No.
Plaintiff called four witnesses in support of his story.
Defendant denied having borrowed the
money
The papers are to be recirculated, only four from plaintiff and said he was not allowed to members having seen them.
MODIFICATION WANTED.
borrow. Cross-examined—He did not know where the Naral Yard Extension Works were Correspondence relative to a modification of and had never been there, although he had been the requirements of section 180 of the Publicia Health and Buildings Ordinance 1903 in respect of No. 233 Station Street North, Mongkoktain was submitted.
The applicants pointed out that if they had to provide the open space required by the new Ordinance they would bave very little house left.
4
Mr. Lau Chau Pak miauled-No sotion should be taken in this case as suggested by the A. M. O. H.
The Registrar General-This application should be forwarded to the Colonial Secretary to be laid before the Governor in Council and the Board's opinion on it should be forwarded at the same time. It would be harsh to enforce the law strictly in this case.
On the motion of the REGISTRAR-GENERAL seconded by the Hon. Mr. W. CHATHAM, it was agreed to forward the application to the Colonial Secretary as suggested.
WATER ANALYSES.
The report of the analyses of the public water supplies stated that in each case the water was of excellent quality.
MORTALITY STATISTICS.
The mortality statistics for the work ended 30th March showed that the death rate for the whole foreign community during that week was 8-2, while for the previous week it was 328, as against 49.9 for the corresponding week of last year. For the Chinese community the death rate for the week ended 23rd March, was 21, for the following week 16 4, as against 181 for the corresponding week of last year. The total death rate for the Colony was 158 for the week ended March 30th, while for the previous week, it was 219, as against 190 for the correspond- ing week of last year.
MILK AND BEER.
The result of examination of six samples of beer and six of milk during the quarter showed that they were satisfactory.
SUPREME COURT.
Monday, 15th April.
the Colony five years.
Aa officer from the regiment stated that defendant had a credit balance on July 1st when he was said to have borrowed the mouey from plaintiff.
His Honour said it was such a clear cano - - fire to one-that he must give judgment for plaintiff with costs.
Tuesday, April 16th.
IN SUMMARY JURISDICTION.
BEFORE MR. A. G. Wise (PUISNE JUDGE).
The
MISSING SHEETS. in which case
two privates of the H.K.S.B.Q.A. sought to recover the prics of three bed sheets from Mak Lan, a washerman,
was called. Defendant however did ant appear.
The case was adjourned notil to-day to enable defendant to replace the missing sheets, which, it will be remembered, plaintiff said cost & each as they were silk lined. The soldiers informed his Honour that the defen aut had found the sheets.
His Hour - I thought he would. He had pawned them.
Plaintiffs on being asked whether they would have the sheets or the price of them with costs. replid that they preferred to have their sheets. His Honour pointed out that it would be better for them to get the price of new sheets, and he gave judgment for the amounts claimed, $1! and 86, with costs.
Wednesday, April 17th.
IN SUMMARY JURISDICTION.
BEFORE Mr. A. G. WISE (PUISNE JUDGEJ
!
ALLEGED BREACH OF CONTRACT. An action
was brought by the Sy Yick Company, of 137, Queen's Road Central, siost Jorge and Company for 8849,77 loss suffered by the plaintiffs by reason of the defeodaate¦ breach of contract. The Hon. Mr. H E Pollock, K.C. (instructed by Mr. Atkiama, BEFORE MR. A. G. Wise (Prisne Judge). | (instructed by Mr. F. X. d'Alioada • Castro), represented plaintiffs, Sir Henry Berkeley, K.C
IN SUMMARY JURISDICTION.
MONEY LENDING TRANSACTIONS.
asting for defendants.
The statement of claim asserted that defend In the action brought by Fateh Khan, | ants entered into a contract in May last year to watchman in the Naval Yard Extension Works, against Taja Khan, late gunner in the | Wright's Health underwear at $5.70 (gold) per sell to plaintiffs 20 cases of 10 dosen each of 5th Company of the H.K.-S.B.R.G.A. but dozen with commission of 22 per cent. now on board 8.8. Kum Sang, for the recovery
Deli. rary to be in October and November 1906, ten of $44, money lent, Mr. Gardiner appeared for cas « in each month. The goods were got the plaintiff and Mr. Grist for the'd fendant. delivered and plaintiff's bad to abisin th
Mr. Gardiner stated that the plaintiff had underwear locally at a cost of 249.77, «bore. frequently lent sums of money to defendant the contract price. These had always been repaid. In July of last year defendant said he wished to assist a friend to go to Vancouver and asked plaintiff to advance $44, the equivalent of 100 rupees, in order to oblige this friend. Plaintiff advanced the
Defendants denied baring entered into such a contraef, but stated that they made an agreement that defendants should bay delivery to be taken within two months of the landing of the goods, ten cases in October, if possible, and ten in
agreements
1
and
"Ings contract."
T
After Mr. Pollock's opening statement. Chan Yoan Kai, managing partner in the plaintiff firm, gave evidence in support of their claim. Examined to the receipt of a letter from defendante, witness stated that the latter informed him that owing to the great demand for the clothes they could not fulfil the order.
Mr. Pollock (to interpreter) -- What does he
Ray
Mr. Ba'l-Tha'. they could not be made in England.
Mr. Pollock-Please interpret properly. Mr. Ball - He does not say England. As a matter of fact they are made in America.
Mr. Ball-He said that they could not be made in the ancestral home (laughter).
Cross-examined – He thought dafen lants were telling lies when they wrote that letter stating that the order was cancelled. He went to them and told them that his did not agree with that.
telegrams from the manufacturers in America I put it to you that Mr. Jorgs showed you the
stating that the goods could not be forwarded ? I do not understand English.
You speak English - A little.
little?—I know one, two, three, four (laughter).
put it to you that you can read English–'\
Decision reserved
Thursday, April 18th.
IN CRIMINAL JURISDICTION.
BEFORE THE CHIEF JUSTICE (SIR FRANCIS Piggotti.
HIGHWAY ROBBERY Mela Khan, an Indian soldier, stationed at Kowlong was arraigned on charge of highway robbery and samult Hoo. Mr. H. H Gomperta (Attorney General; prosecuted, and Sir Henry Berkeley, K C. instructed by Mr. E. J. Grist), appeared for the def‐ace.
Defendant plea led not guilty and the following jury was empanelled ; Messrs. A. E. Robinson, W. F. Fords. T. H. Dartoo. F. Austin. A. E Duarich, W. T. V. Pigrum, and F P. de Scars-
The Attorney General in opening the case for the pr secation, said that Au Kam was a hawker, and on March 17th, while plying his trade on the Prava at Yaumati, he saw two 'Indian soldiers one of whom was the defendant. Neither were in uniform at the time. When the hawker had finished his ba-iness for the day he started for home carrying in one baad a box containing his takings for the day, amounting to $2.50 or $3 in copper money.
He noticed that the two Indians were following sud when he reached his home he pushed open the door