April 13, 1908.]
Friday, 10th April.
IN SUMMARY JURISDICTION.
BEFORE MB. H. H. J. GOMPERTZ (ACTING PUISNE JUDGE).
EXCESSIVE INTEREST.
Tam Hoi Ship sued Tam Ma Tsan for $1,117.23 due as principal and interest on money lent on 16 April, 1885. Plaintiff wa'red $117.23 in order to bring the claim within the jurisdiction of the Court.
Mr. R. Harding told the Court that he appeared for the man on whom service had been made and that he was instructed to say that he knew nothing about it. It seemed an extra. ordinary claim, $147 principal and 8:219 inter. est and a debt twenty three years old.
Mr. Crowther Smith, who appeared for the plaintiff, said the Court had made an order for substituted service and that had been carried out. Payments had been made within the last two years, 80
that the claim was quite good. Plaintiff produced the note and said that he received the last payment on 4th January, when $150 was paid. He originally lent the defendant $147,63, that was in 1885.
Hie Honour-At what rate are you calculat- ing interest ?
Mr. Smith-The interest is for 255 months at three per cent...
His Honour-I do not understand this note, Witness explained that the time for repay- ment was limited to one year and, if defendant failed to pay within that time, the debt would be doubled. After the expiration of another the debt would be trebled.
His Honour-After two years? Witness-Yes.
year
His Honour-Where is your place? Witness-I am living in Square Street. I do not carry on any business. I have property in the country,
His Honour-I will not give judgment until Thursday. If I then make an order for payment it will only be for payment by instal. menta.
GATHERING WILD FLOWERS,
INTERESTING PROSECUTION AT
THE MAGISTRACY.
on
A case of more than ordinary interest ad importance, affecting as it does the custom of gathering wild flowers from the hillsides, cime before Mr. Wood at the Magistracy April 11th. A week ago a gardener in the service of Mr. D. R. Law of Messrs. Butterfield and Swire was convicted of having been in the unlawful possession of a quantity of azalias, and fined five dollars. Two or three days later Mr. Jackson, from the office of Mesars Johnson, Stokes and Master, appeared and asked that the case be rebeard. His Worship consented and Saturday was fixed for the rehearing. Sergt. Floyd prosecuted and Mr. Jackson defended.
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P.S. Floyd, of Mount Gough Police Station, said he saw the defendant on 4th inst. in Plantation Road carrying a basket of azalia branches and ferns. He asked him in Chinese where he came from and defendant replied from the hillside. He further asked where on the billside and defendant indicated the direction of
Victoria Hospital. Witness had since v sited the place and found considerable damag done to other non-flowering shrubs. The azalia trees had the appearance of being planted by the Government.
Mr. Jackson-That is not evidence. Witness added that he arrested defendant; took him to the Police Station, and defendant was fined $5,
Cross-examined.-He had been in charge at Mount Gough Police Station for about three weeks. He received no special instructions but the Ordinance gave them the powers under which he acted.
How long have you been in Hongkong - About eight and a half years.
How many prosecutions bave you seen for unlawful possession of flowers ?— Three or four
cases
What was the last case ?-The case of Mr, Parr.
CHINA OVERLAND TRADE REPORT.
That was at the instance of the King ?—No, Mr. May.
Mr. May reported the matter ?—Yes. Was he complainant ?-No, the defendant pleaded guilty.
They usually plead guilty ?—Yes.
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I suppose you know that the European residents are not aware that this is an offence ? -Oh yes they know. Their coolies have been fined for the offence and that is common knowledge.
The Government have only recently prose- You said the defendant pointed to the hill-outed in these cases ? —Oh, ̧uo. There have side when you stopped him?—Yes.
been prosecutions ever since I came to the Colony in 19.3.
Do you know whether it i a habit of these gardeners and coolies to go out on to the bill- side to pluck flowers ?—I don't.
Do you know they go out every day ?-If I saw them I would arrest. them.
Do you know it is a regular occurrence P-I have been told so.
Did you believe the coolie when he told you that be took the flowers from Wanchai Gap? You don't allege he took them out of a garden? You agree that he took them from the hillside? He said so and pleaded guilty in this court.
Never mind about that. ie is not pleading guilty to day. Are you prepared to admit that he took the flowers. f om the Peak? Do you believe what he said P-It is not my duty to believe.
But he says he got them on the hillside ?— Had I seen him on Government property should have charged him with trespassing,
Under what section P-1 believe it is section 8.. Quite right. From what circumstances did you come to the conclusion that these flower's had been stolen or unlawfully obtained ?-I suspected they were unlawfully obtained.
What were the circumstances?—There were only two places from which they could have been taken, crown land or private land.
What are these flowers worth ?--I could not
say.
Ten cents?I could not say.
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Do you think you could buy all be got for ten cents?—I don't know.
What price would you put them at in your own mind?-Ten cents or so, but I really could not say.
More than ten cents?—Yes, more than ten cents.
Fifteen cents P-I am not a judge. You have bought flowers down the street, baven't you?-Very seldom,
You have seen flowers bought there ?-Yes, but I have not taken much notice.
Do you know these cannot be stolen without a value being placed upon them? Do you know that a daisy cannot be stolen ?—No..
You cannot steal a daisy ?-If I saw a person stealing a daisy and trespassing on crown land I would arrest him.
Why didn't you arrest the defendant for tres- passing? Because I did not see him on the land. (hinese detective 131 said he was in company of the last witness and met the defendant carrying a basket of flowers. Witness asked him where be picked them and defendant replied on the said he was with the laipan in Batterfield and bill Asked where he was employed defendant Swires. In reply to further questions defendant said he did not pick the flowers from the hillside daily but once a week,
Cross-examined-Have you any experience in buying dowers ?—No.
How much would you get that basket for ?— Thirty cents or thereabout.
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Supposing you met me going along the road with a basket of flowers would you have stopped
them from. met would have asked you where you got
Mr. 8. T. Dum, superintendent of affore. station, said he had been asked to explain the reason why the Goverment wished to stop this practice. It was because the flowering shrubs at the Peak were getting scarce; in fact thronghoat the Colony they were much less plentiful than they used to be. The Government at present was planting out azalias, hydrangeas, and other plants on crown lands at the Peak.
His Worship Wild crown lands or enclosed crown lands ?-On the hillside.
Witness added that so far as his department was concerned there was no objection to mode- rate quantities of flowers being taken, but Chinese went out regularly and took away large quantities. One or two shrubs would be
produced being pulled. destroyed as a consequence of the flowers
Cross-examined-No notice has been sent
them of this P-No, there are notices put up in round to the European residents informing
Chinese.
Witness added that it was a peculiar practice which obtained here of sending out servants to pick flowers from the hillside. He did not know whether this man had ben sent out but be presumed that he had.
This concluded the case for the prosecution. Mr. Jackson argued that the charg was brought under the Metropolitan Police Ac's of home and consequently he would contend that his Worship had no jurisdiction. He submitted that will flowers were not goods and could not be the subject of a larceny at common law.
His Worship reaffirmed the conviction. Mr. Jackson asked his Worship to stats a
oase.
THE OBSERVATORY.
The report of the Director of the Hongkong Observatory. for the year 1907 is published in the Gazelle. It states:
The comparison of weather-forecaste, issued daily about noon, with the weather subsequently experienced, has been conducted on the same system as heretofore (compare Annual Report' for 18:6 §5). The results are as follows :-
Success $7 per cent., partial success 32 per ceut., failure 1 per cent., partial failure 10 per cent.
Following the method used in meteorological offices, and taking the sum of total and partial success as a measure of success, and the sum of total and partial failure as a measure of failure, it follows that 89 per cent of the weather- forecasts were successful in 1907.
2 The China Coast Meteorological Register was printed every morning at the Observatory by the Government Printers. About 70 copies were distributed in the City daily at about I p.m. Information regarding storms was also telegraphed to Hongkong and exhibited on the various notice boards as often as such telegrams could be justified by the weather observations received. This occurred on 101 days in 1907.
3. In connection with storm-warnings the staff was increased in August by the appoint. ment of another computer. This permits of a computer being on duty at night throughout the year.
4. The following signals in connection with typhoons were hoisted during the year. Red South gone and Red Drum twice, Red South Cone alone once, Red South Cone aud Red Ball once, Red Ball alone once, Blsk South Cons slope four times, Black South Cone and Black Bill four times, Black Ball alone once, Black
North' Cone aud Black Ball once. The No. 1
night signal was hoisted five times, and the No. 2 night signal eight times,
5. By the new code of signals the typhoon guo, which was fired formerly whenever a strong gale was expected to blow in the Colony, is dispensed with. Its place is not fully taken by the bombs which are to be fired only when the wind is expected to reach fully typhoon force. The new night signals, mounted on the roof of the Water Police Station at Tsim-Taa- Tsui in July last, proved nseful on several occasions. These signals are repeated at the Harbour Office and on board H.M.S. "Tamar" and are thus visible in all parts of the harbour.
6. With the co-operation of the Honourable the Harbour Master,, a barometer was fixed at Waglan and observations from thence have been telegraphed to the Observatory daily since June last. These observations, carefully made by the lighthouse staff, although not of the first importance as are those made at Gap Rock, have been of considerable assistance, the more parti. oularly as owing to the interruption of the Cable, observations from the latter station were not available throughout the year. The cable has however, since been repaired and observa-. tions from the lighthouse are now promptly received here.
7. The Director of the Meteorological Service in Phulién kindly arranged to have the