Page
June 13, 1908.]
by Lam Woo, to procure advertisements for the hoarding. He paid
the money
to Mr. Pollock who signed on behalf of Lam Woo, Plaintiff then came to him and said he was the man who was canvassing for such advertisements, but he told him be had settled with Pollook. I he term of the contract expired in March but the advertisement was still up "free for nothing."
Plaintiff then called witnesses to show he had approached them for advertisements.
Mr. Slade said there was no case to augwor. His Lordship disagreed, pointing out that on the face of the agreement it was a breach to employ somebody else.
Mr. Slade said the reason was that plaintiff did nothing for a time. The defence was a denial of the terms of the contract stated. The plaintiff was to receive half of the money received for advertisements which he procured and he was to have no interest in any other advertise ments.
Defendant said that after the contract had been signed the plaintiff did nothing, and he arranged with Pollock to obtain advertisements and he entered into contracts with the adver- tisers himself. He had always been ready and willing to accept any business plaintiff brought in.
At an interview it was arranged that plaintiff was to pay Pollock $100 to go out or that Pollock was to pay him $200 to go out, but both were penniless and asked him to advance the money so that the agreement came to nought.
His Lordship said he did not think plaintiff had a "leg to stand on.'
"
Mr. Maher then addressed the Court,
His Lordship said plaintiff had himself to blame. He had a good idea and persuaded, Lam Woo to accept it but let it slide. He eould not conduct business that way.
Judgment for defendant.
IN SUMMARY JURISDICTION,
AN EMIGRATION CASE,
The hearing of the case in which Cheung Kwok Wan sued Chan Heaug Yeuk for $700 money paid for services to be rendered which were not rendered. Mr. C. F. Dixon, of Messrs Hastings and Hastings appeared for the plaintiff, and Sir Henry Berkeley, K.C., instructed by Mr. G. K, Holmes, appeared for the defendant.
CHINA OVERLAND TRADE REPORT. HONGKONG LEGISLATIVE
COUNCIL
A meeting of the Hongkong Legislative Council was held on June 11th in the Council Chamber.
PRESENT:~
HIS EXCELLENCY THE GOVERNOR, SIR FREDERICK JOHN DEALTRY LUGARD, K.C.M.G., C.B., D.S.O.
His Excellency Major-General BROADWOO, (General Officer Commanding)|
Hon. Mr. F. H. MAY, AM.G., (Colonial Secretary).
Hon. Mr. W. REES
DAVIES (Attorney-
General).
Hon. Mr. A. M. THOMSON (Colonial Trea. surer).
Hon. Mr. W. CHATHAM, C.M.G. (Director of Public Works).
Hon. Mr. E. A. IRVING (Registrar- General).
Hon. Commander BASIL R. H. TAYLOR, R.N Harbour Master).
Hon. Dr. Ho KAI, M.B., CM., C.M.G. Hon. Sir HENRY BERKELEY, K.C. Hon. Mr. H. E. POLLOCK, K.C. Hon. Mr. WEI YOK.
Hon. Mr. H. W. SLADE,
Hon. Mr. MURRAY STEWART, Mr. C. CLEMENTI (Clerk of Councils).
MINUTES.
The minutes of the previous meeting were read, and confirmed.
FINANCE MINUTE.
H.E. the Governor laid on the table the report The COLONIAL SECRETARY, by direction of of the Finance Committee (No. 9) and moved its adoption.
The COLONIAL TREASURER seconded and the motion was agreed to.
THE AMERICAN FLEET.
to
379
HIS EXCELLENCY-We adjourned considera- Lion of clause 44 at our last meeting of Council in order that the unofficial members might have a little more time to consider the provisions of the now clause. The amendment in its present form had only just been received from the printers it had been shown by the hon. and learned shortly before the Council met, but I understand
member on my left to the unofficial members and I had hoped that they would have had time to grasp its principles. They are in brief that the Government should accept re- sponsibility for all compensation due to the owner of the house which is demolished, together with the cost of demolition, while the owners of the two adjoining houses should be liable for the cost of making lateral windows and any alterations which might be necessary to the two inner walls if they required to be strengthened. They will be solely responsible for the improvements to their own property and not for the three houses. I am told that the proportion of cost falling upon the Government and upon the owners respectively works out at about $5000 to the Government, as against $1200 to each of the owners of the adjoining houses. The Government therefore bear two thirds of the cost of the entire improvement instead of the one half as was proposed by the senior na. official member in speaking to his resolution last Jane. The Government proportion would be still higher if the two inner walls did not require to be strengthened. I am taking an ex- In considering this scheme I would to do so from three different standpoints, The first is: Will the scheme depreciate property and make the title uncertain aad deter investors and mortgagors? Assuming the capital spent on the improvement to be $1200,
Before Mr. H. H. J. GOMPERTZ (ACTING the business to-day I propose to read the tele- HIS EXCELLENCY-Before we proceed with PUSINE JUEGE).
graphic correspondence respecting the in- vitation to the United States. Fleet to visit the Secretary of State Hongkong. The telegram of 1st April to | His Majesty's Government
was: "Propose, if invite concur, American Fleet to Hongkong. curs." The Secretary, of State replied on the Jordan con- 8th April, 1908. His Majesty's Government ee
"Your telegram of 1st April.
no objection. Invitation will be communicated U.S. Government." There was a further telegram from the Secretary of State on 25th April, 1908: accept insitation." I telegraphed again to the "Your telegram of 1st April, U.S. Government Secretary of State on 6th June; American Consul informs me latest news from Washing- ton American Ships of War do not contemplate sit to Hongkong. See your telegram of April 25th." The Secretary of State replied on the 10th June-that was yesterday" U. S. Government regret that it will not be possible
of returning home by a certain date." for fleet to visit Hongkong owing to necessity
Plaintiff asserted that the $700 was paid to defendant on behalf of certain men who were guaranteed by him a safe landing in the United States. If they were not allowed to land the money was to be refunded. The men proceeded to Shanghai whence the voyage to America was to commence, but at that port the defendant's agent who had accompanied them thus far disappeared and they were unable to proceed.
The defence was that plaintiff procured an introduction to the defendant who agreed that he should attach certain persons to the train of the Chinese Consul proceeding from Canton to San Francisco and in this way get them into the United States in contravention of the regulations. The sum of $700 was paid to the defendant for obtaining assent to include those persons in the train of the Consul, and the sole obligation of the defendant was
to obtain
the assent of the Consul to embarking those men from Hongkong as part of his train. They went as far as Shanghai but he under- took no responsibility for their landing in the
United States.
Judgment was given for the defendant.
A general meeting of shareholders of the Nippon Yusen Kaisha was to take place in the Tokyo Chamber of Commerce on May 27, when a dividend of 12 per cent was to be declared as usual. The Directors' report says that in view of the post-bellum inactivity of the mercantile marine and also of the depression in domestic and foreign economic circles, the Company has made every effort to increase revenue and to curtail expenditure. Four steamers are left idle. Japan's mercantile marine is thus likely to remain inactive for some time to come. Mean. while attention will be paid mainly to the principal lines at the expense of smaller ones.
THE APPROPRIATION BILL.
treme case.
ask
The COLONIAL SECRETARY moved that the Council into committee on the Bill entitled
go an Ordinance to authorise the appropriation of a supplementary sum of 3166,735.85 to defray the charges of the year 1907.
the motion was agreed to.
The COLONIAL TREASURER seconded and
CHEMISTS AND DRUGGISTS ORDINANCE
if
you
the interest on that sum were added to the rental of the property it would no doubt ba viewed as an extra incumbrance, the equivalent of an additional ground rent. To meet this objection it has been proposed that the owner should have the option of paying the entire sum at once, or carrying out the work at his own expense.
To the latter
I have no objection whatever; in fact the Government would welcome such action.
The owner then by paying this sum down obtains an improvement of more than double the value of what he expends and his houses are legally able to accommodate 42 instead of 38 persons, and of this increased rental he alone derives the advantage. It was argued by the hon. member who represents the Chamber of Commerce that it was strange if there was this advantage that it had not been long adopted by owners of property but the Colonial Secretary pointed out in reply that the advantage I described could not be obtained until the clause in the bill which allows for the reduction of the cubic area per person in relation to pace and external air had been passed. That clause in fact was amended
as part of the present scheme. I also pointed out that unless the three houses were under the same ownership it would be very difficult for the owner of any single house to take action in this direction and without the intervention of Government. It is at the option of the owner to pay the compar. atively small sum at once, obtaining in return increased living space and the improvement of his property, thereby freeing his title from any I think therefore the clause encumbrances. should recommend itself to the owners of property. The second point of view is: Is this measure calculated to improve the sanitary condition of the city? The answer to this question was abundantly supplied in the speech by the hon. and learned member on my left (Mr. Pollock) this time last year and also in the speech of the senior unofficial member in speak-
The ATTORNEY-GENERAL With regard to the committee stage of the Bill entitled an Ordin- anoe to provide for the registration of chemists and druggists which was adjourned at the last meeting of Council in order that I might haveing on his resolution in the following debate and an opportunity of conferring with a number of persons in reference to a certain amendment, I may add that that the Principal Medical Officer of Health and myself have arrived at an agree- ment but the clause needs to be redrafted. I would, therefore, suggest that the committee stage be deferred until next week.
Agreed to.
PUBLIC HEALTH AND BUILDINGS ORDINANCE
The Council went into pommittee on the Bill entitled an Ordinance to amend the Public Health and Buildings Ordinance 1903 and the Public Health and Buildings Amendment Ordinance 1903,
in the verdict of the Cubicle Committee. All agreed that it was the best scheme yet put for. ward from a sanitary point of view, as apart from the financial and structural side of the question* The policy of very costly resumption adopted in the past has not been a successful policy. It involved the taxpayers in this; colony in enormous sums of money. As a matter of fact the property resumed has for the most part remained on the hands of the Goverment. Moreover the resumption scheme is of necessity a very large scheme and one which involves an immediate large capital outlay whereas the scheme We are discussing is one which