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August 31, 1908,]
NEW BUILDINGS ORDINANCE PROSECUTIONS.
EXCITING SCENES AT THE MAGISTRACT.
During the last few weeks 160 summonses have been served on property owners for failing to comply with notices served by the Public Works Department to effect certain repairs in houses. The prosecutions were taken under the amended Public Health and Buildings Ordinance, and Messrs. Edwards and Hutchings, inspectors of the Public Works Department, appeared to prosecute.
The first summons called on was that against Mr. A. Shelton Hooper, Secretary of the Land Investment Co., and when asked by Mr. J. R. Wood to plead, he pleaded not guilty, and requested a month's adjournment.
His Worship said he would allow him one week.
Mr. Hooper said workmen were very scarces owing to the recent typhoon. He considered it a crying shame for the Public Works Depart ment to bring the public up in such numbers as they had done, when the public were not really at fault. He considered it much more important that the damage done by the typhoon should be repaired before the paltry work required by the ublic Works Department, such as the rendering of cement walls, putting iron grating in drains, etc. He could show an instance at the Supreme Court where pipes and other sanitary defects wanted attending to as long as six months ago, and had not yet been touched. Of course, the Government could not be com. pelled to do Government work, but it could compel the public to carry out repairs. He only brought this before the notice of the public to show that what was "sauce for the goose was sauce for the g.nder." He would certainly bring this matter to the notice of the Governor. | Such treatment could not be tolerated.
The summons was adjourned for a month. The summons against the Land Reclamation Company, which was represented by Mr. Mow- bray Northoote, was next heard. Mr. Northcote asked for a month's adjournment and added that he had been absent from the Colony when the summons was served. He had only received the notice the previous day and he was of the opinion that the work had been done.
Mr. Edwards said the work had not besa | done on the occasion of his last visit,
Mr. Northcote said if the work was not done it was on account of the scarcity of workmen.
His Worship remarked that Mr. Northcote had taken no steps to have the work done.
Mr. Northcote replied that he was away when the summons`was served.
His Worship-Surely there is some one to do your work when you are away ?
Mr. Northcote replied that there was not. The summons was ajourned for a month. A few minutes later Mr. M. J. D. Stephens entered the Court and indignantly demanded to know the reason why he had been summoned there. He was not the owner of the particular house for which he was summoned although he owned four houses in Queen's Road Central. Could the Public Works Department do things like this ? To bring him to the Magistracy on such a very wet day was a shame. "Now I am here," he continued, "Your Worship had better look me up in one of the cells to secure me, as I am not easily to be found.' "Look me up; Look me up," proceeded Mr. Stephens, you will then know were to find me when you have other summonses to serve upon me.
Mr. Edwards said if a mistake had been made the summons could be withdrawn,
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Mr. Stephens said he would not allow the summons to be withdrawn. It must be proceeded with. He was going at oLoe to see the Governor about the matter, and if he did not get satis. faction he would write to the Secretary of Stata. The summons against Mr. Stephens was struck out.
Messre. Peroy Smith and Seth were also summoned. Mr. Beth appeared and said the summons was undated and it was only by chance he learned he had to appear that mor ning.
The summons was withdrawn,
Mr. A. V. Apoar was also summoned but the case was not proceeded with,
The other summonses were adjourned.
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CHINA OVERLAND TRADE REPORT.
MOTOR CAR AND RICSHAS,
SCENE AT A FUNERAL.
MESA PENDANTS
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A case of more than ordinary interest was heard at the Magistracy on August 24th before Mr. J. R. Wood when 8. A. Marican, proprietor of the Dragon Cyole Depot, appeared to answer a charge preferred by ariosha coolie of recklessly driving motor car in Wong-Nei Cheong Road on the 18th inst. and another pat forward by Mr. Swart, of Mesars Schuldt and Co., for driving in a furious manner to the danger of the public. Mr. E. J. Grist appeared for defendant, who preferred counter charges against Mr. Swart for assault and using threatening language.
The osse was part heard before and the evidence taken on that occasion was read. Mr. Grist oross-examined the ricsha coolie whose vebiole was struck by the motor car. He said
that he did not notice the car before it was on him. He heard the horn sounded. His ricsha, was stationary at the side of the road and he was in the shafts. The people were leaving the cemetery.
And you were in the act of taking your ricaha to your fare P-Vo. I did not see my fare.
Mr. Grist proceeded to argue that the witness had made a different statement before, when
Mr. Swart intervened-Let the witness speak for himself.
His Worship -All right, Mr. Swart. Witness added that he wanted compensation, Mr. Swart then gave evidence. His state- ments at the last hearing having been read,
Mr. Grist proceeded to cross-examine him. You had only just come out of the cemetery
-Yee.
What then?-I heard an awful crash. Then you did not see the accident ?—Yes. I heard the whistle blowing.
How far away? I could not say. He was blowing the whistle all the way from the Happy Retreat P-Yes.
You didn't turn round to look at him ?—Y、 8. You saw him go straight into the riosha ? Yes.
He must have been right in the middle of the road P-The road is very narrow there.
There were a lot of ricshas ?—Yes.
All over the road ?-No, They were in a bunch.
You came out of the cemetery ?—Yes. And the ricehas came running up to you?- Yes. Some of the people had left the cemetery. The motor pulled up as quickly as it could ? Not until it was among the richas.
Then it pulled up P-It had to pull up be cause it was facing the wall (laughter).
When the motor was stopped it was facing the course ?--Yes.
Right across the road? -She nearly turned turtle amongst the ricshas.
That was in her endeavour to pull up - Holy Moses! Why didn't she turn up before?
His Worship-Don't argue.
The evidence of Mr. O. Wagher taken at the last hearing was read. He said he was jammed between the ricsha, the wall and the motor. The driver did not apologise.
Mr. Swart did not call further evidence, his Worship having remarked that he had a case, if the evidence held.
Mr. Grist submitted that there was Do case. The law was that if the driver took all reasonable precautions to avoid a collision no
blame could attach to the driver. If the driver aw a man in the road and he sounded his horns and the man refused to get out of the way he would be responsible for any accident that happened to him as the driver had taken all reasonable precautions,
His Worship disagreed with this rendering
of the law.
Mr. Grist contended that the driver had the right to go on. It was the daty of the man to get out of the way. If his Worship was not in accord with that view he would ask him to state a cs50. It was admitted that this man had dɔre everything to avoid a collision—
His Worship Except go alow.
Mr. Grist-He was going it eight miles an hour which is an extremely moderate pace for a motor car.
His Worship-Yes.
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Mr. Grist pointed out that a motor car could be pulled up in three yards when travelling at a good speed. The rioshas were across the road and the driver had a right to expect that they would make room for him to pass.
His Worship said he would transfer the obarge to another section of the Ordinance which applied to motor cars.
M. Grist said that the section only applies provided the motor was not driven in a rea sonable manner.
His Worship held that driving into a funeral party was unreasonable.
Mr. Grist-That is pure sentiment. It has no legal ground.
His Worship added that it would be the same wherever there was a orowd.
Defendant gave his account of the occurrence. He said he was driving a motor car from the Happy Retreat to the golf course. It was capable of doing between 15 and 18 miles an hour, but at the time in question it was travelling about eight miles an hour. About 150 yards off he saw the crowd of ricshas at the cemetery and sounded his horn all the way up to the crowd having in the interval reduced the speed to about four and a half miles. He expected the rioshas would have cleared and left a space for him to pass. He approached at walking pace and as he could not get through he swerved to the side and struck the ricsha in the side channel. He had driven a motor car for at least three years. When he went to Singapore he went before the Captain Super- intendent of Police who said he did not need s license.
By the Court-He swerved to the right in order to avoid striking the riosha in front. When six feet off the riosha he could have pulled up.
Why didn't you pull up ?--I expected the ricaba to move out of the way.
When did you put your brakes on full ?- About two yards off.
How far do you reckon your car travelled after that?—A yard and a half.
By Mr. Swart-He was not charged with a similar offence before. Last year he accidentally killed a man.
Mr. Swart-Why didn't he pull up before he was among the crowd ?
Mr. Grist-He has a right to the road. Mr. Swart-So has the riosha coolie. His Worship--Just so.
Mr. Swart-I am no lawyer. Pardon me if I go too far.
Mr. Grist-He has a right to expect that the crowd will get out of his way,
Mr. Swart-Damn it! He has no right. I beg pardon.
Defendant, in answer to questions put by his Worship, said he promised to give the coolie compensation.
His Worship-I think you ought to pay him. Has he refused compensation from you?
Defendant-No.
His Worship dismissed the summons for furious driving, but found the charge of driving in a negligent manner proved.
Mr Grist-I shall ask your Worship to state a case.
His Worship-State a case here and now ? Mr Grist-No.
His Worship-You will have to go through the usual preliminaries.
Mr. Grist-Yes.
His Worship-I shall have to impose a fine of $5 or 14 days. Defendant will also have to pay $2.50 compensation.
The counter charges against Mr. Swart were heard.
His Worship Did you shake your fist at him?
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Mr. Swart-Perhaps I did so after he put his dirty hands on my white clothes. I fold him I would make him pay for it.
His Worship-I will enter a plea of not guilty on both charges.
8. A. Marican then stated that when he got out of his car defendant caught hold of him, swang him round, shook his fist at him, and swore at him. He called witness a blackguard, a fool, and said he was not fit to drive a motor
car.
Mr. Swart-He's a liar. Mr. Swart was cautioned, Complainant added that he offered compensa- tion to the ricsha coolie.