October 31, 1908.]
HONGKONG.
There was not a single case of communicable disease in the Colony last week.
Major-General and Lady Pole-Carew arrived in the Colonyon Oct. 26th from Japan by the French mail steamer "Caledonien."
Captain Lyon, the newly appointed Com- modore, arrived on Cot. 29th by the "Delti." The Commodore is accompanied by Mrs. and Miss Lyon. Mrs. May, Mrs. Gompertz and Mr. and Mrs. Murray Bain returned to the Colony by the same steamer.
As the result of the recent quarrel between a number of coolies at the Peak, two of their number who took part in the fight-Ku Leang and li Shek Shui-were placed before Mr. J. R. Wood at the Magistracy on Oct. 29th on a charge of murder. Formal evidence was beard and the case adjourned.
At the Supreme Court on the 26th inss. before the Chief Justice (Sir F. Piggott) Sir Henry Berkeley moved that Mr. Leonardo d'Almada e Castro be admitted to practise as a solicitor, Bis Lordship replied-We bear you have passed a very excellent examination. We have very much pleasure in admitting you.
Our readers will be interested to learn that, though it was not possible for the scalptor (Mr. G. E. Wade) to despatch the statue of the Princess of Wales to Hongkong with that of the Queen which has already been forwarded, the former was in the hands of the founders when the last mail left and will be completed as soon as possible,
+
There was a quiet wedding at the Peak Church on ct. 29, Mr. J. H. Kemp, First Police Magistrate, being married to Miss Mary Stuart who has but recently arrived from England Mr. J. R. Wood was the best man, and the bride was given away by Mr. L. Gibbs. The Rev. J. H. France conducted the marriage ceremony. The happy couple afterwards received the felicitations of their friends at the re idence of Mr. and Mra. Gibbs, and later left for Macao on the honeymoon.
The following dined with H.E. the Governor at Government House on Thursday night :- Mr Mrs and Miss Chatham, Mr E. A Hewett, Mr and Mrs Konrad von Wiser, Com ander Heard, B.N., Commander Borrett, R.N., Lieut. and Mrs Batterworth, R.N., Lt. Col. Broke, R.E., Captain Butober, R.A., Captain and Mrs Proctor, Mr Gray Scott, Mr and Mrs Gale, Mr and Mrs tiaher, Mr and Mrs Jaffé, Mr and Mrs House, Rev. and Mrs Ennis, Mr E. C. L. Lewis, Mr and Mrs Harris, Mr and Mrs Northcote, Mr and Mrs Clothier, Mr Simson, R.A., Mr. Ralphs.
WAS
The farewell tattoo of the Middlesex Regi- ment took place on the ground of the Hong- kong Cricket Club on Oct. 29th, and was wit- nessed by a large attendance of spectators, who lined the fence and filled the pavilion, while many to obtain a better view took up a posi- tion on the roof, which reached by means of a ladder. The verandahs of the Hongkong Club and the Annexe were also filled, At ten o'clock, when the tattoo started, the cricket ground presented an animated and pretty appearance, the performance of the soldiers with their vari-coloured Chinese lanterns, combined with the excellent music of the bands, invoking the applause of the large attendance, which included the guests of the dinner at Govern- ment House.
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44
CHİNA OVERLAND TRADE REPORT.
SUPREME COURT.
Monday, 26th October,
In Appellate JurisdicTION.
BEFORE THE FULL COURT.
LANDLORD AND TENANT.
907
The Registrar-On the 29th September. Sir HoaryThere is no question of time. The judgment was delivered in vacation.
The Court fixed the appeal to be heard next Monday.
Wednesday, October 28th.
IN SUMM BY JURISDICTION.
BEFORE MR. H. H. J. GoMPEETZ (ACTING PUIsne Judas),
A MATTER FOR ARBITRATION,
firm against Tang Chee, otherwise Dang Chee, Action was brought by the Ham Sun Wing
claiming from the defendant as one of the Com- mittee of the Kowloon Cricket Clab the sum of $744.08, being as to $30, balance due in respect of a contract for the construction of a club house, and ae to 8444.03 for extra work done to the said olub house outside the contract.
Hastings) at peared for the paintiff, and Mr Mr. Davidson (of Messrs Hastings and P W. Goldring (of Messrs. Goldring, Barlow and Morrell) for the defendant.
Acting Puisae Jadge (Mr. H. H. J. Gomperts) The Chief Justice (Bir F. Piggott) and the sat to hear a motion moved by Sr Houry Berkeley, K.C., instructed by Messrs Ewens and Harston, on behalf of the Humphreys Estate and Finance Company, for leave to set aside a judgment of the Paisne Judge in the action P. W. Goldring against the appellanta" in which his Lordship found for the plaintiff. The notion was one in which the plaintiff claimed for damages from the defendants for damage done to his property while he was a tenant of the defendant. Mr. Goldring appeared in person. should be set aside because, (1) the Acting The appellanta naked that the judgment Pasne Judge held that the defendants had suffered by the plaintiff was caused; (2) be beld been guilty of negligence whereby the damage
Mr. Goldring said he wished to raise the point state of the roof and the gutters whereas the be submitted to arbitration, and the proper that the landlords had means of krowing the that the matters in dispute had been agreed to evidence shows there was no means of getting course was for the asse to go to the arbitrator. on to the roof; (3 he held that the negligence His Lordship-Is that in t sagreement ? of the defendants arose from the fac's that the Mr. Gol ring-Yes, it is contained in the dimage was caused by the reason that either (a) contract of the principals that doubts, disputes the pipes had become oboked by gradual and differences of opinion should be referred scoretion of matter extending over long to Mr. E. M Hizeland as arbitrator. The period of time or (b) the obstruction was the only provisions for arbitration are contained effect of the storm of July 29th, 1909, whereby in the Code, in a section of which it is stated inspection would have revealed the condition that if any party takes legal proceedings the evidence that the damage of pipes or gutters whereas there was no other party can apply to, the Court for a stay either of the above reas '08.
osused by of such proceedings. I would have made appli- the decision
Farther that cition before, but the plaintiffs approached Was wrong in law
that my client and came to my office with a view to he held no notios Was necessary (on having the matter settled by Mr. Hazeland, the facts found by the judge the plaintiff As a matter of professional etiquette I himself was negligent in not giving notio could not see them, and they decided to go on. to the defendants of the dampness of the I would ask your Lordship for a stay of pro- ceiling seen by him; (3) the pipes and gutters on coeding. This is eminently a oase for Mr. the roof are part and parcel of the fat let to the Hassland to decide the questions in dispute, plaintiff by the defendants; (4) the covenant in such as overtime, extras and penalties. The the agreement only extends to structural defects whole case turas on Mr. Haslaud's evidence of the roof and walls and not to choked pipes, and nothing else, and I submit that the proper
course would be to refer the matter to him.
WBA
Sir Henry addressed the court and asked for leave to appeal. The case # 6 one of wid · reaching importance to this Colony and the general principles he submitted then and would press upon the Court later was that the Puisne Judge was wrong in bolding that the posses-ion and control of the roof of the verandah and the roof covering the fit did not pass to the tenant under the lease.
He would submit that every- thing which was necessary to the enjoyment of the thing demised, the flat, passes with the demise.
The Chief Justice-Tha' would apply to the third and fourth flats?
Sir Hoary-Yes, in sucession, but in this particular case it applies to the fit under the roof. I am prepared to admit that it will have to be extended throughout.
The Paisne Judge-You remember the case in which it was not demised.
Sir Henry-That was between third parties Mr. Goldring- I appear in person. There is only one point. I submit the appellants are
out of time.
The Chief Justice-What is the practice here with regard to appearing in person?
Mr. Goldring-I don't know, my lord. The Chief Justice - Do you need special leare to appear in person ?
M Davidson-This is not a case which is rovided for by the clause my friend bas read at all. The position is this: What is sued for is a sum of $300, part of the contract prios for which Я certificate bas been given by the architect; and a sum of $444.03 for extra work, which has also been certified by the architect.
Mr. Goldring-Subject to certain deductions which Mr. Holand was to make,
The certificate was given in the morning, subject to certain work being completed in the afternoon, but when the contractor got the certificate, he did not finish the work.
Mr. Davidson-It is implied also in the ontract that sfinal certificate shall be conclusive between the parties, and shall close all socɔunts. His Lordship (to Mr. Goldring)— You are not contending that these certificates are not good P
Mr. Goldring-No, bút this is a maltar for Mr. Haz land entirely. The work is not yet finished, but the certificate was given the contractor on the understanding that he would finish it.
His Lordship—I should have had affidavita. Mr. Davidson- l'he statements my friend and I make are statements not proved. I proposa to pat in the certificates which are perfectly
Mr. Goldring-No, you can always appear inconclusive, whatever Mr Hassland my hare person.
Sir Henry-I think Mr. Goldring has the right to appear.
Dr. Sven Hedin, the famous explorer of Tibet, arrived in the Colony on Oct. 29 by the P. and O. mail steamer "Delhi", and became a guest of His Excellency the Governor. The Mr. Goldring then quoted the rection to the distinguished visitor goes northward to day by effect that if a person was dissatisfied with a the same steamer homeward bound via Siberia.jadgment of the Paisne Judge he might within Dr. Sven Hedin has made valuable discoveries seven days apply to the Full Court for leave to in Tibet which will be important to England appeal. No application was made to the Fall from the strategic point of view. He spoke Court for leave within the spepit d time and the Yarkandi during most of the journey, and he notice was barely fied in time. Tus Court had describes the Tibetans as most friendly, adding, already decided the point that application must however, that the orders regarding foreigners be actually made to the Fall Court within are most striot. He was obliged, therefore, to seven days, burn all his clothes and English boxes, and conceal his maps in sacks of rios. He had also to live on the grain foods of the country, de has, however, saved his valuable maps.
The Chief Justice-The Fall Court extend the time.
may
said or thought at the time A bill for extra work was submitted to Mr. Haseland, he made some deductions in red ink, certified the amount as correct, and initialled it. How can my friend go behind that certificate a ́d my that the matter should be referred to Mr. Hozeland?
Mr. Goldring-In that case the form of writ is wrong. applied to the Court to bare the award made by The plaintiff shoul! have sued or
anorder of the Court. Therefore, if my friend contends that, he must be non-suited.
Mr. Davidson—The object of this arbitrațion clause is that Mr. Haseland's opinion should be giveo, and his decision has been given. I submit that this certificate concludes the whole thing. His Lord-bip-I don't see how I esu do Sir Henry-When was the judgment given anything without having affidavits before ma“.
Mr. Goldring-That is sq.
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