October 11, 1909.]
THE LEVYING OF DISTRESS WARRANTS.
IMPORTANT CASE AT THE MAGISTRACY.
At the Magistracy on the 1st inst. before Mr. J. R. Wood, Aryn, alias Yala, of Messrs. David Sassoon and Co., was arraigned on charges of, not being a bailiff, or acting uuder | the Distress for Rent Ordinance of 1883, unlaw- fully did attempt to levy, or levy, a distress for arrears of rent.
Mr. H. L. Dennys, Jr., from the office of the Crown Solicitor, prosecuted, and Mr. H. W. Looker (of Messrs. Deacon, Looker and Deacon) appeared for the defendant.
Mr. Dennys stated that the defendant was alleged, on September 22nd, to have gone to No. 9, the Praya, Kennedy Town, a domestic build- ing, and to have asked the people inside for rent. The rent not having been paid, the defendant was alleged to have turned the inmates ont. and to have impounded certain of their goods.
His Worship-Is the defendant alleged to have done it himself, or by agent?
Mr. Dennys-Himself and by agent. Lam Sing Chan stated that on September 22nd the defendant and a Chinaman drove her away from her house. She asked to be allowed to stay to eat her rice, but the defentant told her to go away. She said the mistress owed him money, and then witness offered to pay him a month's rent. She left all her furniture behind, and had not yet recovered it.
CHINA OVERLAND TRADE REPORT.
did not come within the provisions of the section.. A bailiff's functions did not commence until he had got a warrant. The first thing the prose
ention had to establish was that the rent which it was attempted to collect could be properly collected under the Ordinance. The premises in question being a brothel, there was no right to recover the rent.
His Worship (to Mr. Dennys)-Can you distinguish this case from the previous one
Mr. Dennys Yes, I believe the previous case was one in which the people were turned out. There was only one witness, and no evidence of distress at all.
L
Mr. Looker-The evidence was exactly the same as in this case.
Mr. Dennys contended that the Ordinance simply said rent, and did not mean rent legal to recover or otherwise. Power to distrain was vested in the bailiff, and a landlord had no right to serve a distress warrant.
His Worship said he would consider the fase, and adjourned the hearing sine die.
DIAMOND CUT DIAMOND.
By clever ruses the police have succeeded in breaking up two gambling establishments at Quarry Bay and Shaukiwan. The police know for some time that gambling had been going on
at a certain house in Shaukiwan and that it was conducted by a syndicate of ten, but the keepers of the house had developed such a system of espionage on the police that the latter could not hope to obtain access to the place while gambling was going on. Inspector Collett however, arrang- ed with the Central authorities and when the Inspector and his detective saw the emissary from the gambling house watching them at the station they knew that gambling was in full swing at the house. The Inspector com- municated with the Central, and Sergt. Ap-
In cross-examination witness said she was a prostitute, and the second floor on which she lived was a brothel. Witness did not know why the mistress ran away, but she took her clothing with her. The utensils left be- longed to her. The only goods belonging to the mistress were the things in the passage and the things in the cook-house. Witness was allowed to take away her clothing, but the defendant declined, to let her take away any-pleton and a posse of police left for the scene. thing else.
Inspector Brown, of the Registrar-General's department, stated that in consequence of a complaint made by the last witness he went to No. 9. the raya, Kennedy Town, and found the second floor locked up. Witness sent for the rent collector and asked if he locked up the place and refused to allow the girls to take their things away. He said he did, because the mistress owed his master three months rent. On the door being opened the last witness and other girls pointed out things belonging to them. Witness asked the collector if he would allow the girls to take their things away, and he declined.
Cross-examined-Witness instituted similar proceedings a few months ago, but he could not say why the case was dismissed.
Isn't it a fact the case was dismissed because the premises were brothels ?--I believe that was the reason.
Mr. J. H. Kemp, Registrar of the Supreme Court, said the defendant was not attached to the Court, and had no authority to levy a distress.
In cross-examination witness said all dis- tresses had to be issued by a bailiff. It was not the practice at the Registry to issue a warrant to a bailiff to distrain on a brothel.. in consequence of a decision of Mr. Justice Wise. In the present case witness would have refused a warrant.
Mr. Dennys submitted that this case was an unfortunate one in many ways, because it turned a landlord's right personally to levy проп distress. In this case it was alleged that the defendant had been acting practically as a bailiff without authority of any sort. He had distrained or attempted to distrain. In this Colony it had been expressly enacted that all distresses should be levied by a public officer. Provided his Worship was satisfied with the facts, Mr. Dennys submitted that the defendant ought to be fined the maximum penalty.
Mr. Looker submitted that there was no evi- dence of any offence. There was no proof that the defendant actually took any overt step which resulted in these goods being locked up. In order to convict any person for usurping a bailiff's functions, it should be proved that he was the actual person who usurped those func- tions. Ou the face of the Ordinance, and the facts as proved, it was clear that the defendant
Meanwhile Inspector Collett took charge to show himself to the gambling house spy, who was thus thrown off his guard. In a short time Sergt. Appleton and his men reached the house and entered by the back door, taking the inmates completely by surprise. The majority of the gam- blers escaped, but eleven were arrested. The police also removed the whole outfit, which included a bell on a long wire attachment with which to give the alarmi, tables, chairs, cards, etc. rought before Mr. Hazeland at the Magistracy, on Oct. 4th two leaders were fined $500 each and the remainder $3 each. ·
A similar ruse was carried out at Quarry Bay. The police caine from Wanchai on this occasion and captured 24 gamblers, one man, who jumped out of the window, having to be taken to the hospital. In this case the two keepers were fined $200 each and the others $2 each.
́HONGKONG'S WATER SUPPLY.
319
HONGKONG GENERAL CHAMBER OF COMMERCE.
Minutes of a Monthly Meeting of the General Committee held in the Chamber Room, St. George's Building, Chater oad, Hongkong, on Thursday, the 23rd September, 1909, at 4 p.m. President-Hon. Mr. E. A. Hewett (Chair: man), Mr. J. R. M. Smith (Vice-Chairman), Hon. Mr. W. J. Gresson, Messrs. J. W. C. Bonnar, A. Babington, John W. Bandow, D.R. Law, H. A. Siebs, E. Shellim and E. D. da Roza (acting for the Secretary).
MINUTES.
The Minutes of the Monthly Meeting of the General Committee held on the 3rd "Angust, 1909, were confirmed.
THE BLOWING? OF STEAM WHISTLES IN THE HARBOUR.
Reply from Messrs. Deacon, Looker and Deacon:-
1 Des Voeux Road, Hongkong, 11th August, 1909: DEAR SIR, We beg to acknowledge receipt of your letter of the 7th instant.
We have always understood from Captaiùs of ships, and generally, that the whistling regu lations as originally framed worked quite satisfactorily. They are as follows:-
"9. No steamship when at anchor near or lying off the Praya, or when moored to or waiting at any wharf or landing-place, shall nse the steam whistle, nor shall such steain- ship, when under weigh, use the steam whistle, except for the purpose of giving. necessary notice of her approach towards any other vessel.
*
10. No steam-ship when entering or leaving the Harbour, or when at anchor therein, shall use her steam whistle, except for the purpose of navigation or to avoid collision. The use of such steam whistle for any other purpose is hereby prohibited." They will be found in Table "M" of the Schedule to the Ordinance as it was originally enacted.
We would recommend that the shipping members of your Committee make enquiries of their aptains as to whether the regulations as quoted above are not satisfactory, or whether they would suggest any amendments.
It will probably be clear to your Committee that it is the views of the Captains themselves which are really important on a point like this.
We have, &c.,
F.
DEACON, LOOKER & DEACON. E. A. M. Williams, Esq.,
Secretary,
Hongkong General Chamber of Commerce.
The following acknowledgement was sent to Messrs. Deacon, Looker and Deacon :-
Hongkong Chamber of Commerce,
12th August, 1909. DEAR SIRS,-I beg to acknowledge the re- ceipt of your reply of 11th August, 1909, to my A detailed statement of the contents of letter of the 7th idem on the subject of the the reservoirs supplying the City of Victoria blowing of steam whistles in the Harbour and and the Hill Districts, arranged according to state that the contents thereof have been to the rain year 1908-1969, is published in brought to the attention of my Committee.-I the current Gazette. It shows that there was a jam, &c. constant supply of water for 276 days, and an intermittent supply by the rider mains for 89 days. The following figures are taken from the statement:
Mouth.
Wet Season-
May
June
July August September Dry Season October November
December January February March... April
J
Total Contents Grand Total of Impounding
of Consump- Reservoirs 1st
tion. of Month.
یه
Rain- fall.
E. A. WILLIAMS, Secretary.
The following letter was addressed to the Government :----
Hongkong Chamber of Commerce,
Hongkong, 29th September, 1909. SI-I am directed by my Committee to Inchies address you on the subject of Regulation No. 392,430,000 143,691,000 1.32 2 of Table "M" of the Merchant Shipping 287,566,000 146,175,000 15.24 Consolidation Ordinance No. 10 of 1899 and its 485,162,000 149,875,000 22.26 relation to the control of nuisances caused by 700,984,000 151.741,000 12.06 the unnecessary blowing of steam whistles in 699,417.000 145,395,000 13.72 the Harbour.
.
The effect of the present regulations is, that 747,340,000 141,192,000 5.45 unless the steamship blow her whistle when in 723,336,000 135.543,000 14 the waters of the Colony strictly for the purpose 628,980,000 136,906,000 4,28 of regulations 15, 28 and 31 of the regulations 549,968,000 136,537,000 1.40 for preventing collision at sea, a nuisance is 455,626.000102,226,000 1.66 committed for which the Master can be fined. 366,387,000 112,958,000 2.35 280,754,000 117,744,000 2.45
My Committee are given to understand it is the invariable practice of seamen, both in the waters of this Colony and in other crowded 1,619,993,000 82.37 anchorages, to give a warning on the whistle of