INTIMATIONS
BROWN, JONES & CO.
DEALERA IN
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CEMETERY MEMORIALS.
Designs and Prices on application. Ofas, 47, QUEEN' ROAD CHRIZAL.
EYE-SIGHT.
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FOR A FEW DAYS ONLY.
12057
A great proportion of onlarate and diseases affecting thera zdvancing in life occur to those having some deficiency in the constraction of the eyes, the many year of "Ego Strain" ending in eorious forms of leones...Glasses apecially adapted in youth to those requiring then sava and preserve the sight,
Constantly rearring, headaches, spells of dimness when walling weak nyes, tire letters running together; any of these symptoms indi- pate a deficiency in the form of the eye requir- ing Glasses only to correct und euro.
M LAZARUS supplies his SPECTA CLES only after testing the sight.
ADVICE FREE.
2746
HONGKONG HOTEL, (Root No. 139).
The football match which was to have been ayet yesterday afternoon between the Hoogs kong Bootball Uins and the Soth Co. did not take place owlog to the bad weather.
Mr. Maurice William Ernest de Hanzon, H.M. Chargé d'Affaires in Slam, has been promoted to the post of Chief Sacstary to the British Embassy at Washington.
At the menting of the Sanitary Board yester day by-laws for the, regalation of bakohe, for providing for the sanitary maintenance of opiam divas, and by-laws ander section 13 of Ordinance 15 at 1804 (Closed Honses and Th sanitary Dwellings Ordinance) were considerad and passed,
The China Guzelts of the 24th November says-Thern is apparently some great upset in the railroad situation in the north, owing to activo appearance of the Belgian on the scene, indging by letters received here this afternoon. The Belgians are reported to be supported by both France and Russia in order to freeze the Americans and British out. Sheng's departars tron Tientsin for this part is now put of till the last bent of the season. It is reported that the bead offles of the Peking-Hankor Railway will be at Shanghai,
REUTER'S TELEGRAMS, SUPPLIED TO THE "DAIET PRESB."
LONDON, 1st December. RUSSIA AND AUYSSINIA. The Times statos tont the Russian Mission to Abyssinia has secured great fuflaence with the Nogue and that it will romein in the coun- A.S. WATSON & CO., LIMITED, try long as the British remain in Egypt. THE RUSSIAN PRESS AND THE
in
THE HONGKONG DAILY PRESS, FRIDAY, DECEMBER 423, 1896,
FINANCIAL MINUTES. Financial minntes No. 11 to 28 were on the motion of the Colonial Secretary, enferred to the Finance Committee..
FINANCE COMMITTED REPORT,
The CoroNIAL SECRETARY brought up the report of the Finance Committee and moved its adoption.
The ACTING COLONIAL TREASURED conded.
Carried
of maintenance of roads and beldgon, and of the repairs to buildings which will probably be. necessary during moxt year.
The additional charge on account of the Pablo Doht is due to the turarse in the con- tribution to the Sinking Funk, which com merged only in October lust.
The large inarcase in the cost of the Sani.... .tary Department, calls for some special ex
planation and an
lo
The increase andor the heading "Pest Olka" is die entirely to estimated inorase in trust charges, or the sum which this colony has to pay for the conveyance of its muil matter. This it is a matter of congratulation, for it indicates ingreden hood cause no alarm; or the other land
estimated expansión" of business and con.. squeal increase of profit,
The increase in the cost of the Medical Departments is owing to the appointment of an Asrielant Surgeon in place of the Medical Officer of the Guot, at a higher salary to the appointment of an acklitional Sister, and to reli deserved incrases in the pay of Dr. Lowaon and the Analyst and Assistant Analyst, and a for rainor appointinenta, izolading the Chinese staff for the now Isolation flospital.
Economics have been ofected sa opportuniby offered, or the line suggested by the Retresh- mont Committee, but snok opporbanitia huro
been rare..
The rate of exchange for the estimates for 1897 in bean takon au 2/1, the same rate as was taken for 1896, which may be regarded us a safe rate as far as the word "safe" can be applied to exchange,
contract spion upon a loan to a dessried, wils Lawn Now this section 19 is taken from the and there was no intention westerer on the pert | who expoaded the money leat upou nestaxies English County Courts Equitabla Jurisdiation af the Government to keep if reora, The sagagament by the wife in to present Act of 1865. This Act is entitled "An Act to Hon. Ho KAYAlthough it is usual, I fustaneo being in the nature of a money debt, ocnfer on the County Courts a limited juris-wiek, eines you have given me permission, to for which (not being of the nature of a contract dietion i Danity sad it is clear that say a few words on this occasion. As a cortala for the supply of nonenarios) the husband is the intention of the local legislature was letter his hoon published by an hon member not liable at law unless he expressly or impliedly to follow the precedent of this statute of this Counot casting a slur nan the whole of by conduct constitutas his wife his agent to for the marginal note to sastian 10 of his unofficial collegies in this Comell, I think borrow money on bis belaff, the presont defendant. Ordinance XIV of 1873 refers to this very Act the enrlioat opportunity should be taken by appears to me on principlo ta bo not able at As regards the extent of the equitable jurisdie individual mombers to plear thandles is
It has bean found that the prosant etaff of lave to the plaintiff in this one. But nyurt from tion thus conferred on the County Courts Mr. pablic and Are the true state of allairs in con-
inspectors is not sufleist to provide for this SATIN CLIMEWASHING OF PREMISES. prinsiple, what have the reported enens and text Pitt-Lewis in his Cousty Court Practico, 2nd action with this rocation Your Exoolondy
The COLOSTAL SEDEETARY I lave the ingestion of the Chinese housen with the fre books to say upon the subject ? In the casa cod. part-1 p. 205, remarks, "It will be found, and referred this questick of light duos to thes
honour to moto that the Council approve of genoy and regularity which are necary. Earle v. Peale, 1 Solkold 380, there is a dotum however, that the whole of the enantments .nomial members in the l way. That of of Farker C. J. we says," A famo vovert my forming on the County Courts jurisdition of ouran, 20 in as the reference to unofsial the by-law regarding the elaansing sad line. The Sanitary Board has accordingly risom bay ccossaries and her not shall make tho has equitable nature are muti moro aarded in malors in concerned, was a policy adopted by washing of premises. I may explain that this incndel, and the Secretary of Slow has ac- band chargeable, but she oumot berrow money their snactments than loso conferring the Government and with that I had nothing by-law has tren altered to most tie convenienes Lioned, the appointment of two more inspectors to đó. -Whether that is a wise policy or an to lay out for necessaries." In the ces of Knox Common Law jurisdiction. There is," he
of the people who will be affooted by it. My of aulances, with the accenary additional unwise policy it is not for me to criticise. But hon, friend opposite who represents the Chi interpreters and foremen of street cleansons. We are requested by the committee of the Al. Brabell, C.B... 334, Crowder J. in the continues, "no gonoral enactment conferring a From Fote of the Soviety of St. Vincent de course of the argument asked Hare you any guneral jurisdiction to try matters of an equit since your Excelleasy has seen at to send a
Dese in this Coureli was consulted in this The salaries for theas new appointments, witt other clicers, and the salary of a temporary TR. N. LAZARUS, Coalist-Optiolan, of Paul to state that the proceeds of the Fête hell Authority that money lent to the wife, though able nature. Bat each annehmsat artiously sounication to this bon, senioruzofficial mem matter and his views were courayed to the various stipulated Inorements in the pay of
LONDON and CALCUTTA, may be con- on the 17th November last amount to about for a specific purpose, may be recovered in a confers a jurisdiction over curtain named coza, bor, at in ratint wo gathered together and Sanitary Board, and this by-law tas been rated for BPECTACLES at the HONG-82,000, Thecommittee desire to publicly soknow action against the instand" and the reply of and ever there named ones only. When there discussed the question. Of course the mesting attered to meet those views and the convenience clark, who was appointed in April, 1995, and ledge their appreciation of the generous support anal was "There is no case expressly in fers a matter is one which, under the all system was not coadunted is uponly on meetings of this of this people who will be affected by the whtso salary does not appear in the 1896 esti KONG HOTEL (Room No. 199)
nates, accounts for the heronse in personal scoonlod to the Society by the community, hath paint at law, but there to a cano in oquity which before the Jadiosture Act, was within the juris Council, und so far as I am concerned I also carrying out of the by-law.
The ACTING COLONIAL TESASURED emoluments, while the increase under other foreign and Chinose. The treasurer requests mes very near this--Harris v. Low, 1 diction of the Court of Choncory only, the advento the policy of the public participating in
olargas-is principaly due to the bighor that those gentleman who have not yet paul for Wine. 18 in which per enriam it was enid, County Court has se jurisdiction Le entertain the unofficial members' deliberations in sny place conded.
Hon. C. P. ONATI-This is a more in the figures of which the cearunging coatrnets aro the tickets eent to them will kindly do so as Admitting the wife cannot at Jaw Berrow it, unless that jurisdiction is in terms bostowod, and at any time, and I think it would be better, soon as possiblu, '
mercy, though for nemersarios, so as to bind the in respect of that particular class of notion, by if there is no objection on the part of the Go right direction, but I should very much like to husband, yet this money boing, sypisk to the some vagroa enactment." Upon the conclusion verament, that in future unofhole gatherings being forward anothat matter contested with use of the wife for her and for series that the equitablo jurisdiction of the Supreme should ba nitended by the members of the Press it, namely, the limewashing of the cases Court in its summary jurisdiction is carefully at all events, so that par Launctions there may twice a year, I think, air, that this is rather the plaintiff that lend this money ist in equity stand
tho place of the restricted in its scope, follows the womaining not be misnuderstood and misrepresented at the
too much. It is not only an expose to the persons who found and provided such questionDoes the word charge in subsection 3 choice of anyone. Now the facts of the case
opasenience and annoyance" to the tenants. bezemacins for the wife, ups thorefers a snch of section 19 of Ordinanzes X4 V. of 1873 include are that bont a fortuight go to a Inndlords but is a scurce of very great in persons would be eroditors of the husband, is the equitable liability of a husband for money as a communication to the onion officia! May I ask your Excellency if you will suggest the plaintiff shall stand in their place and boulent to his deserted wife and expanded is neces-member and he at once convened a meeting by to the Sanitary Board the taking of the masti creditor also," Upon whiny Crowder J. rssaries 4 charge may be defined as an agros circulaing asuination to us. but unfor into anakiurating I Ekinke noty that the marked. That seems rather at variance with mont, declaration, or direction, whereby mal ortunately I was not rare the comminication was colony has been so horoughly cleansed that the rule at law Now this one of Knox y personal estate is expressly or constructively marked Confidential." Ide net kaow whether mawashing once a year all that is unces- Busbell was an action at law for mossy lont to nude liable, otherwin than by yuy of mortgage, it was marked by the Government or not, but eary for all purposes. a wife who applied the came in pesensing nocee to the discharge of some pecuniary burden as the mark was on the envelopes, and that was The DIRECTOR OF PUBLIC WORK Themat los for which the husband would bare baan debt or Jegnoy, or the portion of a widow or explained to us as soon as I got to the firstter of limewashing twice a year has beufully con liable, and it was held that the husband tree, at child: it is a security created by express provi- meeting, Whox I was asked by a meraber alderod by the Board and the Hosed is connicus liable for the wouos Innt. I am alive to the sion. In the present osso, there has been no specially whether I should regard the mark in the opinion that at present it would be highly fact that in Knox. Bushell the husband and declaration or avotion by the defendant
esaturatiale binding upon me. I at once projudicial to the health of the colony to make taid that I would not be bound by any marking any elange in the present system of lime. wife ware not living apart. In the manner in creating any charge. Has there been any which the preront defenlaul aux bis wife have agreement No because the only agreement on the envelope, slice the business affected thy washing. I hope that under those circumstances bean, but that does not make the case the loca ortant is that between the plaintiff and de interests of those I represent and not my own the hon. member will not press his anggestion.
and that ogresinent does iutoreste. Ifurther stated thatI rould not only
·HIS EXCELLENCY--Will it be expoasiva f au suits toinion, whether in the cusa of nor per se bind the defendant, for whom bis dedine to regard that as confidential, but now
sathority be followed in the present case, fendant's wife;
Hon C. P. CHATER The cost is abant 53 cohabitation or in the ones of separation by the wife was not noting as an agent exprosaly or other communication of a liko nature. It referred
house of three floors and as thoro are husband's fault, the authority of the wife to impliedly. Mergover it is probable that if the to me not in my private capacity but as a repro about 10,000 konsca la the colony the cost is bind her husband for necessaria nuly so busband's liability in qully could have been sentative of the Chinesa, and I therefory would very great
Bosides the expense it is a came in kind, but different rarely in degree; u referred to such an origin, the point would not regard it as binding on myself in any way tource of vory great inconvenience and no- both care the authority is no implied by the long age have been taken in a Court of Equity; In that cash, na in many other cases when noyance to the taunts. They have to turn law, being rebutable or the one instanco and but I can find no case in which this has gocurred. I have received colonisation of that kind, out while the news that is going on and I irrebattable in the other instance. The next For these reasons I am of opinion that the I have diseased there questions with my hare known a great many temats remove to case, that of Jenner 7. Morris, 30 La J. Court, defendant has made good his contention that constituents. Buol wore the note as for empty houses in the vicinity rather than aband 361, was b suit instituted by the plaintif for the present claita is not entertainable by then my position is concerned Certainly the the lane wushing openfiou. After the remake the purpose of enforcing a judgment entered Supreme Court in its summary jurisdiction. secret conslave com not apply to me. I assure
of the Director of Public Works I will leave against the defendant, who set up a defenon of a The plaintiff will accordingly be non-suited you I never regarded such a meeting ns
the matter in aboyance at present, testing that secrat coolave. We orpressed our opinions sat-off in respost of money supplied. Ey him with costs
as sopa na the opportuity oecars the limowash Mr. Francis-I ask your Lordship, uudler to seek other as freely as we could and affering will be reduced from twice to occur year for the support of the plaintiff's leserted wife. Campbell LLC. sald, wesertion and the advanco section 88 of the Summary Court Ordinance, to orory menting it is invenably my practice The by-law was then spproved.
ARMS AND AMMUNITION. of money to her autually suplied in payment transfer the suit to the Original Jurisdiction to fall the leading Chiness about I of necessaries furnished to her being established, of the Supreme Court. The section says think my unofficial collongao, Mr. Wei A
He. T. H. WaITTLEAD-Your. Excollericy. when I say I ring to ask a question "Will the Govern BEFORE ML. T. SERCOMEN SMITH (ACTING the question arises, whether the defentiant, wheIn case the Court shall be of opinion that Yuk, will confirm me
advanced this monoy, can en equity claim a sel s suit commenced in ite summary jurisdiction that previously Important question ment inform the Council whether the Police tolul expenditure chargeable to vande PUISNE JUDGE.).
been brought before the off in respect of it against a legal debt due from ought to be heard in its original jurisdiction, Has
anoticial Department continues to faraich he Imperia him to the plaintiff and sought to be unforced the Court may order that the entry of such member that I would not disclose and Clunese. Maritime Customs with information in equity. An acting at lush cored wɔt be suit in the register of summary suits he give away With regard to the motion of concerning permits issued for the sport from Plaintif ini sod 2000, Ixusoy lent by bios maintained for each a luat these who consello theron and transferred therefrom to the pablls which Than not this honour to the colony at arum pad sumanition with to the wife of the defendant, who is compradors spply the nocessaries to the deserted wife may the principal register, notwithstanding that represent, I leave it to their own representatirea your Excellency's portfesion I would mention Blasers. Mayer and e. Mr. J. J. Francia, sus the lasband at low, she being considered his snel enit may be within the provisions of this to speak about. This question has been dis that you were good ough to cuts ine to be 0.0. (instructed by Mr. K. W. Mounsay) agent with uncounterinardals, anthority to Ordinance Section 38 provides that it shall passed at the stings and the result com- favoured with un nasror some little time after appeared for the plaintiff, and Mr. J. Hastings order the necessarios on his credit. But Courla uut le neosary to issue a new writ, but municated to your Excellency. As soon as the the lush casting of Council, which auswer was doforded.
To action was tried on the 26th Nacular will not recognise any privity Tetween the simply to make the transfer: Thóra is no result was communiosted I think the hos. duly communicated to the firms interested in receipts up to the 21st October, under the
abund and any person ache has supplied his doubt that the enit in maintainable in the wife with goney to purchan necessarice, or pays Original Jurisdiction, and therefore I ask your the tradespeople who have furnished them. Lertalig te exercise the jurisdiction you. Navertheless it has been laid down from envient undoubtedly poszedő a times that a court of oquity will allow the party who has advanced the money which is proved to have been actually oployed in paying for necessaries furnished to the deserted wire to stand in the shoes of the tradespeople who furnished the necessaries, and to have a remedy for the amount against the husband" and again that reaction at low could be main toned for such a demand was considered to clear for argument in the recent case of Kuok . Baskell Hore, then, in a case of which the facts are on al fenes with the facts in the present case, to have's Lord Chercolor not only antegurically asserting that no action ut law could be inaintained ogninss a husband for money ant to bis dearted wife and by Lor expeiled upon necessaries, but also stating tim reason why anch an action would not be and explaining why oquity will enforce soli a claim. Another case unuting to the same conclusions is that of Denre v Soutien, L. R.93g. 151, into raich I will not, however, enter Turning now to the text books, in Lonks's Digest of the Jaw of Contacts (1878), p. 575, I read us follows
The hasband is pr liable at law for money lent to his wife, although Lorrowed and applied by her for the purpose of procuring persario fur wish she might have plodged bis credit. Bab in equity, if a Forsen lend money to a wife to proculo posersuries under circum etances in which tho is entitled to pledge kar bard's credit, and she expeude it in if a person pay money
ESTAURRED AD, 1841.
THE VERY LATEST. NOVELTIES-
IN
AND
CHRISTMAS CARDS
NEW YEAR CARDS, HAND PAINTED, ARTISTIC,
AND
ATTRACTIVE.
HOLESOME
CONFECTIONERY
ANU.
DELICIOUS SWEETS
IN LARGE ASSORTMENT.
HOUSES.
SCARCITY IN INDIA. The Moscas Bouras Gazelle strongly protests against the Russian Government organising relief for the Indian famine.
SUPREME COURT.
3rd December,
IN SUMMARY JunianiCTION.
CHI CRU SHI V. CHEUNG-KAM XIN.
י
meipbor for the Chamber of Commerce asked leave to publish the communestion.
IoT. WHITERED-I did not nak if You would agree to it being published. I hud a perfect right to publish it
Hoa. Ho KaYou said you would publish it and we all said "Yes, cartanly
H. TU, WHITOHSAD-Did Mr. Belilins say
Heu. ER BELLOS--Ok, certainly.
this trade, and they very much appreciated that answer at the time instead of leaving it over till to rext Contol meeting. If your Excelleny bas uo objection I will pass the correspondence on the subject to the press for puldisation, I has a copy of it kora.
Mr. Hastings submit, my Lord, that this: section does not apply. The section sys
HIB EXCELLEog-Oh, yes- in case tho Cours shall be of opinion that the suit commenced in its summary
The COLONIAL BEGEETARY-The corre jurisdiction ought to be heard in its original
speadouts to which the hon. member refers might utisdiction." According to the judgment
have been handed to the prone when it was which your Lordship has given in this
Hon H KA-Immlerstol it was mi-ritten. I do not know what the rosson of the suit you have no. jurisdiction to entertain the mously agreed that there was no objection and delay is. The reply to the hon. mamber's ques suit at all. The prooedings are bad from the
that we had a perfect right to pablish it. An- tion is no. commercement and your Lordship has no povAT to make any order in this sait at all. You are her serious charge has been brought against us and I take this opportunity, with your without jurisdiction. The reation quoted by Ezellency's permission, to publicly, emphatic my learned friend apparently applies tally, and strongly protect against an hou. which may be heard in the summary juriedio mombe, whether official or uneffeial, casting tion or in the original jurisdiction, but which such an aspersion upon his hor, colleagues from its importance or for other reasons the men who are equally as if not more honcurable udgo considers ougatto be heard in the original to tilt-certainly equally as honourable mediation. It sanot, I sabuit, refer to a and as honest--as to say that a body of inen ease instituted in properly in the summary had a private uteres and a motive in advocat
axisdiction and which the judge sitting in ing a palloy which he considered to be injurious the sutury jurisdiction has no jurisdiction to to the colony I say that is an naporsien which deal with at all. 1sulait your Lordship has no I take the first opportunity to publicly deny. purer to make any order, especially you have Se far e concorse myself i am not a land- already given judgment non saiting the plain owner, nor am I interested in landed property, till in the ease. If the plaintist has any lulus hat these whom I bave represented for the last at all in this suit Le must bring it in the fee years, is his Excellency the Governor proper way in Vorigins! jurisdiction. In
las appointed ue, lave large interests in any case, I ask your Lordship to order that the the colony and it is my duty to look after application he wada In the proper way by giring their interests and weigh them in conjunctata. notice, so that we can have an opportunity of with other interests, but I ontirely repudiate consflering the water.
the charge that I have acted for private and interested motives, nut. I can only say that aspersions and allegations of evil of that kind will not hurt the unoficial-members as & body hat
If any further Information is desired with regard to the Estiantes it will furnished in Finance Committee or when the Council is in Committee on the Bill. I have now puly to ask you, gentlemon, to vote the cat necsery to defray the charges for the coming year.
I will now make for remarks por tho geral condition of the colony frencially and otherwise.
J'ke total estimated revenue for 1896 was $2,488,866 Of thin sn $2,120,080 had been collected up to the end of October, the total Deres will probably be about $2,495,000, whil will be about 32,445,000, Joaving a surplus of Laverne over expenditure of $50,000.
The inorenso in receipts ever theamount which wer callimate is principally a na to promin on and sales, which have vialed already over 50,000 as against an estimated total for the whole year of $70,000
There are also noticeable moryasay in the headings Light Daca, Licences and In- fernal Berenuo not otherwise specified" and Post Office," over the estimated receipts up to that dato,
The principal items of unferesoon expendi tura, which were not provide for in the estimates for 1896, are $20,000 for a new footing engine for the Fire Brigade and nearly $70,000 for exponos mourred in connection with the repevation of the plagas.
Rs Lordship in delivering judgment, raid Owing to the sportovce and novelty of the point raised by Mr. Hastings. for the defence I have considered it ascer sary to write my judgment in this action and to go into the subject rather fally A widow Chit Chi-chi having lout $550 to Cheung Chin-shi, wife of Cheng Kax-in, now seeks to recover this enta from such last named busband. Assuming it to be proved that the
Turning now to the question of the health money was lent as alleged; that Cheung Chix
and sanitation of the colony, the prasant, year shi was at the date of the loan living apart from
will be a memorable ona owing to the unfor HE GOVERNOR 8 OFENING SPEECH Cheng Kam-tia by reason of the latter's mis
tunato recurrence of the Bisease known as sonduct that Cheung Kam-tin has since
His Excellency read his opening speech, bubonic plague, which was so disalcony. ja 1804. separation made his wito a monthly allowance
which was as follows:
The subtbreak comtuenced early in this year, of 340 that this a lowance is indeqante and
ConsulThe time-laying arrived when it is May, and was uut firally stamped out till the Honourable Gentlemen of the Ingislative the dissaan was at ite worst flago in. April and that Channg Chin-thi has spent the $550 which she borrowed upon necessaries, the defendant
usual to convene the Legislative Council for sad of September. The total zumber of Cheung Kam-tir contends that at law his wife,
the purpose of discharging there. important ses brought to notice was 1,20, of which under the circumstances, went into the world
optice whisk anually devolve upon it, I gladly 1,007 entail fatally. The Europeans attacked FRENCH CONFECTIONERY AND
armed with absolute authority to pledge her
resort to you for assistance and advice. The numbered 15, of whom 7, including two CONSERVES FROM THE BEST FARISIAN busland's credit for recessuring and pengesarios
pleasure of meeting you again in enhanced by cldiers and one inspector of tuisances, suc only; that at how she was not hex haband's
the sutisks story state of public affairs, especially cumbed to the diresso. Staber Catherine, ona agent to make him liable for money advanced to
regards the finances of the cofozy
of the two sisters who were engaged in nursing her for the purpose of procuring necessaries and
Before proceeding to deal with that pod at the Plague Hospital, was also attacked by the actually applied to such a purpose; that only in
other interesting instters, I have to express dienas, but fortunately recovered. The largest. equity could the husband he lande accountable
the gratification which it affords me, and which pureter of fresh oases in one week was 100, to his wife's creditor for money lent to the wife
I am are you all share, to welcome the presence from the gard to 30th May, and the greatest and expended on necesarios; that the summary
of this table of His Excellency Major-General number of deaths was 87, for the week suling. jurisdiction in equity of the Supreme Court of
Black and. Mr. Wei A Yak, sa official and un- 9th May." this Colony is limited by onlizance to certain
official members respectively of this Coutoil matters and that amenget sath matters is not
The course of events which brought out is included the alleged equitable liability of a hus
change in the constitution of the Legislative band to his deserted wife's orediter for money
Council still fresh in your inetery. Isha supplied her and expended in necessariva,
not refer to them in detail, but cratent myself and that consequally the Supreme Cuirt
with romarking that as His Excellency the in the axerding of its Sanngury jurisdiction
General floor Commanding is to administer could not entertain the present claim. The 1950s aries for which tho husband is liable, opinion that a sait properly commenced, Lu. I will only rebound upon the maker anl enter the Government during the absence at suy relied on by the defendant worn Doare the basband or his estate, may be charged with put in the word " properly," and at present, river of such statements time of the Governor, 16 is obvinaly advanti Scutton, L.B. E. 153, James v. Morris, 1 the sums so lent or paid." In the treatises of Francia, I am against you on the point. If you Drey and Son 22), Knox r. Bushell, 3 C.B. Chitty and Addison on Contracts, there is a wish to make so application in Chamkera and
Hon O.P CHATER Your Excalianer, after geous to the colong that he should copy a eut
In the Legislative Connell, while the aptarit offort to prevent it 2.5. 331. For the plaintiff it was replied that similar exposition of the wwhilst in the argue the point I shall be glad to hear you, but the very lengthy and able smarte of my hos. ment of Mr. Wei Yuk, e residunt highly. married woman, but su action in debt at cura Cacs 9th Ed Vol. II. p. 59, the learned Mr. Francis-I will got trouble your Lord at the members of the Coupe Last Tallaring the Government into still charmilles to the mainland, those no general. mon law that the wife was maler the virvananthors remark. It must 54,0oserver it oven. Allp further,
tous with the Chinese coramenity, whionoxodus of the population such as occurred in stanacs the husband's agent, and that the scope in those cases in which the boaband would be
every wont and every statement made by Hon. Hu Kai I go beyond that. With forme such, nu important element in the 1894, ant basione preceeled much as usual, Dr. Yoruin and Dr. Kitasato, whose names and rogurd to private communications, the bon population of the colony,
Pas constitution of the Breentive Council attainments are so well known, hare each pro member could not inform the Council whether
has also undergone a change, which was readm there was any private communication between
clonial Secretary and myself. That is a puiat Chator and Mr. Ball-Irving, in nudition to the subject of the plugue without recording the your Excellency and myself or between the ended by me und ppproved by the Socretary of pored as antitosin for the treatment of the State. It consists of two unofficial members Plague, and I am taking steps to soare apply of the preparation Finally, 3 counet dismis I wish to answer for myself. I say most em the official members who previously posed it colony's indebtedness to the Medical Depart phatically that I have never had any com
You will agree with us in the opinion that the most of this calony, including the Sisters Dr..
CRYSTALLIZED FRUITS.
SPECIAL CONSIGNMENTS
OF.
CHOICEST CHOCOLATES.
*FANCY BOXES or RARE DESIGNS
FOR PRESENTS.
His Lordship Looking at this matter on the brief notice I have had it appears to me that in discharge of debts soy ich necessection 36 mesus in case the Cours.ahall be of
ascessaries, OT
friend Hon. Ho: Kai I have, but, vary little to
During the whole of this period the Sanitary Board and its staff, ably assisted by prailers of the police and of the garrison, whose services. wote kindly out, and all on connected with the work of suppressing the plugas, were untir- ing in their efforts, and they desorys great oralit for their zeal and query. It ia perbape too much to hope that disoro will not again visit this colony, and we must, I fear, le pre- pared for ita re-appearance in spite of overy
It is satisfactory to record that though many
A. 8. WATSON & CO., LIMITED)/the present seit res not one regarding & netes to Nepby w. Scutt in Smith's Leading at present. I do not think I have power.di. I mny at once-inform your Excelluer Tapected in Hongkong, will is hoped, of the wealthier Chinese sent their wives and
THE HONGKONG DISPENSARY.
Hongkong, 12th November, 1896.
(22
NOTICE TO CORRESPONDENTS
er publication, but as evilence of good faith..
All Leftars for publication should be written on one side of the paper'etily,"
As a Sed common fatime that have already opposed in other popers boénserted.
Orders for extra copies of DAILY PEZ should be sent before 11 d. on day of publication, After that kour the supply is limited. Only Supplied for Cath Telegraphic Address Paass-A.B.C. Code. PO, Doa. 20. Telephons No. 1.
of such agency mure the Lusband liebloes much for money advanced to the wife and laid out by her in necessaries as for the price of notersaries supplied on oredit, that there existed no de cision by a Court of Common Law thist refused to deal with an advance expanded ou vecessarios
liable for necessaries supplied to the wife, he is uut liable in law for money lead to the wife and afterwards applied by Ler in procuring neces suries. Kic Bushell, 3 C.B. 2. 394 Sous, in equity, Dears ». Soutien, L. R. 93q. 151. It would seem, however, that, the rule of equity would now prevail sined the Fadicatura Act, 1878,
UNDY communications relating to the news columns #inoull be addressed to THE EDITOR.
Care sportlands read for Bried the mandares if it were a claim for the price of necessaries with Communications addressed the ditor, eapplied; that because such claims as the pre came into fores, by reason of section 25 auf. esat have for convenience been brought in costion 11. Having now established that the equity, fint is no reason-lu the absence of a prenant claim is one, which can be entertainol untrary judgment at law on the point where in a mart of equity, it romains to excine such claims could not be entertained by a Court and decide whether the Supremo Codel of thin of Law; and that you it the prosont claim was enlong, in the expreise of its mary jurisdiction, one cagairable only in equity, the Supreme has juridiction in equity in the present matter. Court of this Colony, in the arecies of its sum. For the defendat it was argued that the -um- - mary jurisdiction in equity, kad power to sutur. mary jurisdiction in equity of the Sat, me tain the claim which constituted a charge within Court of this colony is strictly limited to the the meaning of subsection 3 of section 19 of matters set forth in section 19 of the Ordinaues. Ordinance XIV. of 1873 Now, the cardition of XV. of 1873; but the plaintiff's contention marriage does not of itself constitute the wife was that if this was so, nevertheless the present. the agent of the husband: the agency when it matter is que which is covered by sub-svetion arises is either express or implied the agony 3 of the Bid section. It may be helpful to by the low implied escura in respect of state the history of the summary jurisdiotien 0958eries 2nd of necessariva alone, whether the of the Shpreme Court. By Ordinancs XV of parties are cohabiting or are living apart by
The Daily Press.
HONGKONG, DECEMBER 4th, 1896.
The Hongkong Philharmonic Society will give a concert on Thursday, 17th December.
1544, the Court of the Chief Superintendoak
the fault of the husband. But there is this was abolished muda. Supreme Court was estab difference between the status of cohabitation | Iskol to bå holden bafevo a Chief Justico with and separation due to the husband's misconduct, egal and equitable jurisdiction coextensive The P. & O, atozmer Sunda, which strived that, whereas in the former stute the implied with that exercised by the Courts of Common yesterday, brought out abont 160 military mathority of the wife may be rebutted, in Law and of Churcary of England By Or details for the Hongkong garrison.
this latter stato lo implied authority of the diuance of 1845, this Supreme Court was wife is irrobuttable and the husband is also for the Erst time invested with a sumar Owing to the bad state of the weathor Mrs. Iataly bound by his deserted wife's ontracts jureliction in mattore involving debts and Black's at Home which was to have been for necessaries. In the case of husband at damages of small and trifing mount. Seyðu held yesterisy, his toen postpaned until Tues wife living together the presumption is that the teen years later, in order to relive the Chief thuy next, 8th instant."
husband if liable for necessaries; this is a pre Justice of some of his duties, to, and to relieve.
apart and separate from each other there is no nature, Ordinavo VII. uws parsed establishing
HONGKONG LEGISLATIVE
Secretary.
General
COUNCIL:
successor in office
first item which claims attention is a Bit on-
time of seroutean and a hair pur contum of the titled an Onlinance to appropriate a percent Colonial rorouting në a contribution for the defence of the colony,"
Also rendered invaluable assistance; throughout
in treating the patients at the Kelinal, towin
A mosting of the Hongkong Legislative Council we teld yesterday afternoon in the Council Chamber Present :---
His EXCELLENT the Governor, Sur Witmunication raw his Excellency the Governor colony is to be congratulated on this castro Wil, of the Imporial Gartoon Navy, whose LIAM ROBINSON, KOM..
or from the Colonial Acretary which I ation, which has strengthened the Recativo by eceries were landly lent & Admiral Hoffman, His EXCELLENCY Major General Elack, C.B not immediately placed before my colleagues the addition of two able advisers, whose ex Ulicor Commanding the Troops.
and half an hour after they have discussed it I parience, ocpecially on matters attesting the rem Han. J. H. STEWART LOCKGARZ, Colonial hard sent a reply to his Excellency marcial weare of Hongkong, can act fail to be
Beyond that I ste mest omphatically that I Hon. H. E. POLLOCK, Acting Attorney have never had any communication from his of the highest value at all times to ma and Hospital, of which he was in sturge, and by his Hon. A. M. Tuoursos, Acting Colonial Secretary,
Colonial Excellency the Geverner or from the Colaiali mow to the elders of the day, the Trosurur.
Hon. F. A. Coorrn, Director of Publie be permitted to make a few remarks. If I have Hap. T. H. WaitForhaps I may Works.
Hon. R. MURRAY Resat, Harbour Master. misrepresale or made Buy noistatomats I Hon. F. H. MAY, Captain Superintendent of have done so quite unintentionally and I sis Police.
very sorry for it. I sabuit, however, that the
This Bill in the outcome of lengthy erro methods: which have been followed by by spondies and vegotiations with which you are hon colleagues in dissing public que familier, said it is introduced under instructions tions of great in orice in my from the retry of State. I may aution opinion constitutivial and irregular. In that tile official members have seently for reference to the correspondence, it cannot be warded a memorial praying at the contribu regarded as otherwise than private if it is not ton may be again fred at the former figure of mode pablia Letters acosout by the Governer 240,000. I can, howerst, hold out ug hepe that to the unoficial members and they meet in this request of the unofficial members will be recrat. There are no reporters present and I acceded to. I lyons option therotere but to consider that to couuuat public business in sacha ask you to pass this Bill into law, and so finally way is totally apposed to constitutional Govern Bottle he much-vaxed question of the Militery to awon College formed how. member i stetemout that I have cast isper. The next item of importance, and indeed the
His EXORTIENOY--Gentlemen, it is necessary ment ad ocholitutions sale. As regards the Coûtributions of the
Hon. CPCHATER." HOD. HO KATRI
How T. H. WHITEHEAD. Hop. E... BILIOS, C.M.G. Hon. J J. BELL-IRVIN
Hun, WY A TVKLAN
MINUTES.
Hr. F. J. BADELES, Acting Chuk of Councils,
road and confirmed.
The minutes of the parious meeting word
BUNDESWEARING IN OF MOURERS,”
A Ink, and also Mr. Whitehoud on bis will not or any ob interpretation and that
PAPERS.
The COLONIAL SECRETARY-I do not wish evento.
scientifi: vestigations, which, it is hoped, will Tove of much bones in Lealing with this ter xible disease. Many useful measures have beou undertaken by thy Sanitary Board with a view to the prevention of overcrowding and for the in- provement of the canitary condition of thonativo quieter of the city. This question, bowever, in of sodi Boult a nature that I have appointed a Can mission to enquire into the existence of insani tary properties mad to report on the best mede of dealing with them. The matter is now ander their consideration. The colony is to be congratulated or its immanity from any out break of cholera such as bina visited the sister
solang af Singapore,
A typhoon of mensual sorority swept over the colour on the 29th July fast. It used great age to property, unt fortunately, awing La the timely warning of ith approgoh given by the Director of the Observatory, the loss of life was not grost
$170,800 females, instead of the suitable house in
30,09
Wyndham Street hitherte rented for that par pose
-Improvements have been mode in the cou The Felting and Ticsisin Times of the 31st:emptio juris, but where the parties are living the Police Court cf all proceedings, of n eisi. Wilsone Black, O.B; Mr. F. H. May, Mr. Wisione and gindo aharger, I mbmit that my latter most pmising one on the order par, is tion of the Tungwal Hospital. The desir
Appropriation Bill for 1897.
From the draft listates, which have been ability of reforming that institutior has formed Norenbor Boys-The steamer Glenfillan, with such presumption, and it lies upon to creditor Court of Summary Aurisdiction and inthos-election as member for the Chamber of Com question of pablis itoportunës zhould, uut be dealt
with inthe way this question has bean dealt with. in your hands for some time and which I now the subject of enquiry and report by a Com the bridge work for the Peking und Tientsin seking to charge this husband to prote that the ing the appointment of a Fadge Lacol Bus Dr railway, arrived during the week, and is busy wife, from the circumstances of the soparation the risiliction of this Summary Cuart was
The hon. members mentiorel were then I would reter, in respect to the statomsat lay apon the talde, you will have charred that mission. Tam in possession of their vige on that the correspondence is not private,, to the the revenue for 188 is stimated to yield the matter and an eroting ray, earnest atten hightering at the Rar. The arrival of this or the conduct of the husband, has an implied the stars as the mata mary jurisdiction conferred sworn in. steamer, in time to admit of discharging her suthority to bind her husband by ter contracts the Supreme Court by Ordinance IX. of
ocrrespondence artich passed between the an- $2,438,923 This optimate has been crrived art to the question, which is one of considetable arro, iraproves the chance of rains being Fun for acessaries; if, however, the creditor shows 1845 and was jurisdiction at law only. There all the flexing papers-The report of the nection with the Sanitary Boga. These docu
The CONCAL SCOPETARY-laid upon the official members and the Government in con- with due caution; it is less than the total rodiently and delicacy.
venue for 1895 and the probabis total for the With regard to the constitation of the Sari- through to Peking in the early spring.
that the separation is by the husband's fault, the
now Man from 1862 to 1873 tæra Conli ucist. wife, tuloss she has an adequate allowance for j
the Observatory for 1895, the ants were, as far Tem sware, pricato, that is surront year, and 1 hare every reason to expect tary Board I regret that I am net set in A. Spanish geuleman recently came to Hong- maintanance paid her goes forth to the woral | ta
po of the To Leung Kuk Society for the toy, they did not see the light of day for a very think it will be walised. The various items to possesion of the Secretary of State's final kong from Mouls because be thoughs he would with full authority to bind her brand for 1579 temankuta
prian Contour 1895, the report on the progress of long period of time-about twelve months, and not, I think, call for way special romark at this decision, which, however, I hope to receive As regals Public, Works, the extension of ba mfer in tale pelsay than in his own disturbed necessaries, an authority of which the husband was as by the printment of Prize public works during the frat balf of the year the community were totally wars of what stage. The total openditure for 1807 is shortly country. He stayed at a friend's house in Mosque cannot deprive bia wife; this is a presumptio do
1890, the report the ogress of the Tai their representatives had said to the Grevora Festituated at $2,769,083, but of this $368,000 is Stiest and one day had the misfortune to be furta vt fure. Authority being implied by the Juge in addition in this Chivi Justice pingebau Improvement works, the Government ment in their communications. If I have of chargable to the Loan. The estimated sum the Wongheichong Recreation Ground has aud Court: the Cents of Sum Jurisdiction Offices Improvement Commitous report, and fen let angra Faextremely sorry is nothing chargeable to ourrent revenue is therefore been andurtakon and is progressing. The pro rabbed of two gold rings, sat with diamonds and law enly in the matter of necesarias, it fallowsues.ebolisted; a Summary. Jurieviciiba et Lthe report of the Commission or the Tang Wak was further from my iniyuwen.92,403,063, or 237,740 leas than the estimated jogt helados fhs widening and improving of rubies and solned at $150. The thief turned that to ronder the bustand under any conditions and in Equity was quaferred on the Supe Hospital.
the roade and an addition to the Rooration. ont to be the homeboy, and yesterday he was liable for the engagements entered into by his Ceurt, and the Puise Jadgs was, eu a general
The principal increases in expenditure, w Grand of about 7 acres. charged at the Police Court and sent to goal wife in respect of other matters, the wife must rule, to preside at the bearing of all suits in the CARBOCK LIGHT DOBE.
to do so, but it would throw unaflerablo light compared with the Estimates for 1890, appear with and accommodation has been provided to prolong the discussion, nor is it my intention
The extension of the Gaol has boon prociedad, for three months.
be constituted his agent wither nipliedly by summary jurisdiction. It is apparently only in *****_THE_PRIVATE MEETING OF NODSTOTAL condust or expressly, whether originally or by 1878 that there was any local summary urie
on the matter if the hon. member would inform under the following holds Yesterday morning H.E. the Covernor met ratification. The function of an agent is to create diction in Equity. By section 10 of Orlines innour to lay upon the tobie curtain.com ubout this question I have room for saying
His Exceryancy Gentlewe. I have thens if he consulted the Chamber of Comineres. Pablo Worka Extraordinary charge within the Gaol compound for a prison for
able to Lean the newly elected directors of the Tung Wali | prívlty of contrast between two other porous.; Hospital at the Council Chamber and addressed if thefors a wife coserted by her husband XI of 1873 resonatitution. Oliaanne) respondove respecting the abolition of the that he did, and is that is so it would tend to. Mislary fponditure
the Bapreme Court (which includes the them regarding the proposed changes in that exceeds bor irrobustable implied Lathority to
the liberty of laying this paper on the table FOATH WHITERSAD Tho Chamber, institution. His Excellency intimated that pledge his credit for necessarias by borrowing Prins Judge acting spartely in Courses Gray Rock Light dues. I have taken show he did not regard it as privato 3. Pensions atoward was to be appointed to look after the money or by purchasing cui oradit her than shall be a Court of lignify with such ant the yet because I wish to say that late last degulites of the institution and the patients hanesary articles, she prime facts cannot bind ko iisdiction as the Court of Chancery in night, about a quarter to six, white, gaged animonaly agree to address the Government that while patients who desired to to treated her husband by suck engegoseute unless she is ugland. Is this wide jurisdiction in equity in eleial work, I received a vigorous trotsat on this question and I cordially supported what
they did by.Chinhse denters wore to be at liberty to be expressly or impliedly by conduct constituted his exerciseable by the Supreme Court in te which was written in his soul snoom.
His EXCELLENCI-Hayoyou consulted them 8. Medion Dogiartment....... so fraatud it was also right that they shouki agent to anke there ontruots. Does the theory jurisdiction. This extensive jurisdic promising style by the hon. muruban who on the subject of this correspondence in increase of $5,000 in the extensions have boon dealt with so se sblo und Lars the opportunity of being treated according law trest advances, made to the wife and ox on limited by any emotmont? If it was in just been sworn in as presentative of the Chim
1 II WHITEHEAG-This corte- to Western motheds if they so desirou, and it was peaded in boosaries as equivalent to nooor xul that the muy furisdiction of the ber of Conserva. Irish to say that the chargespondence vnd submitted only at lato hour sizount Lot apart for "Berck Services," lint borste 30 on roads as has therofoi o proposed to appoint a Chinese trained fari Is necarry that the wife, ju order prome Court should be ensatorstvo with that has brought against me of antering inte pe Committee as it was samimately decided to ohiofly to increased (estimated) rovozue. Only Worke which has already been hid before you. $61,000 of the estimated total military or (Santicual Paper). That report has been. in Western medical science to reside of the to prseura zegessariën, should obtain advances of wielded by the Court of Chaucery in England, sate correspondence on the subject is utterly strictly adhere to tha picommendatiän aildress conditure is included in the Appropriation B reforret in Mr: bort Chadwick, who concurs bougital; also His Excelleney hoped to be able monny? In hair words, is it a necessary for one would not expect to find thy restrictive enuntries The hon, motber is para of the say. to point an offer who wote duty it would too wille to borrow money to pay cash for ment on the subject in the singer Jarising, give a colustotment wety-four hours polishing of the letter from your real viz, E13,00% for Barrack Servlees and $18,000 proposals contained turret. The to visit the Tang Wah (the Colonial Surgeon necessarios which she may procure upon the diotion Ordinance Hat what do we at start and you clonet overtake it. The CORTO-
already referred end hion designed pur approval of the scheme, and pertracts buvo bron be at all times ready, lo give the committee the under which I am sonceive an affirmative an not having the accessary me) and who would credit of her husband? The only condition Section of Orduance XIV; of 1873 says, epondence was perfectly, abdic, so public dat envy to the senior unafleitl member was for the Volunteers, as the Bill to which I Lars Sucretary of State fins bomasnicated to me his.
From and after the communicament of this it might have been plastered on all the stoned for further comidegation, ..
posely to remove the question of roling the entered into, with the approval a this Counsi), The The COLONIAL SECRETARY-Then I untar Defence Contribution front the araus of rearly for the commencement of the worite benefit of his advins and asistanos Teetly, swor to be possible when tradestou have Onlitates it shall be wil for the Suprems walls of all the houses in Hongkong of His Excellency intimated that if he found any refused to supply the wifs except on cash torms; Cost to ororeros jurisdictiol at fur un I au consurged. I leave the unofficial stand his ling con tad the Comition of the debate, will provide for the appropriation of waterworks for Kowloon have also beou com.. ons trying to stir un trouble and create bad but this eazdition does not exist in the present Law and in Equity in this suits or matters here members who are charged with holding a souret Chamber and that he did not regard the cor 17 per coat of the Toronto, lesa prontis or pleted, and a constant supply is now availble
respondence na private
land sales, to meet that contribution.
over the southern portion of that poniusala, feeling in connection with the new appoint case. Moreover, whore money has been lent the for mentioned and evotion 10 ya; it conclave and using engaged in "secret confabula
HOLT, H. WELEERA—I have never to- The indrease km the item of Peblia The new systein of eignailing the approach menta lie would take prompt steps to deal contract arises upon the lepting Led in pot shall be lawful for the Superne Court totions" to protees themselves from the charge. J with him. Owing to pressure on one space we deperdont for its choraeter upon the top to exercise a Summary Jurisdiction in Equity in feluuro tint some of them have consulted their gardend it as private and it should never ho so Works Recurrent is counted for chiefly by of resels has been completed in cocordance with see empaled to kokt near the full report of His which the tour ins been applied, and I cannot to mils or matters farcinafter mentioned, that constituents, Dr. Ho Kai, I think, loing one of ragerted by any on menboz.
the cost of mainloding the aow waterworks the recomendationsgef the Committee ap see how this prisipiple can be altered when the fato say, and enameles cortalu sulls or at them. The correspondence was partially pablo Excellency's spowek.
ot Shapkiwan and, aborteen, and increased cost pointed in 1883.
to the Govaydn, but the question" of th
'ha discussion then closed,
Post Offi
4. Public Works Hoouront....
8. Publis Dobt
...........
26,000 23,300 The precision of an adequate supply of water 32.181
to the City of Victoria las received my careful 1147 attention, and proients have been prepared for 9,80) an nithate supply of 4,000,000 galone a day 4546 thronghient the year; The present state of the. water apply and particulare of the proposed:
7. Sanitary Department
The increase in military expenditure is