gald Marino Lot was before the date of com mencement of the ai Praya Reclamation Works of the value, without the buildings thereon, of 5 per square foot, and with the bulldings thereon of the value of $200,000, or
THE HONGKONG DAILY PRESS THURSDAY, NOVEMBER 187, 1900
his pre-existing rights; and that if he so disclaims can be so brought Bastion 83 of vented and stood upon his rights as s Marine the Gode reys All claśnie against the Lot holder under his Crown loase he was Government of the colony of the same nature in fact entitled to harn his special care investi- as stains within the provisions of the Beti gated, and if he suffered any loss in consequence tions of Right Act, 1800, 23 and 24 V
money or kich a Crown Lenge of new and as ho way in his shsciate discrection thinksufficient, as end by way of compensation for any injury auch jesses may have sustained by the said works. Would not any one applying the
3.
the completion of the said Reclamation Works damages enquired into and compensation paid Governor be preferred in the Supreme Court section intended to inre the matter abeolutely maling on the hillside, about forty feet front come of the fishermen clara) are not suficiently
in the immediate front of their sail Lot were unable to obtain more than the mum of $110,000 for their sail land and buildings and this depreciation was wholly and solely attributable to the conversion of the said lot from a Marine
Lot to an Inland Lot.
In and by the said Trays Reclamation Ordinance it is provided that it shall bo the slaty of the Governor of the colony for the time boing to investigate and enquire into all cats of loss or damage sustained through the opera tion of the Eil Praya Reclination. Ordinance by lessees of Marine Lots within the line of the intendel reclamation, who shall not anent in the manner and within the tine provided in the said Ordinancs the benefits and liabilities eon- ferred aut impoed by the said, Ordinance, and to award to the auch am of money or auch Crown lease of new land as he in da absolute discretion may think aufbeient, as and by way f compensation for any injuries they may have respectively sustained by the said operations. The plaintifs said Marine Lot was within the line of the salt interned operations, and the plaintiffs an lenses of the said lot did not signify their acceptance in time and manner aforesaid or at all of the benefits or liabilities conferred and imposed by the said Ordinates, bat on the contrary dissented therefrom azul refused to enter into any agreement with the Government in respect thereof.
The plaintiffs called upon and required the investigate and enquire into their lows and damage through the operations of the salt Prays Reclamation Ordinance, and His Excellency Major General Black, then zainis. toring the Government of the Colony, at
or
about the ad, day of November,
1898. proformed to award to the plaintiff's the sum of $15.000 by way of compensation for their losses and injuries by the said works, bat the said General Black did not make any proper enquiry and investigation into the paintia's claim or into their losses und damages in the premises. He did not hear the plaintiffs by themselves or by their counsel in support of their elsim He gave them no opportunity of caling evidence to prove their losses and dama- agos. He illegally and improperly received- evidence put in by the Government of the colony in opposition of the plaintiffs' claim without giving the plaintiffs any opportunity Whatever of knowing what that evidence was or contesting it. He took ovidence in the absence of and behind the backs of the plaintifs, anul finally his so-called award was or not in accordance with such evidence
in-
Mr. Francis-Yes, my Lord. The Chief JusticeThe general principle is quite clear, as you say, but the question in this caso is whether, having regard to the special provisions of this Ordinance, the case comes within the generi rules.
Continuing, the Attorney-General said--One does not derive much assistunes from consider
set aside ing the caves in which awards can
503
Witness took possession of the red scroll, a all used in the number of documents with inscribed charactors, and hoxes containing chops" Tea Fa lottery
In reply to the bench, witness explained that the lottery consisted of 36 characters represent ing animals, A man pinced his money on the particular character he fancied, and the result was known by opening the red scroll,
The accused was remanded natil Monday Dr. Bell haring certiflon that the injured man was too ill to attend court. Bail was refused;
OVER FIFTEEN HUNDRED LIVES LOST AT
TOVEANERS HAT
as was put before him. Ha wholly disregarded Governor, General Black, exercised the whole arbitrator at all. However, assuming, as I must, nothing to do with the question of hardship.by the Cuptain of the steamer Progress, who
much
it and awarded to the plaintiffs less sum than they appeared to be entitled to en the evidence. The plaintiffs therefore han bly pray that the sward of the said General Black, the Oficer at the date of such award, may be wholly set aside and may be by this honour ablo Court declared wholly null and void and of no effect."
under control. Having no family silage like other Chinese, they cannot be so easily traced through friends or relatives, Consequently theyre coxswains one day, pirates the next, and flahermen the next and the police would find it diffoult to get a man they wanted.
So that presuming the Government compel the owner to deposit $1,000 (for that is what it Coxswain turns pirate, the owner of the launchi really amounts to it simply means that if a not only runs a risk of losing his launch, but 31,000 as well. Under existing tungements, the owner, be he European or Chinese has ab solutely no power over the men
Every change of employment, every offence committed by the man, should be endorsed by the Harbour Master (not the employer) on the certificate.
Employers shoukl be given the opportunity of having instances of neglect endorsed on the certificate. The photo should be changed once. a year. A full description of the man (such as
certificate so that he can be effectually indenti. Eed.
record of the endorsement should be kept by the Police so that the man cannot destroy evidences of his identity, Further it should be illegal to employ any man, coxswain
sailor, without such engineer, fireman oz certificate, and without the employment being first recorded on the hack.
EDWARD OSBORNE.
Hongkong General Chamber of Commerce
Hongkong 24th October, 1900."
BIE,
I have the honour to inform you that, at
Monday a meeting of the General Committed of this Chamber, the following resolution was unanimously adopted
or later, Mr. Riese submitted a plea of not guilty for | 1kaly that they will refrain from doing it, sooner. all the defendant
Chinese Constable 202 was the first witness In that event we shall have no alternativo called In answer to questions by Mr Hanson, but to find the security ourselves because the he said that he was sent over to kowlogu, ant corawains could not as a role find $100 security, Azrived-st Lysman, Esguised as cigar with low 1000 the fact that the mont
at 11.15 2.0. He aw a number of men The erit lies in to him: For the purpose of the present arguin a suit instituted by the claimant as plaintiff to the Governor whether there was to be com ment, it was sufficient for him to say, whether against the Attorney General as defendant. Is pentation or not And if so how much? It the sea-shore, by the side of two houses. He a duty was imposed by law on the Governor of not the effect of section 8 to limit the claims is not, I sulmit, either expressed or implied watched them for half an hour, and took note the colony to investigate the plaintiffs claim which can be brought against the Government that he is to hold an elaborate judicial of what the men ware doing A red scroll and make any award or not, that the governor under that sortion te elsims of the same natare investigation and hear Counsel, &o. before with inscribed characters was hanging on a for the time being, General Black. recognised as those which could be brought against the he decides what he will give. The case of tree. First defendant walked up to the scroll The Newry and Enniskillen Railway Com- Mr. Reece Walked up to it! How could he the fact that such a duty lay upon him, and Crown under a Petition of Right
On objection by Mr. Francit, the Court con- pary v. the Ulster Railway Company, 8 De Gex, walk up the tree? exercised his discretion as to what he thought adored the question as to whether the jurisdic Mirenaghton and Gordans Reports, p.487, throws sufficient by way of compensation for jury such lesse had suffered, and awarded tion, if existing, could be exercised in this par light on my contention. There a Bill was filed him the sum of 815.000. To recognised the ticular form of suit under section 8 was not to set aside an award made by the Commission- falt undoubtedly by that award that this plain open to argument on this issue. So the ers of Railways for the payment of a sum of tiffa had suffered some injury, and he assessed Attorney-General, rather than have an adjourn money by the appellants as their proportion of ment, decided to proceed only with the other certain expenses. The so-called arbitratora were that loss and injury at $15,000. Therefore the
sppointed by an Act of Parliament. The grounds question for his Lordship's consideration new points. was not whether any such duty was imposed
urged for setting aside the award were undue
The demand for their services in so great that upon the Garornor by the Ordinance, not who
delegation of their authority and the admission
they never want for employment; and their of evidence taken ex parte. But it was held The afternoon was taken up in this translation wages are so high that they can afford to be ther he had an absolute discretion to refuse to desoss any damage, no catter how great thein Bogland, which is fully gone into in by Lord Justico Turner that they were not in of the characters on the numerous exhibits pro idle for months. The coxawsin can smash up loss. The Governor admitted that loss and in-Cap. IX of Russell on Awards, beginning at p. the position of private arbitrators but had a duced in the cres, which was remanded until the Launch, the engineer can ruin the engines, and the only redensi is to have their vertificates 497.
BREAKING A COOLIR 8- ARMY
suspended, which means they take a holiday and jury were sufferal by the plaintiffs: that they 663, or by considering the Imperial Arbitration discretion which the Court could not control. to-day. word entitled to compensation for such loss-to Act 1889 (59 and 53 Vict, e 4) because all those The case made by the Bill is stated at p
--500, and at p. P
A private chair coolie was brought up on o get another billet ap eonu, as they get back. sufficient cozipensation. He took upon himself Awards are Awards in the proper sense of the. The Judgment tegins on under the provisions of this Ordinance to restora, made by arbitrators to whom the matter the Lord Justice points out that the so-called charge of a rathor serions nature. It appeared in fact, I have heard that it is possibile for a tigate their injuries and to say what is a has been submitted by consent of the parties to arbitrators might be amenable to Parlament that on Tuesday he and other three private man, whoso certificata has been angpended, to sulcient compensation and to award a cortaia some dispute, or by order of the Court. The for not having discharged their duty," but adds, chair coolies wore conveying a party of Entoro to the Harbour Office and et unother auouat, There were two questions practically common law Courts had no jurisdiction to setIsos no ground on which this Court can review peans to the Feat. Neur the Albany, at the certificate, owing to their being so eficient involved in the issue stated and now before the aside awards, except in cases within 9 and 10 their Acts. Public officers may be kept button of Peak Read, they were run into by a system of identification, court. First, haring assumed that duty, was William III, 15: or the Common Law Pro by this Court within the limits of their public chair coming up behind. A light en What is wanted is a Continuous record one of the public chair coolies received a blow being introduced by the Board of Trade at home hs or was has not bound to proceed in the redure Act 1850 (both repoaled by the Act of authority, but if their authority is indo-sued, bambors being freely used. In the melo Certificate such as that which I ballers is exorcise of the power conferred upon him by 1889). In all other cases a Bill in Equity was faite how is this Court to define the limits?" sub-section of section 7 according to the laws the remedy, but I think that was only where the Ses the Judgment generally. Another case of on the arms that snapped the bone clean in two for senian, whereby a man's career dan be of justice and equity. The second question was submission to arbitration was by Judge's on instructive kind is In zo Carnewilson and The coolia who was supposed to have struck red from start to finish whether the Court was satisfied in point of fact order, order of nisi prius or rule of a Cont of Groene. L.R. 18o. Door de montar 1937, the blow you to that coverment Civil Hospital. the facts lasing admitted for the parpose of Common Law or private agreement not There un application to set aside an award was was conveyed to the Government Civil Hospital, this argument-whether or not the Court, if under the Statute of William III. (See Rassell made and the application was refused. Lord where he now lies. the facts were proved to its satisfaction, had on Awards at p. 718): I take it wherever any Esher's judgment is very unch in point, and Court had referred the matter to arbitration. I submit that this present so-called award was power to set aside the award on the games
rounds on which euy ordinary award could bo or the parties had agreed to make it a rule of not one of that class in which it was intended that on enquiry in the nature of a judicial wooked into and set aside by the Court? It Conrt, that Court would have jurisdiction to seemed to him so char that a superior court sat aside the award for proper cause. But, in enquiry should be held that the respective cases hagl jurisdiction to look into an award that he this case, there is no award in the ordinary of the parties should be heard and a decision FEARFUL TYPHOON IN ANNAM, that given to soldiers) should be stated on the would ask his Lordship te call upon the learned sonse made by an ordivery Arbitrator to set arrived at upon the oridere laid before the Attorney General to show case why the side. The Ordinance is unusual and not only Governor. I submit the Governor in this Court should not exercise its undoubted jurisdie. enabled the Governor to do the work but case was net bound to hear the parties ajudicial enquiry be tion to safeguard the rights of any private in- to give no compensation at all, or such com- and Connser, and have dividual.
pensation as he thought it in money or land. The Chief Justice.--Do you wish we to call The same remarks apply to the Hongkong Law ne to Arbitration contained in Cap. 19 of this upon him now?
Code. There the application to set aside an award must be made within 15 days from its publication. (Bee action 50 a. 1). But of course all this iuw refers to a class of arbitration and awards of a totally different nature from that referred to in the Petition, The Governor who made this so-called award Mr. Francis, continuing, vaid that in re
was neither mude arbitrator by the Court hor forence to that his point was this. They had nothing to do now with the Ordinance. The by the parties, and I submit he was not an of his powers under the Ordinance. He took that the question of the form in which the upon himself the duty and responsibility of Petition is brought is not open, the question making an award, and he made an award. Arises whether any legal right of the petitioners There was nothing whatever in the Ordinance has been infringed, fer even assuming, as I must which maid how that award should be enforced on this argument that the petitioners did not or questioned. It was left on the face of the get awarded to them so much as they reasonably Ordinance to the general operation of the expected. still this Court is not a Court to try cases of conscience to say whether what was general law.
The Chief Justice-The izeno is in these dine was hard upon the petitioners frems Continaing, Mr. Francis said the question,
forms, These things being so, that is to moral point of view. What this Court will therefore, was whether the award might be looked fato, might he guastioned and sot uide, assuming all these facts as to his conduct desire to ascertain is has any "wrong" is the by the Court. His Lordship would use, therefore, and other matters to be true, having regard legal sanse been done to the petitionors? I
issued."
to the provisions of the Ordinance, lins the unbuit that no question arose in the case as to whether it Court jurisdiction to enquire into the proceed.
(1) That General Black, the Governor for WLA er was but the duty of the Governor of ings connected with that award, and to get the time being, in awarding the sum he did to the colony for the time belog to enter into sxide the award? It raises the whole question the potitioners, was not seting in a judicial such an investigation or to make such an award. That, for the purposes of this arguments was of whether or not it was an award cognisable capacity like an Arbitrator appointed by the Court to determine the amount to which a admitted, a General Black, who then adminis by the Court
Mr. Francis contended that there was nothing claiment was legally entitled, but that he was tered the Government, dil make an award, and
in the Ordinance to deprive this Court of its acting rather in purauance of a power conferred the plaintiffs contended that he made it undor the circumstances set aut in the last clause of ordinary jurisdiction either as regarded judiciat upon him as Governor and chief of the executive or semi-judicial procedure. The Ordinance to mitigate a hardship by giving, as a matter the petition-thut he did not give the plaintiffs the opportunity of being heard, either by them deprived the plaintiffs of their rights under of grace, compensation to one who had suffered a loss for which his legal remedy had been taken welves or by counsel; that he received evidence their lease to claim compensation, but there was
(2) I submit that the Award was an exoca- on the other side of the question without gis not one word in the Ordinance which deprived away by the act of the Legislature. ing them the opportunity of contesting that them of their rights after the award had been tive or administrative act and not a judicial evidence; and that his award was totally nr.
made or during the making of the award. Was inpported by any evidence put before him; it to be said, supposing another Governor haduct, and that the remedy was to appeal to the
Secretary of State. and that if he had asted on the evidence come here or that the present Governor had ro- (5) That if the Legislature had intended put before him the award allowed ought fused to agree to General Black's award of that there should be a judicial arbitration with to have been very much more. Ordinance 16 $15,000, that the plaintiffs in this case could all ita nosessary judicial procedure, if the Gov- of 1889 commenced by reciting" Whereas not proceed and obtain judgment in that. the foreshore of the harbour of Victoria is in Court on that award Supposing General nor had to hear Counsel and act like a judge, it is strange that the Legislature did not allot process of silting up, to the detriment of the Black "had mid that the plaintiffs health and commerce of the colony, and it is entitled to nothing, and that they would have the task to a Judge or to some legal man as
Arbitrator. expedient to put a stop to such process and to
to pay the costs of the proceedings, would the
(4) That if the Court holds that in cases un- Crown have been entitled to come there and ask der section 7. 8.3. 6, of the Praya Reclamation provide a deep water frontage; and whereas the
for judgment for the costs Bupposing General Ordinance 1889, it has juristlistion to enquire aren of level land for building and for roads
Black at awarded twice the amount claimed and of quays and open spaces along the sea front of the city Victoria is insufficient to meet instead of one-tenth of the amount and he had into the proceedings connected with the award the growing wants of trova Losses that it Government Officials or specialists under the litigation which, I submit, the Ordinance en the growing wants of the colony," etc., Pro. entirely neglected to hear any evidence that the and at it aside, this will open the door to that any land was required by the Government for advice of the attorney General thought it deavoured to obviate. Any dissatisfied clima public purposes it might be reeumed by Gov-desirable to lay before him with a view to assistant could harass the Governor by coming into Brument en payment of full and fair compening him in coming to a conclusion, if he Court with allegations of errors in his mode of sation to be assessed by the Surveyor General had acted towards the Government in the procedure, and thus force the Governor to who at the present time corresponded to the same way as he had acted towards the explain to the Court how he arrived at his Director of Public Works, After dealing plaintiffs, and refused to hear the officers agres, whist evidence he received. what in with some of the subsequent sections of the of the Government or to give them an oppor: vestigation he made, and so forth. This sub Ordinanos, Mr. Francis sald he would in the tunity of stating their case or questioning the mit is contrary to the true intent of the Ordin plaintiffs claim and evidence, would there have first instance call his Lordship's attention to
Now the Ordinance was well reviewed and the fact that this was transaction in reality been anything in the Ordinance to prevent the between the body of the Marine Lot holders, in Government from coming there and asking that incased by this Court, sitting us Full Court in the case of Kyrie The Attorney the award might be set aside ? In conclusion General (the tity Hall case) some 10 years whose private and individual interests this re- clamation was being carried out, and individual Mr. Francis reiterated that there was nothing ago The power of the Legislature to rex
in the Ordinance to deprive the Court of its an Ordinauce taking away the rights Marine Lot holders, and that the Government, while itself a Marine Lot hohler in respect of ordinary jurisdiction.
crows lessees was upheld. As Sired The Attorney-General said-The Petitioners sonie one or two pieces of ground, and therefore bound to contribute itself towards the constract allege that in or about the 22nd November, larke ture remarked in his judgment, The Chintmen, it may be added, reside at the tion of the Prays Reclamation in proporties to 1898, His Excollenty Major General Black the policy of the Ordinance or the adequneyWesleyan Mason Schon in Gage Street. the amount of land it held, was only simply an
with made a certain award under section 7 of sub the compensation clans the Court can have af
Chief Justice, said: agent for the purpose of giving effect to what section 6 of the Prays Reclamation Ordinance concern, and Sir James Russell, the the Ten chair coolies were charged
Tuesday afternoon This is a form of was general agreement between the whole of 1889, by which he awarded that $15,000 as the But apart from the merits of this partionis:nating pasengers at the Hongkong Hotel the Marine Lot holders within the limits speci- sun which he thought sufficient as and by way
cago, whatever may be the rights of this or ente that is becoming altogether too com tied in the Ordinance, The Marine Lot held of compensation for any injury they other Marine Lot holder, the jurisdiction of fron, and it is gratifying to note the vigorous
the Praya ers, including the Government, had to pay the Sustained, as Crown lessees of M 184, by the whole espones of carrying out the Praya Re execution of the Praya Reclamation works in Court is completely ousted by
seokion 7.2.8. 6, enacted that Criar clamation: and the Marine Lot holder, interposed between their lot and the sea. The clamation Ordinance: The Legislature luding the Government, were to get the whole Petitioners are dissatisfied with that award us of the available reclaimed land in proportion to being too small, and in their Petition they have not come in nader Sub-Sea. 1 and private szal individual use without payment of satisfactory manner, setting out the various depreciations of their lots by reason of the said their respective existing lot for their own allege that it was arrived at in an entirely an have no claim to compensation in respect
works, and the Governor is veeted with absolut may promiam to the Government except this objections they have to the procedure adopted direction as to awarding compensation to the tist was part of the expense of carrying out For these reasons they ask the Court to sel the reclamation to which each Marine Lot that award side and to declare that it is wholly who have not come into the agreement holder bail to contribute, including the expence wall and void and of no effect. It is right that the plaintiff was refused any compensation of the contraction of the Fruge wall, of the I should point out that His Excellency the the Governor still this Court cannot has hinfe roads through the newly reclaimed ground, and present Governor had nothing whatever to do for sections and 8 extinguish all rights and
namely, to have an equitable allotment or com of all necessary sewerage and drainage, so that with that award, and I may add that I was not remedies except those provided by the Ordnance, the Marine Lot holders puid for the antire in the colony when it was made. The pre pensation for injury, as the Governor may Lance-Sargeant Carrad mid he was on duty but even if it confined to masters and, on- work. In the second place he would call his
dende
were
sent argument is confined to the question
ALICE.
by
Lertiship'saftoution to what he submitted was whether this Court has, in the present procend-
It is well to consider what Baron Purke called ings, Jurisdiction to set that award aside, assura plain from this Ordinance, sub-section 6 of
ing (for the purposes of argument) all the facts the Golden Rule" in the construction of section 7thst it recognised, taken in sonnes. tion with the provisions of section 2 and the stated in the Fetition to be true, and having statuten. It is stated in Becke. Smith, 2 Meet provisions of the early part of section 7, that it regard to the provisions of the Praya Roolama son and Welsby's Reports, at p. 105. The report The issue of law is begins at p. 191 and it is discussed in Wilberforce was not in virtue of this Ordinance directly, but tion Ordiname, 1889. in ratue of the agreement made between the settled this by the Court, Assuming all theon Statute law, p. 111. It is as follows
“It is a very useful rule in the construction Moring Lot holders individually and the faste stated in the Petition to be true, and lay- Government as representing the whole of ing regard to the provisions of the Praya Re of a statute to adhere to the ordinary
clamation Ordinance, 1889, has the Court juris of the words used, and to the grammati the Marine Lat holders that this work was
dietion to enquire into the proceedings conuent struction, unless that is at variance being carried out. The Ordinance gave the
scessary pawon to carry out the works, ited with the sword referred to in the Petition, intention of the Legislature or lead being thought advisable by all parties that and to set aside the mid award and declare manifest absurdity of sepageant, the work should be carried out by the it null and void. If the Court decides that it the language saay be varied fr Government and under Government super has such jurisdiction it will become necessary to avoid sach Inconvenience, bat vision instead of by the Marine Lot holders and later on to enquire whether the lagta slated in Now, applying that role to the consta under privato supervision. It also distinctly the Petition are ten or false, though for the Sect 71% 6 of the Pre Rech Cotognised the right of any Marina Lot holder purposes of the present sigument that question suce, which saya that the Lo
if he did not thing at pauliáns or convenient does not arise. This Petition is brought under the present Et for him, to refuse to be bound by the Ordinance Bootlon 8 of the Code of Civil Frooedare Lion in respect of we an so far as it referral to Prays Reclamation That Beation states the nature of the elims mason Works, and so far as it referred to or attested which can be broughtander it. No other if he time na 60/1
The Attorney General proceeded Finally
were
That the Government be approached by the Committee of the Chastiber of Commercs with view to adoption of a system of continuous record certificates for the masters and engi- heers of stem-launches holding certificates of competency from the Harbour Department,
competen such certificates to be a record of service from
The need for more effective control over these the time the certificates of
more than is at present possessed by launchi ownere has been gradually forced on their notice by the ease with which they secure fresh an ployment after discharge for misconduct or rose carelessness, it being, under existing vir- cumstances, simple matter to obtain a new post within a week after discharge the certificates issued to them were continuous, epoh lapse being inly recorded therein and change of employment registered, some guarentee for their good conduct and efficiency would be provided.
A typhoon, as destructive in its results as as a Judge would have had. It may urged that the statute Imposes a hardship any which has raged along the Anna cost on the petitioners, but Eaton Rolfs said in within the memory of the oldest inhabitant, is Winterbottom v. Wright, 10 Meason and Wels reported to have swept aéross Tourana during by p. 116,Hard cases, it has been frequently the early part of last month, carrying all before olmurved, are spt to make bad law. It is uit with relentless fury. The overland tale doubt a hardship on the pinintiff to be without graph wires having been blown down at the a remedy, but by that consideration we, ought outset, and the cables disabled at a number of not to be influenced. So too Lord Justice points along the coast, the barest details of the Brett at p. 618, in re Perkins, 24 Q.B.D. devastation and widespread misery among the p. 613, says "I agree that is the law. Annamites have only just reached as while ter were supplied to our representative yesterday though I think it a hard law, but we have some additional particulars regarding the dirus- Asto delay in applying to set aside award all such applications must in Eng- just come in from his usual voyage to Tourane and be made before the and of the term after and other coast ports. At a rough estimate, be
Whitmore 33 tween fifteen and sixteen hundred Annamites the award made. Smith v. Law Journal. Chancery. 218p. and affirmed with and foreign residents are said to have met a somewhat sudden and fearful death. The stera Mr. Francis objecting to the question of de- itself gave no warning, and although it con Terner, Lord Justice, dissenting page 119.
tinned unnlated in ite fury for over forty-eight lay being discussed in this issue,
hours, the major portion of the destruction if the Court should hold that it has jurisdiction had been wrought by a wholesale sweep in one inthis case I should be glad if the Court would in-night of the paddy and rice fields stretching to hear counsel or to hear the parties (if they do initial blast of the wind took place soon after. dicate its opinion whether the Governor is bound over an area of nearly a dozen quers miles. The not appear by conneel), is bonzl to allow across annset, and by dawn the next day the lifeless examination of the witnesses, is bound to re- bodies of peasants by the hundrel were scattered ceive no evidence such us Esportaste, except in over the folds sad along the side walks of the strict accordance with the ordinary legal rules streets, or bundled together in lots along the of evidence, and generally is bound to conduct banks of the Tourane River, swept thither by bigyalt in the same way as an arbitrator in the lash of the waves, and the swiftly ebling vinary legs! arbitration. Also, if the present tile An eyewitness describes the sight as Award should eventually he set aside, the pre sickening, and states that when the tide flowed sant Governor will be called upon to make again during the next day the bodies of whole, another award, and it is important that His Ex. families of Annamite fishermen were seen ollency should have some guidance from the floating in from the Bay, beyond. The subsis Court as to the course of procedure the Ceart dance of the elements in Tourano was followed considers he ought to parme, This will pro a few days later by another typhoon, which bably nroid a continuation of a litigation which raged from the 16th to the 18th October, and extended to Quinhon, a port of three thousand At this point the Court rose,
inhabitants, and mostly fishermen and posts has been already of a prolonged character.
Here the former suffered the most for when the storm had wholly subsided it was found that not a fishing boat or oraft of any description was The Committee hope, therefore, that His intact. All were damaged beyond repair, and at. Excellency the Governor will join with them together, it is computed between thres and five In recogning that steam-sunel owners are hundred lives were lost in Quinbon and the neighnot at present sufficiently protected against bourhood. Information has been sent to Siago liability to fosa and disaster through the action pore, and by this time, it is hoped, the necessary of the persons in charge of these vessels, and help kas bean received by the survivors of the that some effective measures should be taken to disaster, while a telegraph hoat has been dis bring them under proper supervision and con- trol the continuous record system could be patched to repair the cable.
extended to the sailors employed on the steam launches, o still better guarantee for the safety HONGKONG GENERAL CHAMBER
POLICE COURT.
Wednesday, 31st October.
BEFORE MR. F. A. HAZELAND.
SETTING FINN TÓ, A KAT.
For refinad eruelty, two Chinamen placed in beat. They were charged with having in Gag the dock yesterday morning would be hard to street late on Tuesday night wantonly and eruelly ill-treated a caged rat by saturating it with kerosenia oil and setting it slight.
Lance-Sergeant Kent stated that his atten tion was attracted by a crowd In Gage Street su Tuesday night as about ten o'clock, and on going to investigate, he saw the two prisoners poking the animal, which was all ablaze, with
sticks. The rat was burned to a couder,
The scoused pleaded not guilty, alleging that it was their cook who set the rat olight.
His Wership, in finding the charge provod, described the culprits as being worse than fenda It was a glaring case of heartless cruelty to animals, and the sentence would be $25 Ane much,
or one month's hard labour,
BUSHING PASSENGERS.
attoking
OF COMMERCE.
The following is further correspondenes read at the last monthly meeting of the Hongkong PROFOBAL" FOR BETTER CONTROL OF M18 General Clinmber of Commerce →→
TEKS. ETC., OF STEAM LAUNCHI GURGA Peninsular & Oriental Steam & Navigation Co.
DEAR
Another consideration, and that of no little
importance, is the growing freqneties of seizures of steam-launches for piratical purposes, and the consequent necessity for Iaving persons in charge, whose antecidents are well known and who are not likely to be in collusion with pirates.
of these craft would he gained graph
The Harbour Master and the Captain Super. intendent of Police would, it is hoved, Ind little dimenity in working ont, the detaily of such system, which should, of course, as at
renewed as often as may be desmed necessary for purposer of identification
present, provide for the attachment of a photo graph of the holder to cash certificate to be
I hoy the honour to be, air,
Your most obedient servant,
ÄTTERTON AVILEGI,
Вестов
Hongkong, 15th October, 1900.
With reference to the attached memoran COLONIAL SECRETARI
the committee of the Chamber, I proposed et dem, which I have been asked to place lofor the next meeting to suggest that the Bos
mont be approached with a view to the ades of a system of continuous record
for the master and engineers of steam. Isumohes Harbour Department, steh certificates hoding certificates of competency from the record of service from the time
of competency were issued: they we &e, every change of employment and
should accompany place of birth and other
the learing a photograph certificate, ao a description of the man, sad, latter should be renewed from given hy each employer, as well
if necessary, these time to time.
All endorsements on the certificate abould be
nuisance 72 steps the police are taking to suppress the
Indian Constable 509 aubmitted evidence that All of the accused pleaded not guilty. They convicted them, and they were fined $3 each. were waiting for their masters, they said.
ASSAULTING A MAN WITH A PORE, HOUR. Kwa Sing, who keeps a pork stall at the market, hoda dispute regarding the geirine made by the Harbour Master, and a duplicate
Harbour Department,9 of a twenty cent piece with Wong A Hye copy should be kept for future reference at the on Tresday morning, and eattled the argument same ystem could be extended to om
in Wong a pork hook in
to his own eatinination at least-by
outside the market, when complainant ran up to him and declared that he had been assaulted.
Magistrate-What state was he in! Withose He was bleeding right down the face and banks, your worship.
Defendant denied that he struck complainant with the pork book; he was inside his stall and complainant was outside.
The magtrate found the charge proven and laposed a fine of $10 or a month imprison
eye
KEEPING A GAMING MOUSE, Bleven Chainaman: were, brought up on re- and charged with being keepers of a common Kamini house. Chief Detective-Inspector Habson prosecuted, and Mr. J F. Rece
charge wid that the first to the serenth Tinclusive, did keep a common gam- at Esumma Hin, the district, of this colour on the 24th of October, to the bleventh inclusite/did *k this gaming house on the 24th of Oct.
brace all firemen and sailors, so much the better, gineers it will be some kind of protection to the launch onore who are apparently in future to be responsible for say acts of piracy com mitted by their launches, no matter whəther the crew are implicated or not
Perhaps you will be so kind as to ask per- misdon of the chairman to droulate this letter Amongst the Committee, so that members may come to the meeting prepared to make any amendments that coour to them.
The BECRETARY,
MEMAKARAIN:
Hongkong General Chamber of Commerce.
Now Imunch Ordinan The Government will have launch cowsins to d although they may mai vătr regard to Eiropodi gwaed E
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