Never
that the florming grists of the houses de actually Cres sach other of
did say that a should not take proceedings under this Ordinance against any Chinese offender until after it should have been promulgated in Chinese, what I stated was, that I. should be unwilling to take such prooudings, when Smade that __ statement I knew that it lay in my.
own discretion to take such Proceedings or othermice that is to say, to a certain extent million
divertion, The Gremor has the power to limit
my
I was aware when I made this statement what discretion.
ayo
(no
·
averðurx
m
of worker to
t believe
and have reason
a
t
Contents of the Ordinance mere,
Ior taking those procuding today am acting render my own discretion entirely. The reason I am willing to do to day what I was not willing to do some time
because of the delay on M: Wades part, in translating the New Ordinance. That is me reason, another is, that althingh I told all the Government Contractors and Chinese. Make known the terms of the new Ordinance they have done so, still no notice has been taken by the - fringing it, thirdly, because under section 11, the
Bent in the heavier mould be the penalty upon him I formed that opincia from reading the paragraph in question syssaragraph.
(Ligned)) William Cowper
Acting Surveyor General The Sestions resembled having by a Magority of four to one Conciderst that works in
- any way commenced prior to the date of the ordinance do not Comme under its operation dismies the Complaint:
(Signed) 1. H. Mitchell
Before
The stumble I. I. Edger luf Gerge Lyall Eng William Kamond Ey R. C. Antrobus
W. A. Mitchell lay
the parties in longer the offender.
Il
Chairman
In 48
561
Lome 12018 rake age you
My dear Hudson
5
ached my
opinion on cause I of the Building Ordinance, which
gave you
& still retain
Gov. now call my attention to Clause 11, and Ibey Say that the two are quite.
Or is
Consistent and reconcilable.
disjunctive, Consequently each participle in 11 must- be read separately, and not Compensatively as I am told the Magistrates read them the muck before last.
But at the same time each participle in that clance
Must be read in connexion with the word im
Cimmediately following the last in contracaution of this Ordinance.
We must now look to see what is in Contravention of the
Ordinance, and we find it throughout, with an
exemption
plainly laid down in Clance I of works in continiend
progrew for 2 Months -
Such works then are and by a further loving
But it
may
not in contravention of the Orelin.
werke.
do not come under Pause 11.
be argued that clause 11 Enverno huisancee,
a word that does not recur in clause 3. True, but Clause
44 applies the word distinctly to Clause 3, and thus Connects Douse 3 with Clause 11.
in
now, as woken.
when I spoke to you Engi.
my opinion, Some time back, a house of which the building has been sin Continued Aurce for 3 ommons to date of Complaint
is not a nuisance under clause 11, as not "Commenced
" resumed prosecuted or finished in Contravention of "