1889-10-09 — Page 6

No. desin begins by the Gap Pollos Station, following the Paar Rond zust to Viotorla Gap where it turns to the north and discharges on the hill sida over the city. little way down the Peak Road. To this drain only one base is copanbul,

No: 3 desin hastwo branches, one commencing from "Hists Bangalow" and fallowing Planta tion Road, the other commencing at "The Pavilions and running west on the Mount Kellett Road, joining at the north east corner of K L No 59, and thence following the Aber- dean Road to an outfall on the hill-wide below The Neuk. This drain hea thirteen beures connected to it.

it and the ground turled and plantel with trees. While I believe this pinu would be fenud to work estisfactorily, if properly carried out, I am decidedly of opinion that my previous plan will be found to bo the better.

As regards the dispost of the kitchen refuse I am certainly of opinion that this last plan i the brat and will be found to work better than sither attempting to harm it or carry it say long distances by hand.

WATER.

three main points must be complied with.

1~The water must be good.

MAIL BUPPLEMENT TO THB

THE PEAK BUILDING COMPANY,

LIMITED.

The statutory general meeting of the share holders in the Peak Building Company, Limited, was held at the afloss, Praya Contral, Hongkong, on Saturday morning the 28th September There were promont Mors. R. C. Wilcox (Chairman), H. Woking, Ho Wyson, A. Denison, J. Macle hoso, Yeang Po Li, and J.

G. Smith, Secretary.

The CHALERAN said-Gentlemen, as you are no donbesware, this is only the statutory most the provisions of the Comperios Ordinances. We have no business to transsit, but I am hap 2-It must be sufficient in quantity not only py to be able to tell you that the building work No. 4 'drais com meness at "Myrtle Bank" nad follows the Mount Kellett Road south-west for prosent requirements but for thous of many of the Company is progressing satisfactorily. Of the ten honsee or the plan before me one is aboat for a short distance, when it is cat to on years to come

3.-It must be delivered at an altitude to sup-two-thirds of the way up, six bave risen to the ontfal on the hill-side close to No. 2 outfall. To this drain there are seven hoses connected.ply all bat say two or three of the higheat houses top of the ground door, and the basements of

two more are completed. It will thus be seen that culy 22 konses out at the Peak.

Me. WICHING That is very entisfactory. of the at prosent tilt and occupied ara connected to these drains, and that there still

When will knother call be required?

The CBATEMAN-I cannot any exsetly. Dus remain houses which drain into Pokfulam

nole will be gfren.

Mr. WICKING How much more will be want to complete these ten houses do you think?. The CHAIRMAN-Frobably $5 a share. The mosting then terminated.

reservoir,

|

Before disrasing which is the best plan to fall these requirements it will be well to settle No. 2 and 3, ile, the amount and altitude.

The number of Europeans living at the Paak The draiongs of the Peak may therefore be this summer is 296, and the number of Chinessed

if with 1,025. cocupying 68 houses considered in its infancy, and

Duisance is The estimated number of Europeans next, em- only housee drained a coused,

this nuisance will be greatly In-mer will be 309 and Chinese 1,300, Hving in 83 ressed when the whole Peak, with its 100 houses. houses either built er in course of construction,, are trained, to say nothing of a probabla, con siderable action to the number of houses in the course of a few years These agures do not inofula Magazine Gap, which has bonos hailt and about 40 more likely to be built before long

The estimated number of Eropeans in the summer of 1991 will be 125, and Chinese 1,800, living in 100 houses.

After this date I am inclined to think the

SIGNOR CATTANEO'S CONCERT AT THE CLUB LUSITANO... A concert was given on Thursday evening the 26th September, in the Hall of the Club Lusitano, Hongkong, by the papila of Signor Cattaneo. There was a large and en- thusiastic sadisone, and the orphans of the Ita lisa Convent, in whose aid the entertainment extent of $300), more or less. Several previous concerts of a like character have been given, and we are pleased to hear that several more are likely to be given during the coming winter,

increase in the population at the Peak will be stew, and a water supply that will provide for a po pulation of 100 per cent over the estimated ambers for 1991 would, I consider, be ample.

These fires do uct include Magazine Gap, or the Chinese occupied in building operation; aheat to recommend will be ample for both, and she latter will be reduced to very small numbers tinuous and rapid flow will not be maintained.after the buildings now incours of construction

are completed.

Ironsider, therefore, that whatever sobome in

I have heard it argaud that the naisage em plained of will cease when more houses are con reated. With this I do not agree, as the tous at the Peak are so scattered that the greater the number drained, the more additional will be seen presently, the scheme I am given, will, wo hour, benefit to the long lengths of drains will be required with roly a few houses connected to each and a och-

They have been very properly pat at the up. per ends of the four drains. Their capacity la

130 gallons, and they are supplied by the sillage

Iz Alimate like this, I consider every drain

-and this cen-only be properly offested by a enn

sfrot vafor copply to each flushing tank, with

a cock so arranged that the tack will be filled and the drain flushed twice daily independent of any supply of house sullege.

I may as wall here state that I consider the "Separate System" of drainage the most suit- able for the Feak, though there are several de- Laila in the manner in which it has been carried out that in my opinion admit of improvement, and it is upch thess details that its encianos depende. I consider it was unwise to lay these drains till

A proper water supply had has provided, and

the two schemes should have been carried out

It will be noticed that the number of Chirme

To build water from it.

of less than 1,050 font.

t

HONGKONG DAILY PERSS," OCTOBER 9TH, 1889,

SUPREME COURT.

26th Septembar.

"BEFORE THE FOLL COTET Bo CHUY LAN v. HO LAI BHI.

this case.

A

ho retneed to take the shares, and it was slo

he deducted the132,000, that it was an 100cunt

confirmed by the pridence of Mr. Drude wh

sd Mr. Grimble told him, when ha naked why

together, but at the same time it was very ined a lift will require the water to be pump Miss Edith Carvalho's cavatino from Hollini's "nothing in the records of the ferizer: action (however, there is so enoh, uncertainty, as the late period." I mist add that in considers he norar mentioned ha was going to tids there

portant to take steps to prevent the Pokfulam water supply from becoming polluted.

The Arat and insperative messcity to improve the condition of the drains is a constant water Kapply.

sent drains are in all cases the best.

band Mr. Darby, who sold the shares; said he

got insteastians on the 4th September ne

The words of the Ordinance (No. 2 of 1856 of herself and sons and daughters"? "Ioan i ballava I have balore, me all the principles which the whole of the 100 Banks and the Br Are "if it shall appear to the Magistrate that hardly think that the word "administer" shopla guide the Court in determining the rest would not be cleared and I onlculated roughly it the mocused isn abject of Chios and that thers is conveys a mach power over the estate on the of the case. Ficsty is is not diapated that there would be about $3,300. Mr. Gabbay probable cause for believing that he has sam expression laposs of It is true that in sores are certain mistakes of arithmetic apparent upon "If Mr. Braudl does not clear his ansat, 55 mitte snob arithe do, the Magistrate shall com connections the administration of property in the face of the certificate. It is extraordinary you have exchangod names we are not zaspo

Did I not tell you I was going on quite a dif mit." His Worship said that notwithstanding olndesdistribution, but I think that in its primary that these mistakes, some of which are consider sible. We will debit your socanat" I told you the arguments for the defenes his was of opinion and popular monning it means management able, should not bare been discovered by soms of I thought Sagita could go up in September- that there was sufficient evidence on the subject and the sxpression in behalf of" which follows the salinitors in whose presence the cortisonto to make it appear to bia that, the socused was the expansion to be administered in this will, was settled, but as they are self-evident and their farent tack, that I thought they would go down did not consider that there was probable causa ship which is inconsistent with absolute owner fairly on the position of the fartige ander the fora for days, because I was of opinion they were Cress-ozaraination contund-I told you then subject of China, bat az to the charge itself, he onttreys to my mind an idea of agonoy or naked correction would not in my opinion operate un-I had no object in asking you to carry the shares behalf of" oan, and in my opinion cught to be, made, especially as i would have the foot of for believing the defendant had committed the ship. The expression" be administered on decretat order I think the borrbation should be going down. I do not remember that rims with which he was charged. He had ar In considering a Water Supply to the Ping of the Company, held in compliance with rived at this onelanion after the cross-examisa-confined to mansgament, and if so, the defendant - Barrying out what was intended to be them.I had sold the shares zt 8258. I told you I had tion of the witnesses for the prosecution on the is a trustee, and administration decrso follows atangs of the report. Then there isar of sold 75. I cortainly did not tell you, I had last day's hearing, when the discrepancies in the as a matter of course. Following the principle 38,084.70 new claimed as having been applied by sold 200. I did not have 200 Sugar, and I evidence of the witness who was called to prove of Lambe v. Exitas and the other more mo- Tam Mo San, the original defendant, in pay-did not tell you I had sold that unabor. I do the identity of the accused was so serious and the dera cases, I think this conelasing is to be arment of the testator's debt. Int of which no not remember telling yon the Bank byl pressed fimprobablitity of the whole of his story being true rived at upon the trae construction of the will astion has been taken in the report. Part of me and that I had been obliged to morillon the rendered so apparent that it became impossible taken by itself withnat sistance from the onses the estate was sold on the 15th of September, shares, I will not swear I did not I simply do defendant's gallt. It had been argued for the created by other words in other will. Then declaration of Tam Koong Piog the original satsa I had not sufficient margin: therefore I for him (the Hagistrate) to believe in the in which tests have been held to have baan 1870, for $39,150, and this sum, soppeling to the not recollect In a dor lain way I had to all by prosecution that, it was only necessary for the the question has been raised: What share is plaintiff, was reosivad by Tamo San for the was forced to sell, but the Bank did not come to Magistrate to find aprinsa fole as against the the plaletiff entitled to? I think it would be purpose of paying of the testator's dobta, me sad Bay, "You must sell those shares.". If sosused, such a case as would justify him in premature to decide that question at present. It 30,000 of this was speas in paying off a mort the Bank had not put premare on me I do not committing fie man for trial in the Supremes clear that the tertatur meant the defendant gigo, and Tam Mo Son is credited with $1,100 know whether I would base sold.Witness wa

This concluded the criteris, Court, and for the defence it was intend to have a large disiretion in the administration for interest pafil, but which according to the further cross-examined as to the details of the ed that the Magistrate had to deal with of the estate and she should.in my opinion, be dates given in the report should be 31,065.21, Beaut

Mr. Webbon said he thought the question way, the case more as if so were the final judge, and protected as far as possible in the honest exer-The 88084.79 is the balance of the purchase that the words that there is probable cause for ciso of that discretion. The plaintiff having money after deducting the $20,000 and the believing" meant far mere than that he was to established to the Court's satisfaction that ahs $1,065.21. It is said that in tho abones of pront not what the rate was on settling day, but consider whether or not a more prima facie com has a beneficial faterest, bas a right at present to the contrary this balance must be dearned to whether the defendant had a right to hold those had been made ea. He the Magistrate) was to know what the property was and what he have been wholly applied to the purpose for watob shares over on behalf of the plaintiff. The Inclined to the latter opinion, not, however, that been done with it, and the reasons watch the it hot boon received, but to my mind presuntive shares were certainly sold to Mr. Braude kn should hear and decide the case as a judge defendant may have bad for disposing of any proof to the contrary lies in the fact that Tam Me by Toog and Gehbay, and Mr. Brands and jury, but that the balance of evidence must part of it, but it will be time sough to an subsequently made au atidavit verifying a was no doubt ander the impression from what ha bo in favour of the prosecution before ho sinld say what share he or any other benefi schedule of, disbursements heroin he made an was told by those brokers that if he was unable commit. In this case he was not of opinion that clary is cotitied to when we find out what claim to be credited with this sum or any part of to take them up Mr. Grimble would arranga ts there was prchable cauen for believing the so- there is to be distributed. In Raikon Ward, It. Ta direct an enquiry now as to the testator's carry them to the end of September, and then, oused to be gailty, and he was therefore dia 1. Hara, 445; Jabber Jubber, 9, Siro 503, debts would I baflove ha merely groping in the as he had so other transactions with Me Crockett Crockett, 1 Hare, 41; Costabadis daric. Ef any such debts were owing and were Brandt iz Sugars, the matter could be arranged. v. Costsbarlie, 6, Hare, 410, and Godfrage. God-afterwards patt there is at any rate a chance that But still, Mr. Grimble had distinotly stated that sharged.

breg, 2, N. R. 15, all cases similar, to the pre-athers ware dus which were received and them when he came down from the Peak after four. sant, in this respect that the mother, though latter at any rate could not now he pertained, then daya' absence as said How could they meant to be invented with a sortsin discretion. Moreover, in the absence of any claim by Tam Lave said such a thing as that?" He rapadiated was declared to be a trustos for herself and Mo San for the payment of such debis Ioannot it and threw the responsibility on Tong a children, no specific declaration of the extent of think that it was within the province of the Gabbay or rather on the plaictif. Then on the

carry those share till.-

Mr Grimble Rid the children's internal was made in the first in Reglatrar to go beyond Tam Mo San's nf. 27th they had conversation and Mr. Besnef stance, and I iblak it will be both just and conidavit, or that there was any mistake on fris part said, Won't you It has been attempted to remedy, this defoot by the construction of what are known adopted should be able to supply water (or to baso We more than once heard the remark on

Mr. Fraasik, Q., instructed by Messrs Cale venient to follow this praction in the present in not noticing the cabjest of the teststor's the 30th September Fiekt's Flushing Fank"-The aetion of these

liberty to report special sironmstsnow. Fur- take evidence now per the matter would notus-best to carry them over settling day." therefore lead to the correcting of a mistako bat to Mr. Brandt did not demur, and tacitly donsant- sonnes dribbling in, fil the fank is fell, and then not less than 850 Europeans and 3,000 Chinsetost the speaker had attended in Hongkong, and and Mr. Bollock, instructed by Mers Ewens ther directions and costs reserved. tanks, is that they accumulate the drainage as it extended as të be espatle of supplying water) for Thursday evening that the concert was the well and Wilkinson, appeared for the plaintig case. The usual accounts to be taken with doble óxoopt sa în 20. 5 of the report. To" No, I will not do so, but I will do The Acting Paige Judge Mr. Justios Wise) the alteration of the substance of the report, which-ad. This was confirmed by the versaties on by aayphon arrangement the whole contents of

Their Lordships new delivered jodgment in aid-I am of the same opinion. With reforones in acourdones with the shoro rule is not per Monday and the plaintiff and defendant going the tank in discharged in a few seconds, thus dues not inoren in proportion to the Europeans. this may perbere be regarded se somewhat and Recco, for the defendant.

to the preliminary objection which was raised missible. This item therefore must he ingether to Toeg and Gubbay's office to arrange causing a good Basis to the drain. It is general. This is only natural, as, with Hotels, chipse exaggerated praise, the ontertainment, was at

The Acting Chief Justics said This is a nit on behalf of the plaintif that the defendant was allowed. The next item is a anm of 32.400 for matters afterwards. It was close that if a better y allowed that those flashing tanks are the houses and the Tramway, the proportion of ser-all events so good sa to inake, all who were pré-

vants to Europeans will be less and has been sent look forward with pleasure to similar enter for the administration of the trasts of the will stopped from getting us this defoner, of in the reconstruction of thres hnuses and repair price had bron obtainable when the wile the most efficient of their kind,

tainments in the future. With one or two ex of Hu Tem Shin, who died on the 4th April, wopoints gift in consequenos of a devision de This is distinguishable from the last meationed place Mr. Girimble world not have sacrificed hie getting so for several years.

120 gallons per head is allowed for every captions the items on the programme were all 1871, leaving personal estate of considerable value.livered is uit No. 88 of 1888, 1. consider, on iters in the fact, that it was claimed and provot own 25 shares. The shares were not in the European and 10 galkus per head for every Chi

to the coarderation of the question raised are using the decision referred to that the learned a fere mistake which can and ongat to be whom there was an account. As Mr Brandt did am sure it will be ever the amount used operatie selections. The opening pisse was The to us of the will so far as they are usterial looking up the papers in that suit and on per- by Tum Mo San and its omission appears to be hands of the Bank, but of Toeg and Gubbay with waters of one

It was with the consent and ap strong oborus from Vardi's "I Masaudieri" as follows I give all my stole real and Chief Justice did not decide the point at igyue, restified. A sua cisimed for loss of rent while not wish his shares sold on the 31st he would not in sotual working. This is a very weak point, the untably is their

This would make e daily sonsumption in 1897-4wenty voices. Miss Ignes d'Almada Castro, personal whatsoever to my beloved wife Ho Lai although he certainly expressed an opinion in there houses were being built must be disallowed possibly take the rate that day the market discharge too seldom, thas permitting the sul lape to desimposs hafore it is discharged, but of 50.500 gallons, and allowing for the increase whose name appeared next, sang an arie, Mia Shi, to be administered by her as she may favour of the establishment of a trust. The as being included in the question of rents, which Price.

naber naming them) and my daughters" (four give all my estate real and personal whatsoever $2,578 which admittedly should have bean sllow-that these shares were not realised on the flat. they are liebla to total insotion in the event of of 100 per seat, on the European population and Picceralla," in which her pleasant soprano voice think best in behalf of herself, my sms (five in words of the will before us are as follows:- has been finally settled. Lastly, there is a nam of probation and full knowledge of Mr. Brandt the horse which supplies them becoming un-

their proportion of secvsate as atove, would wake was heard to great adrantago. Then followed in number naming them). Probably this will to my beloved wife Hr Lai Shi to be admini, fed as it had previously been admitted in the August. If Mr. Brandt had not wished this tido the sharen ovor settlement day" he should cccapied, and from that moment the drain would 47,000 gallons per day.

The next question to decide is the altitude, quartette from Rigoletto" by Miss Edith was granted to the widow and present defendant stared by her as she may think best in behalf pleadings. As I am of opinion that the allowance when Mr. Grimble said, "I will do my best to Gaedes on June 8th, 1871 The plaintiff, one of the of herself, my son, (naming them and my of this amount and the $2.400 will not unfairly have said. No realise my shares and charge cease to receźro-sny finebing unters the tank.

Having caused careful levels to be taken and as- Carvalho (soprano), Mrs. Maria

daughters named in the will, claims to be bone daughters" naming them). Numerous cases affect the position of other parties they will were bend 8lled

C. Lammert, (tenorficially interested and therefore entitled to an ad- were cited at the hearing. but, I think that now be credited to the defendant. In conclams with the difference on the settling day," but Ae an instance of this I my mention that sing the Victoria Gap, to be 1,300 feet aboro (mezzo-soprano). Mr.

Mr. G. Lammert (baritone) all bministration decree,dhim which is resisted by the the cans of Lambs

Banes which we sion I wish to state that in dealing with that instead of doing that he acquiesced, in the one of these teoks is depardant upon The the sea. Ironsider the service tank should be at and

whom were in excellent voice, and thra sone defendant on the ground that the will voets the carried to the Court of Appeal (L. B. 3. Ch. part of the application which had been disproposal muds by Mr. Grimble to carry the

evidence of what the price war to Pavilions," which are seldom or never occupied a level of 1,560 foot. during the winter, and therefore the drain re

My reasons for Bring on this level are that what deals use was well renderad; the property absnintely in herself. Before discuss 5971 is the one that has gepit bearing on the allowed I have not considered myself at liberty share out that any day on the settling dons. Yn Another case similar to this, the maize endashed for months, which cannot fail there are only about four houses above it; that tenor especially way deserving of praise. When-ing the meaning of the will it is necessary to present case and was the con chisfy relied upon to be influenced by any presumption of negligence day because no business appeared to hays bosh

by the defendant. In that oss the testator on the part of the solloitor who setod for Tam the level of "Plapkett's Gap" is 1,440 foot and to enquisaDos.

Jackson's Gap" 1,510 feet, over bodi of which ever Mrs. J. D. Humphreys appears we expect ctice an objection arged by the plaintiff. vis.

setting up an absolata property under the will pasal in any way the my thinks best for the risk from the employment of a soliciter who

Mr. Brandt said it had been shown that le should be flushed twice a day to keep it swael, gags the water must flow, thus allowing 30 feet something good, and her cavatina from "Pengui" at the defandast is stopped or precluded from gave his estate to his welow to be at kor dis. Mo San. A client must necessarily the great tintin had himself charged Mr. Chas Moonay

head to overcome friction, Lu, atJackson'e Gap" not disappoint the expoctations. Mise by a judgment of this Court in suit No. 88 of benent of herself and family and the Coart does not do his duty, but he and those who the difference between $311 and 3258.

than that of re-agitating questions to be carried to 30th September. When Having thus decided apor the mutand the Carotta de Souza neat played a fantasia on 1689 That was an action by the official zasignos hold that thess words did not constitute & trast, scored to his interests minst seek some rely was allowed to apposes the shares were

Пата which

decided been already altitude I will now mention the only three ways airs from Lucia di Lammermoor." The of the estate of Hu Alim, one of the 2008, who and Lord Justice James in the course of his other

had been adjudicated bankrupt, against the pre-judgment unde some strong observations or

brokers that he repadiated that arrangement he thet I know of fulfiling these conditions, viz:--

If parties vero suffered to lie. Brand) told him he was not going to take -To pump the water from the Tylam ser-Foung lady iɛ á skilful executunt, but was gent defendant for administration. The defard- | the inadvisability of creating trusts whore ag was said by the Master of the Rolls in Tarnar Mr. Grimble told him in the prsstoe of the

fortunate In her selection, which was of extra-ant moved by way of demurrer for the dismissal treats were intended. If the presont case and Turner, vice tank."

To pump the water from the Pokfulexa ordinary length and great sameness of charas of the Bothan on the ground that the defendant therefore came within the principles laid down by for a long time, and then, in the last the shares up, that he must either sarty the or took an absolute interest under the will, sad the Trambe. Eames wo should be compelled to to bring a complaint before the Court, great sell them. This was confirmed by the aridance tor. She wa more fortunate in the sÔ-

Court, after argument, dismissed the motion and hold that the widow took an abacinte, interest. misobiet would be oosssioned, and rales of prao of Mears. Tong and teabbay, who distinctly wid Reservoir,

remorroir and pump the cond part of the programme, when she gave ordered the defendant to file an answer. Bab However, I am of opinion that the tan cases are tice, an adherence to which publio potior requires the audantseronde espricioso from Mendelezohn's sequently, at snewer having been filed in distinguishable. In Lambe. Eames the words would be endangaiel. It is better that the in- The first of theas will require the water to be opus 14. Misa de Souza also relieved Mr. which the defendant repeated her former wars for the beneilt of herself and family," and dividuals should suffor by their dashes, than

of some trouble with Banks and Sogars, but that Cattaneo as accompanist is several of the items contention, the plaintiff obtained the leave of it might be said that there was an uncertainty as that so wash delay should be avesse by allowing the Court to withdraw the suit. There is to the objesta of the-trast. In the present oase; the subject to be re-argued and agitated again at pumped a lift of no law than 1,160 feet.

The second. Both of these plans, owing to the evermons Puritan" as one of the gema of the evening. Liob in my opinion precludes the defondant Eastator expressly names the objects Secondly, tion of this application I have not been assisted

he (Mr. Brandt) over asked for time for few cost of pamping to moh's height, are, I consider, and in sit her appearances (five in all besides from relying upon the construction she seeks to in Lambe e. Eauss, the estate is left to the by the sfdavits which the defendant bas put over for a few days. There was nothing to

the question.

the choruses) this lady proved horsaif a finished put upon the will in the present setion. It may wadow "to be at her disposal, in my way she upon the file. However strong they may be, show, except Mr. Grimble's own statement, that out of

As regards third there are several sites at vocalist, Her voice is of very find quality and well be that if a decree for administration had may think best for the benefit, &c. In this they are inadmissible with regard to matters. In fact he had shares to sell which had

heen made upon the demurrer and steps had the worda aro to be alministered as she which has been finally settled, while with ragard which reservoir sould be built, but the chief she uses it admirably, without strain, and with been taken under the statute lõ and 18 Vis. e. B9, may think beat for the benefit,” l'a; and it seems to the itouts now allowed. I kave relied solely upon been left on his bands by defaulters and he got I de not consider the lines taken by the pre-obiest in to select the highest which will supply of them very quickly at 3200. Os the other

sufficient good water by so doing the pumping piality. No. 7 was a trio from "Faust" by to ser to the ether children with notice of such whether the word "admindstey" line a strong which was at his disposal. There will be

nf the other witness said they had been weknd -Messrs. C Lammert (tenor), C. Graze decros, the question how at issue would have significanes as the word "dispon," and I trust der to vary the pertificate by giving credit for The two drains Non I and which discharge wuld be reduced to a minimua.

There is no doubt in my mind that the site at

been set at mut, bat as silere stood when the confess that I do not think it has. In my the two sims of 82,400 and $2,573 and correcting pser the oily should think, have been-- Austin Arie" wilt tahil all-the-require (haritone), and W. E. Crow. (bass), which was suit was withdrawn the present plaintiff was in opinion the disposal of roperty necessarily in the arithmetical mistakes apparant on the toe of to sell. He thought it was clear it was never i

chiefly a soio for Mr. Grace, who was in hiả; no sense'n party by representation or otherwise,olades its distribution, but I do not believe that Lit Proceedings mast he stayed upon the decrefa tended to sell the shares until same prakĽS

In put on Mr. Grimble, and in all those send ha drain at the Gap Police Station. Had this boen be 1,560 fest, thus recessitating a lift of only second part of the programame Mr. Grace sany ruling of the demurrer or afterwards any date-dees-tnt-sppens to me to be directions consegaerial apon the variation of 90ognised that this settling day rats should to dena in the Brat instance the leng length from 200 feet; and I think I can show that an effciant posts song "Queen of the Earth, in which privity of ostate between the plaintiff in that necesanty at the present stage of the proceed the certificate can be given. The defendant's taken a fixing the difference.

he prodtoad & inss agreeable effect on our mind, nit and the plaintif in the present action which jugs to decido as to the amount of the plaintiff's costs no fat so they relate to the variation or Money, the case was totally different. of

could make the decision on the point of law con-

share, but that it will suflee simply to hold that ordered, but not including any of the alldavite Mooney had to take up shares and at kle-special pat in in support, and the costs of the other request be Mr. Brandt) agreed quite formally I have had cross sections of the valley

parties on this application will come out of the to carry them for a few days when about the 1 sty Enthing for it but to carry out the pre taken from which I have abertained with though judging by the applause which alueise as between the present parties. The the words of the will areate a trust.

that 40 followed it would s only

were main qasetion, vis. Has the defendant an

estate and there will be liberty to all parties to 5th hajgare ont that be was going into bank- rupted and could not accomplish anything at all. swal catfall to No. 9 drain by continuing it down at doubt that by a dam of

apply.

A to the statement that there was no market and the children would seem to depend upṣa the hillside till it connects to the town drain fret in height a body of water can be somewhat solitary in that respect. It is not absolute interest or is she a trustee for herself

BETOEL ME. FIDLING CLARKE,

en settling day, Mr. Danby, the defendant's own which is carried a nearly as far as the first impounded of no less than 13,500,000 gallons, or often that. Mr. Grace lays himself open to ad-whether we should take the expression "to be

ACTING CHIEF JUSTICE.

witness, said he did business on that day at $265 resting place on the Peak Bead. This entfall is over the maximum amount required for nine

a den. already causing a cuisiner, and then the two months consumption, not dlowing for any rain. verae criticism, sat on this castan he sp-administered by her as she may think best in

TAM KWAN B. YAN M Wo BEFORE MR. A. G. WIE, ACTING PUISNE and $296, and Mr. Webber was fary particular to get out of him that these were forood sales. fall during that time. There is no doubt there- peared more intent on displaying the power of behalf of herself and her ohibiren

JUDGE. large hotels tow in dourse of canstraction re

Mr. Francis, 90, instructed by Messrs.

Forced siles pat through at $266 and $265. ing the gift to bie wife or as a direction qualify. wuncted, it would very soon become dangerous fere that this valley is more than suficit to his voice than of giring a finished interpretation sription merely of the testator's motive in mak

BRANDT V. GRIMOLE, 1996.

showed that rats old bo got. That did away of the must, and if it were posible to analyse the ings that gift and prosiding for the beseficial Wetter & Deason, appeared for the plaintiff at The direction of the branch drain from contain the amonat required.

There is at present only one house that drain applause he earned it would be found, we think, application of the property to the objects the hoaring, bat being absent today, owing to

The bearing of this was resmod, having with the omtention that there was no market Pavilions (looking at the position of the outfall) is I consider wrong, and should run in the opiate this water-shed, and the drainage fruit that it was more a tribute to the extraordianty namerated. In support of the former view indisposition, his place was filled by Mr, Pollock.

can be easily diverted. The source of supply posite direction.

rolume of sound than to the art displayed. No.8 great reliance is placed upon the use of Lambe Mr. Robluson, instructed by Messrs. Holmes been adjourned on the last occasion for the avi- With regard to an item of 8531 in the so- dence of the defendant, who was then able to count, he said he had paid Tveg and Gubbay The oatfalls to No. 3 and 4 draina should be may, therefore, be considered pure

attend, owing to indisposition The plainti full, and they had transferred this amat Ilis Lordship gave judgment as follows: 597. This case bears in some respects, a fo Only one siber paint remains to be decided, was a dust by Mrs. Guedes and Mr. E. W. Nait-Eames, L.R. 10 Eg. 267, and on appel 6 Ch. and Prynas, appeared for the defendant.

This

Yall and the money was deducted from Mr. Grim- connected and exrried considerably further down

land from Favorita." The first part of the pre- semblance to the presont ene and demands the

an application by the defendant to conducted his own sase, and Mr. Webber an to the account of another olient, who was paid in the bill or else they will very soon cause such a tit. Is the drainage area fuient P maisance as to become dangerone to the occupants The ares that can be made to drain into the gramme was brought fos close by the "Miserere" most refa! consideration, not only from be vary the decretal order of the 13th January. peared for the defence.

Defendant was now called and gave evidence ble's account. He submitted that according to of the house in the neighbourhood.

reservoir is approximately 1,400,000 square from "frovatore," in which Miss Edith Caring a judgment of the Court of Append but be- 1938, founded upon the Tegistrar's certificate The present stone ventilator covers. with rivo tent, and, allowing the average annual rainfall valho and Mr. C. Lammert were the prisolveuse it has been subsequently recognised in the of the 26th May, 1897, and to refer the certis follows:-1 raisined $3,000 on a share the law of principal and agent Messrs. Toey and same Court (In Eo Adams and the Kensington fleate back for farther evidense upon certain dealing secouut between the plaintiff and my. Gabbay had no right to divert money passing 14 inch Gameter Loles, which are so liable to be of fistles, would giro cleo on 60,000,000 come stopped up, should be replaced by iron gallons. A very considerable portion of this is pale, supported by a chorus behind the scenes. Vestry, LR. 27, Uk. D. 396) and in the Privy points, some of which it is alleged bave been gulf for the end of August, ass ent-off against through their hands to any other purpose than gratings of larger ventilating area. I have lost by absorption and evaporation, but seeing Miss Carvalho and Mr. Lammert sang endel Council Moasoorie Bank . Reyour, I.B. 7 Ch. wrongly desided and sotea not decided at all. 50 Sugar and 100 Banks which my brokers, that for which it was intended. He handed them counted as many as four of the present ventila that the maximum amenzt required is vol lently, as they did throughout the avaning, and 21. 330) as s leading onse stemming the tide of The first objection to be dealt with is that this Messrs. Toeg and Gubbay, told me they were $2,000 to pay to Mr. Grimblo, and they dednetod tore in stocassion without a single hole that is 17,000,000, I am candent that the reservoir wil the shorns was given very effectively, theagh authorities which had previously set strongly in application, or at any rate an application with not certain he would clear. He had bought 8534, which they hart no were right to do t'ass not stopped, thus canvertrating the sewer gases he fled to overflowing for several months once or twice we thought we heard the Maestro's favour of discovering trusts whore none were ex-substantially the same object, has been made from ma 50 Sugars for the end of Augusts messenger pant with a sum of money to the pressly imponed. In effect it acts 8.1 warning before and refused. On the 4th October, 1888, I retasmber having a escaversation with him Bank would have to déinct 85 or $16 in the ibe-year during the rainy season.

dieretal order about 27th Augurt. It was the first day I had ground that that amount was due to him.

His Lordship sail this was a claim for $996.89 to Courts of Justice, when interpreting wills, an application was made to wazy

an Account of certain transactions in shares. These ventilators might often be put a little I test these figures will clearly prove the robust võid with rather jarring prominenaa.

Then came the interval, when thirsty souls against relying too much apou vastractions of the 19th September, 1887 founded upon the come to town after a sheange of about twelve removed from the public road, bat if the drain officiency of the scheme, and I will now give &

not entitled to the privileges of the Club began which have been placed upon anmowhat, similar sare certificate. This last decretal order op- days through illness Mr. Chubbsy came to me is properly fluted and ventilated it is a well. short sketch of the plan as I would recom

to cast logging eyes around for a good Samaritan Words in other wills, and shows that in cases like pears by, the records of the Caart to have been and said Mr. Brandt wanted me to carry over There was a small item of $284, interest on $865, knows fact that no nuisance would arise that mend it to be carried out.

the present the Court should andavour, an was made on the 8th September, 1887, and not on these Sagare until the end of September, as he about which he had not beard a word. That can be complained of or that will be in any way: I would build s concrete dam, to feat high amongst the sombors; and the good Finmartians sold by J. Cotton, is. Adams and the Ken the 19th, and the inference in the judzment of did not think he would be able to take them up reduced the claim to 8994. All the items is the I said I was very porry, but I would not be able claim sreept one were practically admitted, and in the ceatro, seros the valley at the I will not attempt in this report to enter into angle of the road by the Anatin Arms At Were present in large numbers. We would angsington Vestry, to find out what upon the the Chief Justice (then Mr. Justine Russell) the question of the drainage of the large na the point Nature hes so provided by na gost, however, that when the hall is used for pub-tras construction was the meaning of the will, the desrotal order of the 19th September, must to carry them over. I suppose Mr. Gabbar in- that was withs rerard to the difference in the rowing the valier that the cam would lio entertainments it would be appreciated if rather than to lay hold of certain words be taken to refer to the decrotal order of formed Mr. Brandt that day. Later on I sw price of Sugars. Although the defendant did jority of houses at the Peak that have at present only require to be about 150 feet long; and as arrangements could be made for s bær, ná at the which in other wills had boun held to create the 8th September, 1995, the learned judge no Mr. Brandt and told bin the same thing. He not remember it, still there was evidence that on a trast." On the other hand, upon the pris. doubt haring taken his date from the recital irid Poeg and Gablay had assneed hits I would the 27th August the plaintiff gare distinct notice A system of drains with which to connect. The draininga question of the Peak cannot be the bed rock oraps ent no trouble would be City Hall, so that visitors should not have alpie just stated, it is equally clear that if the application, which was wrong in this respect. arry the shaces over. I said I would do as to the defendant that he intended to repudiate the considered without referenco the disposal of perienced with the foundations, in fact the to traspass on the kindness of embare for re-the testator's "inngunge indiente an intention The result of the application, as appears by the moola as possible not to press him on the shares and would not take them up. That be- to create a trust, the Court must be mreful to written judgment of the Chief Justice dated settling day. I said I could only salige himing an, the day on which the prios should have the excrementitious matter and kitchen refusa, ost of this dam would be very small;

There is already suficient level ground on which are at prosent supposed to be removed by

-The zooond 'part of the programmo" repedroid ask conalusiena in favour of an absoluto 21st November, 1887, was that the Court by tiding over the settling day, and could not been fixed was the 31st August With refer band and the former darried down to boats in whics to build a mall Pumping Statier, and

words somewhat similar to those in the present evidence, but directed that a dabit of $17,000 must be sold tap or three days afterwards. He to hold on the ovidence before him that the the harbour, but only a very small portion of I think it likely that the pumping could be with a brindisi from "Traviata," by Mrs. J. D. gift werely because in the more modern cases fused to refer the curtificate back for farther carry them to the end of the moath, and that the ones to the price on that day he was prepared On Monday, 2nd September, the Su- the other band defendant said there was an which there iswary reason to beliers ever reach more economically performed by eletricity Humphreys and Mr. G. Lammert, supported by will have been holl insuflejent to create a trust, which had been wrongly charged twice over to memed dissatisfied and wanted me to carry them plaintif had stated it correctly as $266. On an its proper destination, and no system invol than by stosi, seeing that the coals would all

the oborus Mrs. Humphreys rang with her Lambe v. Eames is in my opinion the strongest the original defondant abonid with the consent over. ving such a vast amount of manual labour will have to be brought up from bolow, but this is gual taste and power, and was ably seconded hy of all the authorities in favour of the defendant's of all parties be struck out of the certifonte, and gurs were not cleared, and I told Mr. Breedt agreement between him and the plaintiff that that the decretal order should be amended so I would have to do my best to sell them, defendant should hold the shares for a few days. contention, and it will therefore not be mocos-

Ythe plaintiff and the defendant, sad naturally be found to work satisfactorily, especially when question into which I have not gone. it has to be carried out at night and hy so aare; No private rights would be interfered with, Mr. Lammert, whose voice has undergone a reary for me to netloe the facts in the subsequent cordingly. It appears that this direction was I was not able, satnally to get rid of them on this point there was only the statement of Jess and indifferent s rece si the Chinese ogalia and the road to I B. L. 11 could be made along markable improvement of late and is now a fine cases to which our attention has been called. In given effect to in the decretal order of the 13th until Wednesday the 4th September..

Lambs v. Enron the bequest was to the tex January 1888, for the defendant in therein do- did my utmost to sell them on Monday, and they contradicted anch other. In setting up an in the absence of any oficial data; and sealag it on this lot drains into the Pokfulam area, and vatore," by Miss Edith Carvalho and Mr. Grace, she may think best for the benefit of herself and bited to bim in the certifests lows $17,000 AB do lo. On Tuesday I had a sort of offer at the party selling it up, and in this on the Burning the kitchen refuss has been tried, but the top of the dam; but seeing that the house bacitene. The next item was a duet from “Trotator's vitato be at her disposal in any wayfbited with $76,156.28, which is the amount. de Tuesday, but it was not Hill Wednesday I malā agreement like that the onus probandi was on bis been discontinued, I should say it is a failure, cannot well be drained elsewhere, for the pro ax it is not combustible by itself and during the taction of the water supply I consider it ought rendered, as may be judged from thennes of Ha

to be resumed by the Government,

performers, with exquisite skill. Mrs. Guedes fol-gift nasaddled by any trust for the children. The aseards in all other respects with the minute of backed out. I also sold 25 of my own shares the defendant held the shares over on his own rsíry sees must be perfectly sodden.

The best man of disposing of these two From the Pamping Station the water would lowed with a pleasing cavatina v Donizetti's Court opasidared that the testator's intention was the order made on the 8th September, 1987, it is alone with Mr. Brandt's 50. The 75 shares risk. He would therefore fix the 31st as the farms of refuse from the Peak are not very easy be delivered idto & Service Tank et 1,660 feet, Betly." No. 4 was a tris from "I nmbardy that the wife was to have the property as head tear that the present application so far as it were told by Benjamin and Danby at 8056. market day and the rate at $268. Following of the family, that she was to have power relates to taking further evidence upen matters That was the best price I could obtain, in fact this the charge in the defendant's amount of and the most convenient place for this is the by Miss Edith Carvalho, Mr. C, Lammort, and to disposa of the corpus and to detorming desit with is the certifloste has been already it was the foret, offer. I gat. I might have got 12 interest' of course failed. With regard to Mr. W. E. Crow, in which Mr. Crow's bus what she was to take for horach and what esch refuse But it is said that this refusal was an offer on Saturday, the settling day, but I the $534.35, this, os for as he conld widerstand, tucket which should be locked and so comstracted! The tank should be built sank into the ground, plaintif his that while admitting of excrementitious matter so that the top is level with the warface, and being put in, should prevent eny being got out sovered by trick arches, as it is correct to cover baritone in the trio from Fant"-rather sur-beaudit of hereof and family" contained the fendant would still have been indebted to the them over Battling day and I was not aro who brokers at one time or another, and by arrange constituted no trust or at any rate none which and that sinos thin the estate has been sold for wanted me to carry them and I raid I would not. Grimeble's scomat. Now with regard to this till the lid was unleaked. While it is possible in all service tanks. By this means it would prised us by its quality, the performance being resses for gising the property to the wife, bat ostate if all the alterations asked for were made thee he was going to eluar them, because he went with the brokers it was transfereed t

protested, and so às (ie Lordship) believed he n to design a backet which nearly conforme to this Follect the whole of the drainage' waters of this better than we napsily expect from this gentle confd be executed by the Court. "It is possible," so taugh more than was expected that the de- Witness then gave evidence as to the interest plaintiff denied, be ever agreed, and mid that be in theory, yet in praction I am cosädent it would apper valley, and would, I am confident, for some- man, who, invaluable in s chorus, does not al said T. J. James, "that in this case there may fendant instead of being indebted would now be and minor items of the scout. not be found to work.

thing like fire montha: the year save Ike The best way, and the one which I recom-oost of nearly all pauping. It should contain ways excel in solos or principal parts. Of Miss be some obligation on the widow to do something entitled to receive a considerable rumo. It is Cross-examined by plaintiff When I first to did, but he got an account from the brokers, on- mead, is to lay small cast iron pipa (say about ten days supply, or tay 500,000 gallons, Carvalho's and Hz Lammert's parts we need for the best of the children, bat asenwing true that the Court did express the opinion that formed you I could not carry the shares to the which this was shown, and it was not for, several Astimated to mean a traet for her life and after fited, but upou careful perusal of the judgment there, but I am not certain Ton told me Mr. being so, he was dobarred by dir own Ischem Sinchce disaster) from a suitable and central which would require it to be 100 feet long, 50 say nothing far what we have said of them that there is such an obligation it cannot be the defendant would not in any event ba bere end of September I think Mr. Gabhay was days afterwards that he took any objection. That ponitis at the Peak and carry it down to an foot wide and it toet deep; the top would be in the other.. mes. No. 5 was Mix C. Sara's her death for her children la such share as she bare no doubt whatever that the reasons for Cabbay had said I would carry them and I re, from recovering the $584. Making the dedas- outfall on the South side of the Island. discovereted war, and would be just the sise for platforte sale, already mentioned, which was may think it to get. That would be to on the refusal were that the Court was satisfied plied that I had not seen Mr. Gabbay Zox for tions stated there would be a verdict for the charging elbar dirent into the sas, or into a tenne court if thought desirable.

anooseded by a dnot from Paotz" Saffo" by large the will in a way for which there is no that the question of rents and maintenanes (the teen days in that I could not have said sasha plaintiff for $2.65, with costę. tauk from which it could be ran direct into the From this service tank the water would be is Ignes d'Almada Castro and Mrs. Guedes, foundation, bat noles the will has that meaning subjects to which the application specially re-thing. You appeared rather disgusted. I don't Did I not my I had been told you would)

IN SUMMARY JURISDICTION, night-soil boats, which would be only too ready distributed by small cast-iron pipes in the

in quile inconsistent with a life estate that she judicial capacity upon evidence which jurided

Barozz MR. AG. WE ACTING POISNE to take it away for maswal purposes and would ordinary way sad the whole scheme is not only and then came kir. Grace's use of the Earth" what truststhere" And I.J.Mellish said, "It ferred) had been settled by the Registrar in his know emmotly what reply von made.

JUDGE probably be found to pay a considerable sum for a inerpensive one bat could easily be completed The programme was brought to a close by the the wife) should be able to dispose of the corpus his conclusions, and that the parties in whose care them, and you could do what you liked I do not understand how a Court of Equity presence the certifloate had been settled had with them, but that I would not take them up put on board free in this manner... in 18 months from the date of commencement of largo finale from "Traviata," by Mrs: Humphreys,

LEUNG CHULAM HOI CHVEN. Miss Edit Carvalho, MC Lawwert B. can exerts a trust when the testator says that inkon no stope to oppose it. Under there air as I had shares to deliver to you in September? This plan would minimise the labour, sad it the work.

he-be such confidence in his wife that be wishes custanese-it-seems to me that the question of No.

Now did I not say you noʻuld carry them over

This was a cinia for $50 for a quantity of bes. seems to me to be abeard to attempt to enforce A mul pipe could also be carried on to E. Withen, G. Lammert. E. W. Maitland, C. her and not the Court of Chancery to say what rents and maintenance (and in the last expression

system which necessitates its being carried all

Mr. Wobber appeared for the plaintif and The way down when the asse object can be apply the houses at Magazine Gap, which are Grace, W. E- Crow, and the charm one of the whare the shall have and what share the children 1 mean to include the claim for personal sab to the end of September or do what you liked

even worse off for water than those at the nest pieces of copparted music we have heard shall bare, and again at the end of his judg-sistence) and all the claims incidentel to these with them on that day? Your memory fails you wold and delivered. affooted by gravitation.

Posk proper

went, the words canot be confined is manage iubjects must be treated as ver judicata This on that point. You cannot remember exotly P for a long time. The oonoort throughout was

The salo and delivery of the ten having been A small chamber could be built at the top end I am confident that if what I have recom

epead it-the might pand it for the beast of there are certain matters, not of novelty in them up or not.

Did you come before the mettling day, or on the proved Mr. Kaw Houg Tako was called by the the put in charge of as overseer who would know wanded to this raport is carried out, the drain great secur, and dr. Cattaneo is to be warmly ment, for the wife had pawor to sell the ceram and dispuses of the chief part of this application, bat-No, I did not know whether you would take Mr. Ho Wyson for the defendant.

the children, but still she would spend it. It is, volved in the previous application, and as to

Nam Pak Hong merebaste of whom plaintif I think, clear that the rafic decidendi was the which if mistakes have been made it is nemeecary settling day, and speak about these shares again? defense to prove that if me the custom of the power of the wife to spend and sell the corpus to-gonsider how far they may still be put right. No, I did not see you.

Cross-examination continued The Bret time was one, when a firm guaranteed the payment Such a power if oxented to its full extent would la Turner Turner, Jend Witt lild THE CHINESE RENDITION CASE be tantamount to an absolgte interest, and this down that after the confirmation of a report a saw you after the settling day was on the Mon for goods, that the vendors should *löde to- made any benefit intended for the children incap restow will not be ordered except on a very day. I remember speaking to you in the hotel the gorantors for payment and not to the I shall be most happy to place the services of my The case in which the Chinese Government sale of definon, therefore measury to strong osse; and abjectlens eching the sub lobby, and I think it was on Monday: not Toes- actual purobasar. constructed, that I am confident no paisance Art it the disposal of the Government, denied for the rendition of, a man on a skarpo see whether there is any similar power given to sisice of it will not be permitted; but mare, my day. You spoke about. Dzade selling at #950 JR Webber contended that ancha castom

Another way to dispose of the refuse would undertaking to have the whole to work of highway rilib-ry was again before a fire the wife in the present-sus. Now, is the posterinkes will be relied. If to the role thas stated did not give the order to Benjamin and Darby would not apply

We understand that this decision will be ap be to have proper pita dug at well-selected places campisted to the satisfaction of the Government binson at the l'olios Court on the 27th Septex-ver the corps soaveyed to the wife by the be added the further cials Lion that the application until the 4th, because before last it was in the His Lordship gave judgment for the plain.

her, whom hie Worship gave his decision. words to be at her disposal in any way ako may must be made at a time when the proposed hands of Toog and Gabbay. I gave them the tiff with costs in which the matter could be deposited, and within the 18 months I have speciada lle Rai, iar ruted by a Ho Wyson, think hest for the bement of herself and family altoration will not vary the position of the par- order on Monday. It was Mr. Gubber who every morning after the night's removal a inyer dear Sir, Yours truly,

L'amoreind for the Okinate Government, and the conveyed equally by the words to be administies (res the judgment of Jessel. Ein The told me it was not certain the Bank shares pealed against as it affects the Chinese method

POLISI WANITA ON WAR 991 · "anti in ali wed. I understood the robably of trailing to considerable extent.----------

it

Bected by carrying on No. drain from the paint at which it turns out at the Umbrella Sentents. 5ll it pranects to the downragement of No. 1 The level of the battoir of the reservoir would

thes Umbrella Seat to the outfall would have rego; vir can be formed at this site. nearly sufford to connect the two drains.

nisane.

injurious to health.

bo-decide.

I have attempted to invest some form of wampbelow Mountain Lodge..

14-

freshment..

we

the coolies, and by dividing the Peak into districts age and water supply to the Peak will bars congratulated on the excellent performanns of and keeping a record of the namber of buckste been satisfactorily settled for very say yours his pupils.----- he would wou be able to jalge very nearly it to wor each coolis was doing his work. The chamber

could, by proper ventilation and good flushing I will conclude by saying that if the amuli

very morning after each night's work, be soter works. I bays recommended is approved.

"would arika.

Domino at once with the monessary plans,

IN ORIGINAL, JURISDICTION.

28th September.

1st October.

&e to Mr.