1912-06-15 — Page 3

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MOTOR CAR TRAFFIC IN HONGKONG,

VALIDITY OF NEW REGULATIONS QUESTIONED.

+/

TEST CASE AT THE MAGISTRACY.

The new regulations made by the Governor-in-Council under the Trafic Ordinance, prohibiting the use of certain roads in the Colony by motor cars, were the subject of a test case at the Magie fracy yesterday,

A noter proprietor named C. Laurit Hon appeared beförn Mr. Irving charged

with having, on June 10th, driven a itor ear along Chine Road, in con- travention of the new regulation.

THE HONGKONG DAILY PRESS, SATURDAY, JUNE 18ra, 1912,

Did you have any dificulty in passing those hurses —No,

You did not mect a single individual until you got round near Green Island, when you met a ricksha -No.

1

After the ricksha, you met one pedes trian on the slope down to Kennedy Town ---Yes.

Did you notice that the road was grass.n grown in places and that in others it was badly in need of repair -- Yes,

Are the gradients on the old Pokfulam on the Road very much heavier than Jubilee Road Yes.

Is there a bridge just below the Dairy Farm which has a nasty double turn to it, and which is very narrow 7-Yes.

And is there a very heavy gradient from the bridge to the junction with Jubilee Road, the heaviest gradient on any road in that locality -Yes.

I take it that, in your opinion, the appeared to, prosecute, and Mr. F. B. L.Pokfulam Road 1-Yes. Bowley represented the defendant.

Detective Sergeant Appleton stated that on June 10th, at 5.59 pan., he saw the defendant driving motor car No. 9 along Caine Road, going in the Westerly direction, just near Ladder Street. He

took the oumber of the war.

Cross-examined by Mr. Bowley, the

You were informed of the closing of the Caine Road route and the Jubilee Read on Saturday morning 7-Yes.

ANOTHER CASE,

Mr. Hind, who appeared for Hong Choi, before the Court on £ similar charge, said he did not want to go through the same cross-examination as

Arc

BANK.-Private advices report a fur- ther decline in Hongkong Banks to £63 108. in London, and the fecal matice is in consequence weaker at selling quota- tion of 8845.

MARINE INSURANCES.-Unions have been the latter closing firm with buyers at

$225,

FIRE INSURANCES.-China Fires have been booked at $122, and Hongkongs at the improved rate of 8353 after sales at

50.

Shireiss-Hongkong, Canton and Macaos are a steady market at $271 with sales, and no sellers at the close

with the Government as regards the I think you had certain correspondence motor-car traffic al night 1-Yeni

Before Friday afternoon, had you the witness said he was on the detective staff slightest intimation that the Caine Road of 1899, section 7, which enacts that the in the other case. The cross-examination under $271. Indo-Chinas have improved | but it lay with the whole of the police and the Jubilee Rond were to be closed ? | Governor-in-Council may, from time to would take sotao time, so lie suggested, to 807 buyers, and Star Ferrys to 830

---No.

Mr. Kemp-You have heard of cases of horses being startled by motor-cars on

they were not startled.

if he was to conduct a crow-examination, that the case should he adjourned.

Mr. Kemp have no objection to being given in this case.

to ser that the Ordinances of the Colony were carried out. On June 9th he was tald by the Superintendent to warn the defendant and others that the new re. Jubilee Road -No. I have read that other bye-laws Those bye-laws include taking the evidence in the other ease as Shell Transports have recovered from

gulations had come into force,

Mr. Bowley-At the time you saw this car, was it being driven furiously or to the danger of the public?

The witness No. Were the occnpants of the car behaving in disorderly of noisy fashion ?—No.

Was the car creating a public nuisance of any sort -It was committing a breach of the regulations.

Was it creating a public nuisance AT the

it? moment when you Baw -Well, there were three Cars pro- coding practically behind one another. It might have been a nuisance if any children had been in the road. There are sharp points in the road near there.

Was there any more risk in driving the car in the manner you saw it driven than there would have been if anyone bad driven a dog-cart along there Well, motor car drives faster than A dog-cart.

not.

THE JUBILEE ROAD.

and 828 buyers for old and new respec- tively. China and Manilas are obtain- able at $10, and Douglases at $27.

influences of a week ago, the "bear and are now in demand for London account at 107/0

TEFINERIES.-China Sugars have been sold at $107 at which the market closes with probable buyers. Luzons have im- proved to a buying rate of $3 after small sales at 831 and 832.

MINING-Tronohs are enquired for locally at 75/-. Chinese Engineeringa can probably be obtained at 36/- and Raubs at $1. Heawoods are on offer from London at 4/9.

DOCKS, WBARVES AND GODOWN.-Hong- kong and Whampoa Docks are easier Kowloon Wharvca with sellers at $47.

INTIMATIONS

DON'T LOSE

YOUR HAIR

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SOAP SHAMPOOS

And occasional light dressings of Cuticura Ointment will prevent it when all else fails. Let us send : you a liberal sample of Cuticura Soap and Ointment, free, if you have doubts about it.

Samples with 87 p. book free from nearest depre: Neunery, døpt, 6X, 77 Chustechonsa Sq., Lasston: R. Towra & Co., Hɛdney, N. B. W.1 Lennon, Kti.. Unpo Town: Mellos. Sisetran à Co..Calentia and Enginys Potter 1. & C. Dorp, sole props.. Benton, U. He di

87-D

HONGKONG SHARE MARKET, of the Jubilee Road. It is a very remark-goneral. Those roads have not been det able fact that no accident has arisen fromdicated as motor highways. The con

Messrs. Vernon and Smyth in their the use of motor cars either on Caine ditions of the roads and traffic in Hong-

My client, kang ninde the Executive Council think weekly share report ad June 14th Runal or the Jubilee Rond. who is not only an expert driver, but that these roads should not be dedicated state-

The local market has ruled much an expert, engineer, says these two roads as motor highways, and they have not

Ly been so dedicated. Motor cars are quite quieter during the past week, but rates, are perfectly safe for motor cars.. common law any person is entitled to use new to Hongkong, and there have been with few exceptions, have been well

London"Rubbera " public highway by proceeding along it restrictions on the roads which motor maintained.

cars have used, and 1 fail to see that generally firmer, as is also Fine Hard in a carriage.

Mr. Bowley then proceeded to review there is any defensible right on the Para at 4/9 per lh, the closing rate, shortly the history of motor car regula- part of motor cars to use them. My an advance of 2d. per lb. on the period tien is England. The Act of 1003, he friend objected on the question of reason under review. Discount rates close at said, did not prohibit the use of motor bleness. I submit that this regulation 3 per cent. (Bank of England) and 27-8

not unreasonable,

Bar Silver We have bal per cent. open market rate. Has it bad corners--Yes, just as basiction 3 of that Act laid down that no evidence from the defendant himself that is firm at 285-16d. ready, 297-16d. for-

but simply regulated their use. as the Jubilee Road.

there are a number of turns in the Jubilee ward, and Sterling T.T. at 2/01, Shang- person should drive a motor car al a greater speel than 20 miles per hour Rond. It is a matter of general know hai T.T. is quoted at 72f.

Executive Council hal along a public highway, and, under cor-ledge. The tain circumstances, at not more than ten material before them which your Worship miler. There is a general speed limit of bas, not got, possibly complaints and 20 miles per hour, and local authorities possibly reports, to decide whether the are authorised to request the focal Govern-regulation was reasonable, and it has ment Board to make regalations restrict been laid down that a regulation of this Mr. J. H. Kemp (Crown Solicitor)Jubilee Road is much safer than the old the speed to ten miles in certain kind, made by a public body for the booked at 8805, and Cantons at 8223,

places. That is a reasonable regulation, public, and not by a private company, and one that is enforced in some of the shall be interpreted benevolently. crowded thoroughfares of some of the His Worship-I will give my verdict on old towns of England, such as Kingston- Monday morning, at 11.30. on-Thames. It is safer to drive à car that market at ten miles an hour. The anywhere in Hongkong than through regulations ander which this prosecution is brought are made under Ordinance a

time, make bye-laws for the regulation of vehicles and street traffic, and make, alter or repeat such byê-laws, or aubstitute the regulation of any and very class of vehicle The Governor-in-Council has the Mr. Kemp, however, after a consula Did you not read that an accident was

powerto reguinte for all these vehicles, but tion with Mr. Hind, pointed out that narrowly avoided ---No.

the power must be reasonably used. If the if one of the two parties happened to be Apart from the newspapers, have you power which the Governor-in-Council | aggrieved, they might wish tu appeal, and not heard of cases of horses shying at

claims to exercise is used then by that there would be no evidence. Accordingly notor-cars on that road?-No; T have reading of the Ordinance the Governor he could not agree to the arrangement.

in Commeil can prohibit the use of any Mr. Hind-That is so; I would like Mr. Bowley submit to your Wor-wheeled vehicle in the Corony. To re- your Worship to fix as early a date as ship that no offence has been committed. gulate is not to prohibit. Traffic can be possible. The submission is based on two grounds, ordered to keep on one side of a road or one of which may be called a temporary to travel at a certain speed, etc., but there are a number of ways in which vehicular defever, and the other a permanent de

The temporary defence is based trathe can be regulated, and is regulated, fence.

Following is the Report made by the on the general legal principle which is in every civilised town. In this Colony expressed in the maxim that the King the police and the Government prefer Director of Public Works on this rond cannot derogate from his grant, or, in to take a short cut, and instead of at in 1903, quoted by Mr. Dowloy in the other words, to meet modern require tempting to regulate the motor car traffic, rents, the Government cannot derogate they ind it easier to prohibit it entirely, use at the Magistracy yesterday-- from its grants. The executive Govers The Ordinance itself is an Ordinance for The road and pathway, having been ment of this Colony, acting in pursuance the regulation of vehicular traffic, and fully completed, were taken over by the

LANDS, HOTELS AND BUILDINGS.-Hong- of certain powers given to it, has granted it regalates vehicles. Section refers overnment in November, and will in. fisences to my clients and others to let to the passing of vehicles in the street, future be maintained out of the revenues kong Lands are firmer with sales at $106 out for hire and drive motor cars, forte. This provision was the kind of reof the Colony. That period has not gulation intended by the Ordinance.

The road commences at Kennedy Town and the probability of a few more shares certain period. yet expired and those licences were given

Mr. Irving What about the closing of and traverses the southern slopes of obtainable at the rate. Kowloon Lands are wanted at 834, and West Points at Mount Davie and the adjoining hille to

85-4. Humphreys Estates have again Valles! each ifcence. My clients and other motor

Mr. Bowloy--That Orlinance is an of the island which has hitherto bren Hongkong Hotels are somewhat firmer owners have gone to very great expense,

with buyers at $112 (old) and 872. (now). and have invested a lot of capital, in priz

Corros Mus-Hongkongs continue viding the public of Hongkong with Ordinace which authorises the making practically inaccessible. facilities for driving, which did not pre-of regulations, for the closing of certain long has a width of to fret an

Leaving Kennedy Town, it rises for

on offer at 95, and the offer of a slightly of the races, or a big Chinese procession, viously exist. The licences have certain streets on special vecasions, as on the day designed as a earrings road.

It als gives the police power to block about a mile with gradients of I in 20 lower rate would probably lead to busi ness. Ewos have declined in the North conditions endorsed on them, but I at

curtain streets at certain times on those and in 30 until it attains a height of

to Tls. 86 sellers. t bound to aduit the validity of any

MISCELLANEOUs.-Chinu Borneos at $9, that the Government, by the executive centile Council to prohibit the whole of the conditions upon which the Military and China Providents at as are procur motor car out for hire for one year action of an oligarchy, consisting of a the traffic in any street of the town. Any Authorities withdrew their opposition to able in small lots. Cements have been to June 30th next, and the other to drive handful of acting officials, cannot deprive regulation which purports to do that is, its construction being that it should be done at 841 at which rate there are now Always have on hand a very large complete-

Passing the car during the same period.

sellers. Union Water Boats havé im- Reexamined by Mr. Kemp, the wit- the astor-car owners of the rights given sulmit, witru vires. If my argument kept 150 feet above the sea.

to them by those licences. I submit that

was carried to its logical conclusion, to through a small gap adjoining a site | ness said regulations were issued in

motor car would be entitled to use any acquired by the Military Authorities for proved to buyere, and Ropes to $19). buyers. Watsons at 847 can be placed, April, 1911, prohibiting motor cars from the regulations which forbid the motor owners from driving along certain car-

gun practice, it falls at 1 in 30 until it using certain streets Other motor cars,

Mr. Kerop-My first reply is that your reaches the 150 feet contour, when it is and Watkins' at the improved rate of riage roads of this Colony are null and of the highways of the Colony. void. Your Worship may remember that

LONDON QUOTATIONS--The following SURVEYING INSTRUMENTS a short time ago the Executive Council Worship has not the power to decide on carried level ronnd Sandy Bay to below. attempted to prohibit the employment of the validity of a regulation made by the Biance Villa. Another ascent at 1 in 30 Mr. Bowley-Hence these tears!

The Council has is then made to a gap about 250 foot quotations (middle price) were received Evidence was given by the defendant. Mr. Bowley-Does not the condition of barmaids in public houses during the legislative Council. your licence give you the right to drive currency of the publicans' licences. A sum-certain legislative power given by the above sea level near Sassoon's Villa, at from London by wire to-day-

mens was taken out and a publican pro- Crown, and has delegated certain powers which paint there is a cross road connect Ledburys

United Serdungs secuted for employing a barmaid. Your to the Governor-in-Council. In this enseing it with the old road from West Linggis Worship, or your predecessor, dismissed it might be asked whether the exercise of Point to Aberdeen, which is at

From the Saponge Those prohibited areas did not include that summons, on the ground that the this power comes within the terms of the siderably greater altitude.

Executive had no power to alter the con-power. The late Chief Justice says:

to the 150 feet contour and then runs the roads along which you drove on Monditions of Hence during the currency is not for the Magistrate to say whether Bap it again falls at the same gradient London Asiaties

AT Ordinance of the Council is ultra level through the property of of a licence. I would point out that in

Missions Etrangères. Crossing the Tronos You drove along the Caine Road and

that case the regulation prohibiting the rires" This is a question as to whether BO along the Pokfulam Road until you employment of barmaids was made under the legislative Council has exceeded its came to the junction of the Pokfulam and a statutory authority similar to the au- delegated powers. I submit that it is Pokfulam Stream on a bridge of 4 Hongkong Electric Trama Jubilee Roads 1-Yes.

thority under which these regulations not for you to say whether the Governor-arebes, a little further on, it joins the Shell Transports

That ground is Did you then turn into the Jubilee have been made.

ain-Council has exceeded his delegated old road to Aberdeen, of which a lougth Chinese Engineering ........... Road and drive along the whole length of strictly limited ground, limited to the power of legislation. Things in England of 800 fret has been utilized after improv Indo-Chinas........

SHIPPING NOTES." the rond-Yes.

motor-car proprietors. However, it is a are entirely different. There bye-laws are ing the gradients. Diverging again at Mr. Irving-Is that the Pokfulam Road ground that is also of general public in mads hy local bodies or by public com No. 10 Bridge, which has been widened

The startling fact is recorded by the which runs along past the Christian competerest, as it involves the right of the panies, or by a central body for the local considerably, it falls at 1 in 20 and to the Aberdeen Docks by joining the public to use the highways of the Colony. hody. In that case there is a distinct finally terminates in close proximity tory? Yea

The Jubilo: Road runs along the lower Every member of the public has a right, provision that they must not he re level Yes.

at common law, to nes the highways, by pugnant to the general law. They are old road near sea level, the reason for medical officer for the Port of London His Worship-It goes along the seashore day or night, for business or pleasure, bye-laws made by or for local authorities.constructing this portion being the that last year not a single vessel flying until it joins the tramtine?

and has the right to pass and repass along The present case is an entirely different excessively steep gradients of the latter the American flag arrived in the Thames one. The Legislative Council has the below the bridge mentioned. The road Alr, Bowley-Well, you could hardly the highways at any time and for any say that; it is the road nearest the sea.

purpose. If a highway is obstructed, an when power of legislation for the whole is surfaces throughout with decomposed from foreign ports. To the witness-This is the road which indictment can lie against the person ob- of the Colony, and you can no more decide granite.

There are 10 bridges, all of which are you and your drivers have been using structing the highway, and if anybody whether the regulations passed by the ever since you started business? -Yes.

are procurable at $81, and Shangbai Decks at Tls. 54. Now Amoy Docks have be placed. been booked at: 863 and more shares can

Witness replying to further ques- for value. A fee of $10 was charged for certain streets to rickshas in Happy Aberdeen, opening out en ronte a portion { been booked at 87 and are wanted.

How fast was the car travelling? About seven miles an hour. tions, said that during the twelve years he had been in the Colony he had never heard of an accident with a motor car occurring in Cuine Road. He had heard of accidents taking place in the Colony, but could not say exactly in what places. The licences produced were issued by the Captain Superintendent of Police.

it is miles

One permitted 'the defendant to let the of those conditions. I do say, however, days, but it does not enable the Ex-about 180 feet above sea level; one of

in other places, had made themselves public nuisances.

an these roads for a year?--Yes.

On the licence were certain prohibited roads --Yes.

day afternoon No.

the University, other than the Caine

"It

con-

F. & 1. Trusts

the Rubber Trusts

53/0

31/6

102/0

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10/9

Chs. J. Gaupp

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ALEXANDRA BUILDINGS,

CHATER ROAD,

stook of

SCIENTIFIC

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also

INSTRUMENTS

AND MATERIAL

18/0

DRAWING

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74/6

4/-

110,-

35/- 140/-

The British India Steam Navigation

liable to repair the highway fails to do. Cournor in Council ure invalid than you hailt of granite masonry, with brick Co. (Apear Line) aro including the str. Is there any road suitable for motor-carso, a prosecution can be instituted and he can decide whether the legislation passed archies faced with granite, the spans Porille in their Calcuttu-Japan service. traffic between the Murray Barracks and can be compelled to do his duty. Va by the Legislative Council exceeds the varying from 10 to 17 feet. All bridges This fine steamer-only built last year- highway can be closed except under ex-posers given it by the Crown. All and retaining walls are provided with press statutory authority. Your Worship Kulations are restrictions of the free use parapet walls of granite masonry, whilst has excellent accommodation for sixty enkins) and thirty-two second-class is familiar with the topography, and, of the highways. I fail to see why other parts of the road are protected by first-class (including a number of deck to R. certain extent, with the history restriction as to place is more sacred than iron railings where necessary.

The pathway before referred to com-j you must know & restriction as to time. The Ordinance the Colony, and

metiers near the bridge across the main

of

passengers.

She is equipped with elec

Road 1-No.

Is there any road other than Caine Road to the University which does not go through Chinatown? No.

Have you ever met with au accident perfectly well that the Caine Road expressly gives power to the Governor while driving along Caine Road? -No. route has been a carriage highway since in-Council to revoke regulations or to

Have you ever heard of un necident it was built. It was one used by a num-substitute others. It is suggested that stream on the road from the Peak to frie light and fans, and a surgeon and caused by a motor-car on Caine Roadber of gentlemen who lived out in the a regulation can only be revoked at the Aberdeen and joins the Jubilee Road' stewardesses are carried,

No

Have you ever met with an accident western district for driving to and from conclusion of a licence. That is not so

while driving along the Jubilee Road

No.

Have you ever heard of any such acci- dent on the Jubilee Road No.

A Japanese steamer called the Yawuta tioned.

The work was carried out for the Com- Marn has been wrecked off the Amur near the No. 10 Bridge already men- their offices every day, in log carts and It the commonest thing here for vehicles other carriages. Since the introduction to be restricted from running on certain of motor-cars into the Colony, that road streets. The regulations made in April, mittee by Messrs. Denison, Ram & Gibbs, coast. Eleven members of the crew and tractor. The total expenditure, includ Japanese steamer Tauraga ure on the has been used by them, so much so that 1911, restricted the running of motor cars engineers, Mr. L. A Ping being the con-eight passengers were drowned The a motor garage has been built on the in certain areas.

Under these regulations, that Ir. Bowley-Those streets are eithering all charges, was 8116,272.27, the 20th ult. capsized in a port of Japanese amount expended under the contract Saghalien. Of 85 persons on board 21 Mr. Bowley then read the reference to road.

were drowned and the remainder were Jubilee Road contained in a Report of the gentleman cannot bring his car out of the too narrow or too steep.

Mr. Kemp-They are not tou narrow being $108,146. These figures include the

of $524.25, which was paid by rescued by the Japanese warship Famato Director of Public Works, in 1903 (which garage, nor can he take it in. Under the

and other vessels. Government, is reproduced in another column).

common law the public has the right or too steep. The temporary defence is su To the witness--From your practical ex-to use the Caine Road route for wheeled that the law cannot be altered during road suitable for motor traffic. Your Worship knows that there the currency of a licence. It is said that

THE ANGLO JAPANESE BANK. perience, is it Cars 7--Yus

are at least three kinds of highway. valne was given for the licences. That is misleading, as in this case all that was Is it a reasonable road for motor-car There is a pathway for pedestrians, a

The accounts of this Bank for the year driving, with a careful driver?-Yes.

Is every mator-car driver in the Colony bridle road for horses, and a carriage done was to charge a small fee for the

highway, It has been proved. in exilience, which was in no sense & value ended March 31st, show a net profit, after For the Lusiness which is carried on by making provision for doubtful debts, of required to pass an, examination by the dence that the Caine Road route is

∙MERNS of the vehicles. It constantly £11,340, making with the balance brought police as to his competency 1---Yes.

carriage highway and always has been a Can the Captain Superintendent of carriage highway. Jubilee Road was enn happens that the law is altered during forward £24,348. In view of the fact that Police revoke the licences at any time-structed at the public expense and by the currency of the licence, and no objec- the bank's investments show a deprecia What is the extreme width of your big public subscription, as a memorial of the tions have ever been inade, except on the tion on the cost price, the directors have Diamond Jubilee of the late Queen Vic Larinaid question. In that case, the transferred £15,000 to reserve, leaving post car!-Six feet, outside measurement. teria. It was constructed by a private conditions of the licence were altered, fo,343, which it is proposed to carry The road is sixteen feet wide and two firm and handed over to the Government; and that is quite different from the altern-forward. The directora state that there cars can pass comfortably —Yes.

I have read the report of the Director of tion of the general law. The roads on has been a substantial recovery in the Public Works, who said the road was which motor cars may run are not con-market price of the investments since the date of the balance sheet, and any de specially designed for a carriage road.ditions of the licence. That road was formally dedicated to the Mr. Rowley They were endorsed on the preciation is now covered by the amount standing to credit of the reserve account public by Sir Henry Blake, then Gorback of the licence..

Mr. Kemp-Yes, but no guarantee was erner of the Colony, in 1902. Therefore,

The P. M. s.s. Koren is carrying from that road is a public highway for the given that the Government must bind of carriages. Your Worship has themsefers to any condition. Proceeding, more suitable for wheeled traffic, on ne that there is an indefensible right to bales of hemp, 300 bamboo hats, seven

the bridges, than

unt of its better gradients, corners and use those roads as motor car highways, cases of Baliwag hats, 358 meters of jusi Road, the ground that they are carriage and pina cloth, 6 bales of kapok for life which the Government has dedicated for high-rays A rond becomes a highway buoys and sundries, amounting to the use of motor cars, to the exclusionty dedication, which may be limited or

Yes

motors 7--No.

Is the Caine Road route dangerous to Which road would you prefer to drive along, Caine Road or Des Voeux Rond Caine Road.

His Worship-It is safer -Yes

Mr. Bowley-In the coarse of your

By a sad coincidence, the largest liner that over sailed the seas has been wrecked in the year which marks the centenary steam navigation. It was in August, 1612, that the art, the first European Eight years steamboat, commenced to ply between. Glasgow and Greenock. later the little vessel was wrecked at the entrance to the Clyde-fortunately, with out loss of life. A Glasgow shipbuilder presented the Comer's engines to the South Kensington Museum in 1862. The second Comet, launched shortly after wards, had a still shorter life. Dr. Campbell Fraser, Emeritus Professor of Moral Philosophy at Edinburgh Univer- sity, tells that he travelled to Inverness in this steamer during the summer of The vessel was wrecked in the. 1824.

Many of tho and Inverness, and Professor Fraser victims hailed frous the counties of Argyll alleged that "faith in steam as a motive Highland mind." force was for a time suspended in the

driving, have you ever driven over any heard in evidence that the Jubilee Road Mr. Kemp said:-The other defence is / Manila 3,500,000 high grade cigars, 3,500 following year, and more than sixty

animals 1-No

Not even over a blind kitten ?--No.

While driving along the Jubilee Road

on the day in question, did you meet any one?-I mot a gentleman riding a horse and two grooms who accompanied him.

Pokfulam

P240,000.

passengers

were lost.

(T Squares, Sat Squares, Straight Edges, Boales, Inks. &o, &c.)

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