1912-09-11 — Page 2

Page

SANITARY BOARD,

THE HONGKONG DAILY PRESS, WEDNESDAY, SEPTEMBER Lira, 1912.

SUPREME COURT.

Tuesday, September 10tli.

IN ORIGINAL JURISDICTION.

BUYORE THE Chier Justice (Hox, MR. REES DAVIES, K.C.)

CLAIM FOR RETURN OF MORTGAGE AND DAMAGES.

A meeting of the Sanitary Board was hold yesterday afternoon, Mr. E. D, C. Wolfe, President, presided, and thore Wure also present:-- Hon.. Mr. W. Chatham (Vice-President), Colonel Irwin, Dr. Fitzwilliams, Messrs. F. B. L. Bowley, W. D. Onrter, Ng Hon Taz, Chan Kai Ming, Dr. F. Clark (Medical) Hung Kwai Ching brought action Officer of Health), Dr. T. Pearce (Assist against Lo Sat Po for the return of a ant Medical Officer) and Mr. W. Bowen-mortgage deed dated 20th January, 1903, Rowlands (Bocretary),

expressed to be made between the plain tiff of the one part and Lau Chin Ting A letter from Government was road of the other, and registered in the Land stating that the report on the depart-Office by Memorial No. 39,175; and dar mental scavenging scheme for the City of ages for wrongful detention of the same Victoria had been approved.

Mr. C: 0, Alabaster, instructed by Mr. J. Scott Harston (of Messrs. Ewens & Mr. Eldon Potter, instructed by Mr. E. Harston), appeared for the plaintiff, itd. Davidson

CITY SCAVENGING.

AMENDMENT OF EYE-LAWS.

|

Mr. Russ No; but if it is a new con- j tract it will be on the same terms as the

His Lordship-What are the terms of the new contract?

A

His Lordship--The lady is the Chung Hing firm?

Mr. Harris said that this was so. Told action, No. 1,022, was started on July qual and was a claim for goods, sold and delivered. On the same day the plaintiff fulls his original contract there. Pro- Mr. Russ-That he goes to Tientsin and applied to his Lordship under section 379cending, Mr. Buss said bis friend had of the Code and put in a declaration in raised the common form, which stated that the claimed damages for malicious prosecu

counterclaim in which he declarant had made repeated applications tion. That raised some very interesting to the master of the defendant firm for points, and the first point was whether payment, but the firm had neglected to it was prosecution at all-whether a conx- pay. He proposed to prove that the plaint in the Police Court under the defendant firm was owned by nanzed Choy Wu Shi, who was a British

a lady Employers' and Workmen's Ordinance subject, had resided in the Colony all her would satisfy his Lordship that it was.

was not a civil action. He thought he life, and in fact, was married to naturalised British subject

Σ When evidence was part heard his was managed until March last by a man

The firm Lordship suggested that named Chan Pui San, and he presumed then conferred with their clients, and should be compromised. The solicitore that this man was identical with the one his Lordship was informed later that both parties agreed to the withdrawal of

who made the declaration in question,

Chaa Pui thi

He stated in his declara- their claims.

the

matter

The following letter was read from Government:--"Referring to your letter

(of Messrs. Hastings of 2ad August, I ann directed to inform tastings), represented the defendant, you that at the meeting of Legislative According to the statement of claim, attion that all the goods of the firm were Conners hold fast Thursday the bye-laws all material times the plaintiff (who is packed up, with a view to removing them enclosed (relative to removal of ceilings, a single woman residing at 5, Caine stair-linings, etc.) were referred back to Road) was the owner of a piece of ground

to Canton. It would be proved that nobody TH REPUBLIC OF CHINA the Sanitary. Board with the recommenda-registered in the Land Office as I.L. No. of the name of Chan Pui Chi had brou tion that the amendraente down on the 388. On January 20th, 1006, plaintiff employed in the firm, and that there had attached printed copy should be made.' mortgaged her property to one Lau Chin never been a suggestion of removing goods Several members wrote minutes approv-Ting for 822,000, and the said mortgage to Canton. The reason why the debt had ing generally of the amendments.

was duly registered against the property tot been paid was because it was ons in the Land Office. On October 3rd. incurred during the time of Chan Pai 1007, Lau Chin Ting died, having ap. San's management. The plaintiff was pointed the defendant and two ethers his god-daughter of Chan Pui San, and the plaintiff agreed to sell the property for his request and he was put in as manager. executors. On December 18th, 1911, husiness was originally started by her at $9,500 free of encumbrances to one HuThres actions had been brought against the 23d of the same month, time being and delivered while Chan Pui San was Kwai Min, the sale to be completed on the plaintiff, and all were for goods sold made of the essence of the contract, and

this debt she instructed her solicitors to in charge. As soon as plaintiff heard of

paid in without prejudier to this action. pay the full amount, and the amount was After hearing the evidence his Lordship

$100 and costs.

Flip Board went into committee to con- sider the amendments, which were ulti- mately adopted on the motion of the PRESIDENT, seconded by Mr. NG HON T.

PROPOSED VEINAL AT HAPPY VALLEY- A minute by the President relative to plane of the proposed urinal at Happy Valley was read.

Mr. Bowley minuted-This raost un Lightly building should be in the lost conspicuous position surrounded by baboos or trees unless the Public Works Department can produce something less offensive.

Mr. Carrca--The design of the urinal is quite sadisfactory, and I consider that site "A" is the most suitable of the three suggested.

The PRESIDENT remarked that they could hardly expect that when they wore erecting these port of buildings, they

of

We

DR. SUN YAT-SEN'S RAILWAY SCHEMES.

TO MAKE CHIKA "THE MOST, POWERFUL NATION ON BARTH.**

3

INTIMATIONS

The members of the "National Railway | JOHNSTONE'S

Union" of China held a recoption ia honour of Dr. Sun Yat-son, some days ago, in the Botanical Gardens Peking -

at

Fresident of the Union, introduced Dr. At the reception, Mr. Liang Shih-yi, Sun Yat-sen with the following words:-

presence of a man whose extraordinary We are highly honoured to-day by the

name. As the object of our Union and services have 'wen for him an enduring the interests in Dr. Sun's mind now exactly coincide, this reception for him is specially fitting and appropriate. We have made a must careful study of Dr. Suns three proposed trunk lines to hereby express our appreciation for his traverse through the country, and wo farsightedness and thoughtiala. The Grst trunk line (South) proposed by. Dr. Sun, starta From Hainan, passes through Kwangtung, Kwangsi, Kweichow, Yunnan, Szechuan, Tibet, and circles to the south of Tien-shan, The second trunk line (middle) begins at the mouth of the Yangtze River, traverses Kinogen, Anhui, Honan, Shensi, Kansu, the northern part of Hsinkiang Dominion, and terminates in Ili. The (Now huang-tao, circles round Liao-tung, eaters third trunk line (North) starts at Chin-

M.P.

"The effect of bad Whisky

·Alear offerte .P.

OBTAINABLE EVERYWHERE.

H. RUTTONJEE & SON,

Discussing the British Note to China. regarding Tibet the Peking Daily News considers that Great Britain's Note to the Chinese China to send troops to Tibet, must Mongolia,

Government, forbidding into Mongolia, passes through outer ultimately mean occupation

and renches its end at country by Great Britain or Russia

Urianghai. that

"However, taking the world-interest into

hour, that England will abstain from &stantinople, and the second (North) corr do not speak idly." it says, "when we following two trunk lines The tirat line consideration, the Union proposes the. express our opinion, even in the eleventh (middle) joins Kiang-pai and policy which is conceived in and resta necta Peking through Mongolia, end the WINE & SPIRIT MERCHANTS.

Con-

upon fraud and unrighteousness and is Siberian Trunk Line at Tomsk. These which may increase the difficulties of the arouse the interests of the German and charged with ultimate

two lines will make the shortcat route consequences

from Asia to Europe, and they may maintenance of her ampire in India." the French capitalists in the Far East, which interests will serve as a powerful impetus to au enormous expansion of the world's industries and commerce. Not

23,000 bargain money paid to plaintiff's solicitors. On or about December 18th plaintiff arranged with the executors of Lau Chin Ting to pay off the mortgage out of the purchase money to be received on completion of the sale. On December entered judginent for the plaintiff for idea is that foreigners should be allowed only that, the balance of power will be

gard the purchasers paid the balance of the purchase money, $25,000 to plaintiff's solicitors, and they, who were also the solicitors for the excenters, retained the amount

due the said mortgage for principal, interest and costs, and paid the balance to the plaintiff. The mortgage debt boing thereby satisfed,

رود

TAILORS AT LAW. Noor Din sued Imam Din to recover 9250, damages for breach of contract en- tered into by the defendant, and the defendant counterclaimed $250 for mali clous prosecution.

Several schemes are now afoot to estab ish small-arnus factories in the vicinity of Peking and Proting-fu. The general

West,

to ostablish factories and that the Chi abiftad, and diplomatic relations read- nese Government should guarantee to mercial routes in the East as the open- justed. These lines will shorten the coin- take a certain quantity of their outpating of the Panama Canal will do in the -yearly,

By them, Mongolia and the It is reported from Tokyo that Presi Frontier territories in that direction will dent Japanese Government to loan China education for the people will be made Yann Shih-k'ai has asked the be brought into closer touch whereby Colonel Inouye, formerly Instructor to: Mr. C. A. Sutherton Russ (of Messrs.tary advisor, together

the Peking Military School, as a mili- possible. In short, these lines are planned

with Colonel

to facilitate industry, commerce, spread

ing, and by them the Young Republic of China in the 20th Century is surely We shall be very glad to hear Dr. Sun destined to become a great world-Power.

Yat-sen. }}

could build in the Ronnaissance style. alaintiff duly executed the assignment of Goldring, Barlow & Morrell) appeared | Sakanishi and two other Japanese offi- of education, and creation of better feel-

The PRESIDENT-I am not quite certain upon that point.

the property, and covenanted that she for the plaintiff, and Mr. M. Beadler had good right and full power to assign | Harvis represented the defendant." the premises, free from encumbrances.

Mr. Russ said the plaintiff was

A

cers,

PATROL FOR CHANG..

In due course the reassignment of the military tailor who got employees from trouble being caused by the adherents of

ན

Mr. Russ-Ha has not been arrested.

MILITARY AND POLICE. A

CONFIDENCE AT WU-CHANG.

Dr. Son said:-Most people to-day

133

Chs. J. Gaupp

& Co.,

ALEXANDRA BUILDINGS,

Chater Road.

stook of

SCIENTIFIC AND

SURVEYING INSTRUMENTS

Transits, Levels, Plane Tables, Prismatic and Sight Computers, Hand Levelz, do, kaj

INSTRUMENTS

AND MATERIAL

(Laughter.) It seemed to follow the style of others, and be could not see that it was unsightly. As regarded the site, he deferred that until the plans were forth-

The city of Ichang is being specially souing. The question was, did the mem-

patrolled in order to guard against any abortgage was prepared, forwarded to the India on a year's agreement, and paid the 1st inst. for Peking intending to re bars consider sites A., B. or C. to be most defendant's solicitors for approval ap

Chang Cheng Wu, General Yu left on

are satisfied with the Republic which we Alwaye have on hand a very large complate suitable. They were originally shown to proyed, engrossed on the original mort-

their passages here. At the end of the turn in three weeks time General Tung, have inaugurated, but wo should not have bing and the objection to site "A" was

gige deed, for aprded to the defendant's year the employens had the option of who was presented with thirty thousand the feeling of contentinent until China that there was no place where the place solicitors for execution by the defendant staying of or going back. 1. In the stacks to refer the cust, of visit to me has he acknowledged, the most powerful could be drained. It was fairly close to and executed by defendant.

The secret of the jetor, worn to Paking, and, as a result, nation on earth Plaintiff sant case, the defendant was engaged on gave up his intended journey and successes in European and American the military club and would obstruct, the had demanded the said deed from de- July 12th, 1911, and worked for the plain- turned to Chinelow.

nations lies in the execution of their view of the start at the races.

fendant, but the later wrongfully re-iff as a tailer here for some time, after

railway plans. The thicker the railway Mr. CAR--If "A" cannot be drain-tained the same whereby the plaintiff was | which he was sent to Tientsin.

A quarrel broke out on the evening of lines are the stronger and more wealthy ed, that settles it.

prevented from carrying out her agree His Lordship--What has he been arrest-the police in Tientsin City: Some shoot. For instance,

the 1st inst. between the military and the courtry is. The reverse is also true, the distance between ment, from delivering the mortgage deeded for! endorsed with the reassignment duly axe-

ing occurred, with the result that one per Hsiang-shan district city to our village son was killed and eleven wounded. The is only about twenty miles. The monas The VICA PRESIDENT pointed out that

cuted by the purchasers, and from free- Mr. Harris-I may as well mention foreign troops were mobilized, but this of transportation being so poor, the the urinal would have to be drained into ing the properly from the encumbrance that I have given my friend notice of trouble spon quictened down.

freight for every ton of products is of the mortgage. Plaintiff therefore special defence because he instituted pro-

$7, whereas the freight for the same! a swamp..

The PRESIDENT-I think the Publicaid (1), the said murrage deed; ceedings under the Employers' and Ber-overnment in ct its highest point in America to Chinn covering thousands of

The conédence of the populace in the amount of products to be shipped from DRAWING Works Department would like site (2), $1,000 for the wrongful detention rants' Ordinance before the Magistrate, the revolution hicks out

This enormous During the miles, is only 82.50. thereof. The PRESIDENT proposed that "C" bu,

Mr. Harris quoted section 24, and stated past month cash-shops which have been difference in freight will make a corre Defendant, in his statement of defence, that the proceedings before the Magis-closed since last October have re-opened, cargoes and subsequently in trade and sponding difference in the price of recommended for the construction of a arinal and that the plan marked No. 2fied as alleged, or at all.

denied that the mortgage debt was satis-trate were struck out through the non-toul in their praises of General Li Yuan commerce.

as also have the schools. The people are

I have seen the farmers in ( Squaren, Set Squares, Straight Edger, The reassign. be approved, provided that the necessary

appearance of the complainant, and his Hung, It is reported that General Kwangsi burning their stock of corn,

Scales, Loka, &o, &c.) sluğu are taken to conceal it.

ment of the mortgage was approved sub-clain) was for damages in respect thereof, Yuan Hung wished to arrest Chang simply because they had no means of ject to the condition that the defondant Mr. No Hon Tez seconded, and thewould not execute the reassignment until

Mr. Russ, in answer, said the plaintiff's Cheng Wu in July, int refrained from transporting same to the market. One of doing so because he feared that Chang my statements, that we should build notion was carried.

any money in the hands of the plaintiff's cause of action arose the date the Cheng Wu would carry out his threat 200,000 miles of railways in China within AGENT POL-

writ was issued. solicitors representing the mortgage doblation under the writ was not the cause

The second cause of to make trouble with the foreign con- ten years, seems to have evoked some ur

cessions in Haukow.

prise and discussion. To me the scheme and interest thereon should be paid into

of action before the Magistrate, because

is most simple and practical. Supposing that ten min can, in one year, build one under the Magistrates' Ordinance a

basis, 200,000 men should be able to build 20,000 miles in a year, and 2,000,000 men, 200,000 miles. Cannot we find among our 400,000,000 people 2,000,000 men to build Commumenting on Dr. Sun Yat Sen's ad our railways? It may not be easy to vocating the removal of the capital from organize and company to undertake this His Lordship-You did not arrest the Peking the S Fan Pon says that the tremendous programme, but we can form The foreign guns to which objection is made several companies independently. defendant $

can follow the capital and he mounted capital acoded, by careful computation, Mr. Ruse---We took out a summons and wherever it is removed. It asks whether amounts to $6,000,000,000 (silver). The

net interest of not serve it. Mr. Irving asid he would fear of the guns and what of the resi- every year bring in a adjourn the caso until 11, but promptly for fear of guns would excito foreign years they will re-pay the invested dents in that city. It says that removal |21,500,000,000 (silver) and, within ten entered it in his diary for 10. The other ridicule and that the benefits of foreign capital. The railway returns in China aide appeared at that hour, we did not gune have an overlooked, as

now number each year 8300,000,000 and people took refuge in the Legation quarare proportionally four times more than The case was struck out and the Magis during the mutiny in Peking and those in America. The people, shoulder- trato refused to grant us a new trial the Turth in Tiautain also fled into the because he did not think we should sue oned if we got a new trial on a point of

INSPECTORS' VACATION.

The PRESIDENT in a minute recommend- and that Impestors Knight and Kelly be

a bank in the joint names of the execu

D

granted nine months' vacation louve.tors, and subsequently the reassignment Magistrate could only enforce a contract¡ THE PROPOSED REMOVAL OF THE mile of railway, and calculating on this

It was stated that Inspectors Ward and Pearson were returning from leave.

It was agreed to recommend that leave be granted both inspectors.

NULLAH TRAINING,

The report of the Select Committee appointed to consider the recommenda

was signed and sealed by the defendant and delivered to his solicitora, to take effect only upon the performance of the condition that the money should be dealt with as stated, which condition has never been performed. In the alternativa do- fendant said he had a lion on the mort- gago deed for the mortgage debt and in- been discharged by the plaintiff,

af service from month to month, whoreas the claim brought to-day was not for contract of service for a month, hus fer

a year.

CAPITAL

CHINESE XKWSPAPER CRITICISM.

tious for the training of zullahs during tercst thereon sud costs, which bad not got the case adjourned because we could Peking should be abandoned through railways in the United States of America i

1912 was submitted.

It was agreed that it be forwarded for the consideration of Government.

CHAMBER OF COMMERCE.

APPOINTMENT OF REPRESENTATIVE TO

LEGISLATIVE COUNCIL.

The case for the plaintiff was opened, but had not concluded when the Court

1950.

IN BUMMARY JURISDICTION.

BEVOEG MR.FI, H. J. GOMPERTI (PUISHE JUDOE).

CLAIM FOR WRONGFUL SEIZURA OB ATTACHMENT..

Cha Wu Shi, trading under the style or firm none of the Chung Hing firm,

A special meeting of members of the Hongkang General Chamber of Commerce was held yesterday in the Chamber room, St. George's Building, to nominato a member of the Chamber to fill the place of the Hon. Mr. E. A. Howett, C.M.G., ssed the Taui Chan firm to recover $1,000, during his absence on leave, as the Hon. damuges'and compensation for the wrong- Mr. Murray Stewart has left the Colony. ful suiture or attachunent of the plaintiff's

able or probable cause, and on insufficient

attendance.

law.

Mr. Harris-The man was employed in Tientsin, cot in Hongkong at all.

Mr. Russ-I argue that as the man was

in Hongkong part of one month, part of the vanne is in Hongkong. This con- tract would have been terminated on the 19th July, 1912, On the 8th or 8th May

many

foreign settlements when a similar eventing a lighter burden, will be given an occurred there. Dr. Sun, Huang Hsing opportunity for other enterprises. China I strongly and other great republicans all bad their will no longer be poor. residence in the settlements and the Lega advocate that these railway schemes should ke pushed through za quickly as tion quarters may some day prove a haven for the President to escape trouble, possible. Time is most valuable. If we In these days of free communication, delay them for one day, it will mean a says the journal, none of these, Nanking, loss of hundreds of thousands of dollars, upch or Honian could boast of physiol and no nation or earth can afford this superiority, as invesion could be made heavy loss. Again, supposing that we by rail or water. Guns are hoing frod have an army of 2,000,000 strong, and in Tibet and Mongolia, but Dr. Sun is have them quartered in different pro not afraid of guns afar off, but only vinces, each will have only 100,000. If un those which are near. The Republic opposing army of 300,000 man should

31. N. J. Stabb presided over a good shop, premises and goods without reason defendant wrote the plaintiff a letter Times counse's Dr. Sun to be more can-attack one province suddenly, then, 07

The CHALEMAN read a nomination in grounds in Summary Action No. 1,099 from Tientsin in which he acknowledged that he had a contract for a year, but instead of serving the last two months he appeared in Hongkong before his con- tract had terminated and joined a rival tailor.

favour of Mr. J. W. C. Bonnar. This was proposed by Mr. H. P. White and seconded by Mr. W. Dickson,

There were no other nominations, and a motion approving of the nomination of Mr. Bonnar was carried unanimously.

The CHAIRMAN-That is all the busi ness, gentlemen.

of 19:2

Mr. M. Reader Harris (of Messra.

Wilkinson & Grist) appeared for the plaintiff, and defendant was represented by Mr. F. X. d'Almada e Castro.

His Lordship-What did they do; take the property in execution t

Mr. Harris-No. They attached it under Section 579 of the Code, where &

Mr. BONNAR-Gentlemen, I have to thank you for, the honour, you have done me in appointing me and for the co- defendant is about to leave the jurisdic Údence you have placed in me, both of, tion, or is going to remove property from which I will endeavour to merit.

the jurisdiction.

His Lordship What was the contract

to do!

Mr. Russ--Work as a master tailor for Noor Din wherever he sent him.

Mr. Harris-There is no contract in writing.

His Lordship He was sont to Tientsin. That is a new contract.

tions ns to his statements, as bis rail account of lack of means of transporting way scheme has bean criticized as vision; troops from neighbouring proviners, the ery and his advoency for the removal fonemy would be attacking 100,000 men the capital as anti-foreign. It says that and not 2,000,000, and their victory would On the other hand, if we though it is. unbearable to have the metro-be assured.

olie under foreign influence, but owing have a splendid system of railway servic

foreign inplications the capital can to mobilize our troops at will, there will o, for the moment, le removed, and, realizing this fact. it would detract from be no necessity of having 2,000,000 one's great reputation as well as inear soldiers, and a smaller force will be just as powerful. For the reasons given, I foreign misgiving to make statements

an strongly convinced that there is no merely to gratify ephemeral pleasure.

The China Times on the same question | better or other way to save our beloved regestion of the removal on the objec wealth, talent and power to excente a ears that though approving Dr. Ben's country than to concentrate all our railway exystem. tions cited, the matter was one of trea thoroughly planned ties and, without dealing with the funda. When this is accomplished, China will mental solution, no removal would be undoubtedly become a most strong and of avail:

yealthy nation on earth."

W. F. STANLEY & Co., LTD,

LONDON.

E. R. WATTS & SON, LTD.,

LONDON.

WE ELIMINATE

BY USING THE LATEST

AND HOSP SOIENTIFIQ APPLIANCES

45

GUESSWORK

In testing the sight for plates Your eyesight is the most precious of your senses and you crot afford tejpordize

it by using incorect loses or il ütting frames. Waarscompetent professinesily, and we have the equipment to atily ourselves and to satisfy YOU what is best for your oven. I phisician is needed a will an drise you. Lengd ground and polished on she premies.

CLARK & CO.

* HONGKONG.

JK BLOGS. CHATER