1913-03-05 — Page 5

SUPREME COURT.

Tuesday, March 4th.

IN ORIGINAL JURISDICTION.

Before Ine Quier JUSTICE (HIS HONoun SIR W. Rees Davies, R.C.), AND THE PUISNE JUDGE (Mx H. H. J. GoMPERTZ).

THE HONGKONG DAILY PRESS, WEDNESDAY, MARCH 57m, 1613

The Attorney-General--Did you actually apply?

...."Mr. Potter, after consultation with his solicitor, stated that they did not actually apply, but they described the pantry or passage way on the ground floor as a room with a view to applying.

The Attorney-General, in his reply for the Crown, said be desired to point ut to their Lordships that in all civilized plaets there were Building Ordinances much of the character of the loch) Ordin- ance, and their whole object, of course, was that buildings should be put up in such a manner that gougestion of popula tion should be avoided so far as possible and that in congested areas. hero should be restrictions placed upon build-

APPLICATION FOR WRIT OF MANDAMEUR, An application was made for a writ of mandamus to be issued against the Build- ing Authority to approve certain amended plans of proposed buildings submitted on the 2nd December, 1912, on behalf of Loing, in order that they might be kept Chop Shan, otherwise Lo Chop San. in a sanitary condition. In refusing Mr. Eldon Potter (instructed by Mesars had three questions under consideration, Building Authority this plan tho

Johnson, Stokes & Master) appeared for and he thought it might be convenient the applicant, and the Attorney-Goueral if he dealt with his friend's last two (Hon. Mr. J. A. S.. Buckmill, K.C.), points first. With regard to the question of storeys, he did not think he need go instructed by the Crown Solicitor (Mr. into the question as to what the intention J. H. Kemp) represented the Crown; and of the builder was, or whether he intended to apply to the Governor-in-Council. opposed the motion.

Section 188, sub-section 5, stated that no domestic building should exceed 76 feet in height above the level of the street without permission. The object of that section was obviously to cut down the height of houses. The latter part of the section stated that no building should exceed four storeys in height, including the ground floor. The definition of the word storey was "the space between the upper surface of a lower floor and the upper surface of the floor next above it." His friend wished to say that the defui- tion was "the clear space between two the orders, as there was not a clear space floors." The pantry did not comply with

of 9 feet, and therefore the Building Authority was right in refusing to pass their Lordships would see that it was laid the plans. In Section 110, sub-section 1,

down that in every domistic building erected the lowest storey to be used or adapted for human habitation should contain a clear space of at least 12 feet, to renaauro vertically.

Mr. Potter quoted at length the afidavit filed by the: Building Authority, the chief objection to the erection of the buildings being that they would be five storeys in height, which was not in accordance with the Building Ordinance. It was also stated in the affidavit of the Building Authority that, if the plans were passed and the lobbies and pantries on the ground floor allowed, people could | not live in then, and they ought not to live in them. Mr. Potter declared that that had nothing to do with his clients. The Government had its remedy and the Sanitary Board could prosecute people who lived in premises which were not suitable as living rooms. The first point their Lordships had to decide was the construction of Section 153, Sub-Section 2, of the Building Ordinance, and theso were the words which had to be construed, The Building Authority shall... require the provision of such windows as shall admit of the sub-division of every storey above the ground storey into rooms each of which shall contain an area not excced- ing 100 square feet and the least of which shall not be less than 7 feet by 7"-49 square feet. The first point he would make on that was that it was quite clear that the owner was entitled to have any rooma of any area he chose up to 100ft. and down to a room of ft. by Tit. The Building Authority-wanted to read into that aab-section two words, which ho submitted would reduce the section to ab utter absurdity. The first ground of disapproval was that "the provision of windows in the Chinese houses is not such as to admit of the sub-division of the whole area." If the words the whole

arca

"were put into the Ordinance he agreed with Mr. Chatham that such sub-division was a physical impossibility,

The Attorney-General had not con- and the hearing will be continued to-day. cluded his speech when the Court rose,

CHINA'S LOANS AND DEBTS.

DELAY AND ITS RESULTS.

PEKING, February 27th. Advances from the Sextuple Group in the shape of Treasury Bills for £300,000 will mature in Europe to-morrow, and the Chinese admit themselves unable to pay. On March 9 a further amount of £150,000 matures and on March 14th £1,000,000 of the Belgian Loan,

Powers. The present deadlock is due to Termiany, whose requirements the other Powers find themselves unable to meet in spite of the concessions made by them.

Furthermore, the Russian Minister yesterday again invited the Chinese. Foreign Minister to say what arrange ments he is making to meet the arrears of indemnity due to Russia, which now aggregate over £700,000. With regard to the unfortunate effect upon China's credit of her inability to pay, the Financo Minister has stated that the maintenance of China's credit is of greater importance to the foreign Powers than to China herself. In consequence of the deadlock in the negotiations following upon the advisership dificulty existing between the six Governments, the Chinese with Mr. Chatham referred to Sub-Section much reason consider themselves greatly of Section 103, which said that no room ill-used and it is not unnatural in the should be constructed or used for sleeping circumstances that they should take a purposes-and it seemed to him (Counsel) rather cynical view of their financial that these were purely sleeping recms position with regard to the foreign unless it had a skylight or window open to the external air. He wanted to draw their Lordships' attention to the first words-" No room shall be constructed or used." As Mr. Chatham pointed out, if ey had to sub-divide the whole area of the storey in question into rooms having practically impossible, while the Sextuple windows it would be impossible to do so. Group holds the field. Much hardship is because they either had not got properthna imposed on the Chinese who not un- windows in, or else the rooms would reasonably demand either that the Six exceed the maximum or would be smaller Powers should agree on the subject of the than the minimum. Mr. Potter adviserships and plainly state their terms further directed their Lordships' to China or that the Group should stand attention to the view adopted by the side and leave the foreign money markets Building Authority, that the whole area open. was to be sub-divided into rooms, and pointed out that no provision would thus be made for passage ways or means of communication Unless passage ways were allowed, no sense could be placed upon the words in the section structed, maintained, and used," becaus no one could get into the rooms. In any Chatham stated that his event, Mr. clients' passage space was not reasonable. If their Lordships looked at the plans of these houses they would see that even without the passage ways the storeys could

COD-

Meanwhile from to-morrow. onwards foreign debts fall due in quick succession.

"Stop taking Drugs and Stimulants ! It's

SANATOGEN

You want for your Nerves."

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Insomnia Depression of Spirits Irritability of Temper Nervous Byspepsia

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Sir

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Write to-day for a Free Copy of The Art of Living," by Dr. Andrew Wilson. This in- teresting book tells you all about Sanatogen, and also contains a great deal of valuable advice on health topics. Write at once mentioning this paper, to the manufacturers of Sanatogen, Messrs. A. Wulfing & Co., 6, Kinklang Road, Shanghai.

Dr. C. W. Salceby, the well known

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Mr. A. G. Halés,

the famous war corre spondent, writes

Sanatogen revitalises a man and is not a drug. I find that my Health benefits by every tin that I take

· Mr, Arnold Bennett, the distinguished writer, states The tomic effect of Samat- ogen on me is simply wonderful"

"A MACHINE A MINUTE.”

but China finds borrowing elsewhere of the Writing Machine. A great milestone has been reached and passed in the history of the The week just closed, as this insun goes to presa, has been epoch-making in the annals

Germans here have openly discussed the possibility of their retirement from the Group, but it is difficult to think that German interests car really be served by such a withdrawal. Anyhow, the German. retiremem would be viewed with great regret by others, especially by those Powers whose interests in China mainly commercial.

are

GERMINY'S PRICE FOR AGREEMENT.

PEKING, February 27th. The manifest difficulty which is pre- harmony is clearly shown by the loan negotiations.

The manifest difficulty which is pre-

venting the Six-Powers from working in harmony is clearly shown by the loan. negotiations.

not be divided into more legal rooms innventing the Six-Powers from working in they had already been divided into. The amount of passage way which his clients had allowed, including what might be called the other passage way or pantry, was 38 per cent, and Mr. Chatham's amount was 20 per cent., which was only a difference of 8 per cent. There was no power under this Ordinance to entitle Mr. Chatham to say the passages were reasonable or unreasonable. So long as his clients divided the storeys into as many legal roans as they could, Mr. Chatham had no right to say they could not use the remainder for passage wave Supposing somebody used the pantry for sleeping purposes, then that, sub-division to, the Salt Inspectorate if Great Britain would immediately beccare, a room, and, not being a legal bom, in so far is it

have agreed to a proposal regarding Ad- At present, of the six Ministers, hve visers which is intended to be submitted for approval to the Chinese Government. The German Minister alous refuses to Five his assent to the proposal pending instructions from his Government, which is understood to have informed the Bri tish Government that it will only consent to the appointment of a British Adviser assents to a certain condition with re- gurd to China wholly extraneous to the

had no window, they would be committing loan negotiations.

Remington

Typewriter

During the week we have booked orders for more than a Mashing a minute for every working hour,

VISIBLE MODELS 10 AND 11. Not many years ago Remington sales wore Sixty Machines per month; now they are over Sixty Machines per hour-MORE THAN A MACHINE A MINUTE. Such is Typewriter Development ; such is Remington Progress.

REMINGTON TYPEWRITER CO.

(INCORPORATED),

SIEMSSEN & Co. MACHINERY DEPT.),

HONGKONG AND CANTON, General Agents for South Chisa Formosa, etc. NBPlease write and return of post will being you free of charge an illustrated booklet. "Topch Method Typewriter Instructor." invaluable to all neing a Typewriting Machine. [43-3

**

SHACKELL"

SEAL" RED PRINTING INK

IS ABSOLUTELY THE BRIGHTEST BED ON THE MARKET. SAMPLE GRATIS

TO LET

OFFICER TO ^- LET:«

FIRST-CLASS Central Accommodation

and Airy, On SECOND FLOOR, in New Building being exerted for MEBBRS WHITEAWAY, LAIDLAW & Co, Iris. Entrknob from Del Your Road. Elettris Lift to all Floors Electric Light throughout. Ths plan can be seen and all particulars obtained at the Bees.

MEBBS, PALMER & TURNER,

Alexandra Buildings, 3rd Floor Hongkong, 4th March, 1913.

173

TO LET.

ARGE SUBSTANTIALLY - BUIL

GODOWN, situated on Water Front, East Point,

For further particulare apply Property Office JARDINE, MATHESON & Co., In

· Hongkong, 15th August, 1912

[67

No

TO, LI, SHELLEY STREET. "LYEEMUN," Barker Road, No, 134, Peaks To Let Faruished or Unfordished to 30th Ndrember, 1913. & ROOMS.

No. 106, Prax, "CLAVADEL," 5 ROOMS, Fully Furnished, with Tennis Court, for about 18 months, from let Mfar.

CRAIG RYRIE," No. 4, Tho Peak, To Let, 8 ROOMS; Tennis and Croquet Lawns ; Fine Bituation.

No. 115, The PRAX, Furnished, from Middle of April until end of October, 1913. FOUR BEDROOMS, Tennis Court, and

Garden VŒUI VILLAS, NO. 52, PEAK,

DES

5 ROOMS.

No. 6, DES VŒUX VILLAS, 58, PEAK, from 1st March 1913. Premises will be thoroughly repaired, painted and colour washed.

From 1st February, 1915. MERION, No. 10. FAKE, Faerlabed or Unfurnished, 6 ROOMS To Let or For Sale. "GLENSHIEL," No. 124, Barket Road, Peak, 5-ROOMS, from 1st

£6KB, 1913:

For Sale. "HARTING and ROGATE*- on part of Kowloon Inland Lot No: 1154: Apply to LINSTEAD & DAVIS

3rd Floor, Alexandra Building. Hongkong, 5th March 1913.

464

TO LET.

GODOWN, No. 145, Wanchai Road,

Apply to

KHONG ĐANG HONG, LID

248, Des Voeux Road Control (Office)

or 93, Praya East (Warehouse)..

(291 Hongkong, 10th February, 1913,

TO LET.

170.2, WEST END TERRACE, Shamsen.

From 1st May, 1913.

153, PRAYA EAST, GODOWN.

FOR BALE or TO LET Unfurnished, o HOUSE at The Peak Apply

THE HONGKONG LAND INVES". MENT AND AGENCY Co, Lan Hongkong, 1st March, 1913.

TO LET.

TO. 54. PEAK., 4-ROOMED HOUSE,

NFURNISHED, for Four Months:

Addres

BUNGALOW,

* Caro of "Daily Pross" Offloo. Hongkong, let March, 1913.

₤389

TO LET-AT KOWLOON.

NEW MODERN 3-ROOMED FLATS with Two Bathrooms, Pantry, Kitebon ind Servants' Quarters. Bathrooms fitted with English Batba. Kitchen lins English cooking Bange and Hot Water Boiler. Electric Light throughout. Ready for occupation about Middle March. ALSO

NEW FIVE-ROOMED SEMI-DETACH- ED and TERRACE HOUSES with Tennis Courts. Possession about Middle Murch.

Apply te

HUMPHREYS ESTATE & FINANCE

Co., LTD., Alexandra Buildings. Hongkong, 12th February, 1913.

TO LET

[305

GHOP

in ALEXANDRA ́HUILDINGS.

Apply

A.B. WATSON & Co., LTD, Alexandra Buildinga.

[66 Hongkong, 27th November, 1912

TO LET

FFICES or STOCK-ROOMS, ONE LARGE ROOM and SMALL PRIVATE ROOM; Very Central,

Apply

Box 100, Care of "Daily Press" Office, Hongkong, 29th January, 1913, 1245 “TO BET. From 1st February, 1913.

UN

INFURNISHED, 6, Mountain View, Peak

containing BIX ROOMS. Apply

W. B. LOXLEY & Co.,

York Buildings, Chater Road, Hongkong. 17th December, 1912. 172

TO LET.

TORE To Let, from 1st May, at present

occupied by Madam Flint, Apply fo→→

AEROBINSON PLANO Co., Ltd. 1349 Hongkong, 22nd February, 1913.

TO LET

NO. 12, QUEEN'S ROAD CENTRAL, SHOP and GODOWNS at present occupied by Gande, Prico & Co., Ltd.

Nex 12 and 14, QUEEN'S ROAD CENTRAL, OFFICES Ch.

SHACKELL EDWARDSTEWART TERRACE, from let

& CO., LTD.

PRINTING INE MAKEES.

ESTABLISHED 1785.

HEAD OFFIERS TED LION PASSAGE. FLENT STREET, LONDON, EC.

THE NEED OF A STRONG HAND.

an offence, and I liable to a fine of $100. The effect of this new phase is to It was not for Mr. Chatham to say, I strengthen the co-operation of the British am going to prevent people from sleeping and French groups. The scheme to which in the pantry by not allowing you to build five of the Ministers have agreed, which a pantry, Counsel then turned to the has been rendered possible by the United question of the height of the building. States and Japanese Ministers waiving Sub-Section 5 of Section 188 of the their claims, is the arpointment of a Bri

Much comment has been aroused by the Ordinance, he said, stated that no bail-tish Adviser to the Salt Inspectorate, a publication in the Paking Jih-pao of the ing should exceed four storeys in height, German to the Loan Department and including the ground sturey. Now, M. Russian and French Advisers to the Audit following, which is alleged to be a tele-

gram from the Tutub of Shensi Chatham declared that in fact these Department, but if the Six-Powers come

Judging from present conditions the houses were five storeys high, but his an agreement it is still doubtful whe.

ther China will assent, although the country's only salvation lies in contraliz- (Counsels) argument was that there are Government's financial position is daily ing the administrations, but a strong only four, and he maintained that the becoming worse.

central government is necessary to secure basement was not a storey. The point The repayment of the advances made by | proper centralization. "The President turned on the meaning of the word the Sextuple Group in 1912 begins to fall should therefore be empowered to dissolve storey In the first place his clients due on March 1st, though the Group the National Council, fix the official applied for permission to the Governor probably does not expect payment, on the systan, change laws and appoint members in Council to erect houses of five storeys, due date in view of the deadlock between of the Cabinet without consulting the and the Governor-in-Council had the the Six-Powers, for which China latterly National Council. The Government should power to give perplission.

has not been responsible.-Reuter.

not be handicapped in every way, as a present, for both internal and external affairs are thereby complicated."

THE NEW FRENCH REMEDY. THERAPION No.

CORTADINEMANGEL BATUNI KEK, WITELÓUT INJECTIONS.

THERAPION NË 2

CURES BLOOD POISON, BAD LEGS, SEXS ZHU PERONA

THERAPION NO. 3

CURAJORRONIC WEAKNESSEN: DERING, ARE ZABEIG

COLDEV LEADING CHEMISTS, FRICE IN

SEND STAMP ADDRESS INVLOEDA CURL FREE BOOKto Lu, Letters KED SO. HAVERSTOCK RD, LAMPSTRZONDOS. FOR YOU TRY NEW DRAGER FASTRIA FORM OF KARY TO TAKE

SATE AND

THERAPION CUR

SEE THAT TRADE MARKED WORD "THERAPIUN* is on 17

·KULT, GONT, NIAKNAPFIZER TO ALL CANUSHY PACKETS.

IRMET ON HAVINA THERAPION j

Apply to-

Care of "Daily Pres" Hoo Hongkong, 4th February, 1913, (268 TO LET

TO. 27, ROBINSON ROAD.

SIX NROOME, With Outhouse, Commanding

a Fine View of the Harbour,

Apply to-

F.X. D'ALMADA » CASTRO,

33, Queen's Road Central.

[204 Hongkong, 19th January, 1913.

TO LET.

NOTICES TO CONSIGNEES

GLEN" LINE OF STEAMERS. NOTICE TO CONSIGNIES.

FROM ANTWERP, HULL, LONDON 'AND STRAITS.

Steamship

"GLENFARG,"

Captain W. L. Hartuell, having arrived from the above Porte, Consignees of Cargo are hereby informed that their Goods are being landed at their risk into the Godowns of the Hongkong and Kowloon Wharf and Godown Company, Limited, Kowloon, and stored at Consignees risk and expense.

All broken, chafod, and damaged Goods are to be left in the Godowns, where they will be examined on Thursday, 6th Mar. at 10 a.m.

All Claims must be presented withla FırTune DAYS of the Steamer's arrival hero, after which date they cannot be recognized.

have left the Godowns, and all Goods remaining No Claims will be admitted after the Goods undelivered after the 6th Mar, will be subjook

to roat.

No Fire Insurance has been effected. Bills of Lading will be countersigned by

SHEWAN, TOMËS & Co.

Agenta. Hongkong, 27th February, 1913. 1379

FROM EUROPE,

THE FLA.L. Steamship THE

"SCHWARZBURG,"

Captain Christiansen, having arrived, Consigness of Cargoart hereby informed that their goods are being landed and placed at their risk in the basardous and/or extra-hazardous Godowns of the Hongkong and Kowloon Wharfand Gedowa Co Ltd, whence delivery may be obtained Bills-of-Lading countersigned by thì reigned

Optional Cargo will be carried on unless nótišo to the contrary be given To-Dar.

All Claims must be presented within tea days of the steamer's” arrival here, after which dato they cannot be recognised.

No Claims will be admitted aftir the Goods- have left the Godowns, and all Goods remaining undelivered after the 6th Mar. will be subjoos to reat.

All broken, chofed, and damaged goods must! be left in the Godowns, where they will be examined on the 6th Mar., st 9.30 am.:

No Firs Insurance will be silasted by un in any case whatever.

This steamer brings Cargo:--

Ex 8.4. "Bernhard" from Stettin.

Ex 5.8. "Kong Sigurd" from Christiania. HAMBURG-AMERIKA LINIE,

Hongkong Office, Hongkong, 28th February, 1913.

(365

"NORDDEUTSCHER LLOYD, BREMEN, IMPERIAL GERMAN MAİL LINH,

NOTICE TO CONSIGNEES, THE Steamship THE

"PRINZ WALDEMAR," Laving arrived, Consignees of Cargo are hereby informed that their Goods, with the exception of Opium, Treasure and Valuables, are being landed and stored at their risk into tho hazardous and/or extra hazardous Godown of the Hongkong and Kowloon Wharf and Dodowa Company, Llinited, Kowloon, and West Point Godowns, whence delivery may be obtained.

Optional Cargo will be forwarded on anleer intimation is received from the Consigne before NOON TO-DAY requesting it to be landed here.

No Claims will be admitted after the Godils bave left the Godown, and all goods reinsinitig andelivered after the 10th inst. will be subject to rent.

All broken, chafed, and dogged Goods are to be left in the Godowns, where they will be examined on the 10th inst., at 9,30 AM.

All Claims must reach as boloro the 17th inst, or they will not be recognizel.

No Fire Insurance will be effected. Dills of Lading will be countersigned by the Undersigned

NORDDEUTSCHER LLOYD,

MELCHERS & Co.,

General Agents. 14

Hongkong, 3rd March, 1913.

WEATHER REPORT.

On the 4th at 11.00 .m.-The anti-cyclone has strengthened slightly and is now contral to the north of the lower Yangtze Valley,

Depressions have formed over Manoburia and to the east of Japan.

Pressure is nearly stationary in Southern Districts.

The monsoon will probably set in again alon the E. const of Chins and be mederste to fresti over the N. China Béa,

Hongkong

minfall for 24 hours ending at 10 am, to-day, 0.00 inches.

The forecast for the 24 boars ending at noon to-day is as follows:

FORECAST.

DISTRICT

* Hongkong & Neighbourhood

Formosa Channel -

N.E. gale

Bouth coast of China between (The same as

No. 1 Hongkong and Lamöcke 1

South const of Chius betwoon The same na

Hongkong and Hälsan...{

No. 1. N.E. winds moderate to fresh, fiue.

PASSED THE CANAL.

January 28th-Benalder Catchas, Ernest Simons, Indrasanha, Petko, P. E. Fried rick, Welah Prince, Alesia Anam. 31st Denbighshire, Kamo Maru, Kitano Maru, Kleist, Nera, ingehow, Sachien, pre- mont Castle February the Idomeneus, Luertes, Ellerie 7th-Keemun, Nyanta, Peleus, Demodocus, Sumatra. 7th-De- layed through Mutilation. Den Glamis, Amazone. 11th- Benarty. Branisa, Ghazee, Indrani, Nippon, Scandia, Spezia, Schuylkill, Yorck, Swaci 14th-Aki Maru, Koerber, Prinz N 2ND FLOOR, No. 2, PEDDER STBEST Ludwin, Sambia, Atlantique. 18th-

ONE ROOMED OFFICE

Baron Napier, China, Glenlochy, Hyson, Apply Property Offon,

Tyo Maru, Konang Si, Nelers. 21st "JARDINE, MATHESON & Co., LTD..

Dumber, Nore, Polyphemus, Theseus, [66. Hongkong, 23rd May, 1912.

Novara, 25th-Benavon, Jason, Kastaga, TO ZET

Monmouthshire, Teenkai, Armenia. 28th -Aleinous, Ernest Simons, Goehen, OUNTRY HOUSE To Let, Furnished. Hirano Maru, Indien, Japan, Mishima from 1st April, 5 Rooms, Very Coolaru, Prinzess Alice, Brodatome, 40 minutes out; Lawns, Bathing, Bosting. Sitkozza, Furst Bulou, Rhesus.

BURAL Apply to

Care of "Daily Proes" Office. Hongkong, 14th February, 1913. 1313

ARRIVALS AT HOME. February 28th-Prinz Ludwig, Ncleus.