1901-10-14 — Page 3

IMPORTANT BUILDING PROSECUTION.

THE HONGKONG TELEGRAPH. MONDAY, OCTOBER 14, 1901.

UNLAWFUL POSSESSION OF AMMUNITIONST Chan Yau was found with a quantity of He was fined $250 or three percussion cap months.

GAMBLING:

Intiutations.

SANITARY

BAR BOARD.

Mr. Hallifax, Mr. E. M. Hazeland, architect, was opening in the wall witness said that openings P. S. A. Gordon lined up defendentsWNERS of !!OUSES situated in the

At the Police Court this afternoon before

charged with infringing Section 75 of the Building Ordinance of 1895,

1

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instance the party walls were faulty, but he could not speak with regard to the cross-walls as he did not examine them. As to charger five and six the alterations were not dangerous, and in the seventh charge, with reference to the

were often suspicious though the P. W. D. sanctioned them under certain conditions. In the present instance he thought it was probable that the Department would have sanctioned the opening.

By Mr. Harston-la addition to the sam- mous the P. W. D. issued a notice upon the owner to take off the additional storey of each house.

Mr. F. L. Bowicy, Crown Solicitor, prode. cuted and Mr. J. S. Harston represented the defendant.

"Mr. Bowley, in opening the case on behalf of

Re-examined by Mr. Bowley it was on the the Crown, explained the Section of the Build 30 September that he first knew Mr. Hazeland ing Ordinance under which the proceedings was no longer acting as agent; it was the day were taken, and said it provided that no build-upon which the letter was written. From con- ing or works are to be recommenced or resumed versation with Mr. Hareland he understood he without a notice being given to the Director of had been supervising up till or about that day. Public Works. The notice specifies the work On the 28th September the opening in the to be done together with the name and address wall looked as though it had not been touched of the occupier, owned or agent. In the present for some considerable time. ease the defendant signed the notice as agent and the prosecution submitted that by so doing he had made himself liable for any act, failure, neglect ar ainission whereby any Section of the Ordinance was contravened. It would not be necessary for the prosecution to prove that de- fendant committed any of those acts, failures, neglects, or omissions, but by reason of his signing the notice be made himself liable. The notice, was dated the 3rd July 1901, and was nd- dressed to the Director of Public Works, and mentioned that works were bout to be carried out at Nos 23 and 15 Stone Nullah Lane. With that notice a plan was submitted which. was in conformity with the provisions of the Ordinance, and was duly passed by the Director of Public Works. The plan was dated the 1st Aug, 100, and presumably the work was commenced soon after it was lodged. On the 28th September. Mr. Tooker visited the premises and he would be able to prove several deviations from the plan as set out in the charge. Mr. Bowley proceeded to deal with the charge and briefly reviewed the deviations and omissions as set out in the evidence below.

This concluded the case for the prosecution, address and Mr. Harston proceeded to His Worship on behalf of the defendant. He submitted that the summons was bad and must be dismissed on a point of law. He called his worship's attention to section 3 of Ordinance No. 7 of 1895 stating "and the party signing the said notice shall stale whether he signs as owner or occupier or agent, and the person so signing shall be liable for every fact, failure, neglect, omission or refusal whereby any section of the Ordinance is contravened during the progress of such work or building. In section 77 of the Or- dinance it stated that every act, failure neglect, mission or refusal whereby any section of the ordinance is contravened is a nuisance" In section 78 it would be found that in every case of a nuisance under the Ordinance the Surveyor General' should in the first instance serve a notice, in the form contained in the schedule to the Ordinance, on the owner of the building or work in respect of which complaint was made, and such notice should specify the nature of the nuisance and the manner and time within whith it was to be abated, and in the event of refusal or neglect to comply with, the requirements of the notice the Surveyor-General'should issue a summons against such person. He submitted it was a condition precedent to be process adopt ed by the prosecution in the case, and that the agent could not be proceeded against until the prosecution had themselves compli ed with the requirements of the Ordinance. - Upon that ground Mr. Harston submitted the case must be dismisscl

Mr. Tooker, Acting Assistant Director of Public Works, proved that the notice (pro- duced) was deposited with the P. W. D. It was signed by the defendant. The duplicate plans lodged with the notice showed additions of one new story and verandahs to the first and second storeys at 23 and 15 Stone Nullah Lane A separate plan was submitted for the verandah details. He inspected the premises on the 5th September and found an opening ma side wall on the second floor of No. 25. There was no indication of such an opening on the plau, and it would tend to weaken the central wall. It led into the second floor of premises in Cross Street used as a Chinese restaurant. The verandahs were on iron brackets resting on corbels, but when he inspected the premises he Mr. Bowley submitted there were two alter- ascertained they had not been erected according native modes of procedure under the Ordinance to the plans. The construction of the build--the one which had been effected in the case and the one to which bis ing was very bad, the whole weight of the present verandab would come on these small piers and learned friend referred. If the prosecution in they could not support it securely. This contended to abate a nuisance they would have struction was not shown on the plan. The plan shows a staircase in each house against the cross wall dividing the main rooms from the arch in each house. The skircases shown on the plans have not heen built, nor have openings been left for them. There was a staircase built on the side wall of the adjoining house from the 2nd to the 3rd floor, There was no staircase on this floor in No. 25. There are two stair cases, but not as shown in the plan. The new door was built solid without an opening.

Taking the cookhouse windows there were-; four windows in each of the houses. There was one in each wall, When he visited the premises the bridges were on the south side of each house, and the windows in each cross wall were a little to the north. The plan showed a solid wall between the two cook houses, but it had not been built according to plan as there was an opening in it. On the 28th September the premises were nearly completed: A notice was submitted on August 31st to the P. W. D. respecting further Altera tions to the premises, but it had no bearing on the deviations referred to. The ground floors of the two houses were used as opium divans, and the first floors were utilised as tenement fals The second and third ors were apparently for use as apartments for Chinese tea houses. No application was made to the P.W.D.

beyond the one of the 31st August, for per mission to make any deviations on the plans. The alterations appeared to have been made during the progress of the work, which was still in progress, on the 30th September the defendant forwarded a letter to the effect that

he was no longer acting as agent for the property and was hot superintending the alterations to the building. Prior to that he had received no such notice.

By Mr. Harston: The defendant was agent and architect for the owner of the property. He was not aware that he was merely em ployed by the owner of the property to prepare a plan for submission to the P.W.D After it had been passed he did not know his employment ceased. He knew that to be so on the 28th September when the defendant told him-that-such-was the case. He was not aware that the P. W. D. know of it before issuing the summons. If there was arcopening in the wall 18 inches less than the one be found it would still be dangerous. Apart from the plans he thought it doubtful if the opening would have been passed by the department. With regard to the second and third charges the openings in the walls were not actually dangerous as of course the iron bars would afford a little sup- port. The openings were still there on the 8th October, but were bricked up on the 11th of that month when he again, visited the premises. Apart from thickness of the piers the mode of construction was not faulty. As to the fourth charge, there was no serious defect in the construction of the staircases, though

proceeded to issue a notice; but they desired to have a penalty inflicted on the defendant for a contravention of an Ordinance and accordingly proceeded in the way they had done.

His Worship decided against Mr. Harston, and said the Ordinance could not be read to contradict itself.

Mr. Harston then proceeded to address his worship on the facts of the case, and after Mr. Bowley had replied his worship' said he would give his decision at 2,15 to-morrow afternoon.

- SUDDEN DEATH OF CAPTAIN'

A. W, COBBAN.

With the deepest regret we have, to report the awfully sudden death of one of the best known personages in the maritime world of Southern China, viz, Captain 'A. W, Cobban. The deceased was alive and well on Sunday and was found dead in his bed this morning. Captain Cobban was the oldest master on the Hongkong-Manila run and was for six years in charge of the s.s. Zefiro and subsequently took command of theold Diamante. He proceeded to England and brought out the present Diamante and fora time was captain of the s.s. Esmeralda. For fifteen years he faithfully served the China and Manila Steam Ship Co. and not a man that he came in contact with but mourns the loss of the great hearted 'old Mariner. During the last year, after resigning from the C. M. S. S. Co., he has been taking launches across, and, knowing, every inch of the way, never met with a mishap although on one trip grave fears were entertain ed for his safety. So passes a man well known and respected by all, and the sincerest sympat hy is expressed for his widow and her two

children.

AT THE MAGISTRACY,

ALLEGED PIRACY AND MURDER Five Chinamen were brought up this morn-

ing on a charge of murder and secondly with robbery. The crimes with which they are charged were committed in Cap Shui Mun Bay on 13th of August last, the third victim dying in Hospital only a few days ago. Mr. Hazeland remanded the defendants until the 21st. The 4th defendant-to-be-kept-separate- from the others. We must congratulate In- pector John Gauld in effecting arresis in this

CALC.

*

DRUNK AND DISORDERLY. Mr. J. S. De Souza paid $3.00 or 13 days for being unduly excited in Connaught Road last night.

OPIUM CASES.

charged with gambling. They all said they were not, but the evidence was too clear and cach was fined $2 or S days,

*

JAPANESE RUFFIANISM, Ishi, a quartermaster, was fined $10 and $1.50 compensation for assaulting Lung Choi REMOVAL OF QUARANTINE RESTRICTIONS,

We are courteously informed by the Colonin! Secretary's Office that the Government of Indo- China has removed all quarantine restrictions against arrivals from Hongkong.

THE PUBLIC WORKS COMMISSION,

The following Commission is published in the Gazelle-

COMMISSION BY HIS EXCELLENCY-THE GOVERNOR OF HONGKONG. HENRY A. BLAKE, Governor.

Whereas it is expedient that a Commission be appointed to enquiry into and report on the following matters, viz. :-

!

1. The duties and responsibilities of the Public Works Department of Hongkong generally, with special reference to

(a.) The constitution and sufficiency of

the staff of the Department,

(6.) The advisability of increasing such staff or of making any changes in its personnel,

and

(c) Generally what changes should be made in the working of the Department.

2. The manner in which the duties devolving upon the Public Works Department have been performed during the period of two years preceding the 1st day of October,

1901.

Central Division of the City of Victoria, and in the Western Division of Kowloon, who have not had their Premises LIME WASHED and CLEANSED in occordance with Law, are reminded that the period during which this work should be FINISHED ends on the 31st day of OCTOBER, 1901, and the Sanitary Board being convinced of the necessity of Cleanliness in its efforts to Stamp out Plague, is determined to rigorously prosecute any owner in default after the above named Date:

The Central Division of the City lies between Garden Road on the East, and Morrison Street Division of Kowloon is all that part of the and East Street on the West. The Westem

Kowloon Peninsula the West of Robinson Road and includes Tsim Sha Tsui, Yau Ma Ti, Mong Kok Tsui, Tai Kok Tsui and Sham Shui Pó

By Order of the Board,

Sanitary Board Office, 1st October, 1901.

G. A. WOODCOCK, Secretary,

[10830

IN THE SUPREME COURT OF

CHONGKONG.

AN THE MATTER OF THE ES- TATE OF JOHN LONG, LATE OF VICTORIA, HONGKONG, SEA- MAN

Deceased.

Intimations.

RAINTER BEER

The Strong Chain -

of evidence of satisfaction that comes from each new place in which

RAINIER BEER

is introduced, proves its merit. The three points in its favor are purity, wholesomeness and a better flavor than any other beverage.

SOLE AGENTS:

A. S. WATSON & Co.,

L'IMI I TED,

THE HONGKONG DISPENSARY.

NOTICE is hereby given that the Court

Hongkong; 21st September, 1901. by virtue of Section 58 of Ordinance No. 3 of 1897, made an Order limiting to the 29th day of NOVEMBER, 1901, for sending in Claims against the above Estate.

All Creditors are hereby required to send their Claims to the Undersigned before the said Date.

Dated this and day of September, 1901.

J. W. NORTON-KYSHE,

Official Administrator. CANTON INSURANCE OFFICE, LIMITED..

051C)

THE

[1028c

VICTORIA DISPENSARY,

HONGKONG.

ÆRATED WATERS,

SIMPLE ÆRATED WATER.

LEMONADE.

NOTICE TO SHAREHOLDERS. THE TWENTIETH ORDINARY GEN-

ERAL MEETING of SHARE 755c) HOLDERS will be held at the OFFICES of the Undersigned at 12 o'clock (NOON), on THURSDAY, the 17th October.

Now, therefore, 1, Sir Henry Arthur Blake, Knight Grand Cross of the Most Distinguished Order of St. Michael and St. George, Governor of the Colony of Hongkong and its Depen.

The TRANSFER BOOKS of the Company. dencies and Vice Admiral of the same, do

will be CLOSED from the 3rd to the 17th hereby under the powers yested in ine by Or-October, both Days inclusivo: dinance 37 of 1886, entitled The Commissioners

JARDINE, MATHESON & CO, General Agents, Powers Ordinance, 1886, appoint you

CANTON INSURANCE OFFICE, LIMITED. Hongkong, 25th September, 190r. WILLIAM POWELL, LIMITED.

1. The Honourable James Haldane Stewart

Lockhart, C.31.G..

2. The Honourable Henry Edward Pol

lock, K.C.

3. The Honourable John Thurburn,

4. Colonel Lewis Faulkner Brown, R.Z., 5. Robert Shewan, Esquire,

to be a Commission for the purpose of instium- ing, making, and conducting such enquiry And I do hereby appoint you the said James Haldane Stewart Lockhart to be Chairman, of such Commission; And I do hereby appoint Edward Dudley Corscaden Wolfe to be Secre- tary to such Commission; And 1 do hereby order and direct that for all or any of the pur pases of this Commission three Members thereof inclusive of the Chairman shall be and constitute a queruin. -

And I do further hereby order and direct that

the said Commission shall, for the purpose of making the said enquiry, have all such powers as are vested in the Supreme Court of this. Colony or in any Judge thereof on the occasion of any suit or action in respect of the following matters, viz. :-

(a.) The enforcing the attendance of wit

nesses and examining them on oath," affirmation or otherwise, as the Commis sioners or any of them may think fit. (4) The compelling the production of docu-

menis.

(4) The punishing persons guilty of con

tempt.

(d) The ordering an inspection of any pro-

perty.

And also the power for the purposes of this

Commission, to enter and view ans-premises.

And I do hereby further direct that every examination of witnesses shall be held in private; And I do further direct that any person I examined as a witness in the enquiry aforesaid who in the opinion of the Commissioners makes a full and true disclosure touching all the matters in respect of, which he is examined shall receive a certificate under the hand of the Chairman or presiding Member of the Com- mission, countersigned by the Secretary, stating

Trog8c

NTORY GENERAL MEETING of the

NOTICE TO SHAREHOLDERS. JOTICE is hereby given that the STATU- above Company will be held at the Premises of the Company, Queen's Road Central, Hongkong, on SATURDAY, the 10th day of October, 1901, at 12 o'clock, NOON.

By Order of the Board of Directors, -

For WILLIAM POWELL, LIMITED, R. G. HECKFORD,

Manager.

Hongkong, reth October, 1001. [11076 UNION INSURANCE SOCIETY OF CANTON, LIMITED. NOTICE TO SHAREHOLDEKS.

1900, equivalent to 46% on the Paid-up ADIVIDEND of $23 per Share for the year Capital of $50 per Share, has been declared.

WARRANTS will be issued on the 11th October.

By Order of the Board,

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LEOPOLD SPATZ & CO.

KRUSE &

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Secretary.

Hongkong, 10th October, 1901.

HONGKONG JOCKEY CLUB.

NOTICE

[11060

MEMERS in the Jockey-Club EMBERS requiring Stand or Stable Compound during the forthcoming Training and Racing Season are requested to apply to the Undersigned not later than SATURDAY next, the roth October.

By Order

T. F. HOUGH,

Clerk of the Course. Hongkong, 12th October, 1901.

NOTICE.

THE Undersigned will not be RESPONSİ-

BLE for any DEBTS contracted by his wife PALMYRA AUGUSTA TERCIO DA SILVA, and every person is hereby prohibited from giving her any Credit.

JOAO JOSE DAS DORES-BARROS. Hongkong, oth October, 1901. [1108c

WANTED.

made a full and true disclosure as aforesaid, as that the witness has, upon his examination

provided by Section 4 of the before mentioned Ordinance; And I do further require you to evidence opinion report to me the cele change all persons in A for CRAIGIEBURN HOTEL. the Public Service to assist you herein..

Given under my hand and the Public Seal, of the Colony in Executive Council, this ab day of October A.D. 1901, 7.-

By Command,

C. CLEMENTI, Acting Clerk of Councils, Council Chamber, Hongkong, 11th October, 1901.

QUAM.

N EXPERIENCED LADY MANAGER Apply by Letter, stating experience and edclosing copies of Testimonials, &c., to

THE MANAGER,

CRAIGIEBURN HOTEL Hongkong, 8th August, oor.

IMPERIAL BANK OF CHINA,

WANTED.

A

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N EXPERIENCED MAN of business to Act as COMPRADORE from ext China New Year.

Full Particulars can be obtained on applica tion-to the-Undersigned.

By Order of the Board of Directors,

E. W. RUTTER, Manager. Hongkong, 30th July, 1901.

WANTED

Thus the Moralist, in the Straits Times - Time was when Guam was the soul's delight of the South Sea pirates and traders. You could clear for Guam and sail from Paradise to breakfast with anything you pleased, from poached sealskins to blackbirds, and your papers were clean as a whistle whenever you came back to civilised port for Guam was Gusm in those days. All the copra on the Salary

island was (and I think stillis) owned by Captain Harrison of the schooner Esmeralda, or rather by Mrs. Harrison, his charming Chan Quai han paid Stoc for having 5 tacls and therefore no Spanish port officials. At all wife,There was no other staple of trade of prepared opium in his possession.

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BREWER LETTS' DIARIES, 1902.

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Seven Seas, by Kipling; Cloth edition... Barrack Room Ballads, by Kipling;

Cloth edition....

Bellow's French Dictionary

The Beautiful Japan, by Baxter; Fully

illustrated

Twentieth Century Inventions, by

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Alice Bron

$4.50

Reed's Engineers' Hand-Book; Latest.....$ 8,50 Applied Mechanics, by Rankine

7.50 Hill's Manual......

2.00 Optical Tables and Dafa, by Sylvanus

Thompson...........

2.00 Modem Science and Modern Thought,. 6.50) by Laing,

Royal Observatory Greenwich, by Maun-

derminin Epansion of England, by Seeley

10.00

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1.20

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THE ROBINSON PIANO CO., LD. [108Bc Hongkong, join October, 1901.

events there were none who acted Anything DROZ & Co., that had to be done officially was done by the bri WATCH MANUFACTURERS, local prisoner-the sole inhabitant of the jail-STEAM FACTORY ESTABlished 1864. John Lull for being drunk and disorderly a happy creature who lived as he pleased and was let off for $2 or 8 days.

ADMITTED, VERY "SORRY.

PARIAH COOLIES,

having regard to the state of the wall they of for 14 days as being rogues and Wang Kwai and Wong Chun were tach sent would be dangerous. The P. W. D. passed vagabonds. staircases erected against party walls. In this

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peremptorily rejected all overtures in the way, an of a pardon. It was an ideal island from the point of view of the orthodox South Sea trader. It is now unfortunately an American port, and its great value, as a mere hypothetical destina-

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