1905-07-29 — Page 12

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LEGISLATIVE COUNCIL.

27th Inst.

A meeting of the Legislative Council was held this afternoon. Present: His Excellency the Governor, Major Sir Matthew Nathan, KC.MO. R. His Excellency Colonel Dar ling, C.R., Hon. Mr. F. i. May, C.Mo (Colonial Secretary). Hon. Mr. L.. A. M. Jobs stan (Colonial Treasure), Hon. Sir II. Spencer Berkel y (Attorney General), Hon. Capt. LA W. Barnes-Lawrence, R.M. (Harbour Master) Hon. Mr. W. Chatham, (Director of Public Works), Hon, Sir C. P. Chater, C... Hon. Dr. Ho Kai, C., Hon. Mr. R. Shewan, Hon. Mr. Gershom. Stewart, Hon. Mr. C. W. Dickson, Hon, Mr. Wel Ynk, and Mr. A. G. M. Fletcher (Clerk of Councils).

MINUTES.

The minutes of the last meeting were read and confirmed.

Mr. E. A. Irving, Acting Registrar-General, took the path of office and his seat at the Council as Registrar-General.

The Colonial Secretary moved that the report: of the Finance Committee (Na, 4) be adopted.

The Colonial Treasurer seconded. .. Carried

The Colonial Secretary laid on the table Financial Minutes Nos. 20 to 23 and moved that they be referred to the Finance Committee."

The Colonial Treasu.er seconded. Carried.

2,131,23

1905.

THE HONGKONG TELEGRAPH, SATURDAY, JULY 29, The Bill consisted of ons clause as follows:¦ | Council in 1902 supported this refusal. A péti» ↑^« (ii) The only evidence as to the value of A sum of two hundred and one thousand tion for full and fait compensation was present Marine Lot No. 184 at the time the reclamation five bundred and fifty-five dollars and twenty ed to the King on the 42nd May, 1003, and on in front of it was commenced, which can be cents is hereby charged upon the revenus and the 17th July of that year the claimants were derived from the Survey Report and Valuation other fands of the Colony for the service of the notified that His Majesty had not been pleased of Messrs. Palmer and Turner, dated the 19th year 190s, the sum so charged being expended to give any commads regarding their petition, September, 1899, put in by the claimants, is As a result, however, of some further corres contained in the statement that they valued the as hereinafter specified; that is to say Pension.............................$ 11,047.01 pendence in the matter, Sir Henry Blake, then land in front of the lot when reclaimed at Governor of Hongkong, offered the claimantsan 515 per square foot. It was not shown that Botanical and Afforestation Dept.... 2,919,98 amount of $24,367,50, Le, at the rate of 75 cents the reclamation was worth less per square foot Land Court, New Territory 13,038.59 per square foot of Barine Lot No. 184 in respect than the value of the old marine lot in front of

of damage sustained on September tet, 1808, which it was created. Ecclesiastical..........

owing to the reclamation in front of that Lot Transport

offer which took the place of Major-Gene Miscellaneous Services Public Works Recurrent.............. 43,911.8 ral Black's award of the and ovember, 1898, was not accepted by the claimants and Ordinary Expenditure......393,141.08 after some farther correspondence, the Sacre Pubile Works Extraordinary... 109,414.19 tary of State on the 9th August, 1904, ordered further inquiry in a despatch addressed to me Total Supplementary Votes ...$201,585.20 as then Governor of Hongkong in the following | square foot. These lots are in much the same $2.50m $1.00 per square foot. The total amount for loss of rents subsequent to the 1st January,

Treasury46+972

1,200,00

13,997.12 7.729.32

termi

"I request that you will make further inqui ry into the matter and report to me whether or oct, in your opinion, Messrs. Howard and Ste further compensation."

On the whole, taking into consideration the | filling behind it, there was some uileration in reply of the Judicial Assessor to the fourth the sea-bed opposite Matine Lot No. 184 and. question put to him; 1 feel justified in neglect that this soa-bed may have been further affect. ing Mr. Turner's evidence as being based on ed by the demolition by the claimants of their only remotely relevant data, in accepting the wharf and the consequent dispersal of the stone. higher value given by Mr. Ram, in treating the filling under it. I am satisfied, however, that? sales in October, 1899, and May, 1950, as evi- this alteration did not detrimentally allset the dence of the value of the property having, sub godowns from which, according to Mr ject to temporary fluctuations as new properties Howard's statement, the net rentals derived came on the market, generally advanced sub were greater in the years roga to 1895 (except- all in treating as the most correct valuation for attaining In the year 169s an amount which, sequent to the i.September, 1898, and efter for one year 1893) than in any previous years, this date that made by Messrs. Leigh and according to Mesars, Leigh and Omages Orange on the 28th December, 1898. This valuation No. represented the godowns valuation was $2.50 per square foot...

being constantly full. No evidence was brought, forward by the claimants to show that there was shoaling between the 1st January, 1896, and the 1st September, 1898, and I am of opinion that there was no such shoaling, Agenda

I accordingly disallow the claim for $25;143:00 1800, which I consider should never have been put forward)

13. The next Item of the claim is for interest. The claimants are entitled to receive interest-

14. After fully discussing with the Legal Acsensor bin reply to the 7th question put to the date of payment of the award,

Except in calculating the value of the Lot alter conversion, no attention has been paid to the various valuations of the buildings on 1-$55,600 according to Mesars. Leigh and

Mr. Turner in cross-examination stated that he had valued the New Marine Late Nos. 104

to. The depreciation in the value of Marine 205 and 186 in June, 1891, and June, 1896, at $3 per square fast. He further stated that Marlue Lot yo, 199 on which a small balance Let 184 on ceasing to be a marine lot on the ($2,000) had sill to be paid to the Frayset September, 1898, appears from the fore. Reclamation Fund was sold in 1898 at $3 a going to have been at the rate of $1.50 relative position to the harbour and town as due for depreciation is thas $32,481, the former Marine Lot No. 194, except that they are vary slightly nearer the centre of the Masars Palmer & Turner's statement, dated City,

Turner's evidence, went to prove that the value of the land forming Marine Lot No. 184 very slightly over that value in 1898.

(iii) Messrs. Denison, Ram and Gibbs's valuation per square foot of Marine Lot No. 184 at the time-1899 or thereabouts when the access to the sea was interrupted to such an extent as to render the property in question, and the buildings thereon, in great measure cording to Mr. Ram's statement of the 14th

Each of the items was taken separately. On the item "Pobile Works Extraordinary, Mr. Shewan said How do you estimate the ment? You put it down at $100 and it comes to $118,000,

The Director of Public Works-That is sim ply to keep the items on the Estimates. It is ants and the Colonial Government were repre. | in 1895 was about $3 per Square Foot, and Sholton Hooper, These buildings, which cost him, I have decided that the costs of the pre

stores account of the Public Works Depart-phens are entitled to any, and if any, to what the 19th September, 1809, together with Mr. Orange, 545,000 according to Mess. Palmer on 335,729 from the 1st September, 1898, to

not in any sense an estimate of the amount required.

Mr. Showan-Surely it is misleading to say you only spend too when as a matter of fact you spend Str8,000,

The Colonial Secretary--The stores.refer to The Colonial Sacretary laid on the table the the new Law Courts, etc. following Sessional Papers :---

PAPERS.

1. Minutes as to the effect of Government market rents and slaughter house fees upon the retail setting price of beef and mutton,

2. Returns of the Subordinate Court for 1904. 3. Governor's award relating to the claim of Mesir. Howard and Stephens for compensa. tion in respect of M. L. 184.

4 Supplementary Colonial Estimates for

1904

*

SUPPLY BILL..

The Colonial Secretary moved the first read- ing of a Bill entitled. An Ordinance to authorize the appropriation of a supplementary sum of two hundred and one thousand five hundred and fifty-five dollars and twenty cents, to defray the charges of the year 1904,

The Attorney General seconded. Carried.

The Colonial Secretary said--Seeing that the whole of this supplementary provision has been already voted from time to time on the hoancial minutes and adopted by the Finance Committee it is desirable, if no member has any objection to the course proposed, to have the Bill read a second time now, and to remit it to the Finance Committee, and subsequently to a committee of the whole Council, so that we may get the Bill through to-day. Therefore 1 beg to move the suspension of the Standing Orders.

The Attorney-General secunded. Carried.

The Colonial Secretary moved, and the At- torpey General seconded, that the Bill be read A second time and referred to the Financo

Committee.

Carried.

The Council then adjourned.

FINANCE COMMITTEE.

A meeting of the Finance Committed was then held, the Colonial Secretary presiding. The following votes were recommended for adoption by the Council

WATER EXPENSES.

A sum of two thousand dollars ($2,000) in aid of the vote Police, Sub-Department-Fire Brigade, Other Charges, for the item repairs to engine, hos, &c.

I accordingly held a public inquiry on the 3rd, 4th and 5th July, 1905, at which the claim sented by Counsel who cross-examined the surveyors and other persons having knowledge of the value of property at Hongkong, whose statements in support of, or against the claim, were laid before me,

$10,000 according to Mr. Danby and to Mr. and Turner, $60,000 according to Mr. Ram, originally $36,00, were generally slated to cost of building operations in Victoria As the claimants to England should be given to. have gone up lo valce owing to the increased sent proceedings and of the Petit'ont sent by

ceedings. subsequent to the conversion of the marine lot them, but no costs on account of legal pro into an inland lot they were used, and at the present day are used, as godowns, there was and after the conversion.

Mr. Shewan-Whoever estimated them must this award as Appendix "A", of thoseless for the purposes of Godowns" is, ac / practically, no difference in their value before September, 1898, together with the casts of the The Colonial Secretary-It is only à matter appendix "B" and of the short-hand writer's June, 1903, put in by the claimants, $4 a square tudicial Assessor to the fifth question put to

have known they would be more than $100.

of accounts. It is estimated in the expenditure on public building.

6. Copies of the documents put in evi dence by the claimants are annexed to put in by the Colonial Govemment as notes on the verbal evidence as Appendix "C

Reference was also made in the course of Mr. Shewan-It is a curious thing to go and the heating to various sections of "The Praya estimate when there is no estimate there at all.

Reclamation Ordinance, 1889, which is print The question then closed and the Bill passeded as No. 6 of 1889 in Volume I of the Revised Edition of the Ordinance; to the Record of the Finance Committee.

Proceedings printed for the Privy Council for the hearing of the Appeal from the Supreme Court of Hongkong, and to the correspondence and statements printed with the Petition to the 7. At the conclusion of the hearing, I put to the Chief Justice, who sat with me as Judicial The Colonial Secretary reported that the Assessor, a series of questions bearing on the Bill had passed through the Finance Com-legal points involved in the case. These ques mmittee and moved that the Council go into tions and His Honour's replies are set forth in committee of the whole Councit to consider Appendix "D."

Mr. Gershom Stewart-When do the items about the increased cost of the postal service coma on?

-The Colonial Secretary-They come on next year with all the other supplementary votes,

The Council then resumed, and His Excel-King of the 22nd May, 1903. lency the Governor took the chair.

the Bill.

The Allorney General seconded.' Carried.

The Bill passed through Committee and on the motion of the Colonial Secretary, seconded by the Attorney-General, was read a third time and passed.

The Council then adjourned sine die.

BEEF AND MOTTON PRICES.

MARKET RENTS AND SLAUGHTER-HOUSE FEEA.

The following minute, dated roth inst, as to the effect of Government markel rents and slaughter-house fees upon the retail selling price of beef and mutton, was laid before the Legislative Council by command of His Excel lency the Governor

Market Bents. The total rents paid by beef and mutton shops in the markets amount at the present rate to $10,889.40 a year.

The dead weight of beef salt during 1904 may be estimated 5,651,983 lbs. and of mut ton at 941,633 lbs., making a total of 6,593,616 lbs. Of this total, roughly one-eighth is old in the markets. The increase in price per lb. due to market rents in accordingly $10,889.40 divided by 5,769,4 4 $0.00188.

Slaughter-house feas.The incidence of the lee falls equally upon all parts of the animal, The Colonial Secretary said that this was a viz., on the skin, blood, offal, hoofs, meat, etc. The live weight of the animal has according sum which was spent at the end of last year and the excess was due to the long droughtly been taken in estimating the effect of the and the shortness of the water supply.

Government fee upon the selling price.

30,829 cattle and 23,736 sheep were killed Carried.

during the year 1904. $2,331.60 was received in cattle fees and $4,747.20 in sheep fees during bis period, Estimating the average live weight of cattle including calves at 400 lbs. and of sheep at 95 lbs., the price per lb. is in creased by Government fees by $17,078.80 divided by 14,585,520-50.00171.

The price of meat is therefore raised on the 1699, to 1st August, 1995, at 7 %... 17,394.75 whole, owing to Government charges by

50.00359 per lb.

MESORS, HOWARD AND STEPHENS'S CLAIM

A sum of thirty-six thousand and four dollars and thirty-four cents ($36.004. 54) in aid of the role Miscellaneous Services-Other Miscella neous Services, for award to Messrs. Howard and Stephens Award

interest thereon from rat September,

Deduct amount paid on

29th August, 1933.......................$15,000,00

and

Interest thereon up to 18t

August, 1905......

3,019.45

$53,023.79

17,019.45

$36,004-34

Talal............ The Colonial Secretary-Hon. members have had the award before them, and they will under stand the expanditure they are now asked to

Vole.

Mr. Shewan-Do Messrs. Howard and Stephens accept this as a final settlement?

The Colonial Secretary-Well—

A. W. BREWIN,

Registrar General.

WEST POINT RECLAMATION,

'CLAIM OF METERS. HOWARD AND STEPHENS,

The following Award was laid' on the table at the Lexislative Council meeting as a ses- sional paper!

This claim was for an award by the Go. vernor under section 8 (6.) of "The Prays Re clamation Ordinance, 1889 of such a sum of money as in his absolute discretion he might think sufficient as and by way of compensa- tion for any injury that the claimants, as owners of the former Marine Let No. 184, may have sustained by the works carried out under the

Mr. Shewan--They haven't agreed to this? The Colonial Secretary-No, we have not ordinance. offered them the money because it had not yet been voted,

Mr. Shewan-They did not treat the award as a final settlement? Did they agree that it should be final?

The Colonial Secretary cannoj say. The Attorney General-14 is open to them to take it or leave it or get nothing. It is purely An ex gratia act.

The Colonial Secretary-if they don't take it then they are not likely to get any further consideration.

The vole was passed,

KOWLOON-CANTON RAILWAY. A sum of twenty-five thousand dollars

($25,000) being the salaries, &c., of Surveyors, and other liabilities for the Kowloon-Canton Tallway.

IMPROVEMENTS IN KOWLOON. A sum of thirty-five thousand four hundred and ninety-nine dollars ($35,499) to aid of the vote Public Works Extraordinary, being com pensation to the owners of Kowloon Marine Lots Nos, 3, 4, 5 and 6 for resumption of por tions of the lots for the purpose of widening Salisbury Road.

2. The lot which had an mea of 32,481 squa. re feet, and mean depth of 326' 9", fronted for 100 feet on the 30-foot public road known as the Prays, which separated it from the harbour, and was otherwise bounded on the west and south by public roads and on the east by other lots.

3. It was purchased by Mr. M. J. D. Step hens from the Hongkong Fire Insurance Com Dany in September, 1884, for the sum of $6,000, and godowns were erected on it to the value of about 536,000. In 1886 the claimants commenced carrying on the business of go. down-keepers.

8. The first point for decision is what was the value of Marine Lot No. 184 at the time it ceased to be a matine lot. According to the statement of claim this value was $282,000.

(i.) This sum of $281,000 is practically

foot

The first fact on which this valuation is based was a valuation made by Mr. Ram in 1897 of Marine Lots Nos. 188 and 189 just a little further west of Marine Lot 184: With regard to this he says This property is very similar in character, having a frontage on good water and being also a corner lot, with a frontage on three sides upon, public streets and being also of the same area and covered with godawns of the same character The valua tion for this property was 53.35 per square foot. The second lact brought forward in favour of the valuation of $4 a square foot was the sale in 1933 of Marine Lot No. 180 at a price slightly in excess of 57 per square foot.

In cross-examination Mr. Ram stated that the date of his valuation of Marine Lot Nos. 168 and 189 was the 15th December, 1897, and that there had been a general rise in the value between the years 1897 to 1903,

Messrs. Denison, Ram and Gibbs' statement,

Messrs. Denison, Ram and Gibbs further submitted a valuation of the property deduced from the rents obtained from the ground floors of Godowns in the vicinity in 1899 This valuation which amounted to $184,184, and in any event would require various corrections, need not be considered in view of the Judicial Assessor's reply + th first of the questions

dence went to prove that the value of the land 3rd of the three valuations put in by the claim-dated the 14th June, 19 s. and Mr. Ram's evi ants as having been made by Messrs. Leigh forming Marine Lot No. 184 on the 15th De & Orange, on the 28th December, 1898, for the cember, 189, was about $3.25 per square foot property as it was in 1895. It also corresponds and that subsequently the value TORE. approximately to the end of these valuations. According to the Judicial Assessor's reply to the second and third of the questions addressed to him, if the system of capitalising the net rentals obtained from the property be adopted, these valuations require corrections which, (together with an alteration in the rate of capitalization from 6% to 7% shown by the evidence to be necessary), reduce their amount to that of a valuation on this basis by Mr. Danby, a witcess for the Crown, viz., to $143.157 If this were held to be the value of the pro perty and if Messrs. Leigh & Orange's valua tion of the buildings on it, viz., $55,600, were taken, the value of the land per Square Foot in 1895 would be $143,157-$55.600 divided by 32.481-53.70.

pul to him.

(iv.) Mr. W. Danby in parapraph 9 of his statement, dated the reth June, 1905, put in by the Crows, estimated that in 1895 the ground alone of Marine Lot No. 184 was worth $3 a aquare foot.

(v.) Mr, A. Shelton Hooper in his statement, dated June, 1905, nut in by the Crown, taking into consideration that Marine Lot 184 was a corner lot having a franinge on Whitty Street, considered the land to have been of the value of $3 per square foot in 1895, He also made a valuation (3147,227) based on the rental of the property, but this, for the reasons gives with regard to other valuations on this basis, may be neglected.

Messrs. Laigh & Orange's first valuation, however, gave the value of the land at $5 per square foot This valuation was, according to the evidence given by Mr. Orange, based on four facts. The first of these was a payment of $1,700 offered by the Government in November, 1887, on account of the land of which Mr. Stephens was actually given

Taking into account the evidence that the possession under the Crown Lease being 339 value of Marine Lat No. 184 per square foot was in 1881 about $3.50, in 1895 about $3, and quare feet short of the aren mentioned in the lease. This difference was owing to at the end of 1897 about $325, I am of opinion the encroachment of an adjoining Chinese that on the at September, 1898, the value per square foot of the lot as a marine lot was pro- owner, which existed at the time when Mr. Stephens purchased the property In Septem bably about and certainly did not exceed ber, 1881, for about $2 a foot, and the conten$3.50. I have taken the 1st September, 1898, t.on of the Crown was that the offer of $1,700 as fairly representing the time when the status in November, 1887, was not evidence that the of the lot changed from a marine to an inland value of the property in 1887 was 2 times lot. what it was in 1884, but that it was the prica of peace offered on account of an error made

8

by the Government Surveyor. The offer was rejected and eventually $5,oco was paid to Mestrs, Howard and Stephens. It was sot contended by the claimants that this payment showed the actual value of the land to be 55,000 divided by 339-$14 75, and I am unable to consider that the original offer of the Go- vernment represented only the actual value of the land..

The second fact brought forward in favour of the valuation at $5 a square foot was that section of The Praya Reclamation Ordinance provided for the cost of the works including a "sum not exceeding one bundred and five thousand dollars for the purchase of a portion of the land in course of reclamation opposite. Marine Lots Nos. 95, 96, 97, 98 and 105." It was admitted by the Crown that the area of the land in ques- tion was about 21,000 square feet, so that the price to be paid for the reclaimed land amounted to $f a square foot, but the Crown contended that this price was affected by the upsetting of an arrangement entered into two ye previously with the owners of the pro- party, on which previous arrangement reclama- tion had been commenced and by which their godowns were to have been 40 feet deeper and 35 feet nearer the sea. This contention was supported by the fact that the most easterly of the lets in question (No, tas) was sold in 1893 for $3.76 per square foot only. The Crown also contended that the position of the portion of land in course of reclamation, for which the sum of $105,000 was to be paid, being a quarter of a mile neares the centre of the town was more valuable than Marine Lot No. 184. This contention was not disproved by any of the claimants' witnesses.

the value of Marine Lot No. 184 immediately

4. The next point for decision is what was

after it caused to be a marine lot."-

(i.) According to Messrs. Leigh & Orange's valuation No. 4, embodied in their statement of the 28th December, 1898, put in by the claimants, the value per square foot at that date was $2.50. Mr. Orange in his evidence stated that when making this valuation be was in fluenced by his belief that the value of the land for the purposes of godowas bad gone in 1898, a belief since proved to be erroneous, and that the situation was too far west to be of value for residential purposes. He based his valuation on those be bad made on the and July, 1845, of land in two Lats between Nos, 198 and 184. These valutions were at the rate of $1,65 and $zoo per square foot. Neither was corner to, and the houses on them were nat godowns, (i) According to Messrs. Palmer & Turner's statement of the 19th September, 1899, put in by the claimants, the value of Marine Lot No. 184, after the reclamation had been made in front of it was at the rate of $t.co per square foot, Mr. Turner in his evidence stated that this valuation was made by his partner on the basis of a previous valuation at Stag persquare foot of a property an Inland Lot No. 801 in the Queen's Road behind the Sailors' Home and 580 feet from the sea) occupied by Chinese shops and a vermilion factory. He also stated that bis valuation was based on the assumption that the property had ceased to be suitable for godowns,

(ill.) Mr. Itam, one of the claimants nesses, in hi, evidence stated that, as an Toland Lot, Marine Lot No. 184 was worth not more than $1 or $2.53 per foot in 1899.

...

F. In accordance with the reply of the him, the claimants are entitled to an amount of 10% on that of the depreciation of Marine 01 No. 184 by reason of the afteration is is status, that is, to $3,248 in addition to the $2,481, arrived at in the last paragraph, or altogether to $35,729 against their claim for $172,000.

12. The claim for $25,142 for loss of rents from the 1st January, 1896, to the 10th October, 1899, has, in view of the reply of the Judicial Assessor to the 6th question put to him, to be next considered. The claimants put in three statements to prove damage done by loss of depth of water at the praya wall in front of their lot and consequent impaired access to it, and damage to their business from the time the reclamation work was first commenced to the time when it was carried in front of their tot

(i.) The first in date was Messrs. Palmer and Tumer's of the 29th-August, 1895, based on an

It was to the effect that the that month." inspection by Mr. Palmer made on the 19th of foreshore was exposed in front of the lot at L. W. O. 5. T. for an average width of 24 feet, and that while some silting up might have occurred to the west of a former wharf in front of the lot, (which had belonged to and had been removed by the owners of the lot partly in 1891 and partly in 1893) owing to the ob stacle formed by the stone filling under that wharf which had not been removed, any sliting Lo the east of that obstruction was due to the Reclamation Works. He was of opinion that these works would tend to produce auch sitting and that the "works themselves must also have caused a large amount of earth stuff to find its way into the sea and thus considerably accelerate the deposit on the foreshore,"

Mr. Turner in his evidence states that, be was unable to say whether before the com. mencement of the reclamation boats were able .) Mr. Leigh, whate report, date the at to get alongside the praya at dead low tide. May, 1896, was based on measurements and soundings taken on the 26th of the previous mouth, stated that in the eight years between 1888 and 1895 a very considerable silting up had taken place which he attributed in the first place to the pressing out of the mud and silt by the depositing of the pirra perdue embank ment of the Praya Wall. He made no reference to the effect on the sea Lottom of the remains of the claimants' wharf, icforred to in Messrs Palmer and Turner's statement, nor to the fact that the filling in for the Prays Wall, which formed the westera limit of the reclamation till 1898, had been completed at the en of 1891 or commencement of 1892. Mr. Leigh cop sidered also that this wail acted as a groin causing siling to the West of it.

(ill.) Mr. Denisan, whose report, dated the 24th September, 1896, was based on measurements taken on the ith and 18th April, 1896, staled that the average amount of silting up between 1888 and April, 1896, on one section through the foreshore was between five and six feet. He attributes this entirely to the Praya Wall constructed in 1891-1893, act ing as a groin.

15. therefore award to the claimants the am of $33.729 with intereat on it from the t present proceedings and of the petitions ment by the claimants to England. From this award the amount of $15,000 paid on the 29th August, 1903, with the interest that has the Chief Justice will give instructions to the accrued on it has to be deducted. His Honour Registrar of the Supreme Court to tax the bill of coats in accordance with my finding with regard to it.

M. NATHAN.

Goverment House, Hongkong, 12th July, 1903.

F.M.S. GOLD MINING.

OUTPUT IN 1954.

The following is from the report on the F.M.S. Mining Department for 1904, by Mr. Dykes, the Wärden of Mines-

The total amount of gold exported amounted to 20,157 ounces, valued at, roughly, 0,600,

was as follows The amount obtained from actual crushings

Pahang

| Negri Sembilan :

Total

Tons crushed, (Ounces,

54.95! 12,635 3,438 2,169

58,399 14,814

In addition to this amount 146 ounces were won from alluvial workings and 2,115 duncas from 11,35 tons of tailing by the Cyanide

process..

$

The output from the chief mines in Pahang And Negri Sembilan was as follows

Tant crushed. Ounces,, Raub Australian Malaysian Company Kechan Syndicate

- Kechau Gold Fields

Penjem Batu Bersawah

Total

37.472

7,197

10,820

3,669

103,053

569:

7,213

gog

1395

3438

PAHANG.

2,189

58,399 14,814

The Raub Australian Company's Bukit Ko man shaft is now down to 455 ft, and the bottom levels have been driven at 440 ft. The atone at this level carries very little gold however, An arrangement was entered foto with the Go vernment by, this company for sinking a deep shaft to 1,500 ft. I regret to say that the com pany have, since driving on the 440 ft. Javel at Bukit Koman, come to the conclusion that it le inadvisable to incur any further expenditure on sinking this joint shaft. The Malaysian Com pany's mine at Bukit Malacca was taken over by the Raub Australian Company during the year. On this property the Malaysian Company had sunk a new shaft to a depth of 130 ft. This company started to work alluvial gold at Sepan, near Budu, and laid dows a fine hydraulic ins stallation. The results of their operations were

most unsatisfactory, and they have since stop, ned work and removed their plant. The Seline sing Company bave done no work on their land, with the exception of treating tallings. There are now finished and no work at all is being done. The Penfom Company stopped work entirely during the year and their concession (iv.) The only other evidence put forward by has reverted to the State. Kechau Gold the claimante in connection with the claim for Fields and the Kechau Syndicate to: damage on account of alteration of sea bottom wards the close of the year decided to between the 1st January, 1896, and the oth amalgamate, and these properties will be work October, 1899, was that contained in the followed by the Kechau Gold Fields. The number ing extract from the statement, died the 14th of labourers employed by all the companies at June, by Mr. Ram

NEGRI BEMBILAN, CANA

"This work was initiated in 1889, but the the mines was roughly 900, actual work of reclama ion-o far as concern. ed Section 1, in which district Marine Lot No. 184 is situated-was not in hand until soma years later and it was not until 1899 or there- abouts-though there had, I believe, been some interference at an earlier date-that the access to the sea was interrupted to such an extent ax to render the property in question and the buildings thereon, in great measure useless for the purposes of godowns, for which it had been bought and developed."

The Batu Berawah Company have sunk a new main shaft to 156 ft. and; further sloking will be proceeded with when the new machinery is erected. The company bare during the year to the fact that they have been unable to keep worked under considerable difficulties oring the old shaft dry and at the same time wind stone. The year 1905 will see a great step in the further development of this property and from past results the prospects are hopeful, The labour force employed in about 250.0 GENERALE

CANTON KOWLOON RAILWAY.;

(y) For the Crown, Mr. Danby, in paragraph 7 of his statement of the 20th June, 19:5, re

With the exception of a few ounces of alluvi ferred to observations extending over the whale. period of 1. w spring tides in March, 1806, which al gold from Perak, that State and Selangor led him to report to Government that the Praya are non-producers. The year under review, as Reclamation works up to that time bad not in far, as Pahang is concerned, in the gloomisst, witjured the godown business on Marine Lot 184 one for years. The Government have done but had been of very great benefit to that busi. their beat to assist the industry as far as possi ness, enabling boats to be discharged along the bie. Kechan Gold Fields with Goverment old, when they were unable to make fast to the assistance is developing two lodes and erecting (iv.) Marine Lot No. 184 was actually sold new, Praya Wall. To this statement Mr. Danby machinery with a view to exploitation at tho

adhered when cross-examined.

A deeper level. It is to be hoped that the gloom (vi.) It was supported by the evidence of of 1904 will be removed by satisfactory develop for $to,pro on the sath October, 1807

According to Masaro. Palmer & Turner's Mr. Boulion, the other witness for the Crownment in 1905. gadgette valuation prepared for the chimants three in this matter, who considered, in this state weeks before this sale, the value of buildings ment of June 28th, 1905, that the Reclamation was $45,000. If this were correct they received Works sheltered the landing place opposite. for the land the sum of $65,coo, ff, the same Marino Lot No. 184 "from the prevailing sum that they gave for it in 1884, 14, about winds, as well as from the prevailing current."

Mr. Boulton with a supplementary statement the House of Common on the arst ult. per square foot.

(v.) According to the statements of Messrs. submitted a plan dated, the 3rd March, 1896, Mr. Weir asked the Under Secretary of State Danby and Shelton Hooper of June, 1905, put which showed from surveys taken in October, for Foreign Affairs, seeing that the preliminary in by the Crown, the sale of October, 1899, 1889, Angust, 1897, August, 1894, July, 1805, contract for the Canton Kowloon Railway was de was no criterion of the true value of the pro and February, 1896, that the shoaling that took signed in the spring of 1899, will he stale the perty, the small amount received being pro place within the period they covered was very cause of the play la proceeding with the cons bably due to the depressed state of the property slight and could not have affected the access

Earl Percy: As stated in my answer to the perty realized Stocco, and making the same downs. Be further stated as follows phon. member on Feb. 10, 1004, segotiatioun After March, 1896, the causes which had for the conclusion of the dual agreement for deduction of $45,000 for the buildings, the yalus of the land was then $1.91 per square produced the shoaling ceased to operate, and the construction of the Canton-Kowloos lisa Mens Judging by my previous surveys 1 should say were to be postponed until arrangements had foot.

The temporary depreciation of the value that there was no appreciable allting between been made for financing the Shanghai-Nanking WWE Railway Slace, the conclusion of the ar (vii) In addition to the foregoing evidence, rangemente: negotiations for the dust contract March, 1895, and 1899, the correspondence on the subject of damage of the Centon line Have been resumed, and His one to Marine Lot No. 184 by the Praya Majesty's Government, haya: erged upon the cclamation Works, which took place between Chinese Government the Importance of a the 4th November, 1891, and the 11th January early settlement 1896, including the af letters from Mr. Howard comprised in it, has been considered headge The conclusion I have come to is that, as a result of the construction at the end of 1891 and branch of the son wall and as a result of the commencement of 1893 of the right-angle

On the 10th May, 1889, "The Praya Re- clamation Ordinance was passed. This Or dinance contemplated the building of a sea wall 260 feet in front of the existing prays wall

The third fact brought forward in favour of The Colonial Secretary said it was quite ap apposite the claimants' lot and devollng 25 the valuation at 55 & quare foot was that the parent what this item referred to it was in feet of the land thereby reclaimed to a wideas tot (then 12,820 square feet) had been sold in connection with the survey of the Kowlooning of the existing road, 160 feet to a new

Marine Lot, and 75 feet to a new Praya Road..1881 for $85,000, or at the rate of $3,59 per Canton rallway.

In the latter part of 1891 and early part of square fool. It was contended that this re Carried.

1893, a sea-wall 260 feet in length was con presented more closely the value of the lot than the sale at it mortgage value in 1884 It was further contended that there had structed at right-angles to the line of the Frays about 40 feet to the east of the eastern boun

been a general rise in the value of property dary of the claimants' lot. This was the wes tern limit of the Reclamation Works as carried since 1881. The above fact and the conten. out fill the year 1898 In April of that year ions were not disproved by any evidence work was commenced opposite the claimants brought forward by the Crown

In re-examination Mr. Orange stated that lot, and as ibe and of that year or commence ment of 1899 the conditions of the original some Marine Lots were of double the value of Marine Lot became practically what they bave the corresponding Joland Lots.

The fourth fact brought forward in favour of since remained as regards accessibility from the valuation at 15 square foot was that the yea..

On the 32nd November, 1898, Major-Gen. Mesars. Ieigh & Orange's second and third eral w. Black awarded Mesite. Thomas Ho valuation based on the capitalised value of the ward and M. J. D. Stephens, lapees of Marine not rentals exceeded the combined value of the Lot No. 184, the sum of $15,000, and by way ined and buildings as otherwise ascertained These valuations resting, however, on incorrect of, compensation for the injury, that they had hats, the argument in favour of the super sustained by the Praya Reclamation Works,

5. The claimants applied to the Supreme square foot value of the land in 1895 derived Messrs. Leigh & Orange's statement, dated Court of Hongkong in the Original Jurisdiction from them, may be neglected. to set aside this award, and their uit was dia- missed on the 1st December, 1900, generally on the 28th December, 1898, and Mr. Orange's

The Colonal Secretary stated that the pro pored widening of the road was to improve the communications of Kowloon giving access to the new Ferry pior and it was necessary to resume several lots which were in private Ownership in order to widen the roadway.

Carried.

:

THE BUPPLEMENTARY PROVISION BILL. The Committee then took up consideration of the bill entitled "An Ordinance to authorize the Appropriation of a Supplementary sum of two hundred and one thousand five hundred and fifty-va dollars and twenty cents, to defray

the charges of the year 1994.

The Colonial Secretary said that the sums meationed in the Bill were voted last year by the Council and now it was necessary to tegalles all store votes.

|

The grounds that the Court had no jurisdiction evidence prent to prove that in 1881 the land in the matter under the Prays Reclamation Or- forming Mains Los No. 184 was wonhap dinance. The Supreme Court subsequently proximately $1.50 foot and that there had refused an application for special leave to gp. been a rise in its value between that dale and peal, and Judicial Committee of the Prify 1895

struction of the fine, assembly market. Seven months after this sale the proof cargo-boats to the Praya opposite the

of property in the vicinity of Marine Lot No. 184 about the time of the claimante sale of that lot is reasonably accounted for by the building of new godowns in the vicinity. Mr. Orange in his evidence stated that his firm had completed saw godowns on the Ints in front of the former Marine Lots Nos. 204 and 205 somewhere about 1897 and subaquently Mesars Palmer and Turner completed those in front of the former Marine Lot Now 186 and 185. These lots are those immediately cast of

Marine Lot No. 18.

is

been made with the Canton-Háskow "trick

Mr. Weir further asked what progress has

line of railways

Earl Percy: So far as we are aware no sub building of the Canton-Hankow tingi stantial proginas has yet been made in the