1913-04-23 — Page 7

A QUESTION OF LAW.

work under the Building Ordin ance he incurred special obliga- Court Sequel to the Big Fire of that he was bound to take all tions aud among them was one

Last Year.

proper precautions to prevent damage to his neighbour's pro- perty.

This morning in the Original Court, before the Chief Justice, Sir W. Rees Davies, K.C., and a

A New House.

Correspondance ensued het special jury, the action was comween the architects of the tivo

for

built. be

to

THE HONGKONG" TELEGRAPH, WEDNESDAY, APRIL 23, 1913.

LOCAL SPORT.

BILLIARDS."

Soldiers' Club Tournament, Excellent form is being shown by the Hongkong Volunteers in in the semi-final in the Soldiers'

Club Billiards Tournament, as a result of which the Volunteers

margin of 243 points at the con- clusion of half the number of games to be played. Mr Ham- ilton of the Volunteers made a good show against Gunner reached the two hundred mark in last night and fine style, one of his efforts boing à 31. Gunner Goodwin, who

monced in which Chan Kau, partics with regard to the are leading by the comfortable trader of 142 Hollywood Road, is party" wall which Wie suing Chan Woon Cheung and

The plaintif Chan Woon Man, of No. 47 required a larger party wall than Hanley St. The action is to did. the defendant, because the recover the sum of $5000, former was in the bappy position us damages,

that the of being able to reinstate his Goodwin defondants, their servants and house eg an old house while the agents, in or about the mouths of defendant was not so fortunate June or July 1912, so negligently in that he had to pull down so and unskilfully carried out certain much of his building that he was managed to put up 111, while building operations, to wit the not allowed to reinstate but had building of a party wall, between to build a new house. That the houses No. 10 ond 21 Lower meant he had to build a new

hia opponent was reaching the full total, had a break of 13.

ARDATH

Lascar Row, and incidentally there- house and comply with the new Though Mr Bullock, did not beat High Class Smoking Mixtures.

of points as did Mr Hamilton, he his man by such a large margin

The full scorea to date are as follow :-

to shoring the front and rear walls ern sanitary regulations and be of No. 19 Lower Lascar Row, the would have to build it one storey yet secured a very good lead over property of the plaintiff, as to lower. The rebuilding meant the Tyroll and eventually won by 37. bring about the fracture and cutting away of a whole storey. His best break was 14 and that of settling of such front and rear The plaintiff set to work and got Tyrell 16. walls of the said house; to the out the plans for bis house and. plaintiff's loss in the sum claimed, they were passed by the Public Mr M. W. Slade, K. C., instruct Works Department. The depart ed by Mr Jackson, of Messre Jolin- ment were then of the opinion son, Stokes and Master, appeared that the front and back walls for the plaintiff and Mr F. O. were sound and in a fit state to Jenkin, instructed by Mr Reader continuo existence as a part of the Ilarris, of Messrs Wilkinson and reinstated building. Grist, for the defence.

The jury was empanelled as follows:-Mesars F. Maitland, J.T. Douglas, II. P. White, M. Beattie, Ho Kum Tong, D. Has

kell and F. C. Wilford:

Mr Slade, in opening, said there

was also a counter claim but his friend and he had agreed that it was purely a question of law the defendants oither got all, or nothing and it was arranged to leave the question until after the jury had retuned a verdict.

After the Fire.

After reading the pleadings,

Then the defendant started to pull down the party wall, and Pparently simultaneously his own front wall, leaving the plaintiff's front wall unsupported in any way by the adjoining building. The obligation to provide proper sharing to support that wall was 19, there was a letter from Mr. upon the defendant, and, on Juno Bird to the defendant's architect asking for additional shoring to

83rd R. G. A. Gunner Bonnett Gunner Campbell "Gunner Goodwin

Gunner Tyrell

H.K. Volunteers. Mr Wolf... Mr Bishop Mr Hamilton Mr Bullock

LAWN TENNIS

**.129 ...154 ...lll

163

557

...200 200

.. 200 ...200

800

1:

H.KC.C. Tournament, Thore wore some interesting be put up. Describing the car-ties played off last night in the

above tournament.

In the third round of the "A"

Class Singles, H. A. Nisbet and

MILD MEDIUM, SPECIAL

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Cushing, H. J. provided. From the men who put Cooper, Mrs. H. in an appearance at the practice

G. shoots a selection of the best Condit, Miss R. twenty will be made, and then, Costello,,Jose. later, the number will be reduced Darnell, H. B. to ten, which represents the Dauglas, Miss E. strength of the team proper. It

is hoped that as many riflemen as possible will be at the ranges on Saturday.

HONGKONG

VOLUNTEERS.

Mr Slade said that the plaintiff ported by a stone jumbo and the M. R. Harris met, and the result O. V. S. Skrimshire state:-

It was as a consequence of this

that the damage claimed for was alleged to have been caused.

a

the

Davis, Mrs, H.. Duffy, Mr. and

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Mrs. 8. Fitzgerald, Mre.. Souter, F.

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. D. Waterhouse, Mrs. E. B.

struction of the frent wall Mr. Slade said that a great portion of the weight of the wall was sup

Corps Orders issued by Captain defendant took this away and was the owner of No. 19. Lower while he shored the wall up suf-the scores being 6-2, 6-2. Nesbit's The following is the result of Fitzgerald, Miss Schrager, R.

was an easy victory for Harris, Blake Shield Competition:- Lascar Road, the adjoining housee ficiently to prevent it falling it handicap of owe 30/2 was too were Nos. 17 and 21. These was not sufficent to prevent it

above Competition:-1st Fish, Jus. houses and certain others in the crumbling. The defendant also heavy for him to be able to get Howitzer Section, 615 Points; Galeason, J. J. Taylor, W. neighbourhood were all gutted by erected a blue brick pier with 55ip of the match, especially as 2nd 10 - Section, 604 Points; Guterie, Major Tobin, M. V. a fire, which took place on Febru lime mortar but this was not in addition.

his opponent was receiving 15/3 3rd Scouts Company, 483 Points; Guthrie, Mrs. A.S. ary 12 of last year. The whole wedged tight and yielded some

4th Engineer Company, 490 interiors of these houses were what before the pressure of the match in which Joseland and Section won the Corps Champion-

There was a sharp tussle in the Points; Gr. Green of the Howitzer Guerdrum, Mr.›

8.

burnt out, the roofs fell in, and

woll,

& Mrs. G. B. they were left standing as mere

eman secured entry into the ship with a score of 80.

Garcia, Rev. F. shells. The day after the fire

Handicap by defeating Woodcock With reference to Corps Orders of third round of the Doubles Lugard Cup Competition Femenez, Rev. the Building Authority, under the

Father powers they had by reason of the

Mr Bird, in examination by Mrowing 15 and the losers receiving will be he held at Kowloon City Henderson, Mrs.

and Bouch. The winners were the April 5, the Competition Hollis, Dr, M. Pablic Health and Buildings Slade, said that neither during, 15/3, a handicap which erred on on Saturday next the 26th instant, Henderson, Miss Waterhouse. Ordinance, served notices on the nor after the building, would he the side of leniency. The first and not as therein ordered. Dress: Belle various owners, with regard to have removed the stone jambeset weat to the losing pair by-Khaki and putties, helmet Henry, J. F." what they had to do as to the There would have been no 3-2, and the others to their and rifle. damage done to their houses. difficulty over the party wall being opponents at 6-4 and 7-5. Some Statute Wharf at 1.30 pm. Con- Hallett, Mrs. W

Herridge, J Launch will leave Hosaeus, K. The notices callod upon the thicker than before: it would good railies were seen, though ditions of Composition: Open to owners to take down the party merely overlap the stone jumbe he losers were always on the all members of the Corps, 5 shots Iscarra, Rev. wall between 10 and 21 and by two inches on either side. defensive and went in for far too at 3 unknown ranges. the dangerous portions" of The pier spoken

Only Father of would the front and near walls. The de have been built in

much lobbing. It will be noted corpa rifles allowed to be used. Jackson, Mra fendant was ordered to take down mortar. He had done similarly fa the same competition Capt. clusion of firing. Entries in Jones, E. M.

cement that the game scores were 16 all. Results will be notified at con- M. G. the party wall and all dangerous in another case and had preserved Crawford and Capt. James (owe writing to be sent the Staff Officer Jones, Mrs. A. parts of his front and rear walls, an old front wall intact. Suppos 15) beat H. F. Thursfield and W. but the plaintiff was given no notice at all with regard to the in the jambe had been damaged, N. Lowe (rec. 4/6) by 6-1, 6.0.12 noon on Friday 25th instant. Kittredge, F. W.

and unable to carry the weight, he The winners are a strong pair. would have built a brick pier in

To-night's Ties-

front wall. The plaintiff's build ing was insured with the Yen On Insurance Co., and immediately after the fire, Mr. Bird on behalf

of the company, inspected the premises.

Inspected the Premises.

P.

J. R

Miss M. Weston, Mrs.

B. F. Waizman, Mrs.

Waizman, Miss

Olga. Westerfeld, Mrs. P. Whitman, P. Wright, Mr. & Mrs. U. E. Withcomb, Miss Young, Mrs. R. O. Hutchison, Sorgt W. Locson, Lucio Young, Miss wedged it up tight, also bricking fessional Pairs, Hon. Mr J. A. S. Private T. J. Fisher, Gunner R. Laing, G. M.

In the third round of the Pro-Stewart, Private P. F. Benton, Long Howard up a window in the basement. Backnill J.K.C. and Hon. Mr E K. Miller. Half the window was bricked in R. Hallifax walked over from

content close to the jambe and.

K.

The undermentioned members Klephardt, W. A. oro granted leave:-Lieut. Lam, Charles. /

The undermentioned members

E. H

Ella F.

Edith

To day's

Advertisements

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GLEN LINE (MCGREGOR, GOW & 00,,) LTD, MARSEILLES, LONDON A

Pte. A. II. Gifford to Right Section, Pte. W. N. Luwe to Scouts Company, Pte. R. G. Munro to Scouts Company, Gunner W. S. Burleigh to 10 prSection. Pte. I. E. Chunnutt, Sapper J. F. Reid FOR and Pre. W. A. T. Bullock are permitted to reaigo.

ANTWERP.

THE Som-hip

lime mortar, but he would have Capt. Atkins and Capt. Walker. having joined the Corps' are al- dono it in comont morlar:

On visiting the premises on night are:-

The ties down for decision to-lotted Corps Nos. and posted as He made a thorough inspection July 13, he found that the stone

follows:- Doubles of the premises with a view to jabe had been removed, a portion

Handicap. Second seeing what repairs were neces of the arch in the top floor had round: Capt Tracey and H. R. sary, whether they would have to either been removed or fallen Phelipe v. C. E. H, Beavis and be pulled down entirely or whe-down, there were cracks over all R. D. Stewart. ther it could be reinstated as an the windows and a portion of the "A." Class Single-Second old house. He came to the con-wall hard come away. Two China round: Capt. Crawford and A, O. alusion that the front wall was fir poles had been placed in lieu of E. Elborough. Third round quite sound and would bear a new the stone jambo. A model pro-Capt. James and Dr Aubrey. roof with the exception of the top duced in court showed approx final: I. E. Clark and J. Mac- B." Clasa Singles.--Semi- storey which would require reimately the condition of the building. The back wall was building on the date of his visit. Pherson. quite safe and could stand as B When he saw the back wall portion of the reinstated building. on July 13 it certainly could not Drollette Cup for Billiarde in General at Tabriz, is starting

In the competition for the Plans were prepared for doing be used as a part of the house, progress at the Y. M. O. A. Mr L forthwith for Urga, where he is this, but meanwhile the defendant The damage was caused by Le Breton 200 has won

two to be appointed Consul-General had taken matters into his own the abutment formed by the hands with regard to the party back wall of No 21 being re-games. On Monday evening he after the raising of the Consulate Hongk pg, 23rd April, 1948, wall between the defendant's and moved, and the lack of sullicient

beat Mr D. A. MeLlood+ 20 by to Consulate-General has been the plaintiff's houses and, on shoring. The back wall of No. C. A. B. Russ + 50 by a similar

10, in 250 up, and last night, Mr approved by the Legislature. February 14, be served a notice 19 had been left unsupported by

the plaintiff under the any other wall at the western end. margin,

од

Y.M CA. BUIllards.

Consular Change at Urga

"GLENTURRET,”

Capt. R. Wetster, will be feip lead

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Public Health and Buildings The shores used for that wall INTERPORT RIFLE SHOOT. Per 8,8. Shinyo Maru, arrived Ordinance stating his intention were very long, of insufficient Hongkong is to make a hold bid 22nd inst., from San Francisco, of pulling down the wall. diameter, and likely to bend. for the interport rifle champion-&0,- He had taken charge of the On July 31 the Building ship this year, and every possible Atrenza, Miss C, Lim Ten-chan work and the plaintif was Authority ordered the back wall effort will be made to secure the Almon, Mrs. 8, not in a position to interfere, be- to be taken down, and the front strongest team which the Colony cause, when there is a party wall and back wall being condemned, oan put together. The com- Admetella, F. between two houses, whoever the plaintiff had to

Cargo Impeding the discharge of build a petitors,Hongkong, Shanghai, Arnhold, Mr. & Millard. J. J. gives notice of his intention to do new house. There was a loss Singapore and

Mrs Ed: Penang,

Movellan, Ant.remaining on board after 4 p.m. the Macdougall, 24tb last, will be handed at Consigneo's The work has the right to do and of floor area, amounting to agreed to shoot off sometime be- Boyd, Mr. and

Mrs. J. N. * Mrs. KAI risic and expense. to recover half the cost from his about 10 per cent, and also there tween April 15 and May 31 Buckner, Dr. and Matsuoka, M. neighbour. After the plaintiff would be, in consequence, a loss So far none of the teams have Mrs. R. O. Mille, Dr. R. H. had received the notice from the in the rental. The plaintiff had shot.

Buckner, H. F... Mills, Mrs. R. defendant he was no longer in a lost the top storey, of his house, The first practice match in Hong Barretto, A. M. H position to comply with the Bail and the total loss in rents per Kong is to take place at King's Band, A. Morgan, Mrs. dieg Authority's notice. However annum was 8339.54 on the old Park range on Saturday, and for Cowman, Mrs.

| this an invitation is extended to M. QU when a man started that kind of

Munrop, J. O, Hongkong 20rd April, 2

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No Fire Insurance will be affected. BRAND Bills of Lading will be countersigned

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