the draft on The
!
What
175
Mr. Lodeh-Judgment for plaintiff, and costs to be paid by him?
His Lordship—Yes. Mr. Leuch-Separate cists have been incurred, His Lordship-That is a matter for the Re- gistrar. There are regular rules for taking costs where three or four defondants have had the same solicitor. There ought to be no diffi. culty about it.
March 6, 1895.1
CHINA OVERLAND TRADE REPORT.
Consul. And he acted till the 14th Januay, when | of the contract; that she is not fit for the Mr. Francis-1 intended to ask your Lord- be bad some quarrel with Pronchandy and left bin, service intended, and that the plaintiff has the ship to make an inquiry into what we did not Mr Francis coutoads that oven if every word that right, to repudiat, the whole contract. The go into.. Lawrenc and Domee say is true there was not defenduts are condemned to pay lick the His Lordship-Tha charges for Captain even then sufficient to impresson Chan Chee's mind sum of $13:150 received by the plaintiff, with Barnie's report and for the telegrams could be the all importane» of the questi in of draft ; that inferast at the rate of 7 per cut. per very easily included in the bill of costs. Unless having completed his vessel accorting to the annum from the date of paymnt up to there is some strong authority' in favour of it I dimensions given he has substantially com.this day. The S-11 of S4440 should be should no. b inclin d to grant damages. Of pleted his entráci. He says the question of allowed if provi There is nothing in the con- course if there are strong authorities in favour daft is a question of beam, but no ovil nc • tract about paying for superintendence and of such damages bang allowed I would consider has been given on this point. Draft may b¦ therefore trat item is disallowed, but as I have the matter, baf I would rather that the thing a question of lies. The spefication says that not heard the partias I will refor that item and should b› discussed before I decide, and there- 1,700 pieuls and bruker also the charges for the report and survey of Cap- | fore as my time is getting so short I thought it coal is to be six it. That Lam of opinion me es|1da, Band), Mr Johuston and Captain Chondź- | would-b· better to refer the matter to the Be. that with the : 700 planks on board and otherwiseks, and for the fel gems, to the Registrar, al- gist ar, completely ready for steaming she is to dear 6 ft. 15ních I should have thought that instead of Therefore she should have a certain amount of bung chúigel in this manner they might coal on board, wat er in the boiler sufficient for hava boon inclu led in the bill. of costs. As working, and ber mchor and chaius on board, for the sum of $520`charged for two bills. The report shows her draft to be as follows:- of Prouchandy. I have heard no argument Much has bon said and a good deal o or eviline on the point and therefore, that also evidence given - as to what was the con-will breferred to the Registrar to decid not tract pricinally entered into between Prouehandy only the amount but whether the sum should and Chan Chee.. Was it for the larg steam | be allowed at all. I disallow the sum of $8,000 launch and one small one, or was it the contract claim d f loss of profits. Costs to follow the which is now sued on?. Tho plaintiffs and Den- jovent. This is the judgment of the Court and nee both siỷ the present contract was the only what follows therefore. forms no part of it. I oge entered into between the parties, whilst the am going to make a remark which I have no defendant contends that there was at first a cou-donbt is very unusual fa a Judge to make. I tract for the on Furgo steam launch and for one | have no doubt this judgment will satisfy neither small one only and that such a contract was party, but I think both ought to be satisfied actually signol before the French Consul; that with it, because both are to blamb for the afterwards the plaintiff wanted another lunch, position which they are placed. Pronchandy the contract or contrae's were detached från for having signed and acepted such a contract the specifications and destroyed, and a new one without having any advice. He should have signed in Marty's office. Both parties se vory | placed himself in the hands of a reliable firm positive on the point, but I do not see what and sought professional and independent advice, differene. it would make or what interest either and if he speaks the truth when he says that Senior Luspector, withdrawing his application party could have in not, stating what was the large Junch is uselss he should consider the truth on This point. I believe neither himself very fortunato in not being obliged to party can read English, and it is thereford probe take her, even if he has not obtaine all that he able that one or perhaps botteára lab geing nuder asked for. Chan Cues is to blam bagus tha some mistake on this question. I cannot ses large launch does not fulfil the conditions of wby Prouchandy should deny it if there were the contract as to draf, for the delay which to contracts, nor why Chin Chee should chutend | took plac», the defective gross-bram, and other there were, as it makes no differenes to either details, and for the unsatisfactory trials, and for of the.. And also the same may b› said of the not calling up our Prouchanly to be present at the plan. No plan is man ioned in the specification; subsequent on. If one launches are as good if Lawrence had prepared a plan and Chan Chee as he says they are he should be able had built decording to it, and the boat did not sell them with less loss than if I had then fulfil the conditions, this fict would, if obliged the plaintiff to take them and al- Chan Chee had acepted the plau, hay greatly low him the penalty of $25 per diem ip to exculpated Chan Chee. I find therefor that to-day with a reduction in the price of the large Chan Chee was informed for what purpose the launch 1 compensate for the loss of cargo by Goat was required and was toli that the specified | the extra draft.
HONGKONG SANITARY BOARD. The fortnightly meeting of the Sanitary Board was held on the afternoon of the 28th dlt. under the presidency of Mr. F. H. May (Vice- Cooper, Director of Public Works, Dr. P. B. C. Thor were also present Hon. F. A. Ayres, Colonial surgeon; Hon. Ho Kai, Dr. Hurtigau. Mr. J. J. Francis, QC, Mr. R. K. Leigh, and Mr. 11. McCallum. Secretary.
President).
AN APPLICATION WITHDRAWN. A lotter was read from iu pector Germain,
for leave.
AN ADDITIONAL CLERK WANTED. The S CRETARY asked to be allowed an ad- ditional clerk as of late there had been a con- siderable increase in the work of the office. It was first of all suggested that a clerk should be employed at a salary of $20 a month. Mr. FRANCIS, however, thought this insufficient, as it would be well to get a clerk who could copy let- ters and fill up various forms. batter to employ a European or an intelligent Poringueso, at a salary of $70 or $80 a month. The Board adopted this suggestion, and resolved to write to the Governor for per- mission to employ an extra clerk.
It would
THE DRAINAGE OF THE CITY,
dpth should not be excelled. The plaintiff His Lordship-There is another question of | Acting Colonial Secretary:-
Alr. Francis--Yes my lord. His Lordship-Do you apply for costs. Mr. Francis-Yes, my lord. I should ask for his costs and I also ask your lordship to decide the minor points at ones in order to save parties exp us and loss of time.
His Lordship-It is very possible you may agroe about the sand ballist. I think all the costs neessary for the trial should be paid by the defendants.
❤
Mr Francis-That was not specified in tho contract; it was not specified who was to make the trial,
1
His Lordship-Would it not be better to dis- cus: that before the Registrar?
Mr. Francis-Tho amounts at stako are so small and are not really worth the trouble and expense of going before the Registrar, especially considering the amount of time that has already boon spent over the case. Your Lordship has disposed of the principal items
in his evidend) has fully described his basicosts in regard to ond of the defendjuts in the ness the river on which the steamer was intended suit which was withdrawn. to ply, and how he intended to employ her, and has sworn that as she draws so much more than six feet, she is useless. No evidence, has been called to contradict this. It has been proved that instead of carrying 1,700 piculs on a six foot draft, she will carry only about two thirds of that, The question is, then, can I oblige the plaintiff to accept the launch by awarding him as damages such a sum as woul! compousate him for this loss of freight? I am of opinion that the propor- tion of loss is so great that it is most probable that to run the launch only two-thirds full would be to do so coutinually at a loss; therefore the plaintiff would be forced to discoutinno trading with her. I am of opinion that the large launch does not fulfil the requirements of the contract and that the plaintiff should not be forced to take ar. I have now to consider whe ther the contract is a divisible one or not. That is a question difficult to decide. The contract provides for the building of three steamers for three separate prices, which are set out. The payments are not proportioned to these prices, but are to be made on the total price. The threa steamers are to be completed and ready for sea by a certain date, and there is one penalty of $25 per day. Suppose that instead of the large, launch not being acceptable, the fault was with the two small ones, and that without them the large one would be us1.ss, as having no feelers on the branch lines, would it bo reasonable, when plaintiffs had contracted for three, to make him take one. And Proucbandy Mr. Francis-I do not think it is possible that was to take delivery of the three when completed the report was made in view of litigation. and after satisfactory trials-and only one pan was almost a matter of course after making alty is provided. I hold, therefore, that the such a contract that a good survoy should be contract
divisible,
that made on the plaintiff's own responsibility to sen] and *Prouchandy cannot be called upon to take whether the specifications were complied with.
delivery of the two smaller ones without the His Lordship-I would like to do what you large one. The judgment of the Court is that ask, but I haven't the time. Then the o are The large launch does not fulfil the specifications the telegrams.
not Was
|
His Lordship - Yes.
Mr. Francis-Captain Burnie's survey bill is a matter which your lordship might decide at one, and say whether we should be made to pay for the survey and report made by Captain Buinio solely in the interests of the plaintiff.
100-
The following letter was submitted from the
Colonial Secretary's Office, Hongkong, 18th February, 1805. Sir, In reply to your letter No. 10 of the 13th inst. I am directed to state for the information of the Sani-
tary Board that the Government consider it advisable to deal firet with those blocks which are within the drainage areas of the existing storm water drains. discharging into the Larbour between Murray Pier and Jubilee Street, and that when these are completed those blocks within the drainage areas of the existing storm water drains discharging into the harbour be tween Morrison Streat and Wh tty Street should be proceed with.-I have, etc.,
J. H. STEWART LOCKHART, Acting Colonial Secretary The Secretary, Sanitary Board.
THE STAFF OF THE NEW CENTRAL MARKÉT.
The Colonial Veterinary Surgeon (Mr. C. V. Ladds) wrote in connection with the staff of the New Central Market. He said :-
So far as I can see at present it will not be neces tion of the overscer as recommended in my report sary to make any new appointments, with the excep dated 2nd February. Twelve coolies will, I think, be sufficient to attend to the cleansing of the market, viz., three in each section. They should be under the control of the overseer, and, as in the caso of all the other markets, the premises would be under the immediate supervision and control of the assistant Inspector of Markets and myself.
WATER CLOSETS.
The Board proceeded to consider the report of the Committee appointed to consider the ad- His Lordship --I have not seen that report; it visability or otherwise of permitting the adop. is possible, that the report might have beention of water closets and their connection with necessary. That is a matter which might be considered when the bill of costs comes to be dis-, cussed.
Is
the public sewers in the city of Victoria, The report, which will be found below, was adverse
to water closets.
Dr. HARTIGAN -I beg to move the adoption of the report.
Dr. HO KAI seconded. boni
Hon. F. A. CoOPER-I call attention to one or two matters which should be looked to before the report is adopted.
Mr. FRANCIS-Mr. Cooper suggests that at the top of the second page, paragraph two, a modification is needed to prevent mistakes, and
No comments yet.
Private notes are available after approval.