364
Lopez, and Co. Witness then spoke of the rates allowed for food between the various coasting ports, and said he believed the Douglas Company paid similar rates. They were very fair rates.
Cross-examined-He would not like to undertake to feed Chinamenn for five days for 15 cents each; he would not mind feeding Chinamen for three days at 15 cents a head. The voyage from Hongkong to Tainanfoo was of three days' duration. If a vessel were delayed no extra money would be allowed the compradore. Witness was not a partner in the firm of Messrs Villa, Lopez, and Co. He had a share in the business, and the charter had not been a success. Witness had lost money by the transaction. The compradore did not tell him that Villa, Lopez, and Co. had referred him to witness. Witness did not deny that he told the compradore to find the chow. The compradore said he wanted chow, and witness said "Get the chow, and whatever Messrs. Villa, Lopez and Co. agree to pay you, I am willing to pay my share of it." Witness could not-say whether the reason why Villa, Lopez, and Co. seat the plaintiff to him was because witnes had made arrangements about the chow. Witness thought that Villa. Lopez, and Co. were liable for part of the claim. It was not usual, as Villa, Lopez and Co. had stated in a letter, for passengers to pay for their food on the voyage. 25 cents. a head from Hongkong to Swatow was considerably too much; it was a-sixteen hour's ruu.
on
no
Edward F. Birchall said he carried business in Hongkong under the style of Villa, Lopez, and Co. He employed plaintiff as compradore on the Ask, but made arrangements whatever for supplying the Chi- nese passengers with chow. It was not until the third voyage was over that he knew it was customary for the compradore to supply the chow: he had previously thought the passengers paid for their own chow. The compradore's duty was to collect money from those pas- sengers who did not have tickets. Witness had received from the compradcre only 851 tickets and also 857. representing
an ad. ditional 57 passengers.
Cross-examined-Witness had known since
October 13th that the plaintiff had charged for too many passengers, but it could not be proved that those extra passengers did not travel. Of course it was possible that, witnesss's agents in Tainanfoo or Amoy had received payment from the
bat in that case the books would passengers, show that the extra tickets had been sold. Witness had half SL share in the charter. ing of the vessel. and Mr. Hastings repre. sented the holders of shares of the other half. There
åt WOS
the present moment a judgment against witness which was not yet paid. It was in respect of the Ask, and there was nearly $1,500 owing. Witness be- lieved the compradore's account was correct as far as the number of passengers carried was concerned, but he had not received money for all those passengers. He had a claim from his agents in Amoy; an action had not been com- menced as the claim was settled.
Mr. Grist again addressed his Lordship and submitted that the charges for food were most unreasonable. He also contended that there Was no evidence that the defendant, Mr. Hastings, was one of the charterers of the vessel.
+
His Lordship-Suppose you admit 30 cents as the proper charge from Tainanfoo to Hong kong, then the other charges would have to be pro rato. How are you going to work that ?
Mr. Grist-I say ten cents would be a reason- able price between each port.
His Lordship-That would want working out. Mr. Grist-We would soon do it, my Lord. Mr. Hastings contended that the rutes were reasonable.
His Lordship-Do you think 30 cents a reasonable charge between Swatow and Amoy, and between Amoy and Hongkong?
Mr. Hastings-It is a reasonable charge taking the average of all the voyages. One of the voyages was of ten days' duration.
His Lordship That is the plaintiff's bad
luck.
Mr. Hastings-He has to take the risk of typhoons, bad weather, &c.
THE HONGKONG WEEKLY PRESS AND
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His Lordship, in giving judgment, said-In this case the plaintiff aues for $408.30 the price of provisions supplied to a number of Chinese passengers. Under the circumstances and from the evidence of the first defendants, or rather of Mr. Birchall, I feel bound to take the dumber of passengers stated by the plaintiff, namely 1,361, as correct for the purposes of this suit. The question now is whether the second defendant should be joined with the first in the action. I am inclined to think he is liable. In reference to the 30 cents, I believe that no arrangement was made as to the price per head, and that Mr. Hastings, the second defendant, carried out the general custom and told the plaintiff to get the provi- sions without stipulating any price. It is now my duty to say what a reasonable rice is. Judgment will be at the rate of 30 cents for each passenger for the whole journey, and 10 cents. between each port. Stay of execution will be granted.
7th November.
IN BANKRUPTCY.
BEFORE SIR FIELDING CLARKE (CHIEF JUSTICE).
APPLICATION FOR A RECEIVING order.
Mr. Ewens applied on behalf of Tan Chuk Hin, the petitioning creditor. for a receiving order against the estate of Ng Ching Po, lately trading in co-partnership with others as the Lung Kin.
The petitioning creditor said that, the debtor owed him $3,000 and $375 interest. The money was lent to the debtor personally, and not for business purposes. Witness produced three promissary notes of $1,000 each.
The debtor said he was only a sleeping partner in the firm and his share was 8500. Besides the money he owed the petitioning creditor he was indebted in the sum of $4,000 to two other persons named Lo Man Tsing and Li Sz Nin. This money was also lent to him for his own use and pot for the business. He did not make any entry of these debts in his books because they were private debts.
order, directing the Official Receiver to tako His Lordship granted an interim receiving charge of the effects of the bankrupt.
سمجھے
LONGKONG SANITARY BOARD.
A meeting of the Sanitary Board was held on Thursday at the offices. Hon. F. A. Cooper (Director of Public Works) presided, and there were also present-Hon. W. C. H. Hastings (Acting Captain Superintendent of Police), Dr. Atkinson (Acting Colonial Surgeon). Mr. N. J. Ede, and Mr. H. McCallum (Secretary).
MINUTES.
The minutes of the previous meeting were read and confirmed.
NEW SLAUGHTER-HOUSE AND MARKET.
The PRESIDENT moved that the plans for the proposed slaughter-house and extension of the market at Shankiwan be adopted. He pointed called attention to the want of this additional out that the Colonial Veterinary Surgeon
accommodation as far back as 1890.
Carried..
፡
THE NUISANCE OF FAT, BOILING. A petition was received from certain tallow boilers who had been served with notice to abate the nuisance caused by their operations. The police then sent in a list of fat-boiling establishments distinguishing between pork and beef, the latter being considered the more offensive. Seven of each kind were given in the list.
The Secretary appended the following note— Fat boiling is undoubtedly an offensive business. I think the Medical Officer of Health should be asked to report on those places specified in the police report.
The President wreta asking the Colonial Surgeon's opinion on the hygienic necessity of removing the establishments.
The Colonial Surgeon in reply forwarded a report from the Medical Officer of Health and added his own opinion--That the landlords should be called on to put these houses into proper order and that the tenants be required to maintain them in a sanitary condition. As at present
[November 13 1895
conducted they are a nuisance and detrimental to health, not only of those who are employed therein, but also of all who have to live in the immediate neighborhood. I would suggest that the recommendations of the Medical Officer of Health be carried out, and to ensure this the es tablishments should be licensed and kept under strict sanitary supervision. A. report was made in 1893 to the Sanitary Board by Messrs. Ede and Humphreys on these very establishments, but nothing appears to have been. done. In my inspection came across other premises where this trade is being conducted, é.g., 170, Third Street, and parts of 186, Third Street, and 1, Fuk Shan Lane. There was also a cookloft in the backyard or, as some might term it, the kitchen of 160, Third Street.
{ 45
The Secretary appended a note to this-On the 24th August, 1883, the Sanitary Board passed the following resolution-"That tallow melting in the centre of the town cannot be permitted, and that notice be given to owners of such works that they must remove to the suburbs within six months from the date of notice." The notice appears to have been given verbally and it was found that the only way of enforcing the notice was through the clause in. the Crown lease dealing with offensive trades. As far as I recollect, the matter was then taken up by the Surveyor-General, but I have no knowledge why the clause in the Crown lease was not enforced. I think the Medical Officer of Health should be asked to state if he considers that with the improve. ments in the buildings which he recommends fat-boiling establishments should be permitted in the centre of the city. If they could only see it, it is to the best interests of these fat boilers to move to the outskirts of the city. where land is comparatively cheap, and it is not likely anyone will take proceedings against them for any nuisance which may arise from their trade operations.
The Medical Officer of Health wrote—
Sir, I have the honour to submit herewith a report upon the fat-boiling establishments in the city of Victoria. My investigations were mainly directed to the following points:
(1) Nature and condition of floors and walls. (2) Ventilation and means of disposal of offensive fumes.
(3) Cleanliness of apparatus and utensils. (1) Condition of drains for the disposal of waste liquids.
(5) Accommodation provided for workers. With regard to the first point I found that the floors were in many cases imperfectly flagged or cem nted, with the result that the subjacent soil is sodden with greasy liquids ; the floors were all in a more or less dirty condition and in some cases wooden floors were in use. The walls are all of porous brick or rough woodwork and show signs of limewash, but are even dirtier than the floors.
}
The
Some of the cookhouses in which the fat is boiled were, I found, well ventilated, in fact almost in the open air, but others were ill lit and ill ventilated and in no case did I find that any attempt whatever had been made to provide a fiue to carry off the offensive fumes. sphere of the cookhouse in which the process gases from the boiling oil permeate the atmo
takes place and must find their way thence to the open air either through the window or through the front shop in which the raw fat is stored and separated.
The pans and boilers were in some cases reasonably clean, but in others were in a most dirty condition. The drains for the disposal of waste liquids were of a most primitive form and in a dilapidated condition, and in no case did I find any form of grease trap or other device to prevent the discharge of grease into the drains and sewers.
The workers, varying from four or five to twenty or more in numbers, usually sleep in the front shop, in which the raw fat is stored and manipulated, while to increase the accom=" modation" cocklofts have been erected in several of these rooms. I also enquired as to the provision of privies for the workers, as these might be held to be required by sect. 65 of the Public Health Orlinance 1887, but only found them provided in two cases; in one the privy was a small space incompletely boarded off the cookhouse, and in the other: similar contrivance in the front shop or store;
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