Page
146
Q.C. (instructed by Mr. Eweus) for the defen- dant.
Mr. Francis said that at the trial the Statute of Limitations was set up by the defence, and the issue before the court was, £4
assuming that all the facts stated in the petition are true, is or is not the plaintiff's claim herein barred by the Statute of Limitations ?" The facts of the case were clearly set out in the judg- ment, in which the following passage occurred: "It appears that Ho I Shek died intestato on or about 19th June, 188). The Letters of Administration uuder which the plaintiff sues were not granted till about 21st June, 1897, that is to say seventeen years after the death of Ho I Shek, and this snit was not cominenced until 13th January, 1899, that is to say more than eighteen years after such death. Of course, if the statute did not begin to run till the grant of administration to the plaintiff. his claim is not barred, for he began his suit within less than two years from being appointed ad- ministrator. Between the death of Ho I Shek and the grant of administration to the plaintiff, however, it seems that a forged will purporting to be that of the deceased was produced, and tuat one Ho Chik Fan, the executor named therein, obtained probate in November 1886. Decision was given against the defendant on the particular issue by the Acting Chief Justice on the ground that there no cause of action existing during the life-time of Ho I Shek and that no cause of action came into existence until after his death, and that accord ing to the decision in the case of Murray against the East India Company, which had since been followed, no complete cause action could exist such as to set the Statute of Limitations running until some person was in existence or came into existence who was capable of suing on it. His contention was that that case did not apply. Mr. Francis proceeded to argue in support of his contention.
of
Mr. Pollock followed on the lines of his ad- dress when the case was previously before the court, submitting that there was no really valid
administration of the estate of the deceased until June, 1997.
The Lordships reserved their decision.
MEETING OF JUSTICES.
APPLICATIONS FOR LICENBES REFUSED.
On February 28th a meeting of Her Ma. jesty's Justices of the Peace was held at the Magistracy, Mr. H. H. J. Gompertz (Acting Police Magistrate), presided, and there were also present: Dr. Lowsou. Messrs. Badeley (Acting Superintendent of Police), D. R. Crawford, R. Cooke, and W M. B. Arthur.
MR. JAMES EDWARDS MAKES
ANOTHER APPLICTION,
The first application was from James Edwards for a publican's licence to sell and retail intoxicating liquors on the premises situate at house No. 25, Des Voeux Road, under the sign of "The Oriental Hotel."
There was no police objection Mr. CRAWFORD-Am I correct in concluding that if this and the succeeding application are granted they will be additional licenses?
THE HONGKONG WEEKLY PRESS AND
The CHAIRMAN said the Justices would con- sider his request. He subsequently said the Justices had decided not to give the reason why they had refused the application.
"
"? THE JUBILEE HOTEL.'
{March 3, 1900.
the whole of his time to the work, and who was paid 3.000 rupees a month. That was a larger salary than that ́psid the Chief Justice of this Colony. There was also a certain sum of money-he thought 30 rupees, or about two . The second application was from Joseph guineas per meeting-paid to each member. Robert Grimble for a publican's licence to sell The committee suggested that the Attorney. and retail intoxicating liquors on the premises General, the Director of Public Works, the situato at houses Nos 15 and 16. Jubilee Street, Principal Civil Medical Officer, the officer com- under the sign of "The Jubilee Hotel."
manding the Royal Engineers, the two members Mr. Wilkinson, who appeared for the appli-elected by the Chamber of Commerce, two jus- cant, said the two important questions for the tices of the peace and three members nominated justices to consider in an application of that by the Governor should form this Trust. Before kind were the fitness of the applicant and the this course could be established it would be neces locality. With regard to the first of these, he sary to ascertain whether these gentlemen were thought they would find very little diffenity in willing to act upon the Trust. They were all men coming to a favourable conclusion. His cliout who had their time wholly occupied in other had been for the last 20 years or so tyler at the work. The Attorney-General, for instance, was principal Freemasons' lodges in the colony and a man who devoted the whole of his time to the was still tyler of a lodge, and that fact Government, and the Government might insist ¦ ought to convince them as to his charac- upon his doing this work, but an objection to ter. He had been in the colony some 30 the apointment of the Attorney-General occur. years. He was first in the Police Force, and red to him, and it appeared to be an important leaving the Police Force had held Government one, and that was that he was practically the appointments until last year, when he retired a intermediary between the Government and the a pension of about 360 a mouth. As to the lo- Trust, and he did not see how he could very cality, Mr. Wilkinson coutended that it was a
well be a member of the Trust. As for the suitable one for a licensed house, the Praya Director of Public Works, as far as he could being now in precisely the same position as re understand, his time was wholly occupied in garded the sea that Queen's Road was in at the carrying out his own duties. This was a very time the licenses for the totals there were elaborate scheme and one which would occupy granted.
the attention and time of a body of men who could give the whole of their time and duties to the special work. It appeared to him that the scheme required more elaboration and that this matter should be attended to before they sent it in to Governmet.
There was no police objection, but Mr. Slade appeared to object on behalf of a number of Chinese shopkeepers in the street and also on behalf of the proprietor of the Colonial Hotel. He observed that he did not wish to say any- thing against Mr. Grimble's chara ster, but he suggested that the locality was one eminently unsuited for a public-house.
The application was refused.
"THE LAND WE LIVE IN HOTEL.
The third application was from Moritz Freimann for permission to remove his licensed publican's business from houses Nos. 332 and and 334, Queen's Road Central, to bouses Nos. 208 and 210, Queen's Road Central, under the sign of "Land We Live In Hotel."
Mr. Brayne appeared for the applicant. He sail his client would have to leave his present premises in June, his lease having expired, and he wanted to carry on at 20 and 219, Queen's Road. His character was good and he believed there was no police objection.
Mr. Slade objected on behalf of the shop- keepers in the locality, pointing out that there was only 150 yards between the Globe Hotel and the Central Hotel, and that it was proposed to put another licensed house between. alients suggested that the applicant should go further west.
The application was refused.
His
HONGKONG SANITARY BOARD.
The usual fortnightly meeting of the Hong. kong Sanitary Board was held on the 1st inst. The President (r. J. M. Atkinson, Principal Civil Medical Officer) occupied the chair, and there were also present: the Hon. Mr. BADELEY-Yes, they are new ones. R. D. Ormsby (Director of Public Works). Mr. CRAWFORD-The Justices expressed a Lieut.-Col. Ryan, Mr. Fung Wei Chuen, Mr. strong opinion a cousiderable number of months J. McKie, Mr. E. Osborne, Dr. Clark (Medical ag that there were quite sufficient public-Officer of Health), Dr. Hartigan, and Mr. C houses in Hongkong. I don't know whether the population is increasing so much that mure are wanted. These premises seem to be away from the usual position.
Mr. EDWARDS was called into the room, and in answer to the Chairman be said that the premises were between Centre-street and Western-street, He added that a number of Europeau residents in the locality had suggest ed that he should make the application, as a licence in the locality would be a convenience
to them.
The Justices consulted together in private for a few minutes and then the CHAIRMAN informed the applicant that his application had been refused.
W. Duggan (Secretary).
THE SANITARY IMPROVEMENT OF THE CITY. The PRESIDENT said the first business be. fore them was: “Adjourned discussion of a draft scheme for a Trust Corporation for the sanitary Improvement of the City of Victoria, drawn "P, by a select committee of the Board ap- pointed for that purpos on Thursday, the 70: day of December, 1899; also a copy of the Bombay Improvement Act of 1899.' carefully read through the papers concerning this scheme. It appeared to him that the scheme was founded on the Bombay Act, the leading feature of which was the financial arrangement. At Bombay they had a million sterling to begin with before they took any
Ho had
Mr. E WARDS observed that he had made
measures at all. It was necessary if the scheme four applications for bonses in different localities was to be carried out on the same lines as the and they had all been refused, He should like
Bombay Act, that a body should be appointed to kn w the reason as he had besu thirty years who should sees to the carrying out of the in the colony and there had been nothing sug-scheme. In Bombay there was first of all a gested against his character;
chairman appointed, a capable man who devoted
|
Mr. FUNG WA CHUEN observed that inas-
much as the majority of the taxes were paid by the Chinese he thought there should be a Chinese representative on the Trust.
Dr. CLARK said that to be in order he thought the Board should first have a resolution before them, either adopting or not adopting the report. As a member of the committee who drew up the report, in the absence of the chairman of that committee he begged to move that the report be adopted and forwarded to that if the principle be approved it be referred the Governor for favourable consideration, and
back to the Board for such elaboration as may be considered necessary. They as a committee did not go into details in drawing up the report, because those details must necessarily be left until the principle was accepted. The principle was a very grave one. It meant the alienation of a very considerable proportion of the revenue of the colony to a certain defluite purpose, that purpose being the improvement of "the sani- tary condition of the colony. Everyone admitted that their sanitary arrangements were very much in arrear. They wanted latrines, they wanted healthy homes, they wanted many other sanitary improvements which required a very large amount of money, and unless the Government were prepared to set aside a sum of money to meet this expenso he saw very little use in referring the whole scheme back to the sub-committes to elaborate. They proposed that five per cent, of all the rates colloated in the colour and, whit was still more important, 25 per cent. of the money realised by land sales should be alienated for this special purpose. It had beeu customary be believed in past years to expend the revenue and not regard it as capital, and one point that the committee went into aud considered very carefully was the capitalisation of a portion at least of the revenue
from land sales.
Mr. OSBORNE seconded.
The Hon. R. D. ÖкMSBY said he would be unable to support the resolution although he felt the deepest sympathy with the object in view. They must all feel that something must continue to work towards te sanitary improve- ment of Hongkong. Very little had been done yet, and something on a very much larger scale must be doue before they brought the city into such a state as they would all wish to see it. At the same time it seemed to him that until it seemed expedient to the home Government to graut manicipal government to Hongkong any such scheme as that was premature. If the Trust were instituted they would have here in Hongkong the Public Works Depart mout, the Sanitary Board, and this trust all working in the same direction and with the same object in view. They would have the
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