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August 11, 1900.]
The latest news to hand from Peking is decidedly bad. General Tung Fuhsiang has ordered the stoppage of all supplies to the Legations..
SHANGHAI, 7th August, 9.21 p.m. The allies attacked the Chinese entrench ments at Peitsang from both sides of the Peiho River on Sunday, the 5th inst: (Heavy fighting took place for seven hours, after which the Chinese everywhere retreated. The British loss was 60 men, the Japanese loss heavy.
Tientsin is defended by 6,000 men and fourteen guns. The town is threatened by large Chinese forces.
A Japanese report despatched from Pek- ing on the 2nd inst. states that the con- dition of the Ministers is again dangerous.
SHANGHAI, 8th August, 10.46 p.m. Six more French priests have been mur- dered in south-east Chihli.
The French Consul and three others are remaining at Chungking. The situation there has been very precarious since the premature British evacuation. All the Church Mis- sionary Society left Chungking yesterday.
The Taotai here is trying to stop the ex- port of cattle from Shanghai to supply the troops in the North.
HONGKONG LEGISLATIVE
COUNCIL.
On Wednesday afternoon, 8th inst., a meeting of the Hongkong Legislative Council was held in the Council Chamber at the Government Offices, there being present:-
His EXCELLENCY the GOVERNOR (Sir HENRY BLAKE, G.C.M.G.).
The Hon. F. H. MAY, C.M.G. (Acting Col. onial Secretary),
Hort W. MEIGH GOODMAN, Q.C. (ATTORNEY- General).
Hon. A. M. THOMSON (Colonial Treasurer). Hon. R. D. ORMSBY (Director of Public Works).
The Hon. BASIL TAYLOR (Acting Harbour Master).
Hon. C. P. CHATER, C.M.G.
Hon. Dr. Ho KAI.
Hon. J. THURBURN.
Hon. WEI A: YUK.
Hon. R. M. GRAY.
Hon. J. J. KESWICK.
Mr. B. F. JOHNSTON (Acting Clerk of Councils.)
PAPERS.
The ACTING COLONIAL Secretary laid on the table the report of the Inspector of Schools for 1899, the report of the Assessment Com- mittee for 1900-1901, and the report of the Principal Civil Medical Officer for 1899.
FINANCIAL.
The ACTING COLONIAL SECRETARY laid on the table financial minutes No. 40, 41, 42, 43, 44, and 45, and moved that they be referred to the Finance Committee.
The COLONIAL TREASURER seconded, and the motion was carried.
The ACTING COLONIAL SECRETARY laid on the table the report of the Finance Committee (No, 14) and moved its adoption.
CHINA OVERLAND TRADE REPORT.
The ACTING COLONIAL SECRETARY second ed, and the motion was carried.
105
The evidence being concluded, counsel deliver- ed their final addresses to the jury.
THE KOWLOON GODOWNS TRAMWAYS,” The ATTORNEY-GENERAL proposed the second reading of the Bill entitled An Or Mr. Looker, for the defendants, said that in dinance to further amend the Kowloon Godowns this case there were two things for the jury to Tramways Ordinance, 1897. The "Objects and decide. First of all there was the question of the Reasons"
the Bill are stated as plaintiff's engagement and secondly the question follows:-"The object of this Ordinance is of this prosecution. The defendants had retained to enable the Company to use a different kind some of the plantiff's belongings. Plaintiff, asköd of rail from the old steel grooved rail which was that they should be delivered up to him. The de- intended to be used when Ordinance Nó. 18 fendants said they had a lien on them, whether of 1897 was passed. Rails of another type have or not they could support that lien depended in since been found more durable. When this the first place on the terms of the plantiff's en- the Company to obtain the approval of the tiff was engaged on the expressed term that he Ordinance is passed it will still be necessary for gagement. The defendants said that the plain-
posed to be used can be laid down. So long as supplied on credit to people who were unknown Director of Public Works before the rails pro- should be liable to the defendants for goods. the Director of Public Works is satisfied with to the defendants. Mr. Looker pointed out the the material and type of rail it seems unneces-resonableness of this provision, and argued that sary to insist upon the use of the steel grooved the defendants were entitled, in view of this one.
provision, to keep his property as security for the balance of the price of goods so supplied. Turning to the question of malicious prosecu, tion, the plaintiff was bound to prove certain things. In such cases from time immemorial there were certain questions which the jury were always called upon to determine, and on their answers to these questions depended the plaintiff's right to recover. One ques- tion was, Did the prosecutor take res- sonable care to inform himself of the facts of this case. question on this point. The second question He submitted that there was no
was. Did the prosecutor honestly believe in the case which he laid before the court ?" He sub- mitted that there was not the slightest doubt that when the prosecutors went up to the Police Court they honestly believed that the plaintiff had been cheating. The third ques malice, and he submitted that in going to was, Was the prosecution actuated by
the Police Court the defendants were not actuated by malice..
The COLONIAL TREASURER seconded, and1 the motion was carried.
PUBLIC WORK'S COMMITTEE. The DIRECTOR of PUBLIC WORKS laid on the table the report of the Public Work's Com- mittee (No. 3) and moved its adoption.
The ACTING COLONIAL SECRETARY seconded and the motion was carried.
NATURALISATION,
On the motion of the ATTORNEY-GENEBAL, seconded by the ACTION ATTORNEY-GENEEL, a Bill entitled An Ordinance for the Naturalisa- tion of Wei Lunn Shek, alias Wei Chi alias Wei Shiu Wing, alias Wei Yan Ying, was
read a first time.
The Bill was considered in committee clause by clause, and on the (ouncil resuming it was read a third time and passed.
The Standing Orders having been suspended, the Bill was read a second time, and after it had gone through in oemmittee it was read a third time and passed,
The Council then adjourned sine die.
MEETING OF THE FINANCE COMMITTEE.
A meeting of the Finance Committee was held immediately after the Council meeting, the Acting Colonial Secretary presiding. The following votes were agreed to:-
A sum of $500 in aid of the vote Govern- ment House: Repairs to furniture and incidental expenses.
24
Arms
A sum of $2,500 in aid of the vote and Ammunition for police." This expense is rendered necessary by the purchase of extra arms and ammunition in view of eventualities.
A sum of $300, being increase authorised by the Secretary of State for the colonies to the salary of the Veterinary Surgeon. The Colonial Veterinary Surgeon did not participate in the general increase, and the
Secretary of State subsequently decided to place him on the same footing as the Assistant Surgeons in the Medical Department.
A sum of $450 to cover the salary of the assistant Government Marine Surveyor for four and a half months of the current year.
A sum of $1,035 for additional fittings to two police launches.
A sum of $81 to defray the wages for for 4 months of an oiler for the new steam tender.
This was all the business.
SUPREME COURT.
August 4th.
SUMMARY JURISDICTION.
BEFORE HIS HONOUR T. SERCOMBE SMITH (ACTING PUISNE Judge) AND A JURY.
WONG POK SHAN V. KWONG SAU MAN AND ANOTHER.
In this case (adjourned from Thursday) the plaintiff sought to recover from the defendants the sum of $1,000, damages for malicious pro- secution and false imprisonment.
Mr. Slade (instructed by Messrs. Wilkinson and Grist) appeared for the plaintiff, and Mr. Looker for the defendants.
The jurors were Messrs. A. A. H. Botelho, J. J. L. Monteiro, and W. Nagel
Mr. Looker said the jury had suggested that as this was a long case perhaps some pay could be made to them. He had no objection what ever, and he understood that his friend had no objection.
Mr. Slade-I think it is only reasonable that they should have some pay.
The Acting Paiane Judge-Where is your authority?
Mr. Looker-I take it that both of us can bind our clients. The only question is as to the amount. The pay for special jurors was $100 a day, and this being a common jury, I suggest $5 a day. I will bind my clients and my friend will bind his.
The Acting Puisue Judge was doubtful as to whether he could make the order, but promised to look the matter up, and if he had power to allow $35 a day each he would do so.
tion
.
Mr. Slade having addressed the court,
The Acting Puisne Judge summoned up. The jury retired about two o'clock and after a few minutes' absence returned a verdict in favour of the plaintiff, with damages assessed at $100 and costs.
His Lordship allowed the jury $5 each.
AUGUST 8th.
IN APPELLATE JURISDICTION. BBFORE HIS HONOUR SIR JOHN CARRINGTON, C.M.G. (CHIEF JUSTICE), AND HIS
HONOUR T. SERCOMBE SMITH (PUISNE JUDGE).
THE YU HING LUNG (PLAINTIFFS) APPELLANTS AND CARMICHAEL AND BARLOW (DEFEN- DANTS) RESPONDENTS.
This was an appeal from the decision of Mr. Justice Sercombe Smith on a question of fact and law and on the ground that the judgment was against the weight of evidence in a suit heard in the summary jurisdiction of the court between the Yu Hing Lung as the plaintiffs and Carmichael and Barlow as the defendants, wherein judgment was given in favour of the defendants on the 7th July.
Mr. E. H. Sharp. (instructed by Messrs. Mounsey and Brutton) appeared for the
ap- pellants and Mr. M. W. Slade (instructed by Messrs Wilkinson and Grist) for the respondents.
Mr. Sharp said that this was an appeal on a ques- tion of fact, the plaintiffs submitting that the judgment of the court below was against the weight of evidence. The plaintiffs' case briefly was that, so far as they knew, a contract was made between the defendants and a firm called the Kwong Hing Cheong for the construction of engines for a launch which the defendants were under contract to build. This contract was entered into before the end of last year. Early this year it was discovered by the de- fendants that the work contracted for could not be finished in time. They, therefore, found it necessary to get the remainder of the work otherwise arranged for. The case was that the defendants came put the matter before them, and plaintiffs replied, Yes, we work, but not for the Kwong Hing Cheong; we will only do it for you. Wo know the Kwong Hing Cheong and we decline to giro credit to them.” To go further into detail on
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