fall on to the roof of No. 12 and carry it to the ground; but when requested by the court to repeat his statement said he saw the roof of No. 12 fall in first and it was followed by the wall of No. 10. In fact it seemed to us that he did not know for certain what he did see. Now, regarding No. 12, the honse in or under which the boy was undoubtedly killed, this house was proved by two witnesses who lived in it to be in a very bad state of repair, in fact. in the rainy season it was practically untenable, a house that was just as likely to collapse during a typhoon as No. 10. On the 2nd of August last both these houses fell. This was practically the whole of the evidence.
Now, Sir, it is all very well to be very explicit and take elaborate pains, as the Crown did, to prove that No. 10 was erected by the prisoners in a very careless and neglig- ent manner and by so doing had broken the law laid down in the building ordinance, but when they utterly fail to prove as the Crown unquestionably did that this negligence, this breaking of the law on the part of the prisoners, was directly or indirectly the cause of the death of the boy, well then, I fail to see how they could reasonably expect the jury to refrain from giving the verdict they did, and as for the Attorney-General saying we had disregarded the law by giving a verdict of" Not Guilty," I maintain that that statement was absolutely anfounded and out of place, and was contrary to the Chief Justice in his summing-up, when he told, us emphatically that unless we were satisfied that the fall of No. 12 was caused by the fall of No. 10 we ought to find the prisoners not guilty. The whole case thus turns ou a pivot. Did No. 10 cause by its fall the death of the boy? There was nothing to prove that it did so; perchance it did, perhaps it did, but, Sir, we were there as jurors not to give our ver- dict on such a grave charge as manslaughter on chances or possibili.ies, but "a jast verdict give according to the evidence," on solid fucts alone, and if the Crown didn't produce those facts, well, then they have themselves to thank for the consequences.
THE HONGKONG WEEKLY PRESS AND
a proper and efficient manner, and, to use the words of our rider, let the authorities adopt more stringent measures to prevent honses being built in such a manner as in the case over which we gave our verdict, where men are left entirely to themselves, without any supervision whatever, to erect buidings in such a manner as to render them dangerous for human habitation and the public at large.
It is no good crying over spilt milk; better prevent it from being spilt, and if the precautions taken in the past have proved in sufficient to cope with the evil, adopt more string. ent measures to prevent it in the future. If stronger measures ara adopted, more, vigilance displayed, I feel sure house collapses will become less frequent. Builders or contractors may become fewer in numbers but of better quality, aud there will be a less demand for scapegoats. Apologising for taking up so much of your valuable space,-Yours, etc.,
EMERSON. F. GIBSON,
CHINA-BORNEO CO., LD.
An extraordinary general meeting of share holders in the above Company was held on the 29th ult. in the offices, 4, Queen's Buildings. for the purpose of considering a special resolu- tion regarding the winding-up of the concern. The Hon. C. S. Sharp presided, and the others present were Messrs. E. Osborne, A. G. Wood, G. C. C. Master, J. C. Peter, H. W. Wickham, J. A. Jupp, A. O. Baptista, Leung Shit Lun and W. D. Jupp (Acting Manage).
The notice calling the meeting having been read,
The CHAIRMAN said-Our last meeting was held on 27th October, when the resolution was confirmed affirming the expediency of effecting an amalgamation of this Complay with the Forneo Hardwood Company, Limited, and authorising the Consulting Committee to con firm and carry into effect a provisional agree- ment entered into for this purpose, with such modifications and additions as they might consider best in the interests of this Company. Now for the rider which has elicited such a During the interval which has elapsed arrange- storm of abuse and by which we are alleged to mente relating to the foregoing have been have stultified our verdict (in all due respect I proceeded with both here and in Borneo, and think the word multiplied, not stultified, would the time seems now to have arrived when, in have been more appropriate in this case), let me order to carry the above-mentioned purpose endeavour to bring to your notice the facts that into effect, we have to ask you to take the prompted us to add it. Mr. Tooker in the further step of passing th necessary resolution course of his evidence stated that no supervision to place this Company in liquidation, a step whatever by the P.W.D. had been given over which will be followed in due course by the this addition to No. 10 nor to the other nine addi- | incorporation and registration of a new Com tions which the prisoners were erecting at the same time. He further stated that about three weeks after the collapse he visited the score of the disaster and when asked for what purpose he went, said to examine and see whether the building had originally been erected according to plan or not.
Surely, Sir, prevention is better than cure; better to see that a house is properly built and according to plan, during erection, than wait until it collapses to find out whether the law laid down in the building ordinance has been complied with and that the plan has been followed and carried out. If the law has been made, whose duty is it to see that it has been complied with Surely somebody's, I wonder how many houses are still standing in the Colony which have undergone the same scant treatment as No 10 at the hands of so-called overseers; pro- bably the next typhoon season will answer this question only too forcibly. Let us refer to the ordinance and see what it says. We find under Section 75 in plain English Upon rec ipt of notice (of the intention of starting work) the Surveyor-General or officers deputed by him for that purpose, shall, as often as may be necessary for securing the due observance of the I rovisions of this ordinance, enter, inspect and survey every such building or work during its progress.
Now, Sir, from this we can see on whom the daty falls; and if there are any convenient loopholes, or instances where the P.W.D. are exempt from supervising or occasionally in- pecting buldings which are being erected for human babitation, the sooner that exemption is aunulled the better; if that exemption is made on accent of the staff being undermanned, let the numbers be augmented as soon as possible, let public money be spent on an efficient body of men who are capable of doing their work in
pany for the purpose of taking over the two concerns on terms of the agreement made for that purpose. The original provisional agree. meat submitted to you at the meetings of 11th and 27th October list was as then described, one dated 8th August last, entered into in Loulon between this Company by Mr. J. M. Wheeley, and the Borneo Hardwood Company, Limited, and by the terms of the resolution passed and confirmed by you at these meetings, the Consulting Committee were authorised to confrm the same with such modifications and additions as the Consulting Committee may consider will best serve the interests of this Company." These modifications and additions referred to certain details, negotiations about which we had been conducting with Mr. Wheeley by telegram, of which it was necessary
we should receive written confirmation, and we
(January 3, 190$.
I shall be obliged if he will do so after the original resolation as advertised has been proposed and seconded. The resolution speaks for itself, but I may explain here that it has been thought advisable to name three persona as liquidators, so as to make full provision for the carrying out of all the necessary arrange meals in case of any of them being absent at any time from the Colony. I will now propose the resolution as follows:-"That the Com- pany be wonud up voluntarily under the pro- visions of the Companies Ordinances, 1865 to 1899, and that the Honourable Charles Stewart Sbarp. Alexander George Wood, and John Thomas Martin Wheeley be appointed liquida tors of the said Company, with liberty for each of them solely to exercise all the powers of the joint I quidators."
Mr. J. A. JUPP seconded.
Mr. MASTER proposed the following amend ment to the resolution: --- ̈* That for the pur- pose of carrying into effect the special resolution duly passed and onfirmed at extra- ordinary general meetings of the Company beld on the 11th 1 27th days of October, 1902, the Company be wound up voluntarily under the provisions of the Companies Ordinances 1865 to 1899, and that the Honourable Charles Stewart Sharp. Alexander George Wood, and John Tomas Martin Wheeley be appointed liquidators of the said Company with liberty for each of them sol-ly to exerciss all the powers of the joint liquidators and that for the like purpose the liquidators be and they are hereby authorised to consent to the pre- paration of the Memorandum and Articles of Association of a new Company to be incorporated under the Companies Ordinances of Hongkong under the name of The China-Borneo Company, Limited, or some similar title."
Mr. PETER seconded, and the amendment was agreed to unanimously,
This was all the business. Another meeting will be held fourteen days from date of meeting to confirm the later resolution.
HONGKONG HIGH-LEVEL TRAM- WAYS CO., LD.
ANNUAL MEETING.
The 18th ordinary annual general meeting of the Hongkong High-Level Tramways Co., Ld.,
was held on the 30th ult. in the offices of
the general managers, Messrs. J. D. Humphreys & Son, 38, Queen's Road Central. Mr. J. A. Japp (chairman) presided, and there were also present Messrs. J. Orange, A. H. Mancell, J. A. Tarrant, G. Murray Bain, C. Ewens, G. Rapp, and J. L. Cotter (secretary).
The SECRETARY having read the notice calling the meeting,
The CHAIRMAN said-Gentlemen, The re- port and statement of accounts having been with you for some days, I propose with your permis- sion to take them as read. The traffic receipts for the year again show a substantial advance, but the costs of running have been largely increased and we must be prepared to face still further increases in the charges accounts in future years. Almost the whole of our rolling stock being imported from England, the fall in exchange on this item alone will have a conșid- erable influence on the runoing expenses and upkeep. During the year the relaying of the permanent way with new rails has been have since received a further provisional agres-practically completel and we have a good ment, datel London, 21st October last, which supply of spare rails in stock. The rolling embodies the provisions of the first agreement stock generally is in first-class order, but we of 8th Angust, and all th modifications and have thought it advi able to again write down additions as arranged, and this later agreement this account $5,000, as the wear and tear with therefore takes the place of that of 8th August. the improved time-table is much greater than This agreement of 21st October has now ban before. A contract has been entered into for ratified, and becomes the basis of the amalgama covering in the top station, a much-needed tion of the twa Companies, its provisious being improvement, and the work is now nearing in all essentials the same as these of 11th October completion. Owing to the increasing number last. I may here state that, since the notice of 3rd class Chinese passengers travelling, prin. was given calling this meeting, it has been con- cipally servants of Peak r sidents, it has been sidered that the form of resolution therein found nec ssary to provide a railed in enclosure given is rather bald, and that it should coutain at the Garden Road Station for their u89. · As some reference to the proceedings at our these two items will increase the amount at meetings of 11th and 27th October last, debit of stations and shelters by about 84.000. so as to define more precisely the objects and we have written off in anticipation a further reasons for the proposed liquidatioa. Any sum of 81, 49.25 from the total under this alteration from the form of resolution, as advertised, had better come in the form of an amendment from the shareholders present, so, if anyone will move the necessary amendment,
heading, bringing it down to $11,000. We feel sure you will approve of our having added $5,000 to reserve fund. In the opinion of your consulting committee and general managers, it
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