35
96
before a Magistrate against any person con- travening any of the Bye-laws duly made under Section Iẞ of the Public Health and Buildings Ordinance, 12 3.
£4
That the Board, under the provisions of Section 256 of the Public Health and Buildings Ordinance, 903, d. pute Dr W. W. Pearse and Dr. F. Gröne to institute summary proceedings before a Magistra'e for the recovery of any penalty imposed by Part II of the said Ordi- nauce or any Bye-laws made thereunder.
THE HONGKONG WEEKLY PRESS AND
[February 11, 190 5..
Mr. P. W. Goldring said that there were upwards of 30 creditors but only one (the The examination was landlord, who was secured, showed any int rest in the procedings. declared el sed.
he was on board the junk and saw Lo Sz (the) receive sufficient money from abroad to pay his supercargo) to whom he handed an envelope. creditors. | He states that the goods were taken alongside by means of boats which came from Canton where he (the plaintiff) bought the goods on the 4th January. He evn sys that he saw each He says he jar filled with fifty catties of ric›. made arrangements with Lo Sz, Lo Szfully knowing that this carge was a cargo of ric‹ and not a cargo of shredded turnips as described on the envelop. He says that The PRESIDENT, in support of his motion, at the time when he took these goods on and bord he arranged that the froight should be said: It is necessary that the MO.H
In reply to that s'ory the defendants say enior plague inspectors and the two prosecuting | 870
that they never saw the plaintiff on b ard at inspectors be anthorised to institute summary proceedings. Of course the inspectors are only | ali; and that the goods were huuded
boatman. Nothing was said to the permitted to do so when so ordered by the by a
master or Lo Sz about the goods being rice; M.0.4. I would state reasons :-Dr. Pearse was only acting M.O H., and now Dr. Clark has they did not infer that the gools were rice, and The master returned, and Dr. Gröne has taken the place of had no idea that they were rice.
said that had he known that they were rice he Dr. Barnett.
would not have taken the cargo to Hongkong because it is well known that the exportation of
|
on board
Mr. RUMJAHN-I presume that n your resolution being passed the gentlemen named in the motion will be directe to institute prosecurice from China is prohibited by the Chinese tions instead of the inspectors who have ben deputed from time to time by the Board. If my presumption is correct I think we should see less or none at all of these reckless prosecutions which have taken place during the past twelve months.
If
The PRESIDENT-I call you to order. you have any further motion to make, give notice and bring it before the next meeting.
Mr.RUMJAHN-I am addressing you on your motion and think it is in my rovine to speak. I am not speaking against the mo ion, but if you hold that I am out of order I will sit down, The PRESIDENT-I do hold that you are out of order.
The President's motion was carried
WATER ANALYSES.
Water analyses during the month of January showed the public supply to be of excellent quality.
MORTALITY STATISTICS.
The mortality statistics for the week ended the 7th January show the following figures at at a death rate per thousand per annum :-- British and foreign civil p pulation. 24.9; pre- ording week, 10.3; corresponding weak list year. 5.1. Chinese population. 178; preceding week, 16.4; corresponding week last year, 129.
LIMEWASHING RETURN.
The limewashing return for the fortnight ended 31st January shows that 4,356 houses were treated in the eastern district, and 5,379 in the central district.
RAT RETURN,
The rat return for the week ended the 4th inst. shows that 351 rats (seven infected) were caught in Victoria, and 144 (four infected) n Kowloon.
SUPREME COURT. Tuesday, 7th February.
IN SUMMARY JURISDICTION. BEFORE HIS HONOUR MR. T. SRCOMBE SMITH (PUISNE JUDGE),
LAU WAN KUT Y. TSUI KWAI.
Hearing was concluded in this action, in which the plaintiff claimed $210, damages, and $17.70 costs, the damages being value of the deficiency of certain goads which the defendant undertook to carry from Chan Tsun to Hong- kong. Mr. R. A. Harding appeared for the plaintiff, and Mr. R. F. C. Master (of Messrs Johnson, Stokes and Master) for the defendant.
His Honour in giving judgment said :-In this interesting and rather difficult case the plaintiff sues the master of a junk for the sum of $210 being the value of deficiency the defendant of certain goods which audertook to carry from Chau Tsun, and to deliver to the plaintiff at Hongkong. The plaintiff stated that on the 6th Janu ry last he went on board the defendant's junk and made arrangements that the defendant should These jars receive on board a hundr d jɩrs,
wrapped up in matting, and the
the
day. They were loaded
not junk master states that they loaded till the 7th January. The plaintiff says that at the time of the loading of these goods
were
on
same
were
|
n 'sses
on
In the case of the Hang On Firm, lately trading at No. 102 Queen's Road, Mr. U. E. H. Beavis applied for adjudication on behalf of the Official Roosiver. The application was granted. Re the Young Hing Bank, bankers and cigar merchants, of No 144 Queen's Road, Mr. W. Dixon applied for a receiving orler. The manager of the bank hal absconded and there no likelihood of him coming up for his examination. The application was granted.
The public examination re the Wing Chan Kee firm was a journed at the application of the Official Receiver.
Was
1
COMPANIES.
HONGKONG AND SHANGHAI BANKING CORPORATION.
The seventy-ninth report of the court of dire tors to the ordinary half-yearly general me ting of shareholders to b. held at the City Hall, Hongkong, on Saturday, the 18th Feb- ruary. at noon, reads: l'o the Proprietors of the Hongkong and Shanghai Banking Corporation.
Government. Had he undertaken to smuggle out of China a cargo of rice under the guise of shredded turnips he would have
wit b eu liable to suffer a penal y. The
that the for the defence all say
brought on bard on the 6th gools were and not th 7th January, and they dec'are that they did not see this man (plaintiff) come hoard. The conclusion I have come to is that Lo Sz did not know but that the cargo was a cargo of shredded turnips. I have come to the conclusion that the plaintiff is not speaking the truth in tel ing me that he was on bo rd the junk at Canton" and I think that these gods were put on board the defendant's junk by
The net profit for that period, including means of the plaintiff having fraudulently given a wrong description of them, aud under $1,492,554.31, balance brought forward from these circumstances the authorities quoted last ac ount, after paying all charges. deducting goods bare been shipped interest paid and due, and making provision
this has for bad and doubtful accounts, amount to. wrong description and been done--fraudulently, and the carrier. | $4,745,544.05. has been deceived as to their value, he is
show that under
if
not respousible. Most cases quoted. refer to carriage by land, but the rule, also, as has I have been shown, applies to carriage by sea sid that I disbelieve the story of the plaintiff. He told me that the freight was arranged at $70. but the evidence makes me believe otherwise, house when the junk arrived at Capsuimun the master told Lo Sz to put down $70 as freight without any suggestion on the part of Lo Sz. Had Lo Sz known of an arrangement he would certainly have said so at that tim. Again, the plaintiff swears that he paid $70 in freight, while it appears that he did not do anything of the kind. I believe that this man on board alarmed by the amount came demanded of him an after some haggling the sum agreed on was $40 and $ likin. The lump suin for freight was put down be- cause the defendant was very angry at having this rice cargo forced upon him by the plaintiff when the plaintiff described it as a cargo of shredded turnips. I think he was quite right in laying on the price. I think there was not in any way ratification because I
was a contract vinced that there at Canton and at Capsuimun the defend. ant found that he was in possession of a was entitled to charge any price he liked. The cargo thrust on him avainst his will, and plaintiff, being guilty of such frand, is not entitled to recover any damages. I give judgment for
never
the defendant with costs.
Thursday, 9th February.
IN BANKRUPTCY.
am con.
BEFORE SIR H. S. BERKELEY (Chief JUSTICE).
a
Cheung Cook Nam, a debtor lately trading as dealer in jewellery, silk, ivory, at No. 41 Queen's Road Central, was examined by Mr. The G. H. Wakeman (Official Receiver). debtor said that he had been in business for nine capital of years having comm-nced with $14,000. For two or three years the business was run at a profit but he had borrowed money to start a branch at Havana and owing to the high rate of interest and heavy expenses began to lose money. He knew he was in difficulties three years ago but expected to
he
now to
directors have Gentlemen.-The submit to you a general statement of the affairs of the bink, and balance
sheet for¬
the half-year ending 31st December, 1904.
The directors recommend the transfer of $1,000,000 from the profit and loss account to credit of the silver reserve fand, which fund will then stand at $8,000 0. !!
They also recommend writing off bank. After making these transfers and deducting premises account the sum of $200,000. remuneration to directors there remains for appropriation $3,530,544.05, ont of which the directors recommend the payment of a dividend of one ponud and ten hillings sterling per share, which at 4/6 absorbs · 533,333.33, and a bonus of one pound sterling per share, which at 4/6 will absorb 8355,555 55.
The difference in exchange between 4/6, the rate at which the dividend and bonus are declared. and 1/11 9-16, the rate of the day, amounts to $1,148,246.42.
The balance $1,493 408.75 to be carried to new profit and loss account.
DIRECTORS.
Mr. ". E. Tomkins has been elected Chair- man for the year 1905 and Mr. H. A. W, Slade deputy Chairman.
Mr. A. J. aymond, Mr. H. E. Tomkins and Mr. N. A. Siebs retire in rotation, but being th mselves re-election, offer eligible for accordingly.
AUDITORS.
The accounts have been audited by Mr. W. Hutton Potts and Mr A. G. Wood, who offer themselves for re-election.
A. J. RAYMOND, Chairman.
he accounts are as follows :- ABSTRACT OF ASSETS AND LIABILITIES.
Paid-up Capital.
31st De ember, 1994.
LIABILITIES.
Sterling reserve fund
Silver reserve fuad Marine insurance account.
-
Notes in circulation-
Authorised iяue against securities ith the deposite ! Crown agents for the Colonies Addi i nal issue suth- orised by Hongkong Ordinance No. 19 of 1900 against Coin the with lodged Hongkong Govern-
ment
$10,000,000.00
$ 0. 10,000,000,00
10,0 0,400.00 7,00,000,0 250,000.00
6,422,591.00
16,422,503.00
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