June 16, 1906.]
should be obtained for the men who sleep on the premises,
Hi Excellency the GOVERNOR said—I have instructed the Captain Superintendent of Polios to HYT VIRG
hire quarters for his men near the Yaumati Police Station, and to transfer the men there as soon as possible.
DE. MACFARLANE recommended the transfer of the men to the isolation block providing the Chinese occupying the three ground floors were allowed to return to their own houses in Station Street which were closed by order of the Boarg There had been no plague in their families and they only came from houses where there had been plague on the upper floors. This would leave the ground floors empty, and the police could be put on the fist and second floors which were well ventilated and clean.
CHINA OVERLAND TRÁDÉ REPORT.
these ceilings be removed, and opines that taken down in connection with the general it will produce less alarm, if such ceilings are cleansing of the block rather than when a case of plague has occurred in a house and · the people are already in a state of alarm. I take it that this is the point on which he desires the opinion of the Board.
• Mr. LAU CHU-PAK minuted-Pay compensa- infected houses, fious for the ceilings as in the case of plague-
Mr. FUNG WA-CHUN-I don't think the ceilings should be pulled down.
The Hou. Mr. BREWIN—Cannot the owner
be perenaded to approve of the removal of the ceilings, and the work be paid for by the Board?
The PRESIDENT said he had no objection, aud
The M.O.H.-It would be a very excellent bad informed the Captain Superintendent of thing if the Board would agree to allow ceil -Police that the blook could be used temporarily.ings to be taken down, systematically.
Mr. F. J. BADELEY reported that the man
Mr. HOOPER-Do you mean we should give had been removed into the said flats.
a general authorisation to the Board's officers His EXCELLENCY approved, and said the to go into any building and pull down the charge should be made against a plague item of ceiling? If so am dead against it. We the Sanitary Board,
couldn't do anything like that; it wouldn't work.
Mr. HUMPHREYS-Are these ceilings put
The PRESIDENT-No, that is the whole object into the general question now. in taking them down. I think we need not go specific instance of a block of three-storied We bay · got a houses in which the A.M.O.H. at Kowloon
CEILINGS AND PLAGUE. Correspondence was submitted relative to the | back again? removal of ceilings during the cleansing and disinfecting of premises.
Dr. MACFARLANE wrote as follows regarding plague in block 36 60, Portland Street, Mong kek-In the above block of 13 three-storied i uses six cases of plagne bave occurred during the we k, so that a strong centre of plague sems to have been established there. We are unable 10 obtain an isolatiou block sufficiently large to take in all this block. I would recommend that the whole block be washed under our supervision with Jeyes' fluid and that any ceilings in the block be removed. Legal notices could be served for any other defec's found. Do you approve of ti.is disinfection and removal of ceilings?
The PRESIDENT-Yes, certainly you have power to do this under bye-law I. for the prevention or mitigation of epidemic, if done uader your personal direction. This does not mean that you are to stand by whiladthe work is in progress, but merely that 'you are per- sonally to inspect the premises and give directions on the spot before the work is commenced.
Dr. MACFARLANE-Under section I. of the prevention and mitigation of infectious diseases bye-laws I would recommend that all the re- maining verandah ceilings be removed from this infected block. In several cases lately we have found dead rats in the ceilings of honges in which cases of plague have occurred. It seems to me well to get as many ceilings down as possible and if possible when there is no 0180 of plague actually in the house. The tearing down of a ceiling during cleaning after a plague case must be much more alarming to the people than if it were done when they were not already frightened of a death. As th ́s will involve a considerable number of ceilings if carried out, I should think it advisable that the owner be informed before band so that he can express any views. he may have on the matter.
The SCRETARY-Whenever in the opinion of the M.Ö.H. of the A.M.O.H. it is necessary for the thorough cleaning and disinfecting of any premises all ceilings can be removed. As this power now extends to any part of the City of Victoria and Old Kowloon, the Board might like to give a ruling in connection with the matter.
reports that the ceilings in his opiniou ought to come down. Will the Board anthorise him to arrange matters with the owner?
Mr. HOOPER-Before that is settled I shou'd like oue point cleared up. Supp.sing it was ceiling considerable damage is done to the my house and the Board's officers take down the
good, and at whose expeuse? cornices of the roof, the joists, etc. Is that made
The PRESIDENT-At the expense of the owner, and the compusation he gets covers my repairs.
SUPREME COURT:
Monday, June 11th.
· In OriginaL JURISDICTION.
Before the` CHIEF JUSTICE (SIR FRANCIs Piggott),
A DISPUTED WILL.
498
Ling.shi and another was resumed. This wa The case of Li Po-kwai and another v. L
a claim under a will for one sixteenth park of account of the rent and profits thereon. Mt. marine lot 239, and inland lot 1,855 and for anɛ M. W. Slade, instructed by Mr. John Hastings, K.C., and the Hon. Mr. H. E. Pollock, K.O.. appeared for plaintiff, and Mr. E. Ht Shop, instructed by Mr. R. Harding (of Mar Ewens, Harston, and Harding), appeared for defendants.
}
reserved judgment.
After hearing further evidence his Lordship
IN SUMMARY JURISDICTION.
BEFORE Mr. A. G. Wise (Puisne Judas).
A SUBADAR SUED,
The case was concluded in which Akhbar B.K S.B.R.G.A., to recover the sam of 8923.64 Khan aned Snbadar Mahomet. AMA
on account of principal and interest due‹ on money lent
. Mr. F. P. Hett (of Messrs. Brutton and Hett) appeared for the plaintiff, aud Mr. J. Hì Gardiner (of Mr. O. D. Thomson's office)... represented the defendant.
His Lordship recalled the plaintiff. Do you remember when you got your $900 in 1905 ?--Yes.
Very well; at that time according to your statement you lent him three sums, $670 in March, 1903, and subsequently sums of $500-- and $400 P- Yes.
-You.
Then he repaid you $900 ?— Did you take that $900 in payment of the $500 and $400 ?—Yes.
[ {
[
Mr. HOOPER-How is that? If the Goverd- ment pull down a ceiling they must complete the job. I have known cases where they have pull | ed down ceilings and left them in a dirty ragged His Lordship (to Mr. Hett)- Then you are age doue. I think it is only reasonable. condition. Surely they must repair the dam-barred as to the $670,
Mr. Heti-But there was The PRESIDENT-I said the compen-ation | promise to pay.
a subsequent would cover cases of that description.
His Lordship-You must prove it. Mr. LAU CHU-PAK-No.
Mr. Gardiner-That is not admitted. Mr. HOOPER-The President said so.
J. Joshi said he wag manager of Soonderdas; The PRESIDENT-Yes.
Arton and Co., and he kept the plaintiff's money for him. He paid on the plaintiff's account in February $500, and $170 in Marob. In Novem ber, 1905, plaintiff and defendant called at witness' office. Plaintiff told him defendant was going to pay $930 for which he wanted a receipt. Defendant then asked if there was any balance against him and the plaintiff said u $670 and interest. Defendant admitted that he... had to pay this amount, and said he would do 80- in three or four weeks.
Mr. HOOPER-I am quite satisfied with your answer if you still maintain that that is so.
The PRESIDENT-It depends entirely on what amount of trimming up the owner wants. You are not talking about painting?
Mr. HOOPER-Making good the joists. The DIRECTOR OF PUBLIC WORKS-It is difficult to make any statement about these matters off hand. $5 might repair the damage or it might not. painted it would probably run into à great deal If the place were
more.
Board ba instructed to remove the ceilings of Mr. HOOFER moved that the officers of the
the houses in question, and that the floors and painting the necessary wood work and making walls be made good after the removal by
good the broken plaçes.
approval of the expenditure by the Government. The PRESIDENT—It must be subject to the
to that.
Mr. HooPR make my motion subject
Mr. HUMPHREYS seconded, and the motion was carried.
AN APOLOGY.
The PRESIDENT-Some few months ago I gave a pledge to this Board that every applic tion addressed to the Boar I should be laid before it. It has been brought to my notice that one particular application dated May 17th dealt with by me without reference to the Board. year
W 8
The PRESIDENT-On April 23rd, 1903, the Board defined the City of Victoria and Old Kowloon as districts within which the provisions of the Prevention of (Plague) Bye-laws might be carried out, and continuously since that date houses within these districts have been inspected and cleansed with a view to investigating the incidence of plague that is to say, this cleansing goes on throughout the year, and
It was practically an application by year, as part of the scheme accepted by the for the modification of a bye-law in the Board for dealing with plague. Dr. McFarlane regula ious. I admit I was :n error in giving reports a block of 13 three-storied honges in the instructions I did, but as soon as it came to Mongkokin which gix cases of plague have my notice I inquired if in any other similar occurred. He says that some of the houses cases I had acted that way. I understand there have ceilings and that lately he has found dead were no others, and can only e press my regret rats, within the ceilings of houses in which | and say that in future I will circulate papers at plague has occurred. He recommends that once.
|
Didn't defendant say anything about army. regulations when he asked you for this receipt P -I don't remember.
Was anything mɔntioned about a promissory. note?--No.
a judge or something in India, weren't you P
Cross-examined by Mr. Gardiner-You were i -I was in the High Court in India. ;
And it is rather a hobby of yours taking up cases for other people ?— What do you mean by hobby?
j
Something you take a fancy to.-That would. be a curious man,
His Lordsbip (to witness)—I wish .... I had pa known you before; since Cassimbboy died e I have not had an Indians.
adviser · among--the
well as a lawyer, aren't you?—I am not Mr. Gardiner-You are a business man
la vyer.
Well you were a judge ?—I was a pazir. Mr. Gardiner-I don't know... what e thate means; but I suppose it's something big> Con tinuing-Why didn't you show on the receipő. that the $90) paid was paid on account)-I never thought of it.
But you are a business man; why didn't you 2 I have explained. receipt. Do you go in for racing, Mr. Joshi pë Mr. Gardiner-Bat you don't explain" on the, Yes, I
go sometimes, and I have seen you there
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