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result that 315 drainage nuisances had been discovered.
The report was laid on the table.
THE CLEANSING OF WASTE PIPES.
The Anglo-Chinese Education Trust wrote stating that they had complied gith the requirements of a notice for the cleansing of waste pipes. They also suggested that the Board should in future instruct the visiting inspector to direct the attention of The occupiers to the existence of the nuisanc“.
The PRESIDENT-It is evident that, as this is not a structural defect, the notice should be served on the occupier.
Mr. HOOPEL-I agree with the President's minute.
Hon. Mr. HEWETT-The notice should ba served in accordance with the "Ordinance. believe this means the orcupier.
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Mr. LAU CHU-PAK-Such notices shoull be served on the tenants.
THE HONGKONG WEEKLY PRESS AND
Mr. HUMPHREYS-I forgot to mention in regard to these houses that they were only completed in Novembar, 1902, then in accord- suce with the law, and they were more or less built noder Government-directions. In Febru
"ry, 1903, they became illegal and the whole of the backs bad to be taken out from the roof to the basement.
The PRESIDENr's moțion on being pat to the meeting was lost and the amendment
carried.
Was
Messrs. Denison, Ram an Gibbs wrote on behalf of Mrs. Leung Sze, of 56, West Street, asking that she be exempted from opening out one half of her back yard as required by section 175 of the Public Health and Baildings Ordi- nauce. The house was practically rebuilt in 1901 and was surrounded by open air on three sides.
Mr. LAU CHU-PAK minuted - No action
am not aware that should be tak^u as long as the right-of-way is
owners like to clean these pipes themselves, - Mr. FUNG WA-CHON-I agree with the President.
The REGISTRAR-GENERAL-Who is legally responsible for clearing the choked pipes?
The letter was laid on the table.
A
A HARSH AND UNJUST SECTION. Further correspondeuce was laid before the Board 'relative to a modification of the require- ments of section 175 of the Public Health and Buildings Ordiusuce. 1903 in respect of Nos. 191 to 223 Station Street North, Mongkoktsui (22 houses on Kowloon Inland Lot No. 1,103.
The PRESIDENT moved that the matter be referred to the Governor.in Council with a recommendation that no steps be taken.
The VI E-PRESIDENT seconded.
Mr. HUMPHREYS-I beg to more as an Tamendment that the Board allow this application to stand over pending Government action in regard to the report of the Commissioners.
Mr. LAU CHU-PAK seconded the motion. Mr. HUMPHREYS-If I may be allowed to speak again, the medical experts seem to some. what differ: that is, the Medical Officer of Health opposes total exemption even if it is possible, but the assistant Medical Officer of Health seems to be somewhat in favour. I think the Board might exercise its discretion and use its own judgment entirely free from either in a case where they disagree. Once more I would impress upon members the harsh ness and injustice of section 175 when enforced without regard to anything but the strict letter of the law. When this section, as it now stands, was first introduced the unofficial members of the Legislative Council were hoedwinked into believing that no change in the law was being made. They did not find out till afterwards that the words by the owner" had been surreptitiously inserted.
The ect of this alteration was not long making itself felt and property depreciated, and it is still depreciating In consequence. Even Government Officials of high standing admit that the enforcement of this sections tantamonut to confiscation, if the owners are poor and have borrowed money on mortgage. In the case before us there is no ques tion of appealing to the Board ad misericordiam but gross injustice can be done nevertheless. Here we have a block of shallow houses gur. rounded on all si ́es by streets which appear to be so sanitary that for four years the vigilance of an army of inspectors failed to detect any- thing wrong. The typhoon, however, blew down one of the houses and the secret was out. Perhaps if the typhoon bad blown down a por tion of the Hongkong Bank it would have been discovered that it too required a back yard notwithstanding its being open from Des Vour Road to the Kowloon Peninsula. The owners are not poor people in this case, and whether the Medical Officers differ or not we should use our own discretion and allow it to stand over.
.
The HEGISTRAR-GENERAL said he minuted that the matter should staud over, his reason for doing so being that it was stated by the owners the houses were only completed as late as About six months later August 12th, 1902, they became illegal and the law required that back yards should be laid down. He certainly thought it was an exceptional case and agreed with Mr. Humphreys that the Board should ask the Governor-in-Council to allow the matter to stand over.
not built over.
The REGISTRAR-GENERAI --This is a corner house. The application should be forwarded for consideration of the Governor-in-Council, and it should be stated that the Board is of opinion that the law should not be enforced at present.
Consideration deferred.
SUPREME COURT.
Saturday April, 27th.
IN SUMMARY JURISDICTION.
BEFORE MR. A. G. Wisɛ (Puissn Jonos).
JUDGMENT.
His Honour delivered judgment in the action brought by the Sy Yick Company, of 137. Queen's Road Central. against Jorge and Company for 8819,77 loss suffered by the plaintiffs by reason of the defendants' breach of contract. The Hon. Mr. H. E. Pollock, K.C. (instructed by Mr. Atkinson), represented plaintiffs, Sir Henry Berkeley, K.C. (instructed by Mr. F. X. d'Almade Castro), acting for defendants.
His Honour said: This is an action to recover
8849,77, being damages anffered by the plaintiffs for non-delivery of certain goods under a contract, dated 5th May, 1906, At this stage it is well to point out that although the state- ment of claim parports to show how the sum of $849.77 was arrived a', yet there is no evidenc before me of any re-sale, or, in fact, of any actual loss, except a bare statement by the managing partner of the plaintiff firm that they had sustained loss to that amount by buying to place. The contract was in duplicate as usual in English and on the back WAS au endorsement in Chinese, T'he first question for consideration therefore is whether the con-
tract is contained in the Chinese endorsements for in the English version, and it must be noted that it is only the English version that is signed by the parties. The contract sued on by the plaintiffs aud s goed by the defendants i« exbibit No. 1, and the counterpart chopped hy plaintiffs and produced by the defendants is exhibit No. 5 and I shall refer to them in that way. Mr Pollock, on behalf of the plaintiff, contended that the Chinese endorsement on
exhibit 1 contained the terms of the contract. It appears that a boker named Sing Ki, alias Kam Chau, acted on behalf of the defendants in arranging the terms of the contrast, and that he had doue so on previous occasions an I that the sudorsement on exhibit I was written an- der the instructions of the broker, and that the endorsement on exhibit à was a mere memoran dum made by the plaintiffs' manager who had little knowledge of English.
His Honour, having referred to the contracts and the knowledge of English and Chinese possessed by the plaintiffs, and after reviewing the evidence said: I am of opinion that the plaio- tiffs cannot succeed as they have not shown any necessity for purchasing goods to replace those not forthcoming, neither have they shown that they actually suffered loss,
Judgment for defendants with costs,
Chins, on April 26th, paid into the Yokohama Specie Bank the price for the purchase of the Hainmintun-Mukden Railway.
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May 4, 1907.
Monday, April 29th.
IN CRIMINAL JURISDICTION,
BEFORE MR. A. G. Wish (Puranḥ JUDGE).
THE TOBACCO CASE, The re-trial of Charles Humphrey Kane on the charge of lare my of tobaco from the British-American Tobacco Company whilst in their employ as a clerk was opened, the accused surrendering to his bail and again plesding not guilty. The Hon. Mr. H. H. J. Gomperts (instructed by Mr. Morrell from the Crowa Solicitors' offic>), and Mr. M. J. D 8t-phens, con- dnoted the prosecution and Mr. H. G. Calthrop (instructed by Mr. G. K. Hall Bratton), appeared for the defence.
The empanelling of the jury was marked by one or two incidents. The prisoner challenge| one man and the Crown objected to other two, while Mr. H. Percy Smith" was excused from serving. Mr. L. Knox was dealt with for not answering his name in time, this incident being reported elsewhere. Finally the following were sworn in Messrs. P. E. F. Stone (foreman), F. H. Pantycross, G. Piokering, A. W. Dixon, R. J. C. Schwein, J. Johnson, and H. 8. Henley,
and
The Attorney General outlined the case for the prosecution. It will be remembered that accused was charged with stealing a quantity of Egyptian Delight Tobacco which formed part of a shipment of tobacco to the company, which he should have seen consumed on the foreshore according to instructions. The Attorney General referred to the fact that the godown keeper who had given evidenos for the prosecution afterwards withdrew his previous statement and gave testimony in favour of the prisoner. In conclusion he alladed to accused's dealing with the Banks, sending drafta to America, and giving expensive presents to several people.
Clerks from the Russo-Chinese, Gərman and International Banks were called. Their evi- dence went to show that he had opened an account at the first named bank with $7 0 and had withdrawn it in small amounts (cheques) in the course of two months, and he had opened an accouut at the German Bank with $500 which s few months later he had reduced to $10 odd, when he closed the account.
Mr. Harper Jaoksu, accountant at the Savoy, said that accused had dealt there for sight months, his purobass averaging $25 a mouth for which he practically paid on h. Defendant lived two months at the Connaught Hotel last year, for which he told wituess that he paid $100 a month. He went there he said because he had lost a diamond ring from the fist where he had previously lived, and he thought it batter to move. Ha showed witness a diamond ring and told him the lady to whom bo was
going to give it if he was her accepted suitor. (Laughter)
The Attorney General'intimated that that concluded the case for the prosecution.
Mr. Calthrop submitted there was no ome to go before the jury, His Honour asked where a number of people who appeared at the Magistracy were, and on" being informed tha they had absconded remirked that the bottom seemed to be knocked out of the prosecution.
• o in. tinued that the whole point was whether extravagant living was corroborative evidence. There was a rule that a jury might not co.vist on the evidence of an accomplice, de would warn the jury that such evidence should be treated with the grarest nuspicion. ' While` he ` would not say that there was no came he would say that there was not much evidence.
As the jury did not indicate that they did not wish to hear any more, evidence for the defence was called to show how socused had obtained the money banked, and how in remitting drafts to America, he had acted for others.
The hearing was adjourned.
IN ORIGINAL JURISDICT.ON.
Before the Carry Justion (312 Francis PigGÓTT).
ALLKORD BREACH OF CHARTER. Messrs. Carlowitz and Co., merchants of 2. Cɔnnaught Rîd Central, Hongkong,' suxi
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