256
practice in the Colony since the passing of the Ordinance in 1389 and introduces no цеп procedure.
The Bill was read a first time.
The ATTORNEY GENERAL-I ask the per- mission of the Council to move the suspension of the tanding Orders in order to allow this bill to pass through its su s'quent stages.
It is simple in characte and it is desirable that it should be given effect to as soon as possible.
The COLONIAL SECRETARY Seconded, and the motion was agreed to.
The ATTORNEY GENERAL moved that the Bill be read a second time.
The COLONIAL SECRETARY seconded, and be motion was agreed to.
The Council then resolved itself into com- mittee to consider the bill clause by clause.
On the Council resuming,
THE HONGKONG WEEKLY PRESS AND
The Council afterwards went into committee to consider the Bill.
On resuming,
HIS EXCELLENCY reported that the bill had passed through committee without amendment. The ATTORNEY GENERAL-This bill being entirely non-controversial I ask the permission of the Council to more thз suspension of the Standing Orders in order that the bill be passed through the subsequent reading.
The COLONT L SECRETARY seconded, and the motion was agreed to.
The Bill was read a third time, and passed into law.
PUBLIC HEALTH AND BUILDINGS ORDINANCE AMENDMENT BILL.
The next order of the day wi8 the second reading of the Bill entitled an Ordinance to amend the Public Health and Buildings
The ATTORNEY GENERAL move:l that the Ordinance, 1913, and The Public Health and Bill be read a third time.
The CoL NIALS CRETARY seconded, and the motion was agreed to.
www.
FOREIGN CORPORATIONS ORDINANCE, The ATTORNEY GENERAL moved the second reading of the Bill entitled an Ordinance to enable Foreign Corporations to acquire and bold land in the Colony. He said- Sir, the preamble of the Bill practically states the object of i' Whereas doubts have arisen as to the power of Foreign Corporations to hold land in the Colony; and whereas it is expedient to remove such doubts and to enable such Corporations to hold and acquire land therein." Several Ordinances, Sir, have recently been passed in regard to individual companiest the desire being to ensure that foreign corpora fions which acquire land in the Colony shall have a good title and shall be in no way handicapped by the fact that they are foreign corporations. The Government is of opinion that instead of passing piece mesl legislation dealing with invidual companies, that it is desirable to have a general Ordinance to admit foreign corporations which by virtue of their constitution acquire land and dispose of removable property within the Colony to do so subject to their complying with the require- ments of the Ordinance. I may say, Sir, that this Bill is rather more elaborate than the Ordinanca recently passed. It is based on the same lines. It has been fully considered. Persons outside the Government have had an opportunity of looking into it and it has been generally accepted. It is more general in scope and more compret hensive in its character. The object is to ensure that the Government will not have to deal with individuals who make applications in regard to the acquisition of land There should be a comprehensive measure to deal with the whole subject.
The COLONIAL SECRETARY seconded, and the motion was agreed to.
The Council afterwards went into committe to consider the bill clause by clause.
On resuming,
His EXCELLENCY reported that the bill had passed through committee.
WHARF AND GODOWN CO's BTELAWS. The ATTORNEY-GENERAL moved the second reading of the Bill entitled an Ordinance to authorize the making of Bye-laws by the Hongkong and Kowloon Wharf and Godown Company Limited. He said -This bill confers on B certain company, the Hongkong and Kowloon Wharf and Godown Company, Limited, the power of making bye-laws in connection with the conduct of its business and the maintenance of order on its
premises It was considered that the law of Hongkong was not adequate as to trespass on private property and the Government regards the circumstances as of exceptional character and considers that such a bill giving the powers shown in the draft attached may be fairly approved. Power, Sir, reserved to the Go- vernor in Council to approve or reject from time to time any byelaws passed by the Company and that power we think is a sufficient check on any byelaws that might be submitted which might encroach on the public interest. The draft of the bill has been approved by the Chamber of Commerce here and the Govern. ment see no objection to it.
The Hon. Mr. KESWICK seconded, and the motion was agreed to.
Building Amendment Ordinanc2, 1903.
The ATTORNEY GENERAL-With regard to the Bill entitled an Ordinancs to amend the Jublic Health and Buildings Ordinanca 1903, the second reading has been moved but I understand it is not intended to proceed with it to-day and I therefore move the adjournment of the debate.
th motion was agreed to.
The COLONIAL SECRET RY seconded, and
H18 EXCELLENCY-The Council atands ad- jonrued till this day fortnight There will be a meeting of the Finance Commi tee afterwards.
FINANCE COMMITTEE.
A meeting of the Finance Committee was held afterwards the Colonial Secretary presid ing. The following votes were passed:
STREST FIRE ALARMS,
The Governor recommendoi the Council to vote a sum of three thousand three hundred Dollars ($3,300) in aid of the vote, Police and Prison Departments, Fire Brigade, special Expenditure, Street Fire Alarms.
SCH OL REPAIRS.
The Governor recommended the Council to vote a sum of eight hundred Dollars ($800) in aid of the rote Education, A-[uspector of School, Other Charges, Saiyingpon Anglo- Chinese School, Rent of Temporary Quarters:
SUPREME COURT.
Monday, 13th April.
İN SUMMARY JURISDICTION,
BEFORE ME, H. H. J. GOMPERTZ (ACTING PUISNE JUDGE),
AN INTERESTING POINT:
[April 18, 1908
time telling them that she wanted the money before she went to Canton as $400 of that amount belonged to another woman. Defend- ants promised to collect the money, and she then handed over to them the other four drafts for collection. Those amounted in all to $2,600. Plaintiff said that she wished this money in order to purchase certain property in Canton. Proceeding Mr. d'Almada said that his friend was raising the point that plaintiff call not split her cause of action and if his Lordship agreed with that contention then plaintiff would be non-suited.
Mr. Grist submitted that on the showing of his friend they had received $360 and he would argue that the plaintiff could not sus for the repayment of only one of those separate drafta. Immediately those drafts were cashed the money received in respect of them became one total sum. The money was not earmarked in respect of each draft. Taking the figures as correct there was a sum of $3600 dus and not $1000, and, to bring it within the juris liction of the Summary Court, the usual practice was to waive any amount over the $1000. His friend did not waive any cause of action he might have against defendants, in seeking the recovery of that $(0) out of the moneys had and received by the defendants for the use of the plaintiff, but his intention was to proceed with other actions.
His Honour-Is that so
Mr. d'Almada-So far I believe these are my instructions.
Mr. Grist added that in the event of his cliepts being bankers and receiving small sums amounting in all to $1000 it would not be com- petent to sue on each of those individual payments because they were merged in the
greater sum.
His Honour-One debt?
Mr. Grist-Yes, not several debts.
Mr. d'Almada said the drafts were on different banks and though the drafts were paid in on the same day they were handed in at
different times.
His Honour-You say there were two separate transactions?
Mr. d'Almada-Yes, they were 'drafts on different banks.
His Honour-You are sueing on the Dutch Bank draft?
Mr. d'Almada-Yeg,
i
His Honour-Suppose you recover in this action you would still have to go to the Original Jurisdiction.
Mr. d'Almada-I would have to go to the Original Jurisdiction for the $2600. I could not split that up.
His Honour I think I had better consider the point.
Mr. d'Almada-We would like to have the ruling of your Lordship.
Tuesday, 14th April.'
IN SUMMARY JURISDICTION.
PUISNE JUDGE),
NO DEFENCE.
Abdool Khan sued Fazal Ahmed for $91.34 balance due for money lant and goods supplied. Mr. Gardiner; from the office of Messrs. Bratton and Hett, appeared for the plaintiff, but defendant did not enter an appearance,
Lo Leung Yan otherwise Laung Tai Koo brought an action against the Tang Hang Yu otherwise Thong Hang Dyos for the recovery of $1,000. Mr. F. X. d'Almida e Castro appeared for plaintiff and Mr. E. J. Grist for defendant.
The statement of claim st fori: -(1) The BEFORE MR. H. H. J. GOMPERTZ (ACTING plaintiff is a widow and resides at No. 216 Das Vox Road Central, Victoria. (2) The defend- ants are traders and carry on business at No. 237 Wing Lok Street, Victoria. (3) On the 17th day of July 1906 the plaintiff at Macassar remitted to the defendants in Hongkong the of $1,000 through the Nederlandsche Handel-Maatschappy by bill of exchange. (4) The said bill of exchange was handed by the plaintiff to the defendants on her arrival in Hongkong on or about the 3rd August 1906 for collection on her behalf and for her use and benefit. (5) The defendants collected the said Maatschappy.. (6) The plaintiff has demanded sum of $1,000 from the Nederlandsche Handel
from the defendants the sum of $1,000, but the defendants refused to pay.
sam
The statement of defence set forth that the defendant firm had become bankrupt and that the plaintiff had received dividends on
the amount due.
Mr d'Almada stated that the plaintiff after a residence of twenty years in Macassar came to Hongkong, bringing with her this draft on the Holland Bank for $1,000 aud four other drafts Hongkong she went to the defendant firm and the Chartered Bank. On her arrival in
handed the draft of $1,000 to them, at the same'
on
Evidence was heard and judgment given for plaintiff
A GARNISHER ISSUE.
Cheung Kin Ho, judgment creditors v. Cheung Sing Chi and others, judgment debtors and Soop Yau Kee, 112 Station Street Mongkoktsui, garnishes! claim for $146,08. Mr. Gardiner appeared for the judg-· meat debtor, and Mr. Holmes for the garnishes.
Cheung Sing Chi, lately managing partner in his firm, said that before closing his business he supplied goods to the garnishee. He was paid for some of the goods, but the whole of the amount was not settled, and though he requested payment he never received it. He had not authorised anyone to collect the amount of $146.80 from the garnishes. Yee Hoi Cheang was not an employee of witness,
His Lordship gave judgment for creditors.
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