Bound to be signed w
infuture by y
Offices affonited to the post of Register of the Hony Kary Крем Успла
overnor. No.
messey 105
Hongkong
(Subject.)
DESPATCH
RICO * AREGO 29 AUG 31
Resignation of
1881 M. Massop, Regitar
Cast provious Paper.
Put by..
Reports-Has afft!
W. C.I.A. Lanpher to be Acting Refisher &cht P. R. Smith to be Ag. deputy Regishar
Acting appl
(Minutes.)
Geet Capt 31
81-1&S 1030)
AREGS 20 AU Y
My Lord,
Government House,
Hongkong 9th July 1881.
I have the honow to
report for Your Lordships information gitte March last I accepted
M Mossop's resignation as Acting
the Right Honourable
The Eart
of Kimberly,
a Majesty's Principal Secretary of State for the folonies,
Registrar of the Supreme fourt and
temporary and
provisional measure,
I then appointed
Mr Tangster Acting Registra of the Supreme fours, and W. Smith Acting Deputy Registrar of the
Supreme Court.
I have the honour to be,
My Lord,
Your Lord chip's most Obedient,
Lordship's
Hamble Servant,
Government Religi
Jack May
AREGA 29 AUG ST
GOVERNMENT NOTIFICATION.-No. 91.
The Governor has accepted Mr. WILLIAM HENRY RYAN Mossor's resignation of the appointment of Acting Registrar of the Supreme Court.
The Governor has appointed Mr. CHARLES FREDERICK AUGUSTUS SANGSTER, Deputy Registrar of the Supreme Court, to be Acting Registrar of the Supreme Court.
The Governor has appointed Mr. PATRICK ROSE SMITH to be Acting Deputy Registrar of the Supreme Court whilst Mr. SANGSTER fills the Office of Acting Registrar of the Supreme Court.
By His Excellency's Command,
Colonial Secretary's Office. Hongkong, 8th March, 1881.
FREDERICK STEWART,
Acting Colonial Secretary,
REG! 29 AUG ST
GOVERNMENT NOTIFICATION.----No. 91.
The Governor has accepted Mr. WILLIAM HENRY RYAN Mossor's resignation of the appointment,
of Acting Registrar of the Supreme Court.
The Governor has appointed Mr. CHARLES FREDERICK AUGUSTUS SANGSTER, Deputy Registrar of the Supreme Court, to be Acting Registrar of the Supreme Court.
The Governor has appointed Mr. PATRICK ROSE SMITH to be Acting Deputy Registrar of the Supreme Court whilst Mr. SANGSTER fills the Office of Acting Registrar of the Supreme Court.
By His Excellency's Command,
Colonial Secretary's Office, Hongkong, 8th March, 1881.
FREDERICK STEWART,
Acting Colonial Secretary.
Governor. No.
Hang Rang
(Subject.)
DESPATCH.
AREGA 29 AUG 31
Remittance of
#80,000 to C. Agents
July in April last
Last previous Paper.
General Revenues
Enclaces
Statement of Assets & Liabilities
from 1 Jan
H&S 1030)
Mr Meade.
Minutes.)
forceman's refly to our Deck:
20.59 of the 24 May is that in more
fluses than one
the statement
regards arrets & Liabilities Sie J. Pase Hennery has to for carried out the instructions given in par 13 of one desp = 15-1876. Much on 16201 as to that the Lightouses & Rava works Special Fund Crans by themselves but they are still nicluded in the total liabilities
which I gather from the Deep:
I have refered to & the ext; it Enclosed, was noh uitended. the last two remittances
under the
ho. But it is not worth fighting
Bfecially as the
J fight over $
• $60,000 offer will affean infull of Arets but
the head
Duffore the $60,000 rafenditione
hi allears "ro prese
• presents
Comis ordered in
the cush
be Graham & pan 34.2 Sept.
Luck 31. Gupt
REGO 29 AUD BL
-Government House,
KongKong, 12th July 1881.
My Lord,
With reference to Your
Lordship's despatch enquiring
whe ther
the #$30,000 sent to the brown Agents
-April last was sent on account of" General Revenue, I have the honour
e Right Honourable
The Earl of Kimberley
Kor Majesty's Principal exoritary of State for the bolonies,
to enclose for Your Lordship's information a copy of the Acting Auditor General's minute of the 11th instant, stating that.
#t instant, stating that we wer
that sum and the sum
remitted in May 1of General Revenue.
of $60,000.
I take this opportunity
of laying before Your Lordship the Audited Statement of the Assets and Liabilities of Hongkong from the 1st of January to 1st of June, 1881.
I have the honour to be, My Lord,
Your Lordship's Most Obedient
Humble Servant,
Minute on CSOM 11th Jul M
2nd June
C 0. 15002
REG 29 A)
Acting Auditor General's Minute
cson: 1959 of 1881.
May appear
In April $80000, and in
$60,000 were remitted. These
in the enclosed statement "Remittances not yet matured.....$140,000!!
This sum
belongs to the General Revonice,
(signed) Frederick Stewart, Acting Auditor General.
11th July 1881.
HONGKONG.
STATEMENT OF ASSETS AND LIABILITIES.
Monies deposited in Banks at interest,
Silver Currency,.
Copper Currency,...
1ST JANUARY 1881, ACTUAL.
1ST JUNE 1881, ESTIMATED.
LIABILITIES.
Balance in Bank at Current Account,.
360,000 00
3,800 00
4,500 00 2,500 00
136,486 92 102,913 19
360,000 00
Loan from Special Fund, for Lighthouses,...AREGP 29 AUG 31/
1ST JANUARY
1881, ACTUAL.
1ST JUNE
1881, ESTIMATED.
for Praya Works,.....
Deposits not available,
Refund of Taxes, for void Houses,
504,786 92
Post Offices;-Landon, &c..............
32,000 00
234,104 95
266,10495
53,087 84
4,775 37
3,804 80
32,000 th
234,104 95
266,104 95
55,816 49
South Australia 4 % Debenture of £12,400,
Balance in hands of Crown Agents,
61,188 01
64,095 93
(et) Remittances not yet matured,..........
Balance due by Government of India,.
Advances and other sums to be recovered,
Revenue in Arrears,
3,284 19
64,895 74
61,188 | 01
*5,000 00
140,000 00
*3,000 00
*60,000 00
Special Fund-Amount included in our balance with Crown Agents,
Pensions due to Civil Officers,
8,712 08
De.. to ex-Police Constables, Officers' Remittances not yet paid,
2,500 00
*3,700 อย
1,104 20
*1,200 00
Military Contribution,
Expenditure in Arrears,
27.118 64 *26,500 OD
60,000 00 *60,000 {()
Total Liabilities,
Balance to the Credit of the Colony,..........
Total Assets,..
608,342 | 97
734,693 38
Total,............
492,690 81
$75,652 16
608,942 | 97
418,914 #7
315.270 07
734,009 | 98
Items marked * are probable estimates.
AUDITOR GENERAL'S OFFICE,
HONGKONG, 2nd June, 1881,
FREDERICK STEWART,
Acting Auditor General,
Governor. No.
uneisey 106
Hanghing
(Subject.)
DESPATCH.
C. O. 15503
REGO 29 AUG 31
Wo Coughtrie's Claim
1881 for Compensation
Last evious Paper.
and orig
Encs returned No.115. 30-
(6maz 781-1&S 10))
Encloses reports &
the tulpit - Requests ation for a vat of #1500 to
Mr. Compre
4 being fold th
(Minutes.)
163 & end
of the white rafer enclomme will put you in Consension of the general facts of the case. It has been referend to arbitration & the Council have accepted
two the arbitrator's decision;
in Landly
Recessary therefor
Reems nece
to go with the matter; now
would there be
any advantage
Enking notice of the recorrel
questions which
incidentally
ut with it, but we
should perhaps call upon ht Price for the extlaration to his coh sending abbed as to his coh cadas Mr Coughtie the full documents which he
asked for on the 15 Dec : 80 p. 155 & which in his letter
Le exfeessend
of 18 Dec: p. 159 p.159 his readiness to give.
which the fovernor asho may be returned He Bl; totum feems to
contain the original documents of which the white faser containg capées but it also
Min frist long reford which is unfortant
Lane (which is
4 does not affear in the
other viclone) & Me Coughton-
printed lamphlet giving his rejouider
to Out Price, statements, & in
Le absolutely devices the arsection made by hat Trims as to the displace.
his servants : ment of the stones by
which a good
deal turns. (6.7
of lamphled). Scannot see that this forint
allitateatre in
Jases it by,
-gone wito; the his award do
& although Colonel
stract (p.67) reported that, wen
Mr. Deice's velosion,
accepting
obstenction was to account.
not of itself Affinit
the disaster,
does seem an
that the rewants
could woh Lave been examined on i
the aliyech.
alice reports will be found at 3.1 Blue Vol; & pp. 1.89°
I a white vol:& Colonel Stuarts at
p.p. 27:
of the latter, & the Arbitrator': Refort at p. 171.
I may further call attention to the Acting Attorney feneral'; ofinion on the legal asfach of the claim (6.41) & come ancientes & letters reflecting on Mr Price's delays in reforting on pp. 85-87. I have also added Jencil references in the margin of the Desp : to the rages White sol: refered to by
the case
The Governor.
Som p. 89 of the thee tol: the contents affeal with topure exceptions
withthough
to be the same on the white lol..
Mr. Cough the original (of which a feunt is given
referent
memorial Lowever ab
in his famfllel)
6.94, the further observations by dat Coughlin
• the in fortant evidence taken
the Arbitrator including
< Kein ney
Coughtime's, Mr M Kein
& Mr Dowdle's contention.
behalf of the harvey on fencial:
Debts are
found only in
Le Thee volume. (Places marked) the founts of difference not Satisfactorily cleared up In Coryhtin
1. that the new drain brought
addition
water too great for the old drain to carry away.
2. that the Inesting was in: mediately caused by the olá drain getting choked af with boulders grand o being out of refain (Her dut wults widence), & by the displacement of the two large stones by the face of water
Sat. Rice.
1. That it was
lage mough o with fall enoug
cally, three timed the
quantity. 2. that they drain
was not cloked with sandor boulders & could not have been. to the wish of
benny llor great. two latte
that the stones
were displaced by
The watu
That his servants never did anything of the mid Fee The Coughtice's writener)
3. that the Cresti was caused
the by displacement of two stones by hit Coughtrie's Kewants in order to thook night soil winte the drain (oce
vol:) p.i of while Vol.
The Arbitrator does not affear Lave attempted any verification of the damages claimed by & Coughlin. the Commul seem to have been chiefly
ther off
the matter
Lands somehow.
I think was alle
・arbition
Prefs of the work Miger med fat the ance with thatkins Grad it, wit is long.
Giantaies
Cow if the investigation had been regards & capisch prosented while the prestato beliefer on the spot, it wouts have been idiffimct & meratifintoy care for Lo Loc. of State & fire an finir ehere
one pile on the Mans.
ach be sander ehrer porn Putscheinel
bacan peh pinas supporting I as most famous what tho faremos
him on 22 Jf 1880.
Foreno Mears Staging
3. Jpg 1878:
Slaying the case
fuit cens befor
His furt pamite on the phail is
Le press more ansias & share
express raquet that in infortunate
that in enfortinate scarence planter have haght pack
a plate of this is pass that todel of State is called upon & decide an engineering Enaction, withat
Preponcurance of Profespecial opinio Egende heim, thus gears after the event.
Where has been three or less tenzen
This bring.
alase temper & bis strangenant throughout the
his The for house in to suits
In Coughline received In Boodles
The result is not satisfactory but Souffore we much accept & affeove the writ
occasion univilly & unhelpfully, which the cut Jath behi cehall Bowaller Quiltlord from award, though Sshould be wichined to ask why the servants were not
abding being placed upright in the drain. Y and bee hals say Segarcely anime that the daburyofacined
9 Frist Lowever fend.
that bord
wele Vehi
verified of their white volume plote Cythe ask Lin
to It Price to be returned, & to frenish the explanation called for by the forence, but not sufflied by Reich before leaving the
Pondlers
while in the water
his Arevator
Mewating clock the Stomas
Coughtie
was a mistake
2. Price is banged alth free way in which his
calafatins about the capacis of the drain are handbal Gate Inchlag Enginee
Chad Sement, and alt for for referencing the end of the harper profefrind,
achisis of the criterion of an alader. He for a the Mer hand not unreconally thought, that as Clme Stuart while temperauch aur hamton of Comal hade takes wherest in the patte, when anger helps the fat at of a
fromther
desfalty. But there is no dubt that if the case had beam
dewasa buto for on the adice of his proper
a cursand
it would have been comparatives carz & quis a
Cormal approval. settlement arvest which would have leven achase to hi
Coughtive as it hopp
It is fate accent that in the Invay dept, Chmel Strand, and one a the Pavite Prins
House Snoozers & Pulses in to temp
capable of forming an Pair an the matter;ft it is Crausing to both the
har's efforts of the buttormas Generalis
a the littomaz feneralis endearmes & hinc firing in opener
frankly confuses Ensils. (be an examspelent It the falls have Dunbrengs list & casein the
a light season Low been vid et,
Pulmont House Lax hot
if the linkding of
been Mposed by the fort, Nite So
беденная
Road Grain had been him wh. It
Belmont Drain by fort instead of being
camih drum Segume Roase,
in that the Im de futi del boha
for the ignorance alar the to Balmont chaine
-poslilly
Lelibatio
thecouse of
Ab finding of Capt
Thomsett
thew of the capacis of the drain
I decide belimen the Pailley & the Cuit beginering
ho is fanting to right porn on the chain, the Surry daßt 47 Gbe I blame for not at hatine Laing got a round the burdens To Coughline's servant; whow at a later find
blue page had EK
Paine & gone away
in the Cortison
autons as for myself I think that a the who
ith hart miten rest
the Suez dept
fall appoin
From to way to thing was allowed
Saga for fear I Coughton Under
have been informed of all the
opetas pote
Sway dept wiele
tough bonicos proceding in
Reping back weten paragraphs of the
but I thick call when show
response
seems cerland Shave been
for explanations, as it his
in to wire help
The Colony
collas 15650
which can be
while the relations
Ray People & offices
me draady fofficing
Pur Sext 16.
Cin littered
Where is s
when she
recollies the hilly
I rocky mature of Hong Wang Soil, tat
When it becomes kaan that how Coughtie Las non
the day, a pockellad the
we shall be called wont pay dange
Ater Lowes Was for the rebridence of
dealling
hill pole, in consequnes of
ebrains.
as both Eith
This matter has heer duiched by the Hacher Marter sitting Acliticton $100 banten awarded to the complemant and in par
par & the for anks franition of this pragmentin Whould give it and say that it has not appeand neupay A tathe any further action.
the Sulject.
sunefull
dont think Sevive a decide this old dispute.
with her luade.
decis im
epentially handling
be peniticult
Colors at authorities.
Sept 26/81
RECO \REG? 29 AUC SL
16th June 1878 $20th June, 188!.
My Lord,
relating
Government House, HongKong, 15th July, 1881.
I have the honour to-
copies of reports and minutes claim made, in 1878, by
Mr. J. B. Coughtrie for compensation
to the bursting of an old drain
Right Honourable
alert of Kimberley
4 Majesty's Principal Secretary of State for the bolonies,
under his house.
He alleged, and bolonel Stuart, then a Member of the Executive Council and bommanding Royal Engineer, agreed with him that this
from the fact that
into the old
a new drain
had been made
by the Survey Department which caused
accumulation of sand and
ultimately
excessive pressure from conveying a body of water larger
than the old drain had been constructed
to take.
alleged.
On the other hand, Mr that Mr. boughtrie's servants
had been in the habit of removing large stones from the top of the old
drain to throw down the night soil ints it; and that this was the main cause
of the accident.
The application
the 2nd of July, 1880, and referred to the Attorney General
and then to the Executive bouncil.
Owing to sonce
Department
delays in the.
in the Survey in dealing with the papers,
I was unable to bring the question
a final decision till this year
The Executive Connoil
recommended that the question of
dispute between Mr. Price and Mr. boughtrie should be referred
independent person
evidence and report upon. This was
done by baptain Thomsett, the Marine Magistrate, who reported that Mr boughtric claim of $1,500.
was entitled to his original
As the Executive
Council, and the Finance Committee
have concurred in the justice of this vote, I recommend Your Lordship
sanetion it.
Unfortunately Mr Price
complicated the question by charging Mr. Coughtrie with being guilty of personal abuse of the Surveyor General, (and he (Mr. Price) also attributed motives to bolonel Stuart in the
advice he gave of my Council (when
(when in com
in command
of the Troops) and in the professional
opinion he expressed
reference of the papers to him on a unanimous vote of the Executive
bouncil.
I believe there was no
ground for Mr. Price's insinuation
against bolonel Stuart.
Some delay
misconception.
seems also to have
arisen from the unfortunate fact that Mr. Price, who was
Acting bolonial an
Secretary for a short time, when the
case was
before the Excentive bonneil, did not send to Mr. boughtrie the ~
7 whole of the extracts from
and other survey Office reports
case, that the Executive bouncil had-
directed.
The report of Dr. Stewart,
the Asting Colonial Secretary, insertion and omission of paragraphs,
will be found
page 125 of the...
enclosed sopies. The paragraphs
omitted were
essential to Mr.
· Coughtrie
in preparing
rejoinder to the -
For convenience of –
Survey Department.
reference, and to enable Your Lordship
Mr. Price
for an explanation
on this point, which his departure
from Honghong in December, 1880,
prevented
from getting,
Jenclose
the Original papers,
I have the honour to be,
My Lord, Your Lordship's Most Obedient
Humble Servant,
Trong bóng
15th July, 1881.
Governor
Sir John Pope Hennessy, K.CMly.
1 The Right Honourable
The Earl of Kimberley
Transmitting papers relating to vote passed by the Finance Committee of the Legislative bouncil of $1,500 to Mr. 9. B. boughtore
Csow: 1504 of 1878.
Mr. J. B. Coughtice's claim for damage caused by the slow of the
to his house Belure. »
Acting larveyor feveral to beting Colonial secretary.
26th June, 1878.
Isma report and ~
corresponsense concerning the dan af-
One Enclosure
Note. It is to be borne in mind that this sectional sketch does
not aim at a perfect representation of the actual shape of the server, but merly represents the
which the obstachon
was caucać
(54) Suct
The murandum by the licking Colomint
Secretary.
2nd July, 1878
1. This is a claim for deveral
thousands
Vollars agamist
the Government
Cross sectional diagrawe Shining in red the portion I the two upright"
upright stones.
Drain going indirection of Belmont.
The red dotted outline. upright. B Stone shows its position while the night
Soil is being shot into the drain.
After this is done. it is replaced as.
alleged to have brew caused
to M. Aughties property of
Belmont by the Action
Surveyer" "General. Departintul.
The repary
to Mr Coughlies
honze occurred ow the
Memorable, right of the 22nd
of May, and is due to the dction of twṛ Aughtues Rewant
having cloxed the Govirumal
drain passing through the
primuses. by
surans of two
squarely cul oblong stondo
placed uprightly as whowwin red in the diagrams-And- : braving so formly agauish the
Coverstone.
of the draind that
that hot loin the Shim
the 227 ultimo vere
able to dislodge them and
clear themselves a pariage.
the Trimble
In him of läking to convey, the daily refund and night Loil
Every -ing to the proper boats along
the Prays, it was the practice
it Belmont
apparently
Simply Choch it hits the drain : on to the little ledge where I
have sketched a bucket by way of indicating the spot, the upright (red lited) stort= bring lifted back during the
replaced
Ach and then
their original upright position to as to effectually conceal. the tiregularity committed_
and which but for this scree
M. Aughtic much doubtless:
lime have
In course of dilected and stopped.
When the Storm Came
the torment of water Chooting
down the drain found itself
these two upright
oldtructuris and
push them
bling muable
up through the hole like a gigantic formulamn
the blue arrond in the
Skelch, and flowing over the
surface of the promed one sheet it swept Everything before it and covered the
Fardend and lawn with
Land and whit
unforkmately
Chat Belmont is a very badly built house. It slands not
upon form solid natural
prosund- but
artificially heade baskik of
round boulden Covered
bith a Experficial layers of
Made Earth. The Shuchure
has to make mullers worse,
to proper foundations such
required by our Elatutes,
and it is riddled in
in Tolay
direction with cracks and
"Settlements" which as
appeared have been plastered
over and concrated by
- wach from time to hire.
The made Earth upson which the honse Elands became
Easily melted and wacked_ down into the gerah hollows
and cavities Existing the boulders below, and before
the Great Elori was cree Cracks had begun to appian. from the dunking of the foundations which were only
4 or 5 inches deep inflacio In hew of being 4 ons feel or
hurd, as
they should have
brow to impart anything the
Stability to the walls.
In hew of at once Exam- -ming his prennero and Endeavouring to ascertain the Source of the musching,
In short, in hisis of putting out
Elores och of
the drain and Raving honse and fardie, Mr. Coughtie Indesirons & wit had felt, rent for the ticking Surveyor General
at 3 am, and that Officer
happily for the Government. left a sick bed and guided buy the lightening reached- Mr. Eughtres Munice drenched to the skin. The "Forentain
as chave brived it allindest his altention after a shock Eurory of the foremnero; and he was able by passing ti
hands all over them to dalech the infortunate position of the Ros upriglet
aprif stints clanding in the arwir and presenting
Ulectual screen againch the
pacrage of the waters - By
this hind the clorum had
abaled and pering that the goline of water how conning
through the drain was
Small and could do no
further damage Hr. Bowdler lept Entending to schein by daylight, but before his retum the Werecer of Drains Mr. watts visited the premiko and detecting the position of the two Shonto removed their baving the sewer as clear and free
as it has always
In this case be are able to prove that :
hup so possible agency
oller than the hands of man could the hoo upright Slones
have come by the praction in which they were delected by Mr. Bowdler and by
&. that on the day after
the storm-tunknown & lur
Coughtric and in spite of the has stones having been Umoved by baths for ~ Coughtries Dewanto continued.
the deposit of freels rightart
hi the Lewir.
that after
and very dangerono process
of excavation's rear the house foundations, in order to arrive, at the dram to mspect it, the Faller was found nowhere.___. furah on chotted up. It's
Waterway has since been proved
to be free throughout and it
has Quice carried
of autrequent alors
There are a
Mumber of Minor posito in favour of Government in the limperading
Luit, sinto which I do ust enter In this brief and preliminary
Mimorandumd.
the blur coughtre's
rufortmate pashuse, we Irons that his case has ken
formulated buy her. Wilers in
Combination with M. Pdrund
Sharp- the Ewwn Cheilor-
intimate friend
And associale, do that I
apprehend this officer would
not desire to be conceused In the defence on behalf of the Crown in the Event ch Mr. Aughtric electing to have recourse & law. It was
very ratural 45. Sharp Should Seppattige with his brat friend bi this very sad misfortimer and I trust rup precark's ou This point may not be
Misconshard hito
reflection on Mr. Sharp- want to
Love from an unpleasant
peration
(Signed) J. M. Price
Acting Colonial Secretar 25 July.
Fiminute by this & xellucy, the foverecor
30 July 1878
In the Attorney Jenson
(Aigues) JHope. Csow 1615 of 1878.
Acting larveyor funeral to Alling bolmcial
9th July 1978
Fonwarding further correspondenes
&mind; by ther Acting Colacial dentary,
104 July 1:78
Sonwarded to the Morcorable Attancy
fuse int.
(Signed) J. Mr. Mice.
Crow: 1808 of 1978.
M. J. 15 Caughtrie to dating Colonial Resurs
July, 1878. Chansmitting kremorial for embriision to His Excellency the fouruor
Euinte by his &xcellency, the Soveror
12 August 1978
Summediate.
To the Allorey Jeveral
Possibly the Acting Surveyor
Jeneral's letters, &c, and Our Price
7th July, which I referes to the Attancy
the 5th of July / I can see in
reply be my minute of that date by the atomny fueral)
will suffice for My Phillipe to bace an opinion expor in considring
the hemorial.
(vignas) 2, Popo Hennessy.
alternator by the Honble Live Altomy Seners,
10th August, 1880.
The Governor's minute
of the 3 only did not appear to Are to require a reply, presunier the papers were vent lo
for the purposes of affording me artfoniratinis six respect to certain proceedings threatened or your wish the
* 4*** 71 742
arded the naked
to the Colonial secretary's Office
the 12th verly when
Cørrepondence ANTNÍ
enggeshing that o
sent to ett r
and the papers
if prisp
furnished
reply should
ود دارد وه به چه درد د و رود و ردمه
tvere vol Alturzied
With regard to His Excellenes:
minute of the sette as I dorrol - know air what respect an opinion
is denied of
only say
that the statements and explanations
by the Acting Serrecyor Eeneral
by Atz Price secus to me relievvely to show that
in vernment cannot be held i
any way responsible for the damag carried to Mis Coughtrie's house and grounds of which he con plans, Senay
add that the gran
granting
or not of Mr. Coughtnes present-
application trould seem to be.
question of Policy rather than of Law.
(Signed) Seorge Phillippo
Avinute by St. E. the Governor.
10th Aregist
Attorney
Agreeing with the
that this is rather
question of Policy thaw of Law,
I will bring it before the Executive formeil.
have a dr
It would be well to
dreeting
whenever Air
Price Abisinks it most convenient.
to the dier
Meanwhile, let stie
papers be circulated/ amon
Members for their informations.
(Signed) I. Pope Stennessy
10th August 1878.
Atinute by the Acty. Colivial Secretary
12th Airgerst 1878.
Forwarded to Honble, simvers
of Excentive Concil.
By Commands.
(Signes) I. At. Price.
soning ajjarnip by spring?
By the souble. C. C. sinith-
130: August 1875.
2'752725)(mibya)
By thw Horrble The Attorney Enverab
G. Phillippo
13th August 1878.
Extract frometuinates of theo
Excentic Comeil
156 August 1878
His Excellency Governor I. Pope Hemmerry, QinG.
7 The Honble The Colonel Commanding the
Colonel Stuart RE
7 The Honble. the Aety Colonial Secretary & Mt. Price
4 The Aeuble the Attorney Generale. G. Phillippo
The Houble. Cecil Clemente diville"
the Governor lays.
Jupon the table papers livconnection rewith on clains made by.
4 Aughtric for compensations frond & the Government for dama yesvanve
I to his
of the Zom
right of-
leay. There
I papers had beers already virentated
A Horreurable Arounberg, and Eatinget
that His Excellency states, 112 Coughtrio)
•harring
aboridoried
staking legal proceedings against
" the Government, and that therefore
nagreeving
as be the Givernor
does with the Attorney
y to whom the papers had been! referred that the matter had
Mar becon.
of policy
; thaw law - the queshow for the Jérmeil to consider was whether
4. the Government should racecde)
to the foughtrics proposal to submit
4 the case to arbitratios,
Disenssions
"in which the Stonourable the
4 Colonel Commanding the troops » (Colonel Stuart) differs from the the Acting › Colorsial Secretary (the stonourable
I news entertained
; J. M. Price) that the damage.
to the bursting
of the drain which pan
Invider the house and bad I been faultly
Contructed by
Government.
Since nowever
Colonel formed his opinion from
ial observation only, a
I persona
I had not seen the surveyor
General's report nor the other
I papers on which the Acting Colonial Secretary's view of the
"Case was based, it is resolved)
Aliat before cir
definite conclusion on the matter
I all the papers be forwarded
I for the perusal of the Stoniourable the Colonel Commanding the Troops :
Arinte by the Colonel Commanding
27th Aregust 1878.
I have read all the
papers, and evenha
eventrally
e should
tuako dorre obeer
n's detail urport the Caw, as
& happen to have had persorral
acquaintance with it.
Dyvyip p
present I think it would
be, muore Convenient if & merdy drew the attention of stis Excellency
to the fact that Mr Boudler- in his Report of 26th Imme states "neither did I informes M. faughtrio
of what I had secr
the circumstances I did not-
consider it advisable to name
the matter to hired, alludin
alluding
the stones which he alleges were
the canQU
of the disaster
evere, he contends, to placed byj Mr Coughtries servants as to work
the mischief Therefore thoughtre
bras mot dind an opportun
of replying to the case made
the Surveyor Ge eral's Department, indi II
suggest respectfully it might be desirable to forward
to Mr. Coughtrie the Extrack out
the Reports of Mr Price and Mr Burdler varked with double pencil lines invorder that he may reply to them. (Signed) W. J. Stuart.
paphs August 1878.
3rd Septe
By the Stonble. I. M. Priev-
I do not disperse for a moment Mr boughtrie's ignorance
of the true cause of the disaster, (i.c. the two upright stones in the drain) this I presume will
be told buin potion he
reply from His Excellersey. M2 Coughtric knowow of the presences of the upright stones placed across the drain by his own servant, I feel assured he never would have made any claims ou Government.
(Signed) I. M. Pricee.
3rd September, 1878.
elliviute by His Excellency the Governor
3rd september 1878.
Write to Mr Q eightie
Averting to his demonal and saying that I cliviste it proper
that he should see then cloud
extract prine Official reports for
CC..༡ to
oburvations he
NARE ANJANA
(Signed) I. Pope kemnessy.
Aduenite by the Act Colorinal Secretary 50% exptember 1878. Made copies of the Extracts.
(Signed) I. Mt. Price:
Mr Coughtrix to His Excellency the dove mor
¿3** October 18778
tehnowledging copies of
Extract from Ofpeial, reports and
submithing
his observations expor
the devout
Ale Cax made ou
General.
Minute by Stis Excellency the
Governor
th October 1878-
Greutate among
of the Excentive Concil.
the Makya
(Signed) S. Pope Hennessy.
Muinte ly
the dehiy
Colonial Scretary
5th October 184
Forvarded to stenourables!
Members of the Excentire Connel
(Signed) k. drøy
Unintes by Mouble. Members of Exécutiolamal
By Stonble. I. Mt. Price:
5th October, 1878.
(Signed) & M. Price. Further duinte by Ston. FF. Mt. Price.
7th Octobe
I have read these papers,
but do not gather from them. that His Excellency calls for at
report fromí bao, adduced that is the slightest.
degree modify the decisions I arrived at after a careful and simpartial investigations of
Case, Avlile the want of mo
deration
in the wording of Mer Coughtries reply is only is accordance witho
ANVI DJ siny 9 aybe y pfinijo pa aj vytay orgy app myn mmivada prɔɔɔy v mahu nayło hin
his indignified behaviour in
1 2 4 2 2/
popryzys an
11 راه و در دایره
211 21 } } } } },
(digned) I. A. Price
poyraz v
I haw read Mr Coughtries
9th October 18978-
{עיייל (קנה
tached) away partly
ea grytmy banaisą agy pony
estris failure of the Colonial)
in appear
jalassay mga by my projov pyły
syrup my sad ang pinoff
pay y su
Generals Department.
oggy fa arriva may of on pays why goining sharp ng på hemy mga fo proga qy want y gofraf
קיייייי*
thwashial facts of the lazy, should
dasry maria buvo to
Tynnyinfo si papratio of qni
Almarki, abeo, tivat
Exhalt forunrded to M& Coughiting,
ohaamnay any
hg mmmnyu ayy y
General's Department,
aponry ayyyhin zip pay my of
(Signed) M. J. Strain à
case for investigation or aberration
و رد کرنے اورد ولدم
nga er aviyi or t
ورده وردود
Coniglitrio says
pantry of any
TIPPYI 237 21
sustained by his property by
دیگر گرد کو
2.pt May 1878 Saws of opinio
-to why you jump spy
The reports of the surve
v q x x x x y z
eral subeiðnun
Officers of his Department satisfy
A my sựpy
mapybos) zip fo many m
The Stoneblaike Colonial Secretary,
د کار کن بره بدر
1° 7 7 9
the papers
before a Court of Justice when
muf jo prAYDINI
question
ده ره وه د کرده و رو دار
applied. The Excentive Commeil
is hardly is my opinions a
roper tritummal to exa
1 2 1 7 2
Moja y pomb.
to prefer
Carelasins
affected.
gonnen rybam posiz
وه وا ده برده
گاه جوره و راد
OVI MITYJN
PIANNYA SYy advɔ
no pouf fo mayor
several days
pers) may bag bygd.
quishies of I submit for His Excellency's
I do not ecc
how the money
Chix be.
decision of
Park The
Mr. Coughtre a remedy by a
Petition
paya ay spinyrp viv 19??y to
be told to have recourse to it.
Colonel Stuart conveiders.
DYMUI mang ang ana x VYV
any indemnity to M. Coughsive
aw awards of a Const
would enta
a precedent which might proves
neonvenient hereafter,
ده خود به
Coriglitric for investiganin Submitted for Stis Excellency,
(Signed) W. H. March?
Colonial Secretary.
Extract from thinks of the Excentive Council.
6th March, 18719.
His Excellency the Gorconcr,- 1. Esterencesy Call. The treble the Colonial Secretary, #t. N. Marsh! The Souble the Acting Allorney General, 1. Reissell
The Souble. I. Mt. Price
His Excellency the Major-General Commanding Major-General Zonovan,
"It is resolved that the
Woughtric papers which had I been standing over for consideration.
"should be jorvardeds to the Acting " Attorney General for bees information
Minute by the Olesto
Conncils.
th March 1879.
Resolved in Concil
that all the papers in
Comnuchin uitle ette Conightries
ardeds for the)
perical of the desi
Aching Allorney
lrich to
Eeneral, sent to His Excelleney the Governor.
To the Acting attorney
(Signed) N. E. Arodehouse,
Olers of
Commeils.
luvinte by the Acting Attorney
10th March 1879.
(signed) S. Rexzell.
Arai nato by His Excellency the Governo
18th learow 1879.
Was this the Attorney General's opinion ow the whole Case. (Signed) I. Pope stemasy
duiute by the Ashing Allen
Zpt AvaveAEGG,
dimde on separate cheet.
Minte by the Acting Allorney General
2124 Mar.ch 18779
Ur Corightne
was well advised that a Petition of Right
Tobrics. The Queens 10 vindt
N. 5. 1029 decided that a intition of Kight will not lie to recover Compensation for a unugful act done by
servant of the Oreven
is the sunpored performance of
his duty- and generally will not
lie for a claius
ded or lort
that the "Keing
this be@anev
the Stor
2 2 2 172
The (olonial Secretary has apparently.
overlooked the fact the
(oughtria stated
he had no
tiv tris tis his tremorial
@ace at law
against the Government
ets the papers are at present, with the Ovingtries
I should advise
last rejoinder, hard to take legal proccedringe)
difference
excited beteent
the diffe hwand a fellows subject although
as defence of vis major might
sneccesfully pleaded. But I understood the Surveyor General to alert that the drain under
Mr Coughtrie's have was not -
Government drain at all and
that the large drain
very small cubic capacity and
could not affect the questions.
The Serrvey Department
MA Corightrie
are at crud
no to the fact. How is that
rive to be determined, and/
if it were advered to the Every Department would this Evernment be inssified is an ardiing damages
establishing
Mr to tre forightrie, and ex
night prove
a precedent which might
and trouble come.
point bon ever on which
That is a point livr
the Eovernor is best able to ndge.
(Signed) darmes dussell.
Athing Attorney General
21st March, 1879.
Miriute by the Colonial Secretary.
The Surveyor General
stated that ollier persono avere
waiting to
ux this Case
ademnity granteds
his order to prefer similar
(Signed) A. St. Marsh
Colonial Secretary.
2pt Marca
Aurviete by His Excellery the Governor
24th March 1849.
Next Excentive Cormeil.
(Signed) d. Pope sterness,
Extract from Minutes of
Excentive Conneil.
26th March 1899
Present.
His Excellence the Governor John Pope Ste-
" His Excellency thisdrajos - Ferreral Commanding Atajos. General London.
"The Ston the Colonial Secretare,;, W. A. March " The Stow. the Acting Attorney &neral, the walls
"The Htor. I. Mt. Price absent from indipocions).
"The considerations of
" the (oughtrie papers is further "postponed."
VIPSY ny spy
The Colivial Secretary.
Referred
yaswap y uplovitiya)
Q * \ ? ? ? ? z
engpuf anf porn
bust your 9 SG
report of furicyor
Colonial Secretary.
blst grip 5 ST
etturiuse by the Surveyor General
Gets September 180.
elle Coughties repinter
merely contadiess
statements;
it does not disprove there.
Corightric
now tapers dur
exhole questions to a villis is a very
stating that
founds his claim on the
metais of the Public tracks
Department
artment having
drain site the maller or reruming
trider Ais
and Abat-
in consequence,
this smaller
diari buret a
and tivideri
his home.
What are the facts?
(1) that the la
rger dracs collects
Alo Avators of an area H4Y
six extent.
That thoracis falls
on the 22nd of tray during the
کاری دوره و
limite by the stonourable! The Aening Atter way
Reads. The surveyor
figures seem
General's
(Signed) Firmes Reventl
mmy y amp
further report rivaline Case
like to see
(oigned) the it. itearth?
house ryggja
sharp npm if
Ang Vy Mp
de by the Colornal Secretary
یگاه هواه
rumening
Mr. Coughtrie's
is 15 livelies by 20 inches with fall of 1.4 foot is to feet
and that calculated by the
to its deli
2277 cubic feet pro minde
figneds I. M. Price
wwwnny shayjo
9th September 1879.
2-11 VYV71
spravy po kozjan sa p (!!)
you whe feet per triades.
big pungiagua -aging any q
اری ( 2012 yo ده برد دم در دیده را ده د گارم
De gf my pynny P
thire papers before,
fo quinn77)Y PIV LAYOVIP
خورده و ورد دهه داری
(Signes, I. 1. Price.
going banner brys
13th deplorerber, 1879,
Extract from dtuintes of the
Executive Council.
23rd December 1899.
His Exellency the Severn- ». Toposte cervesey. Oms.
His Excellency Chantraprenent Commmandring, the on-
General Donovans.
The Honble être Colonial Secretary,
The Mouble the Active Attorney General, et Rusull
The Horible J. M. Price.
"It is a
4 the foughtric papers with the Surveyor Generals latest report. "upon the Case be forwarded to
4 Colonel Stirast Commanding
4. Royal Engineers for his opinion, The hearing
attenber of
interest in the Cane's
and having then beew of opinion
the lawR
for arbitration
Colonial secretary to Colonelstuarthe
e 1o 1626
Colonial Secretary's Office
Hong Kong 20th Decembe
I am directed by It is Excelling,
the Governor to request
request you
favour hun with
your opinions.
t/tt the accompanying papers
what is krimin
foughtric Caze.
His Excellency is aware
tiave lakew
taken a personal
interest is this case, and
further report.
to which stam
to tercer your special allentin
has been un vado
the Surveyor
Ineral data the 9th September
Molonel Stuart.
Commanding Royal Engineers
since the matter came before
your capacity
of Council, A is.
as Member
Excellency will
be glad to learn your opinion
on the care as it nor stands.
I have, re.
(Signed) M. N. March
"Colonial Secretary.
Colend Stuart, R. E to Colonial secretary
Horigkong both ear incare, 18:0
pliance tirth the
request contained sis
December 1879, é
1. 1626, of 49
have the
following
remarks for the information
of this Excellency the Governor upor what is known as the "foughtrie Caser
(1). The Furveyor General
says in his last minute, that Mr Coughtrie does not "die; rove
the Statements made by hand.
The fact is, that Mr Coughtric
opportunity of so
His prayer.
The Honourable.
the Colonial derotary.
is, that be
و در خود و در دراد مردد و در واحد
yang way
his evide
stakes leis abili
allegations
opportunit
ry any tom provis
General's Department. #repeertion
praf pr\pp pyny wyy py
monsy ory of nip shum
in compensation
brunn fo
proving his case before some! simpartial tribunal.
With regard to the
" facts" and figures given by..
PLAY ANY pymp
as to the fundamental point of the duration of the try heavy rain, and the at- consequently his calentations are mullified. A reference to the local newspapers will show
great fury's at 7 part to the rain poured dori
to 3 there
brief cessation
paviny areajo nje yonya nito
در رده دوده
1/4 past & when it bega
Thus the periods of very
heavy rasvavas on
y mun vaja
-fry majo yra
for his calentasi
arrafran gua arrest
brynja pony pag bump
sap jap tranzy para}}
Op ·2073 f *}}'
(2) IJVIN
by pupugnava Tapa
aspari faarja
having been
nzy up angg
grigarf er
1 7 2 1 } }
his calentations of the delivery power of the "smaller","
trace ow the wee
the armuphow that
Alo Avbote of the area of theat
draine tras available for the passage. ofhervater
bist ell? Coughtrie is prepared to prove that when
the drane was opened it was
found to be, to a
great extent, choked with dand). He is also prepared to prove that this sand must have been brought into the Belment drain through and by the larger drain which the Surveyor General's Department led wito it, the proof being that the old, Belmont, drams takes
ow the ch surfaces of the terraces and slopes of the houses above, and
that the inciver drains in
question
question takes the water from.
the roads and the hill side
above. The Frimont dranr.
therefore i aving
ben bûvchid
with sand, Conil d
not douver
anything like the amount of water started by the surrveyor several. and hence the inferences which he leaves to be dranw
his facts and figures.
to be cukrtained.
But even the care
set up by the surveyor General's Department, if it were
challenged
is incufficient to
it for tvliat occurred. He
alleged tampering with
ing with the Belmont drains, at a point in
it, higher up thaw where the
ace ident
l the home took plnet,
decd acer
the flooding of the garden
the washing an
array of carth
about the fri
of the house, but it
lay out a large
Constructing
dow w tylniew to divert
how evtratever of
the side
༩༩་ ་ ་༩་༡༠ covering of the drain, deep Erron below the foundations of the hou26. This damage to the drain, however,
would acarity
to a le ri
درد در دمر
ovogring of it with more water than it evuld discharge.
The acts of the Surveyor
(4) General's Departe
not appear
to support the views that havd
been expressed by it upon thee) quishies. For if the old, Belmont,
good and sufficient,
and if the le
"Largen" drains
right and
proper and free from danger or objetos, why did theat Department_
the accident to the house-
Uletvalet
from the Belmont drain, the
water Milch ett Congabrie
the damage? The
interids did
delemma is evident: – Either an
experse was incurred, objission to alluring obietie the connection of the larger with
the smaller Belinout drain to reware, had bow recoquired
by the Surveyor General's Department. (5) Starring visited the
secne of the accident in question
mediately after it preured rubecquently during the
troeces of examinatiw,
was wis a parihin to form
tolerably clear views as They of that accident.
to ttre caUWO
parking through Mt. Conighties
کردم، ده ما
very hour.
and faulty, construction, as
VAYI ALIII
gran prisp
this latter
داده و به درده درد دوام وردوده
x por ed
manj printpry pry
to be this: éhe old Belement
tuch it is
treeetLA
Surveyor bel
to cometoa
l's Departmen
is not at all
prev qy prow
VEDINÝ VYNIA
2 0 0 1 1 1 d
probable that it had been
damaged's
the date of
viore or less, before
ANVI HIVY JO
by j. apr pprraeg ynyz
by the Sure
Several's Denti
the old drain became
at the place of the sand denot
bus qui ornny off
to manymusf og en
vagy tapos ng lamny nyv
1 } } }} FINE JIWWII I II I JŲ
The grew drains led by the Surveyor General's Departinent-
VEL AYI pi
great quantity of
trader, and dand, to
the old draiv had to sake,
KOCOM doch
the foundations of Beluark
the surface of the gro higher exp.
This explanasin
jjy przyzgava of quinn
of the circumstances theat
topy ways 'povira do
does not.
Several's Department
I have, so.
(Signed) M. J. Stewart.
Oolonel.
Off 9990
Colemine seeremary
ych January, 1880
be referred Several
saliway my y
(Signed) W. H. Mearch
7th. Sama y 188
inti Secretary.
་་མན་བྱང་དོན་ན་
devinte by His Excellency
The Governor
Write to Colonel Stuart
conveying to hin
thanks for this
his taluablereñork
Then to the Survey &
General and
the other Miembora
of the Excentive Euncil for
observations they deve
On receiving back the
papers after evreulahin we
will meet and dicenes th
aishow in Excentive Commeil
(digned). Popo Henessy
8th January, 1080
Coleerial ¿coretaryj të Úleret Stecart Rṛ.
Cole mal diexetary's Office
I am dirieted by His Excelling
the Severner to convey
his best
thanks for
report on the Con
i talenable
the Coughtrie papers.
I have, re.
(Signed) W. N. March. Colonial Secretary
Colonel Struast
Commandring Royal Engineers.
ap n n nnn s
the Colonia (
by Secretary.
f the Farmery 1880
To the Sure you Generals.
(Signed) H. E. Wodehouse
for the (diniab décre
8th January, 1980.
C.S.O. N. 958 of 1880.
A? Coughtrie to Colonias Seer
2124 April 195
Forwarding further
documents relatic to his cine
Urinate by His Excellersey the Governor.
24 April 1880.
At the Executive Comicil
last week is asking how this
shod Lavas hold the
paper. had gone again to the
Surveyor Generab.
send this to trrivalso.
(egin). Prvot
•Minint by the Colersial secretary
22nd April, 1880.
To the Souble the Surveyor
Feneral.
(Signed) M. E. Wodehouse, for the Colonial Secretary
C.S.O. N. 1570 of 1880.
•M? Coright, io to Acting Colenial Sech
Requesting
༢ ད་ན།་ ད་
25 June 1880.
decisions regarding his claims
Menuse by ott is Excellency the Governor
26 shume 1880
• theowledges
hens that
enquiry.
and infor
agains making
I find that the last
reports on Alvis du
beet are
under the conveide
oncidefation of the
Surveyor
Surveyor Excerat, to ixtions of
have AinAN
to be referredi
se letter
Then to the surveyor Sentrals. (Signed) st. Pepe stomen
altunute by the desving Colonial See retur,
1. Letter No 728 to Mr Coughtrid
To the surveyor Eureral for
a whort.
(iligned) Frederick Stewar
etching Colonial Secretary to M^ Coughtie
Colonial heretary's Office Hongkong 26th severe 1880.
I am directed by the dovernor
to acknowledge the receipt of your letter of yesterday's date regarding
clain for Corry
for dania
for compensation
. . . B. My nightrie, Excf.
your hou
the 22nd May, 1878, and, in
dam to inform you ́ that, on again making enquiry, His Excellency finds the last reports
and still u
on this subiet the considerations of the surveyor Several, to whore Hi's Excellenty has now caused your yesterday's
to be refered),
I have, ro.
(Signed) Frederick Stewart Acting Colonial secretary
C.S.O. N. 1949 of 1880.
• 11th Coughtrie to Acting Colonialicety,
6 the August 1880. to be informed
Requesting
when he may look for a definite reply in re his clarins.
euimte by His Excellency the Goveonor
Immediate.
write to Mr Price stating the
substance of Mr Coughtrie's letter
requesting
some explanation.
of the surve you General's delay
iv deali
with this case
Leaking with
Write to Mr Coughtrie
as ein Letter 1: 7/28 of 260th Fres
a. altered is pencil.
(Signed) S. Pope Stennessy
•Acting Coloral beretary to Surverpovetural
Colonial écretary's Office
Hongking 9th Airquet 18801.
I have the honour, by desire of His Excellency the Governor, to inform you, that a further letter was receives on the 6th instant promour Coughtines
look for
enquiring whew be
defirrite reply
with regard to his
claims for compensation for the damage.
done to his house ow the 22nd
1th Ar equst 1880.
Souble. I. M. Price
wirrveyor
sant request
trag, 1878, and of
explanation of courdelay
iis dealing with this Care.
I have re,
(vigired) Frederick Stewart
Acting Colonial
Colonial Secretary.
• tehing Colornal secretary to M. Coughtie
Colonical Secretary's Offièc. shongKong g06 Åregive1850,
Sans directed by the
Sans to ads that the
Governor is taking steps sprevent
further delay so arriving
I have, so
(Signed) Frederick Stewart
Aeting Cotorial Secnerary
M2 Crighties to Actrine Colonial Secretary
10th August 1880.
Acknowledging receipt
of Acting Colonial Secretary's
No 9 3 6 of Al x Gtrict
or baennarled.
o the receipt.
Invernor to ae
of your letter of the both instant;
regarding your
for dama
ola ins fœcon
oferesations
the 24No Atay, 1878, aut vid reply,
dan to unford you, that ou
Excellency finds the last reports
v w x Aleit
ubject are still under
the considerations of the Surveyor
myty mon
by it is Excellene, the
11th August
To Members of Ene
Commeil to note.
31 - عالم کو کرائی گئی رے
Bring forward at sext
(signed) I. Pope Stennessy.,
Minite by the Acty. Colonial Secretary
11th Avegrest 1880.
1. To Steuble Meambers of Executive
Corneil.
2. To Acty Clerk of Coneils.
(siqued) Frederick Stewart.
Acting Colonial Secretary to serve or deneral
Colonial secretary's Offer
Immediate.
Hongkong 16th August 1880.
I have the honour by
desire of It is Execilency the dovernor,
ors that ཛ ན ༤།
955 of the g
letter to
the virstant respecting.
M. Coughtric's claims remain
tinanewered; and I an A
to foreward the papers withs
your report thereon as soon унилерыв possible, because the question) is
@rneidered at
meching of the Excentive Commi
I have, be
(Signed) Frederick blewart
tehing Colonial Secretary,
The Honourables
J. At. Priec.
Surveyor General.
Extract from unites of the
Excentive Conneil.
19th August, 1880- Present
"His Excellency the Elvernor,- Sir John Tope Hennessy, "the stert. The Officer Commanding the troops, -
Colonel Stall. R.A.
"The Stouble. The Colonial Secretary, 27 J. Stewari "The Houble. The Attorney General. EL. O'Malley "The Souble. J. M. Priec.
His Execiiency the
Governor said that one of the objects
" he had siv calling the Corneil
together
was to decide on atɩḥ
Coughtries Clanwi
The terring
Colerrial
Secretary (Dr. Stewart) said the
I papers were still with the
& Surveyer Generals (Mr Price).
"In reply to the)
Governor the Actring Colonial Secretary (Dr Stewart) said he
had, iv accordance with
"His Excellenc's victine vorrs, con in
4 to the Surveve Coverali
subject is done last and had
4.4. eccved. 100 a i wever; bu ree en
4 receiving
C Further letter from
4.1 Coughtric pressing for a
4 reply, the Surve yor
the Surveyor Several had
I again bew written to but there
"The Governor remarke
khat the gain had been
" presented live years a go
a careiderable period Það I elapsed suice the Surveyor
General 4(M? Price) had been called to Imake his final report!"
It was resolved that a
"letter be written to Mr Price
"stating that
the Governor ins
" Commeil uiehed to conveider thiv
papers and his final report-
" without any further day.
Aesing Colomal Secretary to Surveyor General
Colorria's Secretary's Office HongKong 19th A
Fugust1880.
I am directed: by His Excellency the Governor in
Council to
request that will be good enough to forward with the least possible delay the paper is elts Coughtrie's Caw, as they are required?
deccting of the
Excentiv Corneil.
éhave, FU.
signed) Frederick Stewart
tez. Povnial See retury.
The Honourable
I. At. Price
durveyor Isneral.
Extract from duinutes of the Executive Commis.
211th August 1850
" His Excellency the Governo - Sirither Tope Hennesy, KCMG. "The Stumble. The Offers Commanding the troops. Col. Stall. R.U.
"The How the Acty. Colovcial oceretary.. D. &t. Elenart
7 The Stow. The Attorney General. EL. Cilvalley
The Move dueth Price
The insemner enquired!
" if the papers is the fouchbrio Case
Ebiet had been sent to the fune
"General on the 26th at
for which the Acting Colonial Secretary, I had been requested at the last- Making of Connect to write agains
to Mr Price, had come vis!"
"The Achir
Cole al Secretary,
"(D. Stewart) said they had not yet
Monchen hins.
"Ur Price said they
"be in the hands of the Acting Colonial
" See retary that evening with his " (Mr Price's) report. "
"The Governor said.
"" that when the Acting Colonial
" Secretary received them withs Mx I Prices
report they should be once eveulated an
tombers and considered at-
meeking. "
Surveyor Generate 22th August, 1880114 (Mr Prices)glesport (Receiver 30th Aust. 1880)
Ho MW Bughtrie's later say seen to be divite rather to pusones abuse of the Surveyor fecura than to the production of frech evidence, I. need not comment - uper stiem, but will informes simply once more
call attention to the extreme
narrowes
emplicity of the question as verenvee down by the Caughtrie in his letter to the fovernor of the 3rd of October 1878. Page 131, wherein be sunsuplus
as follow:
whole case as
The Surveyor Several does sist
in the statement that has been " enbruitter to me met the car.
made by me which is simply this, that the Sepertinent over which be "now presides did course years age,
"house was
" but long after the drain under my
completed, turn the waters of a large draw unto it, and "thereby threw upon it duties wlach
was never intended to and could
not adequately fulfil . This Isay was the proximate and real cause of the accident auduponthies point the statement of the Surveyor Several "terows us light"
to the above I replied in my unicule of godt leptember 1879, that
9th drain under MW. bougletries -
capable of discharging 2277 cubic feet of water four minute, clareas the entire volume
tie drain house
stour waters including close. of the larger drain which he
Complains
complains had been turned into it. __
-came after all to an of 705 cubic feet par minuete, during the greatest intensity of the storen,
or less than one third.
My statement and calculan. were then referred to Colonel Stuart C.RS who was no. longer a number of the Excentive Connect for an opinion, and on the
foran of January, 1880, Colonel Stuart post in his report. The Reference to - bolond Stuart for an opinion
Pasi was in
same as a
every respect reference to Mr__ boughbrie hunself. The closes friendstup excited between these too gentlemen, and Colonel Stuarts
de + agrupathy and interest beong bien enlected on behalf of his plund, to very naturally gave lain the bercept of his professional advice and assistance in formidating and elaborating his case pour the very beginning. We visited the seeme of the accident immediately after it occurred and subsequently watches ttte subsequent examination behalf of Mr boughtree. I was therefore somewhat surprised at the
of Colonel Stuart's ~ remarks in lies Report of the 6th January 1880 standing asthey do 1 : such contrast with the language habitually neerby MW Coughbrie.
4. I have now to deal with
He secur
moderation
Coloured Stuart's Report of the bed of January &. I semstone if "Scan
desporove.
liis statements litis case is
at an end. I can disprove then absoluter. and completity.
5. In para posth 1 Colonel Stuart says that Riv. Englibres comptams of having head an opportemen, of despairing the allegations mode by the Jews, funeral's Separtment, but seeing the number of letters that have been
written by Mer boughtice on the ach ist and his subsequent report dates 204 April 1880 for the information of the Excentive bonneil, consisting of eight dordy written sheets of foolscap, he can hardly now danin not having has an opportunity of
desperor us
disproving the allegations made by this Separtinent.
6. In para paph E. Colonel Aluent
in thror as to the
fundamental porst, is the duration. of the stown, and that consequently my calculations are mulliked and in support be quotes the local ~ -rwxpapers ( rattier an untrustworthy. source on which to face data; The "China Mail of 2205 May, 1878 in on account of thee stown says,
storm increased in violence after 1. A. mn. about 4.a. mn. it appeared as if
nothing but one mass
of ebctricity, about 43 part 2, de
lightoung the rain poured down in a
more vivid and
perfect delage.
delage. The pests of thunder than assed for a shoot lee; and there
brief deceptive lull. About 1/2 fest & à 2. the dome resumed its "Jury with redoubled intensity" not-sey
but it does not say when ~ shopped.
7. On comparing these extracto with these given by Colonce silzen they will be found to
vary considerably
"Colonel Stuarts ~
quotario ( show the storm as lacting from 1am till 3.15 a in
from the "China Mail in i
the plow as commceveing.
those from
I quote grove
after 1. A.Me and redoubling intensity at 3.30 a an. This deffence in the vecospaper reports hardly
allows of their being taken as reliable data for mathematical formula and the ofpeial statistics Batten by sex are surely
likely to be carect than duy to be obtamed poutle local newspapers.
8. Colond Stusit in the same
paragraph says even during that period the rain did not descend with uniform intensity, no one would exppose that it did. It words however become unforu, or marly so, by the time it has run off the hills, roads, houses
and been collecter by the tributary
drains and channels uito itu one in question
9. Colonel Stuect then porists
out that the whole area of the Belmont drain was not available as 8 tow is prepared to prove that it was to a great retent great-extent
choked 100 ir saus. Here we have
the one have bu bougletree prepare
to prove theat the drain was chester with sand and on the other her. Fprodler and 8hr Walts cheat it was
not. Is drawn built on such
strup incline could possibly have retained any deport of sand in it, even allowing that sand has been cash into it. & pet the washing of cans into the drain was guarded against by two large sand pits in the positions shown on the~ general prave.
10. With
reference to their theory
that a drain built ou so.
meline could retain sand along its
allows on
bed the following table show. the authority of
the Rust, the greatest velocities of the current - close to the bed of a water channel consistent with the stability of
various materials:
Jure sand
Coarse sand and
gravel as large as peas.
50 feet per second
fravel as large
French beaus }
fravel 1 inch in dia.
Fur Beardmor gives the limits of velocity at the bottom of a channel
for second moves coarse sans
do price gravel size.
do I nich rounder.
Calculated by the stove formuels, the
Belmont drain along its last stiv = portion would have had the water flowing through it at ther rate
te of 18- or sufficient to carry
feet four.
"bricks and stores with it. Sand
wney porn the above tables could not possibly have been, cause of 1. choking of.
drain as alleges.
11. In paragraphot
4 Cornel Stuart makes a
point of the fact of a
drain having been constructed
unindiately
summediately after the event. This drain which is shown in
red on the general plan made partly to allay any feelings of anxiety DW bouglitice might have lest the thing shouto recur again and to carry off the heavy. fall during the excavatious
and examination
old drain and house
foundation, but principally " because this Department of recent
years acting broad porniciple has endeavoured whenever the opportunity
arose to
substituti
a to substitute all drains under
houses by drains unse the public
In paragraph 5. Colonel Start pronounces the drain poor and of faulty "construction" and not at all adapter
sudden and unvorste
" pressure and that it sums probable
that it has been damages
mare a com
"less before the date of the accient to "Belmont." The drain is simila to
number in the the same time. Iz would last
built about
of granite and
many years if uninsured by external causes. A glance
annexe's tracing representing the state of the drain when it was exposer to the light clearly shows that folonel Sthwark is right in his confecture and that the cover stones were infures by the careless
manner im
bouliers
which Mr foughtries prèsecessor who build the house, had thrown upon top of the drain the heavy son
which the embankment is partly composes. Another cause
of ~ injury would be the great weight the drain was called upon to sustain by the action of Mr foughtries prèsccesso
ecessor in the embankment and
house which he built
the top of
the drain without duly strengthening
the latter.
As to folonel Sharks simion that the damage to the drain would reasily be accounted for by a gorging it with more water that it could discharge aus statement that the
to his new drain
was able to take, I should point out that the larger drain collects the water from shewn tinted punk
172 acres
the general
collects the water
is the old Belmont trains
1.61 acres tinted blue making
of 3.33 acres
completing
area. Ou
of drainage this minuter survey I
find therefore that I was toe Liberal in my previous calculations when I to be 4.47 acres. The 13 inches of ram fall
took the
drainage of 13 inches
3.33 acres is only 524 cubic feet.
drain 20" x 18" at its narrowest in
اس نئے سند
1.4 in 20
point with at its most level portion capable by formula of delivering
leading into the Belmont drain
greater quantity of
and sand to the latter, than it
more than
three times the amount of
will not
carry off the
of laws, howeve
3.33 acres
feel, water from hard it may pour it is
perfectly
clear it must have been stopper somewhere and the evidence, together with the extracts I have quotes prove that it was not stopped by sand; there must therefore have been some other
of stoppage, and it is impossible
other than the one
to conceive
states by Wt Bowsher and Mitratto,
the two cover stones foun's by. them so places in the drain as to make it absolutely impossible they by that position by Certainly any means but human hands.
could have come
the storm could never have placed them there in that position. The result of this obstruction was to divert
nearly the whole
the water.
the surface of the ground and to lead
it into the "basement
the house
floor of which is at a lower level than the surrounding ground, whence it descencer or percolates downwards
through interstices of the bouliers of which the embankment, is mail into the drain below. This
percolation
was well defined by the circular Eddies. whirlport marks left Loft sand which overlay the basement floo after the waters subsides, and it was quite clear that the perculation had
meltes and washer downward the earth in the boulier interstices and
so causes the cracks in the house.
regares the case are the following:
the main
for the Government
(1.) that it can be mathematically
prover the smaller Belmont
carry off
over three
times the amount of wate. that
was les into it du
all tributary drains.
(ii) that the Belmont drain was
not gorger
or choked with sand
under the house.
prover by
the inspection after the storm
when it was
opener out in three places, above, at, and below the
(iii) that the subsequent excavations
revealed the
that though
the Belmont drain has been inferred by the action foughties prèscussor it has not
collapsed and that it was free and unobstructed throughout.
(II) that providentially for the an Government W Bowdler was eyewitness during the
of the storm
what was
height of the actually occurring foughtrics premises, and that he
found the water in the drain had "been stemmer at a spot above the obstruction artificially house, by
سجا کر مات
places which shot out the water from its natural channel. (7) that insepersently of Ms Brodéer
WE tratt's discovered the same
obstruction in the drain and is
able to corroborate Miz Bows her's
evidence.
(II.) that it is an absolute
impossibility that obstruction
could have come where it was
found except by human hands
on considering this claim, it shouts I think, be borne in mind that the Government dis not enter foughtrie's premises and build
drain unser his house. The drain
is of very old date and was in existence before the house was built. I foughtries prèsecusor built
in the Tram without
the house of those constructional precautions
which a wise man
a wise man would take in
building
not even
a drains. The house had
proper fomisations. Or is
rivôled with old cracks in many places due to subsirences of the ground at various times. These subsidences have been due to the
fact that the ravine along the bottom of which ran the drain in question was
simply filler in with soune boutiers.
the from adjoining hill sine intermixed with res earth and this bank
and stover being finisher off level, the house was built on
in the ravine to
In filling
filling in the
form his house site it
that Wt foughtries prèseccier had
thrown large round boulders
سا کیا مسلم
Government
Government drain smashing in two
three of these. The
cover stones must
in and been swept down
as no trace could found of them in the drain. Fortunately the boulders
so very large
as to be
size fully able to span the drain and therefore to take the
place of stones they has displaces. To this is due the circumstance that during the storm the drain dis not