Ar a Meeting of the Council held on 14th August 1873, the following report was stead from the Public Works Committee, on the working of Bye-Law VIII. attached fo the Land Iegulations, and is published for general information, under instractions of the Council.
Epwanp B. Sovrer, Assistant Secretary.
Shanghai, 8th August, 1873.
A recommendation to the Works Committee has emanated from the Watch Committee, that Bye-Law VII, attached to the Land Regulations should be acted upon with a view to maintaining a sound sanitary condition in the Settlement, and to preventing as far as possible the overcrowding of Chinese Houses, so frequently alluded to by the Health Officer in his various reports as detrimental to the health of the inhabitants.
The Works Committee understand that the Watch Committee desire to seo the conditions of the Bye-Law enforced generally, but more expecially with regard to the construction of Chinese hoi The Bye-Law in question states,—"That it shall not be lawful to erect any house within such limits, or to rebuild any house in the Settlement, until a drain or drains be constructed of such size and materials, and at such level, and with such fall as upon ti report of the Surveyor, made to the Counc shall appear to be necessary and sufficient for the proper and effective drainage of the same and its appurtenances: such report to be made within fourteen days after notice is to the said surveyor of the proposed. erection re-building, &., &o."
Your Works Committee are equally anxious to take any steps and ce-operate with the Watch Committee in improving the Chinese quarter of the Settlement, but regret that they regard the provision of the Bye-Law as impracticablo—without entailing on, the Munieiality a very heavy outlay.
As will be seen by reference to the Bye-Law, the "report of the surveyors to be made fourteen days after notice is given to the said Surveyor of the proposed erection," but the Bye-Law does not state who is to give the notice of such erection nor indeed any penalty for not giving such notice. This in itself renders the Bye-Law in operative, but the Works Committee will presume for the sake of illustration that it falls within the duty of the Police—which, however, is never done—to report to the Engineer (or Surveyor) that new houses are being built from time to time. The Bye-Law requires that the Engineer should report to the Council what appears to him necessary and sufficient for the. proper and effectual drainage of the same and its appurtenances"—this would necessitate a survey, and Yequire more attention from the Council' staff than kos can reasonably be expected to give he would not have done so, and that defen-—it would, in short, require an addition of one or two competent surveyors to attend dant's boat was going into a great, deal more danger than if it had gone straight ahead or specially to the work. On the other hand it kept off. His Worship could not see, comin may be said that these services would be up the river with a flood tide and fair wind, chargeable to the persons building. The Works what necessity defendant was under to go Committee fail to see what authority the where he did. Plaintiff's boat was anchored Council have to make an arbitrary charge of where such boats usually lay, and defendant the nature—it is the Councifs dity, in terms should have avoided the place. The only reason of the Bye-Law, to see that properties are that could have tempted him to go there was properly drained, and it is moreover their the saving of a little time, because probably Inftduty to afford every facility to property ing up here to round Pootung Point, he would owners to drain their houses, &c. lieable to get straight off to his destination—Again, the Works Committee cannot lose his ship. But if aman endeavoured to save sight of the fact that the Council are bound time in this way, he must take the conse-construct Municipal drains in districts quences of any act which his desire to do so from which a great portion of taxes are de-Jed him to commit. His Worship could not rived for the purpose. It appears unreasonable Yelieve that the small boat was moored by seven to expect that owners of property will allow fathoms of painter—that would serve no pur-their land to be vacant and to be unprofitable, pose, be exceedingly inconvenient, and take until the Municipality has afforded them the time to haul in; and it was more probable means of drainage. 'The property holders are that, as plaintiff'stated, she was held by two left two courses to pursue—ropes—a three fathom' painter, and an equal 'A. Either to go toa deal of expense length of the mainsheet. in connecting with Municipal sewers not within one hundred feet of the property B. Or to drain into a compod there was a steamer on his starboard bow and fendant he could not keep aray 5 a boat right ahead.
The first course the Committee think the His Worship understood that the steamer Council will admit would be avoided in the was lying parallel with the plaintiff's boat, majority of instances. and that the ship was a considerable way up, And the second, if adopted as a system, the 'A few remarks then passed upon the con-Works Committee are of opinion would prove dition and value of the boat. as great, if not a greater nuisance than the Defendant contended that she was leaky, one that the Watch Committee are now and must have been waterlogged—her gun: Gesirous of dealing with, and moreover is wale level with the water—to be so lightly run rendered impracticable, as the Bye-Law over; that she was a cast-off bent from aman-stipulates the cesspool must not be within of-war, and that a new boat of the class could.—feet of any other house. be built and fitted for $4 a foot,=$60, her The Bye-Law undoubtedly gives the Council length being stated at 15 feet, great power to deal with the question, but iaintiff produced a receipt showing that he the Works Committee wust admit they fail had paid Tls. 50 for the boat in April, said she to seo how that power can be judiciously and wasa particularly well built English boat, fairly exercised, without the Council coming had been in work over two months without forward equally energetically to assist property needing repairs, and had been used by him on a owners, Feeling that there is no reluctance piloting cruise 3 days before the accident. He on the part of private individuals to ce-operate also gave particulars as to his management of with the Council, such assistance, the Works his boats and their durability, and claimed Committee will conclude by remarking, will that this boat at the time she' was lost was cost the Ratepayers more than they are in a fully worth the money he paid for her. position to lay out for some time to come.
The Works Committee take this oppor-plaintiff and his witnesses that the boat \Vorship. accepted the statement of tunity of informing the Council that it is their was not waterlogged at the time of the i on the approach of cooler weather, accident. Defendant being the wrongdoer, ne the state of the drains in the back the onus was on him to satisfy the Court that part of the Settlements, with a view to the value put on the boat was not fair and ameliorating their condition, but at the pre-reasonable. Plaintiff could prove no more sent season it would be most|unsafe to open than he had proved he said that he had paid ai Ts. 50 for it 3 months previous to its loss, ing "Heport and relative" plan "from" the Begging your attention to the accompany-that it had not depreciated to any appreciable extent, and that he considered {¢ well worth Engineer, its cost at the moment of the accident, His We are, Gentlemen, Worship was not prepared to say that it must Yours faithfully, in 2 or 3 months have diminished in value, Joux G. Pope: Public Works Defendant said the boat was old and patched Joux Wirsox Committee. up, the wood ends re-nailed in the stem, Government did not sell their boats until they. were worn out.
Saw Beports is Worship did' not see any ground for reluciag the amount to anything Jess than plaintiff bad paid for the boat, Defendant was the wrongdoer, and the presumption was
Text read from the printed page and cleaned; old type leaves the occasional error.