No. 4684-JULY 9, 1878.]
ALLEGED EMBEZZLEMENT,
Chan Atak, billiard marker at the Stag Hotel, was charged with embezzling the sum of $20.60, the money of his master Mr Jesse Cook. The defendant was given two bills to collect, one of $6.50 from Mr Loxley and one of $14 from Mr. Hammond. The defendant collected the money and did not 400ount for it to his mastor. He first said the accounts were not paid and subsequently that they were and that he had paid the amount over to his master. Entries were found in Mr Cook's private memorandum book not in his hand-writing.
The case was romanded until to-morrow. ་་་
Marine Court. (Before J. P. McEuen, Eng.) Acting Marine Magistrate. July 9, 1878. Mr Obarles B. Frank, chief officer of the British ship Hindostan, was summoned at the instance of William E. Taylor, seamen on board the same vessel, for an assault It appears that the treable arose on ao- sount of the complainant endeavouring to issist one of the crew on board the ship, who was drunk, and had been refused leave to come on board in that state by the defendant. Defendant admitted the as- esult, but pleaded great provocation. Fined $55.
9. 1-Did the charterers intend that the ship should go to the spot named Lasht Kouen wishing to go to E-on and did they intend to go to Fon?
A. We reply to this, by the charter party to Lacht Konen,
Q.-Did the Captain know that Lacht Konen was not B-on ?
THE GRINA MAIL.
3
Captain King, oharged with eouttling the Alexandra, was discharged on bail, the jury being unable to agree, but he has since been The loss of the Loch Ard has been the re-arrested for attempting to abscond.⠀⠀⠀
The courageous conduct of midshipman absorbing topic of interest in town to-day. Pearson in saving the life of Miss Carmichael is the theme of admiration and sympathy.
could see the ship's masts while they place not mentioned on the chart," but therets as she could safely get, was the equally inequitable to make the charterers result of the plebisoitum shall be final, the
or abandoned, the place of discharge hav- Council. were at the Mandarin's place, and that which the Captain says the per cargo charterer entitled to have all the remaining pay for a voyage either never comploted, measure becoming law over the vote of the aubsequent to his release he got lighters fixed as Goat faland and the Captain then lay days at his dispical. By some means and went out from below E an to search for measured it as 70 miles. I think what the other questions were raised and a new trial ing been reached. There was no express the ship. E-on he said was three days' superorgo meant was just as if he said was granted before a special jury. The new stipulation as to time and if the implied journey by land from the place where they Hongkong meaning Victoria. He bad got trial came en for hearing before me on Juno one was to wait a reasonable time, and resobed the ahore, but only two hours by Information apparently at Licht-konsa, 13th, Mr Hayllar, who appeared for the one of the parties was by unavoidable water. The Captain took in a fresh cargo where E-on was and described it to the defendant, has filed several special grounds circumstances unable to comply with that, I left that he would not be liable. The detention at Hol Fung for Hongkong, spending ton Captain who could not possibly know any of defence and raised several points of lew then Ford and Cotesworth is an authority days in discharging and taking in fresh thing about a place not marked on s which I reserved for argument. cargo. After arrival at Hongkong the Cap chart, and where be had never been. I several questions to the jury all of which of the supercargo was an asfortunate un- Had the captain
YEAVY GALE AT NEWⱭASTLE. tain cisimed the $700 agreed to be paid as think it must be taken as clear that the they answered in favour of the plaintiff, for forseen courrence which has post both
Newcastle, June 3.-A heavy gals from per memo. on charter party, and he recov Captain was entirely in the hands of the whom also they returned a verdict generally. parties much expense." ered judgment in the Summary. Ourt. supercargo as to where he was to go and To shorten this protracted litigation I waited one day more wo should never have The case was reheard before the Acting could only fix the distance and direction formally found against Mr Hayllar's client, heard of E-on, and all this litigation would south and south-west is blowing here. It Chief Justice sitting in Summary Juris tle from some place being marked which he on the point reserved, giving leave to appeal have been avoided. It is strange how dif- ocmmenced yesterday morning, increasing in The arguments on the appeal ferently people view the same facts, I violence through the night, when it blew tion and a Special Jury of three. Mr. Hayl says was Goat Island, and for which be at once. lar, for the defendants, filed several special shaped his course, must be taken as were beard before Mr Justice Russell think it only fair to Captain Asburn after with tremendous foros. Yesterday great defences. The Captain was not present at meaning either that Goat Island was an- and myself; Mr Hayllar, Q.C., appear the defense of dureas which was set up, and difficulty was experience in getting the ships the new, trial, but bis evidence had been other same for R-on or that the latter was ing for the appellant, and the learned the strong remarks made upon his conduct, George Scholefield and Duncan Copeland respondent. to say that I view it in a totally different and the bargae Conference into port. The taken by commission at Manila. Several the important port of Goat Island. Now Attorney-General for the witnemes were examined, and the learned provision was made in the charter party that After most carefully considering the whole light. His conduct seems to me to be en-Copeland got down into a bight, and for Judge left the seven questions to the Jury," should the vessel not be allowed or cas, I have come to the conclusion tirely free from reproach he acted to some time was in danger. Three tuga even- which, with answers, are as follow:- cannot get into" "the Harbour of Lacht that my former judgment was erroneous and the best of his judgment-and in a vory tually brought her in. No casualties in the Kouer to discharge her inward cargo, cannot be sustained. I will state as shortly honourable way proceeded to Haiphong and night are reported. The schooner Fanny, saile split, but standing off apparently for she is to proceed to Bulfusg and there as possible the reasons which lead me to alter carried out the purposes of the voyage from Sydney, is now off the port with main- discharge &o. d. As Mr Rayllar argues my opinion, which was by no means a con- as contemplated by the charter-party: Port Stephens. There is a heavy as out- E-on must under the fresh arrangement be fident one. This I can do most conveniently supposing he could not get to E-on, most read for Lacht Konon. Well they arrive in following the prints of law reserved. faithfully. The demand of $700 is some eide, and stand-off signals are flying at at the place where the supercargo said First, as to the authority of the captain and what hard but not unfair as the jury found. Nobby's. The lifeboat and crew are kept in E-on wou'd be found.
The superoargo supervargs to agree to make this inter I am very sorry to be unable to coincide with readiness. The ship North Riding was in says, this is not E-on. Whose fault is mediate voyage, for such it was. I have no the opinion of Mr Justice Russell who sup- company with the George Scholafield, on 4.-Not until he arrived at Lacht Konen that who was the means of taking them doubt that each had such authority on be ports the view I took on the first trial, but Saturday morning, but she has not arrived
Clearly the empereurge, and half of his respective employers; the captain I cannot see the case in the same light now yet. when the supercargo informed him that there i that was not the place he intended. if he pointed out a wrong place that was dominus navis, be had the entire mans and I am obliged to give effect to the opinion Q. 3.-Was the agreement made at Lacht was bis fault and not the Captain's, for gement of the ship and signs the charter-I have formed. The Code gives the Chief. I must therefore Rouen made voluntarily or was unfair ad-there was so implied undertaking on the party Charles Asburn, master. The super-Justice the casting vote when there is a Vantage taken of the position of the super part of the supercargo that he knew where cargo, the jury found in point of fact had differenes of opinion.
E-on would be found and that it war at suoh authority, and I find the same in paint decide that the judgment given in Summary cargo i
THE LOSS OF THE AKIP "LOCH AID," A-Yes, the agreement was made volun- Goat laland. But the finding of E-on was of law. The law clothes an agent employed Jurisdiction must be reversed and entered
Melbourne, June 3.-News from Camper tarily, and looking at the indefiniteness of a condition, obviously of their learn fer a special purpose with authority to do for the defendant. The direnmstances of
of the Loch Ard states that all on board are the voyage undertaken no unfair advantage ing whether they would be allowed anything necessary to carry it to the end. the cage are so exceptional that each party was taken of the supercargo.
to land the cargo or solar the bar- To land his cargo at E-on it was necessary must bear his own costs, except those of the down this morning in reference to the wreck supposed to have perished with the ex- Q.4.-Had the Captain and the super bour-whether in foot the diffleulties to get these from lacht Kouen which by a Commision.
caption of two who reached the shore. cargo authority to make such an agreement political, physical or soal existed which mistake had been taken for E-on, and it
Thesa are Miss Evelyn Carmichael athle
were contemplated by the provision was clearly within the scope of his powers
and Thomas Pearson, a midshipman. A made for the vessel going to Hoffang. to agree to give the extra remanention
To the Editor of the UHINA MAIL." shepherd named Ford discovered Pearson the Burning Star had got within the which the captain, it somewhat hardly ombit of the port of E-on or as near there not unfairly demanded as the jury found, to as she could safely get it is town and I quite agree with their Anding. The
S78,-The great complaint in Hong. on some eliffe, and they both went to where Miss Carmichael lay exhausted, beyond all doubt that the Captala was ideas that there was duress or unfair kong hu been the want of amusements, numb, and comatose, amongst some bushes.
never suggested and when we are favored with any, we bound to wait all the running days for the advantage taken was discharge and re-loading and the vessel on the first trial. Next es to the considera should make the most of the opportunities Her escape, as well as that of Pearson, has son showed wonderful pluck. He was first might have been kept on demarrage bat tian for the agreement, the jury found that and be grateful. As our tastes differ and been marvellous, and during the event Pear- when they stopped all that was known was the parties intended to go to Lacht Bauen our feeluga likewise have a different tem: washed ashora on a spar. When he reached. that they had not found on and did not wishing all the time to go to E-on. They peratura, the sensible and well-inclined the land he heard a lady screaming. Not- Had the lay days had an abstract idea of a place named E-on will avdd consuring the proceedings of any withstanding the roughness of the water, he know where it was, begun to run! I think not, for they learned and took in passengers and letters for that performance or entertainment because such dashed lu and saved her. It was Miss that they were not at their real destination place, but they did not know where it was do not harmonize with his ideas; and Carmichael, who has lost all her relatives by and the lay days were for discharging mean as to latitude and longitude. They adopt the wise course of keeping himself the vessel being wrecked. Pearson says and leading--not seeking and fading. Now got a chert and could not find E-on (it is not away from them and permit others to enjoy that on bearing the shore, about a mile east of the Sherbrook, the captain thrust out his here was another failure. Who should bear on any known chart), but they saw two themselves,
Dave Carson's Comiconic has been pro anchors. They appeared of very little use the loss? There were two contingencies places on the ohart, Lacht Houen and provided for in the Charter-party in the Lacht Kouen, and Mr. Wieler quite uninductive of salutary results to myself and however, for the ship dragged and went happening of which the vessel should go to tentionally led them to think that Laakt a great many of my friends, and Old down in two minutes. There were no in- the port of Lacht Konen (Cochin China)
emphong. If possible still more essential Roon was the Andmete name for Eon. The plan's getting out of sorts and venting dications of outlying rocks in the vicinity as there le remarkably bold, and provided she can always lie in safety and agent, that neither Captain nor supercargo two mentioned had arisen and ono which Lacht Kouen to Goat Island or E-on and Dave's local hits, ...., can only afford the high eliffs form a most dangerous locali
SUPREME COURT.
IN ORIGINAL JURISDICTION. (Before the Full Court) July 9, 1878.
Ashburn v. Hang Tik. The following Judgments were delivered
in this case-
Mr. Bussell, the Acting Pabe Judge, sald-The respondent in this appeal ie the Captain of the British borque Enning Star. The appellants are Chinese Merchants in Hongkong trading under the style of Hang Tik. On the 10th July last year the ap pallanta chartered the Evening Bar and the material parts of the charter are as fol- lows"It is this day mutually agreed between Hang Yik Chinese Merchant on the one part and Charles Ashburn master of the good British barque called the Even- ing Star 371 tops or about 10,000 picule Register or thereabouts now lying in the port of Hongkong for himself and owners on the other part. That the said vessel being tight staunch and strongs good risk in the local Insurance offices and in every way fitted for the intended voyage shall load here from said obarterer or bis agents suab quantity of lawful merchandise at be may wish to ship and therewith proceed to
A-Yes, from his locus standi, that is, from what this Jury in their experience know of the general powers of a super
Datge.
0.6-Did the Captain make reasonable efforts to find E-on ?
A-Yes, he did under the circumstances of having only one boat and a reduced crew left.
Q.8-Did he use rrasonable discretion in leaving for Haiphong after waiting only seven days.
Yes, baving used already seven lay days in Hongkong for loading and 7 days at Goat Island and in conformity with the Charter party (in clause 1).
Q7.-Do you And a verdict for the platatiff or defendant. Answer for plaintiff. The learned Counsel for the defendants had urged to consideration that unfair
The
antecedent to the pobity of their arising at all--viz, the fact of not knowing where E-on was, the Captain's duty to the charterers obliged him under the dream atanges to do what a reasonable man would, and after waiting for a reasonable time to There try and recover the Super cargo and the others he went to Haiphong. was no duty on the Captain to wait as
there was a consideration for the agreement. Whether or not there was an entire failure of consideration is another question. The came puzzle is again proposed for solution, The supercargo on arrival at Laoht Konen says to the captain This is not the place I according to the captain's version the super- Want to go to. A chart is consulted, and cargo pointed Gost Island about 70 miles to
VORRESPONDENCE.
Yours falihfully, amusement to the publ'o
SUSAN.
6 p.m.-The gale continues with equalls. There is a heavy sea. The schooner Fanny No other vessel appeared off the port to-day, suceeded in getting ont to sea all right. and no streamer has arrived from Sydney. The wind is now south-west.
ty. Had not Fearson by his heroic conduct climbed the cliffs, no one would have been left to tell the tale of the disaster. At the time the vessel struck the captain and some of the sailors were in the longboat dis- To the Editor of the "CHINA MAIL.”
entangling the lifeboat, and they went down July 9, 1878.
and were not seen more. SIBI have no wish to emulate the June 4.From Miss Carmichael's state. "Old Thespian" who occupies about two and ment it appeared that she was nearly the
aflost, when after discharging her inward had power to make such a bargain, that the cargo abe is again to lead from said char Captain ourht to have waited all the terer or his agents such quantity of lawful running days at Goat Island, and that the merchandise as he may wish to ship, de, daiendants could not be sued because the da and proceed to Hongkong," Then cargo was not landed in consequence comes this important clause "Should the of the fatervention of vis major. vessel not be allowed or cannot get into the finding of the jury disposed of some of these Barbor of Lacht Koush to discharge pulate, and the learned judge formally her inward cargo she is to proceed to decided against the defendants on the Hallong and there discharge and again | others, no as to give power to appeal at once, in the cases oited till the running days the south, and said it was E-on, Goat a half solutans of your space, but as he ap- last on board, being in conversation with the At the hearing of the appeal Mr Hayllar were up, for under the circumstances they | Island is the furthest place south marked on Deals to those who attended the performance captain just before the ship went down. The
last Wednesday to say if his first letter Captain said, if she should survive, to tell contained a single unfair or offensive ex- his wife that he died like a seaman at his I can recollect nine were two others clinging to the same spar, Pression, I as one of those then present, post. She was bound in a cork Hilfe-belt.
but she saw them washed of. The bodies reply that it contained a large number both Before Pearaan came to her rescue there person, including two ladies, who all ex- offensive and unfair.
have ben washed ashore; they were encased pressed this opinion in my hearing and not one expressed the contrary,
"Thespian" saye that you indulged in ia cork and fully dressed. feeble generalities, but it is a long time
words strung together as in "Thespian's reply. Well might he say of himself "all words are vain, but words from me are
vaine still.”
I consider your space can be filled with more interesting matter than a review of "Thepian's" oritique. These who were will take the general opinion in spite of what "Thospian or I may say. Some of present can judge for themselves and others
a truth is ever the blackest of lies." his marks were undoubtedly true, but I would remind him that "a lie which is half
of
Mrs. Carmichael and her eldest daughter
Quotations.
Horazone, July 9, 1878,
PUM.-New Patna, cash....$607) ¤ 610
credit, ---
Old Patna, cash,... None
21
"
17
credit,-
35
New Benares, cash, 5771 a 580
credit,
17
Old Benares, cash, None
credit,
Now Malwa, cash, 802TM
Allowance
credit, 807
Tasks, 12 a 24
Old Malwa, cash, D
oredit # Allowance Tools,
19
I will not coouse "Thespian" of malico, indesi I do not think that it existed in his very probable that it governed the person mind when he wrote the letter, but it is who instigated him to write: I will say how- ever that a tons of low vulgarity pervades CAMPHOR, his second letter, as witness such phrases as QUICKSILVER, **whitewashing the nagw minstrel'"" ribald SALIPETRE,
buffoonery," etc.
Our critio says the Mr Carson "wandere
***
18:40 a 18.60-
**
*024
818
Exchange.
second remarks about Mrs Carson's accom- round about it, and is such eases as his Bank, on demand, paniment tries to eat it up.
102
... 3/01
8/10+
·4002265
220
+44 ***
Ron 1092
30 days... Th
load cargo of lawful merchandise Bud
were not begun to run at all, and here is the chart. The supercargo denies this, and proceed to Hongkong," For this ser- Q. O segued for the appellants (1) that. vice the charterers were to pay $8.300. from the new arrangement E-on must be little analogy between walling outside at a says Captain Asbarne said "It was E-on," "For loading and discharging aid cargo 40 substituted for Lacht Kouen in the original well-known port and on an unknown coat, and that he said "It is, is it "" Then the running days (Sundays excepted) all round charter party, and that such being the osse But taking the view of the matter which agreement was drawn up to go to E-on, are to be allowed the said charterers if the there was an evidence that the easel was I do, viz., that there was an undertaking on dated August 14th. It recites that the su- ship be not sooner despatched to commence "not allowed" nor could get into the the part of the agent that E-on should percargo as agent for the charterera says that on the 10th July 1877.**Stould the asid port of E-on the only conditions of going be found at Boat Island on their getting this is not the place the charterers wish to go to that placo, (for the Captain's position to, says he wants to go to a place not men- vessel be detained by the charterers or the to Haiphong. (2) The question of the
wasif Eon is there 1 ga, f not, I don't,) tioned on the chart called E-on about 70 can the fact that the Captain gate the miles 8.8.5. of Lacht Kouen. J. Charles agents beyond the time before specified for Captain's duty is one of pure law and the loading and discharging demurrage shall be jury judging reasonableness is beside the paid to the eslá master or his order at the question as there were 33 days to unload supercargo a boat and allowed him to go Ashburn agrees to go to E-on if it can be since I have seen such a number of empty Fate of $40 per diem," It appears that and reload the ship and his duty was to on shore amount to a waiver of the breach found where the supercargo says it is. The when this charter party was entered into the wait until the expiry of these days caused by the not finding of E-on where the consideration for these services is then stated charterers really wished to send the vessel either in the port or as near it as he could Charterer's agents said it was. I think not, the to be $700, and all the other conditions as to E-on, but as no such place was found on safely get. The learned counsel cited intention of the par les mus, he looked to, per original charty party are reserved. I the charts they belleved Lachi Kouen was Reid Hoskins, 26 L J. Q. B 5; and the Captain says that the supercargo was here pause to observe that if the supercargo another name for Eon. Acordingly the, Straker Kidd, L. R. 3Q. B. D. 223; to be back in two hours. At all events it had positively fixed on Goat Island à E-on, ebarterer marked the chart at the place Schulizzi s. Derry, 24 L. J. Q. B. 199. in reasonable to hold that it was this inten- they would hardly have inserted "if it can called Lacht Kouen and thus fixed the spot (3). Neither party can sue the other for atlon of the parties that a return should be be found," nor do I conceive they would the chart." However the ship proceeds to where the ship was to go. The Evening default arising out of a matter over which made in the course of wwe hours and have reaited that "it is not mentioned in Star was duly faden here with oplum, cloth, they had no control :--Ford v. Cotesworth, that there was no intention to wait for earthen ware and general cargo and pro- L. R. 5 Q. B. D. 544; Appleby . Meyers, daya or su indefinitely long time. Sup Goat Island, and the supercargo says "it is ceeded to Lacbt Kouen, where she R. 2 U. P. 651. (4) Either the Cap pose however for the argument that not E-on." The captain allows him to land tain was paid to go to E-on originally, in there was a waiver on the Captain's part of in one of the ship's boats with the interpre- arrived on the 14th Angust. There was a
the implied warranty that Eon would be ter, sailors, and the 2 passengers. It seems Supercargo and su. Interpreter on board as which case there is no consideration, or
When they got there was a fresh voyage and neither the found where they went to, then the argument clear that they believed themselves to be well as a few passengers.
It seems to me how close to E-on. But taking the captain's ac- to Lacht Kouen the Superego said "This Captain nor superorgo had power to make of vis major arises.
of the doctrine of via major to say that it to go to Goat Island, but on arrival there is not the place the charterers wish the this arrangement:--Burgar v. Sharp, 2 ever that it would be a dangerous extension count to be the true one, if the agreement was vessel to go to." There was no town there Camp. 528; Sickens v. Irving, 29 L J.
Where it has be allowed the supercargo to land to find and no place to land the goods, and the CP. 20. The Attorney General appeared should prevail in this case. Captain was about to go to Haiphong as for the respondents and argued that E-on been hold to prevail it is always clear beyond E-on, that agreement was in my opinion provided for in the charter party (section was not found on going to where the super.all doubt that the parties to contracts re- waived. The captain clearly treats the loved thereby are equally affected, and agreement as one to go to Goat Island, as I 1) The Supercargo pointed out Goat ergo said it was, that the consideration was
could not have been instrumental in the find an entry in the log book-"August. Island as E-on to the captain, and the for that service, that there was no duty on lutter cileulated it to be about. 70 miles the Captain to find E-on, and that his most remote way of calling into existence 22nd, 1877, 11 a.m., Goat Island. Have wide of the truth;" "Thespian" only walks į
the superior controlling force. Here we now been waiting 7 days for the supercargo; from Lacht Kouen. Some bargaining then major did not bear on the facts in the asse took place between the taptain and the as it had nothing to do with the arrange have a number of Chinese landing on an ho has not returned nor sent the boat Supercargo, and the following endorsement ment to take the ship to the so-called E-on. unknown shore in a foreign boat after back, am now getting under weigh as per was put on the charter party, August must be borne in mind that at the outest two days and two nights at ses. They charter-party. I consider these 7 days 14th 1877. Arrived at Lacht Kones; Super ghen the contract was entered into here may have been committing a breach of to count as lay days" Now the sy days earge asting agent for chartarers says this there was so much doubt as to whether the the maritime customs law in landing would only begin to run again when the is not the place the charterers wished the cargo would ever be loaded at Lacht Konen where they did, and it is not at all surpris ship had got to E-on or as near there. Vessel to go, says he wants to go to a place that provision in made that in certain ing if they were enspeeted a pirates or to as she ouuld safely get and be in safety not mentioned in the obert called Bion erents the ship should go to Eloffung and more probably sa smugglers. Their own to quote the original oberter-party, If no about 70 miles to the 8.8.8. of Lacht that the whole thing partook of the nature venturous if not imprudent conduct may and taking the captain's own view all the cause of the vis major asing. How could disposal. He seems to me to be in this Kouen. I Charles Ashburn agres to go to of a venture. Finding that Lacht Kouen have got them into troable and been the remaining lay days were at the charterer's E-on if it can be found where the Supercargo as not the place and that this cargo could says it is, in consideration of the above not be landed there, and the Captain the Captain know what bad become of dilemma. Either he did not go to E-on services the Supercargo acting as agent for would have been clearly justified in turn them; and what greater patience could be (Goat Island as he says) in which ose there Charterers agrees to pay a further sum of ing back to Hoffung and would have shown than by remaining so long where is breach of contract and he never earsed $700 in Bank Bills. All erpenton at E-on thus earned his 38,300. The Jury have he did. However, in my opinion, this is his monet, or he went and abandoned his on ship and cargo to be paid by the har- found that the Capt. and the Charterer sizjer had nothing to do with this original royage not having discharged bla cargo terers, all other conditions as per original contracted to go to Lasht Konen. The breach, and it only provented the super there and taken in another at E-en in which Obarter party,
super cargo, however, who know that argo from taking advantage of the Osp case there is entire failure of Donalderation. determine As to the point of a cùs major excusing the
Bengkong Bank, 71 % prom," what was really wanted was that the vessel tain's long forbearates to
Caton Ins, Society of Cariton, $1,800- China Traders Ins. Co., $1,500 Australiat New.. should go to E-on, and it was only on getting its continuanes which he only did supercargo for any breach of contract it only
Yangbaze Ins. Assoc,, Tia, 978- (Do) KWA WAN SHAN (In Chinese) to Lacht kopen that the blunder was die after seven days waliing. 1 much applies in the qualified way, and lacher of
Melbourne, June 1.-The steamer Bisch-kinese Insurance Co., $290, of Int. Witness PIEBOE KENDRION.”
sovered. Now the first question to be regres that I cannot regsed this case the supercargo which could excuse the ap On the 15th August the semnel arrived at ADDwered in this case to, had the supercargo the learned Acting Chief Justios tain for nen-performance of Hii contrast Goat Island which the Captain states was and the Captala bath power to enter into now dose, as of course he le much more were attributable to causes over which he bird, Captain M'Cormick, with passengers North Chias Ina, Dog, P. 1,080 pointed out by the Supercargo as the the agreement for the further extension of likely to be right than I am, but thinking the supersarge had no control. But he did and scale, from Newcastle to Melbourne, K. Five Ins. Uge 1778 place where he wanted to ga sad where he the voyage to E-on 1 This case difers from that the Captain fulfiled his part of the not make a personal contract to find E-on it was wrecked on the Ninety-mile Beach China Firs Inn, Co 82071 Bald E-on was the Superorgo got one of Blokens a. Irving because there was in that bargain by golog to where the superoargo was a joint undertaking and except for an littls west of Cape Kearney Channel, about the ship's boats, three of the crew and case not only a fresh voyage and a fresh sald E-on was and doing everything that unavoidable delay of seven days he was 3 block, this morning. The wind was two passengers and others and went ashore (contract altogether, but a contrast to carry he was in duty bound to do and could always ready to perform his part: where 8.E, and the rea making a clean break salgha! Steam Navigation, Tla, 21 to look for pliat, stating that he would a different thing, and here there was only possibly do under the arrangement, fan of these se opustion to the absence of an over her. The captain with thirteen hande be back in two hours, The Captain kept carrying out of the original intention of opinion that the verdict of the Jury is express stipulation to me the case ze left early in the lifeboat The first officer, sailing about the place for two days and the charterers for which purpose the super-night. I may be unfortunate for the hires sole deligence.ch this Murgill, and the chief engineer stayed by
of 1877, 4108. yet there is no appear use of the Buper cargo was on board the ship. With remerchants, but they were engaged in the finding of the jury has credited the the ship, but were compelled to leave with cargo, the bost or the crew, or anything forence to the Captain's power he had made peoniative venture, and sending a reusel plaintiff in trying to and E-on although the remainder of the crew and passsagers
Temperaturo, heard of them. The Captain then anchor the contract at Honghong and had not to where no foreign ships had appar. now observe he disclaims all suck credit, about 7,80 a.m., and gut safely ashore. voyage, eatly been before, and evidently calculating He says in answer to a question to the cross They were brought to Port Albert in a lifes ed at Goat Inland for five daye and nothing merely the duties of Captain for i
Later. The captain and boat of the (Taken at Masarı Falsonar de Coli Premises was beard of those who had left in the In Barou 4. Sharpe the owners made the on the failure as appeart by the provision interrogatorier "I took no pats to find host by a volunteer drew.
Queen's Rand.) boste bad only three of a crew besides charter party and the Captain could not to go to Bsiphong, I think that they on Goat Island in fact was abough
ally found on and so performed his sengers and crew are now landed. the mate and 2nd mate left, and only one alter that. The jury found moreover that should bear the loss and not the shipowners. for him. The supercargo, howeter, Roti Bikbird arrived all safe, and all the pas
Achazone, July 9, 1878. bosh After waiting seven days altogether the super cargo bad the power, and there
The Acting Chief Justice delivered judge part of the agreement. After the finding Brisbane, June 1 telegram from Cook-
town reports officially the discovery of 4 BAGHETE ....p 86.02d without any communication from the Super. Was evidence from which they could infer
80.000 ergo he proceeded to Haiphong as pro- bis authority. I am therefore of opinica ment as follows: This case which I believe of the jury, and under the great dif-
18.9602 vided for in the Charter-party, and there that the arrangement to go to E-on was is entirely without precedent in the singula culties of the attuation, the peroargo, parable gold-field on the south-east breach discharged his carpo
While doing so the not live virer. But let us now see what rity of its sircumstadens was tried before without who help he could not land the of Coen River, 200 miles north-west of Supercargo and the crew arrived overland, that attangement was The Captain was me first of all in the Summary dde of the cargo, being absent (and this is a joint Corktown 160 men left Cooktown for the in Ford . Cotesworth L. B. 4. Q. B. and 5 Melbourne, June 8.The Cabinet has de They explained that they had been selsed to go to E-on if it can be found where the Supreme Court. The avidence supplied wes duty as is pointed out by Justies Blackburn new field to-day. as pirates, and were only ze eased after super cargo says it is,and for that ser meagre, and the case for the defendant. B.) na interpretat being left, only one cidad not to have a somines Upper Hotnie, seven days on giving security after they vice a further sum of $700 is agreed to be not presented to the court in the most com
bad weather it would not be suitable to rated by the Ligue-that when any left she hip they were yo days and two paid. If it can be found," when i in piste way. On application, leave to appeal at redused crew and threatening of bot to support the whems of reform ad- nights in reaching the shore. The Super getting there, or did they intend to search was at once granted as I had doubts as to hold the captain responsible for the notionssure is passed twice by the Assembly cargo plates that they were bailed by the for a week? where to be found the supes the soundness of the judgment 1 garformence of his contract. On careful and rejected by the Council, is shelt herde Ron sale, but he says he did not forgo says the Capisin pointed out Gout the plaintiff en ons ront which was thi;} go to Brom. He further Hates that he friend a ton Toland) la viat (807) ("A ku zhang der ruins Z-on or to pass terlew of the **** ( T * * *** mailted to the vote of the people, and the
1
(Signed; Czas. ASHBUIN,
(Do.) ·LAU YAU SUr.
I
80 days' sight, 6 months' sight, A "Thespian" says his letter was die- rediis, "
am firmly persuaded, after an experience Jaloutta, tated by an ardent desire to do Mr Camon Documentary, 6 months' sight, 8/10 substantial service I can assure him that I sombay, demand Rupees, twice as long as that of an old Thespian," shanghai, domand that it will have that affect by adding two
doxians, ... Hongkong, but not by improving his per-gash,... or three hundred dollars to his receipts in Bar ilver, 17, dwie, B.,
I may add that I have never had any
told Leaf,
I have never spoken to hit outside my dosection with Mr Carson beyond selling dnglish Sovereigns, him a few dollars' worth of goods, and that ustralian Sovereigna, ***
Tour obedient servant, plan of bariseos,
formances,
PLAYGOBE,
igans,..
P ork
YAN
010
- 26. 45:20 105.90
8 to 9%
Sharea,
1.K. & W. Dock Co., LL prett
0. M. S.-bost us, al ghong Gas Oo, 180 Hoogkong Hoie; 50, 180 Cities Bagar Refining Co., 59 % prem.
hinese Imperial Loan £107.10.
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