MONDAY, AUGUST 30, 1909.
THE MARINE INSURANCE ***
CASE.
và Successful Claim..
In the Supreme Court to-day the Chief
the law was not quite clearly established than.. But this case was doubbed in Huny e Royal Exchange Co, though, it appears to have boon set up again in Stronger. Natally. But in Hurray's casas dis tinction was drawn betwonn a' public and a private lighter. The publis lighters in ques- tion were described by Rocks sa baing
publicly registerequaltores to the
SPORTING.
Boxing
BOUTH AT THE Theater Royal. On Saturday orening a large asembly
Justice (Sir F. Figzott), gavo judgment in the action brought by the Tung San Wolighter which is equally known to cutests arranged by Mr R. Whitaker, of
underwriters and the owner of the goody.". frm, of Shanghai, against the F D It is to be observed that the reason for the Marind Insuraues and Godown Co., Ltd.. distinction between public and private lighter sonms to have been based, nos-on Hongkong, for the recovery of a sum of the ground that the goods had passed into Taels 7,000 said to be due under an insur-the dustody of the consignees, which was ance policy in respect of 360 packages of exprosely pointed out to be an unsound dis tinction, but whether the risk of the under ground nut oil shipped from Shanghai to writers was increased by swing lighters Canton, and which were lost in the typhoon which might perhaps not be well-fitted for of last year while lying in a cargo boat off dangerous or annually risky operations, as a godown wharfat Canton.
the Innding in that use seems to hava boen. In Strong & Natally an ordinary lighterman was employed; but the underwriters were held discharged not because the consignee
Mr M. W. Slade (instructed by Mr R A. Harditig) was for plaintiffs, while Sir Henry Borkaley, K.C., and Mr Duncan McNeill, of Shangan (instructed by Mr Holborow from the ofice of Messrs. Decca, Locker and Descon) were for defondants.
witnessed at the Theatre loyal the host the Prays East Hotel, and never in the history of similar exhibitions has much pronounced success been attained by any promotes, Bout after bout was entered upon and carried to a decisive cotalusina, result largely due to the ability displayed by the referee, Mr Jack Dempsey. There wore fire matches in all,
WAITE . PARKER,
Io
The entertainment. commenced with round gu between White of the 88th Co bad hired a lighter, but because he had RG.A., (weight 8t. 101b) and Parker of dispensed with the obligation of the... Helena (9.) At an early stage lighterman to take charge of them during the night, and took them into his own of the pill it was clearly seen that the enstudy. He had discharged the lighter Gunner was much the batter of the two His Lordship in giving judgment aid man, and placed himself in the same mon, and he piled up a good seora of The questions raised in this case take up pitation as if the goods had been actually points in the first three rounds. In the landed and delivered and holag o the points which were not fally gone intoons he might have kept them the furth the American recovered wonder. In my judgment in the Hip fin Insurance lighter for a week, for he, had as much fully, and the "round ended in bot in- Company . Hang On Insuranon Company control over them as if they had been fighting, honours boing with the sailor, Tho gratis were insured on board the s..in his custody for that period. In Paul In the Afth and both exercised great **Shao Haing" from Shanghai to the port Insurance Co. of North America, Mat of Canton. The policy contained of craft clause. The ships moored to the J., said that, Sparrow v. Carruthers care, seemingly reserving their strength,
was an extraordinary decision to arrive at and the round vnded fairly over. Mesers Butterfeld and Bwica's pier-whatt so agreeing with the Judgas in 'Harry' opposite their godowns at Hooam. The case. He seems to have thought the same goods, oil in baskets, were put into of Strong v. Natally, which I think may le lighters, some on the water side of supported on another ground. He added the ship, some across the wharf into that the risk of craft" clause must cover lighters. In each case the oil was weighed carriago in a birod lighter, "
“and why should by or on behalf of the sensignes and the it not also cover it in a lightor belonging
HUBBARD. ARUNDEL Lighters were hired by the consignee. The
te the assured, the parzon 'most coD="
The next match was between Rubbard, usual Custom House formalities were ful corned for the safety of the cargo" 87th Co. P.G.. (10st. b.), and Arundel, filled either on the ship or on the wharf There seems to be a definite principle 88th Co. R.G.A., (10st) The duration. with a day's delay on account of the deritable from these cases. A hired lighter of the item was. 10 rounds." The first Emperor's birthday, though the unloading is within the meaning of craft, in the two rounds were in favour of Arandel, of the cargo was continued during that risk of craft clause; the much-doubted the third saw honours assy, while Hab day. The cargo consisted of 650 lingkets can of Sparrow. Carruthers draws the bard in the next appeared to have the of oil and 200 of these were anld to a distinction got between private and public beat of the Sghting. In the fifth, Hub- customer ons of the lighters. On these lighters, but between a hired lighter and bard palpally foulad Arundel, and the facte the question arises whether the the consigned's lighter. But if the putting roforee rightly gave his decision in Favor "rink of craft" clause in the policy covers them on any lighter can be construed into of the latter. the all so loaded. I do not think that is appears very cicarly whether all the baskets were landed overwharf but in the view, that I take of the law this is material and I shall aanme that it was, On behalf of the defendants it was con- tanded that the overwharf transhipment
taking possession of the goods by th consignce in such a way that it is tauta mount to terminating the normal course of voyage, that is by ship
THE CHINA MAIL.
The Harbour Swim.
As already announced in our issued of the 25th and 26th inst, the proprietor of the-China Mark Ltd., are mania, offering | two cups for a swim, korom the harbour. Arrangements are now being made : the
BE ONE
OF
FIRST.
5000
sonditions of ending will be on THE lines as former years Saturday, Sep- tamber the 18th has been definitely fired as the date for the case. » Eas tries, which must be accompanied by an entrance tab of fifty conts, will close at 6 pm on Wednesday, 18th September and can be seat to either Mr Frank Lam- mort, Hon. Secretary of the Victoria Re- erostion Club, or to the Sporting Editor of the Chinn fin. The race will start from the Police Plor, Kowloon, at 1.30 pm. and cho finish will be any part of the Prays Wall between. Murray Pier and the V.R.O. enckwuro. Competitors must re- member that is, is partial to touch the wall before being declared a winner, A launch will be provided for the swimmer, and will lose the VRC as 5.15 sharp.
As the TROG is not confined to the start- ing clubs in the Colony, but is open to all who care to compote, we woull daw the attention of naval and military swish- mera to the fact hoping to receive a number, of entries from both servicos,
the sixth and last round, White aintain former years.
So far the race has been won by a service fought his opponent to a mish, the conman, Gar. Bro harton winning the initial along preventing a knock-out. The referee contest in 190 and A. E. Thomas of it.MS. rightly announced in favour of White.
Tamu being first in 1907 and agaic Inst year. Surely it is up to the members of the V., and C.Y.C. to wrest the hot- ours in a true sportsmanlike manner from their opponents in the Army and Navy
Aquatics.
V. 1. C. SPORTS. " A large gathering of those interested in aquatic sports ssembled at the V. R. C. Clab on Saturday afternoon and witnessed
most interesting programme of events. Practically without exception, the contests.
Anishes being seen. Below are the re- sults:—
from the ship to the shore, thighter way, of the U.S.S. Rainbow, who had were of an exciting character, some ispital
has terminated too.
VACATOY
DuelLength Handicap-1, W. J. Carroll, (was 2 secs): 2, P. C. Fenwick (“po”).
Ranning header from spring board,
WILLIAM. MARRIOTI. In the unavoidable absence of Broad- challenged Kid Marriott, of the Naval the risk Fard, Williams of the 87th Co. R.G.A.. by ap Applying this to the facts of this case, (1971b. 6iled the ioto lighters constituted landing, and undoubtedly the voyage, and so the risk pearing against Marriott, (12016) The Lord Justice Bowen's dictam in Houlder was terminated in the caso, of the 200 the China Station, had a lively experience
latter, who is bantai-weight champion en . Merchants Marina Insurance Company haskets sold from the lighter. So too if on In the first two rounds Williams astocished was relied co." He said, Landing the evidente I come to the conciusica goods means putting them upon the that the consignes intended, not to store those present and doubtless Marriott Points were allowed for form, distance.
to so the Kid being on the boards Do land, or upon that which by the custom the remainder in the galows, but to sell festar thna Ave times it one round. Up entry and recovery., MA.KR. Bouga; 2, of the port is its equivalent."
Ithem before storing, and for this purpose have no doubt that by "equivalent" was to alore the temporarily in the lighter to this Williams was casily ahead on F. B. Silva, moant wharf or pontoon. But the case then the risk would also have come to as good as his opponent, but in the next wick, (go") HW, Peterson, (owes
points In the third round Marrioth was Two Longths Handicap.-1, P. C. Fen there, was whether the "risk of craft end. That he would have sold them if a Williams was better. In the fifth round clausa covered the goods in the lighters customer had come along is clear, but Marriot so far forgot himself when he during transhipment to another vessel, and that is not the question: I must he had fought Williams to a corner as the use of the words "safely landed in satisfied that he did in fact so delay the font the latter, and the referee instantly connection with that clause means clearly transit to the glowas in the lighter, a to en
Williams, who throughout the fight fought in a wont sportsmanlike manner;" frequently declining to take advantage of oppor
to
ין
13
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The Score, by Lucas Malet. Cancerning Himself, by Victor L White
church
The Affair on the Bridge, by L. Morgan
De-Groat.
Everybody's Secret, by Dion' Clayton Cal»
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that the craft covered by the risk must be amount to a taking control of them for Fendered a justifiable verdict in favour of Team Raco.-For this event there were The Pools of Silence, by H. De Vors
Throwing Polo Ball-1, R. C. Witchell, 89 fest; 2, L. E. Lammert..
three entries, the victory eventually going somewhat easily to the team at whose head was A., B. Carroll, and which was composed J. Carroll, and A. R. Sou of Mesars, A. S. Ellis, H. W. Peterson, WA
The programme closed with a water pole match between the following teams:-
Bldes : A. H. Carroll (Capt.), L. E. Lammert, Jr Forbes, O. R. Chungut, C. 4. C. Rodrigues, F. K. Tais and B. & Carvalho,
Stacpools.
The Coming of Aurora, by Mrs Phillp
Champion De Crespigny. Family of Infinance, by W. E. William
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Samson Unshorn, by Hegtaald Turner. The Silent Ranchez, by Gertrude Fage. A Village of Temptress,by Fred Whishaw, The Cove Gertrude
draft used for the purpose of landing purposes other than those incidental to the and not craft wed for the purpose of voyage of ship plus lighter. transhipment.
The
dictum illustrates this This brings me to the inat point of delay, argument: but in view of the circumstances The lauling must be in reasonable time:
unities to knock out his opponent when in which it was used it cannot be erretched this point differs somewhat in detail from ahoing sent to the boards. The decision the latter regained his equilibrium after so as to conclude a case, such as the pre- deliberate termination of the voyage. sent, where the question is is the fact that think, as I have already said, that I am given by the popular and experienced goods have touched land temporarily in the bound to hold that the risk covered the the general comment was to the affect that referee was very favourably received, "and" process of landing somewhere else atransit by lighter to one of those godowns, Williams was so far shend on points that landing within the
of the polies moaning of
and that it must further include such Lord Justice Bowen was considering the delay as is involved by the normal process are badut fams could be a question of transhipment, something which of landing the oil into these godowns, fix rounds Williams could hardly have happened before the landing. The land, Now, here again there is one clear ce
Doring the succeeding interval it was
Stories, by Dorothea Conyer so to speak, lay in the distance beyond the where delays would relanse the under announced that Marrioth challenged all- Whites: A. E. S. Alves (Capt.), A. S. a
The Secret Paper, by Walter Wood, tanahipment: and a broad general pro-writer. Supposing one of the godowns, or position sufficed. But when we get to the even both were fall, and the lighterman comes at Set 3 lb., give or take & Tiks, J. M. Rors Pereira, 3.1, V. Ribeira, The Red Rose of a Summer, by Louise
Then followed an amusing"
yet will. and other questions may arise at fors- lay alongside hoping for a chance of get ing spar between two Unknowna Ellis, H. J. White and H. W. The Leagus of the White Hand," by O Oswald seen which require special consideration ting his oil taken in, clearly the risk could which lasted three rounds, at the am-Petersen
Crawford, and which cannot be concluded by a not cover such case, but suppose the
that. in
A keen gamo resulted in a draw of one A Little Green World, by J. E. Buskroes.
House of Intrigue, by Fency Whitse general proposition in the absence the normal course of things the lightermanclusion of which no decision was given.
consideration... And this is
or the consignee applied for space, and hị
An Honest Mas, by mecosvitated by the facts of this case.
"Kalph Harold Bris
1
agree that landing" sans landing," but Strong, Natally is an authority for saying that the words 다.
#azfely indul" mean what they say, and it the goods have to be inniled in a lighter the risk covers the transit to the shore in the lighter in normal circumstances. Risk of craft, a chuse introduced since the day when the sarly cases were decided," it it is inserted in the policy makes the matter still more plain. But it introduces some special con- siderations of its own.. Jam of opinion that insurers are bound to know the conditions of the trade which they insure. The fact
and
COLEMAN WILLIS..
A
Spies of the Kaiser, by Wm. la Quer, Royal Ward, by Perry J. Breboer. A Sense of Humor, by Beryl Faber and The Cage, by Harold Beybia
Bad Dorms Familiemaler Ka
Elizabeth View America, by Elinor, Glyn. The Romance of Beaty, by Boy Horniman.
goal each, when it was decided to play The next event on the card was a 10-extra time. Unfortunately cramp was co- was told not that space would be 'reserved beforehand, but that, there was room, and round contest between Coleman, U. S. S.sponsible for Alvas giving up, and, greatly his boat-lord would be attended to in dus Helena, (147 1b, who took the place of handicapped, the Whites want down two
i.e. suppose it were, first come first Waldera, U. S. 8. Rainbow, and Willi suzved, always coupled with a promise that of the Buffs, (168 1b). The advantxoal, victory thus going to the Blues by he would be served, then I am clear that age in weight was distinctly in faveur 3 only to one. this would be in the normal course of of the soldier, but the American give business,
would be covered by the risk. clever axposition of ringeraft, repeated- I am going to make a short cut ly escaping punishment by clever foot through the evidames. The plaintiff's work and cote smothering." It had agents in Canton were in the habit of been decided that in the event of both storing their oil in quantities of 200 to 400 man being on their feet at the expiry of baskets, sometimes even of much smaller the tenth round there was, to 2 be no
As briefly reported by us in our last issue quantities. The defendanta want me to decision, and both boxers tiring neither believe that in this case they were going to was able to get home the coveted panch, Dr. G. B. Harston, who has given gra- that Mears Butterfold and Ewire do not depart from, I will not say their usual and when the end was reached the restituitously for four years his services in the
i.. into their godown sooms to me to custom, because that not proved, but was a draw.
taka
Now
LEWIS BUCKMAN.
appearance
PRESENTATION TO DR HARSTON.
opthalmic department of the Tung Wah Eospital was presented during Saturday afternoon with several pisces of beautiful Chinese embroidery on the occasion of his
QUALIFIED ENGLISH CHEMYSTS.
·WILL ALWATE EE ÓY DUTY 20
DISPENSE PRESCRIPTIONS,
WATKINS,
C.S... Belena, gentleman of colour. A him ere the Hon. Mr Brewin, Dr. Thom- Canadian, and Buckman (168 lb), of thei Mr Sin Tak Fan presided and nupporting CHEMYSTS & DRUGGISTS
physique couldoon, Hon. Dr. Ho hai, sed others. marcely be pagined. The range and sesteely imagined.
HONGKONG,
The Chairman asid that for four years 31, Queen's Road Central overy Monday and Friday afternoon Dr. given of his knowledge, and skill in order Haraton had attended at the hospital and
DYNT TELEFONE: 492.)
bo irrelevant: a consignee is not bound to from what they very Frequently did. put his goods into the nearest godown 11 put the letter on ono side; I am The way was now made clear for, the the fact that some wall known oil godowns not bound to go further than to say principal evout of the evening, an ex- "were across the water must, or should have
it might have
bash given by
by Bar pectant crowd awaiting the been known to this insurance company: Ho without authority. But the godown and I think that even without this clause manager wants me to believe that no art of the contestanta-Lawis, ....(142 ́ ́,15), & departure for home. were it necessary-30 to decide, but tion of any sort kind or description was made, certainly with it, the intention
of and that the plaintif's agents deliberately the parties clearly was tast to the pro- lay alongside so as to keep the lighterman cess of Lading lightere would be used
his full period of hire in the chance of looked a giant, while the white man was a landing "maRRÓ further, that
patting selling the oil, and never intended to stere short, lithe, athletic looking young fellow the goods upon the land or upon that which it at all. The examination of the godown The latter had a reputation songsta select is its equivalent by the custom of the book as to the amount of work done by the few who had been favoured with a view to alleviate the anfferings of the poorar port," where in the clear intention of the godown on the days in question, as well as while training, and it was quietly binted class of Chinese, and the present which he parties it was intended that the goods in- the answers I succeeded in getting from that he would prove a surprise packet asked him to accept was not given as a sured should bolanded, and so the voyage hina as to the normal course of work at the while the dark-skinned man was confident reward as he felt sure the doctor was terminated. If therefore socording to the godown wharf, so ontimly bear out the practice of the what, which is a much story told by the plaintiff's witnesses, that his opponent. The preliminaries arrang attended his efforts. They wished him expected by his supporters to play with amply rewarded by the success which had moore suitable expression in the circum-I am compelled to accept the plaintiff's ed advice from the referee followed and as suir and hoped that he would return stances then the custom of the port, it is story. I therefore give judgment for plain the quiet stillness preceded the ringing with renewed health and vigour. necessary in order to got to the lihter to tiff with costa. tranship overwharf then it is
Dr Harston returned thanks for the not Mr Slade naked for interest alio, but of the gong starting the bout. landing But un incident of the the Chief Justice reserved the point..
outset it was. apparent that both men magnificent gifta paunted to him. He were in a class of their own while remarked that the department in which he there was a good deal of clinching the was interested was commenced "four years footwork and sharp exchanges displayed ago in a modest way. It was still a modust thorough knowledge of the art. In department Last year no fewer than the first round honours were easy the 2,500 operations were performed among FRIDAY, SEPTEMBER 3RD. next two being by a narrow margin in the out-patients, while among the i mighty over-hand sweeps by Backman He had thought of the possibility of that ME BANDMANN favour of Lewis on in-lighting. Some patients, over 100 cases ware sucosest ül, excited the audience and a rattling department being made pay for theelf, uppercut by Lewis, which just missed and he would suggest a scheme by which it certain knockout, were the principal might be made practical. Persons de features Buckman was peculiar in his in eyesight were in need of spectacles, bat
voyage, which is not concluded until the craft has, completed it by taking the "goods to the shoro. The interference of the consignes at the series does not bring the mee within the other doctrine, which doals with the termination of the voyage
SOUTH CHANNEL ENTRANCE TO THE YANGTZE.
by the consignee own action, which Middle Ground Upper Bucy of the South Notion is given that the colour of the shell refer to presently Clearly weighing the baskote as they want into the lighter Channel entrance to the Yangtze has been did not terminate the voyage. I am fully changed from red and black vertical stripes alive to the fact that the law as I am laying! it down, might be somewhat severely tested
* typhoon or tidal wave were to srise suddenly and destroy the goods while they were in process of transbipment on the wharf itself. But ahould such a case srise I am not afraid that the logic of the proposition as I have enunciated it, wouli
be equal to the task of deciding the case,
to rid.
THE BANDMANN'S.
the
method of branking in clinches and not, many among their patients could deed
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received advice from the observaDĚ to luy them, and he therefore anggested An will be seen in the Eandmani Com. refores, but he evidently found it difficult that Chiasse lene grinder, be ob pany's advertisement on this page, the to adapt himself to the rules governing who would be able to make Company have extended their soun from the content. In the fifth round Buckman spectacles for patients and also for people ono night to fojt. Miss Hook of Hol brought the Sght to a conclusion by an un-outside, who would thus be able to buy Bapt. Sid, and will be given on the opening night intentional foal in a clinch, and the reglasses and spectacles much
cheaper than A small point may be here referred to. (Sept. 3rd) to place of The Girls of ferne, amidst uproarious applause, pro at the ordinary shops, It was suggested that while Mesas Gottenburg," which is being played on the nounced Lewis the winner, a decision as The embroidery bore the following Butterfeld and Swice's wharves were following Monday
Bad faie su it was unfortunatos
woription: Dr Haraton is one of the claver in the Part of Canton the oil go- The grand Variety Entertainment which
it was physicians of the West, being protating in Throughout the entertainment it downs a word not. It could not be is to be given as a farewell performance on noticeable by the willingness of the millsmedical science and a specialan for QUANT put higher than a suggestion. I am the last night will, wo are informed, con that everything sequin and above. For a period of five years he has been hir satisfied that what or about the tain the famous Apache dance and grand board, and great credit is due to the bis services gratis at the Tung Window port is included in the port if shipping or Rose Ballet. The plans of seats are at popular prothetor, who associated with pink and those who own him.
Mr Glover an MC., Mr Kally as time grantide for recovery of their eyesight goods in lighters usually go there, and that Montse
keeper, and Mr Med Kennedy anaunouncer, of no insignificant number. Now, on
eve of his departure for the bomeland
in this "instance" what was dope was fully LIDDIARD'S LILLIPUTIANS. is to be congratulated upon providing
covered by the intention of the parties. I
key to all
now come to the use of lighters, and I do not think the law is very clearly stated in ME Tom Liddiard has given us a surprise Ammould. I shall first deal with the author. vixit, having arrived from Mapila to-day
ideal Sparrow, Carruthers decides that
If
the consignee enkle his own lighters for the goods, there is an end of the voyage. But that it was otherwise if the goods were
with his twenty four kidies. They play
here one night only to-morrow, and have
for Singapore and calculle on Wednesday
mach an excellent exhibition, one and all voting the sport eminently satisfactory.
Interport Rise Matob
Pide
in recognition of his valuable serriedaj nothing, dan adequately roainte, res fully subscribe ourselves ba’this mark tokau of our esteems and rega
The Directors of the Tang Wan Hön
Pration fo
for this match will commence on | The Committee if the Fo Leung Kü
It will be remembered that when Mr Baturday next, 4th Sept, on the King's the Geniry and Merchants of?
ent on shore by the ship's hosts or addiard was haze last his juveniles wars Park Range At 2.30. pin., and the Tange "In his application of the jade presumably the shipowners lighters, playing under the name of the Bijos will be available for praction on Saturdays cinnaba, his series walow The Chief Justice Dotload posible Troubador and Squdays throughout Septembar, samopan and the s anomaly which might aries supposing the The troupe gives a good show sad so wo Saturday flth. The Hon. Sporetary, his Like the benevolent cloud ship itself to have been chartered by the anticipate a good House for their end night M 8. Nothoots will be glad to all shower, mahi
frisé whota mitand there putazione: (consignes, whichi: down of itself shot that stay..
The Famous Musical Comedy
MISS HOOK" OF NOTA:HOLLAND,?
From the Prince of Walos,
Theatre, London r
For the first time in Hongkon 4 The Great Gafety Thantes.
HAVAN
TEE GIRLS” OF GOTTENBURG, Pad edition from the Galaty / Vastray London."
Farewell perform
RIZABLI6E1D 1770,
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China for the above Company's
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