46
were in Hongkong, and the defendant's alias was Chuk Chin Yeung. He formerly carried on business at 18, Praya Central under the style of Chuk Si Kuk Si, and he resided at 40, D'Aguilar Street. The plaintiffs' claim was for two bills of exchange for $4,000 and $3,000 re- spectively. They were drawn by Leung Sin Ko upon the defendant, who was described on the bills as Mr. Chun King Ting, of the Chuk Bi, and they were accepted by him and payable to the plaintiff Bank fifteen days fixed after sight. The bill for $4,000 was drawn on the 10th October and was accepted on the 31st October by the defendant himself. He sigued his name as acceptor and also chopped the bill, which became due on the 15th November, with his firm's chop. The bill for $3,000 was dated 14th October last and was also drawn by Leung Sin Ko upon the defendant in favour of the plaintiff Bank fifteen days after sight, and was accepted by a man in the employ of the defen- dant named Lam Yuk, aling Lam Po, on the 29th October. This man had the authority to affix the chop of the defendant's firm and he did affix the chop on the bill which became due on the 13th November.
His Lordship-The second bill was not ac. cepted in the defendant's name.
Mr. Pollock-It was accepted in the firm's
name.
His Lordship-Is he the sole partner? Mr. Pollock-I do not know whether he is sole partner; he is one of the partners, and I have authority for the fact that the firm's ac- ceptance would bind him.
Counsel then quoted the case of Nicholls v. Hearn reported in 9 Ex. page 854.
His Lordship-This is not an acceptance per procuration; another man signs as acceptor.
Mr. Pollock-Yes, but that man will prove that he had authority to put the firm's chop on the bill.
His Lordship-The defendant's name is not on the bill.
Mr. Pollock-In this case it is accepted in the name of the Chuk Si Kuk Si, which is a name for a corporation. The bills were pre- sented for payment at the defendant's shop, but the defendant had gone to Canton, and the fokis in the shop said they had no authority to pay the money. The bills have not yet been paid nor the interest upon them.
THE HONGKONG WEEKLY PRESS AND
His Lordship--What is the rate of interest ? Mr. Pollock-There is no rate of interest mentioned; we ask for the ordinary rate, 8
per cent. I shall prove these facts and then ask your Lordship for leave to issue execution on certain property belonging to the defendant and which was left him by his grandmother.
Evidence was
then called in support of counsel's opening statement. the bill for $3,000 his Lordship said he could not see that the plaintiffs had a remedy except as against the drawer.
In reference fo
Mr. Pollock thought the case he had quoted was sufficient to support his case.
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His Lordship-In that case the bill was accepted in the man's personal capacity, and he was the draweo. In the judgment Baron Pollock said, Now the legal effect of this ac ceptance is that the defendant accepts the bill as principal and as agent for all the other members of the firm." The judgment is against and not in favour of your case. In this case the drawee did not accept.
Mr. Pollock-It was done with his authority: I admit, however, there is a difficulty.
His Lordship Even if he did give authority you would have to prove a direct authority to accept the bill.
Mr. Pollock General anthority, I think,
would be sufficient.
His Lordship-To carry on the business of a firm? No. I give you judgment on the bill for $4,000 and costs of noting and stamping. What application do you make in regard to the $3,000? Mr. Pollock-We cannot do anything further in regard to that. Will your Lordship grant us a non-suit? We might be able to get further evidence.
His Lordship-Very well; the $3,000 claim is withdrawn, with liberty to bring a fresh
action.
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Mr. Pollock then proceeded to call evidence as to the property which the plaintiffs sought to attach
Mr. A. Seth produced the original will and petition for probate.
Mr. Pollock asked if the will was signed by Chun Kung Shi.
His Lordship-In the copy the name is Chun Kung Sz. I am afraid sufficient care is not exercised in Chinese names. Any similarity is immediately jumped at and assumed to be the same name. There might be a danger of attaching somebody else's property.
The inquiry respecting the property was adjourned until next Wednesday in order that further evidence might be called.
Mr. Pollock-I am instructed to apply for an adjournment into chambers.
His Lordship-This is absent people's pro- perty and I think it is just as well to have a public inquiry.
Judgment was then entered for the plaintiffs for $4,000; the $3,000 case was withdrawn, and the inquiry respecting the property adjourned until the 15th January.
SAFETY OF THE
crew.
"BONNINGTON."
A MEMORABLE VOYAGE.
was
received on
Satur-
January 16, 1898.
boiler broke from its fastening was carried away to sea, and then to work to tackle with their mighty the rolling boiler, which, it was fear break in the bulkheads in No. 2. holds; if these had given way the ship would of a certainly have gone to the bottom. Everything at hand was thrown down the boiler room with the object of forcing the boiler into a resting position; sails, tarpauling, logs of wood, hawsers, &o., were used up in way, and at length the men's efforts were warded. The boiler settled itself on the part side, giving the boat a heavy list, and in order to make it doubly secure heavy chains were passed through and fixed on the upper deck. The ship was in a terrible plight; ther was no steam, no sails; a boat had been carried away by the funnel; two men had been injured
only slightly fortunately—and to crown all, the after hold was rapidly filling with water. This last fearful calamity caused the captain to consider the vessel as hopelessly beyond help, and he ordered the starboard lifeboat to be got ready in case the crew were forced to leave. But as the boat was being swung out the hook in the fore part of the boat carried away, bent the davit, and the boat dropped into the sea, and was lost. Then to add to all these troubles the port lifeboat was dashed against the ship's side by a tremen dous sea as it was being swung out. Only one small damaged boat was left and the crew num- bered twenty-six-two being Chinese, three Japanese, and twenty-one Europeans. The outlook was indeed sickening. Darkness was rapidly setting in, the water was gaining in No. 3 hold, and the men were at the mercy of the waves. But there was not a coward amongst the crew; they were fearful of their fate, but they resolved, if the worst should come, to do their duty until death. Some worked the bilge pump and others bailed the water out with buckets, the work proceeding all night. The waves were very fierce and ran higher than the captain had ever seen them in the East. Not a single ship could be sighted and it was in vain An examination that signal rockets were fired.
was
The steamship Bonnington, Captain Leighton, safely arrived in Hongkong on Saturday, at one o'clock in the afternoon. The news of her safety was first received in the colony from Captain Gyles, of the Paoting, who reported having passed the Bonnington" in tow of the Boynton ten miles west of the Lammocks, and at noon a telegraphic message came from Cape D'Aguilar stating that the missing vessel was then passing the station. An hour later she had dropped her aucher off West Point. It is impossible for any word picture to depict the perilous events of the Bonnington's memorable voyage and the brave struggles of the captain and crew who fought such a praiseworthy battle against the overwhelming odds against them. Weeks ago the vessel was given up as lost. She started from Yokohama for Moji, via Kobe, to take in a cargo of coal for Messrs. Carlowitz and Co., on the afternoon of December 3rd. But Kobe was never reached, and as the voyage usually takes only three or four days the greatest
made of the shaft tunnel, and it was found that water was coming in through the anxiety was felt for the safety of the ship and
Steamers going northward were in. bilge pipes. These were closed, the bulkheads structed to keep a keen look-out for her, but were bra ed, and the water was thus prevented no tidings of her whereabouts were received. fron making further headway into the hold. H.M.S. Edgar was also sent from Yokohama in in the morning the sea had somewhat moderated search of the boat, but this, too, proved futile, and the crew then set to work and made a raft und as day after day passed by without any in- out of the spars and woodwork that could be formation being received by her agents, Messrs. got. The ship drifted helplessly about and was It was then decided to im- Dodwell, Carlill. and Co., it ras concluded carried out to sea. that the ship and all hands had been lost.provise sails out of tarpaulin, old bags, and carpets, One may imagine, therefore, how warmly and this being done a course was struck for the south. They were then 500 miles off Japan, and although steering was accomplished only with very great difficulty they managed to get between the Bonin and Loochoo Islands. Altogether the ship was under sail for thirty- four days. Provisions had run short; the men had one meal a day, consisting of a biscuit or two, a bit of pork, a potato, and occasionally a piece of shark. It is difficult to conceive what hardships they laboured under, and what a terribly trying time. they had. They had got altogether out of the track of steamers, and one day they almost came to grief on the Providence reef. About 2 a.m. on the 8th inst. they got into latitude 26.57, longtitude 121.57, and at length their spirits were heightened by seeing a steamer, which proved to be the Boynton. A rocket was sent up, and the Boynton responded at once. Captain Leighton signalled that his ship was disabled and he was then asked if he wanted as He decided to put off in the small boat he had left and explain matters to the Boynton cap- tain. On returning Captain Leighton and the other men in the boat almost lost lives, as the craft was such a fráil that she nearly filled notwithstanding bailing. The captain of the Boynton supp extra provisions to the hungry ore Bonnington and the vessels kept compan daybreak, when the Boynton took th nington in tow and started at full Hongkong: They were favoured weather, and at one o'clock on afternoon they steamed into the harbou the Bonnington dropped her anchor of Point. During the 94 days they were under
the good DAWS day, and how, thankful the men themselves were when they were safely towed into harbour. The particulars of the voyage, as furnished by Captain Leighton, form one of the most ex- traordinary stories of the sea that can be ima- gined, and all honour is due to the Captain and his crew for the true British pluck they showed thronghout the perilous voyage.
It was on the 4th December that the first difficulty was encountered. A NE. wind blew, the sea ran very high, rain fell in torrents, and the ship, which contained no cargo, pitched and rolled very heavily. On the morning of the 5th Cape Osaki, which is about forty miles from Kobe, was sighted, but the gale then in- creased in violence, and the ship broached to on the port helm and fell into the trough of the sea, and was tossed about like a huge cork. Then happened an accident which made the crew feel that their doom was sealed. Captain Leighton was endeavouring to wear the ship round on the other tack when the bed of the boiler gave way, and the ship was in dire stress. The boiler is one of sixty tons weight and with every roll of the vessel this tremendous mass of metal dashed against the bunkers, completely smashed them in, and threatened every minute to crush in the sides, when all would have been over. It was at this time that the crew dis- played that calm courage which is the true test of a man's heart. The men realized their almost hopeless position, but they failed not in their duty. Not a man shirked his captain's orders; all worked willingly, and it is un- doubtedly due to their manly conduct that the ship and their own lives were saved. As the
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