August 13, 1896.]
by sea water plaintiffs would have taken de. livery. So far as witness know, the case was dropped into the water as it was being landed at the Praya wall opposite plaintiffs' godown. The defendants' coolies, and not plaintiffs', dropped the case. If it had been delivered from the boat safely into the godown it would have been accepted. The case was sold for Butterfield and Swire's account for $352.
The defence was that the plaintiffs' servant engaged the coolies and it was they who dropped the case into the water.
The hearing was adjourned until Friday.
7th August.
Mr. Master addressed the Court for the defence and said that the plaintiffs' case was that they would have accepted delivery of the mer- chandise if it had not fallen into the water, in spite of the wooden cover and the tin lining being out open. There was a difference in the evidence as to who ordered the removal of the case from
the sampan. Four witnesses for the defendants to one for the plaintiffs had said that the plain tiffs' servant had ordered the removal, and therefore their evidence must be taken as being the true version. But even supposing the defendants had ordered the removal from
the sampan they were exempted from liability by exceptions in the bill of lading.
The defendants were not liable, according to the bill of lading, for error of judgment or negligence of their labourers or any other person either ashore or afloat; their liability ceased on the delivery of the goods on deck.
His Lordship said there were some ordinary exceptions in European bills of lading, but where any exceptions out of the ordinary were introduced and they were not brought to the notice of the shipper by a more prominent mode of printing than the mode in which the usual exceptions were printed, the question arose whether the exceptional exceptions came before the notice of the shippers--whether they were printed in such a manner and in such a position as to attract the attention of the shippers.
Mr. Master said it ought not to be assumed that the exceptions did not hold water because they were not drummed into the heads of the consignees or shippers before the goods were shipped. He submitted that the verdict ought
to be for the defendants.
Mr. Dennys, in reply, said his whole case was this, that the defendants by their bill of lading admitted that they received the goods in good order and condition, and they had not delivered anything to the plaintiffs. When plaintiffs applied for the case it could not be found and it
·would be reducing the matter to an absurdity if the shipowners were not liable for goods after they left the deck. It was also ridiculous to suppose that the plaintiffs' godown keeper would, contrary to strict orders, have taken delivery of damaged cargo and engaged coolies to remove it from the sampau.
His Lordship, in giving judgment, said it was important to notice that the plaintiffs claimed damages for non-delivery of merchandise; they did not claim for damages to cargo or any other damages except those arising out of absolute non-delivery of a certain package. There was no doubt that the defendants took the case in a sampan to the Praya in front of plaintiffs' godown, whereupon it was taken out of the sampan. The Court had to decide, as was often the case in that Court, upon the preponderance of evidence on the point as to whether the plaintiffs' servant or the defendants' servant engaged the coolies, and the preponderance of evidence decidedly pointed to the conclusion that plaintiffs' servant engaged the coolies who dropped the case into the water. Therefore the plaintiffs, by their servant, took delivery of the goods from the defendants, by their servant. Judgment must be for the defendants with costs.
11th August.
AH YAU v. R. L. THOMAS. Ah Yau, 44, Praya Central, brought an action against R. L. Thomas, commission agent, 6, Victoria View, to recover $363.68 for goods supplied and money paid on behalf of the de- fendant. Mr. Looker (of Mr. V. H. Deacon's office) appeared for the plaintiff and Mr. Bowley appeared for the defendant.
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CHINA OVERLAND TRADE KEPORT.
119
Mr. Looker said that when particulars of the | wards, not far away from the scene of the acci claim were furnished to the defendant he refused | dent. Holes were cut in the side and four men to pay and proceedings were then taken. De- | and two women were rescued. The remaining fendant then said he wished to pay the money thirty were drowned. A third fatality occurred and did not want any unnecessary expense to near Cheung Tsa Wan, north of the Cos- be incurred. However, on Monday night he mopolitan Dock. A junk proceeded from (the solicitor) received a letter from Mr. Bow. Hongkong to that place on the 29th and ley stating that the plaintiff was an undis- just before reaching her destination she was charged bankrupt and therefore could not struck by a heavy wind and capsized. There sue. It was a fact that plaintiff was an undis- was a crew of eighteen and they all lost their charged bankrupt, but the goods were supplied lives. Some of the bodies have been washed and the money advanced, not by the ashore near Capsuimoon Station. plaintiff personally, but by the Fuk Cheong Ah You firm, of which plaintiff was the manager. The defendant had admitted the debt and he now wished to evade payment owing to the plaintiff being an undischarged bankrupt. Counsel therefore had to ask for the writ to be amended by substituting the name of the Fuk Cheong Ah You firm for the name of the plaintiff.
Mr. Bowley objected to the amendment. It made no difference whether the plaintiff was a partner in the firm or not. He was an undis. charged bankrupt and was therefore not entitled to make any contracts or recover any debts. If his Lordship amended the writ, then an ad- journment would be necessary.
Mr. Looker submitted that the plaintiff, as manager of the firm, was entitled to bring an action on behalf of the firm and it was not necessary to add the official assignee or the official receiver as plaintiff. As a matter of fact, plaintiff was not a partner in the firm, but only a clerk.
Mr. Bowley said it would be practically com- mencing a new suit if the writ were amended, and he would not be prepared to go on then.
Defendant had never admitted the debt.
His Lordship said the amendment suggested would absolutely alter the name of the plaintiff. The amendment conld not be made and a non- suit would be entered with costs against the plaintiff.
CLEAN BILLS OF HEALTH,
The following letter from the Colonial Secre- tary has been forwarded to us by the Secretary to the Chamber of Commerce:-
8th August, 1896. ultimo I am directed to inform you that Clean Sir,In reply to your letter of the 28th
Bills of Health were issued yesterday and tele- grams to that effect have been despatched to the Singapore Government, Her Majesty's Consul at Manila, and the Chairman to the Municipal Council, Shanghai.-I have the honour to be, sir, your most obedient servant,
(Signed) J. H. STEWART Lockhart,
Colonial Secretary. The Secretary, Chamber of Commerce,
THE RECENT TYPHOON,
MANY LIVES LOST.
SEVERE GALE AT HONGKONG.
A strong gale prevailed during the greater part of Sunday, 9th August but fortunately it did not reach typhoon force and there is but little damage to be recorded. As usual, telegrams from Manila had warned ns of the approach of the storm, the last one, dated Manila, 8th August, 5.25 p.m., reading as follows:--" The
centre of the storm is now in the China Sen. It left the island of Luzon near 17 lat. Its direction seems now to be from S.E. E. to N.W. W." At 1.35 p.m. on Saturday the red drum was hoisted, signify. ing a typhoon to the E. of the colony at
a distance of more than three hundred miles.
Yesterday morning the black south cone was flying, signifying that the typhoon was with- in three hundred miles and south of the colony. About a quarter to ten the gun was fired one round, and later in the morning an express was circulated giving the following observations made at 10 a.m. and telegraphed across from the Observatory Barometer 29.65, wind direction N.E., force (Beaufort's scale) 4, temperature (dry bulb) 88, wet bulb 77, weather (Beaufort's notation) 6. The following remarks were added :--" Typhoon centre about 250 miles to the south-east of Hongkong apparently moving towards west- north-west. Strong N.E. to 8.E. gale expected in Hongkong.'
The
By eleven o'clock the wind and sea had risen considerably. Most of the small craft had sought shelter over night or early in the morning, but there were a few stragglers that had an uncomfortable time of it. One cargo New Pedder's Wharf, where she was abandoned boat drifted up against the Praya wall near
by her crew and she gradually broke up. An- other one was anchored a little way out, strain- ing heavily on her anchor. A passing steam launch was signalled and bore down to her, bu, after a very short "talkee-talkes" went off againt leaving the distressed craft to her fate. tale amongst the bost people ashore was that the launch wanted a hundred dollars for towage and that the master of the cargo boat would not give more than fifty. Later in the day the cargo boat drifted up against the Praya wall and sustained a good deal of damage. There were several launches cruising about in The loss of life during the typhoon of the harbour before the storm reached Wednesday, 29th July, was unfortunately its height, ready to take junks or cargo boats much greater than was at first thought. It in tow, and as may be gathered from the in- was believed that Mr. Norman Jay was stance above mentioned, the fees they demanded the only person drowned, but on 4th were not small. All the steamers in harbour got August the Hongkong Police received up steam and prepared for bad weather, and the information which leaves no room for doubt river boats left their wharves and went over that at least fifty-two lives were lost in addition. behind Stonecutters. The Dock Company's steam About ten o'clock on Wednesday night a junk tug Fame seemed to have rather a heavy job on carrying a crew of twenty capsized off Stone hand in towing the Government floating crane; cutters Island. The occupants cried loudly at first she was proceeding eastward, apparently for assistance and a junk which was close by intending to make for Kowloon, but as she was endeavoured to reach the wreck, out their able to make but little headway in that direc gallant efforts were not rewarded until four tion she changed her course and made o'clock in the morning, when, during a lull in for Stonecutters. There was a good deal the storm, the overturned junk was reached. of interest along the Praya during Seven of the crew were rescued without much the day and considerable crowds gathered to difficulty and then holes were bored through watch the waves rolling in and breaking over the side of the junk and six of the occupants the sea wall. With the exception of a few were saved by climbing through the holes. It smart showers between eleven and twelve in the was thought there were more people in the morning and again after dark there was but cabins, and on Tuesday 4th August, the junk was little rain, and the sun broke out at frequent brought on to the shore, when three men were intervals, allowing those who had prepared found alive in a cabin. The remaining four were smoked glasses, etc., to catch occasional glimpses drowned. The Kwong Hoi passage boat was on her of the eclipse, or to imagine they did, but as - way to Hongkong with twenty-eight passengers seen from Hongkong it was a very little bit of and a crew of eight when a squall capsized her the sun that was obscured. The barometer near Ling Ting, Capsuimoon. News of the did not fall very greatly during the gale the accident reached Hongkong on Thursday 30th lowest reading being about 29.60, at four o'clock July, and the agent sent a launch to render in the afternoon, after which it began to m assistance. The junk was found bottom up. I but very slowly. But seven o'clock the pform
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