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THE HONGKONG WEEKLY PRESS AND was to reach Tientsin between the 20th and put forward in that court by the plaintiffs was 30th October, 1898. The goods at Tientsin in respect of an insurance on cargo from Tien- were paid for in two instalments, 15,000 txelstain and a cargo from Tientsin only, it did being paid on the 18th October. He gave not include, as plaintiffs now put their claim, his agent instructions to purchase goods to any reference to cargo shipped on board the the value of $40,000, and he decided to Activ either at Newchwang or Chefoo. The insure the goods for that sum with the plaintiff's claim, as stated in their petition, defendant company, with whom he had pre- viously insured goods. He had a book sup- plied to him by the defendant company on- taining forms of application for insurance. The book produced was the same. It was in Chinese. The counterfoils filled up in the book were 35 in number and referred to insurances with the defendant company. He had had a book before this. He had never had a loss before. He made out the application for this insurance in the usual way, and got in return the paper or risk note produced, which was similar to the papers he received from the company in his previous insurances. He re. | ceived no other document from the company. He paid the premium iu full—8180-but he did not exactly remember the date. After the ship had gone down a bill collector from the defendant company's agents came round to his hong and be paid him the premium. The same proceeding took plass in previons insurances. Besides the document produced he received no other receipt from the defendant company. The Chinese characters on the document, which was dated 21st Oct., 1898, signified that goods had been insured by the plaintiffs with the defend- ant company for $40,000, at the rate of 45, net amount $180." He did not remember whether he paid the premium on the 21st October or not.
[January 18, 1800.
on the Saikong fired, with commendable energy, some 100 rounds on so from small arms, but although, as was found afterwards, they rid- dled the Esang's awning and woodwork, they
bagged " no pirates.
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Arrived at a place near Chatonshan, the pir ates made up a creek where the Saikong could not follow. The Fumuntsoi, the other, ladnob, however, continued the chase, and at last rán the quarry to earth some miles up the creek. The pirates, unfortunately, got away safely, and the captain and crew of the launch were left to "face the music." A detention of some weeks in Canton will, perhaps, convince them of the foolishness of allowing themselves to be pirated.
The next case is more serions.
res- for 44,000 and odd dollars in pect of cargo shipped at 'Tientsin on board the Activ. They alleged in their replication they did not allege it in their original petition -that the insurance was on a valued policy, and the meaning in point of law of a valged policy was that the insured and the insurers had come to a definite agreement between them selves that the value of the subject matter of the insurance should be taken for all
On Saturday last, 6th January, the launch purposes as between the company and the
that. Yuening, in the hands of pirates, was chased insured to be the sum named, and in the absence of fraud, there should he no by the steam cutter of H.M.S. Tweed. As right on the part of the insurance company to usual the pirates fled to Chutoushan, and it is more than likely the creek they went up is the ask for vouchers or proofs or any evidence as to what was the real risk or true value of same one as that patronised by the Evang. The the charge. Therefore, the first question for cutter followed up for six miles till they came the consideration of the jury was whether to a large village. Here the launch was aban. the transaction between the parties in Amoy doned, but tho pirates, reinforced by some 50 and the transaction between the parties in | villagers, poured a hot fire on our men, wonud- ing one severely in the thigh. Of the pirates, Tientsin in respect of two insurances was an agreement for a valued policy or not. The two are known to have been killed, and probably more As they were in ambush behind trees on evidence of the agreement between the parties was simply the application put in by the Chi. the bank, our people were at a great disadvan- nese merchants and the debit note. He admittage. They recovered the launch, however, and ted that the latter was equivalent to a risk returned safely to the Tweed
All honour to Capt. Forbes Sempill and his note, as the defendant company had no busi- ness to accept the premium unless they ac-gallant crew for a plucky attempt to smoke out
When the rpplication was
the nest of the pirates. cepted the risk. sent in and that debit note was issued there was a completed contract between the parties, and the only question was, what was that Was it a contract in the nature contract? of an open policy; was it insure to the extent of $40,000 on cargo to be laden on boarl the Activ at Tientsin in re- Witness, continuing, said he got the docu ment produced from his agents at Tientsin.spect of which, in the event of loss, the China It was a statement of goods, with the prices, bought on behalf of his firm.
Mr. Francis said the money was paid on the 9th February, 1899. These matters were left in the compradore's hands, and be collected the money the day before China New Year, which was on the 10th February last year,
Mr. Francis-We only admit that for what it is worth. It is a document received by him. It is a statement made in writing by a person who is not here to be cross examined.
Witness, continuing, said the document was dated Nov. 1st, which was the day after the Activ left Tientsin. He brought it down to Hongkong with him, and an official of the Insurance Company took it away from him. This was in December, the month after the vessel was lost. He could not get payment at Amoy, so he came to the head office. He handed over together with this document a great many more papers-bills of lading, etc.—and the manager of the company, when he took them, promised to pay the money. These documents were never returned to him.
Witness bad not concluded his evidence when the court rose for tiffin.
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Witness continued bis evidence after tiffin when the various items mentioned in the doon. ment received by him from 'Tientsin were gone into, the defence pointing out which they Of 11 admitted and which they disputed items all but three were admitted, 12.775 taels, bain: admitted out of 25,281 taels. Continuing, witness said that in addition to the insurance of $10.00 taken out by himse f on the goods shipped at Tisotsiu; a further insurance of $3,000 was effected at Tientsin, in respect of the same goods with the same insurance company. He produced the document supplied to him on that occasion by the defendant company, and Mr. Francis admitted that this was a risk note. This was dated 1st November. The premium had been pail.
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Witness was then cross-examined by Mr. Francis, the cross-examination not being con. cluded when the court rose.
8 contract to
Traders Insurance Company had a right to call for proof of the actual value put on board; or was it a valued policy which was evidenced on these two documents, in virtue of which the com- pany agreed to be bound without further question as to the value. According to the law in Eng- land, a law not enforced in Hongkong, it was necessary before any one could come into court that a regular, formal, properly stamped policy should be made out, and the application and risk note be, as it were, out of court. In this case the company's agents at Amoy, Boyd and Com- pany, did fill up a policy, but it was common ground that the plaintiffs were not claiming on that policy at all, because that policy on the face of it was an insurance of a full cargo from Tientsin, Newchwang, Chefoo. Tamsui to Amoy, was not in respect of the sum of and it $40,000.
before The plaintiffs came
the court saying they ought to have the policy which had been drawn up, re-formed and amend ed so as to make it in accordance with the risk note issued. With regard to the policy, if they were being sued upon it, then contention was that as it was drawn up it was not on the face of it a valued polioy
The hearing was further adjourued.
PIRACY ON THE WEST KİVER,
A LIVELY CHASE.
A BRITISH BLUE-JACKET WOUNDED.
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[FROM A CORRESPONDENT.] On the morning of the 31st December the steam launch Esang (with passenger boat in tow) was pirated and seized near Kumchuk. The alarm was given to the Kumchuk Customs station, and the armed revenue launch Fumuntsoi, which happened to be there, at once weighed anchor and gave obase. The Esany meanwhile had slip. The cross-examination of Hung Hui Ching,ped away down river, making for Chatoushan,
the pirate refuge. a partner in the plaintiff firm, was continued by Mr. Francis.
10th January,
The evidence given by several witnesses at a Commission held at Tientsin was read. The hearing was further adjourned.
11th January.
Mr. Francis addressing the jury for the defence, said the subject matter of the claim
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Another towing lunch, on her way up, meeting the Esang, promptly cast off her tow and joined in the pursuit. Shots were exchanged betwen the pirates and the Customs' launch. Next the steamer Saikong, from Hongkong to Samshai, met the expedition, and the captain, seeing what was up, attempted to run down the pirates. Fis manoeuvre, however, was not successful, but he, too, joined in the pursuit. The British officers
It is now certain that the villages in the owlong, neighbourhood of Chutoushan, at Kucew, and other places, if not actually the pirates themselves, are at any rate in league with them, and it is to be hoped the British authorities will force the Viceroy to inflict summary punishment on these villages, and send the Sandpiper to see that he does it!
PIRATES AT THE BOYNE,
A Canton correspondent sends us the follow- ing, derived from Native sources :---
Never since the Tsing dynasty has piracy been so rife as at the present time. Outrages are too numerous for count to be kept of them. The notorious pirate chief Foo Chan-hoi and his gang, numbering about two thousand per sons, are so strong and bold that the mandarin soldiers dare not advance against them. They have fifteen steam-launches and a
great number of snake boats at their service, and they have supplies of provisions and ammunition enough to last for years. Their ensign is a large red flag bearing the character
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Foo" and a fishtail. Their biding places are amongst the hilly recesses behind the Boyne forts, and they sally forth to make attacks by day and night upon trading junks and steam launches and to levy blackmail. Any merchant junk or steam launch willing to pay them a monthly or quarterly squeeze is given a small red flag with the character “ Foo,” and a fishtail embroidered in gold upon it as a guarantee against attack, and the vessel is told that it may go anywhere without fear, and that if attacked and robbed by other parties the Foo gang will endeavour to recover the stolen property. One day last month, while a party of the pirates were going up the river in a steamer, with their flag boldly flying. they met a mandarin torpedo bost. Instead of turning tails as might have been expected, they shouted out to the mandarin boat to clear away or she would be fired upon, and the mandarin boat cleared away secordingly. It is said that a short time ago when the pirate chief took a concubine, a number of trading junks, steam-launches, and merchants sent him presents of scrolls and other articles to cen- gratulate him in the happy exent, and he acknowledged the gifts very civilly.
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On Monday morning an old Chinese woman was brought before Mr. Gomperts at the Ma- gistracy charged with attempting to commit suicide. On Saturday afternoon she jumped into the Harbour from the Yanmate Ferry Wharf, but was saved from drowning by the master of the launob. The woman said she had no home and no food, and that that was why she endeavoured to do away with herself. She was ordered to be detained for a week. Hin Worship commended the launch master for bis conduct, and made him a present of $3.