March 24, 1902.]
LUZON SUGAR REFINING CO., LD. The following is the report for presentatio■ to the shareholders at the twentieth annual general meeting, to be held at the offices of the general agents, at 12.15 pm on Thursday,
27th Maroh :----
The general agents beg to submit their report for the year 1901, with a statement of accounts to 31st December last.
As stated at the last annual meeting, it was found necessary to close the refinery soon after the beginning of the year under review, there being no sufficient outlet for its sugars, and the same reason has prevented the resumption of work sint e..
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The stocks of sugar on band were disposed of in the spring of last year, and current expenses reduced to the lowest point consistent with proper care of the buildings aud machinery, etc., which have been maintained in good order. Including $10,011.85 at debit on 31st Decem- ber, 1900, the accounts show a loss of $50,675.81, which is carried forward to next account.
CONSULTING COMMITTEE.
The present members are Mr. H. P. White and Mr. C. S. Sharp, the latter having been invited to join the Board in place of Mr. Gillies, who has resigned on his approaching departure from the Colony.
AUDITOR.
The accounts have been audited by Mr. Thos. Arnold, who offers himself for re-election.
JARDINE MATHESON & Co., General Agents Hongkong, 19th Marob, 1902.
The accounts are as follows:
CAPITAL ACCOUNT.
Capital account
LIABILITIES.
$ C. 700.000.00 Jardine, Matheson & Co.'s current account 35,856.48 Sundry creditors
3,764.59 162.63
Cash
ASSETS.
C.
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CHINA OVERLAND TRADE REPORT.
1
221
To
Braemar his oral evidence was correct he was bound to of Braemar Point, at about 5.45. p.m. Point is not named on the chart, but is a point denote a course similar to what he did, or he about half-way between Quarry Point and would have contradicted himself. As a matter North Point on the northern shore of Hong of fact part of the argument was that the kong. It appears from the pleadings and evidence of the Skramstad was too good evidence that, on the evening in question, the to be true. The only other witness on German steamer Tai-cheong was on a voyage behalf of the Tai-cheoug, who had anything from Hongkong to Swatow, and that the material to say as to this point was the first on her mate, and bis evidence was only material as to Norwegian steamer Skramstad was way from Amoy to Hongkong in ballast, what took place after the collision. He stated About the time above mentioned, the two that in his opinion the Perla struck the Tai- vessels collided and a third vessel, namely the cheong about at a right angle. If that was so I 8.3. Perla. which was following, ran into cannot help thinking, and I believe my assessors the Tai-cheong and glanced off on to the agreed with me, that the story told by the Tai- Skramstad. Five writs were taken out, namely cheong as to her course is an impossible one. Nos. 12 and 14 of 1901 being cross actions be account for the Skramstad getting so far to the tween the Perla and Tai-cheong, and Nos. 13, southward as the Tai-cheong alleges, it was 15, and 16 being actions between the Tui-cheong argued that she wanted to anchor off Wan Tsai. and Skramstad. By consent, the three last There was no evidence on this point, and I have actions were consolidated, and it was ordered already stated I do not believe the was there. that they should be tried first and the other two The story for the Skramstad is that after getting should stand ever until the decision in the through the Lyeemun Pass and getting to a Tai-cheong and Skramstad sctions had been despot north of Pengnin Shoal she headed for a livered. The case came on for hearing before, bright light at the Admiralty Dock at Kow. myself and two assessors. Although, as is usual, Joon. She then saw the green light of the each side attributes many faults to the other, yet Tai-cheong 14 to 2 miles on her port bow (and in this case there are really only two questions prob.bly some of those on board her saw the to be considered and those aro (1) the actual Perla's lights, but for the purposes of this place of collision, and (2) the course taken by the judgment I do not think it is necessary to go Skramstad after getting through Lyeemun and into that question). Shortly after the Tai the course taken by the Tai-cheong, after pass- cheong shut out her green and showed her red ing Blackeads Point. That is practically light. The helm of the Skramstad was then the course taken by each vessel after sighting slightly ported and the vessels approached red the other. Now, with regard to the first point to red. Suddenly the Tai-cheong shut oat it was contended on behalf of the Tui-cheony her red light and showed her green. The that the collision took place about 300 yards belm of the Skramstad was put hard aport from the northern shore of Hongkong, and, and her engines full speed astern, but the that being so, the Skramstud was on her wrong collision occurred. Such are the two stories,. side of the channel, having regard to Article 25 and having once arrived at the conclusion that of the Regulations for Preventing Collisions at the collision occurred somewhere about where Sea, and so was to blame. In support of this the Skramstad says it did it is obvious that of view there was the evidence of the captain of the two suggested courses that spoken to by the Tai-cheong, but I think it was of a very the Skramstad is the only possible one, and unsatisfactory nature both as regards his oral in this opinion I am supported by my assessors. $739,783.70 | evidence and the course he drew on a chart; in On the evidence no other grounds of fault or fact own counsel had to make some apology for default arise. The result, therefore, is that the $
him. On the other hand, the evidence for the Tai-cheong is solely to blame, and will be con- 632,142.43 Property account...
Skramstad makes it quite clear to me that demned in costs, and there will be the usual Hongkong & Shanghai Banking Corporation 19,955.20
35,802.44 the collision took place mach further off the reference to the Registrar and merchants if Coal, charcoal, stores, &c...
1,207.82 northern shore of Hongkong than the captain necessary. I may mention that one of my Sundry debtors
assessors was of opinion that if the Tai-cheong of the Tui-cheong states. It is perfectly certain $689,107.89 that, after the actual moment of contact, the bad let go her anchor, before the collision it
50,675.81
would have minimised the force of the blow. Skramstad was pushed by the Tai-cheong a $739,783.70 considerable way towards the Hongkong shore, and also travelled some way after the vessels got clear, and sauk some 200 to 250 yards This is borne out $10,011.85 North of Braemar Point
3,389.02
by the evidence of the second engineer of the 1,480,52 Skramstud, who states that his engines were 36,874.42 going astern from 5.45 p.m. to 6.7 p.m. In addition to this, there is the evidence of $51,905.81 a petty officer from HM.S. Humber, who is un independent witness, and who was in a $1,230.00
boat and watched the whole thing. It is quite 50,675.81
possible his ideas of distance are not quite cor- $51,905.81 rect, but I see no reason to doubt the main facts of his story. The question of narrow does not arise in the case, as I am of opinion that the Skramstud was not on the wrong side of the channel, but was at a point considerably north of. the point indicated by the captain of the Tai- cheong. Although this is a question of fact, I may say that my assessors agree with me entirely, That being so I now find that even supposing it to be a narrow channel, a point which I do blame under Article 25. Now to turn to the second point, viz., the navigation of the vessels. Of course having come to the conclusion that the account of the Tai-cheong as to the place of collision is incorrect, I have to examine closely the evidence on her behalf as to her manoeuvres. According to the Tui cheong, the red light of the Skramstad was first sighted 14 miles off, about three points on the starboard bow. The Tai-cheong then ported and the Skramstad opened her green light. The Tai-cheong blew ne blast and then went full speed astern and hard aport. Just before the collision the Skramstad opened her red light. A collision occurred, and the Skramstad was cut into just abaft of her collision bulkhead. The captain of the Tai-cheong marked out the course of the two vessels ou a chart (exhibit 1) showing also the place of collision, but the course he attributed to the Skramstud was, so extra- ordinary that even his own counsel had to admit he was no draughtsman. If, however,
Balance of profit and loss account
PROFIT AND LOSS To balance from last year
To interest
To auditor's fee
To Manila agents' commission
To loss on working..
By gain in exchange
By balance.....
ACCOUNT.
SUPREME COURT.
Monday, 17th March.
IN ADMIRALTY JURISDICTION.
150.00
BEFORE HIS HONOUR A. G. W18E (ACTING not decide, the Skramstad cannot be held to
CHIEF JUSTICE).
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8.8. "TAI-CHEONG V. & S. SKEAMSTAD," Judgment was delivered in this suit which arose out of the triple collision which took place on 20th November, whereby the a.s. Skramstad was sunk and the Tai-cheong and the Perlu damaged. Mr. M. W. Slade, barrister-at-law, was counsel for the plaintiffs (instructed by Messrs. Deunys & Bowley, solicitors), Mr. T. Morgan Phillips, barrister-at-law, appeared for the defendants (instructed by Messrs. Johnson, Stokes and Master, solicitors), and Mr. E. H. Sharp, barrister-at-law (instructed by Messrs. Deacon and Hastings, solicitors) watched the case on behalf of the owners of the Perla. ¡
The nautical assessors were Commander Fawkner, R.N., of HM.S. Glory; and Captain
·Pybus: R.N.R., of the Empress of Japan.
His Lordship said-These actions are the out- come of a collision or collisions that took place în November 20, 1901, somewhere to the north
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TUNG KONG, SHUN TAI CO, LD. v. THE SHIP
Judgment was delivered in this suit, in which plaintiffs claimed $3,500 for damages alleged to have been sustained by the Hong-chau by colliding with the defendant ship in the West River at the entrance of the Wangmoon Channel on 1st January.
Mr. M. W. Siade, barrister-at-law, was counsel for the plaintiffs, instructed by Mr. C. D. Wilkinson of Messrs. Wikinson & Grist, solicitors; the defendants were represented by Mr. E. H. Sharp, barrister-at-law, instruced by Messrs. Dennys & Mr. H. Hursthouse of Bowley, solicitors.
His Lordship, in delivering judgment, said— This is an action by the owners of the Hong- chau for damages occasioned between the Hong- chau a d the Tung-kong which occurred on January 1, sometime before 10 p.m., in the West River near Crag Island. The case is a simple one but is somewhat peculiar in that each side alleges that the other boat was the overtaking one and therefore is to blame for the collision under Article 24 of the Regulations for Preventing Collisions at Sea. There is practi- cally no dispute as to the damage done to the Hong-chau, and the only question is whether the Tung-kong overtook the long-chau and ran into her on her port side with her starboard bow, or whether the Hong-chau overtook the Tung-kong and collided with her port_side against the starboard bow of the Tung-kong. To decide this question it is most important to find out which vessel started first, and the attention of the witnesses was primarily directed to that point. As a matter of fact, I am of opinion that the Hong-chan started a little before the Tung-kony and that seeing it was ebb tide she on backing round from her wharf did not go round to port the Tung-kong is that she got away first, and that after passing Lin Tai the Hang-chan, which was overtaking them on their starboard quarter, began to bore in on them and eventually
The story for