408.
THE HONGKONG WEEKLY PRESS AND the defendant undertook to hold such goods Counsel for the defence also contended that no subject to the order of the Supreme Court of damage had been prov d, but I stated at the Hongkong to satisfy any judgment and costs hearing that I should allow such a technical error awarded against T. W. Hindmarsh. Defen- to be rectified. There were two other defences, dants stipulate, however, that claimants' law-one with reference to execution not having been yors (Mesars. Johnson, Stokes & Master) must taken out, and the other with reference to the produce the necessary order of the Court to defendants being in the position of guarantors. protect defendants in their holding on the other This latter I admit I did not quite understand. aide.
I shall therefore pass these two defences over by simply stating that I think the action is rightly brought Under these circumstances the cas
for the defendants fails, and the plaintiff, before recovering judgment, will have to prove damage.
Continning, His Lordship, said-As to the undertaking generally I am distinctly of opinion, and hold as a matter of fact, that on May 7, 1902 (the date of the signature of Mr. Cameron as general agent of the defendant company) all the parties were of opinion that the 28 cases in question were the property of T. W. Hindmarsh, and that Mr. Cameron intended to bind himself as to those 26 cases. That being so it remains to be seen how the undertaking expresses such opinion. The first objection taken on behalf of the defendants is that the undertaking refers only to goods be- longing to T. W. Hindmarsh, and that there- fore, in consequence of the Americau decision before referred to, Mr Cameron is only liable for such goods as are actually proved to belong to Hindmarsh. As to the American dec sion, in the view I take of the case, I do not think that I need take it into consideration. The words in the undertaking follow the words in the writ of foreign attachment and correctly describe the 26 cases. Hindmarsh was the shipper and the only man who could sue on the bill of lading, and in law at that time he was the only owner, and the only man who could be so described. So that instead of, as counsel for the defendants contended, the words imposing a condition that Mr. Cameron is only liable for goods that may possibly hereafter be proved to belong to Hind marsh, I think that they are an additional earmark to the 26 cases as being included in the undertaking. The second objection taken to the document is based on the words "subject to the order of the Supreme Court of Hongkong to satisfy any judgment, etc." On those words it was argued that the Court having never made any further order in accordance with the provisions of Section 470 of the Code of Civil Prosedure, the undertaking is bad. However, when the Court gave judgment in the original sotion, it also gave leave to issue execution against these goods, but as by that time the goods had left it does not seem to me that there was any further action necessary on the part of the Court with reference to goods
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that were out of its jurisdiction. The last objection to the undertaking refers to the last two lines. They are as follows "You must, however, produce the necessary o.der of the Court to protect us in our holding on the other side." It was incidentally mentioned in the course of argument that this proviso had not been inserted under legal advice, as the rest of the provisions of the undertaking had been. Whether, how. ever, this proviso was added by Mr. Cameren ex mero motu or not, it cannot be construed by itself, but must be taken in conjunction with the rest of the document. Counsel for the defendants gave Mr. Cameron credit for con- siderable powers of prophecy and argued that the insertion of such a proviso showed that there was present in Mr. Cameron's mind a set of circumstances similar to those which have occurred, vix, that he forsaw the possibility of third party coming forward and claiming the goods, ss and from the time of ship ment, and that the documen's (copies of the writ of foreign attachment) which forwarded having been held by the American Court to be insuficient to cover all the goods, the undertaking is bad. However, I think the argument is fallacious for if my opinion is correct that on May 7, 1902, Mr Cameron was convinced that the whole of the 26 cases belonged to Hindmarsh, then it seems to me imp ssible that he could have contemplated any third party coming in to set up a totally dif-
were
ferent claim. What he meant," as it seems to me, and what appears to be in consonance with the rest of the undertaking, is: "Give me docu- ments that will protect me in my holding on the other side against Hindmarsh, the shipper and owner, or possibly against some indorsee of his in the ordinary course of business," and those he got. Therefore on the docu- ment itself I am of opinion that the defence fails,
With regard to the proving of damage, Mr. Slade admitted that the judgment amount in the original case, and costs, had not been paid.
His Lordship allowed the costs of the action, the amount of judgment in the original action, and the costs of that action; costs as to summons in chambers disallowed.
The Court rose.
POST OFFICE ANNUAL REPORT.
The report on the Post Office for the year 1902 by Mr. L. A. M. Johnstone, Postmaster General, is published in the Government Gazette. From it we call the following particulars :-
International and local correspondence re- ceived and despatched during the Received: Letters and postcards (including 124 insured and 289,140 registered), 2,211,834; other articles, 1,218,77. Despatched: Letters and postcards (including 16) insured and 199,050 registered), 3,082,140; other articles,
968,350.
year-
The
The number of bags, &c., received and despatched shows an increase on that of 1901. The total number actually dealt with was-Bags, 96.623; packets, 11,998; parcel post boxes, 7,978; and loose letter boxes, 2,516. number of steamers conveying these mails was 7,426 inwards and 8,432 outwards. Included in the former are 43 United States mail packets, 26 English P. & O. contract packets, 26 Messageries Maritimes Co.'s packets, 26 German mail packets, and 15 Canadian.
During the year the English mails were received here on 6 occasions in 27 days, on 17 occasions in 28 days, on 22 occasins in 29 days, and on other occasions in 30 to 41 days. Twice during the year the French mails were brought on to Hongkong by vessels of the Nippon Yusen Kaisha (Japanese European
line).
The total sales of postage stamps for the year amounted to $264,420.83, an advance on the sales of the previous year of no less a sun than $25,043.34. The sales of stamps at the British Post Office at Shanghai and at the British postal agencies in Chins amounted to $90,246.02, an increase of $6,140.74 on the previous year's receipts, the hanghai Post Office receipts under this head being $50,019 06 in 1902 against $38.749.64 in 1901.
451 on that of the previous year. The total The parcel post business shows a decrease of number received (including 4,090 ineured) amounted to 44,150, and despatched (including 4,377 insured) to 37,239.
The statement of revenue and expenditure for the year 1902 shows that the revenue received from all sources was $387,066.19, exceeding that of 1901 by 831,153.45; and the expenditure was $316,240.12, an increase of $12,554.61 on that of the previous year. The net balance to the credit of Hongkong Post ffice on the year's transactions amounted to *$70,826.07,
The money order business done during the rear 1902 was 8721,112.08. The sales of Impe- rial and local postal notes in 1902 amounted to £6,026 68. 74d. and $10,434.07 respectively, the former showing a decrease of £892 58. 5fd. and the latter an increase of $2,341:01 on the sales of the previous year. The penny letter postage was ext nded to the British postal agencies from 15th February, 1902.
A result of the recent introduction of a steam
pilot-boat (built in Hongkong) into the service of the Pilots' Association of Shanghai is that their two-masted pilot schooner Potar Star is advertised for sale. This vessel is 66 feet long by 18 feet broad and 7 feet deep, and was originally built for sealing in the Behring Sen.
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(June 6, 1903.
DRAGON FESTIVAL AT ABERDEEN.
The greatestenthusiasm prevailed at Aberdeen on Sunday last over the Dragon boat races. Mr. W. B. Dixon, the Chief Manager of the Dook Company, intimated that he would give s prize to the winning boat in any raos they liked to set aside for the purpose. On this becoming known no less than five boats hailing from Aberdeen, Aplichau, Chung Kwan Ổ, Luk Chow and Shaukiwan appeared on the Econe and their wild practising afforded excellent sport for some days previous to the races.
On the 31st ult, mark boats were placed at the western end of One Tree Island and the eastern end of Aplichau, affording a splendid stretch of water lined on each side by junks and sampans dressed with gay flags. Mr. Dixon's arrival was a signal to the Dragon boats to get into position. The course was patronised by a goodly number of Europeans; His Excellency the Governor and Lady Blake arriving and taking a keen interest in the proceedings. The race for Mr. Dixon's prize, the Chinese insisted, should be rowed in three heats, the last race to decide the order of the boats.
At the start of the first race the excitement among the Chinese was tremendous, and the boats came on in splendid style with very little between them, the spray from the paddles flying from stem to stern and cooling the heated bodies of the owners. Half the distance was covered with all boats beating perfect time when to the consternation of all the rest the Shankiwan boat, which had rept ahead, suddenly sheered across the stream,
The greatest. good humour prevailed among causing all the boats to get entangled. the Dragonites over the mishap and a fresh start was made for the second race. Mr. Lee Ping, Government contractor, intimating that he would give a $10 note to the beat coming in first. The race was rowed splendidly and ended in a neck-and-neck race between the Luk Chow and the Aberdeen boats, the Luk Chow winning by a short distance.
The third race was an exciting struggle. and again the red and white flags confested neck-and-neck. The Aberdeen boat this time. got the victory and carried off amidst great vociferation Mr. Dixon's prize. The remaining boats were awarded prizes subscribed by the Aberdeen Dock officials. After the prize- giving Mr. Dixon left, his popularity amongst
the Chinese at Aberdeen being shown by the tornado of crackers burled after his launch.
Mr. Lee Ping afterwards raced the red and white flags again and His Excellency the Gover- nor supplemented the prizes given by a handsome donation.
The races were umpired by Police Inspector Langley and started by Mr. P. Langley, of the Dock staff.
DISTINCTIONS FOR HONGKONG OFFICIALS.
Reater announces that His Majesty the King has been pleased to award the Imperial Service Order to the Hon. R. Murray Rumsey and Mr. Bruce Shepherd, and the medal of the Order to Mr. A. Mackie, late of the Police Force. The bestowal of these honours will be appreciated by all. Hon. Commander Mur- ray Rumsey and Mr. Bruce Shepherd are yet in active service, though both are soon to retire; Mr. Mackie has already closed his con- nection with the Police. All are old Colonial servants.
Mr. Mackie was for 31 years in the Colony, during which time he rose to the rank of Chief Inspector and also held the post of Acting Deputy Captain Superintendent. Mr. Bruce Shepherd has seen service now for a long period of years in the Land Office. Unassuming and kindly, he is liked and respected by all who know him, and his personality will be missed when he leaves Hongkong. Hon. Murray Rumsey has been connected with the Harbour Office for over 15 years, first se assistant - Harbourmaster under Captain Thomsett and then as head of that Department. In his hands the enor mous shipping business of the Harbour has been most effectively conducted, and at the Legislative Council his advice on matters nautical has been invaluable,!
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