September 19, 1904.]
CHINA OVERLAND TRADE REPORT.
His Lordship granted the discharge subject | middle of the month without giving notice, the to suspension for six months.
law was that she was not entitled to any wages for that term.
The Court adjourned.
Friday, 16th September.
IN ORIGINAL JURISDICTION.
BEFORE HIS HONOUR SIE HENRY 8. BERKELEY (CHIEF JUSTICE).
ACTION FOR PERFORMANCE OF AN
AGREEMENT.
MARINE COURT.
Wednesday, 14th September.
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further questioning, however, he was emphatic in his statement that the vessel's course was never altered. His interpretations of the meaning of the one short blast, on board the Ying King, › was also for a pilot far from reassuring, as he stated that it meant that the other vessel was turning to port, when, as a matter of fact, it meant just the reverse. I am un ble to come other conclusion than that the helm of the Wing thai, on hearing the Ying King's whistle, was ported-not however necessarily to any extent--and that it was so done with the view. in yachting parlance, of blanketing her rival Ernest James Page. master of the river-steamer. By the evidence elicited from her steamer Ying King, charged Samuel Bell-Smith master of the river-steamer Wing Chai, with failing to observe the "rules of the road," on
BEFORE HON. CAPT. L. BARNES-LAWRENCE,
R.N. (MARINE MAGISTRATE).
**YING KING V. WING CHAI."
the night of the 4th inst. Mr. J. Ha 3, solicitor. prosecuted on behalf of the com- and Mr. E. J. Grist, solicitor, appeared on behalf of the defendant.
Hon. Barnes-Lawrence said :-
Evidence for the defendant was resumed in the case in which Wong Lut Yan, merchant. 151, Des Voeux Road, sued Tam Chak U. landowner; 61. Des Voeux Road. for specific performance of an agreement made between the plaintiff as vendor and the defendant as pur-plainant; chaser, on 28th May, 1903, for the sale by plaintiff to defendant of the Remaining Por tion of Inland Lot No. 1,216, subject to a certain mortgage registered in the I and Office, and to the payment of $27.500, portion of the principal sum of $100,000 and interest. Plain- tiff asked alternatively for $10,000 damages Hon. E H. Sharp, K.C.. barrister-at-law (instructed by Mr. R. arding. of Messrs. Ewens and Harston, solicitors), appeared for the plaintiff, and Mr. M. W. Slade, barrister- at-law (instructed by Mr. F. X. d'Almada e Castro, solicitor), was for the defence. The property involved is the six houses comprising Richmond Terrace.
Defendant in his statement of defence said he paid $6,150 bargain money on the faith of a representation falsely made to him by Cheung Fu Chan, the broker who was employed by the plaintiff to negotiate the sale of the property, to the effect that the property was let for 8650 per month, when it was let only for 3250. He made a counter-claim for $6,150. Plaintiff denied that the broker had any authority to make such a representation as «lluded to
Hon. Mr. Sharp. K.C. in opening the case for the plaintiff, said that when the defendant showed an inclination to purchase the property, the gardener showed him and the broker the end house: then be unlocked the next hous to it. Defendant was told that the end house was a type of all six houses, and he replied that he had seen all that he wanted and did not want to kee any more. There was some conversation as to what sort of rents might be expected. Defendant was informed, he believed. that the house he had see i had been let for 8160 -it had just been newly done up the other end house was let for $96, and the four inside houses could be let for something like $60 each. At the end of the inspection defendant practicall made an offer of $60,000 for the property, plaintiff asking $70,000. Defendant afterwards made another inspection. When he next saw the broker and told him he had again visited the premises he still offered him $60,000, which was refused. On 23rd May the broker abandoned hope of getting his 270,000 and reduced the price to $62,000. Eventually the price of $61,500 was agreed upon. There was no mention of rents on the order of sale, as it was given out by the plaintiff to the broker.
Further evidence was led, and the case was further adjourned.
IN SUMMARY JURISDICTION.
BEFORE HIS HONOUR T. SERCOMBE SMITH (PUISNE JUDGK).
AN AMAH'S WAGES.
A Cuinese amah, proceeded against her late employer, Mr. E. Ezra, for $9 wages due for
August.
The evidence of the plaintiff went to show that on 31st August Mrs, Ezra had occasion to reprimand the amah, finally striking her, Thereupon the amah said :----· Mistress, you beat me, i can leave; you cannot be it me.' The amah stated that Mrs. Ezra replied ⚫ You can go; I won't pay you'; and the amah left.
Defendant admitted that the amah worked during the whole of August, leaving on 1st September.
The Ppisne Judge gave judgment for plain- tiff with costs, remarking that, as the amah had worked during the whole of August, she was entitled to be paid. Had she left in the
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cross the
The evidence given for the prosecution viz. by the master, the chief officer and a pa««<enger, on board the Ying King is all in agreement. They affirmed that their vessel was overtaking the Wing thai, and that when the vessel was bearing about one point on the Ying King's port bow, and distant some 300 to 400 yards one short blast was blown on the Ying King to indicate that she wou'd pass the Wing Chai on her starboard side. and her helm ported accordingly. The witnesses were also agreed in their statement that on this whistle being blown the Wing Chai deliberately attempted to
bows of their
consequence. ship. which had to give way by porting in The point that governs this case lies in the fact as to whether, on hearing the Ying King's whistle sounded, the helm of the moved. The evidence given on behalf of the Wing Chai was, be ring in mind Article 21.
defence was somewhat conflicting. The first witness called. a passenger in board the Wing Chai, who was seated on the port side of that ressel's bridge, affirmed that when he heard the whistle of the Ying King blown she was on the port quarter of the vessel he was in. e. in reply to the question clearly put, she was on his right hand lookin r aft, with water between her and a continuation of the taffrail of the Wing Chai. The evidence of the master and chef officer of the Wina Chai was that the Ying King was on the starboard quarter. and, as this agrees with the statement of the Ying King's witness, it leads ong to the conclusion that this passenger's eviden e, who admits that he was star-gazing, is of no value in assisting one to a solution, nud mas be disregarded. Coming now to the evidence of the master of the Wing Chi, it transpired that at the time of the occur rence he was standing in frout of and outside the wheel-house-the pilot being just behind and inside the wheel-house, presumably conning the ship. On hearing the Ying King's whistle the master immediately ran to the starboard side of the bridge. There he observed the two side lights and the mast-head light of the Ying King. The evidence of the chif officer of the Wing Cha'. also on the bridge, was that after the Ying King had blown hor whistle he observed only her red (port) liht, having previously seen all her three lights. This evidence is conflicting inasmuch that the master sa v all three lights. It can only be inferred that the Ying King had ported on blowing her whistle he could only have seen all three lights by porting the helm of his own ship- ⚫therwise he would only have seen the red light as the chief officer states to have done. The evidence given by the pilot of the Wing Chai is decidedly contradictory. By models he clearly demonstrated that on hearinr the Ying King's whistle the wheel of the Wing Chai was moved to starboard. The evidence of the defence is therefore that of the master who, from his position at the starboard and of the bridge, was not in a position to say how the wheel was handled; that of the chief officer, who was on the port side of the bridge, placed there- by in similar circumstances; and that of the pilot and helmsman, who alone, if they desired to, could give conclusive evidence. It has been shown that the pilot's evidence is not dependable, as I have no
to believe that he regarded the question I very clearly put to him as one representing a mythical case; and that the vessel's head moved to starboard.
reason
On
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to
any
master it is only fair to believe that he had him. self given no directions to the helmsman, and may indeed have been ignorant of the movement of the helm which evidently took place, when some- what unfortunately he left the vicinity of the wheel, and the direction of affairs was temporarily in the hands of the pilot alone. How far the pilot takes charge on these runs I have not been able to discover, but in no wise is the master absolved from responsibility in the event of a 1 accident.
Taking all the circumstances into considera- tion I hold the master of the Wa
ing Chai to blame, in that he enabled it to be possible for the helm of his ship to be moved to the extent of deviating from her course at a tim· when, due to the proximity of an overtaking vesel, he should have used every endeavour to keep a direct course.
Sentenced to pay a fine of $100. In default of payment. 14 days' imprisonment.
THE HONGKONG COTTON SPIN- NING, WEAVING AND DYEING CO., LD.
ANNUAL MEETING.
The seventh ordinary meating of the share- holders in the above Company was held at the offices of the General Managers (Messrs Jardine. Matheson and Co.) on the 10th inst. The Hon. W. J Gresson presided, and there were also present. Bir C. P. Chater. C M... and Messrs. A. G. Wood (Directors), R. C Wilcox. W. A C. Cruickshank, F Smyth, H. Gittins, Lo Cheung Shiu. Ho U Shang. Yuen Hop. Sang Kee. Hon Kon Loong, R. A. Ferguson, A. Shaw (Manager) and A. Brooke Smith. (secretary)
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The notice convening the-meeting having been read,
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The CHAIRMAN said: Gentlemen, following the usual procedure at meetings in this Colony. I propose, with your approval, to take the report and tatement of accounts, which have been in your hand for some days, as read. During the period covered by the accounts now before you, we, in common with all others engaged in the cotton spinning industry, have passed through trying, and what we rust may prove to be abnormal times. Owing to the high prices of cotton for many months past, and to there being no corresponding increase in the price of yarn, our mill since the begin. ning of the year has only been worked 4. in- stead of 6 days per week. We have also suffered somewhat by business in the districts supplied from Newchwang and Chefoo, the chief outlet for our yarn, being greatly ham. pered since the outbreak of hostilities be- tween Russia and Japan. At the moment
to be the outlook, though leaving much desired. is brighter than it has been
time, as we for some
are approaching the marketing of the rowing cotton crop, which, if the acreage planted is any guide, should be a large one, whilst indications point to satisfactory state of trade in the country recently vacated by the Russian Army. It is to be hoped that this year's yield of cotton will exceed the world's requirements, as stocks are small in all the chief markets, and until a bumper crop is realised we cannot expect to see. low priced raw material, an essential factor for the welfare of the cotton spinning industry. This year we have not suffered to any great extent from plague, which you will remember caused us considerable anxiety during the first You will doubtless be six months of 1903. interested to know that since short time was adopted the whole of the machinery at the mill has been thoroughly overhauled and is now in an efficient state of repair. Before proposing
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