220
97, for Your Worship to review your decision that these cargo boats do not come within the
'plant." meaning of the word “
His Worship-They must be placed on the
site.
Mr. Wilkinson-The only witness said that the cargo boats were included in the word plant," and were placed upon the site. I take It that the very admission made by my friend- His Worship-I told you that "no admission was binding on me.
Mr. Wilkinson-To properly construe a document the first thing is to find out what was the intention of the parties. The intention was evidently this:-I case of the firm failing, everything in connection with doing the
to work should revert
the Admiralty. Thes, cargo boats were purchased expressly for the work, so it is abundantly It clear that they form part of the plant. would suit my clients admirably if your decision were correct. The site, however, is the whole area of the dock, and at one time consisted of land covered by water. It is all reclamation and at the commencement of the contract there was no land, or very little. On this ground I ask Your Worship to reconsider your decision, and if you require evidence I shall call Mr. Williams to prove that the cargo boats are always within this area.
His Worship-I am afraid a rehearing must be refused, but I give you leave to appeal.
Mr. Wilkinson-I ask you to take a note of Mr. Taylor's admission that the boats belong to the Admiralty.
His Worship-No, that has nothing to do with it.
Mr. Wilkinson-I wish to call evidence to prove that these boats are anchored within the basin.
His Worship-If you wish it, under the circumstances, I will allow that.
Mr. Wilkinson-I wish to call evidence as to where these boats were placed.
His Worship-Very well, on Wednesday at twelve o'clock,
Wednesday, 29th March.
BEFORE ME. F. A. HAZELAND (SECOND POLICE MAGISTRATE).
REX V, PUNCHARD, LOWTHER AND CO..
After judgment was given in this case on Monday, Mr. Wilkinson, solicitor for the
defendants, obtained permission to bring evid- ence to prove that the cargo boats used by the defendants were anchored in the Naval Yard Extension basin, on the site," and were there- fore a part of the plant the property of the Lords Commissioners of the Admiralty.
Mr. A. J. Williams, the defendants' repre- sentative at Hongkong, produced a plan of the site of the Naval Yard Extension for the pur- poses of the defendants' contract. The plan showed the whole Naval Yard Extension to be under water. The cargo boats were placed on this site in s position now dry land; that was, immediately after the cargo boats were purchased. Since then they were always brought to anchor there except when at work. The term “ plant" included the whole machinery and tools. He had experience of similar contracts. The word "plaat" included the whole of the appliances in similar contracts except consumable stores. There were three kinds of plant,-stationary, moveable and float- ing. If a steam engine carried material to the site that would be included in the word plant.
Since he had been in the firm these boats had always been understood by him to be included in the plant. The Admiralty had always considered them to come within the word "plant." (n one occasion they sent a boat, a dredger, to Messrs. Butterfield and Swire, but before doing so had to obtain the consent of the Admiralty.
Cross-examined by Mr. B. H. R. Taylor (the Assistant Harbour: Master). These boats were used for carrying material from various places in the New Territory to the works. The firm arranged where the boats were to go and what they were to get. The Admiralty did not give any orders. complete control of the firm for the purposes of the contract.
five had
THE HONGKONG WEEKLY PRESS AND
Mr. Taylor-I would like to point out that if these boats cannot be prosecuted, any junk man can lend a boat to someone else and no one
would be liable to any penalty.
Mr. Wilkinson-The owner would be liable. His Worship-Yes, there is no question about that.
Mr. Wilkinson-Regarding Your Worship's decision that these boats do not come within the terms of clause 22 of the contract, by which all the plant immediately it is placed on the site becomes the property of the Admiralty. I would point out that by the evidence of Mr. Williams these boals form a part of the plant and were placed on the site. You The site merely means the position. would speak of the site of the battle of Trafalgar. The site in this contract could not possibly refer to land because, as is shown by the plan, the whole site Was under water when the contract was entered into, so nothing could be placed on it except on or under water. A proper construction can only be derived at by finding out what was in the minds of the parties when the contract was made It is abundantly clear that the object and intention of the clause in the con- tract was to enable the Admiralty, in the event of the firm being unable to carry out the work, to take advantage of everything being used so that these things might be used by the persons employed to take the place of the coutractors. These boats have been regarded as part of the plant and the property of the Admiralty both by the contractors and the Admiralty them-
selves.
His Worship-In this case I am not able to alter my decision. The words placed on the site must mean not only over but attached to the ground. A similar fine to that I mentioned ($5) is inflicted.
MARINE MAGISTRATE'S
OURT.
Baturday, 26th March. BEFORE HON. CAPT. L. BARNES LAWRENCE,
R.N. (MARINE MAGISTRATE).
Capt. Carrie, of the s.8. Queen Eleanor charge eighteen of his crew with impeding the progress of the ship by refusing to proceed to Japan. The defendants, he said, hal signed articles to proceed to anywhere between 75 deg. North and 60 deg. South On arrival at Hong- kong ou the morning of the 24th, complainant was ordered to proceed to Sasebo, Japan, by Messrs. Dodwell and Company, the local agents. When the ship was ready to proceed to sea the defendants came aft and refused to proceed as there was contraband of war on board. Com-
plainant tried to persuade the men they were in the wrong, but they refusel to alter their decision.
The defendants said they did not know when they signed on that the ship was going to Japan.
His Worship reasoned with the men, pointing out that by refusal to comply with the terms of their agreement they rendered themselves liable to punishment. If there was any reasonable danger to be apprehended from proceeding to Japan be would be the first to recognise it, but there was no greater danger attached to the trip than ordinarily attended a seafaring life. The knowledge that coal was considered to be contraband of war did not apply in their case, as the coal was not intended for, or consigned to a belligerent power. It was for the port of
Sasebo.
The men, still refusing to proceed in the ship, were ordered to be imprisoned for twelve weeks, and to be reshipped on board the Queen Eleanor should she return to port before the expiration of the sentence,
At the annual meeting of the Shanghai Ice, Cold Storage, and Refrigeration Co., Ld., held on March 20th, the Chairman (Mr. Geddes) was able to congratulate the shareholders on the first really good year the company has seen. The report and accounts were adoptel, a da dividend of six per cent. to shareholders on the registers on the 20th inst, declared; Messrs. the Court-They
large C. E. Geddes, J. Grant Mackenzie, and J. By cargo boats, five small ones and four large' Prentice were re-elected directors, and Mr. J.
H. Osborne auditor. lighters.
The boats were under the
[April 3, 1905.
COMPANIES.-
HONGKONG HOTEL CO., LD.
shareholders The ordinary meeting of in the Hongkong Hotel Company, Limited was held on March 28th. Mr. W. H. Potts also (chairman) presided, and there were present Messrs. E. Osborne and W. Parfitt (directors), Mr. C. Mooney (secretary), Captain W. E. Clark, Captain F. D. Goddard, Messrs. E. J. Chapman, D. Clark, A. H. Skelton, J. A. Jupp, Ho Fook, Ho Kom Tong and Lo Cheung Shia.
The CHAIRMAN-Gentlemen-The report sud accounts having been in your hands for some days, I will, with your permission, take them as read. You will have noticed that the balance at credit of working account shows an increase of 810,901.76 over the corresponding period of 1903, but the net balance of profit and loss is only $1,718.98 in excess. This is accounted for by the smaller amount brought forward from the previous half year, viz., $1,990, and increased interests on Debentures and Bank overdraft. It is gratifying to once more show an increase, the two previous half years having shown a large d-crease; we are still, however, far behind the earnings of two years ago. During the greater part of the six months under review, the revenue from tourist and transient visitors showed little or no improve- ment, and we have had to depend mainly on monthly boarders at rates which, though they are supposed to be higb, in reality would only yield about four per cent. on capital, if the Hotel had to depend entirely on them. Our new building, Hotel Mansions, is nearing completion, and we should like to dispose of the balance of the debentures to meet the cost of the same. Repairs and renewals have exceeded the amount appropriated at last meeting by $874.77, an I there is every prospect of a further increato, as over and above the ordinary outlay, the outside of the building will shortly need painting. We have reduced the Electric light plant by the 820.000.00 set aside for that purpose in September, 1903, as we do Before not consider it a marketable asset.
moving the adoption of the report and accounts Twill be pleased to answer any questions which -
shareholders may ask.
There being no questions the CHAIRMAN moved, and Captain GODDARD seconded the adoption of the report and accounts. This was
carried.
Mr. CHAPMAN proposed the re-election of Mr. Osborne as Director.
Captain CLARK seconded and the motion was carried.
Mr. D. CLARK proposed the re-election of
Messrs. Jeffries and Lowe as auditors.
Mr. SKELTON seconded and the motion was carried.
The CHAIRMAN.-Dividend warrants will mor- be ready on application after to-morrow ning. That is all the business, gentlemen. Thank for your attendance.
Captain GODDARD. Before we leave I beg to of thanks to the directors, B vote
move
manager and staff of the hotel for the good work done, and the report on the business of the year. If it continues as good as during the growl. past year or two the shareholders will not
Mr. JUPP seconded
The CHAIRMAN. Thank you.
GEO. FENWICK AND CO., LD.
EXTRAORDINARY GENERAL MEETING. A second extraordinary general meeting of
this Company was held at the Hongkong Hotel on the 31st March, for the purpose of confirming as a special resolution, the resolution passed at an extraordinary general meeting of the Company held on the 11th March last, and previously published in these columns. There were present:-Mr. A. Rodger (Chairman of Directors), Mr. W. Parlane (Director), Mr. W. G. Winterburn (General Manager and Secretary) and Mesars G. de Champeaux, T. Arnold, J. L. Andrew, W. H. Purcell and J, K. McCorquodale.
The Secretary having read the notice convening the meeting and the resolution passed at last extraordinary general meeting.