May 4, 1907.]
Mr. Pollock addressed the Court, and the oase8 was adjourned.
CHINA OVERLAND. TRADE REPORT. the Lombard Steamship Company, Ltd. of having failed and to fulfil to perform the con 23A, Great St. Helens in the City of London,ditions of their charters party by not placing the for the recovery of $12,000, being damage steamer at the disposal of the plaintiffs after sustained by plaintiffs by reason of the breach the repairs in proper time. cf charter party of the British steamship Salamanc entered into at Hongkong on 7th February, 1902. The Hon. Mr. H. E. Pollock, K.C.. instructed by Mr. P. F. C. Master. (of Messrs Johnson, Stokes & Master.} appeared for the plaintiffs, and Sir Henry Berkeley, K.C., instructed by Mr. Looker, of Mesare, Deacon, Looker and Deacon for the defendants.
The statement of claim indicated that plaintiffs ' were merchante in this Colony and the defeud. ants were the owners of the e.s. Salamanca. Their place of business was in London and nas John White was manager.
On or about 7th
at
to do so.
:
February, 1902, defendants or their agent J. K. Anderson, who Was then master of the Salamanca then in Hongkong, chartered a vsssel of the plaintiffs under a written charter party signed on 7th February, 1902, for a period of 6 months, with the option of renewal which the plaintiffs thereafter duly exercised for a period of three months at the rate of $6,500 Hongkong currency per month. payable fortnightly in advance to Mesars. Bradley and Company in Hongkong, as agents for the defendants upon the following terms and stipulations:-the steamship being firm and staunch and free from known defects and well officered FO to be maintained by her owners and placed the sule disposal of the charterers or their agents to carry cargo and passengers for lawful royages as provided, and the usual clause about exemption from the result of accident through the act of God, etc.. the steamer was to be docked and cleaned by the charterers whenever recommended by the sur- veyor's report at owner's expones, the time occupied in docking not to count under the charter, and in the event of any delay or break- down not caused by stress of weather payment of the hire was to cease until the vessel was again staunch, sound and well found as provided in the first clause of the charter. The captain was to give 24 hours' notice whenever the resel needed repairs provided it Was possible On or about the 29th April, 1902, plaintiffs entered into a charter party with the East Asiatic Trading Company, Hongkong, whereby they re-chartered the said vessel to that Company for a term of about six and a half months, the balance of the term of the plaintiff, said charter, at the enhanced rate of $7,250 per month payable every month to the plaintiffs, the charter party containing the same terms and conditions as the first. Ou or about the 1st July, 1902, the Eas Asiatic Trading Company, with the knowledge and consent of the defendants, re-chartered the vessel to the United States Govern. ment for service as a transport for troops, animals, stores, cargo etc.. it being stipulated that the said ressel should proceed at once to such ports as ordered by the proper officer of the Quarter Master General's department, the owners to keep the vessel in same condition as stipulated for in the first charter party; time lost owing to accidents not the fault of the United State, Government not to be paid for by the latter The vessel WAS accordingly handed over to the U.S. Government to be used as a transport and on or about 3rd July, 1902 owing to the negligence of the said J. K Anderson, then Master, the vessel ran ashore in fine clear weather on a reef near San Salvador Island in the Philippines, and was so damaged that she had to be towed off and docked at Cavite at the expense of her owners.
No notice of that accident reached the plaintiffs until 1st August, 1902, and the plaintiffs had in the meanwhile, in ignorance of the fact, paid to Messrs. Bradley and Company the hire for the vessel for the whole of the mouth of July. The repairs were completed by the 9th September but the defendants neglected for a number of days to discharge the Dook C mpany's men and thereby caused the U. S. Government to cancel the charter party, and in consequence of the default of the defendants the East Asiatio Trading Company, which bad as defendants rechartered the steamer at a profit, had to cancel the charter with the plaintiffs in their turn, and the plaintiffs then cancell u their charter with the defendants, the defendants
1
Tuesday, April 30th
IN CRIMINAL JURISDICTION.
BEFORE MR. A. G. WISE (Prisse Judos).
THE TOBACCO CASE. The re-trial of Charles Humphrer Kane for the larceny of Egyptian Delight Tob1000, the property of the British American Company, was resumed yesterday.
a mercbat,
David Ellis and Harry Gold-aberg gara evidence for the defence. born in San
Defendanf, ou going into the box said he waS Francisco where his father was sent him to Japan to undergo a military Having studied there his father
course. His father gave him $160 gold. That was in March, 1905. Shortly afterwards his military training and travelled. father died and he gave up his prospective In January 1996 he came to Hongkong and went to a friend of his mother's, who advised him not to carry about the $1000 which he then had in his posses- sion. He handed the money over to her and subse- quently drew several sums from her as he required them. On the death of her husband she returned the balance of $700 which he deposited in the Russo-Chinese Bank.
behalf of the defendant. He described the Mr. Calthrop then addressed the jury na
manner in which Mr. Harrison
gare his
The Attorney General having addressed the jury,
The Puise Judge summed up. He pointed out that there Way no doubt that the
evidence as unsatisfactory.
tobacco in question formed part of the ship ment per the Nubia and there could b no doubt that detendant did not see the tobacco burned as doubt that the tobacco found its way unlawfully was bis duty. There could be no into the hands of the shopkeepers in Queen's Road. The jury ought not to convict on tue un- corroborated evidence of the accomplice. 14 to the accomplice, it mould
appear that his his attitude, but bis Honour thought there was conscience had been at work and he had changed something more material to explain his conduct. Ca his own showing, defendant had been living beyond bis means, and it was for the jury to
A
decide whether that was corroboration or not,
After a short absence the jury returned rerdict of not guilty, and the defendant was discharged.
IN ORIGINAL JURISDICTION.
BEFORE THE CHIEF JUSTICE SIR FRANCIS PIGGOTT).
ALLEGED BREACH OF CHARTER. The action in which Messrs. Carlowitz & Co., merchants of 2, Connaught Road Central, Hongkong, sued the
Lombard Steamship Company, Ltd., of 23A, Great St. Helens in the City of London, for the recovery of $12,000, being damage sustained by plaintiffs by reason of the breach of charter party of the British steamship Salamanca entered into at Hongkong on 7th February, 1902 was resumed. The Hon. Mr. H. E. Pollock, K.C., instructed by Mr. R. F. C. Master of Messrs. Johnson Stokes and Master, appeare i for the plaintiffs and Sir Henry Berkeley, C., instructed by Mr. Looker, of Messrs. Descou Looker and Desoun, for the defendants.
Mr Poilock haring presented the case for the plaintiffs Sir Henry Berkeley opened the case for the defence. On behalf of the defendants it was submitted that the terms of the charter party, dated 7th Fe- bruary, 1902, were not sufficiently set out in the statement of claim, and one of the provisions of the charter party was that the penalty for non-performance thereof should be the esti mated amount of damages payable by the party delinquent to the party observant. In, and for a considerable period before the month of
287
July, 1902, a state of war existed in the Philip- pine Islands, and voyages to ports therein were not lawful voyages within the meaning of the charter party. The plaintiffs were there- fore unable, without the consent of the defend. ants. to re-charter the ship to the United States Government in the Philippine Islands for such voyages although the said employment was highly profitable. On or about the 22nd April, 1902, the defendants, at the request of the East Asiatic Trading Company, who, as the defendants understood, wers acting as agents in the matter, consented to the plaintiffs re-chartering the vessel for such voyages, in consideration of the payment, by way of increased hire, of $1,000 per month, for six months from the
The 15th May, 1902. defen ants did not at that time know of the alleged charter of the vessel by the plaintiffs to the said company, or by the said company to the said Government, and the d-fendants have never been parties to such charters, nor aware of the terms thereof. Such charters, if they were made, are irrelevant to this action, and do not affect either the rights or liabilities of the plaintiffs and defendants under the charter party. Save as aforesaid the the plaintiffs improperly refused to fulfil the charter remained in full force and effect until terms thereof.
The defendants admit that
7
the rassel was injured in the aooident mentioned, but deny that such accident was caused by any negligeac • on the part of the captain or any servant of the de fondants. The accident was cined solely by one of the accidents of navigation, which was one of the exempted perils in the charter party. The defendants do not know when notice of the accident reached plaintiff. The hire for the mouth of July, 1902, was paid to the defend- ants. The defendants have not been guilty of negligence at all. As soon as the repairs were completed and the amount payable in re- spect of same could be properly ascertained, the defendants paid the same at once, and on 20th plaintiffs' disposal, in the condition required by September, 190)2, the vessel was replaced at
the charter party, but the plaintiffs improperly refused to accept the ship or to fulfil the terms defendants damage. of the charter-party, and thereby caused the they have made default in any of the terms of Defendants deny that
the charter party, and have always been ready to carry them out, and so far as the ship' was charter, that was due to sa excepted peril. In not at plaintiffs' disposal during a period of the
ay event the defendants deny that the circum- charter-party, and therefore counter-claim from stances entitled the plaintiffs to cancel the
the plaintiffs the sum of $24,292.75, beilg the bire for the unexpired portion of the charter.
ihe hearing was adjourned.
Wednesday, 1st May.
IN ORIGINAL JURISDICTION.
BEFORE THE CHIEF JUSTICE (SIR FRANCIS PIGGOTT).
ALLEGED BREACH OF CHARTER. The action wis continued in which Məsara Carlowitz & Co., merchants of 2, Connaught Road Central, Hongkong, sued the Lombard Steamship Company, Ltd., of 234, Great St. Helens, in the City of London. for the recovery of 812.000, being damage sustained by plaintiffs by reason of the breach of charter party of the British steamship Salamanca entered into at Hongkong on 7th February, 1902. The Hon. Mr. H. E. Pollock, K.C., antructed by Mr. Bailey, of Messrs. Johnsou Stokes and Master appeared for the plaintiffs and Sir Henry. Herkeley, K.C., instructed By Mr. Looker, of Ms. Deacon Looker and Deacon, for the defendanta.
Sir Heary Berkeley continued his address fór the defence.
?
Mr. Pollock explained to his Honour that his clients had agreed to the production of certain documents because they did not wish to pat defendants to the expense of getting evidence from home.
We Are
Sir Henry That is so, my Lord. very much ob iged.
Sir Henry continued his arguments, and the case was again adjourned.