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June 10, 1907.}
it. I do not think this necessary because it is the direct result of the decree for redemption which is that the action stands dismissed if the enquiry is not conducted within the time fixed. If the action for redemption is dismissed the power of sale must revert.
IN SUMMARY JURISDICTION. BEFORE MB. A. G. WISE (PUISNE JUDGE).
SETTLED.
The action was set down in which Messrs Sennet Frères, of Queen's Road Central, sued James Roberts of Hongkong, for the recovery of the sum of $480, being the balance due by defendant to the plaintiff firm for a diamond ring sold and delivered by that firm to the defendant. Before the case was called, the solicitors concerned had a consultation after which his Honour took the case in chambers, judgment being subsequently entered for plaintiffs for half the amount, $240.
Friday, 7th June.
IN ORIGINAL JURISDICTION.
BEFORE SIR FRANCIS PIGGort (Chier JUSTICE), WITH CAPTAIN MORRISON (NAUTICAL ASSESSOR),
AN ECHO OF THE TYPHOON.
CHINA OVERLAND TRADE REPORT. for the purpose of a particular object. If this machinery had been in a house the owner would not have got rid of his obligations to keep the house in repair by reason of permitting a third party to go there and remove the machinery.
His Lorship-There are other cases where a third party assumes liability.
Mr. Blade-Is it necessary in the salving of machinery by daylight, the defendant shoul light the property by night!
His Lordship-It was said in examination that he undertook to do the lighting.
Mr. Blade-After November 15th. His Lordship-The collision occurred during the time of the salvage operations ?
Mr. Slade-Yes, but as a matter of fact nobody lighted the hulk until October 11th. His Lordship-And the collision was on the 21st P
Mr. Blade-Yes.
Sir Henry Berkeley-And they plead to lighting it by order of the Harbour Master?
Mr. SladeWe lighted it at the request of the Harbour Master.
Sir Henry Berkeley-And the legal obliga. tion follows!
way he
Mr. Slade-Oh, please, now! Proceeding, Counsel stated that at the request of Hrbour Master, from a date prior to the the 21st, Mr. Gorham did light the lamp. His Lordship would see from the evidence of Mr. ampbell of the Insurance Co. that that gentleman had done is level best to shift all Chi Wo & Co., of 29 Wing Wo Lane, ship-responsibility on to Mr. Gorham. There could! builders, claimed from the Fumigating and be no doubt of that from the Disinfecting Bureau Ld. of 3 Pedder Street, answered questions and avoided answering quas the sum of $4.023, being the amount of damages (ions. But the agreement under which Mr. sustained by the steam launch Hoi Po in conse. Gorham went on to the wreck was perfectly quence of her having, on the night of October plain. It was not alleged by Mr. Campbell that 21st, 1906, struck the hulk Stanfield in the there was any subsidiary agreement with regard harbour.
to the lighting, or with regard to anything else, that carried with it any obligation to do any thing that was not necessary in connection with the salving of machinery. one of material importance, not merely in this The point was osso but in all cases regarding owners of wrecks. It was perfectly plain that there was no liability on the owner of a wreck for lighting, after he had abandoned it.
case again
Sir Henry Berkeley, K.C., instructed by Mr. A. Jackson (of Messrs. Johnson, Stokes and Master) appeared for the plaintiffs, and Mr. M. W. Slade, instructed by Mr. F. F. Hett (of Messrs. Bratton and Hett) for the defen- dants,
Evidence was called, and the adjourned.
CAUTION TO THE CHARITABLE.
The case for the plaintiffs having closed, Mr. Slade opened the defence. He submitted firstly, that the plaintiffs had not made out a case, and secondly, that this being an action at common law, the case must be dismissed with out calling on the defendants to give any evidence by reason of contributary negligence. On the first point he submitted that in law it was perfectly clear Mr. Gorham was not the owner and had not the responsibility of owner. It was admitted that he had claimed for total A very glaring case of misplaced charity has loss, and had been paid for total loss on the been before the shipping community for some hall. The effect of that was to divest him of all few weeks in Hongkong. A woman of matronly interest and all responsibility for the ball. The appearance, who looks about forty years of age, machinery in this case was not portion of the has been in the habit of going on board ships hall or the ship in any sense of the word. It that enter the port and presenting a written was disinfecting machinery, therefore was just appeal, backed up by a most plausible story, for in the same position as goods on board. Having money to enable her to secure her passage to entirely abandoned all his rights in the vessel to Sydney, where she has friends who will assist the Insurance Co, Mr. Gorham was not the owner her. She explains her helplessness bere by the and had none of the liabilities of owner. Mr. Slade fact that she has now references but hopes to quoted authorities for his contention, and submit- obtain suitable employment in Australia, adding ted that it was plain law the defendant had no
of course that she will be very grateful for any obligations with regard to the lighting of the help received. She has pitohed this tale very vessel. When defendant abandoned the hull he successfully on quite a number of vessels and made arrangements with the Insurance Co. has moved the hearts of many to make very to accept $6,000 out of $10,000 (which he could substantial contributions to what they believed have insisted on baving) and the machinery. was her passage money. Only a few days ago The Company therefore gave up their salvage & gentleman gave her £5 which, needless to say, on the machinery to the original owner. They went the way of the rest. Her deceit first came had to make arrangements with Mr. Gorham to to light when she went to Canton several weeks enable him to go on their property in order to ago and presented a written appeal, signing take his machinery; and that was what was herself Mrs. H. Stanley. The British Consul done. The terms of the letter (put in) would there wrote on the subscription list that this have been no different had the ship been appeared to be a deserving case, and with this floating. The owners permitted Mr. Gorham recommendation she went round the commercial to go on board their property to get out the houses on the Shameen and in a short time had machinery which he had
bought from collected about $240, more than the $225 which them, and agreed not to dispose of the hull to she stated was auff dent to pay her passage to any other person until he had removed the Sydney. However, on the way down to Hong machinery.
kong she spent a large part of this ou champagne and became so helplessly intoxicated that she lost her subscription list.
AN ENGINEER'S DEATH,
381
ducted on the 3rd June at the Magistracy Mr. F. A. Haseland, sitting as cɔroner, con- an inquiry concerning the death of Sapper May 26th succumbed to injar es received by J. C. Kelly, of the Royal Engineers, who on
racks. The jury consisted of Messrs, W. H. falling from a scaffolding at Wellington Bar- Purcell, B. Aitken, and L. N. Alvares.
26th Sapper Kelly was brought to the hospital Lieut. Fraser, B.A M.C., et sted that on May
in an unconscious condition, with large bruises were slight abrasions on both shins, as well as on the back and right side below the ribs. There
over the toes on both feet. He was bresthing rapidly. Witness wis able to feel two fractures of the skull. Death was due to multiple injuries.
|
Corporal Mounce, R.E, said that he was roll at 1 p.m. on May 26th. Sipper Kelly orderly corporal and remembered oslling the
answered to his name. He was then sitting on his bed and appeared to be all right. Lights were turned out at 19.15 and deceased should have been in bed then. At 11.15 witness, while heard a crash in the dir-otion of the bamboo standing on the verandah of the first floor,
body struck the scaffolding three times before scaffolding and saw something heavy fall. The reaching the ground, Witness at once went to
see what had happened and saw the body of a man lying under the verandah. With two companions he hurried below and found Sapper Kelly lying on his back unconscious. He bad hospital. the body at once removed to the military
seen deceased in the canteen on the night in Lance Corporal Pascoe, R. E., spoke to having question. He had had several drinks. At the north side of the barracks there is a bamboo ladder, up which he had seen Sapper Kelly climb about a week before his death. He cautioned him about it, telling him that it was the ladder a day or two afterwards. not safe, but in spite of that he saw Kally on
Coy. Sergt. Major Vigar said the decessed arrived in the Colony in December, 905. He was very obedient but gave way to drink to some extent, being very easily led.
His Worship remarked that no one saw him fall, but it was obvious what had happened.
The jury returned a verdict of death from misadventure.
"IS HE A CHINAMAN, OE-?"
HONGKONG PLOWDENISMS. Following the line correspondent on May 31st who referred to the suggested by our question asked by the Chairman of the Com- mission as to whether a man possessing the name of Ng San Kwong was a Chinaman
46 or a Portuguese, " the Puiane Judge beosme facetious yesterday in the Supreme Court when the name of Sum Jea was called, "It looks like Some Jam, he said. ask questions like the Commissioners, andi quire “I suppose I must
what his nationality is When the eatered the box his Honour told the interpretar to ask "What nationality is he? Is he a Straits Chinaman?" "No," was the answer.
"1
Not long afterwards another Chinaman was in the witness box who gave the name of Britannia Wong. No questions were asked him as to his nationality.
TO CHECK
64
DUMPING."
One of our readers, who has ignored the rule requiring all letters to be authenticated sends us a letter with suggestions to chook “dumping”.
He proposes that a heavy penalty should follow all convictions of persons responsible, and that to secure convictions a reward of says five dollars be offered for denuociations of " dampers. If photographs of all dumped bodies were taken and exposed, he thinks that His Lordship Didn't they lend him the hull ?
the suppression of the prastion would be farther Mr. Blade They allowed him to go upou it.
assured. He says:
"If one almits that, »van It is their property. He does not need to go on
It is well known that her passage money has in a crowded Chinese house, a man cannot the hulk at night. He works there in the day been collected about eight or nine times over, disappear without someone noticing his abe «nce, time. You must look at this strictly on the and she is still here telling the same plausible and that the latter, by referring to the published ights and obligations of the parties. They story to passengers and officers on board Euro-photographs, could see if the missing person, owner does not cease to be responsible for the pean and American vessels. Those who are had been dumped, it would be surprising if the maintenance of his property because he gives disposed to be charitable should take warning reward did not elicit the required infor- permission to a third party to go upon it and treat such a case as it deserves.
mation.”