$82
RESTRICTING PUBLIC WORKS.
(Daily Press, November 30th.) So near the close of the year 1907, inuch of the information in the report of the Director of Public Works for 1906, laid before the Legislative Council on Thursday, must necessarily seem stale. Much of it, however, belated as it is, is " news "for the simple reason that it has hitherto been locked up in official archives. Its most conspicuous feature is the stress it lays upon the "hard- up-ness " of the Government, which has bad to put the brake on public works for reasons of
the finances of the economy, Colony having reached a stage at which, as our readers already know, the alternatives are increased taxation, a public loan, or restriction of public works. On the item of personal emoluments and other charges, $283,022 were voted, and only $203,068 | spent. This saving was, so to speak, acci- dental, the Government profiting by the rise
in exchange. The estimates were prepared on the basis of a one-and-eightpeuny dollar, and the average actual rate at which salaries were paid was 28. 14. When the next report shall appear, it will be seen that this saving is considerably reduced, in 1907, owing to Sir MATTHEW NATHAN's repre- Bentations with regard to the officials' title to compensation. On annually recurrent
• works there was also a saving, 8412,250 being voted, and only $379,797 expended. This was effected in spite of the fact that the estimates were exceeded in the case of
Kowloon works, gas lighting of rods there, and the waterworks. For public works extraordinary, $1,889,524 were voted, and $1.463,868 spent.
it was intended to construct the first section of a new prison to be situated at the base of the southern slopes of the Kowloon rangs of hills. A survey and some plans were made, and then orders were given to postpone the work. No expenditure was incurred, thereby releasing a sum of $12,000. With the new Law Courts still under con-
struction, much better progress was made
than in 1905, but even then not so much as was anticipated by the vote.
THE HONGKONG WEEKLY PRESS AND
The typhoon retarded the work considerably. On an average, 167 masons were at work on the building every day. The new post office being more directly under easy observation of the public, had sometimes given rise to the criticism that it was getting on too slow-
T
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44
In addition to the foregoing, a considerable heading "New Roads in New Territories," excess expenditure was incurred under the which vote was largely applied to the construo |tion of the railway between Tai Po and Lo Fu Ferry, the intention being to utilize the route as a road until it became necessary to lay the rails for the railway, but, as a sum of $12,102.06 was refunded from the Railway Loan Acount, the amount appearing as Public Works Ex. penditure was correspondingly reduced.
Two sums of $5,200 and $2 5 10 respectively were con- tributed by the Military Authorities towards the extension of the Kowloon City Road in the direction of Customs Pass and the improvement of the road to Kowloon Pass and these amounts also do not appear as Public Works Expendi- ture.
Really, in the aggregate, the votes did not exceed the actual expenditure by so much as two per cent. of the total, but comparing the two years, the Colony spent $331,805 less in 1906 than it did in 1905, the respective totals being $2,046,734 and $2,378,540. That was chiefly a reduction of Public Works Extraordinary.
"
"+is
H.
[December 9, 1907.
"Harbour Office (817,142.60), “Western | 1907) the term "perils of the seas Merket" ($12.299 93), Post Office Shanghai" defined as referring only to fortuitous ($15,381.35), "Railway to Caoton, Survey and accidents or casualties of the sens. It does Preliminary Work" ($31,207.84), Forming
not include even the ordinary action of the and Kerbing Streets" (839.205.36), Tytam wind and waves. The peril has tɔ be some- Tak Scheme" (89.972.18), Gunpowder Depôt, Green Island" (814,652,93), "Typhon Dam- thing unexpected. But that, says your lay
critic, is still in favour of the assurer. ($68,949.51). ages
would not expect the captain to risk his ship
about the phras by careless stowage of cargo. Besides, what all other prils "? Doesn't that pin the underwriters down to their liability? Answers the professional : Not so. The term "all other perils" does not mean what to you it seems to say. In law it includes only perila similar in kind to the perils specifically mentioned in the policy.
"Maritime perils,” according to the Marine Insurance Act 1906 [6 Elw. 7. Ch. 41] means something different again. It means the perils cousequent on, or inci- dental to, the navigation of the sea, that is to say, perils of the seas, fire, war perils. pirates, rovers, thieves, captures, seizures, restraints, and detainments of princes and peoples, jettisons, barratry, and any other perils, either of the like kind or which may be desiguated by the policy. Careless stowage does not amount to barrairy, and it cannot come under the heading of knowledge which the assured could have and conceal from the assurer. Whether it affects the implied warranty that the vessel shall be seaworthy is a question the lay mind should be shy to answer, though it would seem not. The assured makes no warranty to the under- writers that the master and crew shall do their duty during the voyage, and their negligence or misconduct is no defence to an action on the policy, so that the Japanese decision against the China Traders' In- seems to have squared also with the English law as epitomized by DUCKWORTH. "This principle," accord- ing to PARKE, B. in DIXON V. SADLER, 5 M. & W. 414, "prevent many nice and difficult inquiries, and causes a more complete indemnity to the assure 1, which is the object of the contract of insurance," as the layman naturally assumes, the object of the assurer being to get the premium, if possible, for nothing. Each side trying to protect itself in every possible way has been equally responsible, no doubt, for the verbose and complicated form of the policy, the "true performinces of the premises in which could in all probability be secured with a much shorter and simpler form than that commonly used. The effectively adopted, will not be the work of laymen; reformed form, however, it it is ever and perhaps it would be unreasonable to expect the profession to draft a form affording fewer opportunities for expert definitions.
[3
MARINE INSURANCE.
I
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(Daily Press, December 2nd). Marine insurance might be simplified. The case referred to in another column, giving a Japanese judgment bearing on the "perils of the seas," may not particularly interest other than those who do shipping business in
Eurance Co. Ltd. Under this vote, Japanese ports; but it serves to call atten- tion to the knotty legal problems buried in even the simplest contract with under- writers. The lay mind naturally wonders why a contract of marine insurance cannot be drawn up in such form as to prevent these expensive "sue and labour" wrangles, In consideration of a premium of so-much we the assurers undertake to pay the assured so-much, if the goods catalogued in the margin are not delivered to the satis faction of the assured or of an umpire." Something short and easy like that is the natural lay solution of a problem that has puzzled lawyers, judges, and business men of years, for marine in- for hundred surance is
most perhaps the
ancient of all. It has been traced back cer believed to date earlier even than that. The tainly to the thirteenth century, and is
lay mind, as usual when it meddles with law, is apt to overlook many things, particularly that there are two parties to the transaction, both of whose interests need to be guarded. perils of the Looking only at the wording, seas," the lay mind is apt to feel con-
MOVING EVENTS. temptuous of the judicial mind which can
(Daily Press, December 3rd.) feel doubts as to what is covered by such a phrase. Taking a wellknown common Thinking and speaking fancifully, turning form of a marine insurance policy, for expression instinctively to tropes, min he reads that the risk taken by the is accustomed to speak of Nature as a underwriters includes the adventures and callous or even ruthless entity. Adhering perils of the seas, "an of all other to the simile, there is one phenomenon st perils, losses, and misfortunes that have least which may be said to entitle Nature the hurt, detriment, to some credit for mercy. This is that or shill come or damage of the said goods and mer. limitation of the mind by which man is chandise.." What can it matter after that, usually prevented from at once realizing the lay min argues, whether the cargo the full nature and extent of things that was properly stowed or not? Surely the happed to him. We speak of events that stun, but that is when realization is over- underwriters ought to pay up on such a cmprehensive clause, obviously intended to coming the mercifully dulled perceptivedens. cover almost everything that could happen ? Without leaning unduly to pessimism, it may be admitted that a very large pro- portion of earthly happenings are stunning, and if ali were to "come home" promptly, the joy of life would scarcely be realizable asset, When, for example, there
ly. The Director of Public Works reports that even in 1906 substantial progress was made, and in the current year it has certainly advanced more visibly. The repairs and extensions to the Post Office at Shanghai, completed during the year unler review, cost $25,381. The new quarters for officers at Taipo, including a stable with loose-box, two stalls, barness room and coach house, could not be left over this year
when the Government and its critics
were talking so much about necessary economy. It appears the work was com pleted as long ago as March (1906?) and
savings cost $31,552. What are calle." in this report are not really all that the word might seem to imply. It is explained that some of them merely mean that stores ordered from the Crown Agents did not arrive in time to be charged against the
votes.
As there are always delays from that quarter, we may count on annual savings, which will not, however, much assist the
Colony's decision to economise till better
times.
The principal items on which expenditure occurred in excess of the provision made in the Estimates or for which no provision had been made were :--
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That is just where the lay mind falls short of the glory of the professional. In the rules quoted in. Mr. LAWRENCE DUCKWORTH's Epitome of the Law affecting Marine Insurance" (London: EFFINGHAM WILSON
to us