214
contractor ith the increased cest with which the defendant Company has saddled by the now contract which they say they were obliged to enter into in cousequeues of the plaintiff's failure to perform the old contract.. But paragraph 11 of the Statement of Defence refers to two independent acts of allegod negli. gence which are not linked.
THE HONGKONG WEEKLY PRESS AND
The first is the negligence referred to in para- graph, that he had deliberatoly neglected to put sufficient mon on the work so as to continue the same with reasonable expedition, “after duo! warning from Mr. Thomas that the ejectment would be the rosult of that negligence." It does not follow that because the ejectment was bad that therefore there was no negligenc» s specified if that is proved. Tho assessor is of opinion, and I am satisfiel. that there wors not sufficient meu ou the work as alleged. There was an abundant excuse in the catastrophes, and the arbitrary insistence by the Engineer and Mr. Thomas on rights which they did not possess.
The damages would therefore ha nominal. Then paragraph 11 of the Defence goes on to set up another case of negligence, not referred to in paragraph 3, not repairing the damage | caused by the typhoon. But this I hare found not to have been the contractor's duty and therefore there was no negligence. And in view of what Lord Cairus said in Thorno's case, as to the possible alternatives which the con- tractor might have adopted, one of which was to decline to go on with this part of the work, I am not prepared to hold that the contractor was bound to go on with the work and claim on a quantum meruil afterwards. This ground of negligence therefore fails. No claini is made in respect of the nou-repair of the sea-wall.
I award the nominal damages of $10 to the defendant on the counterclaim, but in view of the circumstances, specially the insistence on unwarranted claims, without costs. Deducting this amount, Judgment will therefore be for the plaintiff for &51,027,42, with all costs, other than the defendants of the unter, claimiuclnd- ing those which have been reserved in the inter- locutory proceedings. This amount includes $200 for return of security money, and Sque for agreed interest.
IN SUMMARY JURISDICTION.
HONGKONG REGATTA
(March 30, 1908.
wero Thistle, Nelis, Vital Spark, Dusy and Muta. The Feilung belonged to Messrs. Ullerup and Schluter, Hongkong.
Soldiers Club Challenge Cup, open to Europ- The regalla promoted at the suggestion of His Excellency thes Governor and carried an garrison by regiments or corps, rowed in six par gigs. --1, 87th Co. R.G. V.; 2, 87th Co. through by joint committees drawn from the
R.G.A. The Royal Engineers boat came in I.H.K.Y.C, the V.It.C., and the CYV, tok j place al Causeway Bay on March 28th. first but was disqualified for taking in water.
The Nathan Challonge Cup. For four cars, The weather was favourable, and the attendance i was large, H.E. the Governor and Lady Lugard ! Limited 11 residants of Hongkong, each ortw being prisout during the greater part of the i to be drawn from a sing e uuit, which is defined as a Regiment, a Ship, a Corps. the Volunteers, afternoon. The sport was good, but the events
a Firm, or any other body of gentlemon work- dragged somewhat and the selections by the baud of the Cameron Highlanders and the stir. |ing together at the same profession or calling. If any of the above units are not strong ring strains of the pipe band were exceedingly welcome in beguiling the tedium of the after-enough to provide a complete oraw, then any combination of two similar units may be made. noou. The officials were:
A Club is not included in the definition of a Patrons: II. E. The Governor, Sir Frederick Lugard, K.C.M.G., etc., II. E. Vice-Admiral Sir unit.—1,' Civil_Sorvico (II. I. Garrott, W. B. Hedworth: Lambton, K.C.B, etc., II, E. Major | Stantin, E. W. Carpenter, F. A. Biden, aud A. J. Darby); 2, H. M. S. King Alfred (DA General R. G. Broadwood, C.B.
Stewards. Sir Honry Berkeley, K.C., Hon. | I. Tweedie, Mr. Morrish, Eng. Lt Edwards. Sir. C. P. Chater; c.wo, Col. C. II. Darling. | Eng. Lt. Maitors, and Mid. Francis). Hon. Mr W. Roes Davies, Mr A. Denison third competitor was the R. E. Timo 7m. 4. Men of war calfers I, H. M. S. Kent; 2, Major G, M. Evans., Mr II. E. R. Hunter, Col
H. M. S. King Alfred. Nine service boats II. E, Kent. Capt. P. W. Lyons, Hon. Mr F. H.
entered. The No. 3 crew of the Kont finished May, C.M..., Hou, Mr H. E. Pollock, K.C., L'.
first but was disqualified. Col. M. S. Risch, Mr II. Scott, Major E. W. R. Stephenson, Commodore R. Stoke, Hou. Capt. Basil Taylor, and Mr A. urner.
¦
|
The
Open pairs, as for H. K. Challenge Cup-1, Canton R. C. (F. C. Herb, W. Imhoof, and E. Schroeder); 2. V. R, C. (J. D. Niven, LA. Musso, and F. Crawford). Canton won easily. The R. II. K.Y.C. did no' perform up to ex-
Committee of Management. Hon. Mr. {I. Keswick, Chairman; Messrs. C. E. HI, Davis. C. McI. Mosser, judgos; Messrs C. H. Grace. W. II. Potts, umpires; Lieut. C. Bockwith,pectations. Time 8m 254, R.N.. M-gers. F. Lammert, E. M. Hazelaud, aul A. Rodgur.
Major A. Chapman, hou. treasurer.
Lieut Col. II. Broke, hon. secretary. For Yachting Events, Messrs A. Douisou and L. Guy.
For Naval Events, Lieut II. J. Twordie, R.N., Lieut. Com. G. C Dickens. R.N.
The course for light hats was inside Kell-t Islaud, from th rock at the foot of Hard Street in Praya East to a line off Mosers. G. Fouwick & Co's reclination at Bay View, and marked on th aids by sompins. The cours“ for naval hats was outside Klet Island from a marked live near the Red Hami buoy to the end of the Dutch Langkat C's oil pier. The results were :
i
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Officers' gigs and whalers, open to officera of the flot-1, I. M. s. King Alfred (midship- mon); ', II. M. S. King Alfred (ward room). The Kent boat was third.
Junior fours. 1, C.Y.C. (J. Forbes, C. J. Cooke, D. Moran, G. Macfarlane, and R. C. Witchell); 2 V.R.C. (J. Cruickshank, R. L, Bridger. T. H. Brayfield, II. Rapp, and A. Cox). The R.H.K.Y.C, was again out of it Time 7m. 163.
Torpedo boat destroyers whalers. 1, II.M.S. H.M.S. Janus; 3. H.M.S. Virago Hart. A very exciting race, the three boas mentioned keeping together all the way, only separating a little near the winning post. ILMS. Whiting was a good way behind.
The Hon. Mr. Keswick asked Lady Lugard to Junior pairs, open to all not competing in
presout the prizes, and after Hor Excellency had dono se, Lieut. Colonel Broke prosented her opu pairs or Hongkong Challenge Cup−1,
Throe with a handsome bouquet of flowers. Barris, J. A. S. Alres, C. M. S. Alvos); 2, V.R.C. J. Cruickshank, hearty cheers, followed by the usual tiger was H. Rapp, F. Craw fully. Four
boats given for Lady Laugard and with this the entered. The CY.C. at the last decided ; proceedings terminated.
BEFORE MR. H. H. J. GoMPERTZ (ACTING | V.R C. (A. V.
PUISNE JUDGE).
A CARELESS WISHERMAN.
Thomas Petrie sued Sai Yik, a washerman, for $15 for damage done to two blouses. Mr. S.
to put in only on Crew
but though their beat
tho stowards ruled against
instead of two,
homo first Both first
Dixon, from the office of Mr. R. Harding and s-cond places wore secured by the V.R.C.. appeared for plaintiff.
Mr. Petrie s'ated that the blouses were seut to defendant's place on the 19th January to lis washed. They wore new blous s, having just been bought, but when they were returned one was split across the back and the other was mutilated. When the matter was brought to the notice of defendant he offered $2 which was refused and when he was asked to see plaintiff to discuss the matter be ignored the message.
Defendant pleaded that he did not know iù what condition ho received the articles,
Judgment was given for plaintiff for 215 and costs,
APPOINTMENTS.
The following appointments are notified 10 the Gazette:
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there being a good struggle between the two. The Telegraph men finished last. Time Su 375
Naval gigs and whalers 1, King Alfred, 2, Alacrity, 3, Kent. Ton service boat participat¡ ed, but the winning crew had little to foar from the others.
amite ir KDV
rowing club
The Hongkong Challenge Cup, apeu to er wat i representing
1. Panton R., ., V.R C. Canton won by about four lengths. The Rilk. Y strugged hard for second placs bat could not get past their leal rivals. Inne Tm S The winning team R. Johnson, W. Cabaunas, F' C was as follows Heth, W. Tuile ot, and E. Schroder,
il wi Vernou
His Excellency the Governor has been pleased: to appoint Lieut-Colonel Dumbleton, R.E, to represent the Royal Hongkong Golf Culb ou the Wong Noi Cheong and Queen's Recreation Grounds Committee ricc Mr. D. B. Murray
His Excellency the Governor has been pleased. Spray Mr Parman to re-appoint provisionally and subpet to His Majesty's pleasure, the Honourable Dr. He Kai, M.B., C.M., C.M.Q., to be an uu official member of the Legislative Council for a further period of six years with effect from this date,
Yacht Rice. A. For all yachts below 24 fot rating by any ruls of the Y. R. A. stuen E** except the Corinthiau Yacht Club one design boats. Course-From a line between a flagstaff His Excellency the Governor has been in the enclosure and a ligboat moored to the pleased to appoint, under Section 2 of Ordin- North of it, round the Lyemuu acou (port), auce No. 5 of 19., His Honour Mr. Justice | Kowloon Rock (portį markboat on starting hus Gompertz to be Chairman of the Squitter ¦ port, and Chanu-l Rocks (starb and
-1, Kathleen R.EY CA Board during the absence ou leave of His Honour Mr. Justice Wis:, or until further A Denison, 4, Colleen - Hou Mr Pollock
Yacht Rice, B. For que desigu bats of the notice.
Course From the Corinthiau Yacht Club line as before round the Chaun Reke quiet, Rock port, mark at ou staring ! Kowloon
line port, and Channel locks Marboard, win, miles 1. Asthore Messes Rodger & Witchell
The other starters
|
Mr
were tiael. Toinette, Joas, Ariel, Thecla, Mela. Fas, and Doris
Motor beat race handicap. Course wight mile with seven complete turas 1. Filuu, 2, Bridgeport, 3, Kelvin. The other competitors
!
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i
CHARTERED BANK
DIVIDEND.
Mr. W. Gibson, local manager of the Chartered Bank of India, Australia and (‘hina,
March
thu 24th received
following
telegram from the Hoad (flen
A1 the approaching mooting of shareholders the Directors will recommend a dividend for the past half year at 1 per cent. per aouam, from of income tax; That £25;mmo be written off Hauk Promises Account, that £59,000 be placed to serve (which will then stand at €1,726,500 that CI29, AT 9 be carried forward as undivided profit, aud that a bonus uf der per cent. Jas paid to the staff of the Bank "
DEPARTURE OF ADMIRAL MOORE,
ܼܝ
..
The booming of big gans from the war ships in the harbour on March 1st, just before one 'o'clock, announced the departure of Admiral Sir Arthur Moore. Shortly after 12 o'clock he left this
boarded the "Alacrity and PAO
Marmora,” and as the steamer ru wef from her moorings the cruisers fired
Admiral Moore is accom a parting salute. panied home by Flag-Commander A. V. Vyryan, Flag Lieutenant W. L. Nicbolson, Charles Row. Admiral's Secretary: Win. D T. Morrish, J. C. Hardman, Lewis A. da C. Rioui Jorks to Secretary), Captain Cecil F. Thursby, Commander E. la T. 1, atham, Captain Charlos L. Vaughan-Lee, Surgeon Peroy M. Kirsz and Fleet Surgeon J. Chambers. Vice Admiral Sir Hedworth Lambton houted his fling on the on Saturday morning and was King Alfred accorded the usual salute.
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