HONGKONG AND SHANGHAI BANKING CORPORATION.

The eighty-third report of the court of directors to the ordinary half yearly general meeting of shareholders to be held at the City | Hall, Hongkong, on Saturday, February 16tli, at noon, reals:-

To the Proprietors of the Hongkong and Shanghai Basking Corporation - Goatlemen, The directors have now to submit to yon a

THE HONGKONG DAILY PRESS, WEDNESDAY, FEBRUARY 6rя, 1907.

HONGKONG, CANTON AND MACAO

STEAMBOAT CO., LD.

The report of the board of dirvolors to the ordinary half-yearly menting of shareholders to be held at the offes: of the corpany on Thom. day, February 12th, at 12 o'clock acon, reada

SUPREME COURT.

Tuesday, February 5th.

IN ORIGINAL JURISDICTION.

BATORE SIE FRANCIS PRODOTT (CHIEF JUSTICE).

Transhipment has also a definite messing: it refers to goods put from one ship on to an other in the conrus of a voyage, generally at in intermediate part. This term is however not used in this document,

but

reshipment;" and Was contended

that it must have a wider messing than "ro-exporting," for otherwise it would be preotiaally identical with it. I this, however, that it is used to cover

where, as in Hongkong, there

general statement of the affairs of the bank, and ↑ premia of insurance, repair,ward from inst carrying on business at 927 Des Four Road intendod; delivery of the goody

balazco- shoat for the half-year ending 31st Deosmber, 1906

be

The directors recommend the transfer of *$750,000 from the profit and les account to credit of the silver reserve fund, which fund will

i stand at $11,560,00). After making this transfer and denoting mmuners!ion to directors there remains for appropriation $30

$3,665,102.68, ant of which the shracters rescotad the

the payment of a dividend of one poard and fifteen shillings starting per share

which at

at 46 will absorb (122,2002 and bonus of

of one pound sterling per sher, which al 4/6 will absorb 3355,655,55.

|

the

the

E

the

+xcept

mean.

PHOTO ALBUMS!

PHOTO ALBUMS!!

PHOTO ALBU:M:S!!!!

LONG. HING & CO..

No. 17, QUEEN'S ROAD.

SIMPSON'S WHISKY,

135

OF UNBIYALLED QUALITY, PURITY AND AGE AS USED IN THE HOUSE OF LORDS, AND THE ROYAL HOUSEHOLD.

The diference in exchange be woes 4,6, the steamer pairs by typhoon damage and fulfilled his contract of

The directors beg to submit to the share- holders the report and statement of secounts for the half your ending alet December last.

MAN SHUN WOR, I. 9, N. CO. After

running expenBOR, Balorios, Judgment was delivered by his Lordship in technically speaking no re-export, as there are balance of $15,00 the action by the Man Bhan Wo, merchants no customs premises. Bat the same idea is pocial repair avecunt brought

is not takoo half your end all other outgoings, thero West, against Messrs. Jardino,

Matheson and but ther The net for that period, including including carried forward $1,712,422,57, balance brought forward from from last account, the ban of $100 F70.56 id Steam Natig local Jota being lo del en to meto see penda

of the British India they are put on or into Godown Company's

wharf, lighters, or warehouses, pandiap

panding their A through last account, stier paying all obargos, deduct-credit of profit and loss account. From this of $1,863, said to have been lost on & curtain ill of lading is of course the commonest ease in ing Interest paid and due, and making provision amount the directors regon

recommend that a dividend shipment of birds nesta, Менмін. N W

which there in re-export or re-abipant in this for bad and doubtful accounts, amount to of one dollar per share, or $84,001, be paid to Blade and II. G. Calthrop (instructed by limited ease. But I do

I do not think that such 84,433,102.58.

sharohelders, Ihaving a balance of 820,170,08 | G. K. Hall Bration of Afears, Bruton and bill of lading is essential to bring the ones to be carried forward to saw account.

Heit) opremated the plaintifs; and the Hou

within

vion. exception; дот VAR that The disastrons typhoons of September caused Mr. II. E. Palunk, K.C., (instructed by Mr.

here need be a

continuons royage; for the stranding of five steamors of the Company's | G.

of Живин Hastings and there is a well known course of business Beat, with paralyzing offrats to the service, aut

appeared for defendants.

where goods are consigned to a firm at 620 which were fortierafcentuated by the burning The Chief Justice said: I may state the facts port, and by them consigned to another firm of the Chios Navigation Co., Ltd, steamer of buis case as the plaintiff puts them very at anot

at another porti

this without taking any. Hanko, the 13th October.

shortly. He or his agent shipped on board the thing more than technical delivery. Where thera The finacial loss to the Comprey than book defensante viral some cases of white birth an import duties it is obvious that such

goods very hansy although 70 cout of

he received some cases peauats. He will be through the customs vature of the vessels were covered by insurance, therefore alleges that the defendant has not by

not by special I arrangement. In

In such cleenmatouc The cost of all otherwise,

cont of salvage of the larpresed in the bill it is the term " re-export" has a very definite

and seeks to ing; and so also, the customs being von

on existent. Las been defiayed out of recover the value of his birds' nests. The care has re-shipment. It is of course impossibis. the

the balf your, except the con of

manifestly

great publia importance. On to give an exhaustive list of all the vasen which to Herngaletre which only bring com the baro statement of it, it much

resembles the

would cemo within

within the definition which I have pisted at end of Jannars will be chargeable to too ocamon occurrence, to which all of ne

attempted to

to give: I can only say broadly that the first balf year of 1907.

b6A11 sappost have

subject, of

circumstances which Immediately following the 18th September shipped and on arrival du the other hand it is easy to say what fails

Bre analogous illustrations I have given would come within it. there was a shortage of lounge on the river, certain number of bottles

s of water, the case being laid of it. After careful consideration var directors but since then the competition has been as rifa in fact delivered as shipped in "good order and

Wisern netual delivery has been have decided that it is desirable favor, and Chiness freights bara ruled very condition," showing no external marks of taken then the continuity of the

of the voyage has been crease the capital of the Bank from $19,000,000 low.

This cast however presents this broken, and damage.

thera

36) fresh to $15,000,000.

tion Co., Ltd., expired at the end of last year external signs of not being in good and, while renewing it your directors entered rder and condition the claim

is however not mony, if the eireum-faners seem to him to inte as agreement with that company to diepog

for damaged es, but for non-delivery of

goods,

it, inais! on

on making

the shipper them on the basis of a total valuation of £15,000 This affacta

it result from may accept or rejet it as he plentes. But this proof, as which cens into effect on the 1st December the two conditions contained in the bill of laf referred to in one of the illustratione just new contract differs essentially from the e This sale leaves a small profit to us on

book

ing shipped in good order and condition," and from, becanau three the fat that the goods will as in the accounts. It was weight, contents and valze unknown. calue, as you

thst

are re-shipped cargo is known to both purtire, should

rale at which the dividend and bonas aro de clared, and the rate of the day, amounts to 8068,766.01:

The usuce $1,721,558,99 to be carried to new rohit and loss account.

NOW CAFITA J..

A circular will be issued to shareholders orily, and later as extraordinary meeting of shareholders

will be called to obtain your sane- tion to the subems being carried out, when pour directore will recommend the creation of 4009

holders at the price of £30 each payable at current rate of exchange, in the proportion of one new share to two old abares,

nos shares of $1 each, lym issed to share.

DIRECTORY.

Mr. G. H. Midhurst has been elected Chairman for the year 1907 and the Honour ablu Mr. W. J. ressons, Deputy Choirno.

Mr. H. A. W. Slade haring reigned his seat on leaving the Colony, Mr. G. "Balloch hes boon invited to fill thò vacancy: the ap. pointment requirog confirmation rpeting.

|

the

a esse of wine

aby

be

to the

01

PER CASE

$16.00

10% DISCOUNT ALLOWED UNTIL FURTHER NOTICE.

SOLE AGENTS;

H.

TELEPHONE No. 133,

PRICE & CO..

WINE AND SPIRIT MERCHANTS,

The Pool Agreement with the China Naviga peculiar feature, that the cases when landed which the goods are placed. Tho shipowner anknown" in the bill of latíng, but also that!

did contract eatored into with Ubio BOW

for

NO!

far

12 QUEEN'S ROAD CENTRAL.

THE

of our thx share in the steamer Fadebut to goods as shipped, and the questien is texception part of the contract, shipment Fer so far as the report of the judgments FL ROBINSON

onus

The

the master bad protest d from inadequacy of freight, lese diots would give no trouble. these words were not referred to, and the thes opinions above quoted would have been no more than a statement of the law as to the effect of

the thing Navigation Co., LM, 1 point thus raised does not seem to have been the new contract is entered into on that Freight", and the question of the effect of the bill aleo rebase from néha share in the expressly decided

of

or

กษ

bill of ladinge Lot containing them. The action WAS DU a charterparty is respect of dead of lading was obviously routerial. But assuming these opinions to be the law even with these werds in the bill of lading. I think I am

PIANO

CO., LTD.

and TALKING

justified in construing them

them strictly, and shaving reference only toquantity, or weight: may be that the possibility of the statement in his respect may lie at the root mester being able to verify the shippers

of the metter. Baron Martin in Jessel v. master

thier be lu years bes now been signed for the condition or contents of re-shipped or delivery taken at Singapore that the Bath Inid stress on the fact that the

Mr. A. Haupi, Mr. R. hewan and Nr. A. J. Raymond retire in rotation, but being eligible for re otection, offer themselves accordingly,

AUDITORS.

The accounts have been audited by Mr.

In order to replace the stearaer Heangales the Macan line, recognizing, the neces

e, and

It innecessary to go a little further into the questing thus rcass in order to decide the

raiser. The plaintife had ordered air cases of birds' Terrelets raw firm in Halavia. They were

bill of lading the

W. Hution Potls and Mr. A. G. Wood, who i vity of two toner RCR more economical shipped by the .. Yan Rebeck, not on a bears to a cortait erlent rome logy to the goods a ust be shipped on

offer themsolres for re-election..

A. HAUPT, Chairman,

ABSTRACT OF ASSETS AND LIABILITIES. - HONGKONG AND SHANGHAI BANKING CORPORATION-

31st Decarber, 1905. LIABILITIE

Anidagi ospital Earling reserve faul,

Slver reserve fon ....... Marine inandɔ account Mitos in cirealation →→→

Authorised lastes agnitat, securities deposited with the Crown Agenita for the selonies Additional iseng author- imed by Hongkong Or- dinanca No. 19 of 190, against coin fodeal with

the Hongkong Govern- mont

Cerent acerata,

$

10,000,000,30

£,075,125.00

Hilver 08,932,575.80 GAL, 44,25,681462d -- 36, 099,196.65

Fixed deperit,

Silver

$

10,000,000.00 10,986,000,00 £4,250,CIÓN), 00 250,000.00

16,075,825.60

-105, 021.972,582

Gold, 25,12,103.41,858,630.12

... 34,157,000.8 Bill pays including drafts on London Bank ers

Call Loon and Short Sight Drawings on Len don Offer against hills roreiralle and, bullion ship- menta).....

11,264,966.22 ...... 4.833,302,595 Pretti a accismit

"Taubility on bis of exchange rediscoupled, £6,102,565 S. 19d, of which £4,035,722 84, 51, have

ince run

ABNETA,

et with the Honghong Govern.

Bullion, «f” $10,069,000.

on burd

If it

MACHINES

AND

RECORDS.

P. Put in order that he may he jointly The thipowners relied in the first place on footing. Much stress in dealing with this worked * a spare boat or freighter, and that other condition of the bill of lading. This point was laid on the fact that although the

should be replaced in the pool working on Company is not to be responsible for damage, voyage quis shipboard whe

not continuous, the Canton Lino by the Company's steamer evaporation, ote, leakage or breakage, or other set that y consignment

at it was,

for the Heungh

Rooin were ordered to bo Fent from The Fool Agreement between the Chinesequence arising from errore, obliterations,

BO it or from the inst. Boisacy of Batavia to Hongkong, and were in fact so sent. Company and surrelve extending the addr packing, internal or external, or

in izinrmediate the voyage was broken, and interests address ar

So The transfer of tha share in the re-exported grads."

frots Are concerned is clear steamer Feton has been made and will appear in

Van Rebeck to the were taken from the the necount of the fist his months in 1907.

gedowns of Bau Aas lek; beyond this it is not cald not by say possibility weigh the goods Becargary to go. It might possibly be that the s they were shipp d; but he referred in right of a oppage in transit was not destroyed by special detail to the casting trade in the this taking delivery. But although that doctrine

Moditeranean, where it ig obviously that

bastily." construction I have put this exception,

were to this case to pursue t this onquiry Hongkong, but on a bill of lading to the the two things rest or an entirely sliferont farther, I believe, that Fury distinct Ban And Hob, a firm in Singapore who basie and I of opinion that this

FJ

prisciple would be found underlying the cases in which there has been a short delivery of which the abipowners forwarded them to the plaintiffs by another is not a

Case i

cargo. It Another con-

is not difficult to understand that a stonmer on a separate bill of lading. There he rely on the exception

pot very subtle distinction might drawn seems to have been some commercial relation- die fondant company, at sa in the ditch between t ship between the three firms, but what it was the defendant company, but as in the circum

"weight" and "qosutity," which would do not stop to enquire, for in the view 1 take lanes of the case it was abandoned, it is only

recogn:3 what so ually takes place when LARGE AND VARIED ASSORTMENT goals are shipped on A verse!. It would of the condition of the bill of lading specially necessary briefly to refer to it. The clause runs applicable to

be imprasible to suppose that a master should these circonsta ces, it is thus: all cases and under all circum: sign for 1,000 bales of cotton, and when s material whether the three firma were one

the liability of the Company shall be smaller number is delivered, that the ship MUSIC: firm or entirely independent.

cease when the goods are free of the ship's

shonld

shelter himself behind I bare now to are what this exception in the tackle, and thereupon the gends shall be at this bill of lading really means. In the ficat place risk for all purposes and in every respect of the its gran

word of the damage

for the trade, Tinie the two river ateamers |

· directors purchased from Hamburg-Amerika Sui An and Su Tor. They have been running on the line since the 12th instant, and are working very entisfactorily. These changes have been decided on after very careful con sideration on the part of your Board and in the beat interests of your Company

The working of the West River Servico continues to be unprofitable and your dire: tere in agreement with the other joint owners decid id to sell the stranded steamer Taking The loss on her book valzo of our and share amicunte te 814,105.39 but we hope to recover the sum of £2,466.66 for estimated cost of repairs and salvage from

underwriters.

141

han

а

be

clatse

Mr. E. R. Führmann resigned his seal at the the linkingal construction does not wariant slipper or consigu‹E." I think thin mutuality unknown" (if etis in aret væd) and so

The

retiring uditors, Messrs. A. O. 1). Gourdin and W. Hutten Fotte also offer them selves for reselection.

E. GOETZ.

Chairman. Hongkong, 25th January, 1907. Tree, 31, 1EN-6.

ARRETE. Value of stammers Toucan, Parrot, Henge shan, Buisku, Su♫ Tri, mui banyabetu, iths of Kiuchen anal fed af Bataan,

e

the

ski

RE

20

NEW STOCK JUST ARRIVED.

LATEST COMIC OPERA SCORES

AND

DANCE MUSIC

JUST ARRIVED.

Hongkong, 29th November, 1906.

137

would have to be determined by Bath (L.B. Ex. 207) on the Bills oftion fore I am of opinion that the onus lies on the his refusal to admit what they were; the fact. this clause of the bill of lading the was brought by a bona fide unaigree for salas pininit to show that the fases did in that there has been external damage to the

טi

jadgreent of

cases Las nothing to do with the EXALEN birds' neste. But there is yet another of proving what the contents were, and law to be considered. of

The ca-os vore poiz

unter had eigued the bill of lading to But landed in

The cannot shift the aus from the plaintif but..

ood order and condition.

The argument coufases the factor esential to the

the to the plain iff's action with on board. If of the action had been brought

which is the converse of Libeau General Steam Nasigation Co.,

одла

Yalue of warves, turks awl meorings... 71,250.00 for the condition or contents of re-slipped or placed upon the words now under consideration at that they were so taken dameged that might be said for the plaintiff is that be

Vuine of propertica al Canton, Wuchow

and Kengkun

8.6 u:

ro-exported properly,

$264,007.776.28

Vul of spare gear and storen

Ch

Vale of finiture

Cuir

39,6,108.72

Valve of share it public companies Valo of Climiese Lands

Ba de oto circulation i

Loans en worksága

Indian and and in transit...

30,000,000.00 2,047,016.60

Interest accruci..... ..

Sundry dollars

C598,000 far investmente, viz.

ration current account,.........

$25494,430.57

$

1,200,000,099

used. worde

KAMOR 10

variety of

proat

Consul pent rupee paper......,008,021.12 ↑ Hongkong and Shanghai Banking Corp. 100me Company, is obviously so great that the unknown, theres to be so much, but that he the amage to the cases and the abstraction ay in the first place that I find it diffioult, even

Sterling sila athor securition. 6,598,0 16.73

cent Consels

At $2

tof which 2 - £190,30)

with the 100 lodged

a Special Longland.

£25,000 21 per

Komery.)

War at National

£ 125,600 other iten

tion written 11, to...

Bills deserunted, loens

220,500

280,100

£3,000,000 10,040,800.00

Bill receirale.crodite... 331,746.9.

Bank jerejn

(19,031,7683.4') 1,444,23494

* $264,097,776 28 GENERAL PROFIT A

HONGKONG & SHA LOSS ACCOUNT,

CORPORA PANKING

Dr. N.

.......

Y. Gaberal

of

6000 hare business often compels them to deal well as to their weight; and iu all three cas•; |·Prove that birdy' uests were not shippeas through say pa head made by prizing, an

Jose

Contract

der Grosse. The was however merely this, that the con

the

the onus on to the per to prove that 1,000 bales

And really to the case whose delivery is taken by tas with the leat

were in fact shipped. that in far Bourd upon leaving the Colony, and Mr. sentance which refers to reshipped or re- consignee. It could hardly exempt the ship.

assumpt on goes in Thier was nominated.

1. by 1

topsshort of the the diventers to the exported goods; and I am therefore unable to ewner in erses whore, although the cargo has Fleming. There were 10

cargo vacancy subject to confirmation by the share.

the stipulation suggested construction that the been landed. big character of carrier has not stipulated for: how could the holders at this meeting.

unknowu shift the onus? there was arpation protects the

the Company only been changed to that of warehouseman.

fart of

not "weight" I now pass to the important clause of the bill really a question of quantity" not rrabipment or re-exportation.

so nothing in the decision at all in If damage reaaits from this it seems to my proof lading: "woight, contents and volne, when fict with .

shipped unknown." There is no doubt that not affect the propt

Jesal v. Bath, and certainly it can. the proposition i for though I express poopinion on the point, that Kelly, C.D., based his judgment in Jegel T.

as quality or the liability

contenta are concerned, which it is manifest other principles, I am of opinion that nader 118

Act 8 and 19 Vict. C. 111)

that the master cannot verify. So far there. the brocuse

shipowner claims a complete exemption of the of ladio, and the question was the case of re-shipment or exports- whether he came within the protection afforded

Da that tion,

it must bo

of the read by

Act. But Meaning, Linton, and No1,119,800.00: The Company is not to be responsible Martin B, and Bramwell B, a construe ion was Yalns of lightes, Sundre and Huleg

if the words of this and I think that the principle on which the ex

of and her matter. The utmost 133,246 77 excrption are

understood. the reason ception has been explained end.

1.supported Dow 10,269.37

for its introduction is appareat whether the well understood in the sense explained by the

ins proved that abstraction could have followed 1.1560 571.74-.00 onue of proof be on the ship or the

difficulties in the way of shipper, the learned Barons, though there seems still to ther considerations would arise, which I have the mage done to the caves; but as to what 693.16 Frautical

bere be some doubt 05 to these pe of the 1984) damge was actually caus whatever ibn

to now to deal with. Bat the plaintiff's con abstracted the parties by their contract have The

agreed that in the event of dispute the shipper person signing the bill

prova 4579intage may be, when the goods have been in lading, by signing for the smrust with this textion is quite different. He says that there was would love to pry what the contents really 56,922.01ifferent ships,

not necessarily belonging to

to the qualification, weight, con

contents and calne!

alus external damage to the cases; and be Baggests

Kwesta werr If the casey

casey had arrived empty, it would that there is quite enwigi prima facis are made no difference Hyy that the wright rich shipowner receiving re-shepped or re exported is

eridoneo to show a proper correlation between Applying thess principles to the facts, I avast 8 represented to him grocdis deolines to accept any responsibility has himself no knowledge of the matter. This their contents, which must be a constant factor in the face of the evilence of Mr. Lummert, Thee. 3, 10 i

LIABUTISK

Whatever. It is not to be wondered at that the principle was followed in Libeas Amount of capital, *, starry of 15

clange should be inserted in the bill of

in all questions of this sort; and he contends

•each fully pai

substitution of peanuts could have Lakon place Amount at credit of depreciation and in

of a Company such as the British Jadie Steam Navigation Co. (L.R. S.C.P. 881,

applies to the contents and to their value, as that this shifts the onus ou to the defendants to believe that the abstraction of birds' neste and ure in the cases, such as ha apaner fand! Ammat af credit of elixation of livi

with re-shipped cargo. But then I have to the fact that the shipper has inserted in the alleges. So far as the conditions of the ball of 50,000 th aide what is the wearing of the terms used margin a statement which is always treated 20 delivery by the Compacy of packegreexternal outside the cases;

Jadig deral fus.

are concerned, the last oro is that he thought might have been

thing in view the damage observed to the g

guonies Amount at credit uf Investment Bue

Hnetu.

in the exception, and whether the goods is being uo more than his views on these matters in good condition as received shall be conclusive plaintiff has satisfied the anus of

and I do not think that the 114,224 G

question in this relion came within five makes no diferent. Italia, et enact evidence of delivery of full weight and connecessary correlation between the damage and

proving Hongkong-ord Shanghai Banking Corpor

ration, loan account

Proponine tarms. I think the mening of terms ased in

it is a mere question of wis; for it

As these cases were not delivered in the possibility of abstraction, tente. Unclaimed divadlenda

6919.30 uch a document us a till of Jading can be The shipowner declines to enter into the

But, secondly Sundry meters

28.126.16 arrived at only by understanding

as good condition as received, the Co the object contract except

with

on the watertanding, which

pany I do not think he has satisfied the out of Amed at excuit of profit and lossiccant 100.170.08 which they are used, the circumstarers to these words of exception as intended to convey

cannot rely on this claure. Now, the cars on proving that the contents of the eases when

rolled was the Paler which they are intended to apply. These words that he does not agree knowing nothing shent $2,549,429,87 | WAS

which the plaintif iple there laid down shipped at Singapore_were_birls' neats. It was

strongly muz be used either in their ordinary souse, or it, that the welg †, calne ce contents of the

pressed upon me that there wa in sense restricted by the conditions of the eaves slipped are what the shipper says they dition weight, confents and VACA nna sharge of fraud involved, and that it must be business with regard to which they are used. are; and the shipper ships on that noderstand kn

kusan" did not override the admission that proved to the full. I do not think that it iy 120 determination of this Now it is not necessary to invent an extreme ing.

implying at the shipowner will never be the ponds ware shipped in good order and antisl

order and case to find fraud.

What is

is essential is COD, Bch as was sugg sted in arg responsile for goode abstrac'ed or damaged condition; so as to lift the orus from the ship that the plaintiff must satis'y we that the

of wine received, afterwards

repacked and

so show that the word is potting the voyage; he cannot get rid of his "Der "of proving that the damage did not cases contained birds' neste when shipped on

ra-shipped' another place, to

liability itt any thing has happened on boards while the goods war on board the ship or board the Patiala at Singapore. This he has in his custody, or that it comes within the failed to do. There are many points in the atended to be used in its ordinary sense; be-

beesus he has contrac'ed to carry aut deliver exceptions of the bill of lailing." But this dos cause there is pase familiar ander some it he is lishe. But he says I d-clive to Bimit

do evidence which are exceedingly unsatisfactory Cnatomy Laws which is sufficient for the that the something I am earrsing is what yen his goal, which is to get rid of the onus of protingan And Hob godown?

Do carry the plaintiff far on the way towards What were the cases doing for six days in the 68.91 26 purpose. Goods are sent on approval, taken say it is; if it is as you say, and you merkte his affirmative that the cases contained birds the evidence of the plaintiff's foki who aw I do not understand delivery of, the cases are operen, the contents. mak responsible for douage or loss, are found not to be

pesta, when the shipowner has expressly declined worde or for some other regios, they are re-packed, the onus of providing what

the to admit that the ca-s contained the ice pesoute dropping from the cass before they the sorsething

were surveyed on arrival in Hongkong. These cases fastened down again, and re-shipped. How carried was in fact, is on the shipperable commodities. We get new into a different and other questions require to be satisfactorily

of of idem. It is abeinusly an estial answered before I could find in the plaintiff's wall it be possible for the shippers to claim "Onus

is often proof"

difficult A

to the plaintiff's Eatin 11,68.73 the exeption in such a cake? In some places term to settle the inning of exactly; but as

to prore favour. Everything tends to show that the date correlation between the injuria and indend drawback o customs duties is allowed to the relation of adr ssions or zon-admissious the damnum, between the external damag Singapore, by whom it is not asgerary for me Case were carefully filled with peanouts in 4,000 00 when

goods are re-shipped in the original pack. in bill of ladings to the euns of proring the to the pages and the abstraction of their con- to enquire. Judgment mast therefors be for 4,250.00

ages within a certain period from the date of contrary, there can be negle from ju tents. The orns of proving this must be the defrodents with custe, the importation.

ment of Jumes, EL in the Peter der Grosse (3 It seems to mo clear that when an sorption Asp. M.L C. at p. 197) that the law is as I have him because his action depends on it. Bat is introduced which depends on a pre-existent stated it. I now come to the dista of some of supposing this to be prosed, why should it 12.17948 fact, the parties cau. Berer te art ideanless the Law Lords in Beirao v. Fleming (B. shift the onus of proof as to the nature of the

contents? The cour lies

normally on the party

The 1.6.3. str. Princess Alice, ourrying the $188,290.67ey are agreed as to the existence of the fact. Sr. app. 128) which, it is said, throw some doubl who asserts; in the cases wo are dealing with. 16 German mail with dalos from Berlin of the

the extreme case suggested at the trial in areful apon the principle.

Lord Chelmsford said that the master has 18 skifter because the other party has made on 15th Jun; loft Combo on Monday, the 4th a wight | no authority to sign bill of lading for a greater does not bind him it be because he as Wednesday, the Pooted here on or about admission, if contrude that the

admission inat, a.m., and may be what lengths the exception be pushed I were to accepi the defendants

inst., p.m. 118 quantity of goods than in setually put on board, admitted contention on their point. I should have to yet, as it in not to be preumed that he bag alleges not to be a fact. to be - nonetbius- be a fact which he

The I.G.M. str. Preussen, which left here on 44.00

ut interpretation of

arrived termas

Friday, the lat last, arrit of thes

which is

laxended his duty, his signature to the bill of his turn has become the party who assert Monday, the 4th inst at 3

at Shanghai on I believe con

of shipping, ladings is sufficient evidence of the truth of and the onus is on him to prove bis esser- consistent with the castom of 7,0-19.31 which is reasonablo, which meets entirely the their contents to throw

The F.R. str. Alkexion arrived at Nagasakl upon the shipowner tien In the Peter der Grosse the opus was $158,999,17 desire to avoid, which moreover cabbos.

like which the shipowners, as I balier", the sof falsifying them, and proring that held to be on the shipcwuer because he bad at ueen on Monday, the 4th inst., and left again

ba mais. DEPRECIATION AND INSURANCE FUND,

he received a

sived a less quantity of goods to carry admitted that the go de were shipped in

at 6 p.m., same day, for Shanghai, where she Dec. 31, 196.

understood, and which therefore supposes the

(bus acknowledged by his agent. But order and occdition, and they were landed in due to arrive at 4 pm on Wednesday, the To balne HOW TO BE BEAUMFUL-Keep your com-

C00,000.00 June 3, 196

it being admitted that it lay upon the ship in bad order and condition. The refusal to etiap be ad idem when the contact for car.

The C.P.R. str. Empress of China arrived at plexion, Mrs. Ellen's Crême Charissat, Lait

By ha anco

********* 600,000.00 | ladingbos. I think, a definit refers to where to rebut the prima facie eridonce aris admit the quality of the goode skipped did not Vancouver at 8 a.m. on Monday, the 4th ist. Charmant and Special Skin Tonic and Pondre Deo. 11, 1986.

EQUALIZATION OF DIVIDEND FUND. goods which have been entored at, but hare rot to have satisfactorily done so,"

ing from the bill of ladings, lie appears to me belp him because the nature of the goods Charmant will

The C.P.R. str. Tariar arrived at VancouOT enable you to do it. Her Tabuco

Lord Colonsay

wes not in dispute. But in this case the Specialities fo- the Skin are the study of a

250,000.00 passed the customs, bare not paid daty, but is reported to have said the same thing. Were nature of the goods is in dispute, and there at 3 B.m. on Monday, the 4th inet. lifetime. AS Watson & Co., Ltd.,Sole Agente. By balance.

June 3, 1986,

remain on the customs praises, either wharf or it not for the reporter's note that not only were is no reason why the shipowner should be 5th inst., a, for this port, and is due to arrive The O. & O. sir, Dorie loft Shanghai on the 250,000.00 warehouse till they are re-exported.

the words "weight, quality, and contents deprived of the benefit which resalts from early Thursday morning, the 7th just. 781

PROFIT AND LOSS ACCOUNT. Thee. 31, 39.6.

Dr. To repairs to steamers -special night forward

from Just account... ...... 15,600.00 To avont pail for repairs to

HENNE...

Ta

ompany's propertion of lowed in connection with thestranding ofas Folchon, Kinston, Hesugahara, Taunga than and airing and repair- ing lighter #olen..

of

4,445.97

w

19,491.29

Tamoant written off :--

Remuneration to dírectors......

$ C

12,000.00

To dividend nagcunt ;--

21.15 per share on 80,000

chavo! £49,000 al 46... (2

Bomas of. per share on 20,000 slurex= £88,000 ut

855,

Toivideni ljustment acerunt

477,77-27

Different i rehange between 4.6. ti

rato at ich the ividend at

m

To tranfe to silver reserve fund

are cleled, and 234, the rate of thed (5,766,01

To balane forward to next half-year

750.000.00

427 55.90

11,103.39

Cr.

34.3.10.60

To electric light installation

Tu directors and auditors' fees

2,466 66

AXCLAS

By batch of undivided

perta, 30th June, 1906$1.712, 172.37

By amunt of not profits for

t six months end-

31 Dec. 1800,

per making-provision

bad and doubtful

ubts, ducting all ponaos and interest paid and due

2,790,610.31

الله

To difference between look valan and price realized for company's 3rd shave S steamer Tak Hing

Luna amanet recoverable from underwriters...

Ta dividend of $1 per-uling on

...80,000 mikrer

To smount to be carried fars ward to new account ..........

Cr

$80,000.00

20,170,03

By amount brought forward from last ac-

count.

4,433,10 € Deò, 31, 1906. $1,433,109

- $10,000,0 10,0

STERLING RESERVE FUND.

talanes.

balance 30th Juno, 1900 $1,000,000.0

(invented in surling securites).

SILVER RESERVE FUND.

balstree 30th Jane, 1906, ....

$11,000 ̧1 40,06: *d[heartly

transfer from profit and less account 730,000,10

$11,000,000.00

By net vanings of steamers

CAROA

COLOS

to

This is not so

me

*

akacinta ezeption,

up

to Bample; ; and for this.yu must prore it. In other

$ and enter into the contract subject to it. But

C.

5.164.97 DA

DA Slowing 198,317 08 he

transfer fee ................ By interent on invontinente. 30,223743

By diferenov between book valse and price realised for company's (the abaro

toumer Fetsons.

Cr.

De

Cz.

$

.8

rejrat

pasties to be ad

13 Batered into.

in the bill of

Cha

of

Jie

JB

C

Therefore he in

10

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