SUPREME COURT.
Friday, July 26th.
IN APPELLATE JURISDICTION,
BEFORE THE Fera Cocar. ⠀
LEAVE TO APPEAL.
The Hon. Mr. It. E: Pollock, K.C, mered for leave to appeal to His Most Gracious Majesty in Couse from a decreo of this Court dated 15th July, 1907, made in the suit of Long Keo Ng Wai, dismissing appellant's appeal against that portion of the judgment of his Honour the Chist Instice doliveral on 27th June 1907, directing that appellants do not recover the costs of, and incidental to, the case but that the ra-pondent, recovers Adid costs. In doing so, be said that the motion was in proper form.
The Chief Justicn-Do you come within the TAJUC
Hon. Mr. Pollock-Yes, my Lord,
Mr. Blade-I am appearing is upper, The Chief Justice What is the limit Inre Hon Mr. Follock- - £500, The Chief Justice I think it is sad in anol can to state the enucl amount,
Hon. Mr. Pellack-Ha eu wa when the costs are not taxed yet? We can state what our own costa are. Our submission is that we should not have been deprived of er sts. Cur posts alone come to 84,500.
The hief Justice-Of course, you have a right to appeal to the Privy Council. No question of the nature of the appeal arises.
Mr. Blade-Oh, yes, any Lord. Hop. Mr. Follock-You cannot appeal to the Privy Council on the question of costs alone without oppesiing on the question of principle.
MOR!Y
The Chief Justice-It seems to me the point might be taken that judgment might bare en given for the plaintiffs, ench party paying bia
such decision.
law laid down by Lord Campbell C. J. in R. v. Beadle" that "the Crown nover paid nor roosivad conta" belog acted upon in the case.
Theu nomes what I may call the indecision of the judgment. The Court will only decide the question before it, and will express no opiniou on other matters. But as to them it may he said on be
one hand the fact tha: the statutes have been parned providing for the payment of costs to the Crown in relaties to certain dofinite matters is " of some weight as an indication that expross legislation was anossary, in order to prelude the rule of as incidental common law. On the other hand, as
there to department administration, often be litigation which does not directly affect any prerogative of the Crown, aud as to which no good reason can be assigned for the denial of costs to, the succesful party. And the case of "Moors v. Smith' this view."
mius!
supports
"R. v. Besile" the standard case of reference is against the award of costs in the case of proceedings under a general statute with no reference to the own.
So much for the state of the law as to the unsatisfactory nature of it I can only redar to Lord Campbel's judgment in the letter
CAYO.
But then comes this question, Is not s Crown mentioned in this Building Ordine through the references
Building Anthority, in precisely the same way as the Crown was mentioned in Moore v. Smith by the references in the attorey-General. I think it mast bo so.
THE "ONGKONG DAILY PRFFS, SATURDAY, JULY 27тa 1907.
For the Dolondant:
Mr. Major, a licensed Hongkong pilot, said that the "Stanfield" was the only wrack lighted: that a big junk sank in the fairway was not lighted.
THE INDO-CHINA NAVIGATION COMPANY LIMITED.
At the twenty-sixth ordinary general meat- Captain Parsons, in charge of the “Allnoca ing held at 29, Cornbill, E.C., on Juno 29th, another halk of Defendent Company, moored Mr. W. Keswick, M.P., Chairman, presided, and about half mile S.S.W of the Stanfield," says
aid
tats the Report submitted to you as rend. en coming on desk, at 7.45 and 8.30 he saw the entlemen, if it by your pleasure, we light on The wreck. After 1, b.ing-rooted 1 by
with on this occasion presents blasts of whistles he came on dock, looked for the Board, bear), I regret that the Report the red light on the wreak and didn't see it. It's lamp a Peries of favoumbla sta temnate whica broska cat by the wind, so that hen our good fortans to submit to you, and ho did not look at the clock to see the time that, on this occasion, the earrings compara
on unfavourably with the
WA Agures accurately. Prior to this areaing he bail scon the light regularly: he gave the occasions, customed to. The reason for this is a simple
there;
ha had instructions to keep a and said it was his business to see that it one, and is not due to say inherent defect in the eye on it, and he would have reportal it, if he had not seen it.
had boon blow
was
fed."
It
He identified the lamp which he himself had parolased and Lad, arranged through bis o for it being lighted by a aampaa mar. wax 7 or foot above the water on a pole and was a first quality lamp.
Fergeant Gordon cor-borated the last witnod
as to in having bon smn the red light which the witness had told his w the Standid."
ато
character of the trade in which we are engaged, but to the not annatural eat of the over apply of tonnage on the const of Chino, arising from the grour number of strumors that the war Mr. Wright, as employee' of the defon- dunt Co, says that bring on board a lanned between Hussin and Japan attracted to the which left Yeamati Ferry Wharf for Hongkong East being lib rated, and added as a rapetitors in at 82, with his friend Sergeant Gordon, has carrying trace. We witnessed the same remull painted out to him the red light where the after the war of China with Japan, but as time halk lay he was well acquainted with her disposed of the superabundance then, so zo shall position, and wanguis sure it was the Stan have a disappearance of the plethora in due time, and already improvement has begun, which, we tract, will bring us back to pro
which our apority on the special lines ou steamers are employed. The volume of tracto factustes, of course, but on the whole it ex- pande, and with a fost so fully adapted to requicoprents, confitenos in the faturs is not shaken by a wave of depression wa can account for. One cause of lower earnings was the effect of the famino in the Yangtean Valley Provinces, greatly curtailing the amount of oargo for transport, preciste ao further, the effent or redinued earning of the greatly enhanced cost of coal, the consumption of a large Finet making the increased outlay a very heavy sum indood. set out in the statement of Accounts, and in the balance sheet, we been followed our invariable custom to make full provision for depreciation on ear property, and have written values down by the large sum of £72,833, by appropriating from the Underwriting Account, and from Rearvà Acount, an amount which, bow-var, of still leaves these entries with a credit balance o
Yung Yau, the watch on the "Altacos said he saw the light,-going his vonely at 7,8, 9 and 19, which was before the elision, He had not heard whistling previously. but didn't see it after the collision.
Finally, Chang Bang, foreman of Metera Wilks & Jack who were engaged in sulring
a small, s унары под the light on the wreck. Before he get up all safe: he went i to it he saw a red light going quickly like a launch, and when he got up he saw a resel in collision and then there was no light on the "Stanf-ld."
You will
ap-
As
3
AUSTRALIAN
WINES.
ike
H.
J.
LINDEMAN'S
A WARRA
CLARETS AND HOCKS.
PER CASE 12 BOTTLES
24-1/2
THE
**
19
A RSOLUT PURITY. UF
SULE AGENTS-
H.
$15.00
16.09
THESE WINER 15 QUARANTEED.
PRICE & CO., LTD.
WINE AND SPIRIT MERCHANTS,
tur General Managers in China, devoted to the
businers of the Company; we huve mur officers
on shore and our offlerra afloat, who are also men of ability and of immouse devotion to their work. I am sure it will be a satisfaction to them as it is a matter of satisfac'in to us, to know that their efforts on your behalf are appreciated. I thank you, gentleman, (Applause.)
HONGKONG WATER POLO SHIELD COMPETITION.
Two very interesting Water Polo matche were played yesterday afternoon,
The Royal Engineer's "A" Le mot the Middleser "B" taun, and after a one sided
game, the score was in favour of the Royal Engineers" by 6 goals to nil,
The Corinthian Yacht Cịnh then mot the Royal Hongkong Yacht Club ant scored a win by 3 gaola to 2. The Royal Hongkong Yacht
own ecst, and you could hardly appeal from cited above, this seems to be approved in Nothing is so difficult as to gire a finding on a £274, 03 and ·26 10 respectively, and we Club bad a stronger foam than their opponents,
Hon Mr. Pollock -Oh, yes, my Lord The Chief Justico-There is no vao lotting it go forward unless it is clear we are on solid ground. Suppose the order had been that sel party pay is own costs?
Hon. Mr. Pollock-We should not have sppealed then it is paraly on the question of principle.
The Chief Justice-I suppose we must hear
Mr. Blade.
Mr. Slade ambmitted that their Lordships had no jurisdiction in the case, arguing that costs were not a matter at issue in a suit but that they were only incidental to the matter at issue.
Hon. Mr. Follock, in reply, pointed out that their Lordship gare appeilauta special leave to appeal to the council. Their case rested apon want of jurisdiction in the matter of cost.
Application adjourned for consideration.
THE BUILDING AUTHORITY É, PONG CHON-TUEN. Judgment on the appeal on the question for easts in this case was delivered. The appellant was represented by Mr. M. W. Slade, instructed by Mr. D. V. Stevenson (of Messrs Deacon, Looker aus Deacon, and the respondeat, the Building Authority, by Hon. Mr. H. H. J. Gomperiz, Attorney-General, instruoted by Mr. U. E. Morrell, Crown Solicitor.
His Honour said:
Mr. Justice Wise-I concur.
Wo
The Chief Justice added that costs would be gigas the Crown in the case stated, and costs against the Crown on the point of res judicatu.
IN ORIGINAL JURISDICTION
CHI WO AND CO. 14.
THE FUMIGATING AND DISINFECTING BUREAU. Judgment was given in the action in which the plaintiffs claimed $4,023, the amount of damage sustained by their steam launch Hei To in causequence of her having on the right of October 21st, 1996, s ruck the bulk "Stanf-ld" Sir Henry Herkeley, xc, lustrated by Mr.
1
to new
£3,594 14. 31. Tho account changes we indicated at our meeting twelve mouths age which we contemplated in our Articles of Association, were duly carried out. We also divided our shares, which were £10 enot, into a Preferred Ordinary Share of £5, and a Deferred Ordinary Share of £25, change which, we think, will be of advantage to the Shareholdere, The Directors have considered that the time has coms to consolidato the indebtedners of the Company by the issue of debenturs. Our Capital is £495,800, and we have assets which represent £1,154,245. We think it will regularise our Beancial position if we issue £345,000 in debentures, bearing 5 per cent. interest, escured by specific certain steamers and by a mortgages on
the other Assets of
Master) appeared for the plaintiffs, and Mr. A. C. Jackson (af Messrs. Johnson, Stokea and has contributed to the ollision: bat seondif, intro In the ease of one of the M, W. Slade, instructed by G. K. Hall Brutton (of Messrs. Uruiton and Heit) represented the defendants.
Honour suid:
The first-question I have to decide in view of the Assessor's answers to the questions I put to him is-Was the wreck of the "Stanfield" light. ed or not? If this is answered in the affirmative the plaintifs must fail.
floating obarge ou the Company. This will elinsius'o from our Balance Sheet the borrowed iteme at credit. I have pleasure in stating that it is our intention to propesa to you the election of two new gentlemen, he is prosent, and you will be asked to confirm the invitation to a seat on the Board which we hare given to Mr. Dickinson.
The other gentleman is Mr. Walter Fisher, who has had great business experience in Chins. He is now rezident in London, and his section will, I as sure, be a source of strength to the Directors, I have now to propose That the Report of the Directors and the Accounts for the year. s*
те
deal of fouling on both sides.
The Middlesex "A" team have forfeited to the V. E. C. "A team their matok in the second round.
FIXTURES. 3rd Round.
On Tuesday next R ́E. "B" (cam will play the V. B. C. "B" team.
On Friday The Royal Hongkong Yacht Club play the Middlesex "A" teams.
On Friday 87th Co., R. G. A. play the Middleber B" tear.
·FUNNELS AND FLAŬS.
STEAMERS POR JAPAN.
For some time prst the Nippon Yusen Kaisha (Japan Mail Steamship Company have be chartering oxira stea mors to supply their requirementa for special cargo and outside porte. They have now decided to put on three exira cargo steamere of their own for this purpose namely, the Colombo Mars, the Coylon Maru, and the Bombay Mara-and natil other steamers extra vessels will be chartered as are added required in order to maintain monthly sailings. There steamers will load from Middlesbrough, Antwerp and sometimes London for cutaids places, such as Formoen, Manila, Nagasaki, Muji, Port rthur, Ac. when inducement offers.
There is an important pa sag, in Wright's judgment in R. v. Archbishop of Canterbury" which throws some light on the question, and it is of cousiderable authority when we bear in wind that for some years Mr. Jastios Wright was Junior Counsel to the Treasury when he became. very familiar with uch matters: “We express no opinion as to the We are theruf: rv appealing on 'the go-stion of Frit of mundemus when it is applied for by operations, went that night at 10 to see things or against the officers of Executive departments of the public service in relation to their statutory or other duties."
The grant of costs in such cases he thought анарронен
from the paragraph of this judgment Was warcuted by "Moore . Smith,
Thoums. Pritchard. Here the Building question of fact when the evidence is is co-propose to pay a Dividend of 2 per cont. which but they played a very poor game, and missed Authorit is authorised to do many
thinge on behalf of the Crown, and therefore wishinflicting as it is in this cam, except perhaps erill absorb £232, 59, and to carry forward several euky gaols. There was however, a good
think giving the reason for the Goding. It is quite the principle above euaneinted,
possible that the lamp may have been lighted that order for coals may be made for and against the Crown
that evening, it is also possible that the lamp was blown ont (the wind was quite fresh enough to blow out the lamp in Mr. Parson's cabin); but whatever may have been the onuss after uighing all the evidence in as onrufal o way as possible I have come to the conclusion that the Hoi Po" lamp was set alight at the time the ran on to the wreek. This leaves the question of contributory negligence to be decided I have to assume for this purpose that there was a duty on the deferant to light without giving a decided opinion on the question I am inclined to think there was in the ciraumstances. Any bow I mast assume it, and that there was negligence in not keeping it alight. Now the faw as to contributery negligence is this: the plaintiff oannot recover, if with ordinary care, he could have avoided the consequences of the defendant's negligence because s negligence
if the defendant in bia ture could, with ordinary care, have avoided-the-cons quences of the plaintiff's negligence, then the plaintiff can recover. There are duties cast on both sides the plaintiff, to avoid the cons quences of the defendant's negligence; the defendant, to save the plaintiff from himself, if he is abir. It is obvious that these two duties do not arise simultaneously but consecutively. You cannot ay that the plaintiff was guilty of contributory negligence in ranning on to the anlighted hulk in the way he did, bat the defendant could have avoided the consequence of the plaintif's negligence by lighting the bulk. This sens to involve a slight confusion between pest and prom ter. Well now what is the evide as I Lave some diffiealty in determining how much of the halk really was visible above water, oven iu ordinary circumstances; though 1, bare little
stretched their imagination very far when they said that what was above water would have been visible on a clear windy night 3 to 60 yarda according to the former, 200 yards according to the latter. I agros entirely with the Assessor when he eaya that, with a good lookout und a strong wind blowing, they should have ssen the break of the water at least a launch's length off but no more. It was a windy night and I assume, as the plain iff says, that there was a good lookout. But mesuming, as I do, every. thing most favourably to the plaintiff, the evidence of the people on the "Hoi Fo" showa clearly what happened. "We went slow, then quicker, and so ou to the top of the bulk: we were going half speed at that time:" this is one version. We started and stopped, started and stopped again, and after the fourth step we struck the bulk :" this is another version. We went elowly, and the sailors saying there was nothing to bo son, we put on a little more speed, than we came upon ber.' This is another and they really all agree in this one foot that they were going at the time of the collision at a higher rate of speed than when they were merely watching for the hulk. I think they had given washing for it, thinking they were past, What the rate was is shown by the position of the *Hoi Po" on the bulk. aff ̃spa d is admitted: the evidence of what I may call expert evidence shows that it was more nearly all speed. This view is supported by what happened to the Hoi Hau" She was going slow, and did not get on to the halk su badly but that she could not
be got.
off without damage. The plaintiff was going too fast at the time of the collision the fast which makes this a no- gligent act is that be know the wreek was there
The question નવ costa in this es se isnurrowed to a very fine poiut. By the Code of Civil Procedure, selion, 8, costs may ba given against the Crown in proceedings under the Code: and the first question is whether sitting to hear this appeal the Full Court is sitting under the Code or not.
I think the Attorney-General bas successfully "Exp. Woodall Seaman v established by Burleigh," and olhor casos cited by him, that these are criminal proceedings, and that the Appeal, bat as section 368 is drafted it doen not say coats in Civil proceedings may be given for or against the Crown; but lays down a general principle, and therefore the question is mora properly stated as I base put it, are we sitting under the Code of Civil Procedure.
I therefore proceed to examine the statomonts on one side and the other.
For the plaintiff :
presented, bo approved and passel.” (Hvar, boar,j
Mr. W. Paterson: 1 beg to second that. The Chairman: The resolution having been proposed, and sacorded, I now invite you to ask any questions which may occur to you to put to the Übair, and I shall have pleasure in en deavouring to answer them. If there are po questions I will put the resolution to the
SUEZ CANAL STATISTICA.
Full Court le sitting at a Criminal Court of that on the nightin question be left for coaling doubt that both Mr. Major and Captain Parsona. J. K. Michael requested some further constraction of the Suez Cansl up to Decembar
Let us soe bow the matter stands,
By 3. 38 and following of the Magistrate's Ordinavos 3 of 1890 appeals on points of law by way of a Blated are allowed to the Full Court that is to say the Full Court is con- stituted by se. 22 and following of the Supreme Court Ordinance 3 of 1873, Bection La pro vides that appeals from the Magistratos shall be beard before the Fall Court. But as 594 and following
of the Code of Civil Procedure, deals only with appeals from decisions of the Judges of the Court: and therefore the Full Court in hearing appeals from the Magistrates is sitting under the Magistrate's Ordinance and not under the Code, and therefore, a., 368 does not
apply.
The next point arises under the Interpreta tion Ordinance 1897, s. 29 of which provides that no Ordinazee, whether passed before or after the commencement of this Ordinance, shall bind the Crown, unless it is therein stated, or unless it appears by necessary implication that the Crown is bound thereby.
Pang Cheung, the coxswain in command of the "Hoi Heu," said that he came across from Hongkong once a week to coal at Mong Kok, learing Hongkong about 7.30 p.m., that be wes accustomed to see the red light on the "Stanfield" at 745. He was steering, and knowing that he was going in the vicinity of the bulk be told a sailer to look out for the light. He didn't see the light, came into collision with the halk, and found no light on her and that he warned the "Hoi Ho" people about it. His description of the light which he says he saw on other nights was that it was low on the surface of the water: that he didn't know how it was carried, and not so high as a launch light.
Mr. Logan going in a launch to dine in the Volanter oamp on Stonecutters, left Yumati Ferry Wharf at 7 pm. He said that the know where the wreak was: it was almost in his course and that there was no light on her at 7.10. He is cortain about it as he was almost on top of her and the coxswain had to swerve to avoid her.
Mr. Kyneck, who accompanied Mr. Logan, gives the same version,
To Kai, the coresin of Mr. Logan's lanzeh, says he left Faameti at 7.15, that he passed the bulk and thero was no sight on her and that returning from Stoneouttera he passed again at Kls and again saw no light He confirms the shearing off in order to avoid getting on the top of the bulk,
A Sam, the lookout man on the "Hoi Hau says that the earswain told him to lock out for wrecks, that ho BAX
and Doo!
to that they went on The wreck which was not lighted. He returned n the "Hoi Po," and being told to look out for for
wrecks and red lights did it, but didn't see any that they went slow, then quicker, and so on to the top of the hulk: they were going Ho bad oon the rad half speed at the time. light on previous coonstone when the launch
went for coal: it was one foot above water.
Chan Woon, the managing partner of the plaintiff firm says that has
having gat across in
in the Hei Po" in search of the "Hoi Hau," having laft Hongkong at 10 he started back. He know the neighbourhood and was afraid the halk was there, and the captain of the launch "We started: out carefully. then stopped: and, after the third or fourth stop, We struck the bulk. He was at the bows and assorts positively that there was no light, Ho described bis search for the "Hoi Hau'
It should be notiosd that this provision dons not appear in the English Interpretation Ac'.
The argument resolves itself into this: The Crown has no iuberent right of appeal fron Megistrate's decisions, and can only have a case stated in-virtue of the Magistrate's Ordinance: the Crown cannot take of the Ordinance and not the other: one part therefore the Crown must be bound by these other provisions of the Ordinaues which enable the Full Court to give costs: 1. B. 146, Therefore this is a case of necessary implication within the nearing of the Interpretation Ordinauer. Lord Campbell's Judgment in Moos, Smith supports this view, though the other judgments are not so clear on the said he'd as there is a reference to a power given to Attorney-General in one of the sections of the statute, and it was because of that reference that the other judges thought that coats could be given against the Crons. Crompton J. suid:
I am inclined to think that even without s. 4mported to be on the balk; he was on the (the suction in which the Attorney-General is referred to the Crown would to within the provisions of v. 6 (as to caste)". But is then proceeds to show that the Crown is certainly within 8. & beenose of s f. There is nothing therefore but the inclination of
of his
opicion. 4homas
Prichard" is not too oleer ofther. because
there
again the Court seem to have boso impressed with the fact that in the Summary Jurisdiction Act 1848, there were some sections in terms referring to the Crown, add it was from this fact that they inferred the implication or presumption that the Crown was to be in all cases under the Summary Jurisdiction Act bound by the provisions of the section as to cost
In R. v. Archbishop of Canterbury," there was a question of a writ of mandamus to the Archbishop. which the Attorney-General opposcil as the rights of the Crown were affe led. No order was made for payment of costs to the Crown: the principle of the common
bridge, and knew whereabouts the bulk lay Hosays he couldn't see her, which I take to
esn be saw no light.
he
Bay
Kwok A Man, the Captain of the "Hoi Po." had passed the wreck before at night, and had seen her lighted; but she was not lighted when he ran on to bar. Starting on the way, we wont slowly and looked about, wa were afraid of that wreck. The sailors said there was nothing seen shout, we put on a little mors speed, then game upon her, there was ao light on her. We weat sirnight on, head- ing towards the wreck, there was no other way (ie. through the jaoks.
So Teup, asilor on “Hoi Po," said on our way hack to Hongkong, we started, stopped, went | on and in a short time collided with the wreck. I was on look out at bows, and there was no light on the wreck,
Chow WaD, cozswain of the “Kem Hung launch, who assisted in getting the launch off, said there was no light on the wreck.
up.
T
information respecting the sening of the steamers for the year, which was given by the Chairman.
The resolution was then pat, and carried, unanimously.
The Chairman: The next resolution I have Le propose is "That a dividend of 24 per rent, as recommended in the report, be, and is hereby, dolared payable on the 26th inat." Mr. W. W. Dickinson. I beg to secoud that resolution.
The meion was carried unanimously: The Chairman proposed the re-election_as director of Mr. William Paterson. Mr. H. Beasley seconded; carried unanimer sly.
The Chairman: I have already mentioned that Mr. William Watson Dickinson bra a sout on the Board at tas present time by invitation of the Directors. His appointment requires confirmation at this meeting, and I beg to pro- pose: "That the appointment of Mr. Williata
Watson Dickinson as a Member of the Bourd be herely confirmed"
Mr. J. R. Michael soounded; unanimously agreed to.
The Chairman: It is propreed to nominate Mr. Walter Fisher as a now Member of the Board. He has had long experience, as I have already mentioned. in China, sed in him I am sure wa shell have a very excellent Director. I, therefore, propose: That Mr. Waller Fisher be elected as a Member of the Board,"
12, QUEEN'S ROAD CENTRAL
DAILY SHAMPOOS
With Warm Water and
Cuticura SOAP
And weekly dressings of Cuticura, purest and sweet- est of emollients, at once stop falling hair, remove crusts, scales, and dandruff, destroy hair parasites, soothe irritated, itching surfaces, stimulate the hair follicles, loosen the scalp skin, supply the roots with energy and nourishment, and make the hair grow upon a sweet, wholesome, healthy scalp, when all else fails.
Boid throughout the world. Depots: London. 27 Charterhouse Bu. Pada, & Rue de la Paix: kysite- lia. (k Towns & Cs, Bydney: India B. K. Paul, Gal mits; Chen, Hong Kong Druz Cut Inpan an
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•OMIR & D Dame T
Cup Sole Just-Cred. Cuticurs Book
54-78
In a printed reply to Mr. Henriker Heaten, who asked for curlaiu statistics relating to the Suez Canal, Sir E. Grey Bays: -The coat of
31, 1906, was £24,304,928 12. 5d. The director of the Glasgow Chamber of Commerce capital account of shares and loans amounted to and Manufacturers. Deferred rebates, he said, £18,769,817 88.33. The shares were Actions restrained trade and were injurious to the de ospital, 389,640 francs; Actions de jouissance, interests of the country. The Commission 16,360 francs. The gross revenue in 1870 was adjourned.--Tuesday night's London Castle 31,174,604.35 francs; in 1866, 59,022,626.28 coctains the announceme.t that a new Com- france; in 1895, 82,223,855.26 france; and in mission. has been issued, which provid-e, inter 1906,111,989,122.98 francs. The ni profit were alia, that the powers ani privileges conferred 2,002,913.51 frauca, 28 357,166,14
on ay five or more of the Commissionera shail 42,283,390.28 franca, nod 71,377,461.78 fraues be exorcised by any two or mors of them if it is, respectively. The net dividends for the same deemed expedient to visit places outside the years were 26.05 francs, 70.69 francs, 92.50 United Kingdom. franos, and 141.00 francs. The present val de of the action de cupidat is 4, 89 franes, und of the action de jouissance 3,819 frater The original prics of the action de capital was 560
frauce.
france,
BOYAL COMMISSION OF SHIPPING RINGS.
&
roteste giving binn
COTTON FREIGHTS,
A conference was arranged in Liverpool for July 24 by the Liverpool Cotton Association, the Syndicat de Commerce des Cotons on Havre, and the Bremen Baumwollbörse. The object of the conference was to consider questions cou-
pocted with the carriage of cotton form the United States to European ports, more par. ticularly the practice of attaching a port bill of lading as nollateral security to a bill of ex change drawn at a paint in the interior.
It appears that the practice is inoressing of shipping cotton from an interior point, financed by a bill of exchange dated at such point, with a bill of lading a fached as a collateral purport-
The Commission resumed its siblings at Winchester-house, St. James's-square, on June 25th. Mr. Arthur Cohen, K. C., presiding. Mr. F. H. Calley gave evidence on behalf of the Sheffield Chamber of Commerce, and rad that the recent practice on the part of steamship owners of combining in rings with the system of rebates offered ir rotura for ozolusive trading had operated towards the restriction of shipb be dated at the seaport whence the cotton ments of Fuglish manufacturers to the cutries to where they did basinese. If a traveller for an is intended to be ocean borne. On the face of this document it stated that the cotton weu- English house sold iron for delivery st certain
for shipment by a named ship or ships, or porte in the Mediterranean, he found that he tioned therein has been shipped ur received was unable to compete with Continental homses.
line of steamers, and the impression is con- There was a Bxed rate from Antwerp to ch
veyed that the cotton has been delivered into Mr. W. W. Dickinson seo ndod; unani-port for iron. But if the iron wore shit the oustody of the ships or line of steamers, monsly agreed to.
from Antwerp by a Belgian manufacturer whereas at the time the bill of lading is Mr. E. Saver proposed that the auditors, he was allowed Meers. Turquand Youngs & Co., be re-elected. adrantage over the same iren if shipped by issue, the goods are almost invariably still lying or hereabouts, and he was therefore bound to Mr. W. C. Roberts seconded. Carried.
an English firm, and over English iron shipped the interior point, or are in the custody Mr. Burder: Before we part I should like to by any firm, English or exercise all the grouter vigilance in looking out,
of the railway company to transport to The foreign.
At the time the goods are the seaport. and the greater caution in navigation.
propose a hearty vots of thanks to the Board onsequence was that the whole of that delivered to them the railway comp ny issue a Ho went ahead, whether full or half speed does not
for the work they have done in the past years. trade was obliged to be done through much matter, too soon, thinking himself alrer of (Hear, hour) Wel know that the shipping Belgian honses order to obtain the railway neto to deliver them to the order of some individual or firm, usually the agents of trade has not been very good, but I think there rebate, During many years of open a wreek which he know was there, and in dog will be a recovery in the next 12 months, natition in South Brazil."all goods except as the ship or line mentioned in the port bill of so he committed an error of Judgment, which. There is vas matter which I think was dealt and rainable goods were carried at the rate of of the goods at the seaport, and after having lading. The effort of this is that on the arrival in my opinion, is sufficient to support the ploth at the Special Meeting held last year, and of contributory negligence. Judgment mast
158. per ton. Since the union of shipowners delivered them into the custody of the party therefore be for the defendant will costs.
into a ring the ato had gradually risen from a named, the responsibility of the railway company that was the payment of interim dividends. I hope that is a point the Directors may see fit to
minimum of 30s. to 50s, with extra charges on aas deal with in the near future.
fine and
In England the expensive goods.
cases, and the agent, haring control, cas sell Mr. F. war:
I have very great pleasure, companies in the rings made a great mystery of them and divert them to any destination that gentlemen, in seconding the proposal for a what their rats were, sad if one wanted to
may sait him; in fuel, the whole question as to what becomes of
of the cordial voto of thanks to our Directors, and not know the freight for an assortment of goods one individual responsibilty and honesty of
goode is ons of the personal only for what they have done in the past year had to apply and specify almost every article. but in years gone by. I am sertzin also ibat The institution if the ring gatem bad rosulted agent. A "port bill of lading," therefore, when issued at an interior point, is a mislead- The Shareholders are confident that the Board in lengthening the time of transit, because the will do all that they can in their interests in the shipowners fixat their timo table on the basis jag document, and affords no logul security that guoda maulieved therein shall be delivered future. Might I ask you to add, without going of the s'owest line of boats. Another grievance at the named datiuation. The correctness of beyond what has been said, to the vote of thanks of the English expr was that the firms why this view is b rns out by a sustment of the
what has been done in stare gone by towers retaining these deferred rebates from vix
A MINOR'S PLES.
In the notion Lee Lang. Tau Man Hing, his Lordship found that plaintiff had falsely represented himself to be of full age when he abtained the money from defendant, and ordered that defendant deliver up the origige dreds on payment of a sum of $10,000 by plaintif. In default of plaintiff making this payment the j'action to be dismissed.
A similar order was wade in the case where tho some plaintiff proceeded against LiKi Mud on a like suit.
Fall toxis of judgments will be given later.
INSURANCE CASE.
Judgment for defendant was enter d in the action Hip On Maring Inurance Company v. Hang On Marine, Insurance Company, Led. Full text of judgment will appear later.
BPECIAL CASE.
Hie Lordship found for Lau Chang Wood and Lam Choy against the Standard Oil Company.
with
.
The motion was then put, and very cordially received,
Com
as
the
include the staff both at home and abroad? to 18 mentis were competing with Erglish State Legislature of Lewisiana which rendor (Hear, hear.)
exporters as merchents and commis ion agents it a panissa offence to issue a bill of lading, The great rousedy would be the publication or railway pots, when goods are not in the of classification of goods und dotaile
poca:asion of the ship or railway company, In Ele event of the goods not arriving at their to n'es. If that somedy failed, the chamber had to consider whether there should intended destination. the consignee is
to have no recourse either against the be legislation, and they had decided that they could not formulate anything that would have connazy, who have discharged their obligation A satisfactory result. He was of opinion that by delivering thom according to the Instrac deferred rebates should be made illegal. Mr: tions of the interior shipper, or against the Robert Maclaren, senior partner in the firm of ship of lito, became they have nore" rat-ivad Magera Robert Maclaran and Co, iroufounders them, and he can only attempt to recover from and cast-iron pipe manfacturers, mid he was a
(Continud on prge 5)
The Chirman I bank you very much, gentle wen, for your Tote of thanks to the Board The Board appreciates always the good feeling shown by the Bhareholders, and it is an encour agement to them, if encontagement were need. ed, to do all in their power for the welfare of the Company they have charge of. I am very pleased indeed that the staff has been remem bered. We lare au admirable staff, wo hare