SHIPPING NOTES.

THE HONGKONG DAILY PÏESS. TUESDAY, AUGUST 24ra, 1909.

SUPREME COURT,

Monday, 23rd August.

IN APPELLATE JURISDICTION,

BEFORE THE FUIL COURT.

A COMPRADORE'S (JABILITIMB. T

At this stage Sir Henry Berkeley stopped reading to inform the Court that the amount paid by the plaintiff to Masre. Deacon, Looker and Deacon, $2,828.00, had been omitted, and lo asked permission to add it to the claim,

Mr. Blade stated that as there was an application for amendment ho would ask that the claim bo amended by striking out a very substantial ameant. There was muck that could not be recovered in this action.

Ilis Lordship thought the best thing would be to treat the question as a question of law.

Mr. Stado asked for particulars as to how the $2,000 odd plaintiff now wished to add to his claim was made up

might be a very much larger amount than the hold that the assured was not bound to disclose

property was worth. It might be said that them, and gave judgment in favour of the

the principle that money might be owing Between Brindisi and Port Said the P. and, assured. The Marine correspondent of the

from a

man without his. being under any O. Company carry the maile in two fast twin-Times has boon asked to state, for the guidance

personal liability to pay it, was unknown to the Borow steamships of modest tonnage, known as of shipowners and brokers, that the undoy-

law. The answer was that it was not sufficient the Isis and Osiris. They were built in 1898. writers of 17 loading insurance companies had

to look at the mortgage deed alone, because that One of them, the Ostris has just undergone during the trial signed a declaration that in overhaul at Port Said after having run with their opinion the facts alleged to have been

The Full Court yesterday delivered its deci- document did not and was never intended to set unbroken regularity over since she was put into concealed are very material facts which would sion against the appeal from the judgment of out the whole agreement arrived at by the It is and was the service. It is a remarkali testimony to influence an underwriter in deciding whether

the Chief Justice in the action in which Messrs parties on January 30th, 1902 the character of Britisli shipbuilding.

he would accept the risk at all, or, if he did. J. David and Co. saed their compradore, intended by the parties to be incomplete if read accent the risk, in nocepting it at an increased Chan Ut Chin, claiming 3649,816.67, said to be by itself. If the mortgage stood by itself rato." Attention may also be drawn to the due nader a compradore's agreement. There the absence of a personal covenant was in

itself so

significant a feature that the fact that the action win defended largely by was a counterclaims by the defendant for 855,000

mere fact that money was stated to be owing mutual elabs, which represented an important which was deposited under the agreement,

on demand would, he thought, robut any body of shipowners, so that both the under. writing and shipowning interests are closely strnoted by Mr. H. J. Gedge (of Messrs. John presumption of personal Bability. But one could son, Stokes and Master) appeared for the not, in documents so mutually connected sa this concerned.

A number of gentlemen connected with the Frellasta (plaintiffs), and Sir Henry Berkeley, mortgage and this agreement, take first one and construe it independently, and then proceed to shipping industry, among whom were admiral K.C., and Mr. M. W. Slada instructed by Mr.

executed as an Isolated transaction. The through passage tickets and hills of lading at Mr. Edmund Beresford, Sir Richard Levin,

ton) represented the respondent.

The Chief Justice, in the course of a judgmenning of the parties could only be given all its floos. This, the Board says, would Mr. John O'Connor, M.P., and Mr. Josephment which took three-quarters of an hour to effect, to if the two doenments wore taken is a Edinburgh divorce proceedings, $17,187,23 benefit both the companies and, the travelling Nolan, M.P. inspected the working of tho

whole, che completing the other. When his publie. The former will make more profit and porbydrometer, an instrument of Italian in. deliver, after dealing with the arguments of Lordship' found a man saying in-a document denied unlawfully debauching and carnally. counsel and the authorities quoted, mid he was vention for weighing with the utmost accuracy of opinion that there was here a clear blut money may be owing on demand made A notable and much respected figure, Mr. from any ship or large to which the instru" that when a demand was made, the fact of ment of even date, and to be read conjunctively commenced by the plaintiff, and was in no way

the doud weight placed on beard or removed statement, made by both parties to the deed on him in writing, and saying in another docu

The Board of Posts and Communications bas intimated to the China Merchants Steam Navi- gation Company that in order to increase its business it should enter into contracts with the Chinese Railway Companies to connget its stomers with the Peking-Mnkden Railway at Newahwong, the Peking-Kalgan Railway at Tientsin and the Shanghai-Nanking and Teking-

Mr. MacNeil and Mr. G. C. Alabaster, in-

Hankow Railway at Shanghai, ant should is the Hon. Sir E. K. Fremantle, Mr. Shackleton. J. Sectt Harston (of Mosars, Ewens and Hans. interpret the second separately as if each were

the latter will be saved a lot of trouble.

ment is fitted. The instrument is based upon the infallible principle that a body floating in a making the liquid, of whatever density, displaces a quantity to psy,

demand created the obligation

10

It was not necessary to go

been connected with the firm of Harris and into a gigantic weighbridge or weighing ronant to pay it was sufficient to say that that first must be interpreted. He thought.

Bir Henry Berkeley said it, was costs paid to Messrs. Deacon, Looker and Denoon in respect. of the Scotch divorce. Counsel thon concluded reading the statement of claim, which stato that the plaintiff claimed for damages for the raisconduct of the defendant with Henrietta Maud A itchell $15,000, and special damages for money paid and payable in connection with the

In the statement of defettes the defandant

knowing at any time the plaintiff's wife. He was not a party to any divorce proceedings,

bound by any decree made in such proceedings. He did not admit that the plaintiff became liable to pay the costs of or incidental to say such proceedings,

James Dizon, underwriter, and chairman of Lloyd's Register of British and Foreign Ship ping, died last month at Sevenoaks, at the age of-60. Lately Mr. Dixon took lees prominout share in active business, but he had previously

Dizon, shipowners and brokers, and he also had interests in collieries and docks. Mr. Dixon was one of the early presidents of the British Chamber of Shipping, with which he maintained can be carried out with much greater rapiditys to examine the interesting argument based ho had declared that under it there might bo In addition to the special damages he was

his connection until the end, and he was one of the joint managing directors of the British Steamship Investment Trust. He was educated nt Eton, and travelled widely, especially in America and the East. At Lloyd's Register Mr. Dixon will probably be best remembered for his conspicuous serrices in securing the site In Fenchurch-street on which the present fing offices stand. He achieved marked success in the City on his own account, and much im pressed those with whom he came into. contact by the force of a very viriis personality.

*

resulting in the reduction If not complete avoidance of denutrage The demonstration took place on a 200-ton burgs at the Totaple Pier, London.

THE NEXT CARNIVAL AT MANILA.

Ün

of that. Ifypid exactly equal to its own weight, the extent of saying that the words and by its application the vessel is transformed money swing" operated as a mortgage co machine. The advantages of the instrument they were a statement of fact that the money are that the cargo in accurately weighed in one

was in fact owing, and being made in a deed operation, and that the heading and discharging the fact could not be denied. Having arrived at this conclusion it was not necessary

AS his decisions, to the way in which the intention of the parties to a contract was to be ascertained. It would be convenient if be summarised the result of this judgment. First, so far as the mortgage was concerned: There was no personat covenant to pay Chinese losses. There was not sufficient evidence of any agreement outside the mortgage to pay these loss, sither from the recitals of the mortgage or aliunde. The mortgage itself did not imply the existence of such an agreement or liability, The provisoes for redemption could not be construed into covenants to pay the Chines tomes, although they were referred to in one of While the date for the opening of the carnival

the covenants. There was no undertaking to is still somewhat distant, the people of Manila pay the Chinese losses in the agreement. There are not delaying the work of getting outsiders was, however a clause in the mortgage which We have said that demands might be made by the firm interested in their big fastival. received reports from time to time of what the for the amount of the Chinese losses, where Carnival Association intend to accomplish

upon the proviso for redemption operated, and during the next fiesta, bat had no idea of the if the amount was not paid the scentity was magnitude of the nudertaking until we had a

forfeit. In this clause there was a statement demanded should be dze

Mr. C. W. Rosenstock, a manibor of the Committee on Publicity of the Philippine Carnival Association, arrived in Hongkong on the Mongolia, and had no sooner got ashore than he began his work of interesting people in the next Carnival which is to be held in Masila next February.

At the annual meeting of the General Ship. owners' Society (London), Mr. F. H. Pyun, (chairman of the society), who presided; said he was firmly of opinion that there never was any strong reason why freights all round should have fallen so seriously during the last few years as they had done, if it were not for unwise competition among themselves. He believed that their altered methods of conducting shipping business in recent years had largely contributed to the present deplorable condition of affair few minutes conversation with Mr. Reson that the money. They had got into the habit of taking large stock. He informed us that the forthcoming and owing in virtue of the demand. Kis contracts for carrying cargoes at cost price, or carnival would far eelise anything attempted Lordship was doubtful whether he could even lose, and they sent ships on long royages in that line in the past, and when the fact is hold that this itsolf without the ghost of a chance of making.onds considered that over in this part of the world meet" at the current homeward froights. Per has anything like the former carnivals in Manila haps the strangest fact of all was that, in short been approached, it will be seen that this menus a a sa trudes, merchants were able to get all the great deal. Dozens of features, which will be tonnage they required at rates of freight whitli, cutirely new, will be seen at next year's carnival, in all probability, would not cover the expenses and we are sured that those who are so for- incurred by owners. It would be much better if tunate as to be present will be given a treat that they could get back to the old method of chaster they will not soon forget. ing their ships out and horse before sending them to various distant parts of the world, on trust, so to speak. The line. Ind come, it seemed to him, when they wanted a little more back bona in the shipping community.

a

WAB

an admission

with the frat, that he would pay mouies owing from him under the first document, then he felt obliged to conclude that the second statement related to the first, and to show how

then that although in this case it was accurate to say that the compradore was not personally liable under the mortgage alone, yet we must is say that, as it clearly did not stand alone, monies owing from kin on domaad, and that he had, ander the agreement which completed the mortgage, expressly recognised money might be so owing. Ho had, then, made a deposit us security for any monies that might be owing, and further expressly under took an unlimited personal liability in respect of them. His Lordship thought that the appeal most succeed with costs hore, and in the Court

below.

that

Mr. Alabaster moved for judgment for plaintiffs for the amount endorsed on the writ.

The Chief Justice-re not there some nocounts?

Mr. Slade-Yes, but this is quite preliminary,

There are a dozen or two more defences. This is only a preliminary center.

The Chief Justice It is a canter right round the course.

Mr. Slade-Your Lordships decide that there is an unlimited liability upon the mortgage for whatever may be due?

The Chief Justice-Yea, on the accounts. We had better say that the judgment in the Court below be raversed with costs here and in

the Court below,

Mr. Slade applied for a stay of execution for a fortnight which was grautod.

IN ORIGINAL JURISDICTION.

Counsel then proceeded to tell the jury that the facts in the statement of china formally set out all the griorances which Captain Mitchell had to lay before them, and in respect of which he claimed at their hands substantial damages.

asking the jurors to give him a substantial sum of money as general damages, for what might be called moral damages for the great wroug Captain Mitchell Lad sustained at the hands of Mr. Lee, and for the intolerable insults he had suffered at the hands of the defendent. The jury would give such damages as they might think justified, and, so to speak, would make the punishment it the crima They were not bound by any limit shaimod in the writ, but were at liberty to give any damages they pleased.

His Lordship pointed out that it was not permissible to discuss the amount of damages with the jury.

nsu

Sir Henry Berkeley, proceeding, said this was an action for what was commonly known as oriminal conversation; that meant an action in which a husband claimed compensation and damages against another man for having com mitted adultery with his wife. Tho term "oriminal conversation ” was no longer in at home, bocanee in England. the Divorce Court hat jurisdiction which enabled it to give damages to a petitioner an his petition for divorce. Although actions for criminal conversation were no longer necessary in England, they had to be brought in Hong kong, because, while the Supreme Court here had jurisdiction in matrimonial affairs as for as ordering a judicial separation between the parties, it had no jurisdiction in divorce itself. In November, 1906, Captain Mitchell obtained a decres of divorce from his wife n the Court of Session in Scotland on the ground of her adultery with Mr. Lomm.

ACTION FOR CRIMINAL CONVERSATION. The action between Captain J. A. Mitchell, of the Indo-China Steam Navigation Company, and John Lamm, architect, came on for hearing. before his Honour the Chief Justice and special jury composed of Messis, E. J. Hughes Mr. Slade-My friend really should restrain foremaa), J. W. Bolles, E. Shellim, M. Shimself. It is perfectly incompetent for him in Sassoon, M. S. Northcote, GC. Moxon and this action to make any use of the proceedings E. H. Hinds.

that the monies were dus and owing, even applying the law that a statement made by a party to a deed binds him. But in teatly referred to this clause in the mortgage as a security, and if a security, then a security for the amount owing. There was, therefore, a statement in the deed that the monies demand Many visitors wore present at the last two ed were owing in virtue of the demand carnivals in Manila and not one went away with they could not be owing oxcopt by the any but feelings of the deepest gratitude person who was called upon to pay the toward Manila for the enjoyment afforded them. This year it is expected to have money by the demand. This reference to the admission in the deed, although it was made in several thousand people from the China document which was not itself a deed, showed At a meeting of the Institution of Mechanical Australia in Manila during the carnival season, that the intention of the parties to the dead was

coast, Japan, the United States, Hawaii and clearly, if the mortgage did not itself show it Engineers last month at Iiverpool, Mr. A. J. Maginnis said that the advent of the twenties. The committee on entertainment is already that the mortgage was a security for the pay-sitting because he informed the Court that he i century had brought grøst departures from the sking plans to accommodate this infnx of ment by the compradore of monies so demanded was prejudiced in the case.

visitors. Arrangements are now being made

older system of marine engineering, the leading with the steamship companies to give special feature boing the introduction of turbines. As low rates to Manila during the carnival seseon,

reault, be looked forward to great business in the supply of new machinery even for existing Colony will be among those who will be present and it is expected that many people from this steamers, especially ze it would not be necessary during the gain season. Mr. Rosenstock will to replace existing boilers. There was yet is be in Hongkong for several days, and will be sign that liquid fuel would generally supersede wal, although there was no question that it pleased to give full and detailed information presented many features to recommend it for regarding the carnival to all those who desire it,

Underwriters, brokers, and shipowners ure

THE QUESTION OF RAILWAY STATIONS.

THE TIENTHIN-PUKOW LINE.

Mr. Ho Fook was the first juror called, but

Mr. J. T. Douglas was also excused from was excused on the application of Mr., Slado.

Plaintiff claimed from the defendant 215,00 as general moral damages, and 817,187.23 as special damages for money paid and payable in connection with divorce proceedings

in Scotland for the purpose of establishing the guilt or otherwise of the defendant in this ense. His Lordship What is the nature of your objection

Mr. Slade-For reasons of his own, rightly or wrongly, the plaintiff in this action did not make Mr. Lotum a party to the divorce proceed ings. The defendant, therefore, had no oppor- tauity of being represented on these proceedings in Scotland. He is not a party to those pro- codings, and whatever happened there cannot

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LIFELONG ECZEMA

CURED AT LAST

Great Eruptions Broke Out When but a Baby and Lasted 19 Years-- Pronounced Incurable at Hospitals ---Pain and Disfiguration Terrible.

CUTICURA'S SUCCESS

QUICK AND PERFECT

"Cuticura has unpletely cured mg of watery eczema after nineteen years of

Buffering and fruit- less trials of other remedies. I am now twenty-one years of age and. tho eczema began when I was about four months old. It started on my face with a larga eruption like a blister, which would fill with watery matter and thon burst. My parents tried everything they could Think of but the disease spread until my face, amma and handy were completely covered, The irritation and paid wero so great that they had to the lay hands up In wadding to prevent me from scratching the sores. My parents placed mo in a private kospitals When th95 decided to take me away my eczama was not only worse but my health vorý much lowered.

After this, three publio hospitals were each given a fair trial with my oasp and at every one I was at last pronounced inourable. The doctorssaid that I should have these erupliona every spring and autumn. The blisters were a fearfull size and got worse as I grow older. The pain of thesesores was really terrible and the erfect on my health was very bed. Apart from this experienced great disadvan tages from being disfigured, both in private life and in business, for no one liked to come too near me,

"At the nest recommendation of a friend, I decided to give Cutienza a trial two years ago, Almost immediately I lost the pain and irritation and the spots rapidly disappeared. I persevered with Cuticura Soap and Cuticura Ointraent and the reaalt has been to rid my system completely of the disenan. Miss Beatrice Jennings, 15, Novil Road, Stoke New- Ington, London, N., Eng., Dec. 19, '0s." Cullen Remedien nie mad wherever the British Flags pota: Landon, 27, Charterhours sq.;. e de la Paix: Australia, it. Towns & Co. Byday Don 14. Caps 1. 0!0; U.9, A, Potter Drus Chend. Cary, Sole Props, ston

·Part B, the the de L'aleuita: Bo. Africa, Leo

54-18

the circumstances in this case is made up of facts from which adultery is to be inferred. I formally tender the Scotch judgment. Will you rule it ont

His Lordship-The inere fact that the defen- dant was not a party rules it out at once.. The fact of there being a scotch divorce must be entirely removed from the mind of the jury.

Sir Henry Berkolty---I will have to allude to it for the proceedings here. I will have to point out that these proceedings are brought against Mr. Lemm in this Court bucanso Mr. Lemm could not be made a party.

His Lordship-You canuot do that. My opinion is that the judgment should not be referred to, and I said so from the very first. I don't see how it can be mentioned.

Bir Henry Berkeley said he understood that his learned friend had just ruised the point. that plaintiff oright to have made Mr. Lemma party to the proceedings in Scotland.

Argument on the point was deferred,

Sir Henry Berkeley informed the jurors that in July, 1907, when an action was commenced in this Court by Captain Mitchell against Mr. Lemm, claiming damages as he was now claim- ing, those damages included a sum of money which Captain Mitchell was liable to pay on account of proceedings he had taken elsewhers charging his wife with adultery with Mr.

Lemm

Mr. Slade - If my friend is stating these things he ought to state them accurately: charg

on the strength of which another and farther by the arm, and so owing by the compradors, security in cash was given by the agreement

the judgment in the Court below should be in Edinburgh. His Lordship was, therefore, of the opinion that

reversed, and that judgment be entered for the plaintiff with costs of the Court below and of W. Looker (of Messrs. Descon, Looker and

Sir Henry Berkeley, instructed by Mr. H.be referred to in this case.

His Lordship called on Sir Henry Berkeleying her with adultery with Mr. Lema and

several other people. this appeal.

His Lordship -Even that is premature. The Descon) sppeared for the plaintiff, while dafen. fact of adultery with anybody was The Paisne Judge, after dealing at length dant was represented by Mr. M. W. Slade, who not proved by the Scotch judgment. In

ease lies got to be proved. with the facts, said the position as he ap prehended it was shortly as follows When a

circumstances it could only be held to preve the fact of sullery, but it did not prove against Chinese customer got good from the firm and

the present defenitant. made default the vendor then suffered a loss, but he had taken from the compradore an assign.

was instructed by Mr. P. M. Hodgson (of Mears. Ewens and Karston),

Bir Henry Berkeley opened by reading the pleadings to the jury.

The statement of claim showed that the

The

the

Sir Henry Berkeley said he was entitled to prove the fact of the divorce in Scotland.

His Lordship-If you could do that you need not call any witnesses.

of the Beotok judgment. That judgment, as a foreign one, was admissible in erilouse in the Court of England,

Bir Henry Berkeley said he was aware of that. In order to proceed with his action in 1907 Captain Mitchell had to find security for costs. This he had to do because he was rarely in Hongkong. He was ordered to give a sum of $2,000 as security for the costs of the defen- dant, Mr. Tanım.

His Lordship-The tail of the horse is on

open the case of adultery.

Sir Henry Berkeley said he was proposing to do it in a much shorter way, and in a

which would bo way

more comprehen- sive to the jury, Proceeding, he stated that *BR B resalt of the proceedings

marine propulsion. The use of electric power for many purposes on board ship was alo largely on the increase. There was no ladica. tion that the great horse-power of the Zusitania and · Mauretanis would be exceeded or even- equalled for some years to come. Mr. Herbert

On the occasion of the retirement of Li Te.ment of leaseholds by way of mortgage, with a W. Wilson, of Liverpool, stated that at present Shari, the director of the Northern part of proviso that the compradore should not be plaintiff was a bankrupt and master mariver in

ir Henry Berkeley said that would not be from 700,000 to 800,000 electrical horse-power the Tientsin-Pukow Bailway, it was asserted entitled to redeem unless on demand be made the employ of the Indo-China Steam Naviga tion Co., Ed, who carry on business at When the demand was was employed in the textile manufactories of station at Tientsin to be constructed in the made the monies became owing, and that meat, absent from the Colony, but carried on business of the divorce, and be could prove it by means

that he had endeavoured to cause the railway good that loss.

Hongkong. The defendant was at present sufficient. He was entitled to prove the fact the hosd Don's open with damages first, but the world, and it was increasing at the rate of neighbourhood of the German settlement and he thought, owing from the compradore. 70,000 to 80,000 horse-power per sunum.

that he had received large sums of money as a bribe for that purpose from the Dentach It would have been simple enough to provide an architect at 64, Queen's Road Central. Asiatische Bank connected with that company.

that on losses being increased the firm might At the time and places hereinafter mentioned We have been asked to state that, althongli go against the property, sell it, and recpap the defendant unlawfully debauched and carnal argely hate rested in the principle involved in it was a question at the beginning of the theangelres. But that had not been done the 15 knew one, Henrietta Maud itchell, she then the Gunford decision, gives in the Court of negotiations of constausting the station partly Session, Edinburgh.

The decision has pro on German, partly on English territory, never proviso was that they must first ask the compra- being plaintiff's wife and bearing his name, (a) theless, during the course of the whole negoti. dore to pay. He must get a demand in writing. February, March, June, July and August, 1899 duced a considerable amount of comment, and ations, which were conducted with fall publicity On this demand he might, if he chose, pay, and st. 4 and also at No. 8, Granville it is claimed that it will, if undisturbed, be very neither from the Gorman nor from the Englisk

on payment be was entitled, subject to the prejudicial to the best interests of both ship. side were offers or promises of any kind made owners and underwriters. Important points to the Chinese negotiators nor to any other terms of the instrument, to redeem his property. Avenue, Kowloon, during the absence of the plaintif from the Colony.. (b) On for underwriters are that the sailing ship

Chinese officials.

If he did not pay, the money did not

occasions in the months of June, July and In the farther course of negotiations, the Gunford whilst on a voyage from Hamburg to Chinese Government, quite according to

cease to be owing, but he was not so far. Santa Rozalia in 1907, was wrecked on the European custom and with full publicity bound to pay. It was entirely optional for bin Angust, 1900, which the plaintiff could not Brazilian coast. As the result of a Bound of demanded from both of the concessions & to pay or not, and if he did not pay be more particularly specify, at 4,Granville Avenue Trade inquiry the master's certificate subsidy towards the expenses of building the could not be sued, bacias he had, it seemed, (o) On occasions during a period extending

was railway, which absidy was quoted at such a

at No. 6, Bose Terrace, Kowloon; (d) son unknown. suspended for 12 months, and the Court con-high figure that negotiations had to be given expressly refrained from agreeing to pay. He from January, 1901, to September, 1902, inclusive, had instead of that provided a security, the On the 12th and 13th October, 1904, at sidered that the insurance were oxcessive. A up sa hopeless. large proportion of the anderwriters denied When finally the site for the projected property, and the parties had apparently or

station was selected at a spot far removed from pressly agreed that the firm should resort to that the Boa Vista Hotel, Macao; fo) Cn the to prove the fact that the plaintiff's wife was liability, and ploaded inter alia that thero wow the European settlements (which caused thee in default of payment. On the mortgago alone 11th and 12th December at the Boa Vista divorced. He submitted that he could put in the fue steamer, Fook Sang. About seven

On different occasions in the months

of

His Lordship- Between the pattes ? Sir Henry Bathbley-Yes, yes His Lordship-Mr. Lenn was not a party. Sir Henry Berkeley said he desired to prove which the plaintiff had taken in consequence of the fact of the divorce for what it might be the wrongs done him by the defendant, the worth; just morely as the fact of the consequence former had incurred such liabilities as to cause flowing from the defendant's act. He produced him to become bankrupt. Therefore, to-day be the judgment of the Court of Session for that was a bankrupt, and that fact was due to one of purpose, and argued that all judgments of the the direct consequences of the wrongs done him Court of Scotland were simimible.

His Lordship You will prove the fact that the Scotch Court filed a divorce with some per- Sir Henry Berkeley said he must be allowed

Hotel; (f) On occasions in the months of the judgment of the Court of Session. April, May, June, July, August, Soptom-

His Lordship-How does it affect this case! ber and October, 1905, at Eran Bungalow, It is not relevant. ather wise known as Cherub Villa Observatory Sir Henry Ierkeley. It is referant to the Boad, Kowloon. In consequence of the ssid fact that divorce was granted. Thon misconduct of his wife with the defendant, the I can proceed to show with whom, apart from Plaintiff on November 7th obtained a decree the judgment.

concealment by the assured of the following settlements to take no further interest in material facts-namely that a captain had been the matter) a Chinese syndicate, knowing how the firm could not sue him. It was recognized appointed who had not been to sea for 22 matters stood, bought up large quantities of that a demand might be made on him, but on years and had had his certificate suspended and near the spot chosen, as a sporulation. his default they could only go against the land The German and English communities were. The effect thon SAR that under the for six months for losing his last ship, und neither directly now indirectly concerned in this that in addition to insuring a vessel not matter.

mortgage deed the liability of the com worth £10,000 for the sum of £18,500,

pradore, not being a personal liability, the assured and offected honour or disbursement

was limited by the value of the mort

of divores from the first division of the His Lordship That is irrelevant to this policies for £11,000, so that a loss would beplerion, Mrs. Ellen's Creme Charmante, Lait gaged property. A much greater amount wight i

Court of Sessious, Edinburgh. The costs issue. One of the points which is not at all highly advantageous to him. A prominent harmant and Special Skin Touie and Foudre bo owing, but he need not pay unless he chose. London anderwriter gave evidence on behalf of Charmant will enable you to do it. Her If he did not, he lost his property. Or, if for and expenses which the plaintiff had paid settled is how for the finding of feet does bind

Specialities for the Skin are the study of a

become liable to pay amounted to Either it is evidence or it is not. the Institute of London Underwriters of the fletime. A. E. Watech & Co. Ltd. Sole Agents day sentimental reason he preferred to keep his 1 materiality of these farts, but the Judge has

property he must pay the sam demanded, which $14,359.14, and particulurs of the special damage

were' set out.

How to as BRAUTIFUL-Koop your cors-

453

or

Sir Henry Berkeley-A fast may frequently! te evidence for what it is worth. The whole of

by the defendant. Captain Mitchell had been in the omples of the Indo-China Steam Naviga

service as a mate in 1991, and worked his · · tion Company for 19 years. He entered the way up by his steadiness, good conduct and ability as a seaman until he now commanded

years after he entered this service Captaiu Mitchell was in a position to bring his wife to Hongkong frem australia. About that time he took the lease of a house at No. 4, Granville Avenue, Kowloon, for four years, and furnished it in a way suitable for the wife of a shipmaster. In bringing his wife and child here, Captain Mitchell decided to make Hongkong his head- quarters, and naturally looked forward to years of happiness and comfort with his family. Mrs. Mitchell left Anatralia sometime in (Continued on page 5.)

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