THE HONGKO DAILY PRESS, THURSDAY, JANUARY 22ND, 1920.
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RECENT SHIPPING -¿N
MARINE INSURANCE
DECISIONS.
www
ALLY. CONTRIBUTED TO TAB "HONGKONG
DAILY: PRISS."]
CASE: 9.
ALLEGED "BOYCOTT
PROPAGANDA.
CHINESE WRITING ON THE WALL
Inspector Grant produced the paper on which the characters were written, advis
Against this it was contended that the error in description "must be of the subject matter insared, that is, of the goods themselves, and that the planse does include a misdescription of the A Chinese was charged at the part of the vessel in which the goods are Magistracy, yesterday, with writing to be carried. Moreover, that notice of Chinese characters on a wall in Seymour Deserting Scamen. Captain's Duty to the error must in any event be given Road, calculated to provoke a breach of
Make Certain Entries in Log. to the underwriters within a reasonable the peace.. Nine seamen deserted from a ship in a
time after the facts, have come to the foreign port and left no effects on board knowledge of the assured Tha Log contained an entry recording the desertion of each of the uine men, but no statement of the amount due to ang of them on account of wages at the time they deserted. In his Sonmen's Wages Book, however, the Captain had entered up the amounts due to seven of them and the amounts overpaid to the other two The Captain was summoned for failing to enter in the Log a statement of the smount due on account of wages. It was claimed that his failure to do so made him liable under 28 (L) of the Merchant Shiy ping Ach, 1900, by which, if a seaman "left behind out of the British Telande," the Master of the ship must enter in the Log a statement of the effecte left on board by the seaman, and of the amount due to the scaman on account of wages at the time when he was left behind."
Except for the fact that the men had left the ship nothing further was known' as to their whereabouts.
har
CORRESPONDENCE.
THE INDIAN MEMORIAL (TO THE EDITOR OF THE "HONGKONG" DAILY PRESS."]
SIE,-Will
you kindly allow the following lines to be inserted in the columns of your valuable paper. in the interest of the Indian Community!
When the nows of the passing of the Held: Clause of the Institute Cargoing people to refrain from purchasing India Bill reached the Colony, a meeting Clauses did not protect the assured. It goods from Sincere's, the Sun Co. and the of certain Indians was called, at Mr. is an implied term of the contract, in Wing On Co., on the ground that those F. M. H. Nimazes's Offico, to discuss the the absence of any express terme as torms were enemies of China. The prin- question of colebrating that historical notice, that notice must be given within a cipal witness for the prosecution was a erant: These gentlemen, accordingly mot reasonable time after the "error"
chair coalie who gave information to the and formed a working: Committee, but come to the knowledge of the assured, Police, resulting in the arrest of defen since the composition of the Committee if he wishes to rely upon the Clause. If
dant. The coolie, however, was not pre- which claims to represent the whole- the assured does not give such notice, the
sent in court,
Indian Community has been made known risk is not covered. This rule of law is necessary, because the natural tendency the assured is to wait and see if the matter goes through all right, and only in the case of a loss happening to give notice to the underwriters. In order to meet that tendency the stipulation as to notice is implied. The construction of Clause & is very dificult, and it is hoped that the committee of underwriters will consider the clause and make up their minds as to the meaning they wish to attach to it, and express that meaning in language which an ordinary assured will understand.
*
W
Defendant stated that he did not know. the meaning of the characters which he to the public great discontent has pres characters on a wall and morely copied had written on the wall. He noticed the väiled. There are them as a sort of practice in writing some of them well founded, but the ques many complaints,
noticed reference to a lost country
A Chinese detective stated that he tion is whether this discontent should bo written on the wall and made enquiries.
allowed to grow to such an acute etage Ha szaced the writing to defendant, who where all national cforts are doomed to admitted that he had written it. the translation of the writing-
The case was remanded till today for produce no useful issue; or would it not be better for the Community to devise some means to allay the discontent and". work together for the desired object which is stated, to be a
"Permanent Memorial."
GAMBLING.
gambling at the Magistracy, yesterday...
Ten Chineso were charged with Only one man admitted that he was playing for stakes; the rest said that the game was merely a pastime
With whom were you playing?" ask.. Capacityed the Magistrate of the man who had pleaded guilty. With the rest of the defendants replied the man.
CASE 11.
Deadweight Guarantee by Shipowner.
chartered his ship to C. to load a full and complete cargo of maize in bags sad to proceed as ordered to any safe port in the United Kingdom. Freight was to be paid at a rate per ton which varied and depended on the port selected by C. for discharge.
The Captain contended that it could Charterparty. not be said with certainty that these 7 men had been left behind" at the port where the desertion took place; that there was a strong probability that they had
* joined other vessels and had gone to sea before his own ship left the port; that it was not the custom or practice of ship- masters to treat deserters, who it was believed had deserted to join other ships, "left behind"; and that these words were usually applied to men unable to join in consequence of accident, illness, misadventure or the like, or to men imprisoned for some offence, or under
a zen
restralat.
A clause in the, charterparty read as follows! "The qwner guarantees the tons and freight to be paid on this quan ship's deadweight capacity to be 3,000 tity: On this, C. paid freight in respect of 3,000 tops.
When it came to loading the cargo it was found that the cubic capacity of space on board was insufficient to allow of storage of more than 2,000 tons of maize in bags. 100 tons could not be load ed, and C. "claimed, as damages for O's. breach of his guarantee, the amount which he had paid as freight in respect of the 100 tona.
Held: The words left behind" cover not only the case of Bowman left on shore then the ship actually sails away, but also the case of a deserter as to whom, It was not disputed that the ship was from the mere fact of desertion, it is in fact of a deadweight capacity of 3,000 impossible or difficult to knot whether be tops, and that she would take on board is left behind on shore or has sailed the cargo to that extent without sinking another ship.
the ship below the proper load-line.
The words left behind out of the British Islands" mean that the Captain must make the entries in respect of any seaman whom be has not brought away with him from any foreign port, and it is immaterial whether the man is stand ing on the quay, in in prison, or had joined another ship.
CASE 10.
Marine Insurance. "Held Covered"
Clause.
Error in Description of Interest.
A constable" stated that he raided a house at Hunghom and arrested defen- dants who were playing dominoes for money.
Mr. Smith fined each defendant 82.
A
PATTEMPT AT SMUGGLING
SALTPETRE.
The Indian Community has well known sub-constitutions such as
the Khalsa Diwan, the Islamic Union, the Indian
Muslim Society, the Indian Army and the indian, Merchant "body, and there is no doubt that, with the exception of the last-named body, none of the remainder were invited to meeting to give their opinion; but if the present Committee does not fully represent all the Sections and Creeds of the Indian Community, would it not be better for the Chairmen
*
день
Magistracy, yesterday, with being in tione, to call for a combined meeting and
Chinese was charged at the of all the above mentioned sub-constitu unlawful possession of a quantity of salt appoint petre and sulphur.
popular "Committee, plan of a memorial! rather than sit down and give up the
WELL WISHER.
Defendant was arrested on a Chinese Wharf, when attempting to leave on the baskots of salt fish, and inside the baskets Lương Đông, He had a number of were concealed the sulphur and salt- petre.
ixpressed a desire to have the stuff ex- The case was remanded as Mr. Wood amined by the Government Analyst.
»
THEFT FROM THE NAVAL YARD.
A Chinese, who had been employed as the Naval Yard for over four years, was with stealing two brass taps, belonging to charged at the Magistracy, yesterday, the yard.
C. contended that as O had. notice of the nature of the particular cargo to be shipped. (maize in bags), the guarantee clause should be read as one by which he guaranteed that the ship would be of a He was arrested on Tuesday night while capacity to take, and would be able to leaving the yard. carry, 3,000 fons of maize in bags. C. were concealed round his waist.
The stolen articles further contended that in saying in the | Mr. Wood sentenced defendant to two guarantee cause" freight to be paid on monthe hard labour and four hours this quantity.", he and O. were in stocks. fact contracting with reference to the weight to be carried, and were calculat- ing the amount of freight on that basis, and not with regard to an abstract ques tion of the capacity of the ship.
greation,
O desired to ship his motor-car to 0. argued, and with success. that the foreign port. He accordingly engaged guarantee was a measure of the capacity P., a packer and shipper, to collect the of the ship, of its general carrying capa- car and pack and freight it to the port city irrespective of the particular cargo in question, and to insure it. T which she was to carry on the voyage în
P insured the car under a policy in the ordinary Lloyd'e form against usual perils on a voyage, the insurance being described as "on motor car and accessories (in case), £500, valued The Institute Cargo Clauses were attach ed, clause 4 of which was as follows: 'Held, covered, at a premium "to be ar ranged, in case of deviation or change of voyage or of any omission or error in the deserimion of the interest, vessel or voyage."
Hald: The words "the ship's dead weight capacity" refer primarily to the ship's lifting or weight-carrying capa city in the abstract. The mere fact that maize was mentioned elsewhere in the charterparty as the cargo in fact to be carried did not change the meaning of the guarantee clause. The charterparty evi- denced definite agreement to pay freight by way of a lump sum calculated The bill of lading under which the of the ship, and not on the quantity of on the guaranteed deed weight capacity car was shipped described the goods as maize or the quantity of bags. "one case motor car on deck at shipper's It would have be different if the risk" The car was carried on deck clause had read: The owner guaran throughout the voyage. The ship met tees that the ship shall carry not less than with rough weather and in consequence 3,000 tone dead-weight of cargo." That the car was se demaged that on arrival it would have been a guarantee that the was found to be beyond repair and valudship would carry 3,000 tons on the voyage
in question.
legs.
UASE: 12.
No notice was given to the Insurance. Company, until after the loss, that the Re car was shipped on deck. The Company repudiated all liability under the policy Charterparty. Broker Commission, on the ground of the non-disclosure of Custom Contract this fact. It was admitted that there was Lo usage that a motor car carried on Preas, January 8th) an unsuccessful In this case (as in Case 4, E.K.D. deck was covered (though not insdred attempt was made to override a contract specifically) within the meaning of Bule
by custom
"
"
NANNING NOTES. [FROM OUR OWN CORRESPONDENT.]
January 12th.
SERIOUS FIR
• Last week a big blaze took place in the city, in the narrowest street of all, and in a very short time no less than fire is said to have originated through a 38 houses were completely burnt out. The
caught up a lamp and threw it at her man quarrelling with his wife; the latter husband, with the result that the house was set on fire Owing to the dryness of the past month and the fact that there were many blacksmiths' shops in that street, the fire spread with extraordinary rapidity. The large new house of the Tuchun, the Bap-ist Mission chapel, and the Telegraph Office, were all within a Brigade, was charged at the Magis was, the telegraph wires suffered a good few yards of the conflagration, and had A Chinese fireman of the local Fire An exceedingly narrow escape. As it tracy, yesterday, cents from a matened in Conduit Road.
with stealing 80 deal, and were out of working order for Defendant had assisted in putting out
a day or two afterwards. & fire in the matshed, and seeing the 80
THE SINCERE COMPANY'S NEW SHOP. cents on the ground, he picked it up and put it into his pocket, without informing
body of it He was fined $3.
•
THEFT BY FIREMAN.
with the iron in his possession.
A Chinese detective arrested defendant
inhour and four hours, stocks.
He was sentenced to two months bard
Japanese goods, there seemed to be some Owing to the campaign against uncertainty whether the Sincere Ca would ever be able to open here after all, though they have spent thousands of dollars on the largest building availing .THEFT FROM THE RAILWAY.
in Nanning, one recently erected by the present Civil Governor. The students, A Chinese Magistracy, yesterday, with stealing a
charged at the having taken upon themselves to examine piece of iron belonging to the Kowloondemned about seventy cases consigned to
all the goods brought into Nanning, con-. Canton Railway.
Sincere's, on the ground that they were Japanese goods. An appeal was made to who, with a greater knowledge of English the Headmasters of the larger schools, than the students, declared that the things were not Japanese. As a result the stud- ente started a boycott of their Head- masters, and refused to attend school unless these were deprived of their office. A Chinese who had lately returned Judging discretion the better part of from America, was charged at the valour, the Headmasters all resigned, and Magistracy, yesterday, with being in the wrath of the students was appeased. unlawful possession of two Colt revolver However, the new shop was opened last cylinders
The cylinders were concealed in a bottlemony, and up to the present moment week, without any full or public core- of sweets and were discovered by the there has been no breach of the peace, the Police when they searched defendant's students contenting themselves with de
Defendant was fined $100.
clamations from the terrace in front of the shop."
AMMUNITION SMUGGLING.
thú
COMMERCIAL DEVELOPMENTS.
17 of the Rules for Construction of Policy in Schedule I. to the M.I Act, 1006**:
O chartered his ship to C. to. Jdad a There was evidence that the risk was cargo of grain and proceed to a named C. refused to hand it over, claiming
With a capital of $100,000 a scheme has very considerably increased by the car port and there deliver the cargo on being that the broker was entitled to commisbon set on foot by General Lyk Wing-ting. being carried on deck, and that many paid freight. The cargo was to be siou, not only on the freight but also on and Tuchun Tam, to open a camphor underwriters would refuse to insure at received at the port of discharge at a payments which were made in respect of factory at Hu Yuen, where there are zaid any premium a car carried on deck certain rate, in default of which demur demurrage. He argued that, as against all risks, and that those who was to be paid at the rate of £120 modern form of charterparty was com
to be 150,000 trees. They are now only waiting for machinery to arrive, in order would be willing to insure it would re- per day
monly expressed commission to be paid to start the factory. Another scheme quire an unusually high premium stated A commission of 21% is due on rage," ie, that as commission on the
One of the clauses in the charterparty on freight, dead freight and demur- under the encouragement of the Tuchun, The question was, Did the pobos apment of cargo to C., vessel lost or three items was commonly contracted for, 5000,000, to make use of the cotton which is for a Yarn Factory with a capital of bffected cover the car on deck Staros the body of the policy was condadd, toot lost, whose agents at port of lodding therefore, such payment was thor Province. An unusual feature of the is now being grown extensively in the was concede that it did not. But it was to attend to ship's business on customary and was recoverable in this case, although argued that ander Institute Cargo Canse terms." This was in keeping with the cur-not specifically stipulated, for in the financial arrangements is that the capital 4 the assured was held covered because rant practice of inserting the broker's charterparty.
i divided up into $1 shares and $150,000 the subject matter intended to be insured right to commission in the charterparty, Held: The £137 should not have been to be an aside as a kind of lottery, was a motor car carried on deck and the charterer receiving it on behalf of the deducted and must be refunded. there was an "error in the description)
providing prizes for certain lucky num broker.ENG
charterparty referred only to commission-
bors. of the interest in not having so At the port of discharge, demurrage payable on freight, which was more or A company has been formed to open ribod it, and that the policy way here C to 0. In paying the secount for when the cargo was in fact shipped. Turface area of ten square miles has bee amounting to £5,480 become payable by less ascertainable, though not definitely, coal-mine in Tein Kong Yuen, where lore effective on payment of the extra freight and demurrage, O. deducted the justify such a payment on demage of tion has been made to the Tuchun for premium to be arranged."
acquired for the purpose, and applica sum of £137, representing 3 per cent. well as on freight, there must be proof The Rule reads: "In the absence commission on the sum paid for demur of a definite custom not inconsistent with permission to start the mine. of any usage to the contrary dock rage."
the contract, or it must be established on GAMELING MONOPOLY. ⠀⠀⠀ *** corgo and living animals must be 0. demanded this sum back, contend the construction of the charterparty in insured specifically, and nog andering that commission was payable on question. The charterparty gave no such the general denor tion of freight only, and not on demurrage right, and no custom had been proved." gooda"
(Contiqued at foot 4 neat column.)
G.W.
The
in Nanning has been granted to one man The right of opening Gambling Saloons as a monopoly, and in consequence, number of the saloon have been closed,