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SHIFTE
MARINE INSURANCE
DECISIONS.
CASE 18.
Requisition of Ship by Governme
Effect on Charterparty.
to Hulle da to the duration of the war, or which the
Admiralty require menta may depend. It is enough that events which are of public notoriety ins
[SPECTALLY CONTRIBUTED TO THE NONURUSO dicate the duration as one about which
DAILY PRESS.1:
there is no apparens certainty of which a Court of Justice can take cognizance. Is might be proved. possible to make a freeb start within what turned out to remain over of the time of the charter. Bat it equally might not.. I am, there fore, unable to ses how the contract can be properly looked on as only temporarily interrupted. I think that the entire contract was avoided.
ד ֿ
To what extent the rights and! liabilities of parties to, and dependent upon, a charterparty effected by a requ sition of the ahip by Government!
Apparently, the first case of this point came before the Courts in 1915. when a sch Judge (holding that the charter King's Beach Judge held that the requi- was at an end) -She may be retained in sition did not put an end to or suspend the Admiralty service while the present the charter. In the Court of Appealy the war fasts, and even after it has terminat thres Judges unanimously agreed with ed. Nobody can possibly tell how long thia view. In the House of Lords there it will bast. At the present moment was a division of opinion, only three out about one year eight months of the five of five opinions being in agreement with
years remain unexpired. C. may never the original decision.
gas any further use of the ship. The owners cannot deliver the ship into C.'
tion and control and may not for years be in a position to do so. I think each of the parties is now entitled to treat it an an end
The rule now applied by the Courts when this `question arises is as follows::- If the requirition is likely to outlast the whole remaining period of the charter party, then the contract will be treated as at an end; but if the requisition ir likely to last for a period substantially less than the remaining period of the charter, it will not be treated as at an end,
Let us take the bare facts of the case, and observe the manner in which these Judges viewed the situation..
possession
BASE 17.
HE
FORTECOMING RACES.
YESTERDAY'S GALLOPS
The following times were taken on the Race Course yesterday morning
Sposted Sand-37; 1.18 1.47.1/63. 2.20.3/6; 281.2/5.
SPORT.
CRICKET:
WILTSHIRES REAT R.G.Aki
For the first time this season the R.G.A suffered defeat at the hands of the Wilt - Malcolm ---38; 1.12; 1.43.2/5; 210
ahires Scoring on both sides was Pile Driver 34 1.09; 141.9/5;sistent Lnd steady, and the game was woOD 211.3/5.
WILTKHINES.
Red Robo-5; 1.28; 2.06; 2414/5; by a matter of seventeen runs. 3.18.3/5; 3-48.9/6
Lt. Bearen; e Mann, B Olliver Major Timmib Olliver Pte. Harris, run out
Kalamazoo-1.15; 147, Plain John-34; 1.08.3/3; 1.49; 2.13. Salamander 40; 1.20; 1.57; 9.30. Brutus 1; 1.15.4/5; 1.47.1/5; 5.20. Cadzow's Tarn.—36,9/5; 1.11; 1,424/5. Farmer, and King Bruce-39; EB; 1.49; 2.81.3/5.
Pink Eye-38; 1.19; 1.45; 2.17.4/5. High Tide-33; 1.06.2/3; 1.37.2/b.. Mammy's Child-3713/5; 1:13.9/5; 1.59; 3.27; 3.00.3/5..
217.2/5. * Bunaway Light-35; "1.09.4/5; 14;
"Uthella-31; 1.06.9/5.
Scores:
Captain Hooper, std. Talfourd,
Ölliver
WAPSK
Capt. Betts, e Mann, Olliver Capt. Beaver, Thornton, b Davies Capt. Blockley, b Davies Sgt. Holdman, e Talourd, b Davies 20 Pte. Burton, b. Davies.
L. Hannes, and b Olliver. 16 Lt. Denne, rot out
Extras
•Total
Clansman and Vivat-39.9/5; 1.06.3/5;
Spoilt Child-37; 1.129/5; 1475 2,197 Sinza and Chimes-343/5 14
Talisman-35; 107; 1.413/5 Slam-411.21.4/5 1.53.2/5.
"Bowling Analysis.
Olliver
Davies
O... 18:1 18.
1.00-25;
1.40
248.2/6.
Cameo and Tarzan. 38; 1.084/5; 1:42.1/5
Naughty Child 38; 1.11.2/5; 1:42; 2.21.9/32.56.2/5...
King
Cole-30; 1.10; 1.43.
Conqueror Dahlia-94; 1.10.2/5; 1.48;
2.19; 2.51.
Siamese Cat-37; 1.13; 1.48; 2.10.1/6; Islesman-37.1/5; 1.12.15; 1.48; 250.27
This being the rule applicable, it has been the practice, in subsequent cases. to adduce the evidence of shipbrokers to prove how long, from their experience, the partice as reasonable business men ought, at the date of the requisition, to INFLUENZA: MASKS FREE OF have expected that it would last.
CHARGE.
ALSO FREE SERUM TREATMENT IN JAPAN.
Capt. Olliver Parton, by Harris J Mr-fiar, Talford. b Bleckley ........
Cpl. Mann, é Harris, b Purton Capt. Davies. b Hannan...
10
Major Bagnall, a Boayer, d Herrin... 18 Lt. Golding, b Purton
Lt. White, Purton
"C.S.1. Pragnall, b. Harris
LL Thornton, not out
Lt. Burt, e Hooper, b. Harria Lt. Jones, 6. Harris
Extras
Totill
Bowling Analysis.
Furton
Harris
Hannan Bleckley
R. 041
10.4 0. 09
6 0 36. .3.0
CIVIL SERVICE ». 1.R.C.
.194
An application of this rule in any case involves, it will be obvious, a finding of pure fact. The uncertainty of the view which any particular Court of Judge will take of the fact is well illustrated by the The following is a case in which such casc above referred to; it was in the evidence was called and acted upon. application of the rule to the circum. chartered his ship to C. for one, year stances of the case that the Judges in from March 29th, 1915. On October 8th,
A recent issue of the Japan. Advertiser. the House of Lords were divided into a
{"days">===" after approximately 1 month of The great rapidity and virulence with opinion.
the period had rita, the ship was requisi-which the influenza epidemic has been sioned. The hire was payable per spreading in Tokyo during the last week calendar month in Advance C. paid lity, have alarmed the municipal authori-Service in a friendly match against the or so and the increasing, rate of morta,
The following will represent the Civil
tho-hire up to October 30th, but refused ties who have decided to adopt every RC. on the ground of the latter, on to pay any further. O. thereupon sued measure calculated to be effective in Saturday next:-A. E. Wood, G. E. the charterparty. The charterparty in-edse C. to recover the balance of hire under combating the further spread of the die Bayer, B. W. Bradbury, BC Witchell, oluded the exception of restraint of The municipality proposes to give. Syme Thomson, H. E. Strange, P. T. princes
serum treatment to 180,000 people free of Lamble. A. W. Grimmett, G. Hr Piercy, who during the war had chartered many and other preventive measures wilt be
Bridence, was given by a shipbroker charge and the necessity of wearing maak C. G. Beaven, and W. H. Edmonds. teamers. He stated that in October, impressed on the people by means of the 1913 (1. the time when the requisition distribution of cireulars and of cinema was mide, which is the point of time shows The free serum treatment will be which has to be looked at when applying commenced in various parts of the city The rule) Vesmals were very freely requisi-from January 16th and it is also prom toset by Government, and that the posed to give serum treatment to all the rener at "he pectation of the period of de school children in Tokyo numbering Lention at that time was that it was a 950,000
O. chartered big ship to C. for 5 years from December 4th, 1912, to December 4th, 1917. The charterparty contained an exception (inter alia) of arrests and restraints of princes, and also gave C. liberty to sublet the ship on Admiralty or other serv
On February 18th, 1915 (.c., when the charter bad still nearly three years, run) the ship was requim Admiralty.
US
Did this determine the charter? There was little or no evidence se to the likely duration of the requisition at the time it was made. Both sides agreed that the Court should not confine itself to the facts as proved, but should consider, in addition, all relevant matters which had taken pince since the first hearing of the case, with a view to determining whether the charter had come to an end.
At the date of the judgments, from which extracts are how to be quoted, the abfo was still under requisition, and there were still some 18 months of the charter
period of 5 years, unexpired
1st Judge (holding that the charter was not at an end) No one knows how the Government will continue to gas the
26
other crowded places. The police autho- rities have decided to distribute masks free of charge among the residents of the
question of good-bye to them, that there The health authorities are said to be as no expectation of return that it was considering making the use of masks thought would be returned at the compulsory in the street cars, trains and end of the war that the owners very seldom got the vessels, back; and there was in this case no reasonable anticipa ton of getting the vessel back in 5 months the unexpired period of the charter at the time of requisition).
siuras.
HOOKEY
HONGKONG H.C., 3; GARRISON, 1.
The Hockey Club met a strong team drawn from the Garrison at Happy Valley yesterday, and very closely contested game was witnessed. The Club lacked :Railton at back, and missed him, W. W. Mackenzie, who took his place, being somewhat low. The Club was, however, well served by the haves-Mitchell, Martin and Hale-who played an equally strenuous game in offence and in defence. The Club forward line missed Edmonde. Taken altogether, the play of the Club quintette yesterday was not convincing. The Garrison team was obviously not as strong as it might have been. The for
of American Trade in China, the Vice ledge of each other play, that is so,ncces wards, of whom Larkcom was, as usual, In the course of an article on the future the most conspicuous, lacked that know- President of the Paris Union Banking sary in hockey. Gallagher and Seouler in Corporation (Mr. B. T. Aspden) says the hall line and Coles at back played Prior to the war England was for years
fine game indeed. The military goal- the purveyor to the Orient, Her goods,
speedy Club forwards set a bot ment Providing for Forefeiture of trenched in the Far East markets and right from the commencement of the Bonus on Desertion
On this, the Court bald that the charter- Party, was determined. The Court also referred to public events in connection me, as leading to the same conclusion with the war which were occurring at the that the requisition was likely to outlast
the charter.
CASE 18.
TRADE IN CHINA. BRITISH AMERICAN GOODS.
Pessel, but, so long-ae, they do, use hee; Scaman, Megality of Clangé in Agree and her business bouses are"
firmly led his side from a heavy defeat.
neither party to the contract can carry out the common adventure. Taking into
infer that the interruption either his ship articles) made in England between it unreasonable to require the parties to it was provided: been or will be in the case such se makes the master of a British ship and the crew, go on There may be many months during which this ship will be available for commercial purposes before the fos years have clapted. It might be & Valu able right for C. during those months, to have the use of the ship at the tapu Iated freight. Why should he be deprived of it; (Note: The charterers were, in this case, resisting a claim by the owners that the charter was determined by the requisition.) No one can say that he will or that he will not regain the use of the ship, for it depends on contingencies that are incalculable.
pace
terri-
put to prevent scoring.. The Club
are well liked. It is, therefore, but a ball was taken to the soldiers, arti account all that has happened, cannot B. an agreement (contained in the question of time, despite the dislocation where Coles and his partner were of commercial rontea, before she has refront line wars rushing so strenuously covered from her temporary inaction. that practically the whole of the milita Hor industries, once more adjusted to team went into the defence. Glens active campaigning to sell her goods in Braga and the requirements of peace, will begin saved threcenzie. Besides this,
M
shots from Bim the world's markete. It is but a short Mackenzie and Sim missed perfect mittera period at most, before American goods before the military relieved the presmare. and manufacturers will be forced to meet
When the
rushed, they scored a the severest kind of competition.'
somewhat unexpectedly. The referee i not notice that Knight was stand offside. Knight centred from outside to Larkcom, who gave it in the nick of time to the inside right. The latter, un marked; shot high into the net from close in, giving Jones no chance. The Club were on the aggressive after this and The net salt revenue, after meeting again Sim and Mackenzie missed
chances of scoring The goal-keeper stop
possible administrative expenses, paid into the ped at least one magnificent shot from group banks during 1919 amounted to Braga. The soldiers made several 1918. All obligations secured on the salt ling and Mackenzie were able to $60,050, 500 50. Increase of red in the salting and to in territory, but Hiek corner was once conceded funds released to the Chinese Gorern against the
Ought we to imply a condition in the contract that an interruption, such, this requisition is, shall excuse the par
(1) All members of the crew will be paid 15 per cent, war, bouns over and above the rates appearing against their names on the articles for the voyage or during the war, de,, whichever terminates "first. (2) In case of desertion and for being paid off abroad the above bonuICA
ill be forfeited." (3.) The, wages entered against the respective names therein represent increases over the Company's scale rate ruling at the outbreak of
war, which increases are added as
awar bonus.
This agreement subsequently came, be above, was held illegale
CHINA'S BALT REVENUE.
OVER 880,000,000 IN 1919,
more
tics from farther performance of it I tore the Courts, and stipulation revenue were fully met and the surplus them on, and the Club, getting
THE YARN MARKET. Messrs Polishwalla and Kotwall,
think not I think they took their chances of lesser interruptions, and the It is perfectly clear that if the agreement amounted to 875,213,449, including away with the ball, acored an equaliser condition I should imply goes so further ment had contained such a stipalation the contribution of 86,205,750 received Evans ran the ball down the field and than that they should be excused if sul with regard to wages pare and simple, from the Maritime Customs. Of this passed to Brand stantially the whole contract became in that if a seaman deserted, or were amount, however, some 26 millions repre- easy to be missed. During the remainder The chance was too possible of performance, or in other paid off abroad, he should get nothing, sent sums either retained locally or words impracticable, by some cause for the stipulation would be of no avail what appropriated by the provincial author the exchanges. There was no more soor of the game, each side rusted alternately, which neither was responsible,
ever
the Club having decidedly the better of "Parliament has interfered for ties or military commanders. and Judge (holding that the charter the protection of the sailor (who, what
and the interval found matters even. was not at an end): There is no reason ever his merits and qualifications may be
Cub
scored for holding that the Government will in other spheres of life, does not as
after the second half started.
ran the hall in all reasonable probability, retain the rale pay too much attention to documents
down the left, and centred strongly.The ressel for the remainder of the term of hs signs) and has said, in effect, This
ball went across the field to Brandy who the charter Whether they will do so or man, although he may agree to a stipa-
in position, and as soon as Coles stopped centred again. This time Mackenzie Was not seems to me to depend on all sorts lation of that kind, shall not be held to cotton and yarn brokers, Hongkong, the ball for him, banged it into the net of circumstances as to which a Court of it. The stipulation shall be invalid and in their circular dated yesterday say from close in. After this, it was, but Justice cannot speculate. They may do he shall be paid his wages notwithstand During the first part of the interval, natural that the Staff forwards should so or they may not. I do not think that ing the stipulation, and notwithstanding since the 11th inst our yarn market had endeavour to score Gallagher, at centre one event is more likely than another that a shipmaster or shipowner may have remained quiet, with a further decline of half, initiated more than one anok which 3rd Judge (holding that the charter obtained his signalure to a contract com- $1 to $1 per bale, but latterly a good Larkcom and his fellow forwards looked was not at an end)-1 agree with the taining the stipulation which puts him inquiry in 10s and 128 superior grades as if they would make use of but the 1st and 2nd Judges
MG absolutely at the mercy of the stup improved the rates in these two counts Club halves played so well that the 4th Judge (holding that the chartermaster
and business has passed in 4,000 balen at backs "did.
1 not have as much to do as they was determined)-I think it is clear The Merchant Shipping Act enacts that an advance of $2 to 4 per bale De should ordinarily The Club had the that the Admiralty neither regarded their there shall be na forfeiture of the images mand in 20 vara hed boon insignificant better of the game in the second half and they any intention of limiting the period provides for the forfeitars of wages, it is the recent more serious news of Mills and must learn to get rid of the hall sooner. powers as in any way restricted, nor had of a sailor. Consequently, if the clause during the whole interval. In view of was their own fault they did not score. Both Sim and Braga were selfish. They during which they claimed to use the inoperative because it is illegal Docks Hande Strikes in Bombay together Brand, on the outside right, was making steamer. The question in each case is The Court held that a bony of this with the very sudden fall in rupee at heaps of mistake, but made up for these ane of the application of the general kind was nothing but an addition to the change, foreign holders are demanding by one. principle in the facts and circumstances wages paid to the crew and could not be higher prices and are a sharp firm. Total and Macken, ccurate centres Evans of the particular case. The requisition separated from the wages; that it, there sales 4,000 balen; untold stock 8,000 bales played correct hockey The Military
alone
of the forwards of the Admiralty was for a time to which fore, stood in just the same position as uncleared 18,000 biles Shanghai reports goal-keeper saved several fine shots, In no limit could be assigned, it might wages and that clause (3), above, was general improvement with moderate the last few seconds of play, Evans misyed extend until after the period of the char unenforceable.
business passing Import in Japanese an easy chance. The game ended in terparty had run out. It is impossible
G. W. Yarn bave entirely stopped.
win for the Club by two goals to one