N
THE HONGKONG TELEGRAPH.
MARINE INSURANCE. regard to the case of the Main
IMPORTANT HONGKONG
JUDGEMENT.
Yesterday afternoon, the Chief Justice (Sir William Rees Davies. K.C.) delivered an important judgement on an application by way of Originating Summons in which the Court was asked to direct a liquidator of an Insurance Company in voluntary Liquida tion to adn it a claim on a policy of Marine Insurance
whilst it was held the valuation is conclusive the subject matter) of the policy was proved. Now that case decided that the valua- tion was binding and could not be re-opened, but it was proved that the freight was in fact lost although the freight at risk was below the footing of the valuation. Although that case is the nearest authority which I can discover to the case before me, I think the distinction is material that there was proof of the subject matter of the policy, z, the loss of freight In the course of his judgment, insured against, whereas the his Lordship said the statement of! applicant in this case declines to facts were agreed upon between | furnish any proof of proft at all.
1 can come to one conclusion the parties and in so far as is material to the point in issue are only, and it is, I think, consistert as follows: The applicants, the with justice and common sense, Hung Hing Steamship Company. that the owners should render Ltd., effected two marine in-particulars of the prots earned surance policies with the Tai Sun between the date of the charter Insurance and Banking Com-and the date of the loss of the pany, Limited for 12 months vessel, und that these profits from 16th. July, 1917, one should be accounted foras against policy being upon the hell and the sum insured. machinery of the ss. Laertes
In arriving at this conclusion I the other policy ing upon have not overlooked the terms of the profit of that ship the covenant which is in the com-
arises mon form. No question however
The words to pay on the policy upan the hull and
"the sum of money so assured machinery, the amount of that clearly means the sum of money claim having been paid in Fall, so sure on loss of profit; and As to the policy upon the profit | for the reasons which I have the policy is a valued policy | given the lass of profit can in my and the agreed value of the prudit opinion he only construed is specified at $206,000, whierood mean suele loss of profit as is the amount of 320.000 is in-ured proved to be due within the mar under, and is the agreed value of the policy in question.
to
in of the valuation, and the words o abatement whatever shall be made" must be read
The policy is payable in the event of the total loss of the subject to that quatification. The ship. On 15th December, 1917. | applicants must pay the costs of the ship was sunk at sea as the these proceedings. ress of collision and becanie a
total loss. The Insurance Com- pany went into voluntary liquida- tion in March, 1918, and the applicants claimed from liquidator the amount of $20DG) respecting the loss of profit.
the
MOVEMENTS OF STEAMERS.
The N. Y. K. s.. TOTTORI M.
for this port on the 8th Jan, and i is exported here on the 15th Jan.
The Bun Line sis. BENARTY
THURSDAY. JANUARY 15. 1920..
NEW ADVERTISEMENTS.
NOTICE
TO ALL RETURNED HONGKONG
OFFICERS, N.C.O'S AND MEN.
His
Excellency the Governor desires to entertain at a Garden Party at Government House on the afternoon of Saturday, the 7th of February, 1920, all officers, N,C,O,'S and men who have - returned to Hongkong after serving with His Majesty's Forces at the Front, All those together with their wives. who desire to attend the Garden Party are requested kindly to send in their names (stating if they are married) to the Aide-de-Camp, Government House, on or before Saturday, the 24th of January, 1920, after which date cards of invitation will be sent out.
H. S. MCGRATH, Capt., Aide-de-Camp.
Government House,
14th Jan.. 1920.
RUSSIAN GRAND OPERA Co.
from London, left Singapore, for THEATRE ROYAL
The solicitors for the Inquidator |(European Line) left Singapore demanded that the applicants should furnish particulars with vouchers of any profi earned by by the ship between the date of the policy and the date oftlusinks | this port on 11th instant, and may ing of the ship. The applicants be expected to arrive here on or however contended that suci:
about 18th Jan. particulars are irrelevant: that they are under no obligation to furnish the same and that they are entitled to the agreed value of $20,000 respecting the loss of profit. The liquidator therefore entirely rejected the claim. The applicants say that the rejection was wrongful and that they are entitled to the agreed amount of $20,000 respecting the loss of profit.
The notice of rejectio: by the liquidator states :--
The P. & 0, s.s. MUTTRA loft. Singapore for this Port on the 11th instant at a.m., and is due here on the 21st instant.
The N. Y. K. s.s. SHIMO M.[ aleatta Line) left Calcutta for this port via Rangoon and Singa. pote on the 9th Jan, and is expected here on the 39th Jan,
The R. M. -. EMPRESS. OF ASIA arrived at Shanghai on Jan12th leaves there Jan., 13th and is due at Manila on Jan.. 16th,
The ss. MOORISH PRINCE is expected tre froot New York
(1)-That no proof has bryn furnished that any or what lusson or about 26th instant. of profit resulted from the loss of
the ship.
(2) That the policy upon the profits of the vessel claimed upon was a gambling policy and word BB such.
Now it is common ground that the policy is a valued policy, and therefore the position taken up by the applicants is that on total less of the ship they become entitled to the sum insured. $20.000, irrespective of any proof of prufi or of the rendering of any accoun in respect thereof. They rely on the terms of the policy which
The N. Y. K. s.s. AKI MARU (Australian Line.) leftg:Manila for this port on the 19th Jan, and is expected here on the 15th Jan.
The N. Y. K. 8.s. PENANG M. (Buropean Lane.) left Shanghai, for this port on the 14 Jan.. and is expected here on the 18thj January
states that the profit of the vessel FT
EXCHANGE.
SELLING.
for so much as concems the as Demant Bured "is or shall be rated and 30 dis valued at $20,000 only:" and on so dis the coverant which is to be read
4's with the warranties contained T Shanghai in the
murgiu. The coves-1T Singapore, ant is the usual
one
and TT Japan reads as follows: The paid T/T todia..
5,1
5/114
5/133
5114
216 3
104
21614
Tai Sun Insurance and Banking Company, Limited, covenant, T/T San Francisco) promise, and (which agree. and
& New Yorkii
Demand, India
21614
99%4
248 Now. 10.60
BUYING.
3/3 5/314 5/39%
4 m/s. D/P
6 m/s. L/C 30 dfs. Sydney and Melbourne
5/334 30 dis. San Francis-1
97 co & New York f 4 m/s. Murks
..... Nom 4 m/s. Francs
11.00
oblige themselves their Heirs T/T Java Executors, Goods and Chattels,in | TYT Marks cage of Loss happening God T/T Franes forbid) to satisfy and pay in Demand, Paris Hongkong the sum of mon y by them so assured, at the expiration
4 m/s. L/C of Thirty Days, after the first proper Notice and Proof of the Loss is given to the office in Hongkong and noabatement what- ever shall be made, but the full sum shell bo paid, any use or custom to the contrary notwith- standing." Some argument took place as to the construction to be
6 m/s. Francs ...... 11.12 placed on the words in the case Demand, Germany. of loss happening," but I agree Demand, New York 95% with the construction put forward T/T Bombay
...... 21614 by the applicants, and I under- Demand, Bombay... stand challenged by the company, T/T Calcutta... that the loss referred to clearly Demand, Calcutta... relates to the loss of the vessel Demand, Manila and not to loss on profit. This Demand, Singapore. 21614 opinion however does not affect On Haiphong. Nom. the view which I take on the On Saigon argument generally, and which I On Bangkok
will deal with briefly.
Sovereign...
21614
203
Nom.
Nom.
3,90 Nom.
After reviewing authorities Gold leaf per Tael... 31.60 cited by counsel, bis Lordship Bar Silver, per oz 8116 concluded:-
7916
forward
In regard to the cases to which I bave referred and others cited in argument Mr. Poit. renntended that there was in alt cases proof of the total loss of the subject Cassured. That this was obviously,H'kong 50 cent pieces
the in the cases where Insurance had been effected on the vessels themselves: and in Canton coins
13
TO-NIGHT!
at 915 p.m.
TOSCA.
Jan. 16.h. FAUST.
17th, CAVALLERIA
RUSTICANA and
PAGLIACCI
19th, IL TROVATOKE 20th, MADAME
BUT ERFLY, 21st, LA BOHEME.
MATISFE:
Saturday, Jan. 17th..
"at 3.15 p.m. TRAVIATA
PRICES: $4, $3 & $1.
Booking now open » MOURIE'S.
TO BE LET.
CONSIGNEES
NOTICE TO CONSIGNEES.
OCEAN STEAMSHIP CO., LTD
AND
CHINA MUTUAL STEAM NAVIGATION CO. BTD.
Consignes per Company's Steanter BELLEROPHON" are hereby notified that "the Carco will be discharged into Holt's Wharf, Kowloon, where it will he at Consignee's risk. The Cargo will be ready for delivery from Godown on and after 13th January.
Optional cargo will be landed. unless notice has
let to steamer's arrival.
given
All broken, chafed, and damag-
'G.
R
G.
It is hereby notified that per- sons applying for licences ander the ARMS AMMUNITION OR- DINANCE should do so between the hours of 9 am and 11 a.m., daily. Sundays and Holidays ex- cepted,
Application to be made at the Licencing Clerk's Office, Central Police Station.
E. D. WOLFE, C/S. P. Hongkong, 1th January, 1920.
NOTICE.
THE HONGKONG ELECTRIC. COMPANY, LIMITED,
- NOTICE is herobe given that an Ex: aordinary General Meet- ine of the abov - named Company wil be held at the Registered Office
St of th Cmpany. George Ballding. Victoris, Hongkon Wednesday the 28th day of January 19 0 at 12 o'clock or for the purpose of considering and if thought fit of passing the loving Resolutions as Extraordinary Resolutions:- (1) o consider, and if honght fit. approve the draft new Articles which will be sub- mitted to the Meeting. (2) That the Capital of the Company be increased to Three million dollars ($3.000,-
NOTICES.
R.
NOTICE.
ཡ་་
HONGKONG BOXING
ASSOCIATION.
Marathon Rice Sub-Committee
MARATHON RACE
Particulars and Conditions of the letting by Public Auction Sale, to be held on Meaday. the 19th day of January, 1920, at 3 pm, at the Offices of the
Open to all Services, Universi Public Works Department by ties, Colleges, Schools and the Order of His Excellency the Public Generally.
Governor, of one Lot of Crown. Land at Aberd-on. in the Colony of Hongkong, for
1
terin of 13 yearsy with the option of renewal at a Crown Reat to be fixed by the Surveyor of this Majesty the KIND, for one further term of 75 years. '
To be run on
SATURDAY. FEBRUARY 21st, 1910.
Start at 3.0 p.m.
COURSE (about 11 miles) OUT: Statue Wharf (opposi
PARTICULARS OF THE LOT Qaven's Statue) past Hongkong
feet leefer tet
31
KAM 12
NOTICE.
0001 by the creation of Two THE HONGKONG CENTRAL
hundred and forty thousand
(240,000) shares of Ten
ESTATE, LIMITED.
Club and Law Courts, up Garden Roal to Public Gardens, past Government House, along Caine Road to University, and thence along Pokfulam Road to juntion with Jubliee Road,
HOME: Along Jublice Road to Kennedy Town Slaughter Houses, thence on to Praya (or Water Front) along Water Front to Winning Fost opposit Hong- kong Club.
Race Stewards will be posted along the course,
CONDITIONS:
Go a go
please. NO STOPPIN¿.
Minium clothing, singlet and
shorts.
Prizes (trophie) according to number of entries.
Intending Runners are request.
dollars ($10.00) each, ranking NOTICE is hereby given that for dividend and in all other the Sixth Ordinary Meeting ofed to send namn, rank (if any)
pari passe with S areholders in this Company and address to-
respects
the existing sitares in the will be held at the Offices of Company.
Messrs. Jardine Matheson & And in de remont ofth· First Company. Liniited, on Thursday Resolution being passed with or 23th January 1920 2: 11.30 am. with ut modifica ion.
3: the purpose of re eiving the Report of the Directors together with the Statement of Accounts
(3) To consider, and if thought
St. to passed an Extra
ordinary Resolation to the
purpose
for the year ending 31st Dece.
The Register of Shares of the Company will be Closed from Monday 19th to Thursday 29th January 1923 (outh days in- clusive), during which period no Transfer of Shares can be Registered.
effect: That, the new Ler 1919. Articles already approved by this Meeting and for the identifiation thereof subscribed by the Chairman be and the same are hereby appoved, and that such Ardete he and ther are hereby adopted as the Articles of the Company to the exclusion of and in substitution for all the exist ing Article: thereo AND NOTICE IS HEREBY
ALSO GIVEN that a further
Gunval Extraordinary
11: Company will
ed goods are to be left in the ing of Godowns where they will be te held examined on any Tuesdays and Office Fridays between the hours of George's 10.45 u.m. and noon within the in
ree storage period.
Meet-
21 the Registered of the Company. St. Building aforesaid Monday the 16th day of February 1920 at 11. o'clock in No claims will be admitted after the forenoon for the purpose of the Goods have left the steamer's receiving a report of the proceed, Godown, and all Goods remaining ings of the above mentioned undelivered after the 1st Jan.. Meeting and of emfirming, if will be subject to rant.
thought fitlas Special Resolutions All Claims against the Steamer the above mentioned Extraordin- must be present to the under-ary Resolutions 2 and 3. ·· signed
And the subjoined Resolution ca Οι before the 4H February, or they will not be will be proposed as an Extra
ordinary Resolution. recognised.
No Fire Insurance will be eTerte
BUTTERFIELD & SWIRE. Hongkong 1518 Jaruary, 1920.
Agents.
TO LET-AT THE PEAK completely furnished five roomed NOTICE TO CONSIGNEES. House with three bathrooms for February and March with pos sibility of extension. Apply 10 Box 308 co "Hongkong Telegraph.”
TO BE LET.
TO LET.-"No 3 Seymour Ter race from middle February at $115 per month including taxes." Apply to Linstead and Davis,
NOTICE.
REPULSE BAY HOTEL.
THE FINEST DANCE FLOOR IN THE COLONY! UNTIL FURTHER NOTICE ON SATURDAY 17th January.
TEA DANSANT-From
4 p.m. to 7 p.m. DINNER DANSANT From
8 p. m. SUNDAY, 18th January. AFTERNOON AND EVENING ORHESTRAL CONCERTS.
J. H. TAGGART. Manager.
NOTICE.
AMERICAN ASIATIC S.S. Go
From NEW YORK The Steamship
By Order of the Board of Directors.
The Hongkong Central Estate. Limited. ̈ ̈ MOWBRAY. NORTHCOTE
Secretary to
The Gederal Magers. Hongkong. 13th January, 1920.
NOTICE:
THE HONGKONG LAND INVESTMENT & AGENCY COMPANY, LTD.
NOTICE is hereby given that the Thirty Second Ordinary Meeting of Shareholders in this Company will be held at the
G. G. N. TINSON. Esq.
Hon. Secretary, Hongkong Bexing Association. ca Johnson Stokes & Master,
Prince's Buildings,
Ice House Street. will be duly published in these Details as to drawing for places
Columns.
EXTRIES close on Saturday, 31st January, at 12 noon.
. H. J. GEDGE.
F. C. JENKIN.
J. C. WILDIN.
G. G. N. TINSON. Marathon Race Sub-Committee.
NOTICE.
THE SHELL TRANSPORT & TRADING CO., LTD.
According to telegraphic ad- vices received from London, The SHELL Transport & Trading Co., Ltd., have declared an interin dividend of 2 per share on account of the year 1919 on the ordinary shares of the Company, free of Income Tax. It is pay- able on the 5th January against Coupon No. 33.
THE INDUSTRIAL AND COMMERCIAL BANK. LIMITED.
Head Ofce & Des Vous Road Cul Hackos Banch. Pano? Ruilding. FOR THE YEAR TO COME" Pr caution is impor set in al things
That it is desirable to capi:-
Offices of Messrs. Jardine Mathe- alize the sum of $600,000.00 stand- ing to the credit of the Company's 800 & Co., Ltd. on Thursday 29th, Reserve Fund, and accordingly January 1920 at 12 o'clock at noon for the purpose of receiving that for the purpose of effecting the Rep rt of the Directors to This applies to your own hunters. Tas such capitalization a bonus of $10 per share on each of the issued gether with the Statement of Ac-b.st way of provicus for the luture. freely,
by counts for the year ending 31st, OPEN: A SAVIVOS ACCOUNT shares of the Company be and the
December 1919.
WITH US, same is hereby declared and that
The Register of Shares of the
$1 to scurt. the Board be and they are hereby
SYSTEMATICALLY it will go to THOUSANDS. authorised to satisfy such bonus Company will be Closed from by the distribution amongst the Monday 19th to Thursday 29th, persons who are registered 25 January 1920 (both days in- holders of the issued $10 shares of clusive), during which period no "ARABIAN PRINCE."
the Company on the date hereof Transfer of Shares can be Re- of one of the unis ued $10 shares gistered. having arrived from the above of the Company credited es fully
By Order of the Board of Directors, Ports. Consignees of Cargo are paid up in respect of each share hereby informed that their goods of the Company held by such per-
MOWBRAY S. NORTHCOTE are be ng landed at their risk into sons as aforesaid and in satisfact- the Godowns of the Hongkong ion of such aforementioned bonus,
Secretary. and Kowloon Wharf and Godown and that such shares rauk for Kowloon, dividends and in all other re- Company. Limited. and stored at Consignees risk and spects as from the first day of
March 1920," jexpense.
Consignees of cargo are hereby Drafts of the new Articles of notified that they must produc: | Association may be seen at any an import permit signed by the time before the second meeting, Superintendent of Imports and except Saturday and Sundays, Exports Hongkong, before Bills between the hours of 11 am. and of Lading can be countersigned. 4 p.m. at the Registered Offices of All broken, chafed, and dam-the Company, or at the Offices of aged goods are to be left in the Messrs. Johnson, 'Stokes & godowns, where they will be ex-Master Prince's Buildings, Hong- amined on by Messrs. Goddard & kong, the Company's Solicitors. Douglas.
Dated this 13th day of January,
1920.
-
All claims must be presented with fifteen days of the steamer's arrival here, after which date they cannot be recognized.
No claims must be presented within fifteen days of the steam- er's arrival here, after which date they cannot be recognized.
No claims will be admitted after the goods have left the Godowns, and all Goods remaining unde livered after the Oth inst. will be We have established a Branch subject to rent. Office in Sydney with Mr. Arthur Noy Firs Insurance has been Mickells Bishop as the Manager affected. thereof.
Bills of Lading will be counter signed by
SHEWAN TOMES & CO.
Agente. Hongkong, 13th January, 1920,
THE
SUBSIDIARY COINS.
DISCOUNT PER $100:
par. $18 pin. HONGKONG MERCANTILE
CO, LTD. $69 pm*
712pm. Hongkong, 15th January, 1920,
10
11
3
By Order of the Board, GIBB LIVINGSTON & CO.
Agents.
NOTICE.
WATER RETURN.
Level and Storage of water in Reservoirs on January 1, 1920. CITY AND HILL DISTRICI WATER WORKS LEVEL
Hongkong, 13th January, 1920- | Tyma
NOTICE.
ᅦ
THE HONGKONG LAND RECLAMATION COMPANY,
LIMITED.
Буказа Brian Iri
mediate... Tram Tik... Wag.l. chan... Pokialus
39-1
.95 Eelow overlo c-. M YE+Tow -3 Eva «
35 Bela
ex
240 Below
worow
a Palom
Everto
B. ove how
1-3 Below
1- Below Overw -15-. Below uverdos 5. Catove
Yesłow STORAGE IN MILLIONS AND
DECIMALS OF GALLONS.
Jog
Bytam mwanawe created treip was the
130
34 50
Brian Brewash women
-35
Wors-as-chang
Byam 15.mmediate Bite Ter
195 43
2-4
3 +4
4254
P
'Total..
Casumption [z er in the city and Hi Di trict in millions end decisualə of gallons during t month of Desember.. Consumin
: ཐཱུ*
NOTICE is hereby given that the Nineteenth Ordinary Meeting of Shareholders in this Company will be held at the Office of Messrs. Jardine Matheson & Company, Limited on Thursday the 29th, January 1920 at 11.45 a.m. for the
Cossumptio purpose of receiving the Report of
head per day is di
Делова the Directors together with the Constant supy'n all district, darlag December Statement of Accounts for the KOWLOON WATERWORK? LEVELS:""
of both 1 and 99.
year ending 31st, December 1919, The Register of Shares of the UNIVERSITY OF HONGKONG.company will be Closed from
A Congregation of the Univer-Monday 19th to Thursday 29th, sity of Hongkong will be held in January 1920 (both days, in- clusive), during which period the Great Hall on Friday, January no Transfer of Shares can be 16th, at 5 p.r. at which The Chancellor of the University, His
Registered. Excellency The Governor of the Colony, will confer Degrees,
Admission will be by ticket only.
N. T. MACKINTOSH, Registrar,
By Order of the Board of Directors, MOWBRAY 8. NORTHCOTE"
Secretary. Hongkung, 13th January, 1920,
Estimated populat na 17,93
per
37.0.
128 M gloss *77+0
3-5
Cowloon Ore-}
*
- Brice
OV
} **Aston
GYUTION
STORAGE IN MILLIONS AND
DESMALS OR QATIONS. Kowkos Gra
vitation
*gue whit
1919 234
27.1
Covermption of water in Kowices to a lis and doc mals of gallons during the month of December.
Consumption
τρελ 1963 Estimated population 108,907 Constantia
1039 44-95 Makin per kad per day a
ELIONS The Government taalya's reports show that the wester is of enzatiens quality.
W. CHATHAM, -Water, Author K34