1887-06-10 — Page 3

SUPREME COURT

IN VICE ADMIRALTY. (Before His Honour Acting Chief Justice Russell, with How. H. G. Thomaeti and

Captain dimont, of the P. d 0. Service, Nattikal Asscesora) Friday, June 19.

THE "CITY OF PEKING

COLLISION CASE,

AND BAGHALIBY Judgment was delivered in this case to day:

The Acting Attorney General (Hon, E. J. Ackroyd) and Mr Brereton, instructed by Mr Wits, (of Measta Waton & Deacon) appeared for the Maintiffs, and Mr.J. J. Francia, QC, in noted by Mr Johnson & Stokes) appoared for the defence,

His Lordship said :--

ther was

THE CHINA ♥ MAIL

IN SUMMARY JURISDICTION. (Before His Honour Mr. J. Leach, Acting Puisse clue.) June 10, 1863.

at once

Ducs and Datics Termage

in de Tix

1296.3 1887-1588 Now hwang 15,168 10,084 13,012.. 18,879 Tiebtsin 24,878 78,093 82,025 Cheloo...,085 91,908 122.601

18,010 15,230 1,725,0 135,000 273,0 19,975 147,013 20,069 $56,257 372,262

Shanghai 1955,910 1,000,233, 160239 „100,0.16:09,744 178,790 1889 10,934 Wenchow...2,041 SVÁ

.76,240. 170,618 272000 FESTA 48,490 12,838 18,6340 42,962586.039

Fooshaw.

Tar

„Tikow

219

U1600; 807,SLI

620.207 Canon$1,169 262,427 60.38 Kianschow.. 19,935 9.35 0.559- ..e3,224 Fakhot2,715 84,37

| 23,073

6. Total,070,283 3,106,8TATE

THE CANADIAN PACIFIO LINE. The following is the proposed Time Table for Canadian Pacific Line between Van- soarer and Kongkong (subject to change and individual postponement

No. 7431-JUNE 10, 1887.

He described how he North side it asts more to the South, that French Officers of the Bagholion testify that that the grooption which I hard already.perty situate at No. 88 and 40 Queso's | conflict with French raisers of equal o

The : draf is və 9h., it blow with such force tha wo round soyages

crumor with an thought we should bars to cut the attered for the Meunée Hospital-ship on is chips lying at 0 &0. hung or P. & they say the City of Fing before she read applied, the ease being clearly shown Road Central, of which Mr Humphreys is Wo now come to two roally fast ships, rigging away, and let the masts go over coning in from the east, and from the lay tuer would be lying N. &B with abb tide, passed the fence that she came persendi- not to have been marked as described in the lessio. Mr. Hooper had valued the Leander and diconty

six-inc breech-loaders and Whitehend this side to save the ship and our livas of the ships headed for hia buoy, which is heading N, whilst nearer Hongkong they oularly on them, and that her head was not the bill of lading, the Company was exon promises at 82,800, and Mr. Ramghraps magnificent type o The lee side of the ship was constantly on the northern side of the northern fair would be heading N.NW to N.W The yang suddenly to port. The second Captain Herated from liability To support of his claimed that $2,400 is a reasonable and fair estimated speed of eighteen knots, carrying bas also a very bigh rate of speed and a under water and in a rather dangerous way He steered he said ridinarily about sbh tide current seems to reo from the over kot sight of her, and says she over est contention Ir Wilkinson cod Taggets valuation, positions, Fortunately, during the whole of 1000 feet from the M buoy and from West Point of Kowloon towards the South changed her uures. Licit. Delmas cor- un Bills of Lading, p. 42, and the passageMr A. B. Johnson, Crown Solicitor, torped. The Alacrity, a smaller vessel, the typhoon, the vestol never shipped one the point of Kowloon. That is about mid-about a cable's length. The strength of rotorates this, and he was ullicer of the referred to is taken from Parsons on appeared for the Government. westier son; but rode the stora nobly and channel. He does not go closer to Kow the current farius af diferont times of the watch, and aw the steamer more ensily than Shipping, Vol. I. p. 196, which contains His Lordship sald This is an ap modern armament, Lastly, we have the well. -10k, typhoon madarated into a heavy loon, beccase there is an untras tide atanme tide, aleo at different times of the the second Captain. Captain Paul saw the an important addition which is not given in peal onder The Municipal Bates Ordi Audrcions, an ironclad frigate. The best S.W. galu, that we could put up with, the point, and you never know what it is moon. There is also u supcrificial current masts in line from his ship, ow the Leggett at p. 42, but is given at p. 108 naco 1925, section 13. against the valua that can be said of her is that she is strong after a typhoon During the 20 years' exding, and to get to yer buoy you have to The eddy to about a cable's length off S, W, evidento from the City of Prking is that Apart from any authority I should say there tion made by the Covenant valtior defensivaly. Hlor low rats of speed, olevim periendo, I have hnd at sea I have been in get as for sunsh as possible Ho ease the point randers it unadvisable to bring the uffect of the side which caused the is but one meaning that can be attached to in respect of the Appuliant a tenement knots, is a fatal objection, and he als typhoons, hurricanes, cyclones, te, but sbb-tide eems to act out along the land largo ship hear it. This witness went sudden swinging was after they had the expression markod, and numbered as known as Nos. 38 and 40 Queen's Road, carries abrolete gana with the excepint nover enemntered one, to blow with suele from N. to 5.. but it is not regular. Is sels on to show that there were strong currants passed the ones and considerable per margin er sich words as weights and on the ground that such tanement is valued of a few four-fach brosch loading gans violence as this last typhoon. After the dawn the west side of Kowloon and down about the French mail boy bat he distance from the bows of the Saghation.contents unknown' itis this, the giver of the boyand its full and fair annus rental. Her heavy guns are muzzle-fonders. Eho gale moderated a bit, so that we could look on the point.. It sets out according to never had any accident, W. D. Budie, It is admitted un all hands that the angle bill of lading does not wish to bind him- Under section of the Ordinance the valuera is the only ship we possess out hire capable aronid with safety, we found that our bow he experience well olor of the point another P. &0. Captain, master of the of collision was about a right angle. When zelf, he says I will not guarantes how the are te qauso every tonement to be saparate of meeting the Vladimir Monomach, but se aprit, and main-lower-topsail-yard were It extends, to his experionco on ano Thibet, which runs between here and Japan, caught by the tide the (ity of Peking so goods are marked and what the value and ly valued and to take the summation thereof the latter possessed a much higher rate of Tho sents the total forge told off for the defances sprung part of our starboard bulwarks wash occasion, as far as the M. M. buog. moors his ship at a buoy in line with the cording to her own account was heading contents pro (as the caso may be, but I will by estimating the gross annual ront at which speed she would have her choice either to ed away, alihead nails gone, fore upper, and On that occasion it sent him down within P. M. Co's bucy, on a line North of the shout N. W. and the Saghation was loading tell you what are my instructions, the re- such tenement may reasonably be expected docline or accept a conflict. This repre lower oils, masin-lower-tursai, main about 20 foot of the buoy. This was Fairway. He says that there are two NE by N. Now if the City of Peking had salts of my instructions you will find in the to let for the ensuing your try-Bail; nothing but the raping luft. abost inte October or November. The obb tides. One is on the Hongkong side gone off six points she would have been margin. Eus there is an authority which tenement in question se been assessed of our large shipping interest hi the Fat rightning-ouse of Jussel. Bath, LR SES 207 having appealed within the time preserhed good in character. We have long since Fors fere-top inast hackatzys carried away, steamship Oris was at the busy. It was and raus with the land from West to East, funding W. W.; but for a verset with her confirms we in this view, and that is the or valued at $2,810, and the oppoliant East. It is not a large force, and it is not jackstays drawn out of the yards, and cob-tide and the Ocus was heading N. W. and the other runs 5. S. E. abreast of head at N. E. by N. to be steuel

to W.N.W. Was steering botwach tas Kowloon, selimes extending pist the leg on her starboard alds, the approaching It appears to me that the prosent case by acction 19 of the ordinance and having opened our eyes to the folly of believing canning gear more or less carried away &e.

Gres and the paint, going about & Lots; Paint, and rouping into the other tida past vessel's bond must have been NW by W. analogous to the as of Jessel given notice of his intention to appeal and that the British Binsjacket's plook will But considering the force of the wind, I

roant to pass the Cns about 70 to 100 fout the French bang. To n'ship coming in, or one point only to the left of the course Bath, and indeed is somewhat stronger, of the ground of his appeal to the value alone suffice to sasure our safety on the tea, am thankful we got off an easily.

His head was caught by the obb-tide when she is abreast of the Peint and before the City of Peling was and by the captain becanos there in an exception expressly under section 14, is cutitled if he can do so and that, even if placed in a Chinese junk, running out from the paint to the south passing between the Plat and the bop, to have boau steering when the tide caught framed to meet the oss of properly to upset that valuation. The grounds of he could take and sink the best foreign the octice of appeal morved upon the valuer, Naval College have adopted for that useful ward, and he had to go fall speed along to she ought to feel the Kowloon tide. It her bowAfter carefully considering the marked diego, and unless the interore his appeal are more precisely eat forth ia shipa alcst. The authorities of Greenwich dear her. His head was sung off by the would be felt strongly on the star- ovidenco and discussing it with the nautical tation of the bill of lading was in ac tide. His sibp was not at any time out of board bow, stronger than in any other assessore I have come to the conclusion, cordance with what I have mid, not only which is identical in terms with the notice institution the motto Lam Minerva quan control.

If the current hac part of the harlour. On one occasion he (f)-Ent the City of Peking was not pro- would the words as per margin be object of appeal lodged at the Court. In seeking Marto. It is very pretty, no doubt, but not caught him he should have passed 10 feet had had trouble with the file and found ceading at too great a speed. Had she buon loss, but the exception would be done away to apact the valuation it is manifestly in Minerva will not dwell amid antiquated the French mail going faster she would have answered her with altagsther. There are besides many cuma bent on the appellant to show that his muzzleloaders in old-fashioned lumbering

show that the bill tonement is arroneously valuad beyond its frigates.dl elf a fenst. He then spe ks of the ebb himself drifting on

rent on 12th May Scarcely any current boy. In cross-exanitation, this withcen hele readily. (2) The officers and crew authorities which go for 4 hours, and then it runs 3 or 4. knats said that these difficulties as to the tide seem to have been at their stations. (3) of lading is only evidence of the contract full and fair annual rental, and this I linte The Champion and Cleopatra are:

between the shippers and ship-owner, is come olearly to the conclusion ho has to be relieved by the Calliope and Cordelia, 30 or 40 minutes. This was at his own were well known to all Captains coming in That the defendants har failed to show ship, 3,000 yards he says from the to harbour trough the Lyo-ee-moon Pass, that the City of Peking was caught ban of the bill of lading, and that evidence will be failed in doing. Au I understood the both of which are superior in spoed, and M.M. buny.

It does not appear how he who moor or are at the Kowloon side. They unusual and string tidal current which took admitted by the ship-owner to show fist appellant's arguments, which were two carry modern guns. With this improvement estimated the speed of the current. This made allowancs for these dificulties. He control of the ship and was the finiediate statements therein are not currect, either fold, they were these vat That we shall probably bays to remaini sotished witness me the City of Peking coming in bad only once difficulty with the bang, and and necessary cause of the cofision. Then the ground of mistake or frand. The astoming the vainer had, proceeded upon for some tune:]

the City of Peking was that the case of cigarettes was not properly annum under the Appellaut's lease in

PORTS, between Kellot's island and Kowloon point, then was going to pass 60 yards of the Assessors extiraly conere in this finding. evidence in this suit clearly established the Crown lease rent of £450 por

Below we pablish the statistics of the heading towards the Mente. Did not see boy. He had gone too far South on that (4). That Any change in her course. but, as he says, that occasion. The rest of the evidence of usver on the course marked out by marked, and that is was primarily due to 1855 for 10 years, and which rent by TRADE STATISTICS OF THE TREATY he was too far off to observe closely. He saw this witness is as to suppository cases. No the captain of the ship but that from this that the case was not delivered here in arrangement batweed the parties is paid

He saw the City of Peking other evidengo was prodaand by the the time he passed the teance, he steered Hongkong, but returned by the Ganges to in sterling in London," for the purpose of trade of the treaty ports during the first the ships collide. woll down to the south. In cross-examina City of Peking us to the site of the tides a cores which brought boll the Port Said Leggett on Bill of Lading at pascertaining that amount in Hongkong quarter of 1934, as compared with the oor- As to of 4/2 which would make the angst rental From the figures it will be seen that the first on the witness said that, the ontrent that in the Harbour, showing unusual curvonta Saghalien almost at right angles, and that 254 (citing Angel on Carrier à 126, nota) currency it should be converted at the rate responding period of the prorions yese.

Ozus

ahnt on behalf of tho Soylalien, John the collision was due to the defpult of the gives the rule for each cao.

a Hong-

City of Pekany, by keeping to far to the exceptions in Bill of Lading, the case 82160 only, instead of $2800 Secondly quarter of 1887 shows the noteworthy in This is a cause of damage for collision took him near the

B. p. That a prospective value bad bon puupon crane of Tls. 1,037, 589 over the first quar- instituted by the owners of the steamship strong surrent between 3 or 4 nato Speechly was examined. He

I have asked the assssors 235 is site. Now, was there any fault the tenement, and that although the appel

the opium lekin. The tonnage Which, on- Baghalin and the orners of cargo, against more or less; was 40 or 50 feet from this kong and Canton pilot and hasknown tha har south and not due to any unusual tidal of Nistate. Henderson, L. R. 7 the P. M. S. S. Co's City of Peking. The the Ozu went full speed ahead, was 50 or our for 18 year, Rovas boarding officer current. Saghalis is about 4,000 fons birden and 60 feet from the line of direction of the in the Harbour Department for 11 years. whether there was my want of care, under or negligence on the port of the defendant lant reseruably expecta as lie adnutted him-ter in 1886, the increase being chiefly due to 400 feet long, and the City of Pelang is Ocus, and going full speed ahead was the Has piloted ships into the Harbour and to the circumstances of weather are in the which would prevent the rule from applying self in evidence, to get from the tenante tered and cleared during the same period

I have found the tides the Docks. He says he has a good know City of Peking not having a second anchor I think tot. It is true Mr Parfit might

becavas he surmised (it amounted to Port 5,042 tom and 125 feet long. The collision (best thing to do. occurred in the harbour of Hongkong about irregular in that vivinity: knows what tidas ledge of the tides He described the run roady to let gu; and they reply that there have examined the master's bill of lading and or the sublessons somewhere about 82800 shows Ekowice a considerable increase ver 2.20 p.m. ou the 20th November, 1886. he should meat, but uses his judgment as of the ebb tide. From Cosmopolitan dupes was a want of care in not having a second the ship's mouifost when he found this case per sanan, that was not a fair value, the previous yout Botta verrels are coployed in the convey to the way the ships are swang. On re-a tide runs down west vids of Kowloon anchor ready, cause that it a second marked Royal Port Said, but if he had nothing more than a surmise) that rooms in ance of mails, the City of Peking arriving examination, witness said that he did not about 9.9. Tho lide running down anchor had been ready and let go the ship's done so what would there have been in the tenement might be vacant for a mouth with the Americau mail, and the Sa halien know how far the ship's head went off. The Kowloon is of variable strength. I should way would have been checked in time to them or in the bill of lading or the manier so or more during the year. On behalf was proparing to leave the following day for wind was about & on that das Benry call a one-knot tide there u strong ons, prevent the collision. I also put a question fest to have connected, the ease with Mr of the respondent it was stated that two Bureps with the French wails. The wea Clay Dearboru, the master of the City This witness detailed experiments cade so them saggeated by the leaned counsel Humphreys Mr Humphreys had not tests had been applied and the value forca Peking, states that he was going from fear by him on the 11th May, when the tide for the delence, and they advisa mo that it then made any application for delivery. I arrived at by looking at these two tests. foc, wind easterly,

should have beau the same as on the 29th was want of ordinary care and scanianship therefore come to the conclusion that The first test was the Crown lessed a rent 3; the tide was ebbing. The Saghalien to five konts an hear, what frota 000 was lying at her recognised moorings, bead-700 feel from the Saghatic and having two November. At 18 o'clock the obh was less not to let the anchor go when the order there was no fault on the part of taken at 3/2 according to the Hongkong ing about N.E. by N., and the City of Pek-junke, with sails up, at anchor on his star than a knot. At 2pm. it was calm, was given to reverse full speed, but instead the Company. There was certainly no and Shanglani Bank's curront Entea for last Ing was coming up the harbour from the bond bow, tido enddenly airsek the ty and the Djemaah at the Trouch buoy of doing so than was an important interval negligence, gross negligence as the plain-year, which would give au annual rental of Anything over 14 knots host, whilst Weight want to the chief tiff's soloitor called it, as contended by the upwards of $3,800, and it being the gross east with the intention of going to her buny, of Peking on the starboard box and sung headed west. which lay about 4,000 feet NW. from the her off about 6 points. The helm was pus I could call A very strong current for engineer and came back, bofore latting go plaintiff. Upon the evidence which was annual rental to which the valuer had to known it the anchor. In the result I find the elli- given in the case, there arises another look, he would be entitled in ascertaining Has never Sagalien's busy. The distance from the hard-a-port, the engines were stopped and this Harbor. latter baby sad the nearest point of land is reversed fo!! spoet and the starboard auch or moro under ordinary circumstances. They aion ta bu due to the fault of the City of question, which was not expressly argued that to add thereto the amount of repairs to 103,000 about 2.000 feet in anoth-easterly direc-was lot, go; but these precautions did not run strongest at the French Mail buoys Peling, and I direct the usual reference to before me, but upon which I have to adju. and insurance which the appellant admits tion. The owners of the City of Peking prevent the City of Peking's stern from In cross-examination the witness said the the Registrar and Merchants, and also dicate allude to the payment by the plain he has to pay himself. The second test the fright before any application by tho his tenauts or the sub-le-seca for the year. attribute no fault or fadt to the Sagha striking the starboard side of the Saghalies gunboats of the West of Kowloon cannot be direct that the costs of the suit be paid by tiff and this acoplative by the defendant of was the ropts received by the appellant from plaintiff for delivery of his cans of cigarettes Now the rate of exclunge at which tho lion, and pload that those on board the sbout 100 feet from her bow. He states depended upon at any time as to the tide, the City of Peltin

was made, and the question which presents appellant claims to convert the rout ha Citg of king could not by ordinary care that he had an anchor ready to let go, and They lie all ways. He took the tidea rate

itself to me is this, would the acceptance of pays the Crowe lessee is a rate which is or seamanship have avoided the collision n it was calm the chain of the other bad by a long line at 12.40 pm. 34th May.

the fright stop the defendant from saying axel by proclamation under Ordinance No. -in other words, that the collision was due bach tushackled to make fast to the buoy. One cable East of the Saghalien busy the

he had not got the cargo, or, in other 1 of 1854, which in effect provides that to inevitable accident. The 5th and sub. He shaped his course for the Mence, keap tide was going 84 feet in one minute, i.s.

words, would it be en estoppel by the where by ordinance British sterling is to be sequent paragrapha of the answer of the ing her alightly on his starboard bow. Ha 17-20ths of a knot an hour. It was, high did not recollect how cluse he passed to the tide at 9.21 s.m. A yestol at the Eastern

coodust of the defendantt. Usually the paid for to the government, such payment. City of Peking are as follows:

payraust of fraight and the delivery of shall be made ia dollars at the rate of 4/2 As the Oity of Peking was being brought acnet. Au ho came up he noticed a junk French boy where the Saghalien was,

goods are couonrront sets, that is to say, to each dollars. The Municipal Batca Ord round on her course to pass through the with di sails set and he marked on a chart would be in all the currents he bad men from which ho first saw tioned. The witness further states that fairway half way between the steamship the place

He also marked (A), the eddy from the point of Kockon would

the consigue has no riglit to his margo un-inance 1885 makes no provision for pay Saghalien and the said last mentioned the junk (B.)

er meter of the ship has no right to his made in British sterling, and therefore it is point, i large junk, with all sails set was the position of junks, and he marked as have no effect on a ship at a distance of 50

til he pays his freight and the shipowner mest of the rates or of the valuation being freight until he delicers, or is ready to de- clear that Ordigans No. 1 of 1864 does not Been apparently standing aeroes the fairway the point at which he was when he a feet. The second Captain of the Bughalien,

In this suit the defendant is aued as the liver his cargo (see Carver p. 349 and gase apply to the present case; and in the absence betweou the Saghalien and the Kowloon that the junks were at strohor, and saya ke Mr Isward, states that he was on dock at 2 ahore, heading towards the Kowloon shore, we about a ship's length from them when p.m. on the 25th November, and that his

He only saw attention was attracted by the cries of soms agent in Hongkong of the Peninsular and there. The plaintiff was not bound to of evidence as to what would be the pro and the City of Peking was steered to pass he a they were at anchor. close under the stern of the said junk and there were two janks after the collision. Chinese, and on looking up and the City of Oriental BN Co. for the non-delivery to pay, but he did so without anquiry and with por rate of exchange in such a case, I am of between her and the Ragholin, and the He says lia has come into the Harbour 40 Peking coming directly upon na He saw the plaintiff of a case of 5,000 cigarettes aut eyen making application for delivery. opinion that in so far as the valuer las based speed of the City of Peting was reduced times and 7 timos to the prozent busy and her at a distance of 2 to 3 lengths of his and for the return of fraight paid to the He did not enquire for bncarge until the bie valuation upon the Crown lesson's contal own ship. She had not passed the Hospital Ceropany in anticipation of the delivery of period of boven days within which delivery it has not been shown or at any rate I am. when: about half pile of the Sagkalien to he never experienced such a sarrent before. allow her, the City of Piking, to pass wall He has noticed a strang cucrest at the end ship. She was coming nearly perpendi- the cigarettes. The plaintiff clabus 8204.4 generally sakan had elapsed, and I Dot satielled that he has erred in converting clear of the junk. Oas beater approach it or beginning of the tide, but never in the cularly to thara, and he watched her all for the non-delivery of the cigarettes, that cannot think that merely became the freight that rent at 3/91and if the valner is right He states that as he rounded up the time. She never changed har onursa being the price ho has actually paid for them was collected, as is evidenced, that therefors so far, it is clear that upon the basis or test was found that thero wao two junks, both middle. with sila set, and that they were unchored from the Meante, the Nathalien was head and when about 50 or 60 motras from he and $0.15 for freight and primage, making the defendant must be Laken to be stopped on which he has gone and it so fat se he ing towards Kowloon Point. The ships he let go his anchor, but he ran into together a total of $211.8). The material from saying he had not got the cargo. The has gone upon it, the appellant has been in she middle of the fairray.

When close to the stern of the said were swinging to the tide. Te cross-examin. This witness says that the anclior was facts of the case appear to be as follows-plajuff made a mistake in not applying for gated, even apart from the question of ro janks and at a distance from the Saghalies ination, the Captain aaid he knew the tides not ready as he saw people working at it. Some months ago, it is immaterial exactly his goods sooner, if he had done so probably pairs and insauce somewhat bolew the of about 600 to 700 or 750 feet, the City of were uncertain at the busy, but he did auf The witness says the City of Peking was not when, the plaintiff instructed in London this suit would never have arisen. I think mount at which he might have kean va know that they were so at the point. Mr steering a course which would have taken agents to procure for him a case of 5,000 too, it was a mistake on the defendant's Lued. As regards the second argumetit put Peking was going about 4 to knots an hour

The date of departure from Hongkong and was heading on a course that would Walls, chief officer, said he was on the star ber 400 or 300 feet from the Suguh iken', cigaration, and he tells us that his agente part to colleet his freight before he ascer- forward by the appellant, he admits that be have taken her clear of the Baghalien about board side looking after the michor and it bows, and her head was not turned round portuaned them of Mesars Caba sud Stern of Lained that he was ready to deliver, but I gels and resonably expects to get some- was ready to let go, and was let go when suddenly. In cross-examination the witness Constantinople, who would ship them from do not think such a mistake should be intor where about $2,800 from his tonanta fr the

would be Rub-luces, and as the appellant's evidence may be altered to allow the steamers to call preted as an estoppel. I think 400 foot from the box of tho Sughalin to

was almost dead. and that there being no through line of

It is or probably he may have one or two or even intention to ndkers closely to the sailing when they rounded to go to the buoy. The because the current ward along the west side of Kowloon and M. M. stezines was heading to the Point, When he wont forward after the collision steamers from Constantinople to long sondest of the parties tuo fat,

and he could see nearly all her starboard he found the moorlog chain not drawn kong, they would require to be transhipped at not shown that the plastiff noted on more reams gudant during come portion dates from Yokohama (rustwards), and me. in The above particulars are supplied by ont into the harbour past the southwester most point of Kowloon taught the City of He noticed the Ch. of Peking was heading taut, also when he eat the carpenter to Port Said. The plaintiff receives no tidings the faith of the payment of the freight, of the year, I am clearly of spiuion Vancouver (westwards),

the 31st Jan. 1887 in received by the plain, did not apply for delivery on that actuant coming to the conclusion that the Puking on her starboard bow and swept it towards the M. M. atsamer addwly and swiftly to port and pointing Boiced this they were 90 feet from the the water and he sasily kept himself here.

junks, and their bead went off 2 or 3 points, Eliens Dehnas, Loutenant of the gha-tiff from Port Said signed: George The role is that if a matte conducta ble in so far as he went up his second basis firm represent the line in Hongkong and towards the Sughalien,

The helm of the City of Pekny was whon their lused was alowed off l lengths lien, was on board the ship, and heard a Royal, Agent, who it is admitted is the self, whether intentionally, or not, thit nor test, wrongly assessed the gross annual instantly put hard to port; but the vesel from the M. M. ship. In cross-examina gun fire froin the City of Peking as she came P. & O. agent at that port. Together reasonable person would infer that a certain rental of the tansment. He says lie has refused to answer her helm and continued to, he stated that he knew, thero was a tato the barbour, but had not passed the with the letter and inclosed in it is the state of things exists, and acts on that in applied both tasts, and so far as I can judge followe From from denying it. (See Lord-ten Baronusessed this tenement I will also grant to cant to port, and the engines were at regular eddy round the Puut. He knew point. lle saw her again before she came Bill of Lading which has been put in forance, he shall be afterwards catopped from the facts before, me, he had rightly Mr Johnson said he was inclined to loave once reversed, full speed astern and the strong current runs South at that Point to the Meance. She was steering per evidence and is a

The witness said: 'I dareary two anchors pondicularly to their ship. He saw her that till of Lading it will be econ that Bramwell in Cornish v. Abington, 4 Hunt- statboard anchor let go

8-Immediately stowards the City of would have held here; there was only one drup anchor. The winas ays it took 1 the cass of cigarettes is shipped by Mesars stons and Norman, p. bot. The plaintif cats to the defendant if they are asked. Peking, still moving atend sively through amiable. We cullided at right angles to 2 minutes to unhook the anchor of the Gain and Stern, and that it is sign has no acted on the inference he might the matter in the hands of the Court. This the water and 1 dragging her tocher although Tho ohiof engineer, says he slowed down City of Peking, and that there was no ed by Gorge Rayal, agent. In the have drama from the oruduct of the de- appsal had been made upon such insuff the engines were going foll speed astem, at 2.16. From the order to Alow to current at the ship He knew it because body of the all of lading the case fendant in accepting the freight, and there ciont and alendar, grounds that if it was Came into collision with the Saghalien, Fail spead ualere was about 4 soinutes. after the collision two men got into a sam is referred to as being marked and num fore the rule does not apply. Moreover distalssed without costs it would father

The order to slow would reduce the speed pan, and the tide did not carry thear away, bored as per margin and in the margin the doctrine of estoppel is a special defence encrurage people to appeal striking the stern of the City of Purgh knuts. The Socand Officer states that Afterwards they lot go from their motrings the mark is R01 and the number and where there a pleadings required to His Lordship-If you ask for coats you

Costa wore then granted abret the bridge of the Saghalien.

Go was forward with the Chief Offer. and did not drift. In cross examination 1044 The lotter and bill of lading were be satinolly averred, and no notice of such are certainly entitled to them. The collision was not occasioned by any fault or default on the part of the C They were staaring for the Belgic's storn. the witness stated that he was officer of recived, I have no doubt, on or about the defence has been given in accordanco with of Pding nor by any recklessness, careles Hem two jinks right in their coucas to the watch that day, and marked the 8th Marsh last when the Peshater arrived the 25th Section of the Supreme Court

of those on to the buoy, The junks were not quite helt positions of the Saghation, the suspital in Flongkong, hoztly after the arrival of Summary Jurisdiction Ordinance 1879 MARC way between the M. I. steamer and the abip and City of Peking, showing the the Pear and probably betwusu tho have met overlonked the plaintiff's argument CHINA STATION. 10-At and for age line before the Pout. He did not know how much the City of Peking coming at them, right angles 11th and 15th March, the Company, ac- that the P. & O agent at Port Said wa appearance of any dinger of collision, the ship's head song off The Third Engineer as she pussod tho Afsanes; She never cording to their usual practice, having as bond himself to see that the nintiff'

was on duty near the Captain and com- changed her course Captain Paul of the ocrtained either from the master's hill of cans was properly marked, but I do not Express believes well qualified to speak of Eid Henry Clay Descburn, the Master,

English coloniate in the Far East are with his officers and crew, were at their tunicated orders to the engine room and Tandis who runs between Hongkong and lading or from the manifest, that a caso think that tach a duty would arise unless the above subject sends that paper these

and avidence before me of such necessity. In- prests accustomed stations on entering knew they were obeyed. Ho detailed the Japan-woon board his ship which of cigarettes had arrived for the plaintiff, the necessity for it arose, and there is no romarks * portoper lookout" was kepty aneburg orders. William Wright, the Third Officer, was moored at the middle busy of the M. make out a debit cote for the freight did the evidence of Mr Woodia goes to justly concerned about the state of our flest Manila 29 83 88 were cleared and ready to lot go, and the was stationed in the pilot house and a quar M. Co-lying westward of the Sagahlin's end is in for collection. The freight is paid. apred of the vessel was reduced to what ter master was at the wheel He are: His evidents is that he saw the Sugahlin's on the 16th March without poquity by the shot that unless special instructions are in Chinisse waters. It is adequate, they Haiphong, 29. a Wa Forchow..23.75 After passing the Point (Kowloon) we masts in a line over the cagahlien' broad plaintiff whether bo could have delivery of sent by the ahippom in such a case (urge, for the protection of British intereste Hongkong 20.71 wafe and propor. The courses stoored

were standing towards the Meuner, keeping side. This witugas says the currunt was his goods or not, and indeed no applica case of transhipment) it would not be the along such an extensive seaboard And we Amoy her os our starboard bogo not strong. He Enow that from looking at tiondo for Telivery until two ne duly of the ship-owner lose to the marks ooreuler this indictment a just one. “ V dinary and propor pescaution was taken were beading nesly up for the story of the the water. He said the City of Peking had three days Iztor, king the plain on cargo (Seo Leggett p. 261, citing Kreuder do not wonder at people being alarmed Shangha 20.81 to avoid danger of collision with junks or Belgie. Our head bogan to pay off when gone out of her course. The learned countin's evidence to te ontrest. In the mean 7 Woolasit 1 Hilton 220 and Larsonsp when they learn for the first time that only Nagasak.. 29.12

we were between the Foint and the M. Msal for the City of Fenty put the case fairly time, e, between the Anival of the 398 note 11 Nor again have I overlooked on British drips aro muzzle-loading gana Wostock 29.19 55

Our hasd had not swung a tof when he said the defence resia unan allign: Puhour and payment of freight, what the caso cited in Leggett stp. 110 where it is to be found Formidable looking French The presence of the fairy point when the helm was put hard-port. tion of fact, vis, that the City of Peking was happens is this: the attention of Mr Par stated with reference to the contents of and Russian criders show themselves o hersin before mentioned in the fairway. pelled the City of Feking to go a little I was watching her head. Porting seemed passing at a safe distance, when she was Gitt, the clerk in the P. & O. offion, whose the bill of lading boing binding on the chatonally in Hong Kong and Singapore, nearer to the Baghatier than she othersisa to have no effect After the order was caught by a sudden sad unexpected current duty it is to look after the cargo and giver of it. We have not the reports and the colonists can see that their putis are would have done, but she would have paszd given to rovere witness was soul to Chief and an accident was the immediate and sippin business, iz drawn by the Pier from which the note of that case is takin, treech-loading and that the lines of these safely aleat as heretubators alleged if it had Engineer to tell him to reverse as hard as edemacy consequence. Was the City of master to a mass with these marks only on it, and therefore the animal facts are not before ships indicate speed. Those are potential

cuparted. not been for the currsit herein before tenho could. After he returned to the Pilot Feting in a strong tidal current and swept G. Rayal, Port Said, this case had been the Court, nor does it appear frous the enemies, for whom it bebores us to provide tioned catching her on the starboard bow House, thonnghar was let ga. Struckalmost auddenly and swiftly to port, and was she landed ex Peshow together with the other reserks in Leggett whether the marks were before the piping times of peace" have right angles, but he thinks the smalleat passing where the saptain of the City of Hongkong cargo, and it is now admitted Jinserted in the body of the bill of lading of here are at present twenty of our ships - and cunting her suddenly and swiftly to port Until that moment there was no angle was batwoud the two sterns Cesar Peling says she was? The evidence of the that there is no doubt that this was the in the margin. The same case is referred flauger whatever of collision, and the mae Christian, the quartermaster at the wheel, P. and O. Captans and Capain Walker plaintiffs cree of clyarestes. Mr Paritt to a note to Carver on Carriers at page on the Chlua Station, Four of these ortoos 29.1964 100

We were heading to pass close shows that there are tidal currents about comes to the concluson that this is a case 78, where he says the case is said to be Midge, Zephyrs Merlin and Cookchafer, are The baremotor is rising except in Wisdi. mont it became apprens that there was states: risk of gollision everything that skill and under the stern of the Belgie. This course Kowloon point, and that they are well known which has miscarried its derivation and governed on the anthority of Howard e utterly useless for all war purposes. The wostock: Gradients for S. W. vinde are Benmanship could? As to avoid the enllision would take us half way between the 3 B. to them, and Captain Walker on one occa gives orders for its reshipment on board Loker (B. and Ad, 112) It is clear Midge, indeed, bas long been unable to moderate. The temperature and humidity

result are buttar. Tro years ago, during or lean the force theron was done by buoy and the land. Noticed a junk with sinn felt the effect of a current au that he the Ganga, another of the Company's therefore in that case the words are in the mors, and the Zephyr will shortly be in the are high and cloudy weather prevalla.

12. Those on and the City of Peking bay than the land. Would have cleared Hsita with the Ucus, but he was andea 15th March, or seven days after the tales it to be in the margin as the RIAN BOSTS, "ALD Grows wero removei

Junks, and that course was not changed vouring to pass very close, hout: 70 feat arrival of the shutou There was of my decision is that the plaintiff fails as to "could not by ordinary care ur seamapabup when olose to the jaaks, 'the shio com. From the bany; and Captain Mudie also also oridence before me that it is usual) hh main contention sia, the $203, 34, but from there beats and put insteainers obarter- Eave avoided the collisions

In the prafiminary act filed by the City minced to sheer to port. The helm was experienced the effect of a current near the for cargo owners to apply for their cargo inasmuch as the case of cigarettes hexnated 2 aruiasra We may in fact, ignore of Piking it is alleged that the tide was never moved. The helm was put herd.a. busy but says he had passed tou far to the within seven days of the arrival of P. & been deugered sun is not ready for delivery/thegshing altogether, and consider the soft, and to the level of klas ged in hunhes, fanthe

Fahrenhsity ebling with very grust forms, abent doe 6 part. In cross-examination, witness Raid south. Captain Seymour knows of all the O, steamer. Under these circumstances it me freight has boyu earned and there mustas made up of fourteen ressols, good, sad

sha The two But shipa czery modugu guns, buk-3, Emrimer, în persenters of saturation, the Emots an hour, whilst the preliminary eet he know there was a current, the floof catrenia and never had an accident. Mr. et argued on behalf of the plalutif(1) ben return of it I therefore, dismiss the bad. At the bottom of the flet, then, come and the xf the plaintiffs states that it is runding which wea to drives ship's head to parts Speechly has had a long experience of the That the defendant was stopped by the suit in so far as it relates to the 8202.84 the anderer Daring, Soft, and Liszt runs, in the shade in degrees,

L. WOODEN,S211 83 Judgment was given in this action to-day W. G. HUMPHRIES.

Mr. Wilkinson, of Messra Caldwell and Wilkinson, appeared for the plaintiff, and Mr Johnson, of Messrs Sharp, Johnson and Stokes, for the defendant.

This Lordship said

ParthisOct 20 Nor Abyssleine HINO

DOG

DOG 23.

NGY, 29 DA. 4, 2D

29 Jun 16 Ja

19 July 4 July July

1 Sept. 16 Sept. 23 ch

S

the porky ward theroof, but at this moment the order was given. He saw the junke said he did not think of slacking ont chsin | Constantinoplo to vagkong via Port Sarrying a doctrine of stoppel by the and arguments only go to then that nomihly at the China Porta and Hiogo, but it in the

a strong tidal current running to the south

bes, of mismanagement

of her.

were those ordinarily and customarily stear

ed in entering the harbour, and every or

other vessels.

those on board the Qay of Peking

When he place a ssil over the hole he had to get into | of his cass of cigarettes natil à létter late it is not shown or even pretended that hơi that it is not sufficient to ju luerleeurs Adamson," Bell, and Co., whosa

Captain F. & 0, Chig Offer and the third offer as to

bill of lading (2 That it was the duty of AFFEAL AGLINET

TER BRITISH FLEET ON THE

A correspondent whom the 2d 0.

same condition: The Firebrand and Esper

Chin

METEOROLOGICAL REGISTER

AF 4 P., 20-DAY Barometer

20.76

Temperature HumidityR Direction of Wind $52 Force Weather

Hongkong Observatory, June 10, 1887.

CHINA COAST METEOROLOGICAL

diation.

REGISTER

JUNE 9T 4PM

9.00

an

Jusz 10,

Haiphong ruso... Mails... 29.91 84

Humidity.-

ngkong 21.63 84 2889 81 Shanghai. 29.83 70 90

Nagsald

Wind:

ROMBIENCE CANVIRKN

Government adstrinomar:

Hog Oservatory, June 9,

Rain during

1.88

0.13

*1. Babokatue, reduced, to 18 degrees Fahren-

Low by the Champion, Cleopatra Constance, 5. Borox Wins,

boat 1-6th of a suct an hour in acord Tas first Assistant Engineer was working | tlder and Dever knew of any current exceed- i latter of the STAUNTY and the bill of and order doleudun to repede 30 no Aly one of the four eau de relied upon Saumidity of aiz saturated, wish, moisture being: ca with the deciswas in the Annot Jule, the engines, & He got an order to slay at 10g I knuts except after they poor lading from denting that the adenoffo order was made as të ca to travel more than eleven mola The cor- 100 ELSE the onas Isyon o doferdants to dieWorked perfectly. The order to atop was between the avidance of Captain Dearborn, Company's agent at Port Baid, the date MESIN (37 OF PROPERTY... d If P.D. 114 and the dus 12 P. D. 452.16, and obeyed it at onse Tha enginer 1874 There is considerable discrepanofi cigarettes was marked as described in the RRYMBUR VALUATOR N 1 Pekte olans in sèpresented on the China sta-1 DisSTUN OF WIND, Lo Lwo Prunde, wharge beingetres from the liability which at 2,20 Cain Bayshores of the Dasha suddenness of the lide's not and the being sent to him for granskhinvent, to do Judgment was given in the Appeal by Sapphire, Heroine and Sakhite Thessalya Soale of a wording to Block arose from the fact that the City

P vame into collision with and damaged currents and tides and his experience of the third officer maker the ship's hand to have that it was propetir marked and, (8) That Mr J. D. Humphreys, of Arc AS can travel, inder favourable circumstances, a ship at anchor. The aim winese Harbour. His buoys on the same line guns elf a questor of a point as the first of any fats it was by reason of the defons Welson & Co., proprision of cho Hongkong at twelve and a-Hall know, which may becon de fobale, d'drawing, rain, flog, o glocsog, to ease in Boogkang that it was not delivered. Mi a. Saltea Hooper, Corernment Vainator surastly, the brat four are armed with equating, snaw, i thunder, y villainy, called by defendants was Capt. Wo with the P. M. Co. bury. This site observations he mide The Osptain and dante nogligencs after the arrival of the Dispoticary, against the valuation placed by sidered Airl lective speed. Unfor, hal, & lighting, ocefract p passing shower, Heary Walker, who commands the says the ebb tide on South side af channel chief priser also differ considerably

P&0. & B. Bulgo and has made woven i generally sela Lu Esatur 8.B on the the position of the Rhip and unks. The On the port of the defendant land of of Police and Lighting Pater, on the phy.fantiquated uns, and would tare badly 100 kg, thực in biches, tenths and bende MILÓN,