1911-05-30 — Page 7

TUESDAY, MAY 30, 1911.

{Corynion"] FRANCE IN MOROCCO.

THE SULTAN' › THANKS.

(Reutar'a Service to the Ching Mail)

Lostor, May 29.

A For message states that the Baltan hus meceived General Moinier and the principal.Franch officers, and thanked France for her help in restoring order.

· LATE TELEGRAMS.

આયુ

THE PARLIAMENT BILL.

Losnos, May 25 In the House of Lords yesterday, the Archbishop of Canterbury made an earnest appeal forts comprovalso.

Lord Lorabara said that there we no prosport of a compromise in re poet of the Parliament Bill, but that thers were hopeful aigua that there might ho matter for con-

sont beteafter if the Liberals were given real equality of opportunity for passing measures through a reconstructed House of 'Lords, -M-C, Ukaily Neses,

COUNTY CRICKET.

Lornuz, May 25,

In the matches played in May 92, 23 and 44: Northamptonshire bant Gloucester shire at Northampshire by ten wickets; Kent beat Michllesex at Lord's by 172

rans; Yorkshire beau Worcestershire at Dudley by ton wickets: Warwickshire best, Leicestershire at Birmingham by nine wicketa; Derbyshire' bat Lancashire t

A QUESTION OF SECURITY

FOR COSTS.

The motion was that so much of tho

THE ARBITRATION CASE

.

Hon. Mr H. E. Pollock, K.C., was fur the Java-China-Japan Lijn, instructed by Mr G. Scott Haraton, and Mr Eldon Potter for Olof Wijk and Co., instructed by Mr G., Hastings.

The Chief Justice, Sir Francia Figgott, at appeal case between Colonal Harrison the Supreme Court, this morning gare his Midwood and W. G. V. Robinion and the decision in the arbitration case in which Robinson "Piano Co., Lod, caune before the partion wore the Java-China-Japan ju the Chlof Justice, Sir Francis Piggott, and and Olof Wijk and Co., China Agencies, Mr Justice Gompertz, sitting as a Full Ltd. The dispute was referred to arbitatore Court, at the Supreme Court to-day.

and Messi: R. Showan and W. D. Omddock order, made by the Chief Justies in Cham-appointed with Mr G. H. Medhurst bers, as ordered that plaintif should not as umpire and they male certain findings bo required to give security for coats to be

op fast while the points of law with regard incurred in connection with the proposed to the charter-party were referred to the commission to take evidence in England, Court. might be varied and that so much of the said enter as ordered or directed that plaintiff do execute to the Registrar a blank transfor of the shares, held by pinia tiff in the defendant company, as security for the sum of $3,700, the amount of the additional security excluding the costs of the wall motion, ordered by the order, de furnished by plaintiff, be varied and that it might be ordered that plaintiff da furnish security for eras of the motion and that the ammnt thereof be referred wi the Register for his noirt and that it might be further oxleret that ghaintit do furnish ish Security or further and beter security than the said share in the defendant enojany, including the auant of the costs in the motion as fixed by the Registrar, and that in the meantime and until such further security be given all proceedings in the action by plaintiff be stayed.

Hon Mr 1. E. Poll-ek, K. C., appeared for appellants, instructed by Mr G. K. Hall Brutton and Me E. B. Hind; and the Hon Meti, C. Alabaster for respondents,

seruuted by Mr Lewis.

THE CHINA MAIL.

think that in normal circumstances the Java Line had a right to cancel the charter-party on the termination of the voyage the ship was then on. I do not think that this was affected by the first part of the corre their confidence in the vessel, and tho spondence; both the parties had exprossed charter party being then running, the cou- dition may be said to have continued. Bat the position of affairs entiraly alters on February 3th. Both parties seem to have abandoned their attitude of confidence and come to an understanding as to the sale of the ship. That being so, the case sostan to me to change its character altogether, and the right to canool were gond The facts are almost the same in pticoiple as in the recent arbitration case between Sander, Weilor and Co. and the Wing On, If you have a legal right yon muạt, exorcise it when the occasion arises. You cannot His Lordship, in the course of his decision, mid--This is a special case stated elsewhether it be to submit other cos

como to an understanding to do something by the arbitrators in an arbitration between tions to arbitration, as in that case, or to the Java-China-Japan Liju nad Messarrange for name other mods of estiling the Olot Wijk and Co. agreed upon between the parties as to

Certain facts were dispaio, as in this case-am afterwards which, down to No. 6, I have nothing to answer three in the negative. Next, id revort to your legal right. Therefore I say, but as to and 8 I must point out they terminate the charter-party? It is that they are not facts agreed upon; they made clear by Messrs Ewens and Harson's deal with a certain procedure which ha letter that the letter of 22nd February WAS boon agreed upon between the parties (1) not to be taken as a termination per se. Thas the Court is to decide who is entitled It ir than a question of fact whether on the to the custs of the arbitration; and (2) that return of the Victoria Lom the voyage in satter without roterince back to the hara carried out their intention, and have the Court shall give judgment in the question the Java Line can then be add to arbitrators so that the arbitrators unbroken the charter. As to this I am in the to the Court the whole of the reference dark as to the facta, na the correspondence except as to certain filings of fact. Thranda h the latter of 27th March and the point did not occur to me during the argu- cargo would have been discharged by the 3rd ment, but it is advisable that I should April. In the meantime the arbitration mention it hocase I have almost no doubt had been not on foot so that I do not quite at all that this cannot be done for the see how the arbitrators could have decided stiple reason that the Court cannot assume this question. But horo Menara Ewers and

parties unicas it is regularly invested in the "If the arbitrators hold that our clients matter with the powers inherent to a Court were ant entitled to give the mid notice, But curiously enough. when it comes to the then our clients will carry on the charter." statement of questions on the facts found. I hold that in the circumstances they the character of the case stated atters, and were not entitled, therefore they carry the case as I have considored it are inaluded taken longer than was anticipated, bat practically all the questions which arise in

сп the charter. The arbitration has the questions propounded, subjects the parties ware reasonable acough alanys however, to the reference of the question of conta to

to go to arbitration, I presume that they ̈j which are within the sole jurisdiction allow the vessel to remain idle. If they

tho Court

have not been so unreasonable as to

of the arbitrators. Having said this for) guidance in the future, I shall deal with carry on there has been no breach of the charter-party and consequently no damage

Manchester by two run Cambridbjection to make. That being an appel / Jurisdiction to decide a case' by consent of Harson's letter of 22nd March comes in,

University bant Streux at Cambridge by 41 runs; and the match between Surrey and Essex at the Oval was drawn. — N.-C. Daily News,

THE THREATENED SEAMES'S STRIKE.

Losos, May 25. The secretaries of the various branches of the Seamen's Union declare that the men are splendidly organized. The date of the

Mr Alabaster said he had a preliminary

asty cats only leave should be obtained before no appeal to the court.

The Chief Justice-This is on appeal as tu scurity for costu,

Mr Ahbuster-It is an absolute discre- tion and they ought not to have brought

us info Court,

The Chief Justice-This is an ordinary

order in Chaminers as to costa,

Mr Alabaster-1 should say there is no appeal from it at all but certainly there is no appeal without leave.

The Chief Justice-There is na infinite ahreatened strike i buing kept secret. It number of unuses on appeals from costs but the case stated, and in the matter of costs for breach, subject of course, to the inter- I don't know one where leave his bee them as I think the arbitrators should/Tening period from 3rd April to the present

will probably be early in Jane, but not in Coronation wook.—N.-C. Daily News.

A DOMINIONS OFFICE.

Losos, May 24.

Speaking at the Conference of Imperial delegates, Mr Asquith said that, with re- Firence to the sparation of work connected with the Dominions from the rest of the work of the Colonial Office, the Government toped to submit acceptable and fruitful

anggestions.

granted. The sonder opinion is that it is based on right,

The Chief Justice-We are quite clear that leave to arqueal from the order is not

nectrsary.

Mr Pitlock, in opening the ease, said that they were appending from so much of

I shall, the parties connecting, doal with

time. With regard to five, I think they are not entitled to terminate the contract

bare dealt with them on my findings on tion that the vessel is insurable as a Brst dent though it gives, when broken, a right the questions of law. First, in the declaraBut with regard to one, a condition prece- cinas risk & condition precedant, or is its envenant for the breach of which the to rescind, does not thereby proclude dara- charteror may be compensated in damages being given if the charter is not rescinded. Therefore I answer this question

There seems to be no express authority on

that the excess premium has been paid as alleged, but documentary evidence should be adduced for the satisfaction of the Registrar. Now he to bosts, how does the matter stand? The Jara Lino claimed something to which they were entitled, and it was refused. This led them to claim something to which they were not entitled I think the most equitable thing to the circumstances, more especially as there had been some arrangement inade to sell the ship, is that each party should pay i

heir own cost throughout, and divide the the costs of the arbitration.

Mr PutterYour Lordship holds that we have to marry on the charter?

His Lordship-The other side have stated that in their letter.

the order that ordered that plaintiff should the point, but a prior considerations point afirmative. I have no mason to doubt not be required to give security for caste

to the conclusion that it is a condition which would be required under the proposed precedent. A chaiterer does not want a commission to take evidence in England ship which is a sacand class risk his ship Tracing the various stopspf the commission, peis are sure to rates dificulties; may have Referring to proposals for closer politica: Mr Pallek continued that on February 23 to pay extra premism; may refuse to union by means of an advisory council or of this year. Musers Braton and East a ship altogether. If an Al ship is on otherwise, Mr Asuith observed that they solicitor for defendants applied to the the berth at the same time they will ship maat remember the value of plasticity in Court for an order directing that a cum by her, and so on through a long string of Imperial organization and the importapes mission be issued for the examination rensoun which, will occur to anyone. That for all of maintaining Ministerial response roer of witnesses in that action in is the condition in which he charters ability to Parliament.-N... Daily News, England. A sammens was taken out the vessel, and he would not take it unlem by Mestre Bratton and Hett, as solicitors that condition is fulfilled. Put this the for defendants, asking for that. It was other way: if the owner covenants that the RUSSIAN PLANS IN THE AMUR,

very important that their Lordships should shipia A1, how can they, when it turns out LONDON, May, 24,

have before them he believed the point te be a "second class risk, say "Oh, "well: was not actually before his Loriship the It does not matter. Damages will meet Chief Justice when be decided the point in the case." The practical difficultion in Chambers the attitude which plaintiff the way of assessing the damages itself took up through their solicitors in response shows that they cannot. Therefore I hold to that application by defeuiants for that this was a condition precedent. The the commission. That, attitude

wcharter was for a year; it is knowledge oct in 8 letter in plainly set

which the owners must be assumed to have regard to the matter of a commision that a time charter for a year must cover Plaintif desired to join in the commission and the solicitors ennsented to wired many voyages, that insurances will to effect. be absolutely an ordinary order being made ed on each voyage, and therefore that on in the case of a commission to take evidence, every occasion when insurances are likely to that was to say the cuts of the commission be effected the vessel must be insurable as shall be costs on the chase. That letter a first clase risk. What are the rights was of immense importance because plain of the charterers when it becomes known to tits, through their solicitors, desired to

them that the condition laa,been broken? juin in the commission and mated, They may rescind the contract. They must quite properly, tlit the

it at once, but this manifestly must the commission should

allow for time for the knowledge' to reach of the cause.

Talograms from St. Petersburg state that the Governor of the province of the Amar has recently applied for authority to engage 94,000 Chiness for the construction of

barracks and other military works. Al- though the application was supported by General Ssuoltomlinoff, the Minister of War, the Council of Ministers has rejected It.-N..C. Daily News.

RUSSIAN NAVAL PLANS.

Losos, May 17. The Bill for rebuilding the Russian Navy provides for a fleet each for the Baltic, the -Black Bea, and for the Far East.

-

The expanditure for this work will extend aver a period of twenty years. As it is necessary that the 'building of vessels of every class should be commenced simultan eously the sum aliettol for thurfirst year is the largest.

The Tar sacooeded in his effort to have British engineers and French capitalists -so-operate in this enterprise, The ships

will be built in Russia. — Jiji,

OPIUM DIVANS IN PARIS,

Losos, May 18.

сансе of bo costs

they

Mr Potter-They stated in court that

had terminated it. Mr Pollock-If we carry on there will'¦ be further damages. chartered again.

Mr Potter-The ship has already been

His Lordship-That simplifies matzers. Mr Pollock I think the ship was chat tered, without prejudies to the rights of

either

Mr Potter-No. After they said in court that they had terminated the charter, no atter what happened, wa mimic atlier

arrangements.

His Lordship said that he had mà nh, jection to contigning to arbitrato in the remainder of the caso if each side møden statement of the facts.

PLAGUE.

During last week there were 21 cases of

7

WATKINS,

LIMITED.

NOTICE TO

SHAREHOLDERS.

The TWELFTH ORDIN-

ARY ANNUAL MEETING ·

of SHAREHOLDERS will be

די

held at the Company's Office, Watkin's Building, No. 31, Queen's Road Central, WEDNESDAY, the 31st May, 1911, at Noon, for the purpose of receiving the Report of the General Managers with a State-

ment of Accounts -to 31st

December, 1910.

The TRANSFER BOOKS of

the Company will be CLOSED

from 24th May to the 31st

I

May, both days inclusive.

General Managers:

G. A. Watkins,

Chan A'Fook.

Hongkong, May 15, 1911.

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HOSE PIPES?

In reply to that them, if in the, circumstances the refus plague, all Chinese, of which all proved į March 17, Messrs Brutton nad hett wrote

has Specify" LONDON MADE" Hose, agreeing to it, and on the same day the abroad. But may they postpone the actual solicitors for the respective parties having cancellation of the charter until the end of come to that arrangement with regard to page on which the ship then ia? Will the commission there was an order fled in the Court with reference to the

commission.

SU

That order

WEB

nindo

this be an immediate recission, or will it te

cases were imported. The total since the beginning of the year thus amounted to 68, of which 51 terminated fatally.

Two additional cases were reported for

a waiver of their right to rescind? There the 48 hours ended at noth yesterday is no decision that I can find bearing on

CORRESPONDENCE.

THE CORONATION FUNDS.

(To the Edior of the CHINA MAL") Sm,-From time to time subscription lists in connection with the Coronation culmane, but so far not the least intimation has been given of the total amount collect

THE S.S. ORIENTAL FIRE.

Details of the fire which broke out an

Write for Illustrated Pamphlet with prices.

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Established over 200 yuara...

SPORTING.

Hongkong Tennis League.

WIGWAM . CLUB DE RECIO. This match, played on the Wigwar courta yesterday, ended in a win for the home team by 66 games to 43. 17

Brandimar and Fittock (Wigwam) won. 21, lost 17.

Jeffries and Wolf (Wigwamı) won 20, lost 13.

Chilvers and Kennitt (Wigwam) Won 15, lost 13.

and filed giving plaintiff in that this question The ‹aly question; there. abolutely identicnl rights with fore, in the sheence of express authority is thosa conferred on defendant. Plinthether the charterers were within their equally with defendant could examine any rights in what they did. I think they The opium divans of Paria are increasing witnesses under the commission whom lewere. The ship was on a voyage, they give rapidly that not loss than one hundred desired to examine and inchicatally under notice at once, but the poetinement of the and fifty senators have formed a body to tint the plaintif himself cold bo'examined

cancellation till the conclusion of the then stop the import of opium. - Japan Timer.

A witness without any necessity voyage seems to be reasonable from the celebrations have been published in your ( whatever for returning to this Colony point of view of all parties; it is not of FRENCH PREMIER'S CONDITION. That was a very important point. Plaintiff arbitrary period, but one which will prevent

nd already left the Colony for Home and ery complicated questions arising after ed. As the public have been appealed to PARIS, May 23.

there was absolutely no necessity for him'towards. Then there is another point. It for funds, would it not be the proper thing The injuries suffered by Premier Autoine return on what would be an expensive step, was arguod very strongly that When to let the public know the extent of the Monia in the recent terrible scroplane acto come, to Hongkong and go back again contract bas bon partly performed and response Yours, etc.. cidant here were > varied, and the shock for the purpose of giving evidence in that the consideration for a promise in part

ENQUIRER. to the system so severe, that fears have action. All the evidence plaintiff desired received, that promise must generally be been entertained that he might lose his life.to give he could give at Home under the A bulletin has been issued by his medical commission. Any witnesses whom he posforme1, although in different conditions attendants, however, to the effect that the Hone, and there was not the malleati in dimages," But it is sinar that if the F. and O. steamer Oriental at Shanghai desired to examine could be examined at from th se anticipated; the reinody then premior will certainly re over. Cableneca necessity as the commision was drawn for American,

plaintiff to set his foot in the Colony again.

was right in my view that there is such a show that the outbreak took place when That was done by the consent of the parties thing as a contir uing condition precedent, at the Old Dock buoy, at about 4pm. on the steamer bud just completed her lay-up and Mouses Johnstone, Stokes and Mater suggested that plaintif should join in that apply for the ides of such continuing officers and crew of the vessel without the then the principle above referred to connet May 20, but that it was suixdued by the ecuninision. He admitted that it was a TOKIO, MAY 24.

very tural: anggestion. He submitted condition involves the part performance of assistance of its brigade. The fire startedQueen's College

in the No. 3 hald, anting some ention that Considerable importance is attached in tirat the effect of the order was to put the contract. The questions sammitted to „Diflcial circlen hara to the report that as they had both been applicants to owners are liable to pay the charturore any into play, the fire was extinguished within parties in the same position as if arbitration are these (1) Whether the with Gve streams which were promptly got had been taken in on the day before, bat

sis is msturing a schone for the establish the Court for leave to examine witnesses in ment of a military e lege in the Far East. England and further it put them sums for promis paid on the insurance of two hours before any great stage had The report is announced an on the highest mission werd made costs of the cause just charterdes have torminated the charter; (3) has sustaded no structural damage beyond in the position that the costs of the cup the cargo of the said sel; (2) Whether the ben dope. The tig. Vulcan stood by hut her morrices were not required. The vessel Authority-allenes American,

as much any other costs in the cute whether they were entitled to terminate the burning of core of hur hatches while such as costs of instructing, cound to draw ap pleadings, obe. MEA Hit; (4) Whether, if they were not entitled the siment of cotton daonged by fire and The Chief Justine I have always held a terminate it, they are indebted to the Great credit is due to the officers and erow water is ostlinatod at about 150 balen. OR summer diarrhoea in children at that the applicant should find the costs. away for damages for breach of the of the Oriental, ably assisted by the

ways give Chamberlain's Colic, Cholors The court is quite clear that all premible And Diarrhoes Remedy and castor oil, and costs must be aladed in the security and chaster party (51 Whether, if they have European stewards, in tune promptly

a spiñedy cousile contain: For mle by all | all probable custa in the future..

mol terminated the charter, they are on- quelling what might have been Chemists and forekeepers,

Their Lordships reserved their decidons, titled to terminate it. As I bare said, I outbrok

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