1903-08-24 — Page 5

HONGKONG

BUSINESS DIRECTORY.

BOOKBINDING

DAILY PRESS" OFFICE.

The only office in China living Europeau taaght workmen. Equal to Home Work FURNITURE WAREHOUSEMEN.

A CHEE & CO., Established 1959.

Every Household Requisito. Depot for. Eastman's Kodak Films and Accessories;

17s, Queen's Road Central. CHEONG LEE & CO. Furniture Store

SUPREME COURT.

Saturday, 22nd August.

IN CRIMINAL JURISDICTION,

BEFORE HIS HONOUR SIE WILLIAM M. GOODMAN (CHIEF JUSTICE).

A PEBIL OF THE BEL

BUE TONGKONG, DAILY CRISA MONDAY, AUGUST 24TH. 1905

Bods

Established over 20 years. Importers and propisintiffs last November, but execution Leontract. Those principles were fully discussed bardan being imposed on him a earrior he

Exporters, Teakwood Furniture, Black wood, Jewellery, &c., highest grade best and cheapest, E, Queen's Read

Central

JEWELLERS

MAISON LEVY HERMANOS

Diamond Morchants and Watchinakers, du Watson's Building, Queen's Road. Als

at Bhanghai, Manila, Paris and fleils

PHOTOGRAPHER

M.MUMEYA, JAPANESE AUTIST.

Bromide and Crayon Enlargements and alno colouring Photos and relief Photos. Views of China and Manila. Work done for Amateurs; 11o. SA, Queen'

Road Central

PRINTING

'DAILY PRESS" OFFICE Proofs road by Englishmen.

STOREKEEPERS

F. BLACKHEAD & CO.,

Navy Contructors, Sailmakers, Provision and Coal aferoliants, Sel Agents for

Hartmann Raltjen's Genaine Com

position Red innd Brand.

BISMARCK & CO.

Novy Contractors, Ship Chandlers, Provision and Coal Horchatte, Buil- mukeri, &c., Fresh Water supplied to

Vessels the Harbour

in

EWONG BANG & CO.,

Shipohandlers, Sailmakors, Provisiouers, Coal Merchants, Hardware, Engineers Tools, Brass and Iron Merchants,

144, Des Voeux Road.

MORE & SEIMUND,

and 26, Connaught Road, Praga Contral. Shipchandlers, Sailmakers, Riggers, Commission. Agents and General Storckospors; Sole Agents for Shipowners Composition ("Grey- hound Brand") and Blundells

Spence & Co's Composition WATCHMAKERS

DROŻ & CO.,

14, Queen's Road Central Rapairs of Watcher and Clocks by competent

Baropean experts at moderate ratas

of tho

In the matter of Un Wang, Fang Lang Sze Tang Kow, sotton No. 174 of 1903, His Lordship delivered the following ing mind the soles, brought by the plaintiffs to obtain payment from the defendants of asam of $1353921, principal and interest das ander a note, judgment was given in favour was stayed pending the hearing of a counter claims set up by the defondant claiming some $18,203.29 daronges against the plaintiff, in respect of an alleged breach of a charter party

The question whether the plaintiffs the action were liable, whether they had in law committed a breach of a charter party between them and the defendante, was argued before me some days ago by Mr. Shade for the plaintiffs and by Mr. Morgan Phillips fix the defondant (the charterer). It was arranged that if I held the platatuiffe (the shipowners) lisble for breach of contract, the question of the quantum of damages could be decided later the on. This judgment, therefore, deals with the question Cortain facts being admitted, do anch feels show a breach of oharter party by the shipowar rendering bim liable to pay damages to the charterer ?" The facts out of which the counter claim arose are as follows. Some time before the charter party was entered into a steamer, the Fulami Mara, was wrecked on or near the island of Mindoro, in the 'hilippines, and the defondant, who is an enginsar residing at Yaumati, Laving made cortain arrangements in that behalf, was desirons of saiving as much as he could of the cargo of that wrecked steamer. Accordingly he eatered into negotiations with the plaintiffs, who, under the nago of So On, were owners of a loroha called the Shun Wo Cheung, for the hire of that vessel for three months with a view to facilitate his salving operation, and to bring to Hongkong so much of the wrooked cargo as be succeeded in salving. These negotiations resulted in su agreement in Chin-so, dated the 4th February, 1901, being ontored into between the owner of the torchs (the plaintiff in the action) and the On Cheeng Company, who may be taken to be in reality the defendant is the action. As the plaintiff in the action is really the defendant in the counter claim. I will to avoid confusion hereafter call the respective parties the "owner" and the "charterer." The translation of the charter party as cartifled to by the Cours translator to be correct is as follows:-

4

་་

in

WM. POWELL, LD,

GENERAL DRAPERS, HIGH-CLASS DRESSMAKERS, AND

GENTLEMEN'S OUTFITTERS,

#4

LADIES' AND

28 & 34, QUEEN'S ROAD,

CHILDREN'S

DEPARTMENTS,

OPPOSITE THE POST OFFICE (FIRST FLOOL UrSTAIES),

GENTLEMEN'S DEPARTMENT,

28, QUEEN'S ROAD (Oprosite HONGKONG HOTEL).

WM. POWELL. LD.

JUST RECEIVED.

through a perll of tho set. The torcha "having ↑ particular customer's goods on a partfonlar prastically exsed to exist, the charterer claims journey, incurred a similiar liability to that that the owner has broken the agreement and of a common carrier in the absence of some- je liable to pay as damages for breach of the thing to limit his lability. Indes1, in giving charter party the vain of the salvage apparatu bis judgement, Brett Jwant farther than 00 board, which was lost, the cost of new | the other judges in the case, and, although apparatus, and $5,000 damages for the delay was not necessary for that particular decidon, rendered necessary in commencing the salvaged" think by *

recognised caatom operations, whereby it is alleged a quantity England, every ship-owner who carries of the cargo was lost to the salsur (tən fər kire la bis ship whe bar by inland naviga charterer). The charterer, moreover, contends tion, or coastwise, or abroad, undertakes to that the $1,550 paid in advance for the carry them at his own absolute risk, the not of first month hire must be refunded by the God or of the King's enemies alone excepted, owner. It is well in the Erst place to cos

agreement himself and a sidor what are the well-known principles of partionby tenighted on a partionlar voyage or law where the performsson of a quatrast voyages, be limits his liability by further exemp becomes impossible owing to the perishing of tions Uf course in ordinary charter parties the thing which is the subject matter of the the shipowner is protected agui at an unfair and clearly established in 1863 in the well-known the exceptions contained in the charter party case of Taylor v. Chidwal, 3 Beet and Smit..'s --one of which szempts him from liability Reports, por 898. There, A agreed with B to case of loss by accident of the ses and navigs give him as use of the Surrey tasio Hallution" or "poris of the sea," as it is sometimes certain aprind days for the purpose of giving worded. If, therefore, instead of making a four conesia and flea, at a rent of £.00 for p-cial Chinese agreement, an ordinary common each of cheas days. The agreement had no form of charter party had been used, ao express stipalition for the event of the question of liability on the part of the ship- destruction of the Hall by fice. This event, owner could have arisen in the present instance. unfortunately, occurred, and the Hull was burnt Because, however such ordinary form containing down before the first concert day. Therefore, that exoption was not mal, must I in this B. who had been put to considerauio spets in oase find the shipowner liable Was it advertising and preparing for the concarts, saed intended by the parties to this contruct that Aal aging that as Ad agreed to let the Hall besiles ruuning the risk of losing $5.00) if his without

expressly excepting fire, to was liable real was lost in this vantare the ship-

take

himself to pay damages for breach of soutrast. Black-

the apra of bura, J. (afterwards Lori Blacktan), Lowever, risks of an insarae

th+ all

apparatus held that the plaintiff could not recover. In a

and cargo pat on board his vases! wist vor their valus might be? Was it intended that learned judgment, after reviewing the Roman law as to obligations de certo corpore, and stat

he should warrant that the lore a should ing the principle to be thai thob or carporis aot be lost by "perils of the mea during. certi la freed from bla obligacion when the thing the three months for which sho was hired? has portabed, neither by lua set nor ha meget

It appears to me, rather, that the ordinary

Gusranteed to keep Cigara dey in a damp, climate, sal muist in a dry climata, combin- und before be is in default, unless by som stipula farm of charter party was not used because tion ba han takon on himself the risk of the psr- this was not an ordinary common agreement ing utility with beauty and security, with a perfect preservation of Cigars. Would be pleased. ticular miat reans which has occurred, he goes between a freighter and a carrier, but rachora to have you inspeet these PORCELAIN CIGAR CASES. on to point out that common law authorities esta epacial agreement for particular and dangerous blish that, in such a contract, the same condition service on which the lordha was to be employed of the continued existones of the thing is

for three moats in relation to the salvage iplied by English law. After discussing operations contemplated by the charterer. He such contract a promises to marry, so paint we the person to salve the wrecked cargo.

He was the porson who got the picture, apprenticeship doods and our res where the implied condition is of the hfe of a human being, be goes on to discuss others in which the same implication is made as the tom, presumably to direct the coures of the vessel.. He was the person who had liberty continued existence of a thing, ih, to direct the vessel to sail or stop." There page 839, ha sums up by saying," The principle was no express contract to carry the instry- seams to be that in contracts in which the performance depends on the continued existence of a given person or thing, a condition is im- plied that the impossibility of performannos arising from the perishing of the person or thing shail exouse the performance." He con tinses as follows (referring to the he has discussed):

in none of thes

CHAOS COSCA

owner

TEAR to

two

pilte put on board and agreed to pay

ments for raising the goods, that is to say the pulleys, blocs, cards, rops, divers etc., to be used for dredging the goods, which were to be been put on board ut Mindoro, if they had been appled by the charterer. They might have available thors, though no doubt, as tho char taror was to have the nse of the vessel for three maths, be bud a right to pat those and other is the promier in words other thag

things on board where and when he liked, 1 The maker of this writings for granting the positive, nor is there any express stipulation do not consider this to be a enutract merely for charter of a vessel is Captain Bo Young, who, that the distinction of the person or thing shat the carriage of certain goods giving rise merely on behalf of the vessel-owner, So On. grants to excuse the performance; but that use is hy the relation of freightor and carrier.

It seems to me rather to be a charter of a the On Cheong Jompany the charter of the law implied, becsase, from the cause of th Shun Wo Chaung strongly-built torcha, with contract, it is apparent that the parties ceperial kind, and on the whole 1 have come brass-covered bottom, built by him (Son), tracted on the basis of the continuet oxista o to the conclusion that the principle set forth belling a capacity of about 7,000 picuis, iuolwl of the particular person or chatte" That in Taylor Callwall applies. This pria. ing all the tackle on board, together with the judgment has been followed and approved foreign rifies, cannon, gunpowiler, shells and up to the present day from the case of Appleby cipla if fully recognised in the text-b2018 shots all complete, and carrying a crew of sixteen Myers, L. R. 2 Cotamon Fless, pugh it, to dealing with the hire of ships, and I mig total

fol, quote with approval Section 256 of Cat ser's and sailors incinded, valued at the price of fifteen thousand dollars as agreed. It is distinctly decided that (the vas) shall go Hongkong to Mindoro Island in Manila and convey goods damaged by water back to Hongkong, and the term shall b limited to three months. The churter money from 1st February, 1901, and eball commence shall be one thousand five hundred and Afty dollars per month payable in advance in bank. notes. After the term of three mouths. if a for days have elapsed, they shall be counted a ton days and rant for same shall be calculated accordingly; if over ten days have elapad they shall be counted as twenty days; if over twenty days have elapsed they shall be counted as one mouth; if one full month has elapsed it shall be counted as one month and ten days, and if further time has elapsed it shall be counted in the same way accordingly. After the vege has bean chartered, the nunnager of the Oe Cheong Campany shall have the liberty to direct the vessel to suit or to stop. Should TENDERS are invited for the supply of the On Cheong Company require the assistance TEUPHOLSTERIES, WORK Por of, the employees and sail is on board the

GOVERNMENT NOTIFICATION, NFORMATION has been received from GUN that the Military Authorities PRACTICE will be carried ant from the Sanatorium (Pask) on the 26TH AUGUST, 1903, at an anchored target.

Pragsion will commenor about 8 A.., and and about D a.M., if the range is clear.

By Command,

F. H. MAY,

Colonial Secretary. Colonial Secretary's Office,

[2334 Hoogkong, 17th August, 1949,

NAVY CONTRACT.

from

wurk on carriage by 80s. Hays: Where the reported in the Times Law Reports, val. 18 ebligation is to load spacific goals and tisa ars page 548. In the casa I am deciting, destroyed before the time for loading has particular toraha was to be at the disposal arrived, without fault of the charier-r, it may of the charterer for three months. If that be that his obligation is at an end; or, if the forcba did ust saatjane. to exist, the tret contract were to loa part of u positie crop or became impossible of performance. The parties, part of the produce of a particular mine and in my opinion, contracted on the basis of the the crop or mina failed, without default of the continued existence of the foreba. Without say charteror, in sach a cus also he would probably negligence ou the part of anyone, the vessel beexosed his failure to load. The prosumption deared

to exist, and it seems to me that in such cases is that the parties intended their thera is an implied condition that, the descon

contract to depend upon the existence of the Where from truction of the vessel excused the further con

the nature of the contract, it appears that performance of the contrast,. It was, how. contemplated subject matt r evar, arged upon me that admitting that the parties raust from the burianing, hav

known that it the doctrine to which I have referred bald

could not be fulfilled naless somo particular specified thing continued. good as regards ordinary unfracta, it did not hold good fi the case of a ship waer sud

to exist, so that when entering into the they must have cont-mplated charierer. Uadonbtedly, special liabilities have contract been imposed vu carriers both by land and sea.

auch continued existence us the foundation of If the carrier by son wishes to examerata him:alf

what was to be done, then in tha abren of zuy from liability for loss of the goods entrusted express or implied warranty that the thing shall to bim he usually provides against certain con-axist, the contract is not to be e astered as a agencies by the exceptions" contained in the positive contract, but as subject to an implied bill of leding or the charter party, as the case condition that the parting shall be excused in may be. Ons as anderstand that, in the early case before breach, Delorme excel in days, when the law of common carriors was impossible from the perising of the thing Mr Carver against frend.

period of 12 Mouths from the 1st of Soptombor, Yes-el in the loading and discharging of cargolished, it was ce casary to protect the pu1lic † without default of the contractor."

be returned if the Tender ie doclined.

Hongkong, 20th August, 1903, ROYAL ÆRAT D

MANUFACTORY.

a

additional wages must be arranged for com 1903, to H. M.. Naral Yard, Hongkong.

In deliveri indem ut ia Forma of Tender can be obtained du applies presting or rewarding them. The instruments

meut, the chief of which is Tayler v. Caldwell. tion to the NAVAL, STURE OFFICER, for raising goods; pulleys, blocks: cards, ropes Riley. Horns, 6 Biugh-m, page 12 refers an a note to his authorities for this state. And divera, ste, used for dredging the goods, Best said (A.D. 828):When goods are

He also points out earlier in his book that H. M. Naval Yard, and should be returned not be supplied by the Ou Cheong Company delivered to a carrier they are usual y no longer charter party may be mule for other par- lator than Noon on 26TH AUGUST. 1903,

A deposit of one hundred dollars will be la case of the vessel being detained by the nader the eye of the owner; he saldon follows poses than the mere carriage of goods, as, for required when applying for Tender Forms, to authorities on account of the infringement of or sonds any servant with them to the place of instance, for salrage sarricos, and in wach the Chinese or Western lawa, or in case of such their destination. If they should be lost or else, he says, the rules with regard to contricts C shall at injured by the grassnot aegliganes of the carriage may not be applicable. On the [2359 like evils, the On Chessg

wpany

If the em Lend te it and settle it

ourrier or his servants or stolen by them or whole, having regard to the coatruct and the properly. WATERS ployees and sailors violate any law the (owner thieves in colludon with them, the owner

crcumstances, I decide that the loss of the of the vessel shall attend to it and settle it would be unable to prave either of these 3888ssel exonerated bath parties from further properly. If the vessel meet with an accident of loss; his witnesses must be the carrier's deformuo and cannot be taken back to Hongkong to be servants, and thoy, knowing that they could at Frformance of the contract. According to the Well-known principles of law (applied in the restored to the vessel-owne (the Cheong Com be contradicted, world crease their master and

Scent case of Hobson e. Pat enden & Co., 19 pany shall voluntarily lot the vessel-owner So On themselves. To give das security to properly Law Times Reports, page 186, and the cases take the ten thousand dollars for which it is in- the law has added to that responsibility of a ther-in 'cited) what was paid in advance cannot carrier which immediately arises out of his sured by the Instiranco Company in satisfaction

la recovered back. Judgement must, therefore, of the value of the vessel, as the remaining fire contract to carry for a roward, namely, that for the owner in the counter claim with thousand dollars shall be barae by the vessel of taking all reasonable care of it, the sts: owner himself; this together with other summsponsibility of an ineirer From amurata to fiftoon thousand dollars. This is liability as an insurer the carrier is only voluntarily agreed to by both parties and no to be relieved by two things, both so well known disputes under any protext shall be allowed to all the country when they happen that owner, and Mr. M. W. Stade barrister-at Lest words of mouth should bear no evidence, this writing for granting the chatter is forthwith made and over to the Cm Choong Company to be held and kept as a proof.

Witness-Kwok Cheong,

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Where you can get good drink I guess, Pure water tre always 1189, Essences many from which to choose, Our list of drinks will you smÜSƏ Apply

F. P. DANENBERG, Manager. Factory & Off-West Point Telephone 387 Depot--Ice House Street; Telephone, $74.

Hoval Spaciarities Best in the Far East Refreshing and invigorating drinks of the -season. Just Produced, Long-Life, Non-Intoxi- cating and Excellent Beverages.

Hir.Oes, Winter Stout, Strawberrynde, Jubiles-Champagne, Orange Champagne, Hop

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The Shan Wo Trung, So Young, on oh if of the vessel, So Ou, his true handwriting.

4th February, 1901: The roseal was to go from Hongkong to Mindoro Island and convey goods damaged by water back to Hongkong, and the charter was grated for a term limited to three months. The value of the vessel was fixed at $15,000 and the owner was to have the benefit of the $10,000 insurance money if the vessel met with an sccident and could not Lo token back to Hongkong to be rectored to the owner, the owner bearing the other 35,0-0 loss. It seems the charterer effector the insurance and dodacted the prominen out of his payment unter this charter. The charter was to have liberty to direct the vessel to sail or sop, and if he wanted the services of the orew for loading and discharging cargo he was to arrange for their reward. The instra ments for dredging the wrecked goods were to be supplied by the charterer. sharter money of 31,550 a mouth, payable in advance, was to commence from let February, 1901 and accordingly the first $1,350 was dely paid. Two pileta were also pa on board, whos wagen, werd to be paid

by the This Beer is browed of best Sanzer Hops sad charterer, the captain hot being familiar with the locality to which the vessel was to

The charterer plaoad on board the ap paratus to be used for salvage op go.

ratione. and the loreba started for Mindoro on the 9th February, 1901. It unfortunately got wrecked through a peril of the sen on 12th February before reaching Mindoro. It is admitted, by both sides that the wreck was not owing to the negligence of anyone; it wan

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(2117

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The

biz

person would be so rash as to attempt to prove Rosholy, I had bappened when they but not namely, the act of God and the.

It is true that the respousib "g's

placed un a common carrier by land, that is "person engaged in the trades of currying goods es, regular business and who holds hires-if out a ready to escry for any who may wish to employ him," has boon extruded to public warriors by water, such as bargemen, lightermen, and others. The Liver Alkali Campany Johnson, LA Reports. Exchequer, p. 338, shows that barge-owner who used to let art his vessels for the onveyance of goods to any customers whe ene ander applied to him, and who let the cara of his own. corrents to carry

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taken in hot water, sweetened, before going to bed, will brea it up if taken in time. There is only one Painkijór, “PERRY DAVIS?."

1139-2

Mr. Morgan Phillips, barrister-at-law (in- trusted by Mr. J. Hays, of Messrs, Johnson, Stokes & Mater, solicitors), appeared for the w (instructed by Mr. N. H. Bearis, of Messrs. solicitors), for the Wilkinson & Grist, charterer.

On the application of Mr. Blade, His Lord- ship agreed to stay execution on the original judgment for $1,339.21 for three weeks, condition that the defendant in the action paid into Court within one week what was now dus on that judgment.

Là

The stay was granted in order that the oharterer sy appeal, if he wishes to do so.

The Court jourued sine die.

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POST CARDS Coloured, Write-Away Cards, &c.,

For Sule ut QRACA' & CO., Stall st

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Also

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AGENTS-

325

BUTTERFIELD & SWIRE,

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Hongkong, 18th Angust, 1903.

New

JAPAN

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HEAD OFFICE-1, SURUGA-CHO, TOKYO. LONDON BRANCH :-34, LIME'STRKET, É.C.

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Telographic Address: “MITSUI". (A,B,C, and: A 1 Codes,

CONTRACTORS OF COAL to the Imperial Japanses Navy and Arsenals and die State Railways, Principal Railway Companies and fudustrial Works; Home and Foreign Mal and Freight Steamers, SOLE PROPRIETORS of the Faroous Milke. Tagawa, Yamano and Ids Coal Mines; and BOLE AGENTS for Hokoku, Hor.do. Kanade, Fujinotans, Mameda, Mansoura, Oany Of

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in Sets, Packats or Single King Edward VII

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Hongkong, 12th Jung, 1903,

2011

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(2308

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