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THE HONGLONG DAILY PRESS, TUESDAY, AUGUST 31ST,

SUPREME COURT,

Monday, 30th August,

IN CRIMINAL JURISDICTION.

BEFORE THE CHIEF Justios

(SIX F. PIGGOTT).

EXTENSIVE THEFT OF OPIUM.

1909.

I

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tion rulleod. But when we get to the land, the goods by the consiguee in such a way that other questions may arise not foreseen which it is tantamount to terminating the normal require special consideration and which cannot course of voyage, that is by ship plus lighter be panduded by a general proposition in the from the ship to the shore, then the risk has absence of such consideration. And this is terminated too. Applying this to the funts of necpasitated by the facts of this case. I apres this case; sulonbtly the voyago, and so tha that “"landing" means "landing," but Strong risk, was terminated in the case of the 200 e. Natally is an authority for saying that the baskets sold from the lighter. So, too, if on the words “safely landed” mean what they may, and evidence. I come to the conclusion that the con- A special sesion was held for the trial of the if the goods have to be landed in a lighter the signse intended, not to store the reminder in three men and a woman concerned in the theft risk covers the transit to the shore in the lighter the godown, but to sell them before storing, and of a considerable quantity of opium. The three in normal circumstances. "Risk of craft" is a for this purpose to store them temporarily in men were charged with stealing from the ss. clause introduced since the day when the early the lighter, then the risk would also bave cone Enteang on the 18th July 164 balls of Benares cases were decided, and if it is inserted in the to an end. That he would have sold them if a opium, the property of Messrs. Jardine policy makes the mattar atill more plain. But customer had come along is clear, but that is nat Matheson & Co., and the woman was charged it introduces some special consideration of the question I nawet be satisfied tirat with recolving it well knowing in to have been its own. I am of opinion that insurera he did in fact so delay the transit to the stolen. The Acting Attorney General (Sir Henry | are bound to know the conditions of godowns in the lighter, as to amount to a Berkeley, K. C.), instructed by Mr. Dennys, who the trade which they insure. The fact that taking control of them for purposes other than appeared for the Crown, said he would not offer Messrs. Butterfold and Swire do not take oil those incidental to the voyage, of ship plus ⠀⠀ any evidence against the third defondant and into their godown seems to me to be irrade vant; lighter. This brings me to the last point of that his friend Mr. Alabaster would conduct a consignee is not bound to put his goods into delay The landing must be in reasonable time: the prosecution in his absence. Mr. Alabaster the nearest godown: the fact that some well this point differs somewhat, in detail from a de was instructed by Mr. Shenton, of Messrs. Imown oil godowns wore across the water, zamat liberate termination of the voyage. I think, Deaçon, Looker and Deacon. The first and or should have been known to thie Insurance have already said, that I am bound to hold that fourth defendanis (the latter being the woman) company, and I think that even without this the risk covered the transit by lighter to one of were defended by Mr. Eldon Potter, instracted clause were necessary so to decide, but these godowns, and that it must further include by Mr. F. X: d'Almada Castro, the second certainly with it, the intention of theuch delay as is involved by the normal process defendant (the quartermaster) being un partions clearly was that in the proof landing the oll into these godowns. Now, defended.

cons of landing lighters would be used here again, there is one clear case where delays The jury was empanelled as follows: Mrs. Carther, that hading" means "putting the would release the underwriter. Supposing one J. C. Gov, A. Krautler, E. Jacobs, J. P. goods upon the land or upon that which is its of the glowns, or even both were full, and Douglas, W. M. Humphreys. P. Davidson and equivalent by the custom of the port," where, the lighterman lay alongside hoping for a R. L. Brown.

in the clear intention of the parties, it was chance of getting his oil taken in, clearly the The facts were outlined by Mr. Alabaster, intended that the goods insured should be risk could not cover such a case. Bat suppose from which it appeared that soren men approach landed, and so the voyaga torniasted. If, that in the normal course of things, the lighter ed the Kutsang sbout midnight in a sampan therefore, according to the practice of the man, or the consignee, applied for space, and he and on getting close to the steamer the first whart," which is much more suitable ex- defendant and three others went up the gang pression in the circumstances than the custom forehand, but that there was room, and his bost- was told, not that space would be reserved be. way. The second defendant, the quartermaster of the port, it is necessary, in order to get to load wont be attended to in due course, in Lights and Tennis Court.

of the steamer, met them on the gangway the lighter, to tranship overwharf, then it is suppose it, ware Urst come first served, always As SUPPLIED TO THE HOUSE OF ERANEE BUNGALOW," Kowloon. A and received money from the first prisoner. Bmall Garden attached. Moderate Rental, after which they passed on and entered the 20t landing but an incident of the repage, coupled with a promise that he would be servest,

LORDS AND HOUSE OF COMMONS. HOUSES IN LYEMOON VILLAS old. One of the three men remaining in which is not concluded until the craft then I am clear that this would be in the normal Kowloon,

Apply to--ARRATOON V. APCAR & Co., the sumpan climbed the rigging and in that the shore. The interference of the con risk. Now I am going to make a short cut through has completed it by taking the goods to course of business, and would be covered by the 14, Des Vini Boul. Position ressived the bags of opium which signee at the sexles does not bring the the evidence. The plaintiff's agents in Canton Hongkong, 24th August, 1909. [399

were handed him through the cargo partcase within the other doctrine, which deals were lu the habit of storing their oil in quan- Finally the four men returned to the sampan with the termination of the voyage by the tities of 20) to 400 baskets, sometimes even POPULAR SUMMER RETREAT.

and wore rowed off. Shortly afterwards the

consigues's own action, which I shall refer to of much smaller quantities. The defendants quartermaster gave the alarm to the offer on presently. Clearly, weighing the baskets as want me to believe that in this case they were duty that thief man have come." He pointed to three janks as having been concerned, but suspicy went into the lighter did not terminate the going to depart from, I will not say their cion fell upon him and on the arrival of the police law, as I am laying it down, might be somewhat, from what they very frequently did. I put the voyage. I am fully alive to the fact that the usual custom, because that is not proved, bat he was taken into custody. Subsequently the severely tested it s typhoon or tidal wave were letter on one side: I am not bound to „fral prisoner was arrested and then followed the

go for recovery of the opium in the woman prisoner's rise suddenly and destroy the goods whilsther than to say it might have been given by lighter, whence it had been transferred from they were in process of transhipment on the Mr. Ho without authority. Bat the godown wharf itself. But should such a case arias I am manager wants us to believe that no application the sampan, and the arrest of the others, ed until today.

Evidence was called and Ulie hearing adjourn. not afraid that the logic of the proposition, as I of any sort, kind of description was made, have enunciated it, would be equal to the task and that the plaintiffs' agents deliberately lay of deciding the case. A small point may be alongside so as to keep the lighterman his fall here referred to, It was suggested that while period of hire in the chance of selling the oil, Messrs. Butterfield and Swire's wharves were in and never intended to store it at all. The exam- the port of Canton, the oil godowns were ination of the godown book as to the amount of not. It could not be put higher than a mag-work done by the godown on the days in ques • gestion. I am satisfied, that what line in too, as well as the answers I suceeded in or about the port is included in the port getting from him as to the normal coarse of if shipping or goods in lighters usually go there work at the godowa wharf, so entirely bear and that in this instance what was dose was out the story told by the plaintiff's witnesson, felly sormed by the intention of the parties. I that I am compelled to accept the plaintiff's now come to the use of lighters, and I do not story. I, therefore, give judgment for plaintiff think the law is very clearly stated in Amould. with coste, I shall first deal with the authorities. Sparrow Mr. Blade asked for interest on the money 7. Carruthers decides that if the consignee sends out of which they had been kept for a long time. his own lighters for the goods there is in end. His Lordship The Court has hiscretion to of the voyage, but that it was otherwise give interest. if the goods were sent on shore by the ship*4""" boats, or presumably the shipowners' lighters His Lohip in giving judgment said--The Iotice a possible anomaly which might questions raised in this case take up the points arise, supposing the ship itself to have been which were not fully game into in my judyment chartered by the consignes, which dose of itself in Hip On Inaarwice Company . Hong On how that the law was not quite clearly estab Insurance Company. The goods were insured,lished then. But this case was doubted in Hurry on board the Mao Haing from Shanghai to the port of Canton. The policy contained Royal Exchange Co., though it appears to have been set up again in Strong Natally

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[98

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[1026

IN ORIGINAL JURISDICTION.

BEFORE HIS HONOUR SIE FRANCIS PIGGOTT (CRIEF JUSTICE).

*INSURANCE CLAIM FOR OIL,

Fadgmont was given in the sction in which the Tung Ssu We firm of Shanghai claimed from the Fo On Marine Insurance and Gedown Company, Limited, of Wing Lok Street, the sain of 7,000 tals said to be due on 50 packages of ground nut oil. Mr. M, W. Slade, instenoted by Mr. B. A giarding appeared for. the plaintiffs, while the defendants were represented by Sir Henry Berkeley, K. U., and Mr. MoNeill, who were instructed by Mr. A. Holborow (of Messrs. Deacon, Looker, and Deacon).

Mr. Blade-Yes, I don't ask for it as a right. His Lordship What are the facts

Mr. Blade-We had to sue them in order to get our money and the order should carry interest,

which I can give interest

His Lordship-I don't think this is a case in

Mr. Sinde-The money was payable under a contract, and they have lost the money in their a “risk of craft" " "clause. The ship was scored But in Hurry's case distinction was drown betown hands, and have had the benefit of it up to to Messrs. Butterfield and Swire's pler-wharf opposite their godowns at Honam, Tween a public and a private lighter. The public this time.

lighters in question were described by Justice Books as being "publicly registered, in short, given interest.

His Lordship – I don't think I have fever that sort of lighter which is equally knownto the

goods, oil in baskets, were put into lighters, some on the water side of the ship, some aeros the wharf into lighters. In each case the oil

and the lightans were hired by the consignee, The usual Custom House formalities were fal. filled either on the ship or on the wharf with a

•

Mr. Slade-I suggest your Lordship amendin

was weighed by or on behalf of the consigne underwriters and the owner of the goods." It la your procedure in this ease. It is laid down to be observed that the reason for the distinction in the old statute of William the Fourth, between public and private lighters seems to which was passed to remedy the obvious defects have been based, not on the ground that the in the law.

4 His Lordship-I will hear what Mr. MoNeill day's delay on account of the Emperor's birth. goods had passed into the custody of the on day, though the unloading of the cargo was signee, which was expressly pointed out to be has to say. continued during that day. The cargo consisted on distinction, but whether the risk of 550 beskets of oil, and 200 of these were of the underwriters was increased by using sold to a customer out of the lighters On dangerous or unusually risks operations, as point in chisabers. The costs of the comtals

lighters which might perhaps not be well-fitted His Dordship said be world consider the

sign were also reserved.

these facts the question arises whether the * risk of craft” clanss in the policy cover the

cil se lauded. I de not think that it appears very clearly whether all the 350 baskets were landed overwhart, but in the view that I take of NE LARGE OFFICE ROOM, No. 1, the law this is immaterial, and I shall assume

Prince's Building, 11. Floor,

that it was. On behalf of the defendants it was

Wanchal Road.

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“REUTER, FRÖCKELMANN & Co. [911 Hongkong, 1st July, 1909.

TO LET

DWELLING BOOMS and OFFICES in Nainining 6 ROOMS

Queen's Road Central

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FOR SALE-TOR CREST, at Peak, com manding a Magnificent View of the Harbour and Adjacent Indande,

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LINSTEAD & DAVIS, 3rd Floor, Alexandrs Buildinge Hongkong, 30th August, 1909.

TO LET.

F100

[ODOWNS Nos, 7, 8 and 10, and the Top Floor of No. 3, (Tang Lep Ting's Godowns East Point).

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No. 107, Wellington Street. behind the Stag Hotel or Keeper of

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[797

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the landing it that case seems to have boon, In Strong v. Natally an ordinary Ughterman was employed bat the underwriters were held discharged, not because the consignes had hired lighter, bat because he had "dispensed with the obligation of the lighterman to take charge ONE SPACIOUS "GODOWN, No. 125, contended that the overwharf transhipment into them during the night, and took them lighters constituted a landing, and Lord Justice into his own custody." He had discharged the Bowen's dictum in Houlder. Merchants lighterman, and placed himself in the same. Marine Insurance Company was relied on. He situation as if the goods had been actually said, "Landing goods means,patting them landed and delivered and having so done he WARRANTS OF APPOINTMENT TO upon the land, or upon that which by the might have kept them in the lighter for a week, IS MAJESTY THE KING

HIS custom of the part is its equivalent. I for lie had as much control over them as if they kara no doubt that by "equivalent was had been in his custody for that period. In Paul meant wharf or pontoon. But the case

. Insurance Co. of North America Justice H.R.H. THE PRINCE OF WALES. "risk of craft? Matthew said that, Sparrow v. Carruthers was there was whether the elapse covered the goods in the lighters during extraordinary decision to arrive at, só transhipment to another vessel, and the use of agreeing with the judges in Harry's cake. the words "safely landed" in connection with He Beers to have thought the name of that clause meant clearly that the craft covered Strong. Natally, which, I think, may be by the risk must be craft used for the purpose supported on another ground. He added that. of landing and not craft used for the purpose of the risk of craft" clause must Cover traebipment. The dictum illustrates this carriage in a tired lighter, and why should argument but in view of the circumstances it not also cover it in a lighter belonging to the in which it was used it cannot be stretched so as assured, the person most concerned for the to conclude a case, such as the present, where safety of the cargo? There seems to be a de- the question is the fact that goods have finite principle derivable from these cases. -À- touched land temporarily in the process of hired lighter is within the meaning of crafty in landing somewhere else a landing within the the "risk of craft clause" the much-doubted meaning of the policy? Lord Justion Bowen case of Sparrow v. Carruthers draws the die. was considering the question of transhipment, tinction, not between private and public lighters something which happened before the landing; bat between a hired lighter and the consignee's Apply to YEE BANG FAT & Co the land, so to speak, lay in the distance berend lighter. But if the putting them on any lighter S

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