1915-03-09 — Page 2

TRILLATIONS

THE VICTOR-VICTROLA

is a source of endless pleasure to the entire household.

THE HONGKONG DAILY PRESS, TUESDAY, MARCH 9rx, 1915.

MARINE INSURANCE

POLICIES

JUDICIAL DECISION “RESTRAINT OF PRINCES" CLAUSE.

gn Marine Co

Mr. Justice Bailhache delivered a con- sidered judgment on the 1st ult. in the case of Sanday & v. British and Insurance Company (Limited), which raised a question of importance to shipowners and underwrit ers as to when the restraint of priners clause applied. It was a claim for £44,800 under two policies of maring itsarance on linseed and wheat per the steamships St Andrew and Orthia

The plaintiffs were the owners of two parcels of linseed shipped in the vessels at Buenos Aires, June and July, 1814, for Hamburg The defendants were the underwriters on the cargo. The question Was whether on the admitted facts there had been a constructive total loss of the linseed so as to render the underwriters Fiable on their policies.

The linseed was sold to German bayers as covered freight,

British subject restraint by the British Government must always be taken to bo fexcepted, however wide-reaching the terms of the restraint-clause may be. They say that the clause should be construed as though after the words of what nation, condition, or quality soever there were added the words other than British This point is of importance and is not, I think, covered by any decided case which can be said to be conclusive.

His lordship went on to quote various authorities, and continued: In my judg ment the restraint clause in the form in which it occurs in the policies before me does cover the municipal law of this country and the authoritative Acts of the British Government

WAR NEWS.

HERR BALLIN'S NEW MOVE.

HOW THE ENEMY MAY GET FOODSTUFFS.

The Berne correspondent of the forn- ing Fost hears from Berlin that it has been definitely decided by Herr Ballin's Committee that a number of cargoes of foodstuffs are to be sent in American ships as gifts to the German civilian population from German friends in

America

THE NEW ARMY.

TRUE STORY OF PRIVATE BLANK.

This is one of the many true stories, says the Manchester Guardian, of the New Army which are going about the War Office corridors:

Another point taken by the defendants was that after the declaration of war the pr voyago became illegal and the policy Now there is no teased to be effective. doub that a British policy of insurance upon a venture illegal according to Eng- lish law at the time the policy is issued When, however, the is of no effect, venture is legal according to English law when the policy is issued but becomes illegal during the currency of the policy by some municipal law or authoritative act of the Government, one

If the assured persists in distinguish.

mist

The Sergeant (to the Colonal): Privato Blank wants to make a state ment, sir. (Now then, Blank,)

Private Blank: I wish to give £6,000. to the regimental fund.

The Colonel 11 tako the.

INVALUABLE AS AN ENTERTAINER a price, which cortos which let the the venture after it has so become illegal, The Sergeant: (That lido, Blank.)

· EXCLUSIVE AGENTS::

MOUTRIE'S

THEATRE

31-6

ROYAL.

UNDER the Distinguished Patronage of HE. THE GOVERNOS, Sir F. H. MAY, K.C.M.G

66

HENRY DALLAS

PRESENTS

R. B. SALISBURY'S COMPANY,

THE QUAINTS

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Hongkong. Eth March, 1915.",

OREGON PINE.

BORNEO

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THE CHINA

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linseed the property of the plaintifis until and as a consequence his goods are delivery. The plaintiffs and defendants acized, ho is unifisured. The soizure is were British subjects, and the steamers duo to his violation of English law. If, were British.'" The two policies, for however, in consequence of such superven- £33,000 and £11,000 respectively excepting illegality he abandong the venture and thereby suffers loss, that loss so far na to amounts, were in identical terzos. They originally contained the usual f.c. falls within the restraint of princes clause, and s. clause, but on payment of an extra and apart from any possible question of premium that clauso was deleted. They causa prasema the assured is covered. If were free of particular average, except it were not so an assured would, indeed, in circumstances which have not arisen, be in a sorry plight, for, whether he and among the perils insured against obeyed or disobeyed the law, he would wore takings at ce, arrests, restraints, equally be uninsured and detaininents of all kings, princes, and people of what nation, condition, or quality soever. "obag

War was declared on Angust 4th. On August 9th, as the St. Andrew was approaching the Lizard, she was stopped by a French cruiser and told to go to Falmouth. There her master received in orders from

naval officer some authority to go to Liverpool to discharge. This he did. The master know that war had been declared, and if he had not been stopped by the French cruiser he would have signalled for orders n't aoine Channel signalling station.

In my opinion he is not in this position. and I take the law to be that a British subject does under a restraint clanse in the present form insure himself against loss caused by a compliance with the law of his country or the commands of his Cov ernment, although he cannot and does nut insure himself against a loss caused by a defiance of such laws or commands,

THE PROXIMATE CAUSE. One last point remains Was the restraint of princes the proximate cause of the loss? Here the restraint took the form of the common law which, upon the outbreak of war, sprang automatically. into force and of the commands issued by Proclamation One of these was an injunction to shipowners. not to permit

2

Right turn quick march.

RHEIMS RELICS.

INTIMATIONS

NOTICE

Persons applying to the PROVOST MARSHAL for Eames are requested in future to apply between the hours of 9 Ast, to 1 P., and 2 to 4 Fat, daily

Hongkong, 16th February, 1915, 1- [299

JUST LANDED:

HIRANO

MINERAL

WATER"

IN QUARTS, PINTS AND SPLITS,

Bottled by the

IMPERIAL MINERAL WATEE Co.,

LTD., OSAKA.

By appointment to the Imperial Household Two very interesting rolics of the biom-of Japan, Offcially Recommended by the bardment of Rheinis Cathedral are now on view in su Edgware-road tailor's shop Medical Collages of The Imperial Universition window, says a London paper. One is a

window glass, of Tokyo and Kyoto, fragment of stained apparently very old; the other is a large silver crucifix on an ebony mount. It is. the intention of the owner (Private G. Gilbey, of the Buffs) that these things shall go back to Rheims Cathedral on the restoration of peace.

Among Gilbey's other souvenirs are several items from four or five battle- fields, including a rosary and crucifix and a hahy's tiny save, which was given him by a Belgian mother and her. infant child, whose lives he was instrumental in saving. Gilboy was mentioned in Sir John French's despatches and awarded is at present in hospital in London.

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The Press Department of the German

The Orthat was diverted to Glasgow, where she discharged. Her owners on August 3rd received the following, tele: gram from the Admiralty Admiralty any British ship to leave for, enter, or Military Government at Lodz conceived suggest in the interests of the nation that communicate with any port or place of your Orthin, now bound for Hamburg the German Empire.” When once it is the bright idea on the Emperor's birthday with grain, be diverted to a British port; to 23 further information is available as admitted that force is not necess dear of a vast Gerinan African Empire. The Trade Branch, War Staff, Admiralty that a shipowner who keeps his vessel at

as On August 8th they sent a telegram, to St. home of diverts her to a home port in Vincent, which the master received on obedience to such a Proclamatión la not

Avictorious war will enable us, by the 7th, directing the Orthia to go to taking steps to avoid that particular the seizure of the Belgian and French Glasgow.

peril, but is submitting to is operation.

Trading with the enemy was prohibited

by Proclamations, the first of which was issued on August 6th IAPER

The St. Andrew arrived at Liverpool on August 11th and the Orthia as Glasgow on August 20th. On September 7th the plaintiffs gave notice of abandon- unt, which the defendants declined to accept. The linseed depreciated in value by about 25 per cent.

On the conclusion of the arguments, judgment was reserved.

Mr. Roche, KC., and Mr. CR Dunlop appeared for the plaintiffs; Mr. Leslie Stott, K.C., and Mr. F. D. Mackin non, K.C., represented the defendants.

·JUDGMENT. ^ARTNE

in

such a caso restraint of princes is the proximate cause of loss. This core falls within the principle of Miller's enas, and restraint of princes was the proximate cause of the loss. Judgment must be for the plaintiffe, with costs.

PARTY STRIFE IN PORTUGAL.

PRESIDENT'S PATHETIC APPEAL.

LISBON, January 30th. The following letter from the President of the Republic to General Pimenta Castro is published in the newspapers to-day is dated January 23rd, that is to say Lefore the formation of the new Ministry, with General Castro at its lead My dear Pimenta Castro,Y

of beartening the troops with a picture

"Kaiser newspaper of the Eastern said quoted by the Forris,

FOR SALE.

F10

NE STOCK ANCHOR, about 5 toas

and 100 FATHOMS, of 24 haon CHAIN with Shackles Complete. Condition good as new.

Apply

APIILOILO PILOTS ASSOCIATION.

Iloilo, P.I Hongkong, 6th March, 1915.

'FOR SALE.

FORMOSA

Congo Reus Portugues colonies to BEST QUALITY, create a German colonial Empire euch as our fathers, who used to ridicule our first colonial beginnings, could never have conceived. Between Egypt and East Africa and the Anglo-Boer South Africa there will stretch the endless girdless girdle of our gigantic colonial possessions from the Indian Ocean to the Central African lakes and down the Congo to the Atlantic.”

BRITISH REVENUE RETURNS.-

TEA

at 70 Cents per lb.

GRACA & CO.. CAINE ROAD, No. 11A. Hongkong, 5th March, 1916,

THE IDEAL DISTEMPER

[370

[108

"SYNOLEO”

(Registered)..

Receipts on revenue account during tho week ending 27th January amounted to 66 £6,242,105, as compared with £5,746,000 Mr. Justice Bailiache now delivered

for the corresponding period of last year. a judgment iu which he stated tan

Property and income-tax brought in facts hd out above, and continued: it

£2,720,000, against £2,371,000; Excise is, obvious that neither of the steamets

£1,710,000 against £895,000; Customs could lawfully complete her voyage w Once again I find myself forcibly com- | 2917,000, against £700,000; estate duties Hamburg, and that there was in august reled to intervene in this accursed 2730,000, against £502,000; Post Office THE question of wall decoration is last no jospect of the linseed being sent political confusion, into which sectarian 2700,000, against £740,000; land tax and forward to Hamburg within any reason passions and old habit of intoleranes have houss duty £210,000, against £220,000; one which should secure first consideration able time.". Upon these facce the plaintiffs thrown our beloved country.. Unless and land value duties £30,000, against in the decoration of the Home. submitted that there was total loss vitae some immediate and ri cction is taken £30,000. An amount of £16,000,000 Was linseed due to a paris insured agalust-agains; the conflagration, which hay long also received in connection with the issue

**BYNOLEO is the Distemper namely, restraint of prince and that the been smouldering among the factions, as of War stock and War bonds, raising the supplied in a beautiful range of artistic defendants were liable The defendants denied liability on six grounds, which though it were their desire to bring us tetal to £161,000,000. The expendituro

was £15,428,000, tints, suitable for inside or outside ase, may be summarized thus:(a) No loss, back to corruption and misery, we are for supply services

last year, and which produces that soft velvet finish so or if a loss, not by a peril insured lot. These are not mere words; they are against £5,746,000

the inevitable truth. I stand 50 strongly £1,000,000 of way and means advances was

against. (b) The poril insured again need of you that, without you, a remedy repaid. A sum of £7,888,449 was added to looked for in modern House decoration.

THE SACRED HATE OF THE GERMANS.

"SYNOLEO" only requires the addition of cold water to make it ready for immediate use.

Send for tint book and fullest

Frau Emmy von Egidy, one of Ger information to the Manufacturers- many's best-known novelists, contributes a remarkable article to the Hanburg WILKINSON, Tachrichten on "Sacred Hate." She warmly advocates the cultivation of what she calls glowing animosity as a first daty of patriola,

HEYWOOD & CLARK, LD.

(HONGKONG BRANCH),

ALEXANDRA BUILDING.

Telephone: 763.

was not the proximate cause of the loss. (e) It loss is alleged by takings at sea,

for this evil may be for ever lacking the Exchequer balances, raising them to arrest, or detainments by the Eritish peed, in two words, a non party Govern £38,578,103, while their total a year ago. authorities, the policy did not insure ment, supported by all parties if such a was £2,101,139. against loss by such a cause. (d) After thing be possible, or, failing that, sup August 4th the adventure became illegal ported almost unanimously, in order to and the policy was therefore awided. attack the attempt to create antagonism There are two questions. First, was between the Republic and the Army. You here a constructive total loss within the will be President of the said Government meaning of the policy? Secondly, if so, and Freire de Andrade, or some one of was such loss due to a peril insured equal merits, Minister for Foreign Affairs, against as ita proximate cause? First, at the other members to be chosen by the was conceded that in the case of a marine three militant parsics by agreement policy on goods the insurance is on the among themselves, should this by possible, venture, and the loss of the venture con- being expressly stipulated that party stitutes a constructive total loss of the politics shall be forbidden until after the Individually they may follow the Foods. (See Radovanachi . Elliott, LL general elecions. Your austere good extreme Christian doctrine of loving their

C.P. 518.) This is not one of the instances of constructive total loss given me is a guarantee of the genuineness personal enemies, but when it comes to in the Marine Insurance Act, 1905, but of the suffrage and of reconciliation and the carmies of the States there must he I think is still the law. The venture in peace in the Republic and the Army. This no half-icelings, nothing palliative must this case was clearly destroyed, and this idea, which was rejected by politicians ab urged in defence of the enemy. But point seems covered by the authority to month ago, will now, I am informed, be do not perpetually talk about your which i trave referred. There was a con- agreed to, as being rendered necessary by hatred, implores the writer; do not structive total loss of the linssed the present situation: I, who am longing publish it to the four winds of heaven Next, was auch loss due to a peril to be away from this, will remain at your Hate with the whole intensity of your insured against as the proximate cause side, until my term of leadership comes heart, but be quiet about it !

Frau von Egidy asks what have Ger- of the loss? It will be convenicht, to to an end, and whatever great sacrifica mans to do with that man on his divide this question into two parts and Imay make inso doing, it is necessary for island1 Between him and Germans to discuss the first-wrecker the loss was you to do the same. AMBU there is a great gulf fixed. Germans do in any sense due to a peril insured

Be patient! We are two old men, who not wish any longer to study his charac against. The cargo in both cases was just find ourselves obliged to encourage the ristics, his good and his bad qualities, because by English law, and by Proclama younger once I beg yan, therefore, by there is no need to call down cursis on tions noutying a law, the further all you hold dear, not to draw back or his head. He has told Germans that his prosecution of the voyage became illegal and the owners in both cases obeyed the hesitate at this moment of anguish for will is to destroy them, he has announced law. Do these facts bring the case within and of such gravity for the Republic. his intention to employ the most shameful the restraint of princes clause in the I ask you, in the name of the Republic means to bring this about. Germans do ENCHANTED GLEN policies 1 No force was used, but and that of the country, not to abandon not wish to know more. Their answer is

restraint of princes" does not neces me. Our captivity will be short, and in Hatred that must suffice. sarily involve the use of fores, may the end we shall have the reward of a quie authoritative prohibicion on the part of contelonce, in that we shall have donc nation which governing power of the operatios of some good for the glorious nati municipal suficient see Miller gave us birth.. Law Accident Insurance Company ([1993] 1 K.B. 715). In my judgment the loss of the venture in both cases was due to

restraint of princes."

CONSTRUCTION OF THE RESTRAINT CLAUBE.

The defendants say, however, that even if this is so yet as the restraint was by the operation of British municipal law or by the authoritative act of the British Government in issuing their Proclama tions, such restraint is not covered by the policy. The reason that they give is that in a British policy upon the goods of a

(Signed) MANUEL DE ARRIAGA.

* Vicar: Why don't you comb your hair before coming to school!"

Boy Haven't got no comb, Sir." Vicar Why don't you use your father's comb?"

Boy: Father haen't got no comb, Sir" Vica Well how does your father comb his hair, then

Hongkong, 17th November, 1914.

NOTICE.

AN OPERETTA

ENTITLED THE

[106-8

will be Performed by the Pupils of the FRENCH CONVENT. CHILDREN'S MATINEE WEDNESDAY, 17TH MARCH, AT 4 PEL, FRIDAY AND SATURDAY, 19TH AND 20TH,

AT 6 P.M...

ADMISSION Adults: $1.00; Childson: '30 Cents.

There was an old Scot in a small village who could by no means be persuaded to attend church. One day the minister met hin and began How is it, John, you 3rd persistent in your absence from church Weal" replied John, it's Just like this the sermons are ower lang for me

John John !" wrathfully

War Victime cried the minister, "you'll die and you'll The Proceeds will be Devoted to the Beliaf of go to a place where you'll hear no sermons, long or short "Ah, weel, maybe that will be replied the phlegmatic John

but I'm sure it'll no be for want of

Boy Father hasn't got no hair cenisters!!

Lady MAX has kindly consented to distribute the Oxford Certificates on the 19th. Hongkong, 5th March, 1915; 25