1920-01-08 — Page 4

IMPORTANT NOTICE.

THE HONGKONG DAILY

Manufactures the most Important Point is improvement, and in Dietetic Cleanliness Science always insists on these Maxims

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BECENT SHIPPING AND MARINE INSURANCE

DECISIONS.

[SPECIALLY CONTRIBUTED TO THE THONGKỞNG

DAILY PLESA.

CASE i

THURSDAY, JANUARY NTE 1920.

SHANGHAI WAR MEMORIAL DECISION TO ERECT A CENOTAPH. A. COMMERCIAL MUSEUM ALSO "

السنحظDE

At its last meeting the War Memorial Committee at Shanghai, considered the Various suggestions, or a civic memorial to these of the Allied ciugas who fought and died in the war, and it was unaola- ously agreed to erect a cenotaph. Other schemes of utilitarian chargeter were considered, and passed over. Prestim

“STABILIZING THE RUPEE.

Mr. Ewart S. Grogan writes to Tãe Z'amer:-

for her from

THE RUSSIAN OPERA CO. SYNOPSIS OF TO-NIGHTS PLAY. In your issue of October 93rd. Profes

The Russian Opera Co are opening sor Gilbert Slater proposes that the their season in Hongkong to-night with rupes should be stabilized at its present the presentation of Bizet's famous, opera value of 8. by making £1 currency notes legal tender in India at he. 10"

Carmen." Miss Barskaga, who is tak- Hire of Ship Payment of hire per

calendar month in advance. Repay

amazing proposal to behalf of this ing the name part the wilful, passionate

be avantage urged on this the Linted Kingdom to settle the antipsy girl-has scored a great success in ment for pering when of hire da

nipated adverse balance of its Indian Shanghai and Japan, This decision concerns the meaning of

trade by the export of part of its current a vếty common clause in a time charter.

The Opera' will, of course, be sung in issue of Treasury Notes, and thereby O. chartered his ship to . for sixably, says the F-04 Daily News, the idea check the rise in the exchange value of Russian, bence the following synopsis saleader nonths.

was thas no other feelings shan those of

the rupes relatively to British sterling will be found interesting:- The charterparty provided that C. honour and remembrance should be assu

The proposed metion would certainly should pay as aire for the ship 23,000 per elated with the memorial. The Cenotaph achieve this

Inter

The Spanish gipsy, Carmen, lives calendar month from the time she was

at the purpose, but will be erected at the junction of theater what loss of British Imperial pro- caly

sensuality. placed at his disposal, and pro-rata for Band and Avenue Edward VII; noon

stige, and what ultering in

Love - drives any fractional part of a month; that the the site originally suggested (at the side

The British severeign is, in India and

passion to passion. payment should be in cath monthly in of the road between the Signal Tower

in British East Africa by law legat in After she has loved many, she is advance; and that hire should 'cense in and the Tramway kiosk)," but in the cen

satia action of debt of Rs. 15. Professor attracted by the sergeant Don José, ent the event of loss of time from breakdown,bre, at a point where lines drawn down

Sinter therefore, proposes that the Bri- rtc., from the data of such loas until she the centre of the Bad and of the Avenue United Kingdom ranks by law with a

ich Treasury, note.

which in the compasses him with her wiles, and leads should be again in an efficient state to would meet. In this case, the tram lines sovereign, should in India rank by law finally nothing remains for him but to him to mutiny and desertiva.. so that Tesume service.

wrive to be diverted to either side of the memorial. Shanghai architects are

na ka. id. aterling. to bol asked to submit designs for the Rs. 15 by tendering & sovereign, and since men is a member.

Since every debtor ca

settle a debt of join a band of smugglera of which Car- Cenotaph, and presumably they will base

every Indian them upon Home models, with due allow

predicer who sells his goods

His fate is endurable in Lendon for a sovereign in the form

as long as be retains the love of Carmen, Fance for local conditions and space at OL IL currency tote, Profesor Slater's but when she turns from him he is sunk 'timand. Provision will of course be

proposal would mean that every debtor in the depths of despair. Called to the made for a Roll of Honour, as complete

in India would have his debt legislatively as it possibly be wide. The meno

fixed at 30 per cent. above its present rial will be paid for by public subscrip-

legal amount. tion, with the possible addition of grants from the Foreign and French Municipal Councils.

On a certain November 7th. Csaid to O. one month's hive in advance, up to

December 7th.

On November 20th. the ship was put into dry dock by O, and consequently went off hire. She was not again eficient until the following January 6th.

Cclaimed to recover so much of the amount paid in advance on November 7th a represented hire from November 20th to December 7th. He contended that the money paid was a payment for the ensuing calendar month for the op portunity of using the ship for every day in that month, but upon the terms that in certain events, if he was deprived of that opportunity for any of those days, Q. wai liable to repay the amount of hire attributable to those days

/

our

death-bed of his mother, on returning s finds his still passionately loved Carmen before the arena in Seville with the bull- fighter Escamillo, to whom she has pro

ACT I.

to

I have been advocating on behalf of British East Africa that the fi currency noty should be made legal tender for the There is a further proposal that, in been withdrawn from circulation by Im- mised her love if he is victor at the fight.

same amount as the sovereign which has

Museum should be established," pro-ed as a matter of equity, to debtors in addition to the Cenotaph, a Commercial perial ukase. This is obviously demand- She is approached by Jost, who asks her vided suficient public support can be silver-wing countries where the law pro- obtained.

to return to him, and when she coldly Our contemporary under- vides the security of the sovereign as repulses him and tries to escape stands that so far the matter has not been alternative tender. The Imperial Gov O refused to refund. contending that step, the General Chamber of Commercoing the sovereigns we or as payment

discussed in detail. As a preliminary erament, by prohibiting as from export Escamillo be stabs her to the heart. the payment was for the next thirty or thirty-one days on which the ship might will be approached with a views to ascer and the Chinese Chamber of Commerce

for our produce, denies us the relief from Micaela appears seeking Jose, but is in fact be on hire, which thirty or thirtyaining how far they would be prepared Imperis Government should force our retires. Jise approaches with the guard

creditors provided by the law. It i3 one days might be spread over the seat to support such a scheme. It may be re-

but elementary equity therefore that the accosted by the impudent soldiers and tico or three months according as the

creditos to accept from as the same to relieve murales. ship we or woa nut on hire. O, furtherited that some months ago the Chinese substitate for the sovereign that we Bro

The commanding was considering establishment

officer is Lieutenant Zuniga. The "work- ernment.

people emerge from the factory Carmen Professor Slater rejects this proposal in respect of India for the reason that "Pears, woord by all, with the exception it would involve a-great rise in price of José, upon whom she has cast her eyca level, causing acute distress among vast (Habanera: "Love is a bird") Micaela " numbers of people.' Surely Professor Slater, as an economist, must realize that who loves lose, brings him a letter and riao io price-level, cuctéris paribus, pro- greeting from his mother. (Don José vides relief to the mortgagor clement as Tell me what of my mother.') When against the mortgagee element in society she has gone a tumult takes place in the In other words a rise in price-level in India means that the usarer'e grip on the ryct is relaxed

to baye was the use of the ship for a corresponding number of days mancing from January 6th, the date on. which she was again efficient.

Held: O. must refund the propor tionate amount of hire overpaid. The payment was clearly for the next calendar. month, and not for the next 30 or 31 days on which the ship might be on hire. The fact that the ship came on hire again and was available on January 8th, and that the amount repayable would in prac tion be set off against the next month's. hire, did not alter the legal rights of the parties when it became necessary to decide them.

CASE.

"

bf some institution.

IMPORTANT BANKING

DEVELOPMENT.

FUSION OF ENGLISH AND

SCOTTISH INTERESTS.

An exceptionally interesting and in- portent banking fusion, is reported. A provisional agreement has been reached Between Barclays Bank in London, the British on Bank in Scotland, and the Unica. Bank of Manchester, in Man- chester, tor a close allianc of interests,

י

JAPAN 3 TRADE BALANCE

There were many" Japanese businem Marine Insurance. War Rinka." Lois &

men who anticipated with uneasy con Ship. Case of loss tisknown. 14. not an out-and-out absorption infidence a considerable slump in trade on thy bans that the two provincial insitu- the comation of hostilities, and figures

retain their

separate entity, and now to band show that the expected

factory and Zuniga arrests Carmen, who has been threatening her companions with a knife. She is placed in charge of José, who is beguiled by the coquette, and bo allows ber to escape. (Seguidilla: "Neär to the walks of Seville.")

ACT 11.

insured his sailing ship forctan yer-Hons will it remain as before, exop adverze balance of trade hea. to be record ringing tambourine."). The bulk tighter

exports

Song and Dance of the gipsica (Car." men, Frasquits? Mercedes rhe rattling. 1917 spainat risks of capture, class, the bourd detention by the King's comics and all ing that the interests of each will be re-ed, though plausible reasons are adduced Escamillo arrives and is boisterously consequences of hostilities, etc."

presented on the other, Asanming, how for the contention that Y00,000,000 ex grected. They sing the Torcador song The ship; laden with timber, left Gulf every that the operation goes through itcess of ports over exports at the end To the fight, torero"] Smuggior quintet Port for Fleetwood on a certain date in will mean that Barclays Bank, with its of November gives no ground for alarin. of Dancairo, Romendado, Carmen, Fras- March, 1917. She carried a deck carga, existing deposits of nearly three hundred Le country's

during but was not overloaded.

the quita, and Mercedes. Carmen refuses to The normal millions will, in addition to its intimate eleven months under notice totalled accompany them, for she is waiting for length of the voyage for a mailing lip sciption with Colonial and Continen Y,1,692,000,000. und the imports her adored Jode, who has been arrested would be 40 days. She was never beard tal institutions, also contest banking in Y.1,247,280,000, the excess of again. It was agreed that she had, terosts in Manchester and in Scotland amounting to 125,000,000. It has been has expired. José arrives and is provent of imports on her account and whose imprisonment sunk at sea. Submarines were active of with combined deposits of nearly another estimated that this latter figure would be ed from rejoining his comrades. (Canzo the Irish Coast during this period, and forty-five millions.

reduced by over 1.30,000,000 during. De- Detta: Halt, who gocs there.") Sur- 4 number of timber carrying ships on a Moreover, a further interesting fentare cember, thus bringing the total exams of prised by Zuniga, he draws his wond similar voyage "had been sunk by found in the proposed rearrangement Y.90.000.000. It is noted that "exports is disarmed by, the smugglers and Jord in connection with the operation is to imports for the year down to about upon his superior oficer; the lieutenant O sued the underwriters to recover in of the capital of Barclays Bank Not

decreased quantitatively, but have in resolves to fly with Carmen. (Duet and respect of the loas, Nothing having been only is the "B" capital of the bank to

creased in value, which increase has itself dance, Carmen, Don José; "I will dance be doubled simply through a process of

affected quantities. Another reason given in your honor." heard of the ship from the date of bookkeeping, but the unciled liability of for the reduction' in exporte is that home consumption has incroneed as a result of

mariam.

ACT III.

José arrives with the smugglers (Sextet

in fact safely reached the iubmariag 14. little over five millions is to be wiped the pople's greater purchasing power and chorus: "Listen, Comrades") but

·

ing, he was unable to prove that she had danger area off the Irish Coast Hement of banking capital which is likely bat. This is a departure in the arrange accordingly failed in his action against to attract a good deal of attention, the Insurance Company.

Held: If O. could establish that, the Meanwhile, it is interesting to note the stip go as far as the danger ates, the growth which seems to be taking place Court would not hesitate in finding that in the movement for alliances between she was there sunk by a war peril, English banking interests and those north although nothing was definitely known direction have probably not ceased with of the Twerd Developments in that Bat, taking into account that there was the present event. evidence of the existence of bad weather and heavy seas outside of the danger area; that the ship carried a deck cargo which would be an added source of danger; and that in nearly all the cases of vesselsment before any lire was earned, submarined off the Irish Const the fact was definitely ascertained-it was impos ible to say that the probabilities of the torpedoing of the ship were so great that it ought to be held as a fact that she was torpedoed.

The ship was requisitioned by Govern.

The broker claimed his commission.

A favourable factor, is that the increased imports have been composed of larger Carmen loves him no longer. Rer incon quantities of raw material for Japanese stant beart now turns to Bachelo products as iron rods, plates, rails, etc cat them." A fight between José and manufactureza, while such unfinished no, over the cards: Shuffle, cut them have decreased in quantity owing to the Escamillo is narrowly avorted by the development of the Japanese iron in smugglers (Duet: "I and Escamillo.") ports show an increase of Y.67,033,767, sagglers' stronghold" and tells Food dustry. Compared with last year, Micaela arrives (Aria: Here is the. and imports an increase of Y.444,079,173, that nis mother is dying, and with threats but the latter total is not regarded with to Carmen, he leaves,

ndue pessimism, particularly in view of the anticipation that for some time to come Europe must continue to be a large buyer.-N.-C. Daily News..

"Don José:.'

'a ACT IV.

Carmen premises herself to Escamillo if

Festal procession of the bull-szht he returna victorious. As she is about to enter the arena she is confronted by the The owners refused to pay, contending

pale and despairing José (Duet, Carmen that they were not liable because the ro

THE PRICE OF BILVER. quisition had intervened before any hiro

it thou; it is 1. For the was earned; in support of this contention

last time he demands her love and fidelity. An American Bank's financial letter When she coldly refuses he stabs her to they relied upon a custom of the trade CASE S.

that chartering brokers commission was received by yesterday's mail says in refer the heart and she expires at the moment Marine Insurance.

payable only in rapect of hire duly earn-ence to the price of Silver: During that the victorious Escamillo arrives upon Perils of the Seated under the charterparty.

the month na acute shortage of silver in the scene Lots of shap. Cause of low unknown. The trial Judge held that the broker mand for the metal, which for the moment China caused a sudden and strong de Same facts as in Case 2nova-mak O also insured his ship with another could not got his commission, as the forced the price upward to $1.37) Company against perils of the sen, the must prevail. The brakar promptly, melting value of the standard dollar. custom was satisfactorily proved and ounce which is considerably above the

The management of Wideman's Cafe, policy containing the warranted free of and successfully, appealed. The Appal There was, however, an immediate and who have by no means been lacking in capture and seizure clause. He sued this Court gave him his commission.

reaction to $1.2929, where it is enterprise, made another innovation Jes Company, and succeeded.

Bol to remain' as long as the Treasury

Held: Where all that can be proved

is that a ship is lost at sea, bo ode know.

TEA CONCERT AT WISEMAN'S.

Held: Evidence of the custom was not Department makes no objection to theterday in the promotion of a tea concert, admissible because it contradicted the withdrawal of silver dollars for export at which two popular members of the ing how, that is proof of lees by a perilterms of written contract," the charter. Wese it not for the available supply of Vanity Fair Company, Miss Shirley of the sea, for in the Iut resort every party. It is absolutely unreasonable" to | silver dollars no one can tell what p Cooke and Mr. George Graystone, enter Vessel that sinks at sea is lost by a peril nay that parties who sign their names to producers might get for silver bullion."

contract between them should bo. par- mitted to say that & clause in that con- tract does not form part of the contract because there is a custom by which it can be disregarded Buch custom would be unreasonable. Moreover, it could be, and was, excluded by the agree ment between the parties.

of the sea By this proof the assured a document containing the terms of the make out a prima facie case against the underwriters, and it is for them to set up the Le and a. exception and bring them selves within it if they can. It is not in any way the duty of the assured to show that the eca peril was not brought about by & canse excepted by the Lo and clause.

CASE A Charterparty. Broker's

Custom versus Contract.

7 It would be absolutely fatal to all com Commission,mercial business if partia who have signed documents can afterwards say The decision now to be referred to was they have signed is not binding on them. that by virtue of a custom that which that of the Court of Appeal, and was characterised by one of the Judges as one they must expect the Courts to pay more So long as business men sign documents which would come as a surprise and & attention to what they have signed then shock to a number of ominent business to a custom which conflicts with their

O chartered a ship to 0. The charter written contract, party provided that a commission of. 3 per cent. on the estimated grom amennt of hire should be due to the broker on signing the charter (ship lost or not lost).

men.

(Continued at foot of mest column.)

(Note-The broker was not a party to the charter party and could not, strictly speaking, sue upon it. That difficulty was surmounted by the charterers suing as his trustees a proceeding not objected to by the owner).

G.W.

POLITICAL DEVELOPMENT IN

GERMANY.

*

"

tained a large gathering of habitues of the restaurant to selections from their repertoire. The demand for accommoda tion was so great that many bad to be refused admittance..

Chronicle says that one of the most im The Berlin correspondent of the Daily partant results of the revolution is the Those present so appreciated the bill Industrial Councils Bill, which is about of musical fare that there is certain to to be submitted to Parliament. Out of be another record gathering to hear Miss of the Soldiers' and Workers' Councils Eileen Boyd and Mr. George Titchener which were active in the early days of sing at Wiseman's to-morrow. Mr. councils representing, workers of all Mine and Captain Mac," both of the revolution have grown industrial George Graystone opened with Friend trades. Owing to their increased econe which were heartily applauded, but ke largely lost their political character, and ing of The Floral Dance" in which his mic importance the councile have now surpassed himself in an excellent render- the Government now their position. The Councils will be re-est advantage. As an encore he sang proposes to legalis magnificent baas voice was heard to great- presented on all boards of directors in order to champion the workmen's ViOWE

Summerzet Varmer with good effect The delegates will be sworn to secrecy

Miss Bhirley Cooks gained genuine regarding business confidences. It is app use when she sang Never Mind Biso decided that balance sheets should andHeaps of Lickings" in her usual be submitted to the councils periodically, winning manner. As an encore, she kare The Socialists in the Cabinet are urging the musica etch entitled Tedd still

more comprehensive reforma

Bow