1933-02-11 — Page 6

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HONG KONG DAILY PRESS, SATURDAY, FEBRUARY 11, 1933.

GODOWN COMPANY'S MR. PEPYS IN HONG not to see in the caste Mr. Wini-

LIABILITIES

Puisne Judge Decides Interesting Point

WHARF

KONG

fred Shotter to whom, pictorially, In mighty devoted..

8th. Rend in the Neves Sheetes the address of my old friend Capt. R. Burnett upon nautical terms From which I do' learn something. and was glad he did omit reference to the knotty point of way and weigh; nor did I find an explana tioun of the phrase "Show a leg." Mr. P. Cassidy, the Chairman, an nouboes Mr. G. Shaw will not speak to the Rotarin, but he might have saved himself the labour of asking, as our distinguished visitors do not speak to our faces but over hohind our backs. Which dath remind me that it is rumoured that Mr. N. Coward hath left the Britain some. time since, and I trust it may be so, that his servanty of genius be not troubled by us dull folk.. Talk- ing at the Club with Mr. Ashby be tells me that both the Dairy Farma and the Star Ferry have had a most prosperous year and this indeed 1 reflects much credit upon those who' operate them, but whether our food! and our travel shall cost us less in t futatire I know not.

4th-Up very betimes and to my office where I find much business. There later I tako my nuncheon upon sandwiches and some tomatoes which were grown in my garden and JUDGMENT FOR HOLTS at mighty well for all that I must needs pluck them at first yellowing and ripen them in the dark. Thon to the Valley where I do play at Krickett and as we be short of At the Supreme Court pesterday, bowling I must needs send down the Puisus Judge decided an in-seventeen overs which is somewhat teresting point concerning a clause heavy for one of my ngo and figure, in a godown warrant as to whether and I doubt not I shall be most the owners of a godown were liable grievous stiff upon the morrow. for the loss, of certain packages Thereafter I drink a possett or two which were stolen from their pre- with Mr Frank and Mr. John and mises, after they had been deposit so home. And against my stiffness ed there by a Company. Mr. C. I do call to mind the advice of Mr. Almada was for the plaintiffs the Northern and do drop a pound Torbor and Company, and Mr. M. weight of Epsom salts, of the coat- M. Watson for the Ocean Steamer type into my bath which in na ship Co., Ltd., (Holt's Wharf) who hot. as I can suffer it. And it en were the defendants.

happens that a fifty tin of Gold Flake cigarettes proves to hold just The Judgment,

half a pound of the salts when His Lordship said: I have put pressed down which proves mighty.

19th.—This day to the Barbers' this case first on the list so as to convenient, I smoking naught else deliver judgment on the prelimin- of cigarettes. Later I dress and to Shoppe where I have my hair cut ary question of law raised in re the Peaks and to a merry dinner which, as I suppose, I do hate mors spect of which argument was heard and played at cards afterward. than most minor duties. Later in recently, and I have not thought Cost me five florins. So home and the barre Mr. Leeds tells me about it necessary to claborate a formal by great good fortune do catch the ponies, but I perceive that few judgment. The plaintiffs are last lift for to ascend the sixty-nine

Mr. firm of merchants and the defen- steps to my chamber is most irksome people know much about it.

L. Dunbar I learn is fancied to win to me. dants are s

And so to bed. registered company

the Derby, though just now there trading as warehousemen and wharfingers. The plaintiff's deposit- 5th, Lord's Day.—Lay, a little late ed a package with the defendant and then after bathing and trim company for safe custody which "ming myself, I fill to ordering my the defendant company are unable to re-deliver.

The preliminary question raised is whether, under the terms of the special contract existing between the parties, which was set out in the godown warrant, the defen- dant company are relieved from liability for loss or damage for this package where such loss or damage has occurred in consequence of the negligence of their own em- ployers..

Special Clause.

A

• deal of talk sebut Charming Star, about which pony 1. did re- fuse eight to one for indeed the góle is so hard that any pony by mischance might go lame, and I mislike ante-post wagering. I spoke Bay in a of seeing Liberty Bay and Dians race together but as I learn it is not likely. And which be the best I know not, and I doubt if Mr. Dunbar doth

goods against packing for my voy age. But Lord! What parapherna Later to the barre where I find Mr. lia a mão doth gather about him, Ashby, Sir W. Perm, and anan come Mr. MacLentil and Mr. Pitt, this last but lately returned from Southern parts where he has been upon a journey to shoot lies" whatever such name may portend. And over our sherris sack he do tell us many stories, some of which it is perhaps not fitting that I should reinte in this diary, but one of an elephant which he do slay The godown warrant contains but a little before he be himself the following clause: The Complain, the brute charging him. And pany will not be responsible for in proof thereof he hath brought any package exceeding H.K. back the tusks. He tells me that he $250.00 in value, unless such value goes not back to England as he bad is declared on application for been minded to do, but transfers to storage."

another office to which there is at tached an official residence, but I do find it mighty hard to envisage bed. him living therein, and I must in- struct him in the art of growing mustard and eress upon his veran dah. Later in comes Creed who tolls us Mr. O. Farrier makes bit ter complains of the trainbande

Newes

grow- 10th.-Reading in the

Shrotes this morning I see it is said that my old friend Mr. E. Hamilton did take his wickets against Kowloon owing to a green window that was behind his an. And seeing him later in the Library of the Clubbe I ask him if it be true, an he tells me that it is a naughty lie, for the window was red and he hath now purchased it to take with him upon tour with the Hong Kong Hogges in England. Later I do start to pack and then fall writing my mail, and so to

The package in question has been agreed to be $1,000 in value, which ia over the named alue in the clause, and the plaintiff firm omitted to make the required de claration. It was argued for the plaintiffs that the clause was not sufficiently explicit to exclude liabil-which do discharge their culverins ity for the consequences of the de- as that the balls do pass over his fendant company's own negligence house, which, shys he, puts him in It was suggested that if the words mighty fear and also in anger as "in any way responsible" had it was for the peace and quiet of occurred in the condition, or, for instance, for any loss however caused or occurring" had occurred. then the defendant company might bave been relieved of liability, but not otherwise.

the place that he did build his house there. But I do perceive there has been somewhat of a lack of tact and consideration in some quarters, as I am persuaded the trainbands fire not shooted oul- verins in that spot but once or twice For the defendant company it was argued that the only possible opera-grets had settled the matter readily. in a year, and fore-notice and re- tion of the clause was to relieve

the defendant company in respect Mr. Povy remarks then that had of their own negligence, and that Mr. Farrier opened upon them with argument seems to me to be sound, usquetry he had made their praċ- tice more realistick, and thus might and acceptable. I notice that: a similar clause is given in the En-have won the thanks that were de cyclopaedia of Forins and Statutes, nied to his forbearance. Wrote in volume 14, form 29, condition 4.'

my diary this evening and early. to bed.

I find that the defendants are protected from liability by the conditions of the special contract, and 7 give judgment for defendant on, that issue with costs.

I understand that this matter concludes the whole matter and that the parties will evidence in the action.

not

all

8th.-Up betimes and very busy at the office all day. Before I taka my dinner I drink a glass of wine of Malaga and find Mr. Hinde who

very wrath with the Railway. It seems he do travel back upon a train- from Sheung Shui upon an evening, and so many delays, there be, he reaches not Kowloon until a half after eight of the clock and

U.S. EMPLOYMENT SCHEME the Peake much later. And when

MR. ROOSEVELT REVIVES

MUSCLE SHOALS DE VELOPMENT PLAN

Warm Springs, Ga., Feb. 1-The Frendent-elect Mr. Franklin D. Roosevelt, was to-day working on | a' gigantic plan of public develop- ment around Muscle Shoal, the reviving one of the pet, plans of the 1ste President Woodrow Wilson which was killed by Republican tion after the World war.

Le bé come to his home his wife accuseth him of dalliance at the Clubbe and does not believe his story of an engine without water. Which indeed I take to be somewhat naughty of her, vet ne a matter of yonce I am pursuaded that the bouquet of whisky sold upon the in varies but little from that to be obtained at the Clubbe

7th-This day. Ldo pay a cali or two in the Dock Yard and do eat my funredo is the King's great shippe Tamar, where with much laughter they tell me of a contro- versy in the Neves Sheetes, one This project, started to provide having stated that the shippe be nitrates for the Allied Armies in boded in concrete. But I am much the war but which never reached at a abonde at such ignorance, as the production stage, lies along the I had thought all men know that Tennessee River in Tennessee and the Tamar doth, float, until în a Alabama.

space of three years she groundeth Under the Roosevelt plan, the upon a reef of empty bottles of project will provide employment Hollands waters, and is then moved for 75,000 men the first year and into. Dock while the bottles are eventually will require 200,000 recovered, and sold. But whether workersNitrates will be mang. the money so accruing be credited facthred from the air and provid. to Mess profits or set to the pur ed for farmers while cheap electric chase of strange pets, such as civets, power will be developed and sold. I know not, nay more than I know where Sither now lag his abode. This project is something that Bowled in the allow this night but no country has ever before attempt Tord so stiff was scarce could ed on so vest, a scale," Mr. Roose, put down a ball. Spoke with Mr. velt said.The project will great Pitt as to the garden he was to have ly extend the utilisation of land and was about to offer him much in that area, and it will result in good advice upon the growing of

a large scale reforestation, pro lettuce and radish, but I did note gramme. It will develop cheap n somewhat opinionastre lock in his power eliminate marginal lands eye and so forebore. After dinner and reduce unemployment."

to Thark where I laugh until I am ident-elect "belinves, the sore, for beyond all Comedians 1 have been undertaken, do admiro Mr. 1. Walls and Ar

R. Lynn But J was a little gad

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