Intimations.
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THE HONGKONG TELEGRAPH, MONDAY, JULY 6, 1903.
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LISTED.
WINE MERCHANTS.
ESTABLISHED A.D. 1841.
CLARETS
8.00 $ 9.00
11.00
13.50 14.50
ST. ESTEPHE
ST. JULIEN.....
LA ROSE.
CHATEAU
HAUT
BRION LARRIVET
20.00
CHATEAU MOUTON
D'ARMAILHACQ
24,00
CHATEAU PONTET
CANET
28.00
CANET
.......................... 33,00
CHATEAU LA TOUR
CHATEAU RAUZAN...... 48.00 CHATEAU LAFITE
54.00
22.00
26.00
These CLARETS are specially selected and obtained from the LEADING FRENCH GROWERS; they are of exceptional value and in fine condition.
CHATEAU LA TOUR CANET, CHATEAU RAUZAN AND CHATEAU LAFITE
àre recommended to the notice of Con- noisseurs as high-class after-dinner Wines.
We guarantee our Wines and Spirits to be genuine only when bought direct from us in the Colony or from our authorised Agents at the Coast Ports.
A. S. WATSON
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&C.,
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ESTABLISHED 1859
A CHEE & CO.,
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five Cents.
BIRTH.
June, the wife of H. RIEGE, of a son.
MARRIAGE.
At St. Andrew's Cathedral, Singapore, on the 27th June, by the Revd. D. Holland Stubbs Military Chaplain S.S., THOMAS C. B. MILLER, second son of DANIE, MILLER, Fairlie, Scot land, to BESSIE ALFREDA HOLDCROFT, eldest daughter of Joseph Holdcroft, Hanley, Stafford
LaMunyon will have another grand opening. Day and a Souvenir day as well; watch the date.
AdvL{"
MR. J. Howard Moore, of the American To bacco Company, who is now in Bangkok, bas lately made a journey through some of the famine-stricken districts of Kwang-si. He assured the Siam Observer that the reports of the terrible distress of the people are not ex- aggerated. Wives and children has been sold for food, and Mr. Moore has himself seen people who have been thus sold and has seen others offered for sale as slaves.
MARINE INSURANCE CLAIM.
'A:"ZAFIRO” INCIDENT
and it was ultimately agreed that the remain- ing 195 packages, still aboard the Zafiro, should be taken over by the defendants, whose agent
to review the evidence he intended calling, and asked plaintiff to sell them. Counsel proceeded
observed that it was quite clear the goods had heen taken over by the defendants.
been read,
After evidence, taken on commission, had
• His Lordship strongly advised the insurance company to pay up promptly and readily, and remarked that it did not pay an insurance company to have to dispate claims.
In the Supreme Court this morning the Chief Justice, Sir W. Meigh Goodman, sitting in
pany, it is the first claim they have ever con- Mr. Sharp-1 think, on bobalf of the com original jurisdiction, heard a claim, brought by the Kwong Chun Hing firm against the Hang
tested. I think they had very good grounds On Marine and Fire Insurance Company, for
for it, and were extremely lath to have to do so." $3,725.42 due upon a policy of insurance. Mr. Mr. Sharp addressed the Court, and argued. THE "HSIPING" IN A GALE. T. Morgan Phillips (instructed by Mr. C. H.
that the Insurance Company was, and always Beavis, of Messrs Wilkinson and Grist) bad heen, ready to pay for whatever was found appeared on behalf of the plaintiffs, and Mr. due in respect of the partial loss. He proposed in the Telegraph of the 29th ultimo, from the With reference to the paragraph appearing
EH. Sharp, K. C. (nstructed by Mr. F. B. that the question of amount should be referted | Shanghai Mercury,we were favoured this after- SENORA Agustina Medel, owner of the Zor presented the defendants.
Deacon, of Messrs. Deacon and Hastings) re- to an insurance expert for adjustment. They noon with a visit by Capt. Macfarlane of the rilia theatre, has employed counsel to prepare
had never, he said, questioned the plaintiffé, 9.5. Fisiping, of the C. E. & M. Co., Ld. Capt. According to the statement of claim plain-particulars of damage, and had paid promptly Macfarlane states that during the voyage re- and prevent to the Board of Claims at Washiffs were interested to the amount of $5,500 on such particulars as had been received. In ferred to in the "par" from our Shanghai con- At Lyndhurst, Mount Elizabeth, on the 27th ington, a claim for 15,000 pesos, which the under a marine policy of insurance, and made the present instance the policy was an open temporary, his steamer did not get into a alleges resulted from damages done to the by the defendants for that amount, June, 1902 one, and therefore the measure of indemnity typhoon as reported. She simply passed a theatre and furniture by the American troops dated 22nd on certain perishable goods shipped must be based upon the insurable value, and fresh gale and a heavy confused sen such as is during their occupancy of the building from on the British steamship Zafira, According to if a certain proportion of the goods was lost or usually experienced at this time of year when August 13, 1898, to January 3, 1899... The the particulars of claim, the goods were shipped damaged the plaintiffs should be entitled to a ship passes the tail end of a typhoon. The claim is made that soldiers destroyed the from Hongkong to Manila, and $13.75 premium, that proportion of the insurable value. He heavy swell was caused by the typhoon passing furniture and electric insulation, using the being at the rate of 25 cents per $100, was paid contended that plaintiffs could not in any event wires of the latter in repairing their bunks. It to the defendants. The goods were insured
to the eastward. As regards the supposed recover more than the value of the goods, and
smart manner in which the Hsiping was is alleged that the amount claimed was re- against perils of the sea. There was a total suggested that such calculations should be re-
handled, her master, with the modesty quired to repair the damages wrought. --
loss as to part of the goods, and a constructive ferred to an expert. Defendants maintained characteristic of British skippers, informs us loss as to the remainder. Notice of abandon that it was a partial loss and could not, as that his steamer was handled in just the ordi THE second Issue of the certificates nuthorized ment was given, shortly after the Zafiro plaintiffs asserted, be a constructive total loss, pary way-a straight course was steered with a for the purchase of silver ballion for new arrived at Manila, by the plaintiff's repre-which only took place where the cost of de-
-small allowance for leeway. In fact, at no time Philippine currency was provided for on 1st inst. sentative to the defendant's agent at that livering the goods would be greater than the handling from the master or her crew. It is was she in danger or required extra careful by the Civil Commission. The act authorizes port, and the latter agreed to take over the the Secretary of War.to issue another install damaged goods as a total loss, and requested present case the goods realised a sum of $1,700, amount which the goods would realise.. In the ment of $3,000,000 in certificates under practi- the plaintiff's representative to dispose of anme
in addition to expenses. Therefore it was not a cally the same roles as those governing the on account of the defendants. The goods constructive total loss, as according to the evid- former issue. The certificates are to bear in were accordingly sold and realised, after pay-ence it appeared that such part of the cargo as terest at the rate of not more than four 4 perment of expenses, the pet sum of $2,097-21, was not absolutely destroyed almost escaped cent per annum, payable quarterly, and not leaving a deficit of $4,402.78 of which amount injury. He further maintained that plaintiffs They are to be issued in denominations of Plaintiffs therefore claimed $3.725.42 and circumstances under which it was given, and later than one year from the date of issue. $3,725.42 was payable by the defendants. notice of abandonment was unjustified by the gr,000 and are to be redeemable in gold, interest from the 29th June, 1902, to date of that it was altogether ineffective.
judgment.
quoted various authorities showing that the Courts were specially strict where goods in question are perishable as in the present case they were admitted to have been, and proceeded to observe that plaintiff's story about a special agreement entered into with the Company's
shire.
The Hongkong Telegraph
HONGKONG, MONDAY, JULY 6, 1903.
LOCAL AND GENERAL. THERE are six native convicts isolated inside the walls of Bilibid Prison, Manila, who ar bubonic plague suspects.
We shall have a Souvenir Day, soon but you will have to pay us a personal visit as no chits will go. LeMunyon.-Advt.“
THE N. Y. K. has placed an order with the M. B. K. at Nagasaki for a reserve steamer of 7,200 tons gross for its American line. The materials as usual will come from England.
.
AT the Magistracy this afternoon George
The defendants, in their statement of defence, Pickering, of No. 118 Wanchai Road, had to admitted that plaintiffs were interested under answer a summons, issued by A Yook, opium a policy of insurance, the particulars concern- boiler, residing at the same address for care-ing the voyage and perils insured against, and lessly washing his verandah and damaging his that part of the goods covered by the insurance furniture. Mr. Looker appeared on behalf of the
Counsel
national courtesy, to thank the officers of any customary for the French, with their proverbial
vessel at the conclusion of a voyage, and the
Captain accordingly accepted the cordiality of the handsake of the French military officer on arrival in port for the comfortable time his men had had on board the Esiping on the journey down to Shanghai.
FATAL PICNIC EXCURSION.
AT the general meeting of the shareholders of complainant, who stated that at 6 p.m. on the policy were damaged on the voyage. But the agent in Manila to accept the loss as a total picnic, after spending an enjoyable day, at
the Russo-Chinese Banke everything passed off satisfactorily. A dividend was declared of 15 roubles on the old shares, and 3.75 roubles on the new shares,
REGARDING the item recently published that card-playing is prohibited on the Siberian Railway the M. C. D. News says there is no foundation for the statement. Tables are pro- vided, indeed, for card-players, and cards may be purchased, on the trains.
THE Yokohama Fire and Transport Insurance Co. made a net profit in the past half year of Yen 380,937. Of this amount Y 217.510 is carried forward, Yrz5,000 distributed in a dividend of per cent for the half year, Y 30,000 added to the legal reserve, and Y 8,427 to the
26th ult. defendant washed his verandah in such a careless manner as to cause water to penetrate below thereby damaging his bed and various pats of opium. He made a complaint to the tenants of the third flat, but soon after defendant entered his flat and assaulted him. Defendant stated that they complained many times about him washing the verandah and even told him to stop doing so. On the evening of the 26th a jar containing water capsiz d and the water ran down. Complainant then began Inumering with a long bamboo at the ceilings and raised low and got complainant by his queue. No pan of the flooring. He then proceeded be sooner did he don, than another foki joined in, so he had to struggle with bath. After hearing evidence the defendant was fined $10.
remainder of the goods, they stated were deli- vered to the plaintiffs at Manila in (as defendants believed) sound condition, and the plaintiffs neither gave nor were entitled to give notice of the abandonment thereof. As to the second part of the statement of claim the defendants asserted that they did not. by their agent at Manila, or otherwise, agree to take over any of the goods, nor requested the plaintiffs to set the same on their behalf or at all. The defendants did not know how the plaintiffs dealt with the remainder of the goods. They were, and always had been, ready to pay to ing the partial loss of the goods, and re- the plaintiffs whatever sum was due respect- peatedly asked them for an account of their claim in that regard, but plaintiffs refused to furnish it. The defendants stated they would Ton't format, the shisandre kan with
gow pay the sum into Court, but by reason, of Kay - Tinue' di an drder, dated THE Hongkong correspondent of the M. C.D. of defence showing that by particulars furnished 16th ult, a clause was added to the statement News writes as follows: The New Law Courts the sum duc from defendants to plaintiffs in do not grow apace. Green grows the site, respect of the partial loss was shown as though, and the huge matshed erected more $2,200, and on that day defendants paid that than a year ago over the vaults is becoming amount, into Court which they stated was decrepit, one corner being partly destroyed.enough to satisfy plaintiff's claim. As a sign of the very remote period at which the building may be expected to rise, the old Now look out for LeMunyon's new store adv.funereal vault that has so long served as the It is a beauty.-Advt.
Hall of Justice has been carefully painted up, and, save for the ugliness of the colour, looks almost as beautiful as it did when the proud architect first turned out his magnum opus. As it is apparent this most inconvenient and obsolete structure has fresh long least of
—— Suma Izceiver has been
applied for and appointed for the United States Shipbuilding Company, the mammoth shipyard trust, which was organized some months ago and which absorbed most of the big plants of the United States, including the Union iron Works of San Francisco.
THE Universal Gasette gathers that Li Ching hsi, Governor designate of Kweichow, applied for a month's leave of absence at his last FURNITURE disinclination to proceed to his appointed post audience, therefore he is still at Peking. His DEALERS.
י -
DRAWING-ROOM,
DINING-ROOM,
and BED ROOM
FURNITURE.
ELECTRO-PLATED,
GLASS, and
CHINA WARES.
ASTEUR'S MICROBE-PROOF
FILTERS,
ROCHESTER LAMPS,
WHITE TURKISH TOWELS.
COUNTERPANES.
OOKING RANGES,
KITCHEN UTENSILS, and
HOUSEHOLD REQUISITES.
life, I would suggest that the site for the
proposed New Law Courts be laid out as a
is due to lack of an army and funds in Kwei- chow which adjoins the provinces of Yunnan croquet ground, tennis lawns, or something and Kwangsi where affairs are in a very disuseful and ornamental, and the road from the turbed condition,
City Hall to the Club-which has for some occult reason connected with contractors been thrown into the site-he reopened for the public convenience.
THE inquiry opened at the German Consulate, Bangkok, on 24th ult, into the circumstances attending the collision, which took place at the bar on the previous Sunday night between the steamship Petchaburi, of the North German Lloyd Orient Line and the lighter Lucky, Several witnesses gave evidence, but on account of the steamer having to leave for Hongkong the inquiry was adjourned until the next visit of the Prichaburi to Bangkok.
AFTER all the cattle dealer in Siam does not know everything, remarks the Bangkok Times, Some stir has been brought about at Sourabaya by the evil practices of certain cattle dealers HOTOGRAPHIC They fill the cattle with water by means of from the island of Madura, off the Java coast. DEPARTMENT.
bamboo infecters, so that the animals increase EVELOPING and PRINTING
in bulk present a sleek appearance, and weigh heavy. Such cattle are sold by weight and not UNDERTAKEN for AMATEURS.
GOOD WORK.
PROMPT RETURN.
ings, said it seemed to bim that the sole issue Mr. Morgan Phillips, having read the plead before the Court was whether there was, after the arrival of the Zafiro at Manila, a legal abandonment of the cargo to the defendants. on or about the 20th June the Zafiro left Hongkong, bound for Manila, having on board about 314 packages of goods shipped by plain- tiffs to their agents, or house, at that port, and
those goods were the subject matter of the
of the $2,200, the only difference appearing is His Lordship-By the payment into Court
insurance and the present action,
as, to the sum of $1,525.
Mr. Morgan Phillips-Yes, my Lord. Mr. Sharp-And upon that I think I may say, we do not state the $2,200 is correct as AN interesting case has recently engaged the.
your Lordship will see from the correspondence, attention of the British Court at Bangkok, the
but that it is the amount shown to be due by judge Mr, W. J. Archer having before him an
the particulars which have been given us. There was a further partial loss and, as the action brought by the Chartered Bank of correspondence shows, that upon receiving India, Australia and China against Kwang Seng particulars of that we said we would pay it... Long and Kwang Lee Hua. The plaintifs difference between the parties is, that as regards His Lordship:-What I understand to be the claimed Ticals 101,863 and interest at the rate of per cent per annum being money lent on 195 packages in dispute the Insurance Com- promissory notes. The first defendant firm pany do not deny there was some damage had an account claimed current with the plaindor, and on the other hand plaintiffs say it tiffs and gave a promissory note for the amount really does not matter how much it was because claimed which was, it is alleged, guaranteed by you gave notice of abandonment, which your first firm was that it was not subject to the which the defendants say they did not. There- the second detendant firm: The answer of the agents in Manita say they did accept and jurisdiction of the British Court only one out fore, the real point you want settled is whether of three partners being a British subject. The there was abandonment or not. answer of Khoo Yi Seng, manager, was that that he bound or intended to bind his partners while be admitted personal liability had nied THE time occupied by the mails from Shanghal given dismissing with coste the claims against After considerable argument judgment was homeward by Siberia will be considerably the firms Kwang Seng Long and Kwang Lae shortened by the new arrangement by which Hua, in so far as the partners who are not and are sorted there. The Afengette on Sunday partner found liable was Khoo Yi Seng, who the mails now go in sealed bags to Moscow British subjects were concerned. The one week took pine scaled bags from Shanghai to bad previously admitted his liability and ac Moscow, where the facilities for sorting are cepted judgment against himself much greater than at Dalay or Port Arthur. The N. C. D. News hears that the Chinese Eastern Railway Co. contemplate building three more sister-ships to the Manchuria and Mongolia, which will allow of a through ser vice twice a week between Shanghai, and Nagasaki and Dalny, with one steamer always LEGRAMS: "CARMICHAEL, Hongkong, in reserve. All recently received accounts B. Cr-Code, 4th Edition.
agree in praising this new homeward route,
Hongkong, 8th July, 1902
ARMICHAEL
CLARKE,
[728d
AND
CONSULTING ENGINEERS AND
SHIPBUILDERS, URVEYORS AND CONTRACTORS.
REPAIRS PROMPTLY ATTENDED TO.
I Code,
ber's Standard Code.
LEPONE, 233,
gkong, acth March, 1903.
[3558
E Bear to drink in the tropics is the Beer made in the tropics-SAN MIGUEL,
inquiries into this. at so much a head. The police are making
Four floors freshly painted and tinted and in first class condition to rent. Inquire at C. E. LeMunyon, New Store, 31, Des Vaux Road. P. O. Box 368fdok
THE Beer to drink in the tropics is the Deer
made in the tropics-BAN MIGUEL
KOWLOON,
The right way of developing the peninsula ceeded with by the Government, Plans and as the other side of the harbour is being pro specifications have been completed for the constriction of a road from Hunghom to Yaumati, thus placing these growing townships The road will start at a point in Kowloon 1. L. into closer communication with each other, 652, Hungbom, and terminate in Sixth Street, Yaumati. There will be a branch to First Street in Yaumail
THE Beer to drink in the tropics is the Bear
made in the tropics-SAN MIGUELA
Mr. Sharp-Yes, my Lord.
on the 20th June last year 314 packets of Mr. Morgan Phillips, continuing, said, that
shipped to Manila, and on the 22nd the Zafire goods, chiefly consisting of food stufls, were. ran ashore somewhere on the Philippines and was damaged. Two of her holds, Nos. 3 and about ten feet, and the goods were very much 4 became filled with water to the depth of damaged. The Zafiro arrived at Manila on the 15th June, and shortly afterwards part of the cargo was discharged from these holde, It was then seen it would be impossible to land them as they were in such a putrid condition, and 119 packages were dumped into the sea by order
into that,
His Lordship-I don't think you need go
loss, was absurd. Notice of the damage was not given to the defendants till six weeks after plaintiffs received intelligence of the accident, and the perishable cargo bad then seriously deteriorated, and the insured was no doubt anxious that the company should regard the loss as total. But what insurance company, he asked, would accept the loss of 119 pack ages out of 314 as a total logs? The defendants' agent might well have advised plaintiffs to sell the ends and then send in the'r claim, which should properly be one for partial and not total Inss. The effect of the evidence given in Ma- nila was to show that this was what actually
occurred.
Mr. Morgan Phillips having replied,
NATIVE FIREMAN DROWNED
Last night about ten o'clock as some of the Members of the United Service Lodge of Free- masons and their friends were returning from a
Lamma Island, an incident occurred which caused a gloom to be cast over the party. After leaving Shaukiwan where some of the party went ashore one of the Chinese dremen, who had apparently fallen asleep on the top of the awning of the launch, fell into the water. Im mediately a boat was lowered, a buoy thrown to the unfortunate man, and the launch turned about, but no further trace was seen of him.'” For fifty minutes the launch stood by, and then proceeded to Hongkong leaving the dinghy with a search party in her, but the body could not be found. The accident occurred about midway between Taikoo and the Kowloon,
Docks,
CHINAS DEBT TO THE POWERS.: His Lordship, in giving, judgment, said this was a claim against an insurance comp ny It is something gained, at all events that: where goods had been damaged by the strand: acusable proposal to make it easier for
the cargo was so disgustingly offensive in the gold payments until 1910, the eight creditor, arrived at Manila, it was found that some of essence of this new scheme is to postpons. into the holds. As a result, when the steamer international consideration at Peking. The smell that the Custon House people ordered Powers accepting silver in the meanwhile. war indemnity is now under
pine a part of it to be taken outside of the Philip. That would, of course, pilaup substantial arrears. Islands and dumped beyond the to be subsequently liquidated, but the Imperial three-mile limit. That was done, and as re-Treasury should gain much more than suffi was concerned he understood the matter sumption of gold payments. The scheme, such that they were lost utterly. As far as that years to bear that burden as well as the re- had been settled and there was no question as it is, is of purely British authorship, and gards the 119 cases there was no doubt cient financial strength during the next seven.
arising in connection with it. There remained the Chinese will not be slow to appreciate its the balance of the plaintiffs' cargo, 'some generous character." England is the one Po- of which was apparently quite good and wer among the eight that claims no more than damaged. Under those circumstances it was some, according to the evidence, slightly her just due. All the others, including the United States, put forward largely inflated quite clear there was no total loss, and therefore, demands, those of Germany and Russia being
Lordship said it was quite clear in his mind but as there does not appear the least likeli- no right on the insured to go to the insurance the most extortionate. They could have well. to make such a clain. Furthermore, his sulting from the substitution of silver for gold, office and say he abandoned it. He had no right afforded, therefore, to bear the reduction re---
there whe very considerable delay in giving hood of Shylock being content with anything a sort of constructive notice of abandon- less than the covenanted pound of flesh, the ment, because there was no proper form or only thing to be done is to save the victim was it was treated by planitiffs as giving notice of interest of the Powers to hasten that tragedy, written notice of abandonment. Whatever it from being bled to death. As it is not tha abandonment, and his Lordship was not at all that should feel greatly indebted to Sir Ernest ant's agent. At all events there was doubt the events, stave it off until 1910. According to clear that it was understood as such by defend Satow for outlining a plan which would, at all defendant's agent told them they had better the Times correspondent at Peking it bas latt. r- company said they were to sell it and then sorely pressed just now by financial difficulties to whose account it was to be sold. sell the damaged stuff, and the question arose as ly been better appreciated by the other Minis The ters. Unfortunately, two of the claimants are asserted they were to sell it, not goods at all, but as a part of the total loss their Governments of much greater conse make their claim for their loss, while plaintiffs at home, and the immediate relief of this stress, for and on behalf of the insuarace comp-quence than the relief of the Peking Treasury as their to the largest possible extent, may appear to any. At first sight the evidence, gave
been given and accepted, but when he looked at the whole of it, and he had read every word of the commission, he was inclined to think
met the other side with a little less red tape, particular in the case, and might have the insurance company had been a little over-
be settled and the question was what should be It was most important the matter should done. If both parties agreed be suggested they fix upon some expert and let him, as cheaply amassed, and without Counsel, lawyern of as possible, without a lot of evidence being anything of that sort, take the matter in hand, look at the documents and say how much should be paid by the company beyond the sum paid into Court. When that had been done, his Lordship thought the parties could atiend in Chambers to settle the question of
some colour to the contention that notice bad:
costs.
5.
Mr. Sharp-I believe we can manage with
soon as plaintiffs' agent at Manila heard of the
Mr. Morgan Phillips proceeding, said that as out it WINNE accident to the Zafiro he went to the defen-name of Mr. Saunders and Mr. Whittall,
His Lordship If not I would mention the
goods which were insured, by a policy on, the dant's agent, and told him he had certified) Zafiro, and gave then a sort of formal notice
Mr. Sharp-There will be no trouble, my
of the fact. Subsequently he went to them
Lord.
and asked what was to be done about them,
THE Beer to drink in the tropics the Beer
maile in the tropics-SAN MIGUEL,
from an unbearable burden,
THE PLAGUE.
the beginning of the year, up to 1,312. Of cases of plague bringing the total number, since The return for the forty-eight hours ended at noon to-day gives 13 additional Chinese
noon on Saturday 25 cases and 18 deaths were these eight were fatal. During the week ended at reported, which, compared with the previous seven days when the figures were : 54 Casen, 18. deaths, must be regarded are very satisfactory a
during the week, no other communicable disease was reported
1
:
SHIPPING AND MAILS.
MAILS DUR German (Preussen) to-morrow, Canadian (Empress of Japan) to-morrow. English (Palawan) 8th instit German (Prins Heinrich),8th-inst. American (America Maru) 8th inst. Austmallan (Australian) 9th list. Indian p (Kumsang) ráth inst. Canadian (Athenian) 20th inst,
The CP R. Co.'s sa. Athenian left Vans Mr. Morgan Phillips-I don't think there usual Ports of Callan PAN
couver p.m., 29th 'ult, for. Hongkong via the
Mr. SharpOh, no, I don't think so..
THE Beer to drink in the tropics is the Beer
Made in the topics-9AN MIGUEL,
The Imperial German Mail & Preussen Icft Foochow today, am, and may be expected here to-morrow evening,
HE
Beer to drink in the tropics to the Bear made in the tropics-BAN MIGUEL-
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