1911-05-16 — Page 4

Intimatio is.

ESTABLISHED A.D. 1841.

WINE AND SPIR T

MERCHANTS.

WATSON'S

E

VERY OLD LIQUEUR SCOTCH

AND

FINE MELLOW

FLAVOUR.

in

THE HONGKONG TELEGRAPH TUESDAY MAY 16 1911

SUPREME COURT.

IMPORTANT CHARTER PARTY CASE.

-

with that in 00 cases out of 100, and very probably in this case, I don't

PROFIT AND LOSS ACH

Debtor.

COUNT.

Mr. Pollock then proceeded to Mr. Potter.It may be. I agree COMPANY REPORT. open his case, referring first of all to correspondence relating to the charter party, which was ontered want to contest anything and de-EAK TRAMWAYS CO., LTD. To Ounts and Storos $11,00547 into between the parties on 1st lay matters, but my friend had October, 1919. On 19th October batter quoto his authority.

The ordinary annual general the charterers received the vessel 1

and even when Peking was in the weon the Java-China-Japan Lino pay to a firm called Kian Gwan be difficult for the charterers to Directors is as follows:

cept that his

and Co.

5

Rates Crown Rout

and Fire Insuraneo

Charges..... Maintenance and Repairs

3,428.07

10,186,20

1,193.80

11

Salaries and

Wagos.............. 24,010.91

,་་

Mortgage Intorest

2,020.02

"

pa Rt. B. Lot 80

Allowance to Gen- oral Managers to cover oflice Rent und Clorks' Salur.........

ies

The Net Profit for the wolve

To which has to be added the balance brought forward

$32,810.32

from last account 3,014.48

holders, absorbing $24,000,00,

Making available for

appropriation...$35,833.80 | dividend at the rate of 8 per The directors recommend that nt. per annum be paid to share- that $10,000.00 bo writton off Permanent Way and Concession

to a new profit and loss account. (new line) account and that the balance of $1,833,80 bo carried

DIRECTORS.

"1

Directors' Fees

* $2,500.00 Romumoration to

General Managers, 5 per cent on gross earnings 5,003,25

Balance..........

Creditor. By Traffic Receipts (after doducting loss on subsidiary coins)

Advertisement

6,000.00

7,503.25 32,819.32

$100,005.08

$00,075.58

301.40

Itent Account

315.00

Interest

#1

2,471,80

Transfer FooR

1

19.50.

*$110,005,08

JOHN D.-HUMPHREYS

& SON,. General Managers.

remarkable physical bounty, ho hold firmly in her favour, Hu above all othord was instrumental in inducing the Empress Down- gor to take the stand she did

In Original Jurisdiction before during the Boxer outbreak. Ho the Chief Justice, Sir Francis T. A. S. WATSON & prevailed upon her that the Boxers Piggott, this morning, a case was of the disputo. Wunt lad up to class risk asslo is warranted to be, Hongkong Hotel on Saturday Mr. Pollock did so and sub-moting of the Peak Tramways and they used her up to the time mitted that if a ship bo not a first Co., Ltd., will be held at tho really were immune from the called arising out of auarbitration this was the fact that their some very serious, consequences morning. CO., LD. weapons of the foreigners, whom

concerning a charter party beagants in Samurang lad to follow in the first case it would they "would drive into the sen,"

The report of the Bonni of and Olaf Wijk and Co., China sum of $770 ostra insurance in gotshippers to ship cargo by a ship hands of the allios ho still prevail--

respect af sugar shipped by the if they find on application at in- Agencios, Ltd. The arbitrations. Victoria under the timo char-surance oflicee, that they have to now beg to submit to you thoir Gentlemen,- The Dircetore ed upon his mistress not to give

onse had been heard and a special ter. The receipt relating to that pay extra premiums. The fact report and statement of accounta in. During the flight to Tsianfu caso stated.. It now came on for paymont had boon put in. It was that extra promiums had to be for the year ending 30th April, ho went in foar and trom-argument upon questions of law. an important payment because it paid naturally put shippers off 1911. bling for his life, but ex-lou. Mr. H. E. Pollock, K.C., formed an item in the damages from shipping by that vessel.

great hoard of troasure in the Palaco ws/ton), appeared for the charterers, charter. Their agents actually Of course one persons who feos and gonoral managers' ro-] the favn China-Japan Lino; and had to make a disbursement under charter ships do so with the idea muneration and providing for betrayed to the French soldiers Mr. Eldon Potter (instructed by the time churter in rospect of that if freights go up they in turn loss on subsidiary coins, amounts and by thema joyously looted heMr, G. Hastings), for Olaf Wijk extra insurance premium because may care in charter the ship als to escaped scot free. On his return

of the Victoria not being a first-profit, and if, instead of being a to power, with a fortuno of two

Mr. Pollock submitted in the class risk.

first class risk, as she is described first place that ho was entitled to

Mr. Potter said he must take ob- by her owner, she turns out and a half millions, "qozod" open the caso and proceeded to jection at thisstago in order to pronot to be a first class risk at from the wretched peasantry of state his reasons for this conten-tect himself hereafter. There was all, but a ship on which extra the interior, ho took up the old tion. Tho Java-China-Japan no evidence before the arbitrators premium has to be paid by ship-{

chartered role and, with others, sought by Lino, he said, WHISKY

anor before the Court to show why pers of cargo, that seriously affects ovory menus in his power to drive steamer called the Victoria from that sum of $770 was paid at the prospects of chartering. A Blend of the Finest Pure out and unoy the foroigner,

Olaf Wijk and Co., and the parti-Samarang. The only evidence

Mr. Putter said his friend's caso cular charter party with which was the receipt to show that sonic was apparently this: "We are Malt A biskies distilled Such me contribute more than his Lordship was concerned was body paid somebody olso that entitled at any time to give up the anything else to Tho de palisa- time charter for one year from sum. There was no evidenco to bont wo lave chartered und wo Scotland

tion of the Peking Gaviment, 1st October, 1910. Before the show that it was payable because chose to do so at the end of

charter party had proceeded as the Victoria was not a first-class months." and when Lå fell frog-power in

anch as half its course, the char-risk or because the owner had 1908 it was thought that a new terers claimed to be entitled for been guilty of any breach of what the enso was. I interrupted His Lordship That is not GENUINE AGE regime would be inaugurated. certain reasons to cancel that warranty. The charterers nsked him on the question of knowledge. This, alns, not the case, for his charter party and to. rocover the Court to décide whether they

Mr. Potter:-Thon his position SRCCossor, Chang Yuan-fu, is al- damages by reason of the ship were entitled to this sum of $770 is-I take it-that assuming for rek a bye-word in the Capital. chartered by them not being a on the ground that it was payable the moment that the charterers Mr. Henry Keswick having ro Mr. Simon A. Levy and Hon. Chinese patriots and reformers offices. The matter was referred first-class risk,

first-class risk in local insurance because the Victoria was not a only had knowledge of the fact signed, Mr. C. S. Gubbay and expressed the pious aspiration to arbitrators undor an arbi-

Wo have examined the above at the moment that they put an Hon. Mr. C. H. Hoss wore invited. that the days of such parasitos tration clause. Mr. Slado, who tion before mo?

His Lordships that the ques end to the charter, my friend's to occupy the vacant seats on the Statement, with the Books and Robert Porter & Co.'s as Li were over, and that then represented theva-China Mr. PatterThat is one of the using the boat for five months, the 73 of the Company's Articles of found it to be corrret,

enso appears to be that aftor Board. In accordance with Rule Vouchers of the Company and. his downfall would pave the Japan Line, appeared before the

arbitrators and it seemed to have questions.

charterers, becoming aware that Association, Dr. J. W. Noble, Sir W. HUTTON POTTS BULL DOG way to the abolition of the whole been couredod then by the nebi-

Mr. Pollock went on to argue

it was not a first class risk, wore lornusjeo Mody, Hon. Mr. C. H

‚A. IL. LOWE, CIA, pernicious system of euuuch in-trators that it was for him to that on the face of it the receipt entitled to give up the bunt, and Ross, Mr. J. Scott Harston mud

Auditors. fluence, but Chang is oven more begin," the Java-China-Japan was for extra insurance premium, hope to show that it is impos- Mr. O, S. Gubbay rotiro, but boing

Hongkong, 15th May, 1911, arrogant than là during the most ine having cancelled the time which meant beyond the ordinary siblo in law, I think. Ishall show eligible offer themselves for re- charter bofore the natural ox insurance promium. It appeared that the charterors, having used

AN ARBITRATION CASE licentious period of Tauai'spiration of the period, claiming also on the face of it that the the vessel for five months, are

AUDITORS.

SEQUEL. The Accounts have been audit-1 caroor, and he has not even the the right to cancel the charter sugar was shipped by the char- precluded from treating the con- saving grace of "going softly," party "hofuro it ran out in the tored steamer Victoria and fur-dition as a condition precedented by Mossrs. W. II. Potts and This afternoon in the Supremo- but daringly, flaunts himself ordinary course, and also claim ther that the sugar was shipped and the law is clear that they must A. 1. Lowo. Mr. Pouts and Mrs Court, Sir Francis Piggott (Chiof in almost regal splendour. His ing damages. If that position on 19th January in Samarang for comploto the contract and that Lowe offer themselves for re-ustice) gave judgment us 10-

was correct then, he submitted Hongkong. Therefore his Lord. their remedy is to sue for any

gards costs in to matter of the influence with the prosont Dowa-that it was correct now. le pro-ship would sea clonrly from that damages they may have suffered HENRY HUMPHREYS, &ger Empress is almost as great, posed to show his Lordship that receipt, first of all, that the ship at the ond of the continet.

arbitration caso between San-. Chairman.

lor, Wioler and Co. and if not quite as great, as that of they wore entitled to terminate mont referred to in it being of tinuing, Counsel pointed out that

Hongkong, 15th May, 1911. tho Wing On firm. Tho 19th January was after October 1st and prior to Oc- the boy-Emperor and groutor than the charter party in the middle of date

Wing On firin-lund-moved, the ander the period of elurter and it was shipmont

the that of the Rugant. His power for him to begin on that point.

time tober 19th the charterors know STATEMENT OF ACCOUNTS.Ct. for order against churter; second, that it was a that the boat was not a first-class howover, will not last long; he is

His Lordship-What is the shipment on the chartered vos-risk, and they mado no attempt too arrogant; and when his down-general principle of beginning in sol, the Victoria; and, third, that to terminate the contract, nor did fall comes it is devoutly to be arbitrations?

it was a payment ninde for they communicate to the owners hoped that he and the docensed

extra insurance premium beyond that there were disputes about the ordinary payment of insurance instirance on the ground that the Li Lion-ying will be die lust of

under the time, charter. On the Victorin was not a firet class risk. face of this document there was Continuing Mr. Potter re His Lordship-Yes; you claim evidence to satisfy his Lordship, marked that the other point in his to cancel the charter party, but sitting as a jury, that there had frion's case was thint he was you would not be plaintiff in an been an additional payment be entitled to damages amounting Reserve Fund... action. The plaintiff would beyond the ordinary payment of to $770 by reason of broach of Mortgage R. B. Lot the other side bringing an insurance promium mado in conditions, but the really import

No. 80...... The Chinaman, who was stab-action for damages. In the rospect of the shipment under ant matter for his lordship to Unexpired Season bed the other day, and was sub-action you would simply cancel the time charter.

decide was whether or not the Tickets......... sequently admitted to hospital, the charter.

His Lordship- should have charteror wasentitled to terminate Sundry Creditors.... has died.

Mr. Pollock-We not only thought that was a question for the contract. They had had the Profit and Loss Ac- cancelled the charter but also the arbitrators,

bost from October 19th to April | count claim damages in respect of hav

3rd and he would submit that it Mr, Potter--Wa avere cut very

From last year... $3,014.48 premiums in consequence of the Mr. Stade was going away going make an end of the whole ing had to pay extra insurance short for time, your Lordship. would be most unfair if the do For the year.....82.819.32 would make no order but leave

charterors could say

-35,833.80 it to be decided by the arbitratore and Mr. Shewan, who was one contract." The clirterers knew

when thoy dealt with the coils His Lordship-So that you of the arbitrators, was going much about the boat as his

$399,887.42. of the arbitration. Any order. would have boon plaintiff in the away, that adjudication clients did.

which he might make might

other points was delegated to your upon this as well as upon a lot of

unduly influence the arbitrators in coming to a decision on the Lordship.

question of costs generally, and a $200,000.00 Monnal order would allow im- modate taxation, which would not le right.

BRAND

GUINNESS'

STOUT

iP NTB and SPLITS

J. S.

WATSON

CO., LD. ALEXANDRA BUILDINGS. Menghong, 7th July, 1910. - [28

i ke object of this paper is to publish correct information, to serve the truth and print the none without fear or

favour.

Cable Address: Telegraph

Hongkong.

Telephone: No. 1.

A. B.C., &th edition

Western Union.

THE

thoir obmuxious class.

HONGKONG. DAY

BY DAY.

--་

A nan las complained to the way to Stanley, he was stopped police, that, while he was on his

Honghong Telegraph by two men, who robbed him of

l'orakoxo, Torsday, May 16, 1911.

THE NOTORIOUS EUNUCHS.

$31.

Mr. Pollock-I take it that it-is the some as it would be in Court; the party, who prima facio has

support-

ship not being a first-class risk.

to

The Rahman Tin Company's action? output in April was 621 piculs., Mr. Pollock-Yos, as claiming The output from the Rahumudamages. It would be part of | Hydraulic Tin, Ltd., during April our case that wo were entitled to was 400 picule. The output of claim damages by reason of the the Middleton Tin Mines, Ltd., for ship not being a first-class risk April was 34.50 picnls.

as provided for by the charter party, and the ship not being

a

+

tl.

Con-

46 wo nro

M. Potter then quoted numer ous authorities in support of his ense and at the time of going to press the case had not finished.

election.

election.

LIABILITIES. Capital-Account-- 75,000 shares of $10 each

$750,000:00

S n'or, Wioler and Co. for their (own corts, and of the arbitration and incidental to the special case and the argument before the Court.

Less uncalled, $9

His Lordship hold that he had - no jurisdiction to order costs per share on 50,000 |

originally and be und to Bhares......... $450,000.00 jurisdiction, opart from #Dy $300,000.00 other question, to order thom 20,000.00 now. As to the question of the cost of this motion he had been 20,000.00 puzzled, but after giving it his best consideration he hund come to 4,028.79 the conclusion that in the peculin 10,074.83 circumstances of the case this mo-

ASSETS. Permanont Way and Concession (old line) Permanent Way and Concession (new lino)

Lonseholds and Buildings. (Inland Tots. 1317, 1333, 1334, 1335, 1353 and R. B. Lots 80 nud 80).

last Hoport...35.256.20

Por

Mr. Pullock also stated that there had been considerable hurry. But this document had been put The donth has occurred at Pok-

in before the arbitrators, it had

The Exile Motor Garage lusPer last ing in his sixty-ninth year of the

removed A wedding will be solemnized first-class risk would also involve

been included in the special cash,

to larger premises, Report ... 48,950,20 notorious Li Lion-ying, the Chief at St. John's Cathedral on the our right to cancel the charter and they never thought that any bly 33 and 35 Der Vieux Les writ

7th of June at 1 o'clock p.m. of party,

question was to be raised upon it. Road, formerly occupied by the ton off 10,000.00 Eunuch of the Inte Empress Capt. C. H. Douglas St. Clair, Mr. Potter in reply said that if Mr. Pottor pointed out that,ngkong Shoe Factory. Dowager Tza Ilsi, and with his A. S. C., and Miss Agathia Mary there had been no arbitration what bitration court, he had cross-vorlich," from Hongkong, ground- when the case was before the ar- The Ben Line steamer Ben-

Stations. Crown passing there is removed from the Jucks,

would have happened would have stage ofChinese politicsu character

been this: the other side would examined Mr. Bisschop (headel on the Ridge Shoal in the The lecture which was an have cancelled the charter party, agent of the Java-China-Japan English Channel on March 17 that had nothing to redeem it save noticed last week to be given by his clients would have brought on Line) very fully on that document, when hound for Antwerp, but his love for his Imperial mis- the Hov. W. II. Foster Fogg at the action for damages, and the other so that the other side could not was refloated without assistance tross. The power wiolded by Li Chinese Y.M.C.A. on "Nansen's side world have counterclaimed say they had been taken by sur-ordnunge, Lion-ying was colossal, second Furthest North" will be delivered for damages for breach of war-

priso.

The subscription list which was only to that of the Empress Do-

on Thursday next,

ranty. The special case had boon Continuing, Counsel said that opened on behalf of the wife of V. Add altera wager herself. For forty years his

drafted on their application. The his Lordship had before him the Vallon, the avintor who lost histons, &c., Of a number of Chinese taken only point was whether that en- findings of the arbitrators, to this life at Shanghai fast week, is a name was one to conjure, with in upon suspicion of being members titled them to begin.

offect that the S. 8. Victoria, the ves long one. The total amount aub- offecto!... 725.00 official circles. Ho made and mar- of a secret society at Klang, three His LordshipAre the findings sol chartered to his clients by the scribed up to the 12th inst, was red viceroys, governors, and petty loadmen have been fined $300 of fact in your favour or in favour Olaf Wijk Co., was not a first $3,807.20.

Rolling Stock......... each, three discharged and the of the other side? officials, and the metropolitan roat fined $50 each.

class risk in local insurance offices. The tennis team of the Chinese Office Furniture..... Mi. Potter-We say they Dealing with the time charter Y. M. C. A. will play the Queen's Couls and Stores in mandarinate trembled before him.

were in our favour, but I think Counsel said, it contemplated a College team on their own ground

hand........ The subterraneau channels of his { A marriago has been arranged, the majority of the facts have succussion of voyages to be under- at Causeway Bay on Wednesday Sundry Debtore...... pernicious influence roached out and will shortly take place, bo-been agreed upon. There were taken during the period of the afternoon at 4-30. The games Cash in to every yamon in the Empiro, Henderson, Lieutenant, R.N., the arbitrators but on a whole lot of a charter for a certain period of the Hongkong Tennis League. Shai tween Reginald Guy: Hanuam only four questions submitted to charter. It had the effect simply will be played under the auspices H.K. & carrying to all parts of Chias the younger son of Commander John of facts we agreed. We asked split up into a certain number of gorms of political corruption and Ianuam Henderson, R.N. (re- for a special case in order to voyages, certain trading limits Mining Company, Ltd., inform us Cish &

The Chinese Engineoring and Bank... $90,183.63 Intriguo. Time and again ho was tired) Tenby, South Wales, and facilitate matters.

being excluded during that period, that the toil output of the Com-O'dores' denounced by indignant censors, Islay Edyth Campbell, second His Lordship-I think we had The description of a ship's class pany's three mines for the wosk Orders: but since the day he first attracted daughter of the late Mr. Rhode-botter follow the procedure as it forma a very material part of a ending 20th April amounted to in hand the attention of Tzu Hai by Mrs. Rtboderick Campbell, Shang-

rick McNeil Angue Campbell and was before the arbitrators, contract,

Mr. Fotter Vory well, my

39,102,97 tons and that the sales His Lordaliiple that contest during that period totalled his address, good manners and hai, China.

$1,049.88 tour,

Lord.

sinco

3,453.50

tion must come within the same principle that it was an incident of the referonco and therefore he

The well-known Chinoso con- juror, Ching Ling-fin, who has made a succosslul tour of the world, has kindly given three on- 38,950.20 tertuinmonts in Chung Su-ho's Gardens, Shanghai, in aid of the Outral China Famine Fund.

I

#35,981,20 28.457.22

During the twenty-four hours onding noon to-day two caso9 of plague lave occurred, the victim being Chinose. During the previous forty-eight hours not a single case occurred. The total number of cases which have beenge notified since the 1st Januat 34-all Chinese-on | 20 have succumbed to the dig

When a now Mig 653.00 Num-boi lins received

aflice, it is usual for lec

934.10 the various Consulso in 1,243.73 with whom he he.

No

contact in things dipa Nam-boi

cently Magistrate 4*

sent u lotter, the french Cont

sul, who not having

on

previous

ly informed of tice has since

refused to an French Consul's municas been banded