19r
SUPREME COURT.
IMPORTANT CHARTER
THE HONGKONG TELEGRAPH SATURDAY MAY 20 TOTI
Mr. Pollock thon proceeded to opon his coso, referring first of all to correspondeuse relating to the charter party, which was entered into between the parties on 1st | October, 1910. On 19th Octobor the charterers received the vessel
Mr. Potter-It may be. Ingres with that in 99 cases out of 100, and very probably in this caso. I don't want to enlost anything and do- lay maltors, but my friend had botter quoto Itis authority.
COMPANY REPORT.
EAK TRAMWAYS 00., LTD.
The ordinary anual general
Mr. Pollock did so and sub-meeting of the Peak Tramways mitted thant if a ship bo not a first Co., Ltd., will be held at the class riskasshe is warranted to be, Hongkong Hotel on Saturday some very serious consequences morning.. follow; in the first case it would
The report of the Board of
PARTY CASE. In Original Jurisdiction beforo the Chief Justice, Sir Francis T.
and they used her up to the time Piggott, Tuesday morning, a case of the dispute. What lod up to waacalled arising out of an arbitra- this was the fact that their tion concerning a chiartor party bengoats in Samarang, had to tween the Javn-China-Japan Line pay to a firm called Kian Gwan be difficult for the charterers to Directors is as follows:
a sum of $770 extra insurance in got shippers to ship cargo by a ship and Olaf Wijk and Co., China rospect of sugar shipped by the if they find on application at in-
Gentlemen,The Directors Agoncios, Ltd. The arbitrations.. Victoria under the time char-surancs elliees, that they have to now-beg to subunit to you their caso had boon hoard and a special tor. The receipt relating to that pay extra premiums. The fact report and statement of accounts case stated. It now came on for payment had boon put in. It was that oxira premiums had to be for the year ending 30th April, argument upon questions of law, an important payment because it paid naturally put shippers off 1911.. Hon. Mr. H. E. Pollock, K.C., formed an item in the damages from shipping by that vessel.
The Not Trolit for. the wolve, (instracted by Mr. J. Scott Hare they claimed under the time That was, purely commonsense. months, after deducting directors" ton), appeared for the charterers, charter. Their agoats actually Of course" somo persons who feos and gonoral "managers' ro- the Java-China-Japan Line; and land to make a disbursement underbartor ships do so with the idea muneration and providing for Mr. Eldon Potter (instructed by the timo charter in Fospect of that if freights go up they in turn loss on subsidiary coins, amounts Mr. G. Hastinga), for Olaf Wijk extra Insurance premium because my care to chartor the ship at nto.......
of the Victorin not being a first-profit, and if, iustoad of boing u class risk.
first class risk, as sho is described by her owner, she turns out not to be a first class risk nt: all, but a ship on which extra premium has to be paid by ship Making available for pors of cargo, thunt seriously affects appropriation.... $35,833.80 the prospects of re-chartering. The directors recommend that Mr. Potter said his friend's case a dividend at the rate of 8 por was apparently this: "We are cont, por annuin be paid to share- entitled at any time to give up the holders, absorbing $24,000.00, boat we have chartored and we that $10,000.00 be written off chose to do so at the end of 5 Permanent Way and Concossion (new line) account and that the His Lordship: That is not balance of $1,833.30 be carried
and Co.
+
|
To which has to bo
added the balance brought forward
$32,819.32
from last account 3,014,48
DIRECTORS.
카
D
10
PROFIT AND LOSS AC- COUNT.
Debtor..
Maintonanco and
Ropnirs
Rates Crowi Rent
and Fire Instiranco Salarios and Wagos......
Mortgago Interest on R. B. Lot 80 ...
Allowance to Gon- eral Managers to
A TALK ON CHINESE SERVANTS.
servants.
all littlo plackages, put in little girl's blasket, shut door, go homo. "The Chinamon aro liko tla
To Couls and Stores $11,005.47 At a small dinner given recont nursery rhyme, when they'ro Charges....... 3,420.07 ly in Washington by a Western good they're very, very good;
and when they're bad they're Sonator and his wife, thọ convor devils. When you give an order 10,186.20
sation, toward dessert, turned on to a Chink it is extremely difficult 1,193.86 tho sorvant problein, and one of to find out if you havo mado an the guests announced she lind impression, or to discovor in 24,010.90 dotorinined to employ Chinese what spirit your words are taken. Thoir yollow, parolument-like 2,020.92 "My dear Madam," said her faces are usually immobile, ex- host, you will be jumping from pressionless musks that betray the frying pan into the fire. Two nothing. nights ago I dined with Roar Ad- miral Blank. Ho has a Chinese 8,000.00 cook, whom they brought with then from California. Well, the [dinner was given to celebrate the Admiral's soventy-second birth-bi mobbe "leven, mebbe tlelve day. The Chinose cook hat shown o'clock to-mollow?
"When I land friends to dinner, the greatest interest about propar Chow was just as apt to begin.in: ing the good things to on, my the middle and end with the 7,03.25 hostess told me, and had partion-
⚫ cover oflico Rent and Clerks' Salar- ios........
;
15
'Directors' Fees
$2,500.00
31
Remuneration tỡ General Managers,
#
5 por cont on gross
earnings 5,013.25
Balance...
Creditor.
By Trallic Receipts
(aftor daducting loss on subsidiary".
coins)
D
Advertisement"
Ronts
Rent Account ... "Intorent
"
Transfer Fees
"I had a Chinainan onco who early drove me to madness. If told him to bo in at a certain hour ho invariably answered:
"Mo no sabo. Me olon back-
32,810.32 Jurly requested that he be allow-soup. Again, with malice afore- ed to make the cake, instead of thought, he would put the roasta in front of my wife and the sweets $100,005.08 getting it from Rauscher's.
"The dessert arrived and altor before me. He knew botter, and the ices were passed, the butler he know we know he knew bot- tor. If you remonstrated with came in carrying an onormous
him ho would simply say: "No white frosted cake. It was simply abo. He would get perfectly
delicious, as well as ornamental.
$90,975.58 Before it was cut, wo all examined furious if wo were late for meste, and if our guests asked for a
on one
the decorations... In the contre; 301-40 doue in chocolate, was the date of second helping of enke, (whioli, 315.00 the Admiral's birthday; under it like most Chinks, he made. 2,471.00 the date of the day of the dinner;
deliciously) he would mutter: 19.50 and right around the cake he had
***Mo makee cakee too cheapes ine want more moned. put in largo lettoring,
"I remember that $110,005.08
"Propare to meet thy God!"" JOIN D. HUMPHREYS
Christmani Day Chow poured the "Well, that reminds me of a & SON, somewhat similiar story," said pudding sauce over the boiled General Managers.
another guest, when the laughter Bulinon, and had raisins scattered. had subsided. A friend of through the potatoes. Still, we Wo have examined the above mine employed a Chinnman who could not make up our minds to discharge him." Thoro are Vouchers of the Company and long. He was a devout Sunday world, and he was one of them. school scholar. It was his one But shortly afterwards he reached. found it to be correct.
dissipation. In fact, he dragged hisseligion (or what he professed the climax by providing us with to be his religion) into everything matton chops nestling in puro
tabasco sauce! ho did. Ho had a most dis on- corting habit of putting texts on icad cakes, and on anything else that came handy. For instance, ho was particularly fond of laying chops on n dish in the shape of cross.
His Lordship-Is that the quesoul to the charter, my friends to occupy the vacant soats on the Statement with the Books and had not been in this country very low honest Chinks in the servant
tion before me?
Mr. Houry Keswick having ro- Mr. Simon A. Lovy and Hou, signed, Mr. C. S. Gubbay and Hon. Mr. U. H. Ross. wore invited Board. In Recordance with Rule 73 of the Company's Articles of Association, Dr. J. W. Noble, Sir Hormusjeo Mody, Hon. Mr. U. H.
Mr. C. S. Gubbsy retire, but belug less, Mr. J. Scott Harston and eligible offer themselves for ro-
olection,
AUDITORS.
The Accounts have boon audit-
Mr. Pollock submitted in the first place that he was entitled to Mr. Potter said ho must take ob- open the case and proceeded to jection at thisstago in order to 'pro- stato his reasons for this conton-toet himself hereafter. There was tion. Tho Java-China-Japan no evidence before the arbitrators Lino, he said, chartered a nor before the Court to show why steamer called the Victoria from that sum of $770 was paid at Olaf Wijle and Co., and the parti Samarang. The only ovidence cular chartor party with which was the receipt to show that some his Lordship was concerned was body paid Homobody olso that a time-charter for one your from sum. There was no gyblonce to 1st, October, 1910. Before the show that it was payable because charter party had proceeded as the Victoria was not a first-class months." much nsdalf its course, the clar-risk or because the owner had terers claimed to be entitled for hean guilty of any breach, of what the caso was. Iintorrupted to a now profit and loss account. certain reasons to cancel that warranty. The charterors askodim on the question of knowledge. charter party and to [recover the Court to decide whether they
Mr. Potter:-Then his position damages by reason of the ship were entitled to this sum of $770-1 take it-that assuming for chartored by them not being on the ground that it was payable the moment that the churterers first-class risk in local insurance because the Victoria was not only lid knowledge of the fact officos. The matter was referred first-class risk.
at the moment that they put an to arbitralors under an arbi- tration clause. Mr. Slade, who
ense appears to be that altor thon represented tho. Java-Ching-
Mr. Potter-Thai is one of the using the boat for five months, the Japan Lino, appeared before the
charterers, becoming aware that arbitrators and it seemed to requestions,
it was not a first class risk, were beon concerlod then by the arbi- Mr. Pollock went on to argue trators that it was for him to that on the face of it the receipt entitled to give up the bunt, and bogin, tho Java-Chinn-Japan was for extra insurance premium, I hope to show that it is impos Line having cancelled the time which meant beyond the ordinary sible in law, I think. I shall show charter before the natural ox-insurance promium. It appeared that the charterers, having used piration of the period, claiming also on the face of it that the the vessel for five months, are the right to cancel the churtor sugar was shipped by the char-precluded from treating the con- party bofore it ran out in the tered steamer Victoria and furtition as a condition precedented by Messrs. W. H. Potts and ordinary course, and also claim-ther that the sugar was shipped and the law isclear that they must ing damages, If that position on 19th January in Sanarang for complete the contract and that was correct then, he submitted Hongkong. Therefore his Lord their remedy is to sus for any that it was correct now. He pro-ship would see cloarly from that damages they may have suffore I posed to show his Lordship that receipt, first of all, that the ship-at the end of the contract. Con they were entitled to terminutement referred to in it boing of tinuing, Counsel pointed out that
19th January
after October 1st and prior to De-i the charter party in the middle of dato
time tobor Eth the clarterers know shipment under the the period of charter and it was for him to liegin on that point.
charter; second, that it was a that the boat was not a first class His Lordship-What is the shipment on the chartered vos risk, and they mado no attempt general principle of beginning in sel, the Victoria; and, third, that to terminate the contract, nor did arbitrations?
it was a payment made for they commumicate to the owners Mr. Pollock-I take it that it is extra insurance premium beyond that there were disputes about the same as it we be in Court: tho ordinary payinont of insurance insurance on the ground that the the party who facio has to under the time charter. On the Victoria was not a first class risk. face of this document thoro was Continuing Mr. Potter re support-
His Lordship-Yes; you claim evidence to satisfy his Lordship, marked that the other point in his to cancel the charter party, but silting as a jury, that there had friend's case was that he was you would not be plaintiff in an been an additional payruent be- entitled to damages, amounting notion. The plaintiff would beyond the ordinary payment of to $770 by reason of breach of the other side bringing an insurance premium made in conditions, but the roally import action for damages. In the rospect of the shipment, under ant matter for his lordship, to decide was whether or not the action you would simply cancel the time charter.
charterer wanentitled to torminate Mr. Pollock-Wo not only
the contract. They had had the boat from October 19th to April cancelled the charter, but also
3rd and he would submit that it' claim damages in respect of hav Mr. Potter-Wo were cut very would be most unfair if the ing had to pay extra insurance short for time, your Lordship charterers could say premiums in consequence of the Mr. Stade was going away going make an end of the whole ship not being a first-class risk. and Mr. Showan, who was one
contract. The charterers know
the charter,
|
was
His Lordship-1 should havo thought that was a question for the arbitrators.
we are
His Lordship-So that you of the arbitrators, was going as much about, the boat as his would havo boon plaintiff in the away, 60 that adjudication clients did. nction?
upon this as well as upon a lot of
Potter then quoted numer ous authorities in support of his case and at the time of going to press the case had not finished.
-W. HUTTON POTTS
A. R. LOWE, O.A.
Auditora. Hongkong, 15th May, 1011,
SINGAPORE FREIGHTS.
Before leaving for homo, the A. R. Lowe. Mr. Potts and Mr. Governor, Sir Julun Anderson, Lowe offer themselves for re-received ʼn memorial from overy election.
Singapore mercantile house which
HENRY HUMPHREYS,
Chairman,
Hongkong, 15th May, 1911. STATEMENT OF ACCOUNTS.
LIABILITIES.
Capital Account-"- 75,000 shares of $10.oach.......... $750,000.00 Les uncalled, $9 pershare on 50,000 shares............
Reserve Fund........ Mortgage B. B. Lol Unexpired
Sonson
No. 80.
Tickets.................. Sundry Creditors.... Profit and Loss Ac
count...
From last year... do For the year...
(old
ASSETS. Permanent Way and
Concession line) Permanent Way and Concession (now lino) ......
Per last
Report ...48,950.20 Less writ-
Mr. Pollock-Yes, as claiming other points was delegated to your dimages. It would be part of Lordship. our case that wo were entitled to:
* Mr. Pollock also stated that claim damage by reason of the ship not being a first-class risk there lind been considerable lurry. is provided for by the charter But this document had boon put
POLICE COURT. in before the arbitrators, it had party, and the ship not being been included in the special caso, first-class risk would also involve
A Chinaman was charged Tues- ten off.. 10,000,00 our right to cancel the charter and they never thought that any
question was to be raised upon it. day morning before Mr. F. A.: * party.
Mr. Potter pointed out that, Hazeland with selling opium. Statione, Mr. Potter in reply said that if thors had been no arbitration what when the case was before the arAftor hearing the evidence his would have happened would have bitration court, he had cross- boon this: the other side would examined A. Bisschop load Worship imposed a fine of $250. have cancelled the charter party, agent of the Java-Ching-Japan
mont.
RUBBER.
Leaseholds Buildings (Inland
Crown and
Lots 1317, 1333,
· 1334, 1335, 1353
.
and R. B. Lots 80 and 80),
Por
725,00
Rolling Stock.... Offico Furnituro... Couls and Stores in
hand
A Chinose was given six his clients would have brought an Line) very fully on that document, months hard labour and six hours action for damages, and the other so that the other side could not
Inst Bide would base counterclaimed say they had been taken by sur-stocks for returning from banish-
priso. for damages for brunch of war-
Report....35,250.20 ranty. The special caso frod boon Continuing, Counsel said that For the larceny of an umbrolla Addaltera- tions, &c., drafted on their application. The his Lordship had before him the from the Tai Ping Theatre, a only point was whether that enfindings of the arbitrators, to the Chinamon got six weeks' impri- si nes effected... offorthatthe S.S.Victoriu, the vos-sonment und four hours' stocks, titled them to begin.
His Lordship-Are the findings orchianored to his clients by the of fact in your favour or in favour Olaf Wijk Co., was not a first of the other sido?
class risk in local insuranco offices. Mr. Pottor We say they Dealing with the time chartore anual report of the Ka- were in our favour, but I think Counsel said contemplated a the majority of the facts have succession of voyages to be undor-jang Rubber Estates statos that Sundry Debtors... been agreed upon. There were taken during the period of the the total nron hold is now 2,202 Cash in only four questions submitted to oharter. It had the effect simply acres, of which 9021-4 acros H.K. & the arbitrators but on a whole lot of a cliartor for a certain period have been planted or cleared. It S'hai of facts wo agread. We asked split up into a certain number of is proposed to increase the cul- Bank... 800,103.03 for a special case in order to voyages, cortain trading limits tivated area to 1,300 acres, and Cash & facilitate matters,
being excluded during tlat póriod. the remaining 25,000 shares are His Lordship-I think we had The description of a ship's chas boing issued, making the subs Orders better follow the procedure as it forms a very material part of acribed capital £75,000. The in hand 3,453.50 was before the arbitrators. contract.
estimated crop for the current Mr. Pettor Very well, my His Lordships that contost-year is 11,40016., gradually rising Lord.
to 284,836 lb, in 1915.
O'doros'
to
a
"When I had recovered from the largo pieco, which I had un- happily swallowed, (it burned like a red-hot cool all the way down, and was frightfully unuseating, I wont quietly into my room and from there into the kitchen. I land a hatchet in one hand and my revolver in the othor. I didn't waste words.
The family did everything they could to stop him, as the is not conference-lied, favouring constant reminders of immortality the Freights Bill which is aimed at were getting on their nerves. One
***Git,' I said, raising the hat- the Shipping Ring. In acknowl-night, he brought in a largo cake edging the memorial, Sir John covered with pink and white chot, and pointing the revolver Anderson assured thememorial-wing. Right in the centre, in and lo got!" ists that he would do his best to pink, wore the two initials J. G. scenro some permanent improve- mont in the existing conditions, Router.
AN ARBITRATION CASE SEQUEL.
"The limit had boon reached,
and John was sent for immediate-
ly
DEPARTURE OF MR.
J. W. HANSON,
John, this ins got to stop. Mr.J.W. Innson, Into Chiol De- You perhaps don't moun it, but tective Inspector of the Hongkong this is sacrilegious. It must Police, left this afternoon by the nover occur again."
s.s. Delta for the homeland for $450,000,00
John's face nover changed: good: Ho hus retired on a well- $300,000.00
'Mo no sacglious. Mo no mean enrnod ponsion, after thirty-five Tuesday afternoon in the Su-Josas Clist-lettors stand for years, servica. 20,000.00
preme Court, Sir Francis Piggott
Jally Clako."
At Blake Pior on Saturday 20,000.00 (Chief Justice) gave judgment as
"You may laugh atthe 'henthen the place was crowded with men. rogards costs in the matter of the
*** "said the Senator's of the Police force and the whole Chineo, arbitration caso between San-
brother, "But he has his good of the detective staff (European dor, Wieler and Co. and
points. Chinose enoks have one and Chinese) to bid Mr. Hanson the Wing On firm. The
Amongst them Wing On firm had moved the peculiarity: they never forget abou voyage."
rooipo; once show them a thing was Captain Lyons, Captain order against $3,014,48
32,819,32 Sander, Wieler and Co. for their and they will remember it for all Superintendent of Police. -35,833.80 WIL.coels and of the arbitration
"In Vancouver, where I have and incidental to the special lived for the last ten years, there case and the argument before the
are nothing but Chinese servants Court.
to be had for love or monoy. His Lordship hold that he ludThey toll, this story out there to no jurisdiction to order costs illustrate that a Chinaman proves
ho
4,028,70 10,074,83
$399,837.42.
Court for an
time.
originally and had no himself an apt pupil.
now.
BUDDHISM SPREADING!
IN EUROPE..
Buddhism made great stridos
in Europe last year. The mom bership of the Buddhist Society of
$200,000.00 | jurisdiction, apart from any "One of the Consuls thoro and Great Britain and Ireland is now other question, to order than his wife had a very fine Irish cook, counted by hundreds and branches As to the question of the Bridget, whom they trusted imluve been established in Liverpool costs of this motion he had been plicitly. She wont with them to und Edinburgh. Prof. Dhye Das puzzled, but after giving it his Vancouver.
Well, two years vids, the writer on Paliand Bhud- best consideration he had come to later, Bridget told them she was dist literature, is its president and the conclusion that in the peculiar going to get married, and they among the vice-presidents is the vircumstances of the case this must find another cook. It was Earl of Mexborough A Scottish 38,050.29 tion must come within the same easier said than done. Finally, convert to Buddhism who is now principle that it was un incident they came to the inevitable-a a monk in Burma is shortly com- of the reference and therefore he Chinoman. On his arrival the ing to England as first resident would make no order but leave Consul took him into the kitchen missionary. Great progress has it to be decided by the arbitrators and introduced him to Bridget, also been made by the German when they dealt with the costs
raying:
Buddhist Society, which has two
of the arbitration.. Any order Bridget will remain here a important press organs, in Leipzig which he might make might week to teach you. So do exactly and Broalan. Buddhist pro unduly influence the arbitratora
as Bridget doos.'
pagandists have been especially in coming to a decision on the "The Chink turned out to ben netive in Hungary, were five question of costs. generally, and a good cook, and the Coneal and editions of Subhadra Bhikku's normal order would allow im- his wife congratulated themselves Buddhistic Catechism liave been moliate taxation, which would
on their find. Three weeks after exhausted. For the first time not be right.
Bridget's departure the Consul in Europe an attempt has been 35,081.20
went into the kitchen to look for made there to get Buddhism 28,107.22
When a new Magistrate of a duster, which could not be officially recognised by the Stato, 653.60 Nam-hoi has received sents of found. When he looked in the so that it could be taught in the
offico, it is usual for him to notify closet he was surprised to see a schools. The plan was not sug 084.10 the various Consuls at Shamcon row of noat paper packages on the cessful owing to the opposition of: 1,243,73 with whom he line to come inakoli.,
the Roman Catholics. In Switzer= contact in things diplomatic. Ro- "Look here, Ling Sing, what land and Italy the number of cently Magistrate Chi of Nam-hoi are these things?”.
dherents of the ancient Oriental sant u letter to the French Con-Mo do like Blidget did.|faith is growing steadily, At sul, who not having been previous Twelve oggs come, me take six Luganoappears the Coenobium ly informed of the appointment oggs, tie in bag, put in closet. one of the most important Bud refused to noknowledge and com- Six pounds sugar como, me take dhist publications in Europe. Now municated with the Canton Vice three pounds, tie in bag put in Buddhistio colonies roy Magistrate Chi liat since aloset. T'on flour come, me take nounced, will shortl 03,817.10 resigned and the French Consul's four pounds, tie in bag, put in nour, Lausanna.
lotter has been handed to his closet. Blaterday night, little Italian #999,837, 42 successor.
ligirl come, me open closet, tako. "Indian Dail T
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