1911-07-07 — Page 12

254

SUPREME COURT..

A Question of Notice.

Lost Saturday at the Supremo

bags of Lam Tai mark flour.

Contruct.

Person

YAUMATI FERRY

COLLISION.

Last Saturday's Proceedings. The hearing of evidence in

A Grievance.

THE HONGKONG TELEGRAPH FRIDAY JULY 7–1911

A DISGRACE. As podestrians passed the Tramway's Terminus in Garden Road between 8 and 8.30 yester

and cast thoir oyos about or follow

It

"Plaintiff had to sell KWONGTUNG FISHING. the good, by contact to another

Concluding his opening, Mr.Tna "TeleoUAPH COURASPONDENT

Canton, June 30. D'Ainuke said that one of the

Kwongtung, being a maritime roasms why the contract, was

province, owes to a great extent its prosperity to fishery, and there Mr Kang Singh That is afro many persons engaged in this Recently the Chi- Mr. Kong Song for the lofeul-nesa shors have been tauch re- aritud that he would provo that / Virded in pursuing their vocation. Club (the short cut to Garden) the notice was not dolivarod till / Many of them have been severely Road) pass over this spot.

repulistesi wa faran -o the prie

ofu wet. Lown

mattor to CB

the 1st day of the elaveath mg and he woult call the man who brought it pnd took back the

dofondants reply.

Judgmont was rosorved.

STORY OF A TIGER.

•

Hunting Expedition at Lantao.

Member Interviewed.

is

The story of the tiger which doing such, damage to cattle, and to which we have recently called attention, is becoming generally

accepted.

orrupation.

fiued for fishing in foreign terri- forial waters by the Governments concerned, while, as a matter of fact, the innocent fishermen, never get out of the Chinose zone, and Kenerally fish not far out from Chinossa land.

territorial waters. His Excellency

Is the Sanitary Departmout not aware of this practice?

Are they moved by a spirit of economy?

.

Are they indifferent? Though they tolerate the prac- tice they surely do not clorse or sanction it.

THE LUKONG.

THE NEW SHIPPING CONVENTIONS. It is understood that

Article 2. If the collision is necidontal, if it is caused by force majouro, or if the cause of the collision is left in doubt, the damages aro borne by those

who have suffered them. This provision is applicable not withstanding the fact that the vessels, or any one of them, may be at anchor (or otherwise mado fast) at the time of the misually.

BORNEO COMMERCE.

COMMERCIAL.

Weekly Share Report.

Mesure. E. S. Kadoorio & Co.

of neod, they could be burnt down, It was suggested that this Quran-- tine Camp should bo fonced off with Barbed Wiro, to make itn.

Marine Insurances.

Unions

Quarantine Rogulations: Tho Government having agreed to the hokling of an enquiry into the of the territory, and the fixing of

the remuneration Medical Officers are to receive, if any, the Com mittoo agreed to appoint Dr. Con- ngham as Medical Expert, and Mr. Darby as Mercantile Repro-

Rubber Protection Proclama- sentative.

tion of liabilily attacking to a ship of a olaim for damages by, the underway which collides with one owners of a third vossol, or the at anchor; for, although that fact owners of her onrgo, against two. The following are some of the those may no longer be held to amount otherships both hold to blame for a points of interest in the minutes to prima facie evidence that the collision with the third vessel, but of Committee meeting, B.N.B. Court, before Mr. Justice Gom-the Yaumati Forry case in which/day morning they were groote! Courontions have already been collision was due to the fault of } that tho olaimants had a common | Chainber of Commerco, held re- As to the matter of inadequate pertz, the Shing Yuon firma suod Chan Loi, coxswain of the forreus u stonol which made them hali laid before the Parliament of the ship nuder way, and so throw law right of action against oither |

must be excoedingly strong oyi-7). This decision was followed Quarantine Dopot accommoda- thio Chin Kos firm for the sum launch Wai Hung, is charged with the dictates of their noses, till great Britain, and that, in all upon hor, unmediately, the onus ahip for the whole of the damages, cently: of $345.20 damages for breach manslaughter, was resumed guloy discovered the cause of the probability, to oxisting British of proving inevitable accident, it("The Avon and T. J." (1801) P.

The articlo under discussion Englishman and the Australia" their intention of providing of contrict for the sale of 2,000/tho Polico Tourt this mornin" vile-smell to bo a heap of garbage laws relating to collisions at sendence in favour of the other vessel. in the subsequent caso of "The tion, "the Government intimated

which is daily spread about at any rate between ships of

Quarantino Dopot accommodation boforo Mr. F. A. Hazeland.

for 200 people in all-at Bahalla; Yostorday Mr. Hazelaud decid-the road and thero sorted different nationalities will-in a was doubtless introduced in con-(1804) (P. 230).

the buildings would be temporary Mr. D'Alinaia appoared for ed the case was one for a jury by those whose duty it is few important respects, shortly be sequences of the tendency of late

and inexpensive, so that, in onso to gather the same. It is finally materially altered. It is thought to find both ships to blame for o the plaintiffs and Mr. Otto and evidence only was taken,

Mr. Roador Harris prosecuted loaded upon a garbage cart probablo that shipowners, and collision, whero euch has accused Kong Sing for the dolendants,

The case for the plaintiff and Mr. G. K. Hall Brutton in which it is ruled away the public generally, will be the other of fault, or where an to be again pawed over by the uel interested in considering orror of judgment hus bocu com was that they sold a cargo of defended."

Mr. Joffroy, P.W.D. architect, olioa in the hope of discovering the main differences between mitted by one regarding which two thousand bags of flour to the defoulants which were to gavo evidence to prove the plon some tit bit of too great a value to such oxisting laws, and those it is doubtful if it mounted arrive by ship and to be deli- of Yaumati and adjoining waters entirely lost. This practice which have been agreed upon to notul negligence. As the in their wookly share report dated properly isolated Depot. It was we roferred to at some longth in by the parties to the new Con- writer has previously said: "It Hongkong, June 30, stato that understood that infected cases vered during the 10th moon of which had been put in the case.

Cheung Ngan, coxswain of the these columns several months ago, vention. The several articles of is easy enough for a Nautical business during the period under would be isolated in the present last your. As a matter of fnet the steamer did not arrive in sunken forry, entered the witness hoping that reference thereto The Convention for the Unifi- Assessor, after calm and longthy review has boon on a fairly large Small-por Hospital at Baballo, port till Der. 1st, 11), or the box again this morning and was would have some little effect. Wocation of certain rulos of law with deliberation, to point out some scale, buyers generally prevailing, thus being kept absolutely Regarding the inadequate regret that our efforts were so respect to collisions" are there-act which might have boon and the feoling in the market isoparate and distinct. treat pay of the 10th, moon, niquestioned by 'Mr. Brutton.

Coolie Depot accommodation in. His evidence was in accordance fouble and unavailing This fore set out bolow, with notes performed by the navigator of a more confident than has been the SIX pani. Phinta imediately

Rubbor The quotation for Sandakun, the Government re- practice is a bad one and should added to each article which inship, the performance of which case for some time. gavn the meal notice at 9:30 with his story of yesterday.

Other evidence, purely formal, not be allowed to continuo.

any way materially alters the would probably have averted

the collision; and to suggest Fino Hard Para comes through cognised that the present Dopot pan, that play but defendantes said they did not reive the was lourd and the case was again should be borne in mind that it law.

an excellent method of sprend- Article 1. Where a collision that such navigator was to blame changed from lust wook at 1s. arrangements were very nuentis mauce tilt December 2nd, when | akjournód,

ing disenso. The Military Prison occurs between songoing vessels for not having performed that id. The share market is in con-factory, and proposed to erect & they wrote Pepliating the

or botwoon sea-going vesselsand act. But it is very possible that sequence stagnant and although Government Depot just outside the is separated from the sorting point, by a wall only, tho Volunteer hend- vessels of inland navigation, it would not have occurred to the London is always ready to deal, presont Custom House to accom the compensation duo for damame Nautical Assessor himself, buying quotations as a rule show modate 200 Coolies; this proposal a considerable marking down. is subject to the site being found the residence of the Chief Manager ges caused to the vessels, or to in a sinlden similar emergency,

Banke.--Hongkong and Shang- of suitable size... quarters are immediately opposite,

any things or persons on board that such an not was necessary or

kai. Banks have been largely dealt and that of the Sub-Manager of the

thereof, shall bo sottled in ac-dvisable.",

The introduction of this now in at $885, and close in demand cordance with the following Hongkong and Shanghai Bank are across the road, whilst all the

provisions, in whatever waters aw will emphasize the necessity at the figure, the London quotation

for the Court, and Nautical remaining unaltered at $87 10 working of the Quarantine Laws pass this sorting spot, those pedes The collision takes place...

songers to and from the Peak trians who use the pathway from

Assessor, to find that a collision National Banks (in liquidation) was accidental, when there exists are $80, Kennedy Road and the German

any doubt as to whether it could have been prevented by the ex-havo been dealt in to a small orcise of ordinary maritime skill,oxtent at $800 to $805 with although they may come to the farther buyers at the latter rato. conclusion that certain additional Cantons aro enquired for at $183 precautions (outside the usual with no sollers. North Chinas acceptation of the term "ordinary have changed hands at Tis, 158, tion: The Government having agreed to consider any reprosont- Fire Insurancos.-Tho denudations the Chamber might wish to care, caution and maritime skill") closing with further buyers., might have boon takon, and

for Hongkong Firos remains anske regarding this l'roclamation This grievance of the fishermen

possibly have proved offective.

2. The existing law, that is to steady and transactions have boon to Secretary was instructed to has been brought to the notice of

It has been laid down that the Ministry of Foreign Affairs,

when a vessel under staan runs say the present Admiralty Rule, reported at the advanced rate of suggest the alteration of Clause 4 which has wired now to the Can-

"On and after tho commence- down a ship at her moorings in when it is found that both of two $335, China Firos are wanted at to the following, viz. ton Viceroy requesting His Ex-

The phlegmatic disposition of broad daylight, that fact is by it- colliding ships woro in fault for $119 after transactions.

Shipping Hongkong, Cantonment of this Proclamation it shall' cellency to send a deputy to make the Chinese is worthy of emulation of prima facie evidence of fault; the collision, is that each has to an inquiry into the matter and to delimit the zones of Chiness terriby many of us who claimallegiance and she cannot escape liability for pay half the loss of the other, no nd Macao Steamboats have been not be lawful for any person, firmu torial waters from those of the nations called Western. Wo the consequences of her act, ex-matter whether one is totally dealt in at $30 1-2, at which more or company; unless duly licensed ean but admire the calm, placid cept by proving that a competent destroyed and the other only could probably be placed. Indosia that bohalf, to export from this international waters, by placing manner of the Chinese race, but seaman could not have averted or slightly damaged, nor whether the continue dull at $65. China and Stato or to transunit within the floating water marks on Chinose in matters which concern them mitigated the disaster by the exor degros of fault of the one was in- Manilas are wanted at $101-2. State for the purpose of export Javit S Saturday or represonta- is further requested to wire to the police, they in turn should, if eise of ordinary care and skill" finitoly loss than that of the other. Shells are quoted in London 90%. from this State any cultivated And it has been expressly provid-Old Star Forries at $25 and New rabber whatsoever, as a businous." they would shine ne guardians City of Peking 14 A. C. 40),

The Secretary was to further tive interviewed a member of the various custominuthorities asking of the peace, emulate the habits

So also whoro one vessel is at ed by the Judicaturo Act, int $151-2 remain unaltered.

Refineries. China Sugats are suggest the raising of the License shooting party which wont out them to give porinnnent protection of their superiors and bettors anchor at night, in a proper place, England, and by our local Or- yesterday to kill the tiger. Anto the fishing fraternity,

Alteration to Labour Proclama- in things appertaining to police with her light burning and visi-dinance No. 2 of 151 (Section quiet at $70 1-2 with no business Feo to $25.por annum. swering the scoptical question,

service. We heard yesterday blo, that fact makes it prima facie 12), that "In any causo or proposing and Lizons are dullat$22,

Mining-tubs continue neg: tion Re Estate Shops: An altern- "Have you shot the tiger?" our

morning a policeman's whistle evidence that another ship, under cooding for damages arising out informant assured us that the des troyer of the cattle was a tiger. The Stranding of the SS. Hugo, vociferously blown many times in way, which collides with the vos-of a collision between two ships, if eeted at $2 and there is a small ton in the Labour Proclamation To is no doubt about it." Tho Miten Bishi salvago bont rapid succession, which meant at anchor, is in fault for the colli- both ships are found to have been enquiry for Chinese Engineering to prevent Managers, Assistants in fault, the rules in force iu and Minings at Tls. 13, Tronohr Ovorneora profiting from Estate he continued. "Thore are ovid-Dura-muru, which wont to the there was no response,though there sinn (The Indus 12 P. D. 46).

The law as it stands at present, the Court in its AdmiraltyMies have again advanced, the Koduis wherever situated having oncies on every hand. Some of assistance of the British stoamer was loitering on the opposito-side

Shanghai Tangkuts during the the Secretary was instructed to the cattle show... actly the St. Hugo, which recently stranded of the street a Chinese policeman, therefore, is that, unless it can be jurisdiction, so far as they are landon quotation being 963. In been submitted to the Chamber, marks of claws and of teeth. The off Tanegashima near Kagoshima, No. 176, who paid not the slightest proved that a collision between at varianco with the rules week have ranged between Tis toply that she committee had no

AB ship under way, and one at fores in the Court in its common natives will not believe anything Japan, roturned to Nagasaki on attention to the summons,

tho Notification would not affect else, and we saw yesterday traces the 13th ultimo, bringing the Indian constable, No. 524, finally anchor, was caused by inevitable law jurisdiction, shall prevail." 95 and Ta, 98, closing with alteration to suggest-providing

Both that Act and Ordinance buyers at 'T'ls, 97.

Docks, Wharves and Godowns. very small Estates or cases where of the striped gentleman." Still captain and 31 other nienbers of hrrived on the scene and took in accident, the former will almost unconvinced, wo inquired how the the crew. Tho chief officer in charge the small Chinese boy who invariably be held solely to blamo. provide that, in all matters not animal managed to get on the remaining at Tanegashima. Ac was being held by a larger Indian By inevitable accident is meant particularly mentioned in certain Hongkong and Kowloon Wharmall gangs of Coolies were work- cording to reports received in boy, the blower of the whistle, that which a party charged seotions, of which the above quotes, after business at $50, are in ing-where the Coolies could not "Swimming alone would - Nagasaki, thero is no hope of the Chinese boy crying lustily the with an offence could not possibly od section is one, where, there is request. Hongkong and Wham- procure their food and necessities prevent by the exorcise of ordi- any conflict or variance between po Docks are unaltered from last from any shop, and the Manage- count for that," continued the raffonting the vessel. Sho lies on Tho Chinese luktong sauntered member of the party," and you a roof of rocks on the eastern

skill" (The Marpesia L. R. 4. O. P. of common law with reference to from Shanghai in Shanghai Docks vision for their employees.

nt Tls. 60 and Hongkow Wlurves must admit it is feasible for an shore of the island, exposed to the over and circled the crowl that care, caution, and maritime the rules of equity and the rules week at $55. Sales are reported ment were compelled to mako pro-

are on offer at the reduced rate of animal of the strength of a tiger woll of the Pacific and with no had gathered, smiling now and 212). A collision which has been the same matter, the rules" of

Tls. 82 1-2. to swim the short distancos." shelter from storm. The Mitsuagain, faintly only, us he took caused by negligent navigation equity shall prevail.

Whether the existing Rule can fands, Hotels and Buildinga.-| He would not accept the theory Bishi Company's salvage steamer but little interest in the proceed- cannot be termed to be an Inovit-

Hongkong Lands are firmer, "elos- that wild dogs were responsible. Oura Maru, with Lloyds' Surveyor ings. What the real trouble was able accident, although it may be be considered to be equitable is

oxtremely doubtful. In fact, asing with buyers at $95 after "Wild dogs," he said, "could not and a representative of Lloyds' we know not. The Indian took said to be an accident.

By article 2 of the Con-Lord Blackburn said in the case inflict such injuries, which are agents on board arrived at the the small, terrified urchin off to

Kowloon Lands remnin, in roquest terrible."

scono on the 10th ultimo, and the Station whilst the lukong, bovention it is provided that of "Stoomyart &c., v. P. & O. Cc.ransactions.at $04 1-2 and $95.

at $25 and West Points couli!' The Admiralty, considering Wo wore told the party number-after an inspection of the damage, took himself lazily with laconicif the collision is accidental, if it 7 A.C. at p. 819 "This rule has judicium ed 80. The pertinent query it was decided to attempt to pump mien, back to his beat on the is caused by force majeure, or if been stigmatised as "followed: "Why didn't so many the water out of the engine-room. "pposite side of the street, to the cause of collision is left in rusticoruin" and is justified on probably be obtained at $47 1-2 that China's lack of naval experts kill the tiger?" The answer was Only the stern of the salvage muse himself as best he could, doubt, the damages are borne by the ground of general expodi-longkong Hotels have been the considerably, handicaps or in If we could only pump a little those who suffered them"; and ency, avoiding interminable liti-medium of a fair business at $120 the reorganization of her navy, that the sun ivas powerful so thint steamor could be got alongside, tointo these fellows, the lukongs, this notwithstanding that one of gation at the cost of, some in. for. the (Old) and $75 for the his telegraphed to the Canton Viceroy, that although it is some- it was impossible to go on. The and it was found impossible to

Cotton Mills-The activity in thing like a decade since the rugged nature of Lantao was also clear the engine-room of water, a what a blessing it would be for the vessels may be at anchor at evitable injusties in particular (New).

cases," And, in the same case, against them. Some of the men course which was necessary in us and how grateful would be our the time of the disaster.

Now, there would appear to be Lord Selborne L.O. said: "Inongkong Cottons has died down Naval College was established in made the mistake of wearing only order to pump the water from the worthy Captain Superintendent,

far, failed in attaining the success straw hats. No wonder one was holes. The officers and crew, to the individual who could sug a very great difference between an most cases the argument from for the time being and the quota-Canton, the institution has, so Miscellaneous.-There is a which has, for long,, boen anti-' with the exception of the chief get the drug and the inocula-nccidental collision and one caus-abstract justice and "equity is tion is now nominally $5.1-2.

od by inevitable accident. Tho (in re dubiu) of great importance, "We shall have him yet," the officer, procooded to Nagasaki by ting instrument,

wordaccident has been defin- but here it seems to me that Bull demand for Groan Ish nd cipated, in turning out students gentleman concluded, and we the Oura Maru; with the excep

ed to mean "a fortuitous and un- there is little, if any, room for Cements at $3.20 and for Pro- capable of handling China's shall not forget to lot all see that tion of a Japoneso all are

The Admiralty asks the Cantón · "which that argument. That liability de-vidents at $7.15. Humphrey's Navy. expected circumstanco our theory is right,'

Europeans, and will probably be sent home at the first opportunity.

may be brought about by noglig-pends upon a rule of the Ad- Estates at $0.1-2, Hongkong Run Into by Launch "Tow." onco (The Torbryan (1903) P. 35).miralty Jurisdiction which to Ropos at $18, Dairy Farms at Viceroy to effect general improve- Tho St. Hugo had no cargo

A collision which is caused by myself has always socmed arbi- $21.1-2 and Electrics at $21.1-2 month in the management of the liave been the medium of a small Naval Academy, and at the sumo on board when wrecked; she was proceeding to Miike to load coal Lying on one of the slips at negligent navigation, and which trary."

The rule not only affects the business. Hongkong Ices are on time, advises His Excellency to for Singapore. The night preced- the Taikoo Dooks in Quarry Bay has not been wilfully brought [T'as “TELEGRAPH” Conneroring tho accident the weather was is the Governor's yacht "Stauloy." about, is an "accidental collision," owners of the ships in collision, offer at $180. China Borneon are see his way to foster the shipping bad, and the vossol got out of her Our inquiries for the reason of the for it cannot be otherwise than a but also the innocent owners of in some request ut $9.1-4, and trade in the province, by way of Canton, June 30,

Exchange. The Bank's draw-wealth into foreign countries. steam tooder being cradled in the fortuitous and unexpected circum cargo in such ships. At common William Powells are wanted at$3. checking the exodus of China's In view of the anarchiam pro- Disappearance of Ship's Officer. dooks have elicited the information stance. It is difficult, however, law such owners could recover vailing in Kwongtung and of the The C. M. steamer Kiangteen, that she is there for the purpose of ta imagine that the framers of the the whole of their loss from the ing rate on London is 1s, 9,9-10d. The Admiralty further signifies

Shanghai is 74.3-4.

cantile marine to the navy in foreign aggression on China the Captain Gillespie, arrived at undergoing certain repairs. Late article intended the words to boar owners of either of the ships in demand and the T. T. Rate on the great importance of the mor- time of war, when it can he Board of Army has telographed to Shanghai on the 22nd inst. from on Thursday evening at whilst this mooning; indeed the next fault, but it has been recently

utilized as transports and scouts, the Canton Viceroy, requesting Ningpo and reports the disap- the "Staniqy" was at her buoy off article provides that "if the colli-held in the House of Lords, in His Excellency to hurry on tho poarance of the third officer, Mr. the Harbour Office westward she sign is caused by one of the the case of the "Drumlanrig'

Liquors Ordinance." forming of the Canton recruits J. B. Hudson, who was on duty on was run into, according to report, vossols, liability to make good (1911) A.C. 10, that, whore two

It is notified in the "Gazette" into a division for the protection the night of the 20th inst., whon by a launch belonging to the the damages attaches to the one ships are in fault for a collision, uffaire, to the neighbouring coun of Kwangtung › against internal he left the bridge about midnight Sugar Refining Co. Tho force of which has committed the fault." the owners of cargo on one ship tries, lins been graated to Lieut. trouble and external invasion, and to make his usual rounds of the the impact caused the storn post. It would, therefore, seem that the are only entitled, in accordance L. Spencer, 8th Rajputs, from 6th that His Majesty the King has not 'scaidental collision "with the Admiralty Rule, to re- July to 3rd September. Leave of boon advised to exercise his power inquiring as to whether the train-ship to see that all was in order. of the Stanley" to be twisted; words ing of the Canton recruits is pro- Since that time nothing lins boon she sustained besides some minor should be construed as meaning cover against the owners of the absence, on private affairs, to the of disallowance with respect to granted to Lieut. N, J. Williams, an Ordinance to consolidate and grossing rapidly, as the Army seen or heard of him. As soon as damage at the Lows. In order a collision caused by inevitable other slip one half of the demage neighbouring countries, has been Ordinance No. 9 of 1011, entitled Board intends to dispatch on he was missed a search was made to make good the damage she is accident." If this be so the pre- they have sustained.

The rule has, however, been A.S.C., from 4th July to 25th amend the law relating to Intoxi-

oating Liquors. official down to inspect the of the ship but no trace of the now in the hands of the repairing sent law will practically remain trength of the recruita.

missing man could be found. I gård staff at Quarry Bay, unaltered as regarde the presump, held not to apply to the came August,

island.

touched by the sun.

1

CANTON RECRUITS.

Protective Force

course.

LOG BOOK:

whilo.

THE " “STANLEY”

DAMAGED.

T

11

''ן

Leave of Absence. Privilege loave, on private

CHINA'S NAVY.

Canton Naval College-

!"THE"'TELEGRAPH " CORRESPONDENT [

Canton, June 30.