1919-03-13 — Page 10

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ARREST OF SHIPS.

A HONGKONG JUDGMENT,

His Lordship the Chief Justin Sir Willam Rees Davies, kota bes terday gave judgment in an inter esting shipping matter.

THE HONGKONG, TELEGRAPH.......... THURSDAY, MARCH 13. 1919.

arrest of the ship and her clearance is stopped, presumably until security is furnished on a elaina which may have been largely inflated, and the power, if exercised, is quite general and is available in case of British chips or ships in fact of any mati n ality,

It is therefore not surprising that the power is to be exercised walk A writ was issued against then the extreme urgency or of

fendant who is resilent in Share a

ter terre in connections with the as Castle "ell.

BILLIARDS.

STEVENSON LEADS

THE WAY.

A London sporting writer

NAV

COMMERCIAL NEWS.

INDUSTRIAL BOILER PLANTS.

Mr. H. S. Rowe, B.Sc. (Lond.) Billiards is riding buoyantly on Asso. M. Inst. CE read a paper one of the topmost waves of the recently before the members of incoming tide of sport. It was the Liverpool Engineering Society inevitable that the most fascinat-on "The Growth and Arranges

to its kingdom with the sheathing Mr. Rowe

- The acute

fof the sword, and English billiards

comes back to an enlarged estate shortage of fuel for firing and of as a result of the war

steel for now bailers Dow The dghting" forces of

our places the procuring al the Colonies and of America have greatest amount of steam per Suecumbed to the infinitely more

for damages for a breach in char filiar ciremnostances of the vase ling indoor pastime should return men of Industrial Boiler Plants.":

appear to, the Court so to require." It is also remarkable that the power of the Court to award compensation Anthoatie was main t

(summarily) in the case of a ship Cour: arrest and detain two arrested under such circumstances is other thins lobering to the defen limited to $10on, and it is further dant that came into the port of ing security in respect of the claim The onler was granted on the ex parte application and the defendant moved the Court to set aside the

Hongkong With the view of obtain. I provided such an award is to „bar varied pocket game as compared/Pound at fuel fire, and the

order.

in Chamber:**

the ordinary legal remedy for

damages.

steam output consistent with ordinary commercial condi-

with that of eternal cannons and maximum desirable weight of English billiards has, in con- steam per boiler used. in a The words "extreme urgenty of sequence, increased its popularity position of the highest national other peculiar circumstances" are world-wide.

importance, and in these digs junctive, and whereas it is easy Professionalism is as indispen- a demand for additional boilers to construe the Erst alternative itsable to billiants as it is to most

{1 justified unless The following judgment was given is more difficult to construe the other sports and pastimes, and cannot

secund. I agree with Mr. Pollock's the experts have a duty to per-existing boilers are working at This is a summons to set aside contention that urgency relates to form to the game in fashioning the greatest thermal efficiency the warrants for the arrest of two times, and I think it can only avail the ideal style for the novice to and ship, the ss. Tell and the 5.x. Way the plaintiff's contention in so farmpt to imitate.

The dramatic advent of young Lee. on the ground inter alia, as it may be urgent to secure his Gray from Australia several tions. With regard to boiler that section 376 of the €¬«l» of Civil ponly alleged peearity in respect 14 year- Attra the war. with plants it must be constantly Propelare does not apply to ona potable fature judzment.

undoubtedly skilfu! but barne in mind that, the steam action nought in personam ani Well then is the plaintifs en Lamentably ugly specialisation load ander industrial conditions that there was" seithas extremel

tortion well founded! I am clearly in ne stroke, tvd

is frequently 117! extremely crzeney nor her reculiar cireum

doplatan, Bratle that the magnitude babeful influence on billiards. It states to judife the warfants.

(of the slaim should not govern the led to other madrap devices for fluctuating one. Parrot a manu» I have already given a de isle Court in exercising its discretion tall scoring to the exclusion of facturing plant which has been chat beautiful rhythm of all round temporaryshnt down for repairs, that the language of Socrine 376 is

under the spation. It is zot a suffit erly genetal to apply to as peculiar circumstanse nor do I think play which John Roberts inherited removal of produce, renewal of

from his father and passed on to motion in perAALATTU It is, however, it can be regarded as a link in H. W. Stevensun-superlatively supplies of raw materials or other

elvar that "extreme" urgency" of phain of pecaliar circumstances. Sothom gecial circumstances”

cat

Again, there is na paenliar circum-

ex parte orilor,

a

his

finished.

Stevenson knows that

mest

reasons, may be suddenly started

other stroke specialist may come centage

any up and a very considerable per- increase of load along at any time to be tolerated by the authorities.

occur within Yer this is a

can

it

few minutes. complaints

The

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PATHE PRESENTS

GLADYS HULETTE and CRIGHTON HALE

A COMMISSIOF NEEDED.

only justify the making of the order states in the defendant who is to of arrest under that section and the ident in Shanghai entering into question which. I bare pow frontracts which were to be perform. double to whether the facts as led in Hongkong: or that he has no splendid opportunity for the kill- The solution Jezed in the affidavits inarified the alien personal property in Hong-ling of specialisation for all time. regarding supplies of steam by kors upon which a plaintiff can only the authorities only considering two of the mait

be usually found The aetion is brought for damazes ' reap the fruit of a judgment against promptly. for breach of a charter party in res

trouble --(1) Him. Further I am not, in my

I remember well a conversation causes I had with Harry Stevenson

efficient use of steam when pest of another vessel, and the pinion, instiled in considering in gmand relied on by the plaintiff relation to the construction of the during the third and last match generated (2) the adequacy of the in support of "extreme urgency or section. ie.. the extreme argent he lost to Gray "Why not, demand to be made upon it

of the championship series which boiler plant for the maximum other peculiar circumstances" may or other peculiar circumstance on asked.

Mr. A. H. Barker, B.A.. B.SC. he summarised at follows:-

have tried to beat Gray having due regard to sufficient (1.) That the ships are the holy the order of arrest made, whether lost the championship in the first The first is of extreme importanceres of reconstruction of society

which the application was based and at his own game?" (Het ad already spare plant and provision for writes as follows:-.

continuous economical working. } One of the most necessary feat- property in the Colons of a Chinese the non-detention, of the ships and two matches.) defendant resident in China who has the probability of their non-retura. With fine

Stevenson to-day, however much it may after the war should be reform of entered inte engagements here une they being tramp ships, would leare began: Let me tell you a story, have been neglected in the past, legal administration, too long ler charter parties on which he the plaintiff with his only remedy The first man to tell me the but its consideration is beyond denies liability.

in the Mixed Court in China. Can mantle of John Roberts would the purview of the present paper: delayed. (That the ships were leaving it be said that it is a peculiar cirfall upon me was John Roberts 40 for our purpose let it be Many complain that it is diff- the Colony immediately, and that, enmstance for a defendant resident himself. 'Young Stevenson, assumed that this point has been calt to secure fustice by the aid of

Comm

unlike ships running on a regular in one country to enter into con ese days before long you will sideration

observed the Wizard. one of satisfactorily met.

fendant is Chinese.

The con- the law except at a cost many .0¢ the Second then develops 1

times greater than the total

cases.

rou, there will be na likelihood tracts in another where he possibly beat me out of my place in the cause of their returning, and that there has no assets? Is it not incumbent billiards world, and I want to follows-(a) Although sufficient auiorat in dispute. Some eren would be no property within the on a plaintiff before entering into give you friendly and fatherly steam may be generated for all regard it as a toaster of chance jurisdiction to satisfy any jydyment such contracts to protect himself advice.

ordinary purposes yet following whether justice can be secured at which may be given against the against such contingencies?

"Never specialise in stroke additional demands it may in any cost. It is allege that defendant in the action.

The magnitude of the clair very drastic provision to a chain cf tempted to do so because you will of insufficient capacity to cope ance with legal technicalities I am, however, asked to apply a billiards. You will be strongly crease in cost more rapidly than some cases are decided not on output. (b) The plant may be grounds of justice, but in accord- (4.)-Plaintiffs are British and de circumstances which I have set out: probably be beaten by specialisa with the maximum load placed embodied in a chaotic tangle of

The contract none of which need have been un-tion. But if you will stick to of charter was arranged in Hong lorescen, or are I think in their your science and your spirit you upon it. a proviso which includes decisions arrived at in former kone. The ship under charter was nature "peculiar."

will retain your hold upon the the ability or otherwise of the `to be operated from here; the det That the power vested in the and that is all you need worry present demands for economical manifestly unjust and inco

affections of the billiards public, boilers to generate steam at suf

ciently high pressures to meet the These precedenta are After livery of the vessel and re-delivery Court under the section is intended about."

the termination of charter were to be exercised with caution is clear Harry Stevenson has struck to power generating plant. Where sistent with one another. Thus to be in Hongkong That breach from the fact that the Court may his science, has anfortunately boilers are fitted with merchan took place here and that the char- act of its own motion but only iflost his spirit, but bas fortunately cal stokers and coal elevating Jadges have frequently to decide' fer party provides it shall be go extreme urgency or other peculiar not lost the attentions of the real plants the general experience met cases on the basis of two or more Armed by British law."

circumstances require. I need only billiards public.

with seems to be that these addit-mutually contradictory prece. (a)The nature of the case is add that if the scope of the Ordia- During the last sitting of the ions do not promote so such the dents. Valy an expert lawyer such that if the ship or the security ane is intended to confer powers third match with Gray at the average thermal efficiency of com- can find his way out of such are released the sole security in so based on the geographical position Holborn Hall when he was hope-bustion over good hand firing confusion.

the Colony it is for the legislatarelessly behind Stevenson succumb where the rate of firing is above This system is worked in the·

of say 20th of coal per square foot temptation demonstrating to others and of grate area per hour, but they is to place a reasonable construcyself that he could glide in off have advantages in enabling a in Shanghai.

the red at will by making a break greater weight of fuel to be hand. Certain previous authorities on

I have not lost sight of the fact of over 500 at Gray's own parti-led by a given number of men at which the Court has acted on the that the entire Chapter of the Code cular game.

a given number of boilers, and section in question were also relied relating to attachment contains Stevenson is not too old to come SO to increase the possible on to which I shall refer later. powers of a drastic and perhaps ex-back. Indeed, he retains all his evaporation from any particular The question is whether these reptional character, but the pro- science, and is merely awaiting plant. With more than five or grounds or any of them constitute, visions in the previous sections are the move of the Intelligence Desix boilers labour extreme urgency or other peculiar specific and without ambiguity. The partment of the Billiards Office to mechanical stokers and conveyors circumstance within the meaning of section in question is not, and there say to the billiards player, be he compare favourably with hand with one case he expects the

is nothing to justify a construction professor or novice. Thou shalt There has not, in so far as I am of an ambiguity adversely to a de- not specialise."

Stevenson ended the break by aware, been any considered decision fendant, and the more so at the of this Court as to the construction outset of an action when the merits deliberately cutting the red ball into the middle pocket when still to be placed on these words. of the parties are not before the perfectly placed for continuing. 31r. Sharp suggested that the ser. Court. The onus is on the plaintiffs The spectators cheered loudly, tion WA framed to meet the to bring themselves within the secto Stevenson's annoyance. He "geographical position of Hongkong. tion.

far as this Court is concerned will

be removed, and the only alternative to say so. will be an action in the Mixed Court

the section.

The duty of the Court

tion on the law as it is.

led

the

costs with

firing, and the resultant saving and additional output justifies ex- penditure. A lesser number of boilers than six does not as a rule justify mechanical stokers.

interests of the legal profession rather than in that of litigants.

IN

"FOR

SA E'

A STRONG STORY OF TO DAY

18 5 PARTS.

THEATRE

HONGKONG.

A. D. C.

ROYAL

IN THE MUSICAL PLAY

PINKIE & THE FAIRIES '

FOR GROWN UPS AND CHILDREN

by W, Graham Robertson,

Music by Frederick Nortoa.

.

WITH FULL ORCHESTRA, CHORUS AND BALLES OVER 60 PERFORMERS

OALA PERFORMANCE. FRIDAY, March Tian, at 9.13 p.m.

The front teine, of which will be allocated to the HONGKONG WAR MEMORIAL FUND

Price:-Dress Cizela

ชุบ

Pi ad Gallery

4.11

$5.00

$3.00

12.00 a $1.00

ייי

Second Performancs Saturday March Mad, at 9.15 p.m. Thurd

Monday Today

15th WeĆINAJ.. Children ball price to Matias.

Fourth

fith

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BOOKING AT MOUTRIE'S on Friday next. 28th inst., at 9 a.m.

The procedure of the courts is

M. Y. SAN &

such as to produce a maximum of cost for the litigant and of fees for the lawyers employed. British legal procedure is the most ex- pensive in the world."

As soon as a judge has faished; parties to the next case to be on the spot, ready to proceed with- out an instant's delay. For the convenience of the Bench all the parties to the next few cases, and all the counsel, have to hang about the law courts at the cost never essayed it again, and al- HANKOW BANKING ENTERPRISE of the litigant, incurring fees to an isolated British port bordering The question of the form cannot ways regretted having done so on

the lawyers. An addition to the Banking on China, and to meet the case of in my opinion properly arise on the that occasion.

Counsel demand fees on most Establishments of Hankow is shipowners incurring large liabili. construction of the section. If ex

about to be made by the opening exorbitant scale before doing the ties here and removing their ships, treme urgency or peculiar circum- think hare found there were "pecul- of a Bank at an early date in work. They are allowed by "and leaving a Hongkong merchant stances justify the arrest it should iar circumstances." at any rate it is Panoff's Buildings, opposite to the custom to take more cases than with no remedy except in a Chinese be irrespective of the question of not analogous with the case before Russian Club, says the C. C. they can attend to. After receiv

form. To seize defendant's vessels De

Pust The Head Office is in ing their fees they often leave

Court.

*..

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The object of the section is neces so to provide an asset on which the In the other case (Action No. 7 of] Hongkong where it is registered their client in the lurch and he sarily a conjecture, but if the con- execution of this Court can issue 1918) the ex parte order was made as a Tised capital of half with on has no redress. It is generally JARDINE, MATHESON & CO., LTD, struction sought to be put upon it is I think beyond the contemplation by Gompertz J. The action was for authorised of a million far more disastrous for a poor

repairs effected to the steamship, sterling, and where the Bank has

i correct I must observe that it is of the section. most unfortunate that the legislature

parte order. The action was for the)

&

for

Or the general question of vende the subject of the arrest. And it been opened for a year. Hankow person to go to law to remedy a did not express its intention in I express no opinion at this stage.

was alleged that the abip was leav. is the first branch, but it is in-grave injustice than to be con- Language which may at any rate

tended to establish branches at all victed of a serious crime involving As to the two cases which were reing the Colody before payment had the ports and big cities in China, a heavy fine, give some indication of its meaning lied on by plaintiff as a precedent been made, the defendants having The shareholders of the Bank To remedy this state of things The powers conferred by the sec- the one was a case of a junk (Ac-no essets within the jurisdictionare mainly Chinese who are, or should be one of the first cares of tion are admittedly very drastiction 2081816) and I made the ex other than the ship itself.

have been abroad and some of Legislature. There is no resson They give, according to plaintifs'

Their are That case again is not analogous them Britishborn.

andus regard except contention, the right to arrest

object is to encourage and direct ship, as in the present case, passing delivery up of the junk and for with the case before me.

Whether ex parte orders which trade between native and foreign privileges of the legal profession in the course of its trade through damages for wrongful detention, and the Colony in an action on which it was alleged in the affidavits (e) were made in those cases were justi merchants and to remove the why its procedure should not the writ may only again, as in the that the junk had been stolen from fied I am not called upon to decide, reproach that China has as yet be radically reformed. A com- mission consisting solely of business men should be appointed present case, have just issued. The

without delay to consider how reforms can be carried out in the interests of the general public.

the anchorage

no native bank that does foreign at Honam and They were not challenged at the business. In the coming boom, case would not have been enquired brought to Yaumati typhoon shelter time, but they are distinguishable which all expect when peace has been restored in both Europe and ito. the defendant may have a per. and (b) that the defendant may take from the present case.

The order for arrest is set aside China, the new Bank will doubt Fortly good defence and yet the it out of the Colony to defeat the

[less do good business., Court is empowered to order the Plaintiff's claim The Court may I and the security released..

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