September 18, 1895.]
Court; at present there is sufficient to pay 50 per cent. or more of the debts.
His Lordship I must adjourn to see what the Chief Justice did say, because as far as I am concerned writs of foreign attachments have been issued without any garnishee being stated. Mr. Gedge-But the garnishees are stated. Mr. Mounsey-They are not in the advertine ment in the paper.
His Lordship looked at the writs and said- Yes, here are the names of the garnishees.
Mr. Mounsey said he had not seen the writs; he had looked only at the advertisement in the Government Gazette, and he understood that the ad ortisement must be a copy of the writ.
Mr. Gedge said that,, according to the Code, only "notice of the issue of the writ shall be inserted.". In regard to the other objection his reply was a quotation from the Partnership Or- dinance Any person carrying on business within the jurisdiction in a name or style other than his own name may be sued in such name or style as if it was his own name." That was as clear as possible,
His Lordship-I think that applies to your case; it is a most difficult Ordinance to under- stand I overrule the objections.
Mr. Mounsey thereupon said he would admit judgment for the plaintiffs in all the suits,
His Lordship gave judgment for plaintiffs.
14th September.
CHOO FOO LAU V. W. D. LEIGHTON. -JUDGMENT.
In this case plaintiff sought to recover $990.25, the value of 642 bags of sugar shipped for delivery in Hongkong, and of which he could not obtain delivery from the defendant, who is the master of the steamship Bonnington. Mr. Ewens appeared for the plaintiff, and Mr. Hastings for the defendant.
His Lordship, in delivering judgment, said In this case the plaintiff is a firm carrying on business in this colony, and defendant is master of the steamship Bonnington. The claim of the plaintiff is for the value of 642 bags of sugar or delivery of the same, and the question for the Court to decide is whether the master of the steamer is liable for that short delivery or non-delivery as the case may be. The sugar in question was shipped at Samarang, and there can be no doubt on the evidence that a considerable quantity of the bags of sugar were in a very bad condition, and that therefore, either during the actual process of slinging them in, or after they had been stored in the hold, a good deal of the loose sugar escaped, and, as is the case with cargo of this nature, there was a great deal of drainage.The sugar arrived in Hongkong, and according to the plaintiff's story, he in due time went and took delivery of as much as he could get. His statement is that he never re- ceived a certain portion, that there were 612 bags short, and that he, his agents, or the men employed by him, were prevented from taking off the ship a certain quantity of molasses-the drainage spoken of-in consequence of the ac- tion of the master and officers, who, according to the plaintiff's version, turned the men off; therefore the plaintiff's caso is that he never received the full consignment, and that he was actually prevented from taking out the molasses owing to the sudden departure of the steamer. The evidence for the defence, which principally consists of the evidence taken de bene essc of the master and two officers, tells a different story. They practically set up three defences. The first is there was undue delay on the part of the plaintiff in taking delivery of the cargo; secondly, the plaintiff, although bound to do so, refused to take delivery of anything but whole and sound bags; thirdly, the plaintiff volun- tarily, and of his own free will, left the ship some considerable time before she weighed anchor, and never asked for her to be delayed, and therefore gave up all claim to any of the molasses. With regard to these three objections to the plaintiff's claim, the first was that there was undue delay. A gentleman was called from Messrs. Arnhold, Karborg's firm, who were the agents at that time, who stated that he had given instructions to their compradore to send a messenger or message to the plaintiff firm to hurry them up with their lighters to take away the cargo. There is no evidence before the Court that the message ever reached the plain-
CHINA OVERLAND TRADE REPORT.
If
I
tiff. The defendant said there was no delay on his part, inasmuch as the plaintiff's sugar was at the bottom of the hold, and therefore the plaintiff had to wait until the top sugar was taken away before he could get his own. there was a delay I consider it was such a slight one that it would not deprive the plaintiff of his claim to recover. With reference to the second defence the statement is that the plaintiff refused to take anything but sound bags, and that when he had taken delivery of the sound bags he asked the mate or captain-I for- get which-Where is the balance of our consignment?" and plaintiff was told by one of the officers, who pointed to the molasses in the hold and said, "That is the balance; you can take it," and plaintiff refused to take it. On the other hand the plaintiff states that he thoroughly admits that, under the clause in the bill of lading to the effect that the ship was not liable for broken bags, he was liable to take the broken bags in the bottom of the hold, and as a matter of fact he did take these bags, and he denies the statement that he refused to accept a tender which was made to him. hold he was liable under that clause in the bill of lading to take anything that was tendered to him as against the balance of the delivery of sugar. I may mention that although the cap: tain and officers swore that the plaintiff refused to take any broken bags, yet when pressed they afterwards admitted he took a small number. think this is a point in favour of the plaintiff. With regard to the statement that the plaintiff and his agents were not turned off, the plaintiff says they were actually turned off. Well, apart from that, the captain and the third officer said that the men voluntarily struck or left work and got into their lighters and cleared the ship's side an hour before the anchor was weighed. Unfortunately for the defendant the man who was concerned in weighing anchor admitted that during the time he was weighing the first anchor the plaintiff and his men were at work on the molasses in the hold, so that I am perfectly certain on the evidence that up to the last these were at work, and whether they were actually turned over the side or whether they left the ship in order to prevent their being taken away in her, I cannot consider that their leaving work was voluntary in any way what ever. The captain states that when he left he took away molasses and loose sugar in the hold to the extent of $1,000 in value." If he did so he did very wrongs because, according to the evidence of Mr. Dodwell, who was called for the defence, there was no necessity to hasten away, and as far as the agents were concerned the captain might have remained here a fortnight. Looking at the evidence as a whole I am bound to come to the conclusion that the evidence of the plaintiff is far more worthy of credence than the evidence for the defence, and that although the captain could not have given full delivery of the sugar he never made legal tender of the loose sugar and molasses and the broken bags and remnants of bags which contained sugar. Under these circumstances there will be judg- ment for the plaintiff with costs.
men
THE “BELGIC.”
Mr. Van Buren, the agent of the O. & 0. Company, kindly informs us that he has re- ceived the following telegram from Yokohama:
Belgic lies broadside on sandy beach. Her hull remains uninjured. If the weather re- mains favourable steamer can be got afloat again."
HONGKONG
RIFLETION
Twelve members competed for the Long Range Cup last Saturday The Cup was won by Cr.-Sergt. Hopkins, R.B., and the Spoons by Mr. Stewart and Pte. Gigg, R.B. The follow- ing are the best scores :-
700 800 Handi- To- yds. yds. cap. tal.. Cr. Sergt. Hopkins. 46 38
.84 W. Stewart..
30 38. 12 .80 Pte. Gigg, R.B.. 33 28 16. .77 Sergt. Shearing. 39 36
.75 W. Deas
14 20. .73 G. White
31 18.1 .72
8883
39
THE NAVY LEAGUE.
215
The first meeting of the Hongkong branch of the Navy League was held on Thursday afternoon at the Chamber of Commerce. Mr. T. Jackson was elected to the chair, and amongst those present were Hon. A. McConachie, Hon. Com- mander W. C. H. Hastings, Captain G. C. Anderson, Captain Tillett, Captain Palmer, Messrs. G. B. Dodwell, J. J. Francis, Q.C.,, G. C. Cox, F. Henderson, J. McCallum, J. Y. V. Vernon, C. Mooney, R. Shewan, F. Dodwell, R. Cooke, M. A. A. de Souza, W. Danby A. M. Marshall, A. Coxon, and E. W. Mitchell, Secretary pro tem.
The CHAIRMAN said the object of the meet- ing was to inform the members what progres■ had been made since the notice had been sent out asking the British community to join the Navy League, and afterwards to appoint a Com- mittee, which could appoint the President and Secretary. He thereupon asked the Secretary pro tem to read the names of the members.
Mr. MITCHELL read fifty-four names of gentlemen who had joined the Leagne, and said that the incidental expenses up to the present amounted to 365.85; no subscriptions had yet been collected, but they would be collected after the Committee was formed.
The CHAIRMAN said they had now to elect a Committee, and he had thought it advisable to get together names of gentlemen connected with shipping. Without wishing to influence members in any way he would read several names that had occurred to him. The names were as follows-Captain Hastings-
Mr. FRANCIS-No Government officials. The CHAIRMAN-I am not so sure about that. At all events it is for the meeting to decide.
Mr. FRANCIS-Is he here?
The CHAIRMAN Yes. The names are Cap- tain Hastings, Mr. Cooke, Mr. Osborne, Mr. Woolley, Mr. Marshall, Captain Tillett, Mr. Ross, Mr. Francis, Mr. Gershom Stewart, and Mr. Mitchell. The right and proper way is to elect the Committee by ballot, and I proposs we proceed with it. I suggest that the Com- mittee shall consist of not more than ten members.
Mr. DANBY asked whether British subjects. in Canton could be members of the Hongkong
Committee.
Mr. MITCHELL said there were no members resident in Canton.`
The CHAIRMAN did not think it would be convenient for meetings if Canton residents were on the Committee.
Hon. A. MCCONACHIE proposed that the gentlemen whose names had been read out be elected without a ballot.
Mr. MCCALLUM was in favour of a ballot, and a ballot was accordingly taken.
The CHAIRMAN announced that Mr. Woolley had not yet joined the League and therefore could not be elected on the committee
Captain PALMER-In case any members of··· the League are shifted from Hongkong to a Chinese port where there is a branch, do they have to become members of that League and pay another subscription P
The CHAIRMAN-No, should think not. Capt. PALMER-Are the branches affiliated ? The CHAIRMAN-I should think they would be affiliated.
The following gentlemen were elected on the Committee-Captain Hastings, Mr. Osborne, Mr. Mitchell, Mr. Francis, Mr. Shewan, Mr. Cooke, Captain Tillett, Mr. Marshall, Mr. Coxon, and Mr. Gershom Stewart.
Mr. G. B. DODWELL was elected, but he asked for his name to be struck out as he had so many things to attend to. Mr. Gershom Stewart was thereupon elected in his place.
This was the whole of the business and the Committee then met to discuss one or two small matters.
A telegram from Raub, dated 2nd September, states:** Rough clean-up of battery yielded 1,050 oz. amalgam, the estimated quantity of stone crushed-being 870 tons, Prospects re- main unchanged." At the usual ratio the amalgam will yield-about 350 ounces of gold from 870 tons of stone. The previous clean-up yielded 1,550 oz. amalgam from 1,150 tons of stone.
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