January, 18, 1902.]
THE DAIRY FARM CO., LD.
An extraordinary general meeting of this Company was held in the office, 2, Albert Road, at four o'clock on Friday afternoon, for the purpose of confirming the resolution passed at the meeting held on the 18th ult. ~ Captain Tillett (chairman) presided, and there were also present Messrs. F. Maitland (director), J. Walker (manager), J. M. Machado, Ling Wong, and R. P. Moffitt (secretary).
The notice convening the meeting having been read by the SECRETARY,
The CHAIRMAN, before putting the resolu- tion to the vote, said he should be pleased to answer any questions.
No questions were asked, and the resolution was read. It was as follows:-"That the figures in Article No. 10, Clause 15, of the Articles of Association of the Company, be altered to read $1,500 (Fifteen hundred do.lars)."
Mr. MACHADO moved that the resolution he confirmed, and the motion, which was seconded by Mr. WALKER, was carried unanimously.
The CHAIRMAN-That is all the business before the meeting, gentlemen. Thank you for your attendance,
CHINA PROVIDENT LOAN AND
MORTGAGE CO., LIMITED.
The following is the report for presentation to the shareholders at the fifth ordinary general meeting to be held at the office of the General Managers on Wednesday, 15th January, at 12
o'clock noon --
The gross earnings for the past year amount to $87,941.32 and after deducting all expenses, remuneration to General Managers, Consulting Committee's and Auditors' fees, there remains a balance of $70,045.58, which it is recommended be appropriated as follows, viz:— To place to reserve fund... To pay a dividend of 8 per cent. To carry forward to the credit of
next year's account
+
CONSULTING COMMITTEE.
$10,000.00 57,760.00
2,285.58
Owing to Mr. Lewis having left the Colony Mr. H. P. White was invited to join the Com. mittée. In accordance with the Articles of Association, Messrs. J. S. Van Buren, Chow Hing Kee, Chau Tang Shang and H. P. White relire, but offer themselves for re-election.
AUDITORS.
The accounts have been audited by Messrs. F. Henderson and W. H. Potts, who are recom- mended for re-election.
SHEWAN, TOMES, & Co., General Managers. Hongkong, 7th January, 1902.
PROFIT AND LOSS.
Charges
Consulting Committee's fees
Auditors' fee.
Depreciation for 1901
Balance
C.
$ 5,571.30
CHINA OVERLAND TRADE REPORT.
SUPREME COURT.
Friday, 10th January. IN SUMMARY JURISDICTION. BEFORE HIS HONOUR T. SERCOMBE SMITH (ACTING PUIsne Judge).
KWOK KAM CHUN v. COMPAGNIE DES
MESSAGERIES MARITIMES.
In this case the plaintiff as owner of the fishing junk Cheung Kam Lee, license number 543, claims from the defendants as owners of the steamship Indus the sum of $1,457.64 damages alleged to base been caused to the said junk by a collision which OC- curred between the steamship Indus and the junk off Ilong Hai Bay in the China Sea on Sunday, 22nd September, 1991. The plain tiff in order to bring the claim within the jurisdiction of the Summary Court waived $457.64 of the amount of his claim, thereby reducing it to $1,000. He also claims damages.
Mr. Morgan Phillips, barris' er-at-law, appear- ed for the plaintiff, instructed by Mr. John Hays of Messrs. Johnson, Stokes & Master, solicitors; and defendants were represented by Mr. John Hastings, solicitor.
The pleadings were put in and held as read. The defendants in their answers denied ail knowledge of the collision, and stated further that the Indus left Shanghai on 19th September last and arrived in Hongkong at 8 a.m, on the 22nd, not having been in collision with the They plaintiff's or any other Chinese boats. entirely) denied plaintiff's allegation that the Indus collided with the plaintiff's junk as alleged.
27
plaintiff came over from Kowloon and at once instructed his lawyers. He subsequently went to the Harbour and there saw the steamship Indus which had arrived on the morning before at 8 o'clock. He went round her in a sampan and would tell the Court that he S&W marks оп
white her bows, the paint having been very much scratched and removed, giving indications to him that she had been in collision with something. Captain Douglas, marine surveyor, would be called to give evidence. He had an experience of 16 or 17 years upon this coast as master and officer of steamships. He know the southern coast inti- mately, having sailed backwards and forwards some 500 times; and he had heard the statements
of the crew and had come to the conclusion, from the strength of the wind and the course they were sailing, that they were in the position which had been indicated to his Lordship. (The position referred to had been marked on a chart and handed up to the Bench). That was some 60 miles from Hongkong. Captain Donglas knew the French mail steamers well and would tell the Court that during the south-west monsoon, which was prevailing at that time, September, the French steamer's nearly always kept a course inside Pedro Blanco. He would also state that these French steamers were the only steamers in this part of the world with white hulls and two black funnels, and that as the Indus arrived here at 8 o'clock on the morning of the 22nd, she would, at her normal pace of something like 13 knots, have been just the people on the in the place which the plaintiffs stated that the collision occurred. Of course, jank did not see the name of the steamer, and being Chinese, would not have known it even if they had. But they all said she had a white hall and two black funnels. One witness would speak to the shape of her bows, which were peculiarly straight. So that, it seemed to him, there was the strongest substantial evidence that it was this steamer Indus which came into collision with the junk. The plaintiff held that the collision was caused by the negligence of the Indus; she did not keep out of the way of the junk. She did not stop her engines or slacken her speed when approaching the junk. He should have stated that the junk had the usual light exhibited by fishing junks-a bright light suspended from a pole about six feet above the stern; and the Court would be told that that light was seen, by those who had charge of the junk, to be burning brightly just before the collision hap. pened. It seemed to him that if those witnesses gave their evidence according to the instruc- tions which he had received, coupled with the evidence of Captain Douglas, there was the strongest circumstantial evidence that the ship which caused the damage was the Indus; would ask his Lordship to say that she was to blame and was liable to the plaintiff in the amount of damages which was claimed.
Evidence was then led.
and he
Mr. Moryan Phillips, in opening the case, stated that the claim was for damages to pain tiff's junk cansed by a collision with the defend. ants, steamship Indus on the morning of 22nd September last. The plaintiff was the owner of at least two fishing junks, belonging to the port of Hongkong, which usually lay at Taikokteni when not on the fishing ground. On the night of 1st September last his two fishing junks, the Cheung Kam Lee the one subsequently injar- ed-and her consort, the Cheung Lee Chan left the inlet at Tai Sami, which is about 75 miles slong the coast in an easterly direction. This is the headquarters of the fishing grounds which lie about the small island of Pedro Blanco. The weather was fine. There was a light easterly breeze and a calm sea and they sailed in a sou- therly direction towards the island of Pedro Blanco. At about 3-30. in the morning of the 22nd somewhere between that and fo'clock the helmsman of the junk Cheung Kam Lee saw approaching the white masthead light of a steamer. He called the attention of the other members of the crew to the light which was approaching them. It was a steam- ship coming from an easterly direction and going to Hongkong. His (Mr. Phillips's) instructions were. and he thought the evidence 4,000.00 would bear it out, that at this time the junk
200.00
from- was somewhere near-a few miles away 250.00 the island of Pedro Blanco and inside that 70,045.58 island somewhat, on the coast side, probably a little to the westward of it. The people on $80,066.89
the junk first saw the white light of the steamer and afterwards the green light. Attention was 672.61 called to it, but it was thought the steamship would avoid them, seeing that the junk was on However, the port tack and kept to her course, the steamer did not attempt to avoid them, but violent came straight on and there $80,066.88 collision. The steamship ran into the junk's port side and completely cut off the bow, some- where near the foremast. The severed part
the other
held sank. Fortunately
part Capital 12,200 shares at $20 ($10 paid-up)... 722,000.00 Reserve fund
35,000.00 13,600.00 sound in some way: there was a water-tight 6,602.00 compartment, he thought; so no lives were lost. 3 397.07 The people on the junk called out to those on
Cross-examined-When he came on deck as 70,045.58 the steamer for assistance; the steamer did not
stop, however, but went on her way to Hongkong. described it was dark, but there were some stars. $850,6-11.65
'There were three or four members of the crew There were some clouds but no rain then or
$
and the master asleep below at the time. Just thereon. After the collision he went into the It was main-hold and looked at the clock. before the collision occurred the master was
When he came on deck the bows of aronsed and came on deck. Witnesses on the then 3.30. junk and witnesses on the consort junk, which the steamer were right over the top of them. She dashed into them and went straight on was quite near her at the time, would tell the
without slackening her speed. As a result of Court that the steamship which came into 750.00 collision with them was a large mail steamer the collision the foremast fell. He did not ran 4,139.53 with a white hull, two black funnels, and, he aft when he saw the collision about to take Hongkong & Shanghai Banking Corporation 27,136.73 believed, two masts. The damaged jonk was place; he remained on the main batch. Cash.
1,395.51 towed by her consort, the other junk, to Hong-look-out man ran aft.
After further evidence, the
evidence, kong and arrived here on the morning of 23rd. September. As soon as they arrived here, the adjourned.
Balance
Interest on mortgages, loans, &c. $87,941,32 Less interest paid, commissions,
&c., &c.
8,547.08
દી
BALANCE-SHEET.
LIABILITIES.
6 per cent. debentures
Sundry creditors
Due to General Managers..
Balance of profit and loss..
ASSETS.
$151,111.94 Loans-Provident loans
Loans on mortgage, shares,
&c., &o..
366,110.94
Furniture, as per last statement 1,000.00 250.00 Less depreciation.
Sundry debtors.
C.
79,394.24
C.
817,222.88
$850,644.65
Was a
|
Kwok Kam Chun, the plaintiff, deposed that on the morning in question he heard a disturb. ance and went on deck. He then saw approach- ing them a white steamer with two masts and two black funnels, and blunt bows.. She was a large steamer and from her appearance he knew The collision took her to be a mail steamer, place shortly after he came on deck. The result of it was that the bow of the junk was cut through and the severed forward part sank. They on the junk cried out to those on the steamer to "save life" and made a great noise to attract their attention, but the steamer did not stop. He saw a white light and a green On coming back to light on the steamer, Hongkong he identified the steamer and had the junk repaired.
The
case was
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