190
HONGKONG COTTON SPINNING, WEAVING & DYEING CO., LD,
The following is the report for presentation to shareholders at the fifth ordinary meeting to be held at the Offices of the General Managers on Monday, the 15th September, at 11.30 a.m.
The General Managers beg to submit a state- ment of accounts covering the period from 16th July, 1901, to 31st July, 1902.
After deducting $50,00 paid us interim
THE HONGKONG WEEKLY PRESS AND
SUPREME COURT.
Wednesday, 3rd September. IN SUMMARY JURISDICTION.
BEFORE HIS HONOUR A. G. WISE
(PUISNE JUDGE),
HANSEN V. MARTY.
•
:
[September 8, 1902.
proviso that if the authorities shall require the discharge of a man the owners shall discharge him and the man shall have no further claim. In this case did the anthorities require this man to be discharged? The evidence was that the authorities did not in any way interfero. It could only be presumed that the authorities would not have interested themselves in the . matter at all and that the plaintiff would have continued in his employment on board this steamer if it had not been for the deliberate act
dividend the balance at crexit of profit and Hongkong, sued E. R. Marty for $531, being that the authorit.es judged it necessary or
loss account is $113,465,05, which it is pro posed to appropriate as follows:- To pay a final dividend of 6 cent.
per making 10 per cent. for the
year
To write off Property Account To carry forward to credit of next
year's account
CONSULTING COMMITTEE.
$75,000.00 30,000.00
8,465.05
$113,465.05
During the temporary absence of Sir C. P. Chater, C.M.G., Mr. R. C. Wilcox has joined the Committee, and his appointment requires confirmation at this meeting. Messrs. A. Haupt and R. C. Wilcox retire but being eligble offer themselves for re-election.
AUDITOR.
The accounts have been audited by Mr. W. Hutton Potis, who offers himself for re-election.
JARDINE, MATHESON & Co., General Managers.
Hongkong, 4th September, 1902.
The following are the accounts
BALANCE-SHEET,
31st July, 1902.
LIABILITIES.
Capital account..
Sundry creditors
Profit and loss account
ASSETS.
$
1,250,000,00 434,136.20 113,465.05
$1,797,601.25
Property-comprising land, buildings and
machinery
Furniture.
Sundry debtors
Cash
Cotton, value of stock.
Yarn, value of stock.
Waste, v lue of stock
Mill stores, value of stock
Coal, value of stock
|
This was a re-hearing of the case in which H. C. Hansen, lately third engineer on the s.s.
seven days' salary at the rate of $90 a month and seven days' mes money at the rate of 30 a month; also four months' salary in lieu of notice. of dismissal as provided by the ship's articles. Mr. E. J. Grist, of Messrs. Wilkinsou and Grist, solicitors, appeared for the plaintiff, and Mr. J. Hastings, of Messrs. Deacon and Hastings, solicitors, for the defendaut. The caso had teen adjourned from the 27th ult. to permit of a translation of the ship's articles and rules being put in.
without four months' notice, the authorities or
it
Mr. Grist said that before proceeding with the case he would ask his Lordship to refer to Captain Pannier's evidence as to the matter of by whom the plaintiff was discharged. Now that a translation of the ship's articles had been supplied, he saw that by clanse 6 the owners agreed not to discharge any officers but should consular agents judge necessary officers would be discharged and would not be entitled to any futher claim. That was an entirely new departure in the de- fence. In his evidence the Captain had stated that the plaintiff was discharged in order to be replaced by a French engineer; that was by the onner's orders. He (Mr. Grist) took it that his friend would have been better pleased if the witness had said the plaintiff had been discharged by the orders of the consular authorities.
His Lordship asked if Mr. Hustings was in a position to prove that the Captain acted on the instructions of the cousular authority.
Mr. Hastings stated that he was prepared to prove that the French law was that a French 1,242,192.20 ship shall only carry French officers, but that 2.757.00 that rule could be departed from on the authority 27,950.80 of the Consul when there were not sufficient
780.94
442,891.24
30.353.25 1,236 60
13,865.23
French officers available; and when foreign 23,426.00 <fficers had been shipped and on going to a 12,147.99 French port it turned ont that French officers were available the latter must be shipped in preference to the foreigners. He did not say' this was done by the shipping officer at Haiphong, but it was done by Mr. Marty, and if he had not $1,797,601.25 done it he would Lave been compelled to do it by the shipping officer. He was not compelled, because he did it of bis own accord. He was prepared to prove that.
Fire insurance and taxes pertaining to
period after 31st July, 1902
PROFIT AND LO88 ACCOUNT.
To remuneration to General Managers, 10
Dr.
per cent, on net profit
To remuneration to Consulting Committee To auditor's fee
To interim dividend of 40 cents per sh.re
paid on 17th April, 1902
To balance..
Cr.
By gain on working By transfer fees
C.
$
18,513.56
250,00
21,763.56
50,000.00 113,465.05
$185,228.61
of the crow.
K. Réau, Acting French Consul, stated that 3,000.0 according to French law all officers on French vessels must be French, and also three-quarters The Consuls and authorities in the Far East had the power of relaxing that rule where necessary.. When French officers were not available, foreign officers could be shipped until French officers were available. In the case of foreign (fficers having been shipped and the ship coming to a port where French officers were available the owners were com- pelled to discharge the foreign officers and ship French officers. It was the law that the shipping officer should compel owners to discharge foreign officers and engage French officers when the latter were available. A foreigner was one who was not entered on the
$
e.
185,135.61
93.00
$185,228.61
Rumours were current in Tientsin on the 20th inst of an assembly of armed rebels a few miles west of the foreign concessions, the China Times says. So far as we have been able to ascertain
there is no truth in the statements. It is again asserted that large bodies of Yuan Shikai's troops have beguu to occupy the villages around Tientsin, within the prohibited ares. If this is the case there is no doubt it will have been brought to the knowledge of the military com- manders. Probably there has been some confusion between the new police and the troops, Later enquiries show that there are reported to be some 1,200 of the Wu-icei-yu-chun in Hopei. It is also stated that some of the larger villages around Tientsin have been garrisoned by some 30 to 40 soldiers each, within the prohibited radius. If this is the fact, the Viceroy has not taken long to make holes through the Agreement.
French naval list.
Cross-examined---This law was passed in 1793. There had been a recent alteration of the
rules. That was two or two or three years ago. At that time new rules were made with reference to the employment of foreign officers. These rules did not apply to the Hongkong, which was registered at Marseilles. The Hongkong was not sul sidised. He did not know whether or not it was about to be subsidised.
No other evidence was called.
Mr. Grist, in addressing the Court, stated that the aspect of the case had been entirely altered; the original defence that neither party was bound by the contract had apparently been absolutely abandoned. According to the ship's articles,
four months' notice was to be given or taken on either side with regard to dismissal, with the
of the owner himself. There was no evidence
called upon the owner to discharge the pli inti tf. Therefore he was entitled to his claim.
Mr. Hastings contended in the first place that as the plaintiff had been engaged ou haid a French ship he was subject to the French law. Probably he knew that under that law he was liable, being a foreigner, to be discharged on a moment's notice.
His Lordship-Under certain conditio: s. Mr. Hastings-Certainly. He was liable to instant discharge in the event of the authoriti, s judging it necessary that he should be dis- charged. In this case it was equivalent to the authorities interfering. A French engineer was available, and the Consul had told the Court that if the owner had not discharged the foreigner and shipped a French engineer it would be the duty of the Commissaire to compel him to do so. If the man had Lot ben dis- chrged the Commissaire would very soon have called the owner's attention to the fact. The owner was bound to comply with clause 6.
His Lordship, in giving judgment, said that in this case the plaintiff sued practically ou the articles and regulations, subject to any modi- fications that might be made by French law. The case came on before him originally and judgment was given for the plaintiff. A re- hearing was then applied for on the ground that he had not properly auderstood the French
onsul, and he thought it ouly fair that it should be re-bear:]. When the first re-bearing came on, the things he had been wanting all along-the articles and regulations-wore produced. He had already expressed his opinion that the whole delay in the case had been caused by Mr. Marty; he said in the first instance that the regulations could not be got or the articles, and now these things were brought forward. His Lordship had no hesita- tion is saying again that the whole trouble in that Court had been caused by Mr. Marty. if these productions had been brought forward at settled the first time. As the case was, it the time, the case would have been
month or more. had been going on for a What were these rules? Clause 6 provided that no officer shall be discharged without four months' no ice. If it stopped there the case would be clear. But the clause went on to say that should the anthorities or consular agents Judge it necessary (which showed they had discretionary powers) officers shall be dig- charged and shall not be enti led to any further claim. On that ground it was
hold
and he had to doubt the French law had been correctly stated by the Consul-that when a French officer was available at any port the authorities were then bound to insist that that French officer should be taken on and any foreign officer discharged. It seemed to him that Mr. Marty had broken their own French law. It was perfectly clear, according to the def ndant's owu showing, that French engineers were available in Haiphong. Therefore it was their duty then and there to discharge the plaintiff and engage a French engineer. In- stead of doing that and taking the plaintiff back as a passenger, the owner took him back him. Clearly then the defendant had broken to Hongkong as engineer and there discharged
the French law to begin with. It seemed to him that there had been no interference in ary way by the authorities or consular agents at Haiphong in the matter of requiring the plaintiff's discharge; and it did not seem to him that it was absolutely necessary that they should require a foreign officer's discharge, but that it was left to their discretion, if they judged it necessary. The defendant had not carried out the French law. Therefore in these circum- to his claim. His Lordship accordingly gavə stances and conditions the plaintiff was entitled judgment for the plaintiff, with costs in both
cases.
The Court adjourned.
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