'Summing up for' the defence, Mr. A. E, Seddon said that in his evidence Engineer Captain Emilio, of the Lepanto, had said that' he had measured the height of jackslaff of the Lepanto as being approximately 13 feet, taking the forward deck as the level of measurement, If that were the level of measurement, it was Obvious that the light did not conform with the regulations.
The defence also complained of the obscuration of the riding light of the Lepanto. Captain Chal pilot of the Hopecr evidence that he was ever in any doubt as to the lights of the Lepanto being those of a vessel proceeding downstream. From the evidence of the witnesses for the Hopecrag was obvious that the Lepento', riding fight was obscured by the sare from the other lights, 'A further point with which Mr. Hartopp dealt with at length concerns certain property on Vu Yuer. 'Road, the home of Mrs. Benjamin and her family. 'The property, he said, was ought for her by Mr. Benjamin at her request. 'Towards' the purchase price of the property, she contributed }$19,500, and, at her request, borrowed the remathing $13,549.70 from a mutual Chinese' friend. He [subsequently repaid this money.
Later, the property was mortgaged him, with her permission, Messrs. Brandt & Rogers for $40,000, the land being at the moment valued at $60,000. Mr. Hartypp contended that, in view of the fact that the property had been bought for Mrs. Benjamin, st was her property, de spite the fact that the late' Mr Benjamin had contributed the major part of the price-mone; therefore it did not constitute part of Sontract regarding the payment of Tis Sa day, was a penalty. or liquidated damages. He hela, he said, that wag truth for guldated damages. Mr. Moores, on Mrz. Moore, "intimated that Ts. 3 would have been a reasonable sum {ora sort time, bat it ca tainly was 20 for a long. period.
"The arbitrator, counsel pointed out, had so, worded bie final award that Ie the court found that Tls. 8 a day war lguidated damages, Mr. 'Bane Fittkau would receive from Mrs, Moore. $1,82525. if on the' other hand. the sum were & penalty then Bir: Pitas would have to "pay Mrz. Moore $200.
Giving his decision his Lordship
for. my decision in. the form of a Mine' cate comer before ease sated. by an arbitrator, under Rule 214 of our Rules of Court. This arbitrator has had under considera tion certain. disputed claims which have arisen. between Me. Hans Fittkau'and Mrs. Christine Moores under 2 building contract dated February 1093, "He has made an award, but he fs uncertain as to the proper con Htructlon to be placed "upon one the clauses in the building contract, fand he now asks my decision on that point. that is no excuse for this non-registration, "I shall have to fine you $20.
Text read from the printed page and cleaned; old type leaves the occasional error.