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...Tuesday. Sept 18th, a..
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across United States and Canada, liberal stop-over privileges for sight-seeing,
Europe and New York Direct
ROUND THE WORLD
Fortnightly sailings, on Sunday via Manila, Siraits, Colombo, Suer Casal, Alexandria Naples, Genus, Maeseilles, New York and Boston
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THE HONG KONG DAILY PRESS, FRIDAY, SEPTEMBER 14th, 1928.
PUNTA ARENAS CHILE OR COSTA RICA?
GOODS CARRIED TO WRONG DESTINATION.
SHIPPING COMPANY TAKE UNNECESSARY RISK.
JUDGMENT AGAINST DOLLAR S.S. CO,.
Holding that a steamship company, should not take unnecessary risks by failing to make full inquiry, Mr. Justice P. Jacks gave judgment against the Dollar Steamship Company yesterday at the Summary Court in favour of Messra. Watanamal Boolchand & Co for 8301.23 with costs.
The action arose out of a shipment made on July 30th, 1926 to the pott of Punta Arenas. It appeared that there are two places of that name, one in Costa Rica and the other in Chile. It was for the latter place that the shipment was intended, but as. there was a misunderstanding between the parties, the, goods were sent to the Punta Arenas in Costa Rica. The shipment was kept there for six months, and not finding a consignee, it was ultimate ly sold to pay for storage.
THE JUDGMENT. The full text of Mr. Justice Jacks judgment follows:
The facts are as follow:-In Juls,
A. Futile Storgat K It would appear therefore that the unwarranted entry in the mani fest was not due so much to the
1026. the plaintif received an order carelessness of the clerk as to that to buy certain goods and ship them föf his chief. Mr. Garcia, in ais to a customer at Punta Arenas in evidence, stated he knew that there Chile. He duly purchased and were two places called Punta He went further and packed the goods and after seeing Arenas. the Cansul for Chile and getting stated that he remembered being the necessary certificate he found called to the counter when the the next ship sailing for America plaintiff's representative made his was the defendants' steamship, inquiry about freight for Punta President Wilson. The plaintiff's Arenas,, and that when he inquired assistant manager went to the de- whith Punta Arenas, he was asked
28 YEARS OF TORTURE.
NO RELEASE FROM A
WATCHMAN WIFE.
SONG TAUNTS WITH A GRAMOPHONE,
VIENNA
Johann has done all that a man can lawfully do a Viennese man, to obtain the dissolution of his mar- riage with Josephine. They have been married since 1901, and have a boy of 14 and a girl of 12. He is a railway officiat and she makes herself £nancially independent with a prosperous allotment garden in which Johann does raost of the work...
Johann has put up with a great deal before applying for divorce on the ground of his wife's per Two courts have decided in his sistent jealousy and spitefulness. favour, considering the evidence Court has just given its decision overwhelming. but the Supreme
against him..
Jealousy.
mere
The grounds were that " Jealousy hurts the jealous one more offences, though collectively a tor chan the victim, and that her ment for her husband, did not justify the dissolution of riage after 28 years, with blame on her, which would mean that she would forfeit her right to main- tenance and her claims to a pension after his death.
mar.
11
CONSIGNEE NOTICES.
NOTICE TO CONSIGNEES,
PENINSULAR AND ORIENTAL- STEAM NAVIGATION. Co.'s
STEAMER "MOREA.”“
ARRIVED BONG KONG ɑs 1ra SEPTEMBER, 1929,
FROMANTWERP, LONDON, GIBRAL TAR, MARSEILLES, MALTA, PORTSAID, ADEN, CULOMBO
AND STRAITS.
ONSIGNEES of Cargo by the
above-named Vessal are hereby formed that their Goods are being landed and placed AT THRI RIX in the Bong Kong and Kowloon Wharf and tiodown Company's Gove
Godowns at Kowloon, where ach Consignment will be sorted out Mark by Mark and Delivery can be obtained as
the Goods are landed.
Optional Goods will be landed here unless instructions have been given to the
Goods not
the Steam cleared within 8 days in
contrary Six hours before arrival of
clading date of arrival will be subject to Rent
No. Fire Insurance will be effected by us in any case whatever,
the Dodowns for examination by the Damaged Packages must be leit in fans, Goppio & Douglas at 10 am. Consignees, and the Company's surveyors
on Mondays and Thursdays, within the Free Storage period.
All Ulaims against the Steamer must Lorented to the Undersigued on or Lefore 3rd October, 1928, or they will Lot be reagulzed.
No Ulaims will be admitted after the Goods have left the Godown..
MACKINNON, MACKENZIE & Co.,
Agents, Hong Kong, 13th Sept., 1998. [6713
.. San., Dec 30,3m.fendants' office to make enquiry "To which Purita Areas they can would wait for hours in the rain BRITISH INDIA S.S. CO., LTD.
Pras. Pierce' Oct. Pris Jackson ..Det Pros. Taft
Oca Pres. Mokinlay Nor.
13th, 6 p.m. ed, 6p. 27th; 6p.m. ých, vp.m.
SPECIAL ROUND-TRIP SUMMER FARES
From Boro Koro to SHANGHAI and Retorn....E.K. $120.00
KOBE YOKOHAMA
H.K. $210.00 H.K. $ 35.00
Bound Trip Tickets at the above Rsten will be Sold until SEPTEMBER flar, and will be valid for Retura Pamaze up to Torse, Months from
Date of Issue
For Bookings, Passenger and Freight Information spply to PEDDER BUILDING, Ground Floor.
Telephone Central 2477, 2478 and 795 Cable Address "Dollar"
IL
CANTON BRANCE, SHA KEZ STREET,
American Mail Line
and
:
Dollar Steamship Line
THE EAST ASIATIC CO., LTD.
COPENHAGEN.
The M.S. "JAVA loading on or about
19th September
For
MARSEILLES, LE HAVRE, ANTWERP, ROTTERDAM, AMSTERDAM, BREMEN, HAMBURG, COPENHAGEN AND OTHER SCANDINAVIAN & BALTIC PORTS,
OTHER SAILINGS: —
M.S." Chile"
M.S." Asia'
M.S. "Afrika",
M.S." Siam'
M.S." Malaya”
CONTINENT, ETC. 18th Oct.
SAILING LIST. SHANGHAI, ETC.
19th Sept.
29th Oct.
28th Sept.
24th Oct.
2nd Dec.
5th Nov.
3rd Dec. 11th Jan, 1829
Optional Bills of Lading issued to United Kingdom Ports.
For further particulars, please apply to:-
JOHN MANNERS & CO., LTD. (14 Telephone C. 407%.
HONG KONG METEOROLOGICAL
REGISTER,
Hong Kong Observatory, Sept. 13th
[Previous]Ứ: DatejUn Date
Day
*
Height
Height
signed goods most frequently?" On his stating Punta Arenas, Costa Rien, he was told that "That was the place."
about the freight for Punta Arenas. He did not mention Chile. He said that he knew of no other Punta
This atrikes me as a futile story Arenas. He
was told what thend must have seemed unconvincing freightage would be and given the to a shipping officer of Mr. Garcia's necessary forms for the shipping experience. Such an incident, if it did occur, should have crossed Mr. documents, which he took back to Garcia's mind when the question his offer and had them filled in.
was again put to him by the clerk The goods were put on board and who was preparing the manifest, the mate's receipt for them was and even it if did not, the fact that obtained. Subsequently a bill of he knew of another Punta Arenas lading was sent to the plaintiff and should certainly bave put him on the freight charges paid.
his guard.
The plaintiff's assistant manager said that when he made his inquiry about freightage he was not inform ed that there were two places ealled Punta Arenas, and he did not insert the word Chile in the bill of lading. The goods were even tually sent to Punta Arenas in again by either of the parties to this action until March, 1927, when the plaintif was informed by his customer. in Chile that the goods
cannot believe his story of what took place at the counter. If any thing of the kind did occur it was all the more reason for covering himself by insisting on something further being put in the bill of lading, or obtaining some written direction from the plaintif on the there being another Punta Arenas than that in Costa Rica did not occur to him at the time. In any event he was taking a great risk in inserting in the manifest some-
the bill of lading.
Witnesses. stated that the wife
to see whether her husband went to speak to another woman; that other allotment gardens had been given up because she nnnoyed the wives of the men who owned them by her jealous suspicions; that she habitually followed her husband on journeys in tramway-cars to watch him and was known among his colleagues as "the watchman."
A Termagant.
She treated him in other ways with great inconsiderateness, She forbade the children to greet him
FROM CALCUTTA, KANGOON, PENANG AND SINGAPORE.
THE Stars
:
|
14
NOTICE TO CONSIGNEES.
OCEAN STRAMSHIP CO. LTD. AND OHINA- MUTUAL STEAM NAVIGATION CO., LTIM
FROM UNITED KINGDOM
V SINGAPORE.
CONSIGNEES per Co.'s Vestel
MENELAUS"
are hereby natited that the Cargo will be- duasarged into Holt's Wharf, Kowloon where it will is at Consignes risk and abject to Terms and Conditions of Storage at Holt's Wharf. The Cargo will be ready for Delivery from Godown on and after 12th September.
Optional Cargo will not be landed here. unieas Notice has been given prior to Venael's arrival, but carried on from port to port to the final port of call to which the option extends.
All broken, chafed and damaged Gooda
Fridays between the hours of 10.45 1. are to be lift in the Godowns, where they will be examined on any Tuesdays and and Noos within the Free Storage period.
No Claims will be admitted after the Goods have left the Vessel's God wa and, all Goods remaining undelivered to Bent, after the 18th Septembar, will be subject
be presented to the Undersigned on or
All Claims against the Vessel must
before the 2nd October, or they will not be recognised.
No Fire Insurance will be effecti.” BUTTERFIELD & SWIRE
Agenta. 19th Sept., 1928.
[0704
NOTICE TO CONSIGNEES.
OCEAN STEAMSHIP CO., LTD AND CHINA MUTUAL STEAM NAVIGA- TION CO., LTD.
FROM UNITED KINGDOW & CONTINENTAL PORTS VLL SINGAPORE.
per
Co. Vessel
CONSIEURYLOCHGS"
having arrived per s.s. MENELADS are hereby notified that the Cargo from Singapore will be discargad into Bolts Wharf, Kowloon, where rick Consignees
"TAKADA "". Consignees of Cargo are hereby informed having arrived from the above Ports, that their Goods are being landed and placed at their risk in the Hong Kong and Kowloon Wharf and Godown it will le At Company's Godowas at Kowloon, where Delivery may be obtained as soon as Goods are landed.
Goods not cleared by 14th Sept., 1928,
be subject to Bant
as in
and subject to Terms and Conditiona of Storage at Holt's Wharf. The Cargo will be ready for Felivery from Godown and after 12th September.
Optional
will not be landed Cargo
and told the stories of his alleged wire loeurance will be effected by here, unless Nosice has been given prior
infidelity. Several women came for ward in court to assert that bis life had always been blameless
عرب
She would not even allow him to rest when he came home tired in the evening. If it was too wet for him to be sent to work in the allot- ment she
her gramophone going.
No
any case whatever. Damaged Packages must be left in the Godowns for mamicatica by the Consigness and the Company's surveyors, Mesars, Goddard and Douglas, at 10 A.M. Mondays and Thursdays.
Bad
to Vessel's arrival, but carried on from port to port to the final to which the option extends:
port of call All broken, chafed Idamaged froods ATO to be left in the Godown, where they will be examined on any Tuesday's Fridays betwson the hours of 10.45 ..
within
the Free Storage period.
и
Costa Rica and were not heard of matter. I believe that the fact of and sang to ita music songs of Ten days of the Steamer's arrival here, and No. 1l be admitted after the i
had not arrived.
faithless husbands and the terrible and ridiculous things that happen ed to them.
She had laid before the courts a letter of love purporting to br
All Claims must be presented within after which date they cannot be recognised
No Claims will be admitted after the Goods have left the Godowns,"
A Protest has been noted by the Master.
No Claims Goods have left the Vessel's Godown, and all Goods remaining undelivered after the 19th September, will is subject io Rant
| Inquiries Should Have Been Madathing which was not warranted by written by Johann which each court MACKINNON, MACKENZIE & CO. be presented to the Undersigned on or
The defendants were at once in- formed and inquiries made. As
A Latent Ambiguity,
the result of those inquiries it It is true that the bill of lading transpired that the goods had aris rived at Punta Arenas, Costa Rica, and after lying in a warehouse there for about six months had been sold on February 24th, 1927, to cover storage charges.
declared be a forgery by herself
Josephine left the court trium- phantly with her children and Johann walked sadly behind her
ambiguous and that the am-alone. biguity was a latent one until it came to be acted on, but it began to be acted upon when the manifest was being prepared and there was still time to have the matter clear ed up before anything serious occurred.
Mr. Watson, for the plaintiff, quoted the case of Walker v. Jack- son (10 M. & W. 101) in which it was laid down by Baron Parke, os be then was, "That as a general rule if anything is delivered to a person to be carried it is the duty of the person receiving it to ask such questions about it as may be necessary." This rule was adopted
IRISH WOMEN PELT POLICE.
Hong Kong, 7th Sept., 1973, (863N
HAMBURG AMERIKA LINIE. NOTICE TO CONSIGNEES,
THE Steamshin
THE * CABL JEGIEN ". VOLLEY OF FRUIT AND FISH ring arrived, Consignees of Cargo are
BOXES.
Civic Guards confessed in Dublin Police Court that they were afraid to go near four women against whom they gave evidence in assault charges.
All Claims against the Vessel must
before the 2nd October, or they will not
Le recognised.
No Fire Insurance will be effected.
-BUTTERFIELD-& SWIRE---
Agents. 12th September, 1928. [6705
NORDDEUTSCHËR LLOYD,
•
BREMEN,
THE Steamer
haraby notified that their Goods are being landed and placed at their risk in
-SCHWABEN" - the Hong Kong & Kowloon Wharf having arrived from BREMEN, HAM. Godown Company's godowns at Kowloon, BUEU and Ports, Consignees of Cargo whers Delivery can be obtained as thear hereby notified that their Cargo
bring landed at their risk into the Go-
Wharf and Godown Co., Ltd., Kowloon, where Delivery can be obtained.
Goods are landed.
The charge sheet accused Bridget obce Cargo will be landed, unless down of the Hong Kong and Kowloon
The plaintif has brought this action to recover the loss he has sustained by reason of the goods being carried to the wrong place. I confess that at first I felt little sympathy for the plaintiff. To my mind he neglected a very ordinary precaution in omitting to state the name of the country to which he was consigning his goods. It may be true that he only knew of one
Geraghty of striking Guard Forde Punta Arenas, but it is a compara in the later case of Lebeau in the eye with a tomato, Bridget tively little known place to people General Steam Navigation Co. Scott of striking Guard McDonald dwelling in this part of the word. L.R. 8 C.P. 88) in which Mr. on the head with a box, Bridget On the other hand the defendants Justice Brett, afterwards Lord McGuinness Coombe of striking from the nature of their business Esher, referred to Baron Parke McDonald with a quantity of might have known that there were As a master in the art of laying fruit, and Barbara Howard of as- They were certainly in a position of Mercantile Law."
ing arrest by throwing, herself on to find out and I think they should
the ground. have made inquiries in a case like, this, in which they are naked to carry goods half-way across the world to a place which is certainly not the of the great ports of the world..
arrival.
has been given prior to Steamer's
No Claims will be admitted after the Goods have left the Godowas, and all Goods remaining undelivered after the 15th September, 1928, will be subject to Beat,
All broken, chafed and damaged Goods are to be left in the Godowns, where they
1928, at 10 am, by our Surveyors, Mesta. Goddard and Douglas.
All Goods remaining undelivered after the 18th of September, 1928, will be subject to Bent.
No Fire Insurance will be effected by -un in any case whatever,
Godown for examination by the Con Damaged Packages must be left in the
Mets.
more places than one of that name. laying down general propositionssaulting Guard Henry and resist. will be examined on 14th September. ignees son & Ashe, at 10 am
How It Got To Costa Rica. How did it happen that the goods. were taken to Costa Rica? That country is not mentioned in the bill of lading. I believe the truth
The Boot Of The Dispute.
The guards complained that In my opinion the failure of the when the women were asked to re- defendants to make further in move their stalls from a footway quiries at the time the manifest they threw fruit, fish-boxes, and was being prepared is the real yout baskets. Additional guarda, and, a of the dispute which has arisen motor car had to be called to re- here By deciding for themselves move them to the station. that the goods were to go to Costa
magistrate, Mr. Kenny. Rica without making any inquiry ordered
Geraghty Bridget of the plaintiff they,ncurred re- month's imprisonment. Combe was sponsibility for, everything which fined £3, and the other two women
happened afterwards.
The
£1 each.
It is well established, and Mr. Mrs. Geraghty (who had a baby Hugh Jones has quoted several in her arms) then threw herself on authorities on the point, that where the floor of the dock. People in there is a latent ambiguity in a the court, shouted and cheered as contract the parties are not ad idem ahe was forcibly removed to the and there is no contract, socells. after the ambiguity had become Mr. Kenny: Savages would patent to the defendants, it was hardly behave as they did in the their duty to make further inquiry dock. and by doing so in this case they might have prevented any loss oc-
All Claims must resch as before the 29th September, 1929, or they will not be recognized,
No Fire Insurance will be effected. Bills of Lading will be countexigeed by the Undersigned.
JEBSEN & CO.
Agenta.." Hong Kong, 8th Sep, 1928, 16694
CONSIGNEES NOTICE. THE BEN LINE STEAMERS, LIMITED.
·
FROM MIDDLESERO', ANTWERP, LONDON & STRAITS. The Steamship "BENVENUE"
CONSIGNEES of Cargo are hereby Normed that all Goods ars being landed at their Fink into the hazardous and/or extas hazardous Godowns of the Hoe Kane D KOWLOON WHALY AND Godown Courant, Led, whence, and/or from the wharves Delivery may be obtained.
and the Company's Surveyors,
on the 17th of September, 1928,
No Claims will be admitted after the Goods have left the Godowns and all Claims must be presented within Two Weeks of the Bhip's arrival hero, after which date they will not be recognized.
Consignees are requested to surrender their Bills of Lading to the Undersigned for Countersignature,
MELCHERS & CO.,
Agents: NOLDUZUTSCHKE LLOYD, BENEF. Hong Kong, 11th Sept., 1928. [6707
SERVICES CONTRACTUELS DES MESSAGERIES MARITIMES.
CONSIGNEE NOTICE.
of the whole matter is this:-The defendants frequently carry goods Punta Arenas in Costa Rica. In fact they had another consign- ment for that place, shipped in the President Wilson, and that place was probably in the minds of the defendants office staff when the plaintiff's representative called to
3.S. "D'ARTAGNAN.” make his inquiry about freight The freight quoted was for that
BRINGING CARGO FROM MARSEIL-
·LES, &c. Also CARGO FROM place. I do not believe that any euring. Instead of doing this they matter with the plaintiff's repre-
BORDEAUX, COGNAC, &c., thing was said about Chile at that took the risk and a quite unneces-sentative who had agreed that Costa
Ex 8.8. ROLLON" time. I do not believe it occurred sary risk of deciding for themselves Rica was the intended destination. to any of them to make inquiry.
what the real destination of the Nothing was heard of this until
YONSIGNEES are hereby informed In the ship's manifeste which, I plaintiff's goods was. ...
Mr. Gerein went into the witness
that their Goods with the exception understand, were prepared in the All through the correspondence box. The impression I took of his
of. Opium, Treneurs and Valuables are defendants* outward Freight De between the parties and between the story was that it was a very poor No Claims will be admitted after the being landed and stored into the Godowns - partment-from-particulars-stated defendants and their agents at San effort or hig part to cover a slip Goods have left the Godsans, and all of as Busy Kong and Kozioon Wharf on the bill of lading, I find a large Francisco no reference is made to he had made and that far from Goods remaining undelivered after the and Godowa Co., Ltd., Kerrison, whence
Delivery consignment entered for Punta the fact that the plaintiff had in improving the position of the de- 17th instant will be subject to Best. 3.551
Arenas, Costa Rica. Immediately any way authorised the consign- fendants in the matter if did the 4240 below it particulars of the plain- ment of the goods to Costa Rica. reverse. m4 212 6 tiff's consignment are entered and Mr. James, in one of his carly The defendants pending express
13 24
26.tination" the word "Ditto" has San Francisco, admits that his Rica or Chile were bailers of the 21 g u been entered under the "Punta office should have checked the bill of goods-the conditions of the bill of are to be left in the Godowns, where 4927 Arenas, Costa Rica" of the preced- lading more carefully and insisted fading did not apply to an un- they will be exsmined on the 15 47 A 8.9 ing entry The defendants whip on the name of the country, being authorised voyage to Costa Rica instant, at 10 AM, Try Mess, Goddard 3818 ping clerk, Tsui Yung On, swore specified. Would he have made I hold the defendanta responsible 6 937 that be made this entry and that this admission had he known that for the loss sustained in conse. 31 31 he asked Mr. Garcia, the manager the manager of the freight departquence thereof, L. accordingly give H*40-of-the-Outward -Freight-Department=had already discussed the judgment lure tinylaintiff der
ment, about it-
~(Continued at foot of next coluhin.): 8501.25 and coats.
Agent.
HONG. XONG TIDE TABLE.
From September 14th to 20th, 1928.
“Hion Warka,
Low WATIK
jat p.m. 6 ..
Hong Kong Standard
Hong Kong
Standard
Time.
Time.
29.69 0.60 Barometer.. Tomperstar 80 -61- Hududity. TU Wind→→→
Directiea Cala Calm W3W Force Weather Bain
91-
76
47
V
1
B
.000 100
0.00
15 x10 16 10.40 Jan, 16 m10 3
Fri 14m 9 38 7 4 m 2 543
10 935 SAL
2
h
11 17
Taos 18 0
B-Blue sky; C-Cloudy; D= Drizzle; F-Fog; L-Lightning: Wed 19 M-Mist;.0 Overcast; P-Passing
11 38
0.33
showers; Q-Squalls; R-Rain; T Thur 200
*****frunder:
Highest open-air Temperature, 19th: 87 Mon. 17 mil Lowest open wir iemperatare, 1:51
38
All Claims against the Steamer maal after lading, obtained immediately be presented to the Undersigned on ur All Claims must be sent in to me of before
1928, or
or they will not be recognised,
in the column beaded "Final des letters to the defendants' agents in direction to take the goods to Costa not to the 1st October, 1928, or they will or before Tkaredar, the 20th September,
recognised,
All broken, schafed and damaged Goods Damaged Fackages will be examinal.
and Douglas.
Ne Fire Insurance has been effected. Bills of Lading will be countersigned by GIBB, LIVINGSTON & Co., LTD.
Boog Kong, 10th Sept., 1928-669-
by the Company's Surveyors, Messrs. Goddard & Douglas in the presence: of the Consignees at 10 am Monday, the 17th September, 1928. „No Fire Insurasoe will be effected by
us in any case whatever.”
L. LESDOS
Hong Kong, 11th Sept, 1928. (6700