PAGE 12-HONGKONG DAILY. PRESS
HONGKONG. CANTON & MACAO STEAMERS Handicap Weights For
JOINT SERVICE OF THE HONGKONG. CANTON & MACAO STEAMEDAT COʻLTD (THE
CHINA NAVIGATION CO.,LTD
TRAVEL
THE
SHORT
SAFE
SEA
WAY
by the
British Line
CANTON LINE
FORTNIGHTLY SAILING
MACAO LINE
DAILY SERVICE
(including Sunday)
Note:-All vessels,
squipped with Wireless.
QUEEN'S BUILDING, CONNAUGHT ROAD
Telephone 20101
APR
DO YOU REMEMBER
AND
'TEA FOR TWO
TWO FOR TEA AND OTHER" FAVOURITES?
"You will hear them again in
*
“NO! NO! NANETTE”
To be produced at the
QUEEN'S THEATRE
by the
HONGKONG PHILHARMONIC SOCIETY
on
December 13th, 14th, 15th and 16th
At 9.20 P.M.
Tickets $3.30, $2.20 and $1.10.
all Proceeds
in aid of
THE BRITISH WAR ORGANIZATION FUND
BOOKING OPENS AT QUEEN'S THEATRE, WED., 22nd NOV. 1839.
THE
BLUE FUNNE
LINE
REGULAR AND FAST | PASSENGER -SERVICES |
FREIGHT AND
TO UNITED KINGDOM PORTS.
Four
well placed Sailinge during DECEMBER For dates and ports of call apply to Agents.
PACIFIC AND NEW YORK SERVICES Are maintained as hitherto.
Information regarding INWARD CARGO and all matters relating to freight and passage will gladly be given by.
Butterfield & Swire,
Tel No. 30332.
Agents.
1. Connaught Road,
H.K. Jockey Club's 12th Extra Race Meeting
The following are the handicap weights for the Hongkong Jockey Club's Twelfth Extra Race Meeting to be held at Happy Valley on Saturday next, December 2, commencing at 2 p.m.:
CHARTERED BANK
LOSE CLAIM. Continued from Page 3
Race No. 1-6 Furlongs Blaisdon
144; Diogenes 168: Dow Jones 140 Gallant Marshal 144; Heddon 161: King's Envoy 144 King's Parade 158; Lucky even 154; Old Fashioned 140; Palmer 163; Rose Day 140: Smiling Time 160: The Buccaneer 140; The Mer mald 140.
# Race No. 2-1 Mile:
Polo Tourney Postponed
Thursday's typhoon was respon- sible for the postponment of the Inter-Regimental Polo Tournament which was to have opened yester
SATURDAY, NOVEMBER 25, 1939.
FOREIGN MAILS
HONGKONG, SATURDAY, 13th NOVEMBER, 1938, 9.30 4.16:
A revised edition of the Hong Kong Post Office Guide.
day after having been postponed is on sale at all Post Offices price $1.00.
from Wednesday.
The Hongkong Pola Club's ground at Boundary Road was found to be too soft and slippery 'yesterday"af- ter the previous day's heavy deluge, and the opening matches of the tourney were, therefore, postponed to Monday when, weather permit- ting, play will start at 3.30 p.m games will be between the Royal As previously stated, the pening Scots and the Middlesex Regiment and the H.K.SR.A. "B" and the Staff and Department.
3
agreed that they should be carried, and where he (the carrier) by his special contract never agreed that he would carry them. So far from performing the duty to which the special protective provision:
A Grand Time 135; A. Great up- plies he abandons the attempt to
Time 160; Ban Bar 130: Candien A friendly football match was perform it ceases to act in ac-Ught. 150; Centre Court 155; Cock-played yesterday between Central cordance with it, in fact violates leroi 150; Derby Day 155; Double British School and the Middlesex It."
Finesse 150: Janber 150: Murrum-Regiment Boys, C.B.S. winning by bidgee 135: National Victory 135; Ave goals to three.
W. G. Pryde Rising Star 135: Snowy River 147. scored four goals for CBS., and
F. A. Weiler one.
Race No. 31} Miles:
Avon 158; Blue Express 183, Galaxy 156; Hectic View 155; Jober
140: Lilber 183; Moonlight View Scenic View 168; Bunlight 168; New Star 152; Red Feather 154: Sylvandale 149. 159; Rose Emily 161.
Race No. 4 Furlongs:
Small Packet Post to all countries is suspended.
Christmas and New Year Cards bearing not more than five written words and enclosed in open envelopes are accepted by the Post Office at the rate for printed matter, Le. 5 cents per 2 ounces. for all countries.
Hongkong. China and Macao at 2 cents per 2 ounces. Erivelopes must not be closed,
INWARD MAILS
From
Haiphong. Holhow & Fort Bayard shanghai
Air Mall by "Imperial Airways Direct Service"...
„London date, 15th November,"
Manila, Manila.
Halphong and Fort Bayard.........
Canton
Calcutta and Straits
Haiphong
Saigon.
Shanghai
Straits and Mantl
View
Race No. 7-1 Mile:
Japan and Shanghai, Straits.
Air Mall by "Pan American Air-ways Direct Ser-
vice"-San Francisco, date, 21st November.
Air Mail by "Air Franes Direct Service”—Paris
date 22nd November.
Bangkok and Saigon. ...................
The Refrigerant (1925) Probate p.130, another case of a contract of tow, throws no further Hight on the problem. Buerger Cunard Steamship Company (1925) 2 K. B. p.647 was a case of mate- rial departure from the contract- terms and contract voyage, On appeal to the House of Lorda (1927) A. C. p.1 Lord Parmoor said.
Ajax 135; Amber I 143; Bredon It is a well established prin- Blue Diamond 168; Boolat Bay 160: Dick Turpin 140; Discovery ciple that stipulations in 2 con- 151;. Dawn Star 145; Factorite Bay 142; Heinz 135; Loquacious tract of carriage limiting or 158; Galveston Bay 140; Lovely 150; Macquarie River 135; Murray negativing the Hability of carriers, Star 156; Musketeer 168: National River 135; Pumpernickel 160; by land or water, for loss or dam-Pride 146; Pinfarthings 158: Rose Roably 157: Ruby Star 135 age to goods entrusted to them | Flana 150; Rose-Queen 152; Royal Schmetterling 135; Strathcarrick Sandakan. for carriage, do not apply when Highness 158; Soldier "of Britain 155; Türzan 135; Twilight Star such loss or damage has occurred 144; Tampa Bay. 156; Taxing Maa-145; Violet Queen 140; Zodiac 135. outside, the route or voyage con-ter 149.
Race No. From 11 M. P.: templated by the parties when they Race No. 5-From 14 M.P.:
Arabian Cat 145; Bressary 161; entered into the contract of car-
Bistre 185; Chatterbox 145: De- Emergency Call 140; February riage,"
sert Star 140; Double Chance 144; Fourth 155; Fei Ying 140; Geordie Ashby v. Tolhurst (1937) 2 K. Estover 151: Gold Coin 158; Kut 150: Gog 140; Golden Cow 148; Gold p.242 was a case not of baler and Cheung 188; Night View 149; Plata Sovereign 147: Green Bay 145; ballce but of licensor and licensee, view 155; The Leopard 181: The Jack O'Lantern 150; Lancashire but the last paragraph of the judg-gress 153: This Time 142: Va-Chap 150;, National Honour 140: ment of Sir Wilfred Greene, M. Florous 140; West Lake 150: Zero
National Liberty in which for the sake of his argu-144.
148; Phoenix U. S. A., Honolulu, Japan, and Manila (San Fran- 155; Popular Star 155; Portrush ment he assumes a contract of
152; Radium Star 148; Sports Ven-Shanghai
cisco date, 6th 'November), bailment, seems
Race No. 6-6 Furlongs: to me to be
ture 140; Sunshine Suste 153; Tal-Shanghai strongly against Mr. D'Almada's Advancing Time 188; Clowner kative 158; Tempest 140; Tiny Straits. contention, as I think. Is Lord 140; Guinness Time 158; Laughing Tim 147 Tribute 140; Wild Bear Bangkok." Saigon and Tourane.. Wright's statement in Randel v. Girl 158; Salvage Master 143; 140..
Arcos Ltd. (1937) 3 All England Law Reports p.577, The "essence
Japan and Shanghai. Japan and Shanghai, Japan and Shanghaf Japan.
Due
34th Nov.
25th Nov.
25th Nov,
98th Nov.
28th Nov,
27th Nov.
97th Nov.
27th Nov.
97th Nov.
38th Nov.
28th Nov.
28th Nov.
28th Nov.
28th Nov,
11
29th Nov,
29th Nov.
29th Nov.
29th Nov.
29th Nov.
29th Nov.
29th Nov.
29th Nov.
29th Nov.
30th Nov.
30th Nov.
30th Nov.
30th Nov
Ist Dec.
- 1st Dec.
Ist Dec.
2nd Dec.
2nd- Dec.
3rd Dec.
3rd- Dec.
3rd Dec.
4tb Dec.
4th
Dec.
5th, Dec.
6th Dec,
(Vancouver
7th Dec.
Java and Manila,
Air Mail by "Imperial Airways Direct Service"
-London date 22nd November. Manila. Shanghal Shanghai Haiphong and Hothow.
Shanghai. and Amoy. Japan. Shanghal
Tentsin. Austrália and Manila..
of the principle is that damage. has been sustained under conditions Scrutton L. J. In Gibaud v. Great In respect of every one of the Calcutta, Straits and Salgon,........... involving danger other than, and Eastern Railway Company, a pas-packages for which a claim is therefore different from the con-sage that has been cited with ap-¡ made the Defendants respectively Canada, U.S.A, Japan and Shanghai ditions that would have operated proval in several later cases produced a delivery order duly if the contract had been fulfilled." "If you merely enumerate losses signed by the Plaintiffs by, en-
BATIO DECIDENDI
without dealing with causes dorsement." When then of the
In some of Mr. D'Almada's cases
I have dealt with these cases at such a clause may not protect words "shall exempt the company length for the reason that, in view you from your own negligence: from all responsibility?" They are of the even more lengthy and you enumerate from all losses how-to my mind only another way of formidable array of authorities ever caused that will protect you a duly signed delivery order the cited by Mr. Potter contra, it is from own negligence. The words Company will not be responsible, necessary to determine what was that have been held to give pro-and these words have been held the ratio decidendi in the various tection are 'Under any circum-to be wide enough to afford pro- cases falling into one or other of stances," whatsoever, *In any tection even in cases of culpable these two categories, "
circumstances', 'Under any circum- negligence. stances,* Any injury however The same considerations in my there has been open repudiation caused. When I read the clause Judgment apply to the exception of the original contract: In all Will not be in any way responsible invoked by "the songkong and of them there has been at least it seems to me that these words Kowloon Wharf and Godown such a departure from the terms are clearly sufficient to protect the Company Limited "The Company of, the contract as to amount, in company, particularly in a case shall not be responsible for any law to a new contract or a new where it is eminently reasonable loss to the said cargo whilst the voyage to which the terms of the that they should be protected if goods are being stored or remain original contract cannot attach. the man who deposits property of on storage which is caused by In the words of R. A. Wright large value has not taken the misfeasance of other persons whether in any way acting for or under contract with or in the em- ploy of the Company or not," It is difficult to imagine a wider and more comprehensive form of
K. C. (as he then was) in his excess in value of the property argument in Buerger v. Cunard which he is leaving with them." Steamship Company "The law as to abrogation of special contracts
is well settled. A condition or ex-
WORDING OF GODOWN WARBANTS
So far as the $500 condition is
B. C., 18th November).
OUTWARD MAILS
Registered and Parcel Mall are closed 15 minuten earlier than the time given below unless otherwise stated, and where malls are advertised to close at or before 9 am, registered and parcel malls are closed at 5 pm. on the previous day. When mails are advertised to close after 5 p.m., Parcel mails are closed at 5 p.m.
For
SATURDAY
Straits and Calcutta
Registered
and
Date and Time
Sat, 25th,
Straits, Ceylon, India, East and South Africa. Ord.
Egypt and Europe via Marselles due. Mar- G.P.O. seilles, 27th December, and London Parcels--due Reg London, 4th January 1940.
Fort Bayard Parcels only for Rangoon. Amoy. Haiphong
Shanghai.
ception ceases to operate as soon concerned the wording of the two words. ・・· Mr. D'Almada's argument Air Mail for "Imperia) Airways Direct
as the carrier ceases to do that godown warrants in this case is, which he has contracted to do."
for the Hongkong & Kowloon don and North West Railway Com- Company will not be responsible," As Lord Bummer puts it in Lon- Godown Company Limited The
pany v. Nellson "I do not wish to and for the
Ocean Steamship
this condition in my opinion
as no substance. At the moment
due London 3rd December Straits.
wills J. in Skipwith v. The Great Tourane.
6s, which in this case was by misdelivery (see the judgment of
Western Railway Company 59 L. T. Saigon.
be understood as adopting the Company Limited "The Company N. & p520) the goods lost were appellant's argument that renum will not be responsible in any clearly being stored. clation' of the contract is the test. cumstances whatsoever."
of 'Hability.
In the latter case the wording If the carriers so conducted themselves as to show that they the wording which Scrutton L. J. is clearly as explicit and wide as no longer meant to be bound by
was considering in Glband's case. the contract without showing such an intention they must seek relief
from liability somewhere in its terms."
CONDITIONS LIMITING
- LIABILITY
SUNDAY
MONDAY
Swatow & Formosa Parcels only for Shanghai.
Fort Bayard Haiphongpannenzeera
TUESDAY
I have said enough on the sub- Ject pt the conditions negativing or limiting ability to make it un-
ecessary for me to express any Shanghal opinion on the further condition Shanghai and Japan, which is in these words "The Com-
The wording in the former case will not be responsible" was held to protect a ballee in Van Toll v South Eastern Railway Company (1862) 31 L. J. C. P. p.241 and any will not be responsible for later in Pratt v. South Eastern goods delivered under delivery In the present case I can ad Railway Company (1897) 1 Q. Borders made out in favour of Chi-
ness, nor for the validity of chl
NOTHING" IN ADMITTED РАСТЬ
nothing in the admitted facts. to indicate that the defendants
p.718
Ord. 8.30 AM
K.P.O.
Reg. 9.45 AN
10.30 AM
Ord.
9.45 AM 10.30 AM
10.30 AM 10,30 AM
1.00 PM
2.00 PM
2.30 PM
G.P.O. & K.P.O.
Service"- Reg.
Ord.
6.00.PM 6.30 PM
5.3 PK
Sun. 23th.
8.30 AM
8.30 AM
Mon, 27th.
10.30 AM 19.30. PM 1.00 PM
1.30 PM
Tue, 28th,
8,30 AM" ***1.30 PM E.P.O.
Beg. Ord.
8.00'
6.30 PM GRO.
Service" Reg. 5.00 PM
Urd. 7.00 PM
EP.O. Reg. 6.00 PM
Ord.
6,30 PM
Ord.
5.00 M 7.00PM
WEDNESDAY
Parcels only for Straits.
Swatow and Parcels only for Tientsin.
wed. Zyth.
#... 9:00 AM 10.30 AM
Salgon, Egypt and Europe Via Marseilles due Mar-Beg.
seilles 28th December,
GPD. & XP.O.
Ord.
11.45AM 12.30PM
Amoy.
Air Mail for “Imperial AirwaysDirect I hold therefore that the ccndinese chops or signatures, and the due London, 6th December, did anything to show that they notions in the godown warrants Company will be entitled to as- longer meant to be bound by their negativing the Defendants labime that the person presenting. contract with the plaintifs. On lity for packages of a value ex the contrary everything that they d'd was done honestly but mis-ceeding HK, $500 is in each case takenly in furtherance and execu- tion of that. contract.
'a good defence to these äctions.
NEXT EXCEPTION
What they did amounts at most The next exception common to to misdelivery without negligence both Defendant Companies 19 in the performance of their con-worded thus; so far as material tract with the plaintiffs. I hold The Company will deliver the therefore that the Defendants are packages only on production to the entitled ds against the Plaintiffs Company of a delivery order sign- to avail themselves of the con-ed by the party who shall be for ditions in their several contracts the time being registered in the limiting or negativing liability. Company's books as entitled to the I pass now to consider whether packages, and the production by the language of these conditions the Company of such delivery or le sufficiently clear and explicit to der shall at all times be conclusive afford either of the Defendants proof that the packages have been protection against the Plaintiffs' properly delivered by the Com claim
pany, and shall exempt the Com- LOCUS CLASSICUS - pany from all responsibility in The locus classicus is the last connection with the said packages. paragraph "of the Judgment of or goods, “
delivery order is the person
lawfully entitled to take de- Airmail for Malaya, Java and Australia by "Im G.PO. livery:"
perial Airways. Direct Service”-dus Sydney, 4th | Reg. December,
Had I to decide that ques: tion 1 should be inclined to the view that, giving proper effect to the rule contra pre- ferentem, that condition would not avail the Defendants in the circumstances of this CREC.
From what I have, already -sald ́It is clear that my judg.
ment must be for the Defen-, dants in both craca and it is unnecessary for me to consider how far the defence of estop pel would avail the Defendants in the circumstances of these
There will be judgment in each case for the Defendant Company with Cost
Straits: Ceylon, India. East and South Africa.. Shanghat
2.00 PM 9.30 PM
MUG.POS "Alr
2.30 PM XPO. Reg 5.00 PM 5.30 PM
5,00 PM 7.00 PM
Alemati for Indo-China, Iran, and France (Paris Ord,
and Northern Provinces only) by the France Airways Direct Service"-due Faris 7th Rog. December
1. Ord.
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