Shipping—Steamers,
THE HONGKONG TELEGRAPH THURSDAY MARCH
1908.
Intimations
MISSIO
NORDDEUTSCHER LLOYD, THE YOKOHAMA DOCK CO., LTD.
BREMEN.
IMPERIAL GERMAN MAIL LINES.
FOR
KUDAT and SÄNDAKA
SHANGHAL NAGASAKI, KOBEĮ
and YOKOHAMA ..............minum)
MANILA, NEW GUINEA, BRIS. KANE, SYDNEY and MEL. BOURNE...
NAPLES, GENDA, ALGIERS, GIBRALTAR, SOUTHAMPTON, ANTWERP and HAMBURG ........
YOKOHAMA and KOBE Bazoo
TO BAIL
STEAMERS
("BORNEO'
Capt. F. Sembill
...) MONDAY,
No. 1 DOCK. Length inside 514 ft. Width of entrance, top 95 ft.; bottom 75 it. Water on blocks, 27.5 ft. Time to pump out, 4 hours.
No. 2 DOCK.
Length inside, 975 ft. Width of entrance, top 80.5 ft. bottom 45.8 | ft. Water on blocks, 26.5 ft. Time to pump out, 2 hours.
HESE DOCKS are conveniently situated in Yokohama harbour and the attention of Captains and Engineers is respectfully called to the advantages, affered for Docking and repairing Vessels and Machinery of every description.
The plant and tools are of recent patterns for dealing quickly and cheaply with work Noon, 16th March, and a large stock of material in always at hand, (plates and angles all being tested by
Lloyds' surveyors),
"PRINZ REGENT LUITPOLD") About WEDNESDAY,
Capt. H. Kirchner
25th March.
MANILA" Capt. J. Menssen
} THURSDAY,
P.M., 16ih March,
| PRINZ LUDWIĆ” *****
Capt. F. v. Hinzer
FRIDAY,
5 P.M., 27th March.
"Prinz WALDEMAR
Capt. W. y. Sendes ..................)
About FRIDAY,
3rd April.
For further Particulars, apply to
NORDDEUTSCHER LLOYD
Hongkong, rath March, 1908,
MELCHERS & CO.,
GENERAL AGENTS,' HONGKONG & CHINA.
WEST RIVER BRITISH STEAMSHIP COMPANIES.
THE Steamers
HONGKONG WUCHOW LINE.
* LINTAN" and "SAN-UI"
BAIL FROM HONGKONG TWICE A Week and Complate the ROUND TRIP IN 6 DAYS. These steamers have Excellent Saloon Accommodation, and are Lighted Throughout by Electricity. THE CLIMATE ON. THE WEST RIVER DURING THE WINTER MONTHS 15 VERY FINE AND EXHILARATING,
For further information apply to-
Hongkong, and November, 1907,
BUTTERFIELD & SWIRE, AGENTE, WEST RIVER BRITISH 5.S. COMPANIES.
Two pawadul Twin Screw Towboats are available for taking Vessels or out of Dock, and for taking Sailing Vessels in or out of the bay. "The fipating derrick is capable of lifting 35 tons.
Steam Launches of Steel or Wood Lighters, Steel Buildings and Rools, Bridge Work, and all kinds of Machinery are made on the premises.
of thesea for several years, -all
will become rotten and decayed and
FOR THE LOSS OF HUSBAND useless, while steel work, the boil
AND FATUER.
IMPORTANT LEGAL DECISION..
Tenders will be made op. when required and the workmanship and material will be was a servant of the Osaka Shosen Kaisha. guaranteed
་
The cost of Docking, and repair work, will be found to compare favourably with that the Methodist Mission, and as, according to of any port in the world.
Telephone: Nos, 878, 608, or 881,
and of
elaborate fufings, sails and riggi also ba usaless for, pract Court" therefore concludar that? the
appallauts Offered ato „Kumagana marw, the property "most have bead useless, and that
steamer could not be in the state att voyage contemplated by the Article, lo the Commercial Code" The proposed, abandon- ment was therefore insufficient to free the ap- pallant company from its liabilities in this case. This conclusion rendered it unnecessary for the Court to decide the question as to the Abandonmant to the respondents of the com pany's claim against Toda Takemaro (Master of the Kumapawa-maru) for damages for the loss of the steamer, as offered by the company.
voyage
At the time"
The lengthy litigation regarding, the respon- xibility of a Japanese steamship company for the drowsing of passengers came to an aud (unless there is again an appeal to the Court of Cassation) on the ared February, when judg. meat was delivered in the Osaka Appeal Court, This was an appeal from the decision of ibe Osaka Chihó Saibansho, delivered as long ago at March 13th, 1405. The Rev. H. G. Appenze ler, of Lancaster, Pannsylvania, U.S.A., was a missionary working in Korea. He was op board the 0.5.K. Kumagawa-mar journoying along the const, when that steamer came into
Dealing in further detail with the arguments. collision with the Krogawa-winry, also belong. "log...to the Osaka Shosen - Kaisha, near Chemulpo, the Kumagawa baing suck advanced, the judgment says:-The appellants and the reverend gentleman, being among abandonment need not necessarily be made at (usaka Shosen Kaisha) maintained that the, the drowned. Suit was brought against the end of the voyage, but could be carried the Osaka Shosen Kaisha by His, Appenzeller and her four children claiming damages for out at any time, and that it would naturally the loss of husband and father, and the deci. follow as a logical conclusion that even if the sion of the Chito Saibansho, or Court of First object abandoned at the end of the instance, was that the Osaka Shoren Kaisha was not in the same state should ply YB,000 to each of the plaintiffs of abandonment, having "meanwhile. been (Y40,000 in all). In bringing the suit course! subject to "wear and tear, the receiver of for the plaintiffs urged that the death of the the abandoned object must accept the object abandoned. But, continues the judgment, missionary was due to negligence on the part of the captain of the Kumagawa mari, who while the legal meaning of Anticle $44 in that the object can be abandoned at any time, not The missionary at the time of his death was necessarily at the end of a voyage, it must be in receipt of an annual salary of $1,650 from understood that the object offered is in the "samo state as it was at the end of the voyage when the objection was incurred: When the the law of averages, he would have lived 241 object of abandonment is not in the same state years longer, the plaintiffs claimed an amounts at the end of the voyage, and has become equal to the salary which would have been useless for further service, as in this case, if♫ due to him, amounting to Y80,850. In addi tion they each claimed Y6,oco damages as per auch change in its condition be due to the sonal redress for their bereavement. In giving working of natural laws, then the appellant judgment, it may be remembered, the Osaka Company cannot free itself from its liability by ́abandbolng" the vestel. Judging by the ex- Chibo Baibabsbo pointed out that from the explanations gives the judgment of the Oraka hibis put in by the plaintiffs it was clear that Chiho Saibansho, by which the appellants were the mission after the death of Mr.. Appenzellesys,coo within the limit of damages suffered by It was also clear that the plaintiffs had been each respondent (Y22,170), which is admitted living apart from the deceased, who if he had by the appellants, together with legal "interest. lived would have required some part of the from the date on which this action was in- salary claimed for his own maintenance., Instituted, is a proper decision, and the appeal view of these facts, the damages asked for were
must be dismissed as groundiess, regarded by the Court as excessive but in coo sideration of the subappy position of the peti tinners, who were now widowed or fatherless, and the conditions of life in America, the Court deemed it proper that compensation should be granted at the rate of Y8,00, for; each plaintiff, The Osaka Shoten Kaisha appealed against this judgment, and on July 19th, 19:6, the Osaka Appeal Court quashed the decision and CO. dismissed the claim. In making the appeal the Otaka Bhosen Kaisha admined all the facts advanced by the plaintiffs, and the justice of the claim, but said they were prepared to abandon the Kuwagawa-mars; lying at the bottom of the sex off Chemulpo, to the plaintiff, and thus free themselves from liability, accord ing to Article 544 of the Commercial Code,
Telegrams, "Dook, Tokohama," Codes A. B. 0. 4th and 5th Edt.
Liebers, Scotts,
Yokohama, May 23rd, 1903,
A. Land Watkins,
Lay
IMPERIAL BREWING COMPANY, they were entitled to receive some money from ordered to pay to each respondent
LIMITED.
PURE CREAM BEER.
For samples and prices please apply to
WINE GROWERS SUPPLY
BARRETTO & CO.,
Hongkong, 22nd October, 1907,
[17
Don't Worry.
REGULAR HONGKONG-CANTON LINE OF
STEAMERS
OF THE
COMPAGNIE FRANCAISE DES INDES ET DE L'EXTREME ORIENT.
5,5, "PAUL. BEAU,” 1,900 tons, 14 koots/
&S. "CHARLES HARDOUIN,” 1,900 tons, 14 knots.
The speediest, most luxuriously appointed and punctual steamers on the line. Departure from Hongkong at p.30 P.M. (Saturdays excepted)," Departure from Canton at 5.15 P.M. (Sundays accepted).
Those superb steamers carrying the French Mail are fitted throughout with Electric Light and Fans and were specially built for this trade. Excellent cuisine.
The Company's Wharf is at the end of Wing Lok Street (Tram Station). Caaton Agents:-Messrs. E. Pasquet & Co.
For further particulars, plosão apply to:
Hongkong, 5th April, 1907.'
BARRETTO & CO.,
Agents.
JAVA-CHINA-JAPAN LIJN.
TJIMAHI...... -JAVA TJIBODAS
TJILATJAP...
REGULAR THREE-WEEKLY SERVICE
BETWEEN
JAVA, CHINA, AND JAPAN.
Will leave for
1
General Agents.
Don't Worry.
WHY WORRY?
CONSULT
PHAROS.
THE MYSTIC AND MODERN ASTROLOGER YES, WHY WORRY?
About your]Business, Health, Pleasures, Friends Abroad, your Love Affairs and Chances in Life...
Yes, Why Worry? Consult Pharos. He is able to advise you, Console you and Warn you. His ambition in this life is to help those in trouble, and must not be classed with the run of Palmists who use their Suppored Giffs to make money. Pharos is independent of this, Will ing and able to help all in trouble and relieve their anxiety to the best of his ability and experience.
PHAROS HAS A MESSAGE TO YOU.
*
You are anxious to put your son to a business that will prosper. Will your daughter be [ happy in het married life? You are in love. Have I made a wise choice in mate? Sbail
take a partner into my business? Should I be wise in going abroad? All these questions Pharos can answer and advisa by the aid of astrology, Why not put this to the test. Send P. O. value 1/- and addressed, stamped envelope to-
PHAROS, DEPT, 14, 45 UNION STREET, GLASGOW
with your Birth Date, Full Name and Title and Town or County of Birth if possible, upon receipt of same Phares will send you a written Test Horoscope.
With the abové Pharos will send you Faze a WRITTEN FORECAST OF YOUR FUTURE.
PICTORIAL POSTCARDS...
100 ASSORTED Scotch, English & Irish Vinws, etc., for 116.
1,000
and Comic Cards for 15).
Steamer.
From
Expected on or sboat
On or about
First half
Mar.
"TJIPANAS
JAVA
JAYA
`JAPAN ‚'
First half
JAVA
JAPAN
Second half
Mar.
First half
Mar.
Mar.
Second half
JAVA
Second half
Mar,
Mar.
Second half
JAVA
Second half
Mar.
Mar.
31].
TJIKINI...]
JAPAN
Second hall
JAVA
Second half
Мат,
Mar.
TJILIWONG.
JAVA
First ball
JAPAN
First half
April
April
The Steamers are all fitted throughout with Electric Light and have Accommodation for
a limited number of Saloon Passengers, and will take Cargo to all Netherland India Ports
on through Bills of Lading.
For Particulars of Freight and Passage, "apply to
JAVA-CHINA-JAPAN LIJN.
Talaphone No. 375,`
YORK, BUILDINGB, 1st floor,
Hongkong, 29th February, 1908.
TSIN TING.
Dentistry.
LATEST METHODS OF DENTISTRY,
STUDIO
Dr. M. H. CHAUN,
THE LATEST KETHOD
AMERICAN SYSTEM OF DE
Actresses, Booga, Animals, Lovers
English and Continental Actresses hand tinted real glossy Photographs 15/- per gross. CHRISTMAS & NEW YEAR CARDS well ASSORTED parcel,
100 Cards for 5/- Value id, ad, 38, ed and 60 each,
500 ASSORTED Cards for zo/-,
I gross Jewelled Cards for 9/-,
Foreign or Colonial Stamps not accepted. Kindly send Money Order.
BRITANIA POSTOARD 00., 45, Union Street, Glasgow,
EYES
RIGHT!
N. LAZARUS, OPHTHALMIC OPTICIAN, CORNER OF D'AGUILAR STREET AND QUEEN'S ROAD.
your eyes' dres of charge, and if they are wrong will pat them right,
All kinds of Repairs Spectacles for all requirements. Ask, or write, for Hlustrated Booklet on "Dafectiva Sight
which says:
"A shipowner can free himself from liability for acts of the master does within the limits of legal authority, or for damage to oiber persons -caused by the acts of the master or another mariser in the performance of their duties, by, abandoning at the end of the voyage—to a creditor the ship, the freight, and all claims for damages or commission which have accrued. to him in relation to the ship; unless he himself is in fault."
to
The Osaka Appeal Court upheld this con. tention of the defendants, and quashing, the previous judgment ordered the Osaka Shosen Kalsha to abandon the wrecked" "steamer" i plaintiffs, but ordered them to surrender all rights on any insurance money for that vessel. The plaintiffs (the family of the deceased) appealed from this decision to the Supreme Court, which upheld the appeal, and on March 6th, 1907, quashed the decision of the Court below, sending the case back to the Osaka Appeal Court to be re-tried. As a result of the re-trial the Osaka" Appeal Court has now dismissed the appeal and upheld the decisión of the Osaka Chibo Saibanabo, awarding Y8,000 to each plaintiff.
am of
The judgment is signed by Judge Ishikawa Sei, presiding, and Judges Fushimi Masão, Obata 'Nobuatso, Kilasawa Hideo, and Ikeda Takuzo
It may be added that the hearing of this case was first opened in the Osaka Chibo Saibanško as far back as September 18th, 1905, and judg- nient in that Court was given on March 13th, go6: the beating of the appeal was commer ced in the Gunka Appeal Court on July 5th, 1906, judgment being given, on July 19th in the same year. An appeal was filed in the Supreme Coun on August 28th of the same year, and it was heard on February 17th, 1907, Jedgment being given on March 6th, by which the case was sent back to the Osak Appeal Court to be re-tried, with the resuls necessarily end here, for the decision of the Osaka Court just given may be taken on appeal to the Supreme Court, which may again, refer it to other Court for sa-trial-Japan Chronicle,
stated above. The case does DOR
Auction,
PUBLIC AUCTION.
Tfrom Mrs. W. DANBY, to sell by's
HE Undersigned have received instructions:
PUBLIC AUCTION, FOR ACCount of the EstATE OF THE LATE W. DANBY, TOMORROW,
་་
the 13th March, 1908, st = P M., at No. 5,. Queen's Gardens, Peak Road,
THE WHOLE OF THESE. VALUABLE HOUSEHOLD
A large quantity of PLANTS in POTS; AND
One COTTAGE PIANO by Çöllerd and Collard. London, One IR JN SAFE, and Oas RICKSHA,
Catalogues may be had on application), On view TODAY. A TERMSA eval
FURNITURE, THEREIN CONTAINED,
Comprising
·SIEK-TAPESTRY-COVERED-DRAW.. ING ROOM SUITE, TEAKWOOD WARD..... ROBES with GLASS, OVERMANTELS, DINNER WAGGONS, TEAKWOOD EX- TENSION DINING TABLE and CHAIRS, TEAKWOOD SIDEBOARD_with_ GLAN”, In giving reasons for its judgment, the GLASS, CROCKERY and EF WARE, Osaka Appeal Court points out that in the ENGRAVINGS, & quantity of BRONZE proceeding of the appeal the Osaka STATUETTES, INCENSE BURNERS and "VASES, GOLD CHINA, CARPETS, Shosen Kaishe did not protest against the
MARBLE-TOP WASHSTANDS, DRESS- contention, of the respondents (the familyING TABLES, Double and Single IRON of the deceased) that the steamer Kumaga BEDSTEADS and BEDDING, SHANG, mard owned by the appellant company, through HAI BATHS, &c, &c. SAL ALSO delinquency on the part of her crew came into coflisica with the steamer Kiangawa-maru off Orci liland, Korea, and sink, or that Mr. Ap, penzeller, the huqbind and father of the res pondents, who was a passenger on the wrecked. steamer, was drowned, nor was it contested that each of the plaintiffs held the right of claiming against the appellant company a sum of Y6,toa as compensation for the personal. Ioss siriained by the death of the busband and father, together with the sum of Y16,170 as damages-Ys2,170 in all. In considering the question of the legality or otherwise of the abandonment of steamers, &c., with the object of freeing the appellaots ··· from the liability claimed, the Court finds that no other provision is made in the Com mercial Code beyond those stated in Ar ticle 545 respecting the limit of the time for abandonment. But it is quite plalu from' Article 544, which contains the proviso "' at the' end of voyage," &c, that the ship and other property, must be in the same state at the end of the voyage as at the time the obligation was steamer Kumagawa-marii, lecared. The (which the appellant offered to abandon In favour of the respondents in this case, sunk in June 1952 and was abandoned for the first time In April 1906, while in February 3907 13 was abandoned in favour of the respondsols, ..
between the foundering
the sermo
HUGHES & HOUGH,
Auctioneurs,""
Bongkong, 12th March, 1908:
For Sale
SWATOW DRAWN WORK OQKPANY, WELLINGTON STREET,
Dealers in all kind of“ HAND-MADE DRAWN CHINESE
LINEN, GRASS
All of the best qua
ALIO SWATOW BEST
CANTON,
Hosk