ENC.

BOTTERELL & ROCHE,

SOLICITORS.

J.O.BOTTERELL.

A..SIMON.

H. TEMPERLEY.

And at

SUNDERLAND,

NEWCASTLE-upon-TYNE

and

WEST HARTLEPOOL.

TELEGRAMS BOTTREAUX. TELEPHONE-2331. AVENUE,

C

0. 44135

655

Red 30 NOV 07:

EXCHANGE CHAMBERS,

24, ST MARY AXE.

LONDON, E.C.

The Secretary,

The Colonial Office,

Whitehall. S.W.

Sir,

November 29th 1906

CAINE V THE PALACE SHIPPING CO.

*FRANKLYN*

In this case which will come before the Court of Appeal on Tuesday next having been heard originally by Mr Justice Lawrence on the 27th July, some members of the crew of the "Franklyn" claimed and in the High Court recovered damages for breach of the Articles of Agreement, their point being that they had signed on for a peaceful voyage exposing them only to the risks incidental to an ordinary Maritime venture, and that through the cargo of coal being consigned to the port of Sasebo they would have become exposed to risks that they had not contemplated arising out of the possibilities of the capture of the vessel by the Russian Fleet.

They therefore refused to go on with the vessel to Sasebo and in consequence of such refusal the captain of the vessel summoned them to appear before the Magistrate at Hong Kong, who advised

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