1905-10-30 — Page 5

** THE SAY OF SADS"

Abbey's Salt

Effer-

ve

The disagreeable features of travelling can be overcome when you have a bottle of Abbey's Salt with you.

A change from the daily routine of living brings Head- aches, iliousness and Con- stipation, which are so fre- quently incidental to travelling Abbey's Salt will almost instantly relieve you of these disturbers of pleasure by its soothing effect on the Stomach, Liver and Bowels.

Sold in two sizes by all Chemists and Stores, and by Watkins, Lad., and A. S. Watson, ltd- Hong Kong

The Athey Fruit Saline Co., Ltd., 144, Queen Victoria Street, London, E.C.

1219-8

SHARE REPORT. Messrs. Erich Guorg and Co. in their weekly simre list. dated the 28th October, 1005, say :- Only desultory business has been done during the week under review, and, with the exception of Marine Insurance shares, Shells, Wharves and Comente, dhe tone is anything but streng. Money remains Cght, and the high rate of exchange lug boon the cause of withdrawing money from the elony. The sterling demand rate on London is 14. 11, while rates Shanghai are unchanged Barsilver in London is quoted 29 15:16d, and Consels 288 1/16.

BANK SHARES-Hongkong and Shanglinis Nok at $9071, at which rate there are further sellers; the London rate is £93. Nationals sold awl are waated at $5.

BIG PROFITS.

SPIRITA POR THE RUSSIAN TROOPS,

want

the

THE HONGKONG DAILY PRESS, MONDAY, OCTOBER 30тú, 1905.

1212

The only furthe question raised in the defonce is: Are the defendants entitled to a set off for 1 tasks for storage from the of February? Now the right to claim this ou whether the plaintiff was bound to depende take delivery or not. As I have found that the offer to hand over these goods was not made in a reasonable time the plaintiff is not hound to take delivery and this point does not arise.

In the course of the judgmont, Mr: Symonds said that he was instructed that the railway between Chinaangtae and Tientsin was not the property of the defendants,

NAMES OF THE C.P.R. STEAMERS.

GREGOR

&

CO.,

34, QUEEN'S ROAD CENTRAL, 1ST FLOOR.

CHIANTI

WINE

FROM U. FAZZINI, FLORENCE.

89.75 per case,

GOLD MEDA L

AT ST. LOUIS EXHIBITION.

It is fortunate that CPR. enterprise in patting big liners on the Atlantic is not to be crowned with the absurdity of naming two of "Empress of Germany and them the

Empress of Austria." rowarks the Tercute World, The company's final decision to name LATEST AWARD: them the Empras of Ireland and Empress of Britain is a distinct improvement and is io no wise objectionable, but is it not possible for Canadian democracy to furnish forth samos for our negosies without troubling real and imaginary crowned heads of Europe ? Tha ships which the C.P.R.. with commendable branes zeal, are putting in commission on the the fruits of u groat railway Atlantis are enterprise, built up by the Canadian people, and the names of the liners might reasonably be Canadian in their origin. Why not calf them after a Canadian province, Canadiso Isko, or Canadian river, or a Canadian city, and advortiso Canada's maritime graators, as the United States and the maritime countries of Earope advertise theirs?

SPECIAL

AFPOINTMENT TO

• MAJKETY THE

KING

WM-WHITELEY LTD.

Universal Providers, WESTBOURNE GROVE, LONDON, W.

THE BIGGEST STORE IN THE WORLD.

HIGH QUALITY, MODERATE PRICES. PROMPT ATTENTION,

General 1ustrated Catalogue (igh pages), DE any Departmental Last sent brea is hand-p

"applica

819 KOWLOON CUSTOMS NOTIFICATION- WRECK IN CANTON RIVER.

НЕ

THE Chinese Torpedo-boat Ti Fu (R)

delivered to the plaintiff, whereof the plaintif¡ wot items amount to $450. This was on the had notice." Now the duty of the defendants is whole cargo, of which out of 444 cases 250 to deliver in a seasonable time. In the conduct were undelivered. The cost of freight and of this case not a word has been said to show duty works out, therefore, at about $1 por case. At H. M. Supreme Court at Shanghai on that these goods were tendered in a reasonable From the evidence before me I have worked out the Shanghai valne of the lost goods plus 33rd October, Mr. Justice de Saumarez gave time and I should imagine that the point hai judgment in the case of I. Haimovitsh . the been abandoned, but in case this is not so I ora freight and duty at $2,000 and, considering the Chiness Engineering and Mining Co., Ld. prepared to hold that these goods, lying within special state of affairs at Chiangtao at the Is Lordship said-This is a cass which has a day's journey of where they ought to to ed of December 1904 and during January ariset on secount of the late war between Russis ferdered, wore not tendered in time. Paragraph 1905, I feel sure that such goods as these in and Japan. During the course of military six shows nagtigenes on the part of the defend. Chiawaugteo must have been worth 50 per operatious the opposing forces were round ants in this case, as they were not able to say coat more. Is the damages, therefore, at Makdon, and when there the Russian army waAS where 24 of these casos had got to. Paragraph $1,000. There will, therefore, bo judgment for within easy reach, by rail and one day's carting.

seren says:

The plaintiff was negligent in the plaintiff for 83,000 and costs. of the port of Chinwangtao. The goods want failing to make onquiries at Chinwangtae with! by stearer to Chinwaugtas and then by rail to in a reasonable time." It was admitted to me fanmintun, and than in twenty-four hours to that his first demand on the 3rd of January was Mukden by cart. Now this was a transient state in time, and I have come to the conclusion that of affairs as illigerent operations usually are, the plaintiff's evidence as to the enquiries which i a certain number of enterprising people he made must be takon a substantially societ determined to seize their

opportunity, The defondants had an ever-crowded office and and

to make what they could wat of they appear to have tried to cope with a very the condition of affairs which, as I have said, largo and extensive amount of work with su and which I want to point out again, was a inalequate stoff. Mr. Mathiesen, there is no transient one. The plaintiff bought goods in doubt, did his best; they wore working day and Shanghai and took them up to Chinwangtao, night and the evidenca is that there were twenty The nature of thess goods was spirits of different or thirty men in the office at Chinwangtao at The price actually paid by the one time. Paragraph eight states rally that in Shanghai ie not material except s

pt an all claims that may arise in respect to goods helping me to me to a conclusion as to the shipped by the company's steamers must This amount of damages, because what I have to be made at the port of delivery.

Thon (b),It is specially determine is what was the real market value of was abandoned.

cases than goods and not what the plaintiff paid for stipulated and agreed that in all thom, more or lese. These goods he shipped ou of loss or damage, or short delivery of a the d Tondauts amurr Oplant on the 19th of or the whole of, que aonde er zerchandise December, on two bills of lading one for 115 shippert hy the company's steamers the amount dass and the other for cases. This steamer of claim shall be based upon the market prian roached the port of Chinwaugtas on the at the port of destination, on the date of the 3rd of December. Christmas tinc was ship's outry, less freight, duty, and other coming on and the attendant holidays, and chargos. The company shall not be liable for the plaintiff decided, in order to save time, loss in market value arising from miscarriage to go straight on to Tientsin and ther or late delivery." Now that practically fixes get the authority, which he needed to travel the way the damages are to be assessed and I into the interior, from the Chiness authorities shall come to that again, when I come to the He returned to Chinw ngtau laring the first question of damages. There remains clause C" which states: "all goods must be distinctly day or two in Jaury, and on the 3rd of

to correspond January ho mado au application to the agents anrked, the marks and numbers of the defendant company for his goods. He with the bill of Jading otherwise will not rot the usual order on the godown man and a responsible for detention or wrong deli- paid his Castorns datier, and went to the godown very. Now if these gorls had gone astray because they word insuficiently tearkel that and found :50 enses were missing. Ho tonk

would be sufficient, but they wore the majority delivery of 195 cases and went up country and sold them at a very considerable profit to of them-obviously properly marked that in himself. He appears to have told the dafan those on the larger bill of lading, whil as to the small bill of lading the goods were shippad dants' agent at Chinwangtao at once that the roads were not. forthcoming and ap and no complaint was made as to the marks ut ibe eristatice of the port of shipment, and looking at the parently, according to

the MARINE INHURANCE SHARES.-Unions sold the plaintif, they promised to make on negligent way in which they were put in the

golowa at Tiestin I ennnot came ta at $750 and $755, and a few shares are wanted guiries at Tientsin. The plaintiff

i the latter rate, China Traders have less up country and sold his goods, he came back conclusion that it was through insufficient another application for the 250 cases marking that they were lost, and I cannot find done at $87 to 898, and shares could be placed as the higher figura North Chinus toki at Th

bbat were missing. He made several applica-usything in the defendants' faveur on that issan. i en divistond, but have since bron placed at tions for this remainder and finally, on Tis. 91, ex the dividond of 76d. per share 29th of January, as he could not get them, paid on

on 5th instant in Shanghai. Kungis she said: "I shall go to Shanghai sul make are quiet at $172. Cantons sold at 83271 to my claim," and he did so. The evidence called $530, but at latter rate shares can be had.

by the defendants incinded that of Mr. FIRE INSURANCE SHARES-Hongkongs, Mathiessa, who gave his evidence most clearly aftor a small sale at SKF, are quist with sellers and most fairly, and if everybody gavo their at $340. A few China's have been done nt evidence as ho gave bis, it would be a pleasure to try casos. "I gathered that there was a

Now I come to the question of damages. In great number of people engagal in this business

this ca in which a carrier is sued for who could not. road. Mr. Mathisen told me

Fome non-delivery it is very material to see, when that he spoke four languages, atd of them who came to his office could unt there is a particular claim made in consequenca He told of a particular stats of coarket at the place understand any of these four. inn be did not know the plaintiff until when he of delivery at the time, whether particular saw him in Court be recognised him. Ho was notice was given. In this case there was At the time of the war not particular notico and it has not Leon perfectly fair about it. he had some twenty people werrying him at the shown that our constructive notice was given same time, and I esaret bat come to the com. The defendante have shown me this out desion that this was did make these applica of all the goods shipped by the Oplont tions, although Mr. Mathiesen in the press of the majority wore sent to Tientsin and business forgot him. The plaintiff went up they were treated under ordinary circumstances country and made large profit on less than as such goods would be treate. · Carriers ara half of the goods, and he is not likely not to entitled to know what risks they are noter- have made application for the remainder of taking. If they do not do so they cannot say thma. I think accordingly that after making to themaolves "We know what we have shipped half of these goods that and what we have got to replses at such a port over $2,000 proft he did make applications for them, as he sail either in kiud or money," and they are not to be called upon to pay for risks which they can- he did.

Now let us traen these goods. On their arrival not possibly have had in contemplation at the at Chiawangtae, which is a port practically time they made the contract to carry. Now, if belonging to the defendants, the goods were I were leaving this case to a jury, I should say put into the defendants' own tracks and sent the plaintiff is not entitled to recover from the by defendants' railway to defendants' godowas carriers the profits he would have made if the Tientsin. On arrival the train was shuuted goods had been delivered at the proper time, but he is entitled to recover the difference bodily into these godowns and the goods were taken out. fly these trains to Tientsin there between what the value of the goods carria would have been if they had been delivered must have come, one time or another, 24 cases which ought to have been delivered at Chinwang.at the proper time and what the Fulas of tao, whereas they were carried on to Tientsin. them was when they were actually delivered (Wilson v. Lancashire an Yorkshire Railw). osses were clearly marked Most of thos

C.W.T" and "Haimovitch" and the smaller As they have not been delivered, the damages number were not so clearly directed. Hora will amount to the value of the goods at Chin- we have 245 cases which were unloaded at wangtao at the time they should have been Tientsin and which were a large heap of goods delivered and that is practically what the lying for one mouth in the defendante defendants have made a condition of their bill LANDS, HOTELS AND BUILDINGS-Small godowns there, unclaimed by eurbody, and of lading, which is, that the amount of the lots of Hongkong Land Investment and Agency so far as the bulk of them is concerned, eleita shall be based upon the market price at were not wrongly addressed, but addressed to the port of destination on the day of the ship's Compsuy's shares are inquired for at $127 10

.". The difficulty in this case is to use AË $128. Kowloon Lands have buyers at 840, while another place, and yet no notice was taken entry."

I find it was the damages, even though the basis upon which West Points coutinne on offer at St. Houg of them by the defendants.

The point kang Hotels are asked for at $147, and we would not through insufficient marking. The reason they are to be asessed is clear. not be surprised to see the stock quoted $148 giren by the defendants, according to the state that the plaintiff seized a romsut when the presently. Humphreys Estate and Financement of one of the witnesses for the defenos, is goeds were particularly valuablent Chinwangtan Company's shares sold in fair lots at $13, but that 200 cases might come into their yard what may I called the beginning of a very short at that rate there are further cellare. Shanghai without being notice, as on the arrival of a and Inerative eason, when the goods could not Loads have sales and buyers at Ts. 122.

train in Tientsin the goods were tallied as far be replaced by purchasing others of a similar COTTON MILL-Ewos sold to Shanghai nt

as possible, but as they had been checked in nature in Chiawangtas. At that moment they Ths. 55, but the market is a little easier at Ts. Chinwangtas they rolled a good deal on that; were particularly valuable and they continued 51. Internatioacks are good in Shanghai for as soon as the consigaces knew the steamer to be valuable for the month of January, during Tls: A Lou Kung Howa Tle. 60, and had arrived they called at the office and claimed the whole of which the plaintiff was ready to long Sosychees Tls, 250, Hongkong Cottous have their goods. It is this practice, no doubt, take delivery retained on the spot as

claiming thoir through consignes not

as he thought it was of any use and then left sellers at 8145.

has rendered the mistake for Shanghai, saying he would make a claim SUNDRY MANUFACTURING COMPANIES goods, which Albambras can be placed at $100, and China which has occurred in this case possible, there. Then I bare the following material on According to Mr. defendants are not entitled, of which to assess damages Light and Powers at 898. Hongkong Electrics but the

own wituary, the are steady at $15 for old and $4 for now they seem to wish to do, to take advantage Candle, the defendants' shares, suraholders in this company have been of that. It is business to deliver these goods at brandy was worth in Shanghai from 3 to 4 notified that the final call of S5 per share on the proper port of destination and if I find Tis. I take it at Tie. 34. The plaintiff said the new issue has been made and is prayable at the these goods in a godown which is not at the he paid more, but produced no invoices.

little less. Desides this company's office on or before 1st December, port of destination, and they took absolutely no ram cost him 1905 shareholders are requested, when paying steps to send them back, I can only come to the rum there were 40 cases of rum bought from George at $13.25. and invoices from Taster the above-mentioned call to send to the com

conclusion that there is negligenca iu the case.

and Co. and the Oalasiatische Handels Gesell- Now under these circumstances, beforo pro- pany's agouts their provisional shara certiteatos for endorsement. Dairy Farms have sellors coeding to question the measure of damage, I schaft. It is suggested by the defendents $17. Groon Island Cements sold at $20 to will look seriatim at the different points in the counsel that I should treat these invoices as defence set up by the defendants. The first four fraudulent, but he has not advanced the least $291, and are in demand at the lower figure.

MISCELLANEOUS.-Cbius Providents have paragraphs I mol not go into. In paragraph reason for my doing so and I entirely refus been done at 50 in fair quantities. Lankats buvo five the defendants say they are ready to to conclude that the plaintiff is committing dropped in Shanghai to sales at Tis. 23), but at deliver; The remaining 925 cases are in the perjury on counsel's bace suggestion. Freight that rate there is a further inquiry, also locally: defendants' godown at Chinwang tao at the was paid amounting to Ts. 125.08 and duty Haikuan Tis. 192.37-in round figures these the following telegraphicinformation, dated 18th plaintiff's risk and responsibility, ready to be instant, has been received from the Sumstra Daily director and manager at Langkat. aggregate output of ornds petroleum 36,000 gallus orade potroleum in tanks at date 110,000 gallona; korosine made since the date of the preceding half-monthly telegram 79,000 kerosine shipped since 65,000 cases; and kerosine in stock at refinery at date 54,000 cagee." Old Laundries changed hands at $8. Watkins fotobed $5, but more shares are pro- curable. A. S. Watson's are work with sellers at S14, while Powells continue to be ou offer at $11

*SHIPPING SHARES.-Hongkong, Canton and Macro Stosinbont Shares are on offor at 50. Indes, after sales at 805, can be got at that figure, London quotes £9. 108. Ca., and Shang hai T. 67 sales. China and Maniles are wanted at $18, and Douglases at 831, aftor sales at that rate. Star Ferries are on offer at 32 for old end $25 for new bares, Skell Trocsperto have been done at rising rates, up to 23s. 6d. basing toon paid, which is also the Louden rate. Hoogkong team Waterlaats art obtainable at $14.

REFINERIES-Under pressure of settlement shes, the market for China Sugars has do

lined further, sales have bron effected at 223 tos, and there no sollera at time of writing at 29; people seem to think well of the stock for five or six mouths ahead, but the difficulty which attends tim business at the moment prevents any transactions to speak of. Inzous ars wanted in small lots at $15.

MINING SHARES.-Withoutany transactions: Raubs, however, ATO wanted at $31.

DOCKS, WHARVES, GoDowns, &c.-Hong koag and Whampce Docks changed bands to e small extent at $180, but no further shares are available at this rate. Fenwicks, as well as New Amoy Dock Shares, are unchanged Farnhams have declined further, and down to The 140 for cash, and 1ls. 150 for and of Marot has been accepted; at the close there ars cash sellers at Ts. 140, and buyere Tia 1874, both locally and in the north. Hongkong and Kowloon Wharves sold at $1071 to $108, and a few shares can be placed at the higher figure. Shanghai and Hongkow Wharves are quoted Tis. 190 steady.

PURE FRESH WATER.

at

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Call Flag W.

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Hongkong, 8th August, 1905.

The

sunk in Canton River is marked by a junk which carries a red flag by day, and two. white lights (one under the other) from one yard aria and one white light on the opposite Ro on the side of the two lights The junk; is yard arm by night. Vossels passing should do mored close to the wreck in 20 feet low water,

The bearings are:

North and of LANKIT ISLAND

N. 56 W. about 54 miles. CHEUNEI POINT N, 23 W. about

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T. E. COCKER, For Acting Commissioner of Castɔms, Kowloon District, Custom House,

Kowloon, 25th October, 1995.

HONGKONG

2422

BUSINESS DIRECTORY.

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"THE EAST OF ASIA."

(Published Quarterly.) YONTAINING Articles of Special Interst Profusely Illustrated, descriptive of the people, Customs, &c., of the Far East.

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