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INTIMATIONS

INSURANCES

THE HONGKONG DAILY PRESS, MONDAY, DECEMBER 16mm, 1907...

S. MOUTRIE THE GLOBUS INSURANCE COMPANY

& CO. LTD..

NEW SEASON'S MODELS

JUST ARRIVED

BABY GRANDS

AND

COTTAGE PIANOS

Br

BLUTHNER, RUD.

"

IBACH,

RACHELS, PLEYEL,

AND

CHAPPELL ROSENKRANZ &c.

INSPECTION INVITED.

SOLE AGENTS:

8. MOUTRIE & CO, LD,

York Building, Chater Road. 138-2 Hongkong, 18th November, 1907,-

SANITARY BOARD OFFICE, Hongkong.

To the OWNERS OF DOMESTIC BUILDINGS MAKE NOTICE that under No. 5 of the

TDOMESTIC CLEANLINESS and VENTILATION BYE-LAWS (as amended), every domestic building or part of such building within the Westers Division of the City of Victoria, occupied by members of more than one family must be CLEANSED and LIME-

OF HAMBURG.

THE Undersigned, having been appointed AGENTS for the abors Company, are prepared to ACCEPT RISK8 against FIRE At Currant Hates

SHIPS AND CABLES

-INTERESTING SHANGHAI CASE. -At H. M. Sapreme Court, Stanghal, on December 7, Bir Havilland de Saumares heard a case of interest to shipping firms. It was the suit of the Shanghai. Mutual Telephone Co. Ld. 17. Megara. Butterfeld and Swire.

Mr. J, C. Hanson appeared for the plaintiffs defendants were represented by Mr. W. A. C.

Platt. CAELOWITZ & Co. 29 Hongkong, 18th August 1906.

ORTH BRITISH AND MERCAN NORTH BRITANCE COMPANY.

TOTAL FUNDS at 31ST DORME, 1905 | Oz the question of the captainsel cited ment be heard the whistle of a ship, and being

217,837,119,

1. AUTHORIAnd CAPITAL... £9,000,000 SUBSCRIBED CAPITAL 2,750,000

887,500 0 0 PAID-UP CAPITAL...................TE

3,336,750 19-8 II. FIRE FUNDS,

The Undersigned, AGENTS for the above Company, are prepared to ACCEPT RISKS against FIRE at Current Rates.

SHEWAN, TOMES & CO., Agense.

1146 Hongkong, 27th April, 1907,

AACHEN AND MUNICH FIRE IN- SURANCE CO.

OF AIX LA-CHAPELLE

captain law another vessel in front of him which he had been following all the time, mancnering so se t'i render a collision not un- likely. He might have passed ahead of her; bat he elected, and no one suggested elected, wrongly, to anchor. He anchored in a perfectly. to- safe place. Hoewang into line with the Clin wards the wharf where he was finally coming and then, intending to drift up the river to, he mancaved in sach a way as to avoid the the Cho, He noceeded in getting oleat of Mr. Platt said that the first question that Clio, and was in a perfectly safe place, his arose was, what were the legal rights of both engines having been going sateru, and about laža course to his own wharf. If, there ship to the case of the Submarine Telegraph fore, acthing further had happened, there parties? On this point he referred his Lord to heave up his anchor and contiane on was absolutely rotting to show that he would Co.. Dizon and another (33-LJ, C.P.D.)

But at that mo knowledge of have fouled this cable. the, whereabouts of the cable the case of the Octavia Stalla (GASP at sucker ho razg his beli. He heard another

Seriae, P. 183). Was the Pekin New

signal which would make him think that the using the passage in the ordinary way.

with three blata, to show that he was going with pradence (The Clara Kills, (L.R. other ship was going astern, and he then replied Admiralty P. 161). Counsel submitted that stern too. He took subsequent manoeuvres in consequence of the oncoming vessel. Hin Lord-

the it was quite clear that the defendants had to

coming vessel, and not neglect to anchor at an. navigate their abip with ordinary care and prudence, but on the order band plaintiffs had ship thought that the causa casus was to do all in their power to give notice of the earlier period of his course. Now be same to what must always be difficulty in thea position of this cable to shipmasters. There were

cases-a diffoulty be had two questions to be decided; did the captain

Hs haerienced in the case of the) Perala.

po jurisdiction of the Pekin exercise ordinary prudence or

If he had, ho would over the third vessel. cautios in proseeding up the river on the occasion in question and then, if he was probably have ordered her to be made a third

paxil in which she was placed The ship from the by the incoming vessel, did he exercise ordin ary care, skill and nervo? In deciding the hiter point bis Lordship that moment to put

THORNE'S

PEB

CASE

OLD VAT

THIS YAT WAS STARTED BY THE LATE MOBERT IHONHE OF GREENOCK AND HAS BEEN ROLDAS ** } SINCE 1831

SCOTCH WHISKY.

SOLE AGENTS IN HONG KONG, CHINA & MANILLA. A. S. WATSON & CO,LTD.

1769

CLEANSE YOUR BLOOD-

WITH GRIMAULT & 00> SARSAPARILLA

SARSAPARIL

The original sar- zapatill, Fecom- -mended for the last 40 years for lymphatic diseases, eruptions, boile, and all disorders of the skin. EBINAULT & C'

PARIS.

iastifed in proceeding up river, in extricating 1-pal of the parties. As in the case of the NOTICE TO KOWLOON RESIDENTS MERCHANT NAVY

THE Undersigned, having been appointe prepared to ACCEPT BINKS against FIRE at Current Bates.

AGENTS the Company, sideration

BEUTER, BROCKELMANN & co., Hongkong, 21st April, 1897,

Agents. 114.

PRIVATE BOARD AND RESIDENCE RS. GILLANDERS

M

"CLAREMONT," &4, KEFNIÐT ROAD, Hongkong, 9th February, 1907.

MITSU

1530

BISHI DOCKYARD AND ENGINE. WORKS, NAGASAKI.

CODE WORD: "DOCK,"

agony of

in order that he could deside as to the Persia, so in this case, he was limited to an inquiry between two parties, and he had not all rule. bin feel his judgement was an entirely reliable the evidence before him which would make on The captain's responsibilities. The recommendation of CRC which fed to the anchor the cable, there was the farther the Barbour Master, to ships, not to come up

question whether the action of the Pekin with flood tide, could not be observed by river an 1 local steamers, whose sailing times to plae was proper. This case had not been tried on the at regular intervale Counsel also contooded Admiralty side, and consequently he had not had that the Pekin being a paddle vessel was very the hinsi tof the assistance of a nautical assoas, much easier to steer than a screw steamer. whces advice na this point he would certainly circumstances daring the voyage in question have been glad to bars. He must decide the caso as bast he could, and if the plaintiffs felt were peculiar, owing to the shortage of food on board." Counsel then reviewed the movements of aggrieved they must remember that they the antion in the form in which it had

the Pekia as revealed by the evidence. There a heard and no application had been made

nothing to show that the Council would have refused prmission to the plaintifs to erect a notice to indicate the position of the cable on He submitted that the the Shanghai side. Pekia was not guilty of negligence and asked that the action against, defendants should be dismissed.

G

The

WASHED THROUGHOUT by the owner.1. A.B.C., and Engineering Code Used F 220) for a definition of:ap accident. If the manovring. They had not called evidence

during the months of November and December.

N.B. The word "throughout" used in this notice means that the houses should be lime. washed in respect of all the walls of each room and staircase, all cubiela partitions, stair casings and stair lialoga, all ceilings and the undersides of roofs both in-main buildings, officer and servants' quarters and inclusive of verandahs.

The backyard should have its containing walla limewashed up to the level of the first floor,

Carved, painted or polished woodwork in good condition, however, need not be lime- washed, but must be cleansed..

The Western Division of the City lies to the West of Tank Lane and Cleverly Street.

G. A. WOODCOCK, Secretary. Dated this 2nd day of December, 1907. 1639

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513

Width of Entrance on Top- Width of Entrance on Bottom... Water on Blooks at Spring Tida

DOCK No. 2. Extreme Length... Length on Blocks

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by them for a nautical assessor. This vessal was coming on rapidly, and gave false informs. tion as to what she was going to do. She came move out of her on in such a way as to make it incum- beat upon the Pekin to way. On that he was quite clear. Mr. Hanson said that his friend had dealt question was, whether the master, in view of the situation, did the right thing, in manovr with the law so fully and fairly that it was minecesary for him to trouble his Lordship

He referred bis Lording with his anchor down, or whether he should that if his attention bad bosn called to the to Marsden's deftaitions of the amount of have taken another step. The captain stated with many more cases. skip

fact that the cable was there, he would have skill required in shipmaster. The cable was Finstery much the same position in this case as a

to show that there-bad-boon negligence in his ship at anchor and on this point be referred talanguvred otherwise. It was for the plaintiff the case of the Marpeche (L. R. 4 P. C. Appeale, Pokin took the more dangerous of two alter- natives she did so at her own risk. Her com ng up with the food tide must not be regarded merely from the point of view of conveniene herself: No doubt most to the Pekin lucal shipping companies fonad it paid thems to take the risk coming up with the food tide, but the Harbour rule was very desirable oze. There was as danger until the vessel came to anchor. But a ship coming up with the flood might have to anchor at any moment. Had the Pakis fouled the Clio would she have had say excuse The agony of the moment" in this eaas was das to the want of pradenos shown by the Pekin. The only negligence his friend now alleged was that there was no notice on the Shanghai side, There would be a grea autory if a board were erected on the Bund

Hie Lordship remarked that, if the community would not allow proper actices to bs put up, it would have to pay for it.

to show that it was an improper masouvre, and his Lordship had not got a nautical point. :00 asesor to advise him on the the whols, he was not prepared to find that Was he bound the captain ought to have raised his anchor, but there was the further question:

to take up his anchor and manoeuvre differently? by his knowledge that there was a cable there He must take the whole circumstances of the case. The captain did know that there, or thereabouts, was a cable; but there was nothing to remind him of the fact. There was a grest difference between this case and the case Mr. Hinson relied upon; namely, where one ship the 180 into another the burden of proof was on A cable at the bottom of the river could not. colliding ship. A ship at anchor could he seen. There was no noties on the bank to call th captain's attention glaringly to the fast that continual notion of the manorcing of this this cable was there. He was also bound to take other vessel that was coming on. He had on board some 1,200 passengers; and had there besn Lean appalling. He was acting not imprudently in being in the position where he was, and in oollision the loss of life would probably have these aircumstances his Lordship came to the Pikis was to blame for manoeuvring in conclusion that he could not find that

in the matter. the way she did. That was all he had to may

GOBLE.

As to whether there wBO

say,

a word.

In delivering judgement his Lordship said that the Pekin was a passenger steamer which command of her was a master who had boos navigated between Shanghai and Ningpo. In BUILDING or board bar for 12 years, as master and fired offiber. ANCEB to undertake REPAIRING SHIPS, ENGINES, and In the course of her business the Pekin paed and also ELECTRICAL up and down the Shanghai river three times, BOILERS:

week: The master, therefore, kow all the cou. WOEK.

A LARGE STOOK of MATERIAL is ditions of the river, and that knowledge must be taken both for and against him. Am in who always kept on hand.

anscasssary for him to decide, becase he had The COMPANY has the powerful steamer knew the dificulties of a road well was freer in contributory negligence in this cane la not "OURA-MARU" (712 tons, 700 I.H.F his course of action, because he know where the having a notics board, this was a point it was, specially built for SALVAGE PURPOSES | dangers were and how to avoid them. On the equipped with negemary "gear, always ready other hand he must be taken to know all found that the Pakin was not to blame.- -799 obstructions and dangers and how to avoid them. That would probably depend upon many Short Notion

On March 9th this year the Pokin left Ningpo circumstances, and he was not prepared to at the usual time to come up to Bhanghai, where say "yes" or no." He desired to CHILDREN OF FAR CATHAY she was due the following morning, about 13 with regard to the decision in the French Court. hours after the departure. It was foggy weather, So far as he was able to, without trying the and foggy weather might be expected at that time ase, be entirely agreed with the reasone given of the years. The anal precaution taken by the by the Consul tieneral for France. He thought steamer was to take enough food to maintain the prevent cave stood upon such an entirely her passengers for twenty four hour over the different set of circumstances, that he was not thirteen she would ordinarily be at sea. The coming to a differout ponclusion in this case, captain stated, and there had been no evidenes and could not be taken to express hay diment to the contrary, that he might reasonably expact from the view of the Consul General for to be delayed for about six hours at this time of Franes. The action would be dismissed with the year. On this particular occasion he was

He had little more.

au uausually large dolayed abnat twenty six hours-possibly a on board-almost rumber of pwsengers twice as many a nsual-and yet be bad enough food on board to food them for au extra day and be found it difficult to come to the conclusion that they were consulting their own convenience only in carrying so little food. The company did all it could reasonably be expected to do to meet anything that might reasonably be expected to occur. There, vai no evidence to show that the Pekla might be expected to be out for three days, and his Lordship therefore came to the conclusion that proper precautions were taken in regard to the amount of food carried In these circumstances she came up river, groping her way up in a fog, and finally the 1 captain was snxions to get into port in consequence of the large number of passengers, the little food that remained, and the passsengers' discontent. Of course the captain was bound to take extra care, as he was coming up in foggy, or at any rate, pretty thick, weather. Coming up on the food lite he was in a position where great caution was necessary. But his Lordship

by

the plaintiff to say that the captain was asked had no right to come up because there was a regalation or notice issued by the Harbour Master, pointing out the danger of pursuing the course he did pursue. This advice was no very sound advice, and the man who disregarded sound advice must show good reason for doing 20. In his Lordship's opinion, adequate reason had been shown in this case for his coming up under the somewhat dangerous circumstances. which attanded his navigation on this ocsation, But there was a further aspect of this case, and one which perhaps had tnore bearing on the point at sene than the question whether the thip should have come up at all, and Wher that was what caused this accident. the Pekin got up past Postung Point, about opposite the Garden Bridge, the

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