1908-08-05 — Page 5

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NOTICES TO CONSIGNEES BOSTON STEAMSHIP COMPANY.

NOTICE TO CONSIGNEES,”

STEAMSHIP SUVERIC

FROM TACOMA, VICTORIA, TOKO-

HAMA, KOBE, MOJI, AND

MANILA

THE Above Steamer having arrived, Con- signeos of Cargo are hereby requested

to send in their Bills of Lading for counter- signature and to take immediate delivery of their Goods from alongside.

Cargo impeding the discharge of the Vessel will be landed and stored at Consignem risk and expense. *****

No Fire Insuranes will be effected by us In any case whatever..

DODWELL & CO., LIMITED,

Agents:

Hongkong, 10th July, 1908,

NOTICE TO CONSIGNEES.

FROM. EUROPE.

HE H. A. L. Steamship

"SLAVONIA,"

·Captain - Peter, having arrived, Conniguces of Cargo are horoby requealed to send in their Bills of Lading for countersignature by the Undersigned, and to take immediate delivery of their Goods from alongside,

Optional Carge will be forwarded uniósa notice to the contrary be given before TO-DAY. Any Cargo impeding her disonargs will be landed at Contignoes risk into the hazardous andjor extra hazardous Godowns of the Hong- kong and Kowloon Wharf and Godown Co., Limited, and stored at Consigneos' risk and

expense.

All Claims must be prosented within ten days of the steamer's arrival here, after which data- they cannot be recognise it

No Claims will be admitted after the Gooda have left the Godowns, and all Goods rézaluing undelivered after the 5 b Augast, will:bi. subject to real

All broken, chiafod, and damaged Gcode are "to be left in the Godówas, where they will be

examined on the 1th August, at 8 PM.

No Fire Laurance has been effected.

HAMBURG-AMERIKA LINIE, Hongkong Offloo

Hongkong, 29th July, 1908.

8. "YAERA.”

134.

COMPAGNIES DES MESSAGERIES

MARITIMES

NOTICE.

ONSIGNEES of Cargo from London ex Ka. **Charente," in connection with. the above Steamer are hereby informed that their Goods, with the exception of Opium, Tressure, and Valuables, are being landed and stored at their risks into th bazardons and/or extra hazardous Godowns of the Hongkong and Kowloon Wharf and Go down Co., Ltd, at Kowloon, whence coltrurg may be obtnized immediately after landing.

Optional Cargo will be forwarded on ani intimation is received from the Consignoos before NOON; TO-DAY, reptesting it to he Janded here.

Bill of Lading will be countersigned by the Undersigned. Goods remaining andsimed after Monday, the 10th inst., at Noor, will be subject to rent and landing charges.

All clima manat be sent in to me on or before the 10th inst, or they will not be rocognized --- All damaged packages will be examined on MONDAY, the 10th inst, at 3 P.3.

No Fire Insurance has been effected.

P. NALIN

Acting Agent

· Hongkong, 3rd August, 1908..

MITSU BISHI DOCKYARD AND ENGINE WORKS, NAGASAKI.

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WINE VAT WAS STARTED BY THE LATE ROBERT HORKE OF GREENOCK AND HAS BEEN SOLD ÁS MEA BINET 1831.

SCOTCH WHISKY.

791.

SOLE AGENTS IN HONG KONG, CHINA & MANILLA. AS WATSON & CO.LTD. As Supplied to the House of Commons.

APIOLINE

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HIS DRITANNIO MAJESTY'S SHIP

IN THE CHINA SQUADRON,

THE HONGKONG DA LY PRESS, WEDNESDAY AUGUST 5cm, 1908.

Alaority, domstol-bonf, 700 tons, 10 gúna

2000 k.p., Comdr. C. T. Fuller, Welhalwoi Astros, 2nd class craiser 4360 tons, 10 guns,

7000 1.b.g. Captain F. E. C. Ryan, en rente Singapore Bedford, British cruiser, Capt. B. E. Erskine,

R.N., Weihaiwai

Bramble, gunboat, 710 tons, 900 ih,p. Lieut Coudr. H. R. O. D. Bridgeman Hong

kong Britomart guchost., 710 teas, 900 hp, Lieut..

Comdr. F. B. Noble, Yang se Cadmus, British sloop, 1070 tons, Condr. B. L.

Majendis, Waihaiwoor Clio, British sloop, 1070 tons, Comdr. C. D.

8. Ralker, Sanghai Fame, torpado-boat destroyer, 310 tons, 8

5701 h.p.

Liext-Comdr. Grenson, Waihaiwe

A.1, A.B.C., and Engineering Code Used Flors, 2nd class cruiser, 4360 tons, 10 gans,

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2000 Lb.p Capt. Boland Nagent, Weihaiwel Handy, torpedo-beat destroyer 295 tons, 6 gune, 4009 hp., Licut Comdr, W.-H. Darwall, Weihaiwe

DOCK No. 3,

Extreme Length...

FCT A

799 feet,

Length on Blocks

714

20

#

Width of Entranos en Top

961

"Width of Entrance on Bottom... 880

Water un Blooks at Spring Tide 841

DOCK No. 1,

Extreme Length,

Length oz Blöcke

Width of Entrance on Tap

Width of Entrance on Bottom.... Water on Blocks at Spring Tide

DOCK Nɔ. 2.

Extreme Langth

105

Je

Length on Blocks

149

*

Width of Entrance on Top

Width of Entrance on Boftom...

Water on Blocks at Spring Tide

599 fest 518

B8

75

-971 féet,

350

53

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A LARGE STOCK of MÁTÉRIALS always kept on hand,

The COMPANY has the powerful steamer "OURA MARU" (712 tons, 700 LEP «specially built for SALVAGE PURPOSES

Supped with necessary goar, always sir

Short Notice. ''

ON-BALE.

THE FIFTY YEARS

Hart, torpado-boat destroyer, 295 tons, 6

4,00 Lieut. Comdr. G. C. Dickens,

HP Waibaiwat Janus, torpedo-bost destroyer, 320 tons, 6 guns, 3900 h.p., Lt. Comdr. C. A. Freemantle, Weihaiwei Kont, armoared, 9800, tous, 14 gans, 22000 h.p. Capt. 3. G. A. Marescaur, Weihsiwai King Alfred British cruiser,, Fing ship of

Vion Admiral the Boa, Sir A-dworth Lambton, Commander in Chief, 14100 tons, Capt. L. Clinton Baker, Weikaiwei » Kinshs, river gunboat, 616 toan, Ideut-Comde,

Sidney H. Tennyson, Kangtase Merlin, survering ship, 1000, tons, 6 guns, 1400 ih.p. Comdr. P. II. Walter, Jessalion Monmouth, orisar 3800 tons, Capt. G; W.

Smith, Weilzivot

Moprhen, rivor gabat, 180 tons, 2 gang, Nightingale, river ganboat, 85 tons 240 bp,

Lieut. Comdr. C: O. Walcott, West River

INTERESTING SHIPPING CABE

AT SHANGHAI

LAW REPORTS

A judgment of the utmost interest to ship Owner and merchants generally was delivered by his Lordship Jadge Vincent, Acting Assla. lant Judge of HB, M Supreme Court, Shanghal

on the 25th ult. The onse was one at the instance of Harbert Gulableon and Co., agalant the owners of the a.. Braemar," the agents of which, Kerry Dodwell and Co., appeared in Court to defent the action. Mr. N. C. Home appeared for the plaintiff, and Mr. K.-N. McLeod for the defendants. In delivering judgment his Lorizbip såld

This case involves the construction of the agreement for carriage of goods by as. The particulars on the writ read as follows ;-

1.-The plaintiffs have entered damage by breach of contract by bill of lading data March 25, 1998, of goods shipped on board the defendants ship Braemar for earrings from Glasgow to Shanghai signed by the defendant's agent, the master of the said ship.

2-The bill of lading was endorset to the plaintiffs, to whom the property in the goods passed by such endorsement.

3.--The said goods consisted of 500 cases of candise, all of which have arrived at Shanghai in a damaged auf unmarketable condition Owing to the negligent stowage thereof by the defondanta.

the tarvice of the shipowners, and as performing service not only akin to certain services required from the master but as performing a portion of the very services required of a master. Con- sequently a stevedore wild in my opinion falf within the meaning of "other persons-in-the service of the shipowners even if the latter Phrase was limited in meaning as contendet by the plaintiffs.

But that the phrase cannot be construed in such a limited way appears to me satisfactorily established by authority. I quote first from the

adgment of Mr. Justios A. L. Smith in- Norman Bimington 25 Q. 8, 11, page 472. Referring to the case of Hyu 7. Cuinford C. P. D. 82, the learned Judge says, “Io' that occe the bill of lading exempted the shipowner from any not of aeglect, or default whatever of the pilot, master, or mariners in navigating the that this clause did not exempt the shipownAY skip

and it was held in the Court of Appeal from the default of their other agents and

ervants, and consequently, not from

the

Actu and defaults of the stevedore; see the Judgment of Bramwell L. J. at p. 185. This is all that osse decided in the Court of Appeal, I delrş to point out the difference betwoou the bill of lading in the present case and in Hayn y Cathford. In the present case, the words

engineers or other persona in the service of the ship "after the words pilot master or mariners" were added as it aasms to me expressly to meet the polal taken by the shipper in that casa.

The opinion above expressed by the Court of Appeal is equally relevant in this case and though it was not definitely decided that the addition of the words "engineora or olher persons in the service of the ship", did in fact sizecosefully meet the point taken by the shipper in Hay and Cushford, I think there is no doubt

that the opinion of the court was that the wurts would be suficient. This opinion was portion of the judgment in Nom v Bamington expressly approved of by the Conru of Appeal in the larer case of Baensalman v. Bailey reported Q. B. 1995. p. 30. In Biler a bill of lading contained amongst other exceptions ons by which the shipowner was not liable for "any act, negligence, default, or error in judgment of the pilot, master, mariners or other servants of the shipowner in navigating the ship or otherwise." Then the whole point before the court was whether or not the words or otherwias were general or whether they limited the exemption to los or damige arising from negligence in mettera akia in navigation dò. do. In that case it was never

The Defendants in their statement of Difence dong damage and negligence and plead that if the goods were damaged the damage occurred by reason of the excopted perils specified in the bill of Jading. A survey of the damaged goods mada by Mr. B. Boyes-Davy, Marine Surveyor, is put in by the plaintiffs and Mr. S. Boyes Davy teatifles to the correctness of the survey, Beyond this there is no evidence in the case. The contents of the survey may be taken then as the facts in the case the last paragraph reads as follows:-I attribute the above damage was dused by the intense-hest from iron main deck in the tropfor, the deck being unprotected from the sun, and it is or opinion, this cargo would have been landed in good condition if care had been exercised in choosing, ie. stowed in lower bolds or between decks sheltered by an up- par deck." The defences of no damage and no negligence are dropped by the defendants, and the contract being one for delivary of the goods by the ship owners in the good e dor and condition in which they were received, it is upon the argued that the words “or other servants defendants to show why they were not liable for the loss cocsaioned by the damage to the goods in qusation poussioned by negligent stowage an alleged.

of the shipowners," ware limited in the menaing by the preceding words as contended in thử cas

I am of opinion that it is clear from the history of bills of leading as exemplified in the case I bare quoted that the words for other persons in this service of the owners," must be taken to include stevedores and all other parsons for whose negligence the owners would other- wir be Hable.

Tow come to the plaintifs second conten. tion, do the words on this or any other vessel' limit the few preceding words in any way! I think they certainly do limit the

preceding

I start with the presumption that the goode were loaded on the defendants, remal by stere. dores employed by thom by the master of the vessel; Counsel for the defendant has founded his argument on that presumption and on that presumption I shall has my jadgment The contention for the defen- dants shortly pat is that they are erempt from liability by reason of Clause II of the exoptions and conditions of the bill of lading, It is a very fall one indeed; it sommarens bywords to this extent namely that or other the words, "The hot of God, the King's persons in the service of the owners," and only enemies, goes on astting forib a:

ba taken to man pssons in the service of the number of special riska; it then gǝbs on loss or owners who are employed on the ship—hat is

Por irga dsmags &a, &. de, or from offrets of olimate, to persons whose functions are exercissi on the or heat of holds or from evaporations ce small ships of the owners on which the goods are or from other goods; here there is a semi-colon, lusve ben, but that the words on t'ils or any other and it proceeds; "Jettison, birratry, mesteinase, veseel give an idea of permanent or cofligned error in judgment, negligence or default of pilot, service on that ship for the length of soyng? master," thariners, engineers, or'other persons in or anggest only pervous on the artiales of the the service of the owners on this or any othership, is in my opinion forsing into them a vessel, and all and every the dangare and meaning which they do not possess. A stevedore socidente of the mess, land, and rivers, and is employed to load a vessel in port and a pilot navigation of whatever naturs or kind big is employed to navigate a vessel out of port excepted" (here there is a semi-golon) it then the employment of each is temporary and for "proosads; and the chip not being liable for specific purpose, they do not in any way belong say consequences of causes herein excepted, to the ship in the sense of being on the articles however originating.".

of the ship, but, it cannot be said in either case that their fauctions are not exercised on the. ship. If a pilot or stevedore le not au smployee of the owners on the ship, where ia he then P How describe the song of his employment ? On

his plat do I am agains: the plaintiff,

In this bill of lading the shipowners have

|

*

exempted themselves from damage to the ship. per's goods from effects of climate or heat of holds,” but counsel for the defendan ta has rightly not attempted to argus, that such ex empian is suffisiant by itself in view of the Taming now to the third contextion raised admitted negligence in storage: I understand by the plaintiff. As I understand Mr. Home's his whole argument to rest on the contention argument it is to the effect that the meaning of that the stevedores who loaded the cargo fall the words from Jettison to vessel," "ara limited within the phrase "or other person in the ser in meaning by the following words and, vice of the owners on this or any other vessel," all and every navigation of whatever kind.” and as the shipowners have exempted themselves For this contention Tosunot see any ground, by the contrast from the negligence of such the effect would be to render unlatolligible what persons for which they would otherwise be is at present quite intelligible. The governing liable, therefore the plaintiffs are not entitled vork of the whole of the words between Jet- to recover,

tison and exceptadi.e. between the two firstly that, or other persons in the service of uted, What is exoplad! The plate answar is The plaintiff on the other hand confondasmicolons in being excepted." One than the shipowners," are general words following Jettison, bariatry, mesfosssues, error in after specific words indicative of a class memely judgment negligence default of certain therefore" or other person" must be taken to and accidents of," or perhaps one might eny, "Pilot, master, mariners, engineers,” sad individuale, and all and ery one of the dangere

in the navigation or propulsion of the vessel. be limited in mening to other persons engaged incident fo certain material thinga viz Bazz, "lands, and rivers, and of, or again Incident, Lo Secondly that the words, "on this or any one abatrant coun, viz. "navigation word. other vessel, clearly limit the meaning of or expressing the hot or soienos of conducting other persons in the service of the owners," to vessels from one place to anotbar by watar. persoas employed on the vasaol in some The sentence is clearly and logically divided, permanent way, somebody neessary part of into two; the fest part from Jettison" to The ordinary crew of a ses going vessel, "yossd" te anbjective, and, from thence on, somebody who may be said to balong to the objective and these two parts are in my judg. Tesel by the incidence of his employment. A ment entirely distinct one doen not govern the same time conveni relies on the words on the other though both are governed by the this or any other vessels strengthening his same verb.

est argument relative to the limited meening On the above grounds therefore I am of of "* or other persons in the servics by reason opinion that the exemption in the bill of lading of the preceding de. Teirdly counsel for covers the degligence onplained of, and the the plaintiff contends that the words and shipowner must be held to have contracted all spå every the dangers and nosidents of the himself out of the liability for the loss seas, lande, and rivers, sad of navigation occasioned which would otherwise be his; suoli of after the words error in judgment by the of whatever kind being excepted;" com- a contract is lawful by our law; it was soceplod shippers, and the plaintif the indorsera negligee or default of pilot, master, mati of the bill of lading ste bound by it.

in

Leat. Comdr. R. 8. Roy, R.N., Yangtzza nere, engineers, or other Offer, torpede-bost destroyer, 885 toon, 6 guany other vessel, clearly limits the negligence of

the service

of the owners on this or any 630 Lb.p., Faid öff Robi, rivor gunboat, 85 tons 2 guns, 240 hp their servants, from which the shipowners are

Líout. Comdr, J. White, Horgkong

exempt, to negligence in connection with the Sandpiper, river gunboat, :85 teas, 2 21 dangers and accidents of esas, landa and rivers

Liatt. Comdr.

H. R. Tickel, Fong and of navigation of whatever asture or klad;

Tickell kong

and 1 therefore the shipowners have not eas Snipe, river gun-boat; 85 tons, 2 guns, 240 hp.oseded in exempting themis ves from the lose

Lient-Comdr. Alan Diron, Yangtere

incurred by damage caused by the negligenco beat destroyer, Bean, Strath, of those employed in Loading the vessel.

Taku

Tamar, receiving ship, 1600 tons 6 guns

Commodore Stokes, Hongkong Toal, river gunboat, 180 tona, 2 guns, Lisut.

ANGLO-CHINESE CALENDAR | Comar, H. R. Godfre Yangtsza

日脛英中年十五

FROM 18 JANUARY, 1869 TO 31ST DECEMBER,

1018, BEING FROM THE 1ST YEAR OF TUS 1767)Í CYCLE TO THE BOT YEAR OF THE 70TH CHOLE THAT IS TRAD YEAR OF TUNO CHI TO THE 391H IZAR OF KWONG BUL

PRICE 32 CASH

On Sale at the "HONGYONG DAILY' PRESS' OFFICE; or Agents in all the Porte of the, Tar East..

The Book will be sent by Registered Post (frée) to any part of the World unrepresented by Agents on receipt of Money Order.

Judgment for the defendants with costs. by the ugsats of the ship in Shanghai to state Mr. MaLeod said that he had been requested that the sction was defended by the foenessce company?

Mr. Home raised the question of costs, print- ing out that s part of the defence set up bed been abandoned as coon ay the defendants esta into con damars and begligephs. He did not think that the oat should be against the plaintifs un far, Thay bad to go to court properad toysovy damage and prove negligence, and this would have, beso christed had the defendants previously made the admission.

Hi Lordship remarked that they had not

to any

"Me Home

Dealing with these points in order, supposing for, the moment that other persons is the service of the owners" is limited to meaning, other parsons having duties and a servico akin to those of the four preceeding specific, olasses.

pop bags of out that they had hoon anjcikgura, thon me must exersine the functione, pay to the cost of bringing the martore, sure performed by 'éach class separately, and.

vwyor. Then fregarding the scale of feng, see if in any case they cuice để in any They had not claimed a spec fio sum, as the way with the functions performed by osadles had not been sold. All that they did stevedore. The duties and

was to declare il nader $1590. He suggested

purpose of court fees,

To his course his Lordship.

Virago, t

, torpedo-boat dpetroys1, 395 tons, 6 gañs, 6,300 hp, Lisnt Condry Stevenson. Weihnwel Watoritel, surveying

Lient-Comdr. H. P. Douglas, Fort Swet pilot dartainly in no way orier that his Lidship would fr it at $1000 for the i

LODS,

5

a stovedore. But what are the

bin

Arsenied

HOW TO BR BEAUTIFUL-Keep your com

tenham

performed by a Whiting, torpedo-host destroyer 300

duties of a mastor? Surely they are not as the gune, 5,900 h.h., Lieut.-Comdr. J. Kiddle, lasted counsel for the plaintif suggee's by his Hongkong

argummit, confined to havigation of vessel;

duties of a master are to load part of the Widgeon, gunboat 195, tons, 2 gue, 30 h.pressol, seu "The Bouro And B. Vol plexion, Mrs. Ellou's Crème Charmants, Lit

Lt-Comdr. John F Knox; Yangtize.. Woodcock, gunboat, 160 tous guns, 550 L.p.11 p. 393. He may do so himself by the help of Charmant and Speeist Skin Tonic and Poutre Lient-Comar. H. 1. V. Cottrell Dormer, his crew or he may employ stevedores to load Charmant will enable you to do it. Her his vessel if he chooses the latter, the stovedors Spesialities for the Bria are the study of a Yangleze Woodlark gunboat, 150 tons, 3 gang, 550 h...is then performing one of the fanctions required licetime. A 9. Watson & Co., Ltd., Bola Agats

Lient-Comdr. G. R Livingstons, Tangiare of a mastor and he must be taken as belog in

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