1909-04-24 — Page 5

MERRYWEATHERS"

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caution

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AS SUPPLIED TO THE HOUSE OF LORDS, AND HOUSE OF COMMONS.

THORNE'S

PER CASE

OLD VAT

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JŪTĪTE “VAT WAS STARTED BY THE LATE ROBERT TRÖREN G GREENOCK AND HAS BEEN BOLD AS N'A SINCE IN

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SCLE AGENTS IN

781

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FOR ALL

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medisine has 10 years' reputation, and is to-day more popular than over, the rouson of this being undoubted ly because this wonderful remedy doos what it fiotossss to do—IT CUKES SKIN AND BLOOD DICEAREN PERMANENTLE.

Clarke's Blood Mixture

13. THE FINEST BLOOD FURIFTER EVER DISCOVERED,

It is warranted to cleanse the blood from all impurities, from whatever cause arising.

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Beris

For

|

HIDOS IIPU, TACITUAR

THE HONG KONG DAILY PRESS, SATURDAY, APRIL 24TH, 1909.

FED ON FATENT FOODS AND MILK,

As HELPLESS AS AN INPANT. HOW A STRONG- MAN'S HEALTH WAS WRECKED BY SCIATICA

A

WELL AND HEARTY AGAIN NOW, Curad By DR. WILLIAMS PINK PILLS.

The description of his sufferings given by Mr. G. A. D'AGULAR, of Mano, Trombay, nr. Bombay, who underwent four most painful operations, reveals an astonishing degree of fortitude. With his health wrecked and reduced

to

more skeleton he remained au unhappy hopeless man until Dr. Williams' Pink Fill gave him New and Rich Blood and strengthened Lia whole system.

Mr. D'Agular mid to a reporter recently, "It was about 2-years ago that my nerves, first became contracted; my knew used to give way and my neck and limbs became so stiff that could only move them in pain and with dificulty: Bofore long I found any sufferings arose from Sciatics, and eventually the pains in my thigh and down the legs became so bad that I could Kot volk and had to take to my bed, where I lay for four months in frightful agony. The agony was terrible whenever I moved, just like red hot needles being thrust into the muscles of my lag.

LIABILITY ON BILLS OF

~ LADING.

ZA PRIVY COUNCIL JUDGMENT,

On the 31st mit. judgment was delivered by the Judicial Committee of the Privy Council in an appeal from a judgment of the Supreme Court of the Straits Bottlements of September 24, 1907, affirming a decision of Mr. Justice Thornton."

The arguments were heard early in February before a Board composed of Lord Managhten, Lord Atkinson, Lord Collins, and Sir Arthur Wilson, when judgment was reserved.

their

Mr. J. A. Hamiltos, KC. (now Mr. Justice Hamilton, and Mr. Tyrrell T. Paine ware counsel for the appellants: Mr. Serutton, K.C., and or Maurice tail, for the respondents.

Lord Macnaghton, in now Lordships judgment, Bald the appellants, the Chartered Bank of India, Anstralia, mad China, were holders for value of bills of exchange, drawn against bills of lading under which goods were to be carried to Penang and delivered there to order or assigns. The carrying vessel was the se. Teesta, one of a line of steamürs belonging to the respondent company (the British India Steam Navigation Co). The bills of exchange, which were drawn upon 8, Fareeth and Co, of Penang, hal bien discounted by the Ibank, and the bills of lading endorsed in black wore held by the bank as sucurity for their advance. The Teesta mrrived at Penang on On her arrival the cargo Augast 10, 1905 intended for Penang was delivered overside înto lighters and taken to the wharf.

"A medical

AD

ma said must hure operation to strateh the

nerve.

Icon-

-- LOQAT, CUSTOM AT, PENANG.

sented to this, but the oper- ation was not

It was the practice for the owners of steamers successful and calling at Penang to appoint landing agents at had to be ra that port. The business of the landing agents peated

tour was to send lighters to meet an incoming vessel times in as belonging to their employers on being furnished xuy months with a copy of the ship's manifest. The goods before any re- were discharged from the ship's tackle into the Bult TDS

lighters The landing agents gave the master tained.

a clean receipt, if they were received in good or You

จ

ob

oan imagine that by this time I was Mr. 6.4. D'Agular of Bombay, in a very bad Restored to Complete Health by state of health. Dr. Williams' Pink Pilla. I was a mere skeleton having lost 5 stone lu weight, and I

seemed to have no blood whatever in mo. I was

fed on patent foods and milk, but nothing seemed to do mo the least good. The bones protruded from my desh and I was afterwards told that I looked like u bag of bones.

I was as helpless as a new born babe, and had to be lifted from uns side of the bed to the other; in fact, life was an absolute misery. Nothing seemed able to help me and the doctor said raine was a most unusual case; they appeared to give up all hope of my recovery.

was at this time that a friend of mine recommended me to try Dr. Williams Pink Pills for Pale People, which he was a firm believer, I bought one battle of the pills, though with very little hope of being better but altor taking them regularly for a time I felt somewhat better and was encouraged to keep on with Dr. Willians' Pink Pils. I gradually regained strength and before long could' get out of bed and more about without help and free from the awful pains of Scinties. I began to put on flesh and in a few months reached my normal weight of 13 stone. I am now well and hearty and can honestly say I never felt better in my life.

fon will andomtand therofors why I have sach faith in Dz. Williams' Pink Pills as a blood touic, and always recommend them to my friends.”

Dr. Williams Pink Pills for Pale People by their unique power of making Rich, Red Blood, hays cured innumerable onses of Anemia and Bloodlessness, Indigestion, Malaria, Beri-Beri, Eczema, Nervone Disorders, St. Vitus Dance Rheumatism, Sciatica, Paralysis, and Women's Aches and Tils. But only the genuine pills cure see that the full name is on every package. Obtainable at most shops where medicines are old, also direct from the Dr. Williams. Medline Co., 80, Kiakiang Road, Shanghai, at 3150 Mex. per bottle or 6 bottles for 88/ Max, post free.

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Lordships did not recognize any very close analogy between a case where it was sought to get rid of a legal obligation, which was presu mod to be the basis of every constract of carriage by sa and a case like this where the parties were perfectly free to make any stipulation they pleased unembarrassed by any implied condition, or any original underlying obligation.

CONCLUSION.

They

der. The goods were then carried to jetty skeda, held under lease from Government, landed there, and assorted by the landing agents ready for delivery to the consignees on production of the bill of ladiur endorsed by the ship's with a delivery order. If the consignees applied for their goods within 96 hours they got them free of store ront; if not, the goods were either kept in the jetty shods or re moved to godowns. The landing agents made out their account of the landing charges and storage rent, if any, according to a scale of charges exhibited in the offices of the ship's ageats. They received payment direct from the fading by the ship's agents was required as a ments the learned counsel for the sppelinats The enderament of the bill of In order to lay a fondation for their arge consignees. release of the ship's lien for freight and expenses examined the bills of lading and the conditions incurred on the shipment Wit'out anch attached to them, casting about everyphers for endorsement, the landing agents were not at some contradictions or some ambiguity

liberty to deliver goods to consignees. That put oase suggested as occurring at other stages practice, which was obviously for the conveni- of the voyage in which the clanse providing for ence of all parties concerned, appeared to be at masser of liability could not apply. They found present the subject of ausb coaterersy in fault with the position of the provision in the Peuaug. The shipowners, contended that the particular clanss where it occurred. They even landing agents were the agents of the march took excoption to its language. Liability wa not their agents, but the agents of the ship to cozse outs. The merchants indsted that they were to cease when a certain thing was done; it was

"the word, thes "thorenpon" quite would have been. thereafter," not ownere. Neither view

rather seeined upon," Goeurate. These landing

upon," if the immunity stipulated for ha to be in the position of intermediaries owing been meant to be lasting. So minute and duties to both parties-gonte for the ship searching was the criticism. Now it might the contract of affreight bo conceded that the goods in question owners as long as

nnexhausted, agents for were not delivered according to the exigency of the consignees as soon as the bill of lading the bills of lading by being placed in the hands was produced with delivery order endorsed. The of the landing agents, and it might be admitted. point however was not material for the determing that bills of lading could not be said to be epent tion of the question now at issue, and their or extansted until the goods covered by them Lonships therefore did not propose to discuss were placed under the absolute dominion and it further or to define the exact position of land control of the consigness. But their Lordships ing agents at the different stages of their could not think that there was any ambiguity in employment. The hills of exchange in the hands the clause providing for cesser of liability. It of the bank were duly accepted by S. Farseth seemed to be perfectly clear. There was no and Co. ou the arrival of the Tecsta. On preason why it should not be held operative and sentation for payment they were dishonoured. Appliention was then made to P. Bob and Co., the landing agents of the respondent company. The appellan's produced the bills of lading with delivery order endorsed and claimed the goods. The goods were not forthcoming. They had been taken away without the production of a bill of lading or a delivery order by the representa- tive of 8. Fareeth and Co, Boting in collusion with the representative of P. Bob and Co., and they had been already disposed of, in fraud of the persons entitled.

mort remained

THE PRESENT AUIT.

ST. JOHN'S CATHEDELL, Hongkong, 25th April; 2nd Sunday after Esator. Holy Communion (7,30

Having thus lost both their money and the 3.m.) Mating (11 am) Responses, Ferial; Yanite, goods which had been pledged to them as se Dudley; Fraims, of the 25th morning To Deus: aurity, the bank preferred their claim against the Woodward, Smart and Tarle; Benaliotis respondents. The claim resulted in the present don: Hymas, 125, 180 and 269, Evensongi p.m.) Choir). Response, Ferial, Pasime, of the 25th morning Magnificat and Nuno Dimit- tis, Barnby in E; Anthem, "Why seek ye" Hop- kita, Hymns, 438 and 186, Sevenfold Amen. N.B-Palm 110, Teren 75, 80, 81, 86, 88, 94 and 103 in unison.

SORES OF ALL KINDS It is the only real opeside for Gout and Bheumatic Patts, for it removes the cans from the Blood and The mixture is pleasant to the tuate NOTE.

́ ́and warrantet free from anything injurious to the most delicate ponstitution of either ST. PETER'S CAVECH, Queer's Road, West: sex from infancy to old ago, and the Proprietors Second Sunday after Easter. Morning Prayer 11 solibit sufferers to give it a trial to test its value.

am. Venite, Qualey; Psalms, Jones, elo. To Thousands of wonderful oues have been effectet Dean, Russell, Benedictus, Garrett Hymns, by it. TRIED MANY THINGS WITHOUT DENEFIT 100, 158, 274 and 254; Kyrie. Evening Prayer 8.90. Gloria: Nuse Dimittis, Savage Hymns, 192,170, 278 and 223; Kyrie, Holy Communion 7.45pm.

UNTIL I TOOK CLARKE'S BLOOD MIXTURE.

Mr. F. E. Lowii, 48 Bridge Street Fow, Chester write"Just a line in favour of Clarke's Blood Mixture. I had sezama for even months, and triod many things without benefit until I took your remedy, After the sight battle I was quite wall again. Plase accept this letter us a loken of gralijație to your wonderful Clarke's Blood Mixture.**-Jane 31, 1998 Fold by all Chemiste and Patent Modicina Fenders throughout the World

ARE YOR.

CLARKE'S BLOOD MIXTURE and beware of worthless imitations and substitutes

[57

MARTIN'S

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Ladies. PILLS

Franch Ramady for mil Xrventarllion; Themades al Prat Laste roep a box of Martin's Pate al bis how, so that on that Erie Co High my Irengclafy of the Symen, a tiềnly mean my, be

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the

effectual in the present case. They agreed with the learned Chief Justine that it afforded com Their Lordships therefore would humbly advise plese protection to the respondent company. his Majesty that the appent should be dismissed. The appellants would pay the costs of the appeal.

As your teeth

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alverts Tooth Powder

The appeal had been brought from the order of the Supreme Court affirming the judgment of the Court of first instance, which dismissed the action with costs. Both here and in the Courts below the respondent company disclaimed all liability, relying on conditions subject to which the bills of lading were ex- pressed to be issued. They were printed at the e foot of the bill of lading and attention was called to them in the body of the bill. The only conditions material in the present case were these intended to be applicable on arrival of the carrying vessel at the port of destination; They were contained in the The Church Launch Dayspring, will call on ships following clause: The company is to have carrying white crews to bring friends ashore to the option of delivering those goois or any the services between 9.16 and 10.30 am, and be-part thereof inte receiving ship or landing tween 8.10 and 6 pm. (Korloon Police Pier them at the risk and expense of the shipper or 10.89 and 6) returning afterwards. All the consignes as per scale of charges to be seen at sittings are free and appropriate 1, Visitors the agent's office, and is also to be at liberty Welcome. – Books, do..., provided a

antil delivery to store the goods or any part thereof in receiving ship, godown, or upon any wharf, the unenal charges therefor being payable

hall have a hen on all or any part of

the shipper

or comfignee. The company

the

goods against expenses incurred on the whole or any part of the shipment. In all cases and under all circumstances the liability of the company shall absolutely cease when the goods are free of the ship's tackle, and thereupon the goods shall be at the risk for all purposes and in every respect of the shipper or consignee." On behalf of the respondents the contention was that the obligations they undertoook WESLEYAN METHODIST CHURCH, Waachai wore fulfilled by delivering the goods to the Sunday Serties, 10.15 a.m. and 8.0 p.m. Preicher: landing agents, and that at any rate their ---Lov. 3. A. å. Baker, Subject for Moralng liability ceased when the goods were once "free- "The Soul's ascent in prayer. Subject for Even of the ship's tackle." On the other hand, it was ing "Other Worldliness. Tuesday 6.0 p.m. said on behalf of the bank that the landing Wesley Guild Meeting. Thursday 30 pm agents were neither the assigns nor the agents Chaplain's Bible Class. Sailors, and Soldiers of the slippers or consignees, and that the goods Home, Arsenal Street. Sunday 30 p.m. P. S. A had never been delivered in accordance with 8.0 p., Gospel Meeting conducted or fr. Bar bills of lading. As regarded the provision for Dott. Mon Jay 8.0 p.m. Fellowship Meeting. Wednesday 8.01

Satar cesser of liability, the suggestion was that t applied only to the interval between the removal of the goods from the ship and their being land.

UNION CHURCH, Kennedy Road Minister Rev. C. I. Hickling. 11. Blemorial Service For the late Mr. G. Murray Bait. Hymne 307, 311 and 330, Palm 23, Anthem" What are there (Stainer.) 12 noon. Comunion Hymn $10.4 pm Special closing Service (for the Seaton) of Sunday Schools, in Union Church, conducted by the Eastor. Parents and Friends invited. Prizes will be distributed. 8 p.m. Worship. Hymns 301, 236, 70 and 805, Psalm 53 (St. Flavian) Friday 3 pm, Christian Endeavour Society. Subjects or Life."

Meeting

day 8.0p.m. Prayer nace e

ST. ANDREW'S CHAO, Kowloon2a1 Bunday

efter Easter. 20th April 1909 Holy Communioned on the quay. In addition to the arguments

at 8 am, and Morning Service at 11 am. by the Ber. C. E. Thougaon. Evening Service at pm. by the Ber. G. & Bual ury. Services on Sundays

relied on in the Courts below, the learned counsel

on behalf of the bank prayed in aid fro recent do cisions of the House of Lords-Elderslie Steam-

are Holy Communion on 1st, 3rd and 5th Sau- ship Company (Limited) v. Borthwick" (1905, days of the month at noon. Holy Communion A. U93): Nelson Line (Liverpool, Limited on 2nd and 4th Sundays at 8am. Morning Prayer v. James Nelson and Sons (Limited)" (1908, st11a.m. Evening Prayer at A p.m. Children's A.C., 16-in which the House had occasion to Service at 8 pm on 3rd Sundays of the month, Sunday School at 3 p.m. on other Sundays of the month.

mom dada be ST. Joszra's Caunen, Garden Road (Roman Catholic), Mas, Benediction and Sermon in English, at 10 AM.

reafirm and apply the wholesome rule that, if a shipowner wished to relieve himself from liability to the shipper in case his vessel should he found to have been unseaworthy, be must say so pisinly. That was an old rule. It had never been questioned or doubted. But their

However perfect your teeth may naturally be, they still require, and will well repay. the slight trouble and the short tane you should daily give to their care.

a

The regular use of Calvert's Carbolic Tooth Powder ensures

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OWN

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[37

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Photographie Goods of every Description in Stook,

Developing and Printing Undertaken.. Henglong, 31st July, 1907,

[629