1910-03-14 — Page 5

Page

NAPIER JOHNSTONES' SQUARE BOTTLE"

WHISKY.

BEWARE OF

150 YEARS.

IN 1745.

THE SAME TO-DAY

UNVARIED-FOR

IMITATIONS

SOLE AGENTS IN HONGKONG: :

NORWEGIAN SKIPPER SUED.

DISPUTE ABOUT OWNERSHIP OF SHIP'S FITTINGS

The Chief Justice of the Straits Settlements has been engaged in hearing an action in which the firm of Sim Ban Seng sued Capt. Tollefson for 81,385 and anch damages as the court should award. Mr. Upcott appeared for the plaintiffs, and Mr G. B. Carver for the defendant.

very stranga defence for retaining the fittings, that they were not only given to him by plain tiff's that they might avoid the responsibility of removing them, but that he was paid $150 In addition. Plaintiffs asked for the return of the fittings, or for their value, given as $235, for the return of the $15, for damages for de. tention of the fittings, and for costs

THE HONGKONG DAILY PRESS, MONDAY, MARCH 14T¤, 1910.

Com

ceptada demahlen Adivery of stutthar 360 tons, and as he refused to sign the bills of lading.. unless he had the amount of the dead freight paid on the extra 360 tons put on boari, ille representatives of the plaintiffs shipped 360 tons under protest. On arrival in this country the shipowners exercised their Len upon the 360 tons and claimed freight apon it. Their right to do so was disputed by the charterers spon the ground that they were not bound to ship it under the charter party. By agreement, the Mr. Upcott stated that the platatifs were amount in dispute was deposited in the bank the charterers of the Norwegian steamer Salva, in the joint names of the solicitors. The of which defendant was the master. The charterers brought this action to obtain a declara plaintiffs had to put in expensive fittings for on that they wore entitled to a return of the eattie, and when the chartor expired, they paid £470 10s. deposited, and alternatively for the defendant $150 to remove the fittings damages accruing to them for having had to buy in the event that they ill not ro-charter 560 tons, and in respect of two items of damage. the vessel, taking hini to keep them on board The Brst question is one of construction. till the question of the re-charter was settled The charter party by clauso 1 provided that und, in the event that the plaintiffs did not re-

"the said steamer alall, after completion of the charter the vessel, to deliver them to plaintiffs, prosent voyage, de, proceed to load at Daint Defendant made what counsel described as tho lị a cargo of beans not less than 6,500 tons net intake weight of beans in bags as usus, which the said charterers bind themselves to ship not exceeding what she can reasonably slow and carry over and above her cabin bankers, tackle, de Now upon that clause the sharterers say that it is in substanon the same as in the case of Miller v. Dorner" Cas, 175). They say the charter means, not a full and complete cargo" of beans, but some thing else, as the omission of those well-known

meuna merely a words

cargo of beans, and they say that, as nobody can contend that it was not a cargo, their obligation was fulfilled by placing 7,500 bags on board. They contend that the words "not less than 6,500 tons bat not exceeding 7,000 tons" give them the option of shipping the greater or lesser quantity

the plaintiffs that attention must not be paid to words which are not put in, but to words which are actually in the charter. The defendants also contend that the clauso must be road in the Com. Cas, 181), and they say that looking at light of the case of "Caffius. Aldridge" ( the provision by which the charterers bound themselves to ship u cargo not exceeding what the vessel could reasonably stow and carry, onco the conclusion ie arrived at that a cargo beans means, as much as the vessel can carry over. and above her bunkers, &c, it is clear chat that cannot mean a cargo of beans between 6,500 and 7,000 tons. le thought the construction put upon the document by the defendants was right, that a cargo of beans under this con tract meant an entire foaling of the vessel. It appeared to him that unless the omission of the words full and complete vargo" distinguished the case and he thought they did not the point was concluded by authority, the auth ority of Potter a New Zealand Shipping Company" (Com, Cas, 114) and Carlton 3.8. Company. Castle Mail Company" (2 Com. Can, 173). So far he thought the dofondauts were right. Thon attention was drawn to Clause 8- the "Cargs must ou ou account be loaded in ceanings of hatchways above level decks, if venti Who do you reckon these fittings belong to atlation is interfered with thereby, nor in ballast the present moment? asked Mr. Upectt. They belong to me.

LANE, CRAWFORD & CO. prising that the plaintiffs wars, willing to pay to they will On the other hand, it is cald by

and from ALL WINE MERCHANTS [46 their hands. He submitted that the plaintiffs

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There was a good deal of evidence as to what transpired at interviews, and at the close of plaintiffs case, Mr. Carver addressed the docet on behalf of the defendant, saying that the plaintiffs own oviduce had shown that, in their opinion, it wont have cost them $700 or 3800 to remove the fittings, and their value would have been about $450, as estimated by Mr. Chapman. It was, therefere, nct at all aur

the captain $150, and get the whole matter off had no intention to put the fittings in any other ship, bat were only anxious to get them off their hands. They were of little velue anywhere excepting on the Bolta, e

Capt. J: Tellefsen asid that the Solex was chartered by plaintiffs to carry eattle, the charter expiting on November 10. There was some talk about the steamer's going home. He was offer ed 8150 for the remoral of the Sttings, which he accepter, with the understanding that the Attings were his. His agents wore Messrs. Bousted & Co, for whom Mr. Latham acted, Mr. Latham suggested that they had better go back and make sure that the fittings were to be defendant's. This they did, and both the krani and towzay said that the fittings were to be his. The boat was not then chartered, but the charter was fixed on the same day. The next day defend aat was summoned to plaintiffs ofice and the towkay asked for the fittings back again. Defendant refused to return them, saying that plaintiffs had given them to him. There was a In talk about sanding the fittings back, bat defendant refused to have anything to do with that, I was agreed that defendunt should keep the fttings up for a month.

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SIEMSSEN & Co. [38 Hongkong, 6th March, 1907.

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27, DES VEUX ROAD.. Dealers in

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RON, STEEL, METAL and FARD WARE MERCHANTS. Wholesale and Retail Ironmongers Pig Iron and Foundry Coke Importers. General Store keepers and Shipchandlers. Nos. 35 & 37, HING LOOKG STREET, (2nd Street, west of Central Market) Telephone No. 515.

[583

And you're still got the $150 P-Yos

And you've still got tho awning worth $200 Yes.

And the estimated value you have received totala up to orer 81,100 ?--Yes.

ot

compartments, bankers, or cabins, unless with written consent of charterers' agente." He found as a fact that a portion of the cargo had been loaded in

and that Lel banker, to another question of construction, on Clause B. It was suggested that the particular banker was not a bunker within the meaning of Clanse

& CTOBE

And what have you done for all this?-Noth-8, the reason being that a clause from another. ing, but they are worth nothing to me.

Do you mean to say those fittings are worth nothing to you Not to me personally,

What

your present oharfer for P-83,250 a

mouth.

What would it be without the fittings?-I don't know.

Would not a callo-ship with the fittings be worth more! It is quite likely.

Defendant explained that perkeps he had no right to the fittings, which might be claimed by the owners. He might not be allowed to remove them. They might consider that he acted as their representative in accepting them. Defendant had nothing to do personally with granting the new charter and could not say whether his possession of the fittings was an inducement or not He know that Mr. Latham, as broker for his agents, was trying to arrange. a charter, but be dul not then know that Mr. Latham wanted to be able to offer the ship with the fittings The towkay asked the chief clerk to ask defendant if he could send the fittings lock, and he replied that it could not be done, He understood that plaintiffs wanted to re-char ter the vessel, if they could get it cheaper, but they wanted it for a very low price: Plaintiffs had paid him $50 a month for looking after the bollocks. It was quite an understood thing that mastors of cattle ships should get such an allow ance. If his ship did not carry cattle, he would bo 350 a month poorer.

Mr. Latham was also called.

After hearing the addresses of counsel, his Lordship gave judgment, saying this was one of the difficult cases in which positive statements on the facts were made, on opposing sides, of an opposite character. One of the things to be considered was the way the witnesses on each side sorroborated each other. There were dis-

A LING & CO..epancies between the statements of plaintiffs

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form of charter-party: used in connection with the carriage of rice, and well known in the East, was inserted in the Kish charter party, and evidence was given which showed that rice was regularly stowed in compartments of this class, and it is therefore said that, having regard to its origin, it is only a gonoral clause not intend ed to exclude a erone-bunker. He bad, however, to construo a particular charter In-Lia opinion. the space which was stipulated for in the earlier part of the charter was cut down by the express stipulation in Clause 1. The result was that the plaintiffs were entitled to the declaration prayed for

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In the King's Bonch Division of the High- Court of Justice, London (before Mr. Justies Hamilton, sitting as Commercial Judge), Inst month an action was hoard in which the plaintiffs, thecharterers of thes.a. Kish, sued the defendants,"THE HONGKONG DAILY PRESS "

declaration that } . PRINTING WORKS La Owners of the vessel, for

they wore entitled to the sum of £246, money turn cut the Best Printing at Reasonable Prices | deposited by them with Parr's Bank (Limited)

in London in respect of cargo of soya beans, проп which the defendants had claimed to exer- cise a lion. The material facts and arguments are atated in the judgment.

Mr. Soratton, and Mr. C. Robertson Dunlop appeared for the plaintiffs; and Mr. Bailbache, K.C., and Mr. Stuart Beran for the defendants.

Mr. Justico Hamilton, in the course of hie jddgment, said that at the end of May or beginning of June, 1909, a dispute arose at "Dalny between the local representatives of the plaintific, who wore shipping soya beans on board the defendant's vessel, Kish, and the captain of the Kish, who had his instructions from his owners. The point of the dispute was that the shippor contonded that having put on board some 7,600 bags of beans they had satisfied their obligation under the charter-party of March 18, 1909, on which the action was brought, and were not bound to ship any more. cargo. The captain raised the contention that he had a quantity of cargo space still unfilled, -which could be filled" without ex- coding the ship's carrying capacity. The

·SOLE AGENTS IN

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

233.

NOTICES TO CONSIGNEES

FROM EUROPE

HE ILAL. Steamship

THE

VISITORS AT HOTELS

HONGKONG HOTEL

Mr. P. E. Adams

Mr. F. Au tin

JH Baokhopea Marquir de la l'aume Dr. Harrie at ww Mr. C. F. Bird Compto Pozzo di Borgo Capt. & Mrs. F. Bogd

ekild

J. Brewater Mr. & Mrs.

& chil

• Buckland.

C.

Mr.T. CA Compée du Cuate ja

Mr.

F. T. Chappie

Air, de M. MA. Clark Mr. H. E. Colvin Mr. A. W.

Colwel

Mr. H. L. Condor Mr. J. H. Coser.

Mr.Q. G. Cumetio

Mr. G. Curry

Mr. W. Logan Mr. E. G. B. Lover Mr. D. Macdonald Mr. D. Vaedonald' Mr. B. Manto 1 Mr. C. March Mr. b. L. Markar Dr. O. Marriott Mr&Mr.4.4, Marsden Mr. G. 0; Maintoxi Mr. J. E.

Menagh Mise Berlewa Mr. D. 11. Mickle

Moutalent

Ar.

Mr. II. J. Morse

de Noveries

J. Q G. Nuo

Nr. X.

6.

Ocom

Mr. B. Owen

Mr.

* de Pacho

Mr. & Mr. Pholpa

Miss Phelpe

Piza

Mr.&M.ru, G. Da by Mr. H. Piestergen

Hon.

Mr. BacMr. L... Davies

Mr. F. Davie

Mr. P. B. Fenison Mr. J. H. Dat kan Mr. A. E. Drúnrich Mr. & Mrs. B. Frost Mr. Denman Fuller Mr. & Mrs. L. H. Garrab Mies F. H. Gin Mica V. H. Gill Vr. F Gordon Mr. & Mrs.

C. L. Gorbaca Mr. V. Glbourn

ist Gra an Mr. W. Grossman Mr. David Basi kim aines Cart T. P. Hal

ardon

Mr. A. Harr 805 1. C. E. V. Hareop Mr. A. H. Beid

Hon, Mr and Mrs. E.. A-

Blewett Mr. £. L. Biggins

Biss

Higgins

0. He gat S. Bough

Dr. S. Mr. C. Jacks n' Mr. L. Jup Mr. John Kell Mr. C. F

Kenneth

Mr. & Mra. C. G. King Mrs. M. Koch Mr, Art Kepp Mr. & Mra. I. Eros

Mr. B. J. Lewis

r. T. M. Little

Mr. & M. 64. Lloyd.

and ekild

Mr. E. H. Ray

Bir. Clifton and Lady

Robinson Mr. Clifton Robinson Mr. & Mrs. H. P. Raza Aft, & Mrs. J. H. Rulep Mr. and Mrs. Butherford

Mies Salnez

Mr. P. Scanltbefor

Mr. A. Clarey Mr. E. A. Se

J. A.

Mr. & & Mrs. C. C. Smith H. H. Solomon

Mr.

Surgeon and Mr. A. D. Spulding, ... 1. Spittles Mie W.

M. Sperberg Miss A. Equare Mr. A. Stovouson Miss I. Stoite

Mr. Alo: Taylor Misa J. 4. Tobby Mrs. Thorne Axe Thorpo Capt. K. E. Tuobban Mir, W. Waitur Mr. J. If. Wata n

Mies. A. Weir

Mr. D. White

Mr. and Mrs. C. H. V.

Mr. P. Molt Mr. 4. G. Wood

Mr. E. Marshall Wood Mr. & & Mrs. W.S. Young

and oh la

KING EDWARD HOTEL.

A. W. Van Andel

3r. E. Archbult

ir. W. A. Barley

M. P. Felts Mr. A. R. Da Miss Vario Herganoff MrW. H. Firchenough Mo& Wa Banchflower MWT. Brya

Major & Mrs. Chitty kel M asid

Vis

Соп

H I. Fisher Gibbons maid Da Gimnt.

M. Hay BM. Jonas

· LIBERIA," ·

arrived Captain Kanisel, having signees of Cargo are hereby informed that their Afr. 44. B. goods are being landed and placed at their risk Mr. P. M. in the hazardous and/or extra-hazardous Golis Dolly Keldis downs of the Hongkong and Kowloon Wharf fr. Kennedy and. Godown Company, Limited, whonce Misses K.J.M. Kennedy delivery may be obtained gesinst Bills-of-alise Ada Kirg Lading countersigned by the Undersigned

Optional Cargo will be carried on unless notice to the contrary be given before TO-DAY.

All Claims must be presented within ten days

of the steamier's arrival here, after which date they cannot be recognised...

No Claims will be admitted after the Goods have loft the Godowns, and all Gools remaining undelivered after the 17th lust will be subject to rent.

All broken, chafed, and damaged Goods must be left in the Grodowns, whore they will be examined on the 16th inst., at 3 P.M.

No Fire Insurance will be effected. by us in

Any case whatever,

HAMBURG-AMERIKA LINIE,

Hongkong Office.“ Hongkong, 11th March, 1910.

[392

NORDDEUTSCHER LLOYD, BREMEN. IMPERIAL GERMAN MAIL LINE,

NOTICE TO CONSIGNEES:

NOTICES TO CONSIGNEES THE Steamship

AMERICAN & MANCHURIAN LINE.

NOTICE TO CONSIGNEES.

FROM NEW YORK. THE Steamship

T

KARONGA,"

Captain Leslie, having arrived from the above Port, Consignees of Cargo are hereby in- formed that their Goods are being landed at their risk into the Godowns of the Hongkong and

Ltd. Kowloon Wharf and Godern Company Kowloon, and stored at Consigners risk and

ехрешно.

to

be

· KLEIST,” having arrived, Consignees of Cargo are hereby informed that thair Goods, with the exception of Opium, Treasure and Valuables, are being landed and stored at their risk into the hazardens and/or extra hazardous Godowns of the Hongkong and Kowloon Wharf and Godown Company, Limited, Kowloon, sud West Point Godowne, whence delivery may be

obtained.

le. Ad. Kolh

Mrs Lohn 3r. 1. Leykauf Mira. Ma s'on Mrs. Warlin

Mr. B. F. C. Master

Dr. Melborn

Cpt. & sira. Merlos

.*

KINGSOLER

M. C. M. Alpert Ma D. Arndt

Mr. A. Alin Mr. Barlow

Mr & Mrs. H, Bennion Mr. F. Hevington Dr. Black

35.

W, F. Brower

Mr. F. Bulner Mr. E. J. Chapma i

Dr. & Mre, e'. Clark Ms Milda Clack

3128.

Mr. H. N. Mody

Mr Moosh

Miag Moon Mulder Dr. Muller

Miss Annie Neubauer Mr. G. Often Capt. and Mrs W. G.

Pacem cro

Mi eo Pock ani msid Mr. D. Perceboîa Mis Porrebois Mr & Mia. Petrie Mr. E. Bigcid

Mr. and Mrs. F. L

Mra. Bya1 Miro. Schuel

Mr. W. E. L. Shonton Mr. & Madas Sira Mr. E. E Smith Mr. D. V. Steavanton Misa M. Stirling

Mrs.

Stiming

Miss Jessie Tho:ns

Mr. W. Wahl

Mr. II. 1. Waterwo th

PRIVATE HOTEL.

Me, W. H. Tinda! King- Mrs. Langstein Alive Langstoin Mr. & Mrs. A. C. Logan Coal J. M. Maned? Mr & Mrs C. C. Mackes Mr. H. S. Borrison ratin

Prot. Obr

Crabtree & waid Mr. P. Sydenham Dixon

E. W 4. Dowloy Mr. & Mrs. G. Gordoa Marrison

Mr. J A. Offor Mr. Wm. Fittandigh

Mr. Hans-Topper

Mr. & Mr, W. Proston

d.

Mr. Bachao Miss K. Facban

Gomd. Mr.Stivenson

Mr. & Mrs. Tibbs Mr. B. Webb

M. & Mr. H. Ham. Mr. H. W. Wilkies

phroya

Mr. W. Artholā Zɛde

Harpleys

Bu

No Claims will be admitted after the Goods MITSUBISHI GOSHI KWAISHA. have left the Godowns, and all goods remaining undelivered the 17th inst, will be subject to rent.

All broken, chafed, and damaged Goods aro All broken, chafed, and damaged goods are to be left in the Godowns, where they will bo

left in the Godowns, where they will be examined on the 17th ist, at 9.30.11.

All Claims must reach us before the 21st exacined on Turan, the 15th in 3 Dist., or thee will not be recognized

All Claims must be presented within fifteen days of the steamer's arrival here, after which date they cannot be recognized.

No Claims will be admitted after the Goods have loft the Godowns, and all Goods remaining undelivered after the 15th inst. will be subject to reut.

No Fire Insurance has been offooted Bills of Lading will be countersigned by

SHEWAN, TOMËS & Co., Agente. Hongkong, 9th March, 1910,

A GOOD START IN LIFE.

[382

No Fire Insurance will be effected. Bills of Lading will be countersigned by the undersigned.

This Steamer brings Cargo Ex. 8.9. “SINGAPORE * from Smyma. Ex. 8.8, "ORSKOLO" from Venice. Ex. 8.8. "PALITANA” from Tuticorin,

NORDDEUTSCHER LLOYD,

MELCHERS & Co.

General Agents. Hongkong, 11th March, 1910.

Mothers should early realize how essential good health is for the success of their child in after life. A badly nourished baby generally means an undersized child, wanting in stamina and vigour. If unable to nurse your baby, you must give the substitute

int most closely resembles fuman milk. No farinaceous or starchy food or unmodified cow's milk is permissible to a child under 6 or 7 months of age The Allenburys Milk Foods are so prepared as to remove the difference between cow's milk and busan lole, and they are as Ryu digestion as the natural food of the child. A

The Allenburgs" Foods are alike suitable fer the delicate and mustard, we used us directed, for the best means of "rearing a child by hand. The No. 1 Milk Food may be given alternately with the uber's milk without fear of upselling the child or causing digestive disturbance. The dreaded process of weaning is thus made easy and comfortable both to the mother and child

Allenburys Foods.

MILE FOOD K-1 From birth to 3 months.

MILE-FOOD-No. 4. — — MALTED FOOD No. 8,

From 3 mois.

From &'months and upwards;"

PAMPHLET ON INFANT 'FEEDING SENT FREE,

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[5

(MITSUBISHI CO.)

COAL DEPARTMENT.

SOLE PROPRIETORS of TAKASIMA, OCHI, MUTADE, HOJO, NAMAZUTA, SAYO, SHINNEW DER KAMIYAMADA, Collieries.

SOLE AGENTS FOR KISHIDAKE, MIYAO and KIGYO KOMATSU Cole.

HEAD OFFICE:-MARUNOUCHI, TOKYO.

BRANCH

OFFICES:-NAGASAKI, MOJI, KARATSU, WAKAMATSU," KOBE, OSAKA, SHANGHAL, HONGKONG, HANKOW.

Cable addresses for above, "TWASAKI ” Codes, AI, ADC 5th Ed, Western Union.

AGENCIES :-

YOKOHAMA : M. Asada, Esq. CHINKIANG: Messrs. GEARING & Co. MANILA: Messre. MACONDRAY & CO

For Farticulars apply to

EOISHI,

No. 2. Pedder, Street, Hongkong. Hongkong, 9th January, 1909.

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