1922-06-26 — Page 2

THE HONGKONG DAILY PEESS, MONDAY, JUNE 26TH, 1922.

THORNYCROFT

JOHN L. THORNTUBOFT 00, LIMITER, {SHIPBUILDERS AND ExcisXXI,

Lowner, BoKAMPFOR AND BABITOK),

Shangbai Office :

10, Kiukiang Road:

15 B.H.P. 30 B‚3⁄4‚P. 50 B.H.P. Engines

in Stock

For quotation apply-

SHANGHAICOFFICE.

An exceptional offer of

Aertex D'AY

Cellular SHIRTS

in a lightweight dine mesh, The

most comfortable shirt for present wear. All sizes from 14 to 17, werkband,

"10 dozen only at

$5.50 Excue 6 for $30.00

Usual Price $0.50 Fach.

MACKINTOSH

& CO., LTD.

Men's Wear Specialists.

Alexandra Bullding, Des Voeux Rosd.

WHITE WASHING BELTS

WITH DETACHABLE BEKLES $1.50 each.

Extra belis 31.00.

NOW IN FULL SWING!

REDUCTION SALE

OF

DEPENDABLE SUMMER MERCHANDISE

All Goods

marked at their Lowest.

Extraordinary Offerings.

COME EARLY.

SALE

"TIME TO BUY.”

THE SINCERE CO., LTD.

TELEPHONE 92.

TELEGRAMS: WARFIELD.

THE BIG CASH DRAPERS OF THE EAST.

45 BRANCHES EAST OF SUEZ. BEST VALUE FOR READY CASE.

NEW GOODS

WE HAVE JUST UNPACKED VERT LARGE CONSIGNMENTS for HOT SEASON WEAR. all bought al rock bottom rates & priced accordingly. Or System of Cash Buying & Selling enabled us to iecure during the recent trade depression many tempting bargains which were only available for Spot Cash-thig bezofit has been passed on to our customers. OUR SPECIAL SUN HELMET.

AURA

PATENT

VENT

WEIGHT:

10 OZ.

ONLY

Specially made for us by TRESS & Co., London. Covered good drill and finished with Puggares and Chin Strap. ALL BIZES NOW IN STOCK

KOTE" OUR PRICE: $11.50 (BACH.

WHITEAWAY, LAIDLAW & CO., LTD.,

20, DES VŒUX ROAD CENTRAL, HONGKONG.

THROUGH BILLS OF LADING.

AN IMPORTANT ACTION,--

́SIBERIAN RAILWAY -

RUNNING. HOW TO" GET HOME BY SOVIET LAND.

GOLD. KOUBLE CHARGE,

good any loss or damage to the goods during the transit from Brastvag to Han burg, if the owners of the Kier failed t do so, ur () would indemnity the respon In an appeal beard before the House of dents against loss or damage affecting the Unless the Lords (Tard Buckmaster, Lord Atkinson, goods during that royage. Lord Sumner, Lord Wrenbury, and Lord words were words of contract to the Carson), known as Hansson r. Hautel undefect first above mentioned, they were.

PERING, June 10th, Horley, Limited, the House dismissed the useless to the appellant, and even so the

In a recent interview Mr. Semion appeal frost un oriler of the Court of A question arose on the face of document peal raversing a judgement of Mr. Justice what authority, if any, the captain of the Nikolaeritch, Deputy Minister for Trans Al-mart of his agent, Mr. Taul, who pert of the Russian Far Eastern Republic, Bailhache,

Negotiations are still in prog

progress-b The question raised by the appeal was signel for him, had to bind his owners said as Chite :--- whether certain documenta tendered by by words of promise in respect of zween the Government of the Far Eastern areador under a c.i.f. contract me through Toyage which was already over before he Republic, and the International Wagons bills of lading were proper bills of lading had anything to do with the goods on beLita Company concerning the running in compliance with the contract and such half of the Osaka Company. Prima facia the company's cars over our lines.

he had none, and then was nothing appeurs to me that an amicable ng the buyer was bound to decept:

The appellant in Sweden sold to the shown to rebut the presumption. Nonent will be reached. respondents in London 600 tons of cod doubt a question might arise on any bill of lading whether the captain had in gusno to he shipped from Norway tofnet, siguel for more goods than were Japan c.i.f. Kobe or Yokohaut, payment net chak against documents in Londen. put on board, and, if so, whether he hail The guano was shipped towards the end special authority to do so, but the process of having to purchase large

NOW ON SÅLE.

THE DIRECTORY

14

AND CHRONICLE:

FOR CHINA

·

1922.

JAPAN, KOREA,

INDO-OHINA, SLAM, STRAITE.

SETTLEMENTS, MALAY STATES,.

NETHERLANDS INDIA PHILIP

PINES, BORNEO, Ern,

ble arrange With regard to the opening of the Siberian milroad for passenger traffic. such trafic already exists and arrange ments have been made with Soviet Russia respecting through fares to Moscow The SIXTIETA doubt raise here, if not dissimilar in

quantities of Soviet paper money has been kind, was different in its actual forts and

done

with and the Sorjet. Govern- away much greater in degree. Of course, noment has arranged a gold standaril so that

is money

for the acceptable contract by way of indemnity or by way our (F.E.R)

Foreigners desiring to travel through of guarantee of answering for the de-Moscow Government lines. fault of another would satisfy those re-

cheaper to travel in groups, engag to Europe will find it more advantageous

the necessary viser ing a special car for the purpose. from their Consula afterwards he made to the representative of the

of April, 1921 in three different parcels from Trondhjem, Braatrag, and Christian sund, respectively, and as there was no direct communication from those ports to Japan the game was carried by a loos stemer, the Kieu to Hamburg, under bill of lading April 22nd, 1920, and wasquirements of and i ale which involved contraet of afreightment, there transhipped to a Japanese steamer is different defence were available on

the

and.

For visén

Allannars, which carried it to its them and different indidents attached toers should posse application should |

them from those applicable to a bill of lading. Still loss could a mere recital of

iets woul

NOT GOOD TENDER.

(Mr. O... Government at Harbin

ANNUAL ISSUE

containing

*1.800 FAGES! +14 MAPS!! SPECIAL NEW MAP OF HONGKONG AND THE NEW TERRITORIES.

Price.

...: $12

Abridged Edition

Not only is the Directory as full and complete each cast as it can be made, bat each Colony TION, carefully revised each year, most of Bort or Scilement is prefaced by DESCRIP which will serve as accurata GUIDE TO TIK: TOURIST, giving avery detail in connection with the places, their History, Topography, etc.

destination. The agent of the Athumar

- THE DIRECTORY covers the notable even at Hamburg, a Mr. Lied, undertook, to

who will afford every ports and eities of the Far East, from Natura issue through bills of lading of the gods

ossible facility for travel. Applications ands India to Eiloria, in which Europe na soon as they came into his possession,

for special cars should also be made to reside. and he did issue bills of lading, bearing

on the date May 5th, which the appellant ten- With all deference to the very weighty him so that the cars can be ready dered to the respondents on May 12th.opinion of Mr. Justice Bailhache to the arrival of the passengers at Manchali The form of these bills of lading was as contrary, those words wens mere words In addition to large cars with seating follows:--The document was

headed of racial, but, even if they were what accommodation for persons the Chita Government can furnish naller cars with Through bill of lading" and it contained the appellant ecntended that they were,

a espacity of from four to 10 senta in the margin these statements: From he thought it was clear that they did

The Chita Government hopes to reduce Brastyag according to bill of lading on not make the ocean bill of lading a good the passenger and freight rates in the

The Information in these Descriptions, consist the 22nd April, 1920," and it began thrs, tender in this case. The bill of lading near future.

The cost of a first-class ear for 24 bering of a hundred interesting articles, packet Shippel in apparent_cl order and by the Kier was orginally a

with facts concisely set on and containing condition by Messrs. Haniel and Horley, with the appellant himself, and never ons is as follows Limited, on board the steamship Kier nas, bor in any normal course of busi-Manchuli Station to Chita..... 300 statistics of the TRADE of such Country and

Chita to Verkbar-Udinsk..

180 port, would alone suffice to fill a large volume. lying in or off the port of Ematrag und mess ever would be, tendered to the resekhne Udlinsk to Mosrow bound to Hamburg for transhipment into pondents. As there were not, he sup-se of ear,"Chits to Moscow the unka Shosen Kuisha's steamship posed, to be two cotta ets for marring: and Moscow, to Chita Allen warn 1,500 bugy cod guano as far as Hamburg, this was "strong-te

to be deliveret the port of Yokohama .. unto onder.”

contract

Chita hits to Verkhne-Odinsk Verkhne-Udinek to Moscow...... Use of one, Chita to Moscow.

and Moscow to Chin

1,450

600

GR. 1,290

.G.R.

The Book is printed from New Type specially reserved for the purpose, and uniformity in every Arriagament greatly facilitates reference.

Besides the usual Alphabetical List of Firms the Directory gives the CLASSIFIED LISTS of TRADES and PROFESSIONS at the gr Commercial Centres.

The

the Far East contains the names of over 90,000 FOREIGNERS, 300 190 arranged, with the Initials as well as the 'Sar 1.150 names, in strictly Aphabetical Order, so that

any name can be found instantly,

show that the appellant never intended the mean bill of lading to be a contract

This makes the fare for each passenger The respondents loclived to accept these of carriage from Brantvag to Hamburg. bills of lading on the ground that they When documents were to be taken up the R. 195. The car will be taken care of were not such bills of lading as would fuldt buyer was entitled to documents which, by the Soviet "Railways and switched on the obligations of a vendor mider a c.i.f. substantially conferred protective rights to their trains. The above figures repre- contract. The respondents having refused throughout. He was not buying a litiga sent, Soviet currency in gol which has ALPHABETICAL LIST of RESIDENTS is

The cost of a car also first-class, "for 10 to accept the bills of kaling or to pay for tion, as Land Trevethin (then Mr. Justice recently beu obtained.

persons is a followe the goods, the appellant sued them to re- A. T. Lawrence) said in the General cover the price. The amount of damages Trading Company's case 16 Com. Cas. Manuchuli to was agreed and the only question in dispute at p. 101). These decuments had to be handled by bauks, they had to be taken wax the sufficiency of the bills of lading

Mr. Justice Bachache held that the up or rejected promptly and without any through bills of lading by which the opportunity for prolonged inquiry, ther Japanese company took upon themselves had to be such as could be restendered to liability for the whole voyage were pro-subpurebusers, and it was essential that perly tendered, and that they complied with they should so conform to the "bernatomed the obligations of the vendor. He there-shipping documents as to be reasonably and reality ft to pass carrént in com- fors gave judgement for the appellant.

Ho was quite sure that, in mere. the cirmstances of this case, this ocean bill of lading did not satisfy these "con- ditions. It bore notice of its insufficency and ambiguity on its face; for, though anys: called a through bill of lading, it was not the city.

The Court of Appeal (Lords, Justices Bankes, Warrington and Atkin), on the contrary, held that as the vendor had not made a contract of affreightment in a form capable of being transferred to the buyers covering the whole vorage, the so-called through bills of lading were too late in really so. point of time and were not a compliance with the obligations of the contract.

Mr. Lack, K.C., and Mr. N. "L. Macaskie appeared for the appellant; and Mr. E. A. Wright, K,C., and Mr. Henry O'Hagan for the respondents.

200

G-R. 2,430

This brings the fare of each passinger to G.R. 243. There will be no delays at Verkane-Udinsk in connection with the Soviet, Government regulations.-Reuter,

THE MAPS AND PLANS of the principal ports of the Far East have been engraved by one of the most eminent Firms ie Great Entain and are annually corrected sad brought up to date

The CHRONICLE covers the notable events together with the Terts of all the most import ans Treaties concluded with the countries of, Easter

Asia, the varions Customs Tarifts A novelist" writing about Calcutta Trade Be Commissions, Cossular and Court Chambers of Commerce, There is very little humour in Scaler of

It is full of Scots." That Fees, Hongkang Stamps Duties, Signal Codes, Chinese Festivals, Tables of Money Weights and Measures and other Com marcial Information.

It was the contract of the novelist, of course, is a Sassenach. · subsequent carrying only, without any

The Railway Clearing House Ins complementary promises to bind the prior

transit. The announce important reductions in goods carriers in the through

rates on the English and Welsh railways. appellant's contract with Mr. Lind was not transferable by indorsement and de-In some cases the percentage increase ofer livery, nor was it tended; the Kir bill prewar rates has been reduced by 25 per of lading he kept to himself; and endorsed cent. to Mr. Lind under his own contract with

"ON SHIPMENT."

· APTEAL "DISMISSED.

If then, the port of transhipment - wns'

This ocean bill of liding was, therefore, on that ground also, in his opinion, a bad

It is published at the Office of the "Buss LONG DALY PRESS,"

The Directories and Descriptions are of

- Peliz

Tientsin Peitaiho

-CHINA.

Boochow

Canton

Chinkiaus

Whampoa

Nanking

Kowbor

Lappa

Kewkiang

Shameni

Kongmoos

Chintangtao Wohn

Taku..

Anting

Manchurian

Trile Ctres Newchwang Dairen Port Arthur Chefoo Weihaiwe Trmanfa

Bankow

Ichan

Nanning Wuchuwfa KC Chatwar Pakhci Floibow

Lingthos

Maagise Hokow Szemsó

Langchow Ningpo Wenchow Santuao

Mladen Shanghai

Foochow

Harlin

Swatow

Amoy Kirin Lung kow.

Tengines

Changch wa

Banchon

Langebingchan...

"JiyaN & FORMOSA,

Tokyo

Ocak

Moji

Tainania,

Hyogo

Koba

Nagasaki Hakodata

Takow Anping

Saimuncseki Tamuni

EASTERN SIDERIL.

Vadirest

Nicolajersk

Crosza (Korea).

• Ston

Wonsan

FSI

Pingyang

Chimap Bongchin

Fasн INDO-Cam

Quinhos

Hug

Touise Saigon Cambodge

JUDGEMENT. Lord Summer, in giving judgement, said hini. He (Lord Sumner) did not suggest that the caly question argued on the apthat tealer of either document would curing a bill of lading. "If the Kies had peal was whether the respondents were have carried matters any further, but, as een lost with the gnano ou the coast right in refusing to take up and pay for things stood. the buyer was plainly left of Norway, no contract of afreightment to Japan wooll have been procured ar certain shipping documents tendered to with a siderable euns in the documen them on the appellant's behalf by his tary cover to which the contract entitled forthcoming at all. The matter was well bankers in London. The bill of lading him.

teste thus in the Court of Appeal In was itself dated after the costrnet time

the absence of express stipulation, ship of shipment-March-April, but it stated

The point was also put in a slightly ping documenta under a contract of sale in the margin, and truly so, that accord. ing to a bill of lading (namely, the local different way, which equally, related es-on cf. and i. terans must be tendered to ment (iddell... Horst [1011], 1 KB, one), shipment at Branag was within pecially to bills of biding, Mr. Justice the bayer as soon as possible after ship- the contract time. It stated, further, that Serviton pointed out in Landauer v. the goods, whoa shipped in the Kiec, were Craven (1912 2 K.B., 91) that in sales at p. 955). in apparent good order and condition, of goods c.f. and i, the contmet of af but it was silent as to their condition at freightment must be procured "on ship-

Of course this was practicable later on in the through voyage, a buyer Hamburg. There was no express statement." ment that any goods had been shipped in wind common, even when a through light be entitled to tender the documents the Atlas-maru at all, or, if so, in what of lading was necessary, containing prolong before any through bill of lading to

Yokohama inter Japan had been signed or procured at all, order and condition they were when vision for trasshipment at an

a local to an ocean when there was no bill of lading in crist shipped, and it was reasonably plain that mediate part from

Hel ence except that to the intermediate port. that the Kiev lid not belong to the Japan steamer pot in the same on nership. ese owners of the Allarmara. The un- did not understand this proposition dertaking to deliver in Japan would. in meaning that the bill of lading would be the absence of special authority to those bid, unless it was signed contemporane touder. Though the document was called with setual placing f the through bill of lading, it was not really so, signing, the bill of lading, apply only to ously such cargo as might, in fact, have been goods on board, "On shipment" was an for no one contracted by it for the carriage shipped at Hamburg er board the Allas expression of some latitude. Bills of lad-through from Braateng to Tokobama opinion mary, and no one would assume, without ing was constantly signed after the load-Accordingly he expressed no actual evidence of it, that a person like ing were complete and, in some cases, adverse to the suficiency of through bills of Chemulpo Mr. Lind, signing on behalf of the cap. after the ship had sailed. He did not lading, properly so called, as a lender tain of the Allas-mard had any authority think that they thereby necesarily censed under a contract like this, t

He would add that the evidener given to bind her owners for the carriage by to be procured on shipment," nor did the Kier or the owners of the Kiev fore suppose that the learned Judge eo to prove course of business between anything at all. The question was wheutended his words It might also be contracting parties or a custom of mer ther this ocean bil of lading was a good that the expression would be satisfied, chauts generally affecting the norms! re tender under the contract of sale, and even though some local corringe on Inquirements of ae.f. and i contract, failed whether the respondents were bound to land waters or by canal or in an estuary to establish any distinction in this cate, take it up and pay for the consignment by barge or otherwise, preceded the ship and he had any observation to make on A et and i. seller, as had often been ment in the ocean steamer, provided that the effect of such evidence had it been pointed out, had to cover the buyer by the steamer's bill of lading covered that sufficient. The gist of it, however, was procuring and tendering documents which prior carriage by effectual words of con- that although in me cases the Japanese would be available for his protection from tract. On siipment" was referable both line either appointed an agent at the shipment to destination, and he thought to time and place. In principle, however, Norwegian port or gave authority to the that this ocean bill of lading afforded the and subject to what he had said, ho accaptain of the local steamer to sign a buyer no protection in the interval of 13 cepted this opinion of so great anar-till of lading on their behalf at and from days which clapsed between the dates of thority, and he was quite sure that a bill that" port, which would, of course, be a the two bills of lading and presumably of lading only issues 13 days after the real through bill of lading, in cases where between the departure from Bratvag and original shipment, at another, post in an-they had no control over the cargo until the arrival at Hamburg The initial other country many hundreds of miles it reached Hamburg, of which this was words, on which the matter depended, away, was not duly procured on ship an instance, they would sign only at and Indeed, the ocean bill of laling from Hamburg, and would not issue a might be put as a mere recital of a factment.

or as words of contract, and in the latter was not procured as part of the cf. and through bill of lading sines they, weza case the contract might be that the shipment at all, and on shipmont"not booking the cargo for the whole owners of the Atlas mars would (1) be did not, at any rate, mean on reshipjoney at a through rate. He then ex- answerable for the safe carriage of the went or on trans-shipment. It was not amined the case of Cox McEwen Mal goods from Brastrag to Hamburg, though enough that at the time of the initial cofm (1912, 2 KB, 107), and hold that it they had not actually married them, sab shipment, the cf. and i. eller procured did not touch, the present ide To the ject always to the perils excepted in their contract by correspondence with Mr. result he thought that the append should own bill of landing, though those did not Lind for the forwarding of the goods by be dismissed. correspond with the exceptions in the an ocean steamer, for that we not pro Kic bill of lading, or (8) would make (Continued at foot of, next column.)

The other Boble and learned I rds con

curre

Kaman

Hoxerox A DEFENDENCIES, MACAR

Hanoi

Haiphong Annam Tonkin

Provinces

Manila

Sariwak

Brunei

British North Borneo

Paharg Koda

Perils

MAZAT STAKES. Peak

Bolanger. Negri Sembilan Joharo Kelantan Trengysou

STRAITE SETTLEMENTS NE Singapore, Penang, Malaces, Prov: Wrikesley

NETHERLANDS ISDịà. Bamiring Boarslays

Batavia Buitenzorg

Fast Coast of Sumatra

Padana Marissar

BRITISH AND AXTLIOAN SQUADHOOL IN

CHISA AND JAYANA

J