1908-11-02 — Page 2

Mails,

THE HONGKONG TELEGRAPH MONDAY NOVEMBER

Intimation.

Lro.

1908.

CHARTER-PARTY DISPUTE.

NORDDEUTSCHER LLOYD, THE YOKOHAMA DOCK CO., LTD.estay (Oct. 91) in the Kobe Chine

BREMEN.

IMPERIAL GERMAN MAIL LINE.

You

STEAMERI

---SHANGHAI, NAG 1SÁKİ, KOBE) "PRINZ LUDWIG M

and YOKOHAMA disarana) Capt. F. v. Binsar

NAPLES, GENOA, ALGIERS.) GIBRALTAR, SOUTHAMPTON, ANTWERP and HAMBURG

MANILA, YAP, NEWGUINEA,” SAMARA), BRISBANE, SYD- NEY and MELBOURNE ................in

'* PRINZESS ALICE "

Capt, G, Rott

TO SASL

About-WEDNESDAY,

4th November.

WEDNESDAY,

Noon, 4th November.

"PRINZ SIGISMUND "................

Capt. D. Lens .................

THURSDAY,

'5 PM, 5th November.

KUDAT and SANDAKAN...............................

•{" BORNEO

Middle of November.

Capt. F. Sembill

For further Pancalara, apply to

NORDDEUTSCHER LLOYD

·Hoogkonj, 23rd October, 1908,

MELCHERS & CD.,

GENERAL AGENTS, HONGKONG & CHINA.,

MESSAGERIES MARITIMES.

FRENCH-MAIL LINES.

No. 1 DOCK.

Length Inside,514.ft." Width of entrance, top 95 ft.;/bottom 75 it. Water on blocks, 97.5 ft. Time to pump out, 4 hours,

No. 2 DOCK.

Length inside, 875 ft. Width of entrance, top 60,8 ft. bottom 45,8 ft. Water on blocks, 28.5 ft. Time \-to pump out, 2 hours.

THESE

HESE DUCKS Are Conveniently situated in Yokohama harbour and the attention of Captains and Engineers la respectfully called to the advantages offered for Docking and repairing Vessels and Machinery of every description,

J

The plant and tools, are of recent patterns for deallog quickly and cheaply with work and a large stock of material is always a hand, (plates and angles all being tested by Lloyda surveyors),

Two powerful Twin Screw Tamboats-are available for taking" Veszsis in or out Dock, and for taking Salling Vessels in or out of the bay. The fosting derrick is capab of lifting 35 tons.

"

Steam Launches of Steel or Wood, Lighters, Steel Buildings and Rools, Brid," Work, and all kinds of Machinery are made on the premises..........

Tenders will be made up when required and the workmanship and material will b gonzanted.

TAGUCHI BOHACHIRO v. DODWELL & CO.

On Wednesday (Oct. 21) in the Kaba Chine Salbanshe, before Indge Kimura and two As sociate Judges, the hearing was opened of a palition filed by Taguchi Schachiro, Is of No 133) Arata-machi, 3-chome, Kobe, against Messrs. Dodwell & Co., Limited, No. 5, Kabe, The claim in this suit is for the settlement of ad account for transport business,

-Mr. Kakisaki appeared for plaintiff, and Mr. Ota for the defendant ärm.

In opening the proceedings, Mr. Kaki saki prayed that the defendant firm be ordered to pay to plaintiff a sum of V10,572.86, together with internat at the rate of 6 per cent per annum from November tat, 1907, to the ex- ecation of judgment. Counsel proceeded to say that'oh July 20th, 1907, plaintiff, with the view

Judgment should. Brit-be given on this point before dealing with the main issun: 5

The Court pointed out that plaintiff did not appear to base this action on the charter-party. Mr. Ota replied that be presumed the action was based on the charter-party from the con- teals of the petition, Clearly, the accounts made up by plaintiff were based on the provi

is of the charter-party. This dispute, there- fore, should be decided by arbitration in Hong-

[

kong.

Mr. Kakizaki said that defendants made up the accounts of the charter of the steamer for Plaintiff, and defendants ought to pay over the Hence this action was instituted for the re- profit received. Instead, they had retained it. covery of the profit. Judging from the plan af defendants, it would appear that the owner of the steamer wore entitled to retain the freight paid. But that was not the case. They me

colved the freight only on behalf of plaintif

Mr. Ota maintained that the accounts for the term of the charter were made up according to the charter-party, Defendants, belag agents of the steamer, were fally entitled to receive the chatter-money. Though they received freight on four from Mr.. Yeasa, the money was not received as frieght, but only on the authority of the assignment of the claim in connection with the charter-party.

chiefly of conveying amigrante, to America, the defendant firm, agents of the steamer, to signed a contract with the representativen of charter the British steamer Woolwich, 2,936 tons gross. The principal items in the terms of the contract were as follows:-The term to be three months from the date of the steamer arrival at Moji; the owners of the steamer to maintain the hull and engines in a proper con dition to carry on the transport of cargo or pas sengers; the cost of coal, harbour expenses, Mr.Ota said that defendants were holding tha" pilotage and fear to agents to be borne by the money an agents of the owners of the steamer, charterer; the charter-money to be ¥9,000 per He put in the charter-party as exhibit No. 12, month or Y27,000 in all, to be paid în lental, pointing out that defendants were then referred .. ments-Y2,000 os the signing of the chaiter to as "Dodwell & Co., Agents," and that a party, Y3,050 on receipt of a telegram announ; | proviso was included that all disputes arising. cing the steamer's departure from Hongkong out of the charter-party should be decided by en her arrival at Moji, Y4,003 on leaving Kobe, ❘ arbitration at Hongkong.

and Ye,ooo thirty days after the departure from Kobe of the steamer on her first voyage the contract not to take effect before. July 30th, 1907; the chatterer of the steamer to provide all the accommodation Decessary for third. class passengers, and further, to provide stores, drinking water, cooking accommodation, medicines, medical instruments, and lifebuoys, Lod in case of need ship a doctor, and a purier in conformity with American, and Jap anese laws, and provide other accommodation sufficient to obtain a permit from the Marine Office for the voyage; the owners of the steamer (c`obtain a certificate from the Color nial Government of Hongkong that the nc, commodation on the steamer' was sufficient for third-class passengers, and also to provide life boats and a reserve of timber as might be

The cost of Docking, and repair work, will be found to compare favourably with tha Y5,000 on her departure from Yokohama of any port in the world,

Telephone: Nos. 876, 506, or 681.

Telegrams, "Dook, Yokohama," Codes A. B. U. 4th and 5th Edt. Liebers, Soutts, A. 1, and Watkins.

Yokohama, May 23rd, 1995-

18

FORTNIGHTLY SERVICE TO and FROM EUROPE via SUEZ CANAL.

TO and FROM JAPAN via SHANGHAI.

FUR

STEAMERS

TO JAIL ON

CAPTAINE SHANGHAI, KOBE, YOKOHAMA...ARMAND BEHIC.Guieboet... 9th Nov., EM, MARSEILLES, VịĄ PORTS ...........POLYNESIEN ́.... up. Broc .................toth Noy, at I P.3". SHANGHAI, KOBE, YOKOHAMA „DUMBER.Bayernägid Nov, P.M. MARSEILLES, VIA FORTS .......................TOURANE ..................eming, Lancalio „ajth Nor, at 1'RM

Transhipment on the Co's Steamers at Singapore for Batavia; at Colombo for Galcutts, Bombay and Australia; at Port Said for the Lurant, Donstantinople and Black Sas,

Through Tickets to London via Pads from La7.10 up to £rium, ng hours' rallway from Marseilles to London.

Jolerpisjert mec, passangan at their artisal in Vinsolites

For further particulara, apply to

Hongkong, 27th October, 1908

Shipping-Steamers.

REGULAR THREL WEEKLY SERVICE

JAVA-CHINA-JAPAN

BETWEEN

JAYA, CHINA, AND JAPAN,

LIJN.

Steame

From

Expected ov or about

Will leave for

JAPA

JAVA

SHANGHAI TAPAN

JAVA

First ball Nor First half Nov.

Fist ball Nor. Second half Nay. Second half

-Nov-

First bali Doc

JAVA

SHANGHAI

JAVA

JAVA

SHANGHAI

JAVA

TJILIWONG.

TJIMAHI...

PULATJAP

TJIKINI ...

TJIPANAS.

TJIBODAS

139

On or abou

First ball Nov. First hall Nov. Second hal Nov. Second balt Nov. Second kall Nor. First half Dec,

The Beamers are all fiind thrögbont with Electric Light and hayn Accommodation ios. 4 limited number of Saloon Passengers, and will take Cargo to all Netherland India Poils *ibrong Bills of Lading, -

For Taticulars of Fròight and Panags, "apply to

P. NALIN.

ACTING AGENT;

QUEEN'S BUILDINGS.

[14

telephone No.176

YORK HUILDINDE, 1st floor,

Hongkong 30th October, 1908,

CHARGEURS REUNIS.

FRENCH STEAMSHIP Co.-HEAD OFFICE: PARIS.

ALL ROUND-THE-WORLD-LINE.

Outward: ANTWERP, DUNKIRK, LA-PALLICE," MARSEILLES, GENOA, NAPLES, COLOMBO, via SUEZ, SINGAPORE, HONGKONG, CHIN. WANTAŬ (Peking, Tientsin), KOBE, YOKOHAMA,

GENOA TO. HONGKONG # 30 DAYS, NAPLES

事

29-

Unique opportunity to make a tour in Nonk-Chios' and Japan with the Greatest Speed

Sa ety and Comfort,

Transpacifio : VICTORIA (B,C.) VANCOUVER, SKATTLE; SAN FRANCISCO.

Connecting with the Canadian Pacific Railway,

FREIGHT to OVERLAND.......................................................}

PASSENGERS to OVERLAND and EUROPE) via VANCOUVER,

YOKOHAMA-VANCOUVER.13 DAYS.

LONDON and PARIS...25

Homeward: MEXICO, RIVER PLATE, BRAZIL, LA PALLICE, LIVERPOOL,

VIA MAGELLAN STRAITS.

Proposed Bailings :/"

‡ CORSE..............ji, 16th Nov

1 † AMIRAL MAGON .......ith Jan, 1909.

I New Twin Screw 16,000 Toas displacement, 1st class accommodation, splendidly

equipped with single berth cabins.

* latarmediate class and rates of passage. -

All round the world ticket by thasa bozia, &c.

For further Particulars, apply te’-

Hongrong, in October, 1908.).

JAVA-CHINA-JAPAN LIJN.

MESSAGERIES CANTONAISES.

[16

FRENCH LINE OF STEAMERS BETWEEN HONGKONG. CANTON AND KOPANG-91.

5.S. "PAUL BEAU,” 1,900 tons, 14 knots 2 ES CHARLES HARDOUIN," s,poo tone, 14 knots,

The spoodless, most luxuriously appointed and punctual steamers on the line. Departure from Hongkong at 10 P.M. (Saturdays excepiad); Departure Bom Oqutoy si 5,15 PM. (§'un daya ́axceptad),

These superb, steamers carrying the French Mall are fitted throughout with Electric Light and Fana and ware specially built for this trada: Excellent cuisine.

The Company's Own Wharf near-Wing Lok S:reat and its berth in Canton opposite For further particulars, please apply to the COMPANY'S OFFICE at Shameen, Canton,

or to their Agents BARRETTO & CO., Hongkong,

Shamenn.

Bengkong, 9th October, 1908.

P. NALIN, FRENCE MAIL OFFICE INTERNATIONAL SLEEPING CAR

(40

WEST RIVER BRITISH

COMPANIES,

STEAMSHIP

HONGKONG WU D;HO W⋅

LINK:

THE SEAMOTO

" LINTAN" and "SAN-DI," 14L PRO HOTOKONG TWICE & Werk and CoMPLETE THE' ROUND TRIF 1# & Davi. Those steamer, have' Excellent, Salone Sccommodation, and are Lighted Throughout by Electricity, T THE CLIMATE ON THE WEST RIVER DURING THE WINTEE MONTHS;1

Vetus na mas a VERY FINE AND EXHILIRATING.

For further information apply to-ni

BUTTERFIELD & SWIBL

WEST: RIVER 'BRITJER

COMPAMIES

COLD STORAGE,

[*1

raquired.

After reading these terms Counsel went on to say that the steamer arrived at Moji towardı the end of July 1907, and there plaintiff shipped .1,000 tons of bunker coal. Upon the arrival of the steamer at Kobe on August and, 1907, 10 application was made for a permit for a foreign voyage, but the application was refused by the Marios Office, on the ground that the steamer was oot properly qualified to carry emigrants. Some of the emigrants to be carri ed bad already been shipped. Thus a beavy loss was threatened and a consultation was | held as to what should be done. Learning that & steamer chartered by a foreigner was allowed to continue ita voyage to the ultimate port in Japan, by which some time would be gained, plaintiff and the defendants conruited and

steamer to Mr. A. M. Forbes, a foreigner, the nominally transferred the charter right of the steamer being sent on to Yokohama, However, the owners of the steamer having falled to pro vide the accommodation ascessary for a ocean voyage, the Yokohama Marine Office would not grant a permit any more than the Kobe office, and the steamer had to lie idle io Yokohama till the 28th August 1907." Cargo for Kobe and Moji belonging to Mr. Yusin Takenosuke was already engaged at Sexitle for the homaward voyage, in the event of the steamer proceeding from Victoria to Seattle, On a consultation between plaintiff and defend. acts and other concerned, it was arranged that the accommodaties ascessary to enable a permit to be issued be provided by defendants, the collection of freight on both voyages to be left to defendants, and farther that on the con. clusion of the voyage the accounts should be settled by defondants. Under these conditions, the steamer, with a number of emigrants and some cargo, left Yokohama for Victoria on

August 28th, 1997. As previously arranged,

the vessel proceeded from Victoria to Seattle, and shipped at the latter port 145,000 bugs of four as engaged by Mr. Yuasa.......... The 'cargo was delivered to the consignee

Mr. Kakisaki asked whether "defendants admitted that they had received the money for the freight direct from Mr. Yoase.

ed as the result of the assignment of the claim. Mr. Ota replied that money had been receiv He put le a note of assignment between Mr. Forbes and Messrs. Dodwell & Co., as exhibit No. 2b.

Mr. Kakisaki said that the money from Mr. Forbes had no tight to assign the claim against", Yuasa should have gone to plaintiff Mr."

Mr. Yuasa

Mr. Ota waid that defendants were entitled to receive freight on behalf of the owners. They were also apiitled to receiva’the charter-money!

Mr. Kakisaki asked whether defendants held that any dispute arising our of the receipt of the charter-money was to be decided by arbitration,

Mr. Ota admitted that this was 10.

The Court decided that the question as to whether the dispute in, this case should be submitted to arbitration: must be first settled. Judgment on this question is to be delivered „on the 18th instant, Japan. Chronicle

Intimations.

BENGERS

Food

is quite distinct from any other. It possesses the remarkable property of rendering milk, with which it is mixed when used, quite easy of digestion by children, invalids and convalescents.

Benger's Food, is sold “în Gins by "Chemists,

everywhere.

FRENCH

at Kobe and Moji, the contract being thus ful- filled. The cargo shipped by Mr. Yuasa re- presented 3,615 tons in amount, and the freight. agreed upon was, Y5 per ton (40 bags), so that the total amount of freight dus was Y11,750, The chaner-party of the steamer should have the loft a large margin to pay' to plaintiff, and a repeated demand was made to defendants ta

settle the accounts. At last the accounts ware made up, but they were so inaccurate that pialaila was unable to accept them. Even if |_ the accounts" for the voyage” of the steamer from Yokohama to Seattle ela Victoria ratom.. ing to Kobs and Moji with cargo from Seattle, were made up in favour of défondents, the THE HONGKONG 108 COMPANY amount receivable by plainile would be LTD LAY DOW 40.000. Ombic feet of Y10,572.86, representing the total amount of COLD STORAGE avaliable at EAST POIN”. Stores will be Open at 10 AM, and 2 ww, plaiqtiff's claim, Y41,004,6%, less expenses to daily. Sunday excepted, to receive and deliver be borne by plaintiff, Y33.431.76. As nirendy perishable goodr

explained, the result of the charter-party should WM PARLATN,

GRATIS- 06.

(THE

GREAT TRANS-SIBERIAN. KOUTE

TO KUKOPE.)

Manager,

↑ Hongkong, ngad Tume, roof.

HAVING bean appolatad AGENTS: for

have represented a large profit to plalatlay add | ther

a recovery of this, legitimate proft was therei fore claimed.

[728-

STORE

(late A. Chazalon & Co.),

6, QUEEN'S ROAD CENTRAL,

AVE just received a Fresh Assortment of AMERICAN, GOODS comprising following

SALT HERRINGS, MACKERELS,

SALMON BELLIES, CADFISH

BLOCKS, SPICED NORWEGIAN ANCHOVIES SARDELLES, CANNED FRUITS, ASPARAGUS,

Hongkong, zand August. rood,

TH

AM APPEAL.

THE SUPERIORESS of the ITALIAN CONVENT, CAINE ROAD, begu: most

GREEN ISLAND CEMENT COMPANY | Mi, Oma, for the defence, raised a demurrer - respectfully to "APPEAL to the "Residents of

LIMITED,

and refused to answer the suit. Counsel sald Hongkong and the Coast Paris, for their kind tbat defendants signed the charter party on bao thua são, will be pleased to receive onders for patronaga andaupport, and desires to stata half of the owner of the Woolwick, all other | all kinds of NEEDLE WORK, manga pë

PORTLAND GEMENT,

abowt ¿Comp

pleased to give any informačen

· we shall be

In Carks of 375 be..net 85,50 pes

Factory

SHEWAN, TOMES

acts concerning 'it being done by the owners, Gentlemen's Shirts made to under, and Cary Plaintiff was acting without warrot in suley and Collars manned on old ones, pr defendants. In other words, the defendant firm .......... Ladian and Children's Under cloning, wille Was nothing more than the gents of the dren's Dresses, and mil kind lis Bage of nge Be" net 83,45 per: Fag | 1'coleich and all disputes arising out of the materials can be suppilad, if

Charter-party should be decided by arbitration for any Payan, GE DIGY

The Buperioress will also According to Articla ay of the charter-party. At Into Books for the Chi

"on, plaintiff's past to bring such who as tincht "the Court,:: Cona:ql'applied that | Harelisteaint Bar

Factory: SHEWAN TOMES & Ue”