1908-11-11 — Page 3

Intimation.

Powell's

ALEXANDRA

BUILDINGS.

GREAT

CASH SALE

of

THE HONGKONG TELEGRAPH WEDNESDAY NOVEMBER 11 1908.

NISSIONARY'S LIFE.

PROTRACTED LITIGATION.

The suit in which Mrs. Appenzeller and bar four children claim from the Osaka Shosen Kaisha damages amounting to Y80,850 for the loss of bushand and father, in addition to Y6,000 for each plaintiff as solatium of their bereavement, is still dragging along in the Courts. As will be remembered the case hai.

been proceeding for over three years through appeal after appeal, the hearing being open ed on September 18th, spog, in the Osaka Chibo Saibantho. It may be wall to recall the facts of the case. The Rev. H. G. Appso zellar, of Lancaster, Pennsylvania, U.S.Ai, a missionary working in Koren, for the loss of whom, the compensation is claimed, was a passenger, on board the Q. 3. K. steamer, Kumagatua mara, which sank ina collision with the Kingawa-marm,also belonging to the Osaka Shosen Kaisha, off Chemulpo, June 11th, 1902 tha` reverend gentleinau being among #the drowned, An action was brought by his family against the Duka Shosen Kaisha claiming damages for the loss of husband and father, as mentioned. Counsel for plaintiff arged that the death of the missionary was dus, to negligence on the part of the captain of the Kitagawa-mars who was a servant, of

Household the Osaka Shoaẹn Kaisha. Judgment was

Furnishing Goods.

Now Proceeding.

ART MUSLINS. ART SERGE.

BEDSTEADS BLANKETS. BEDSPREADS.

CARPETS.

CANDLE-SHADES. COIR MATTING. COOKING

UTENSILS.

CREPES. CRETONNES. CROCKERY..

MB CLOTHS.

CUSHIONS CURTAINS.

FENDERS. FIRE IRONS. FURNITURE.

t

LINOLEUMS.

LAMP SHADES..

RUGS.

SATEENS.

STAIR LINENS. STOVES.

&o., &o., &c.

GREAT

BARGAINS.

POWELL'S

ALEXANDRA

BUILDINGS.

Mr. Kakisaki prayed that the appeal be dis missed "and" ibat respondents be ordered to bear the costs.

Mr. Mawjima prayed that the appeal be dismissed, and quoted the facta moniloned, in the first judgment of the Oska Caiḥ | Seibtosho awarding Y8 0.0 to each plaintiff.

Consignees,

Intimations.

CO.LTD.

CHER LLOYD, BREMEN. HONGKONG ST. ANDREW'S SOCIETY. CHINESE ENGINEERING & MINING

GERMAN MAIL LINE;"

„NOTÍCE="TO, CONSIGNEES.

Mr. Yamamoto said that in order to expedite the proceedings he would not dispute the THE Steamship amount of damages and the ground of claimi as already settled.

Mr. Sunagawa said the question at issue in this case, at the present juncture was the question whether the abandonment to she cospondents (the family of the deceased) of the steamer, etc., to free the Osaka Shosen Kaisha from liability was lawful or unlawful, Counsel urged bath-bandonment was lawful, and that the'r at company had already abandoned to the tes, nodenta Y 1,327, the arust of freight which the Auray warm had obtained on her last voyage, and lud claim of damages against the chief mate of the steamer for im- per navigation, together with the verse! and gear, and had nothing farther to abandon The appollant company was not bound to pay Y8,050 to each plaintiff in addition.

Mr. Yamamoto maintained that the aban donment of the ship, &c, lo plaintiffs could not be regarded as freeing the defendants from ability. The Kumagawa-miru wis abans doned three or four years after har founder ing. She was not abandoned at the end of the voyage as provided for "In the Statute. The clalm of damages against the chiaf. mate of the steamer was of no value, he being already exonerated from liability by vir tue of prescription. Even if the abandonment was valid, the appellant company was guilty of delinquency in delaying the abandonment, and must be held liable in demagos. →-Mr. Kakisaki applied for an adjjumament in order to give him time to be fully prepared.on the question now at issue, which would govern the success or failure of this case.

given for plaintiffs in the 'Uraka Chiko Saiban sho on March 13th, 1906. On consideration of the faces of the case, the Court awarded com prosation to the extent of Y8,900 for each plains Gff. The Osaka Shosen Kaisba appealed 'te the Osaka Appeal Court, from this decision, lo making the appeal the Oaks Shoven Kaisha admitted all the facts adduced by plaintiffs, and the justice of the claim, but said they were pres pared to abandon the Kumagawa-mara-lying at the bottom of the sea of Chemulpo, to plain

ff, and thus hea themselves from liability, crding to Article 44af the Commercial Code, which says:Asbipowner can fres himself from bability for acts taking place withinthelimits of legal authority, or for damage to other persons caused by the acts of the master or anolber miriner in the performance of their’duties, by, abandoning to a creditor at the end of the voy. ago the ship, the freight, and all claims for damages or commission which have accrued to him in relation to the ship; unless he himself is in fault." The Appeal Conit endorsed this view, and, quashing the judgment of the" lower Courl, on July 19th, 1506, ordared the Osaka. Shosen Kaisha to abandon the wrecked stermer to plaintiffs, and to surrender' to, them, all' rights to any insurance, money for the foundered vessel. From this decision plain THE Undersigned have received instructions

liffs carried the case to the Supreme Court, which uphold the appeal, and on March 5th, 1907, quashed the decision; tending the cane - back to the Osaka Appeal Court for re-trial a result of the re-trial the Osaka ~Appeal Court-dismissed the appeal (of the Oraka Shosen Kaisha), and upheld the decision of the Osaka Chike Baibansko, awarding Y8,000 10 each plaintiff. In giving reasons for its judgment, the Appeal Court pointed out that the Osaka Shosen Kaisha admitted the death of the husband and father of the respondents _(the_family_of_the_ deceased) in the circum

stantes mentioned, and that it recognised the claim for damages, so that the decision of the Chito Saibansho awarding Y8,000 to each plaintiff was juit. ́ ́In considering the question of the legality, or otherwiss of the abandonment of the steamer, &c, made with the object of freeing the appellants (the Osaka Shosen Kaisha) from the liability. claimed, the Court found that the Kumagawas mars, which the appellants offered to abandon in favour of the respondents in this case, sank in June 1902, was abandoned in Apríl 1906, and then was transferred or abandoned in February 1907 to the respondents to free the company of liability, Thus some years elapsed' 'between the foundering of the steamer and her acton) abandonment by the owners. At the time the appellants offered to abandon the Kumagawa-maru, she must have been already useless, and the steamer 'could not be in the condition "at the end of the voyage" contem-

|

Mr. Yamamoto agreed to the application, and the proceedings were adjourned till the 16th of this month,

"PRINZ LUDWIGA: having arrived, Consignees of Cargo are hereby informed that Goods, with the exception of Optum, Trenin and Valuables; are being landed and stored at their risk into the hazardous and/or extra batardons Godowns of the Hong paay, Limited, at Kowloon, and West Point "koog`and Kowloon Wharf and Godowa Com-}|

Godowns, whance delivery may be obtained. w No Claims will be admitted after the. Goods have left the Godowns, and all Goods remain ing undelivered after the rith of Novembar, will be subject to rent; ".

to be left in the Godowns, where they will be All brakes, chafed, and damaged Goods are examined on the fith of November, at 9.30 2.M.

All Claims must reach as before the 15th of November, 1008, or they will not be recognized.

No Firë Insurance will be effected. Man

Bills of Lading will be countersigned by the Undersigned.

ANTHIS STRamer brings CARGO, Ex 5.5. Coboto from Venico.

NORDDEUTSÖHER LLOYD,

-"MELCHERS & Co.,

General Agents,

Hongkong, 5th November, 1908.

"MOGUL LINE OF STEAMERS,

NOTICE TO CONSIGNEES.

STEAMSHIP ́"SIKH,”

FROM GLASGOW, LIVERPOOL AND

STRAITS,

CONSIGNEES of Cargoare hereby informed that all Goods are being landed at their risk into the Godowas of the Hongkong and Kowloon Wharf and Godown. Company, at Kowloon, whence and/or from the wharves delivery may be obtained." "

ST. ANDREW'S BALL goth November, 1908, and

THREE PRACTICE DANCES, WEDNESDAY, 11th, 18th and agih November,::

From 5 to 7. P.

SCOT

FINAL DIVIDEND at Osa Shilling and

A Six Peace per Share, free of the ban

bean declared by the Directors of the above) Company, making a total of 15% for the year- ending 29th February, 1908

Coupon No. 11 is payable on and November at the Chartered Bank of Indis, 'Australia:& COTSMEN (Naval, Military, or Members China, and the Rossa-Chinese Bink at Tien-

of the Civil Commanity) desiring to Subtain and Shangbaino kg? By scribe to the above are requested to forward their names to the undersigned, Practices bat as a Subscriber.

No Scotsman can attend; the Dance and |

DAVID WOOD,

Hon. Secretary. Hongkong, 6th November, 1908.z 18

ALFRESCO FETE

in aid of the Funds of the .... SOCIETY OF «ST." VINCENT DE PAUL Under the Most Distinguishod Patronage of H.E. the Governor, Sir Frederick Lugard,

to be held in the “, COMPOUND OF THE ROMAN CATHOLIO CATHEDRAL,

מס . .

SUNDAY,

15th November, 1938, from 9 PM, to II P.M. Admission Ticket...........$1.00 which is entitled to a Souvenir on its presenta- tion at the Souvenir. Pavītina on iha evening of the Fate only.

The public is respectfully invited to inspect | the various stalls from a to 7 P.M. on the igth

nat,

Tes and Cakes will be served during the afternoon.

SHEWAN, TOMES & C«, qulp (Agents.""" Hongkong, aud Naveniber, 1905.

THE IMPERIAL COLONIAL CLUB THE Above Clab is formed chiefly for

COLONIAL and OVER-SEAS, MEM- BERS; it is situated at No. 84, Piccadilly (the [contre of Clubland), opposite, the Green Park.

The Club has a Bridge Section, Reception; Dining. Billiard Rooms, Smoking" Lounge, --Reading Room and Library, GRA

Ladies are eligible as Members, Entrance Fee, Five Guianas, Adoval Sub- scription, Fiva Guinaas, Nyvol Further particulars from i

THE ORGANISING SECRETARY,

84, Piccadilly, W.

London, 19th August, 1908

(769

PASST BREWING COMPANY," MILWAUKEE

FRESH SUPPLIES ALWAYS KEPT IN STOCK

SIEMSSEN & Goy Agents for

HONGKONG & SOUTH CRINA, Hongkong, 20th fulv, ron", "

By kind permission of the Commanding Officer and Officers the Band of the 13th Rajputs will play from 9 to 11 F.M. Messa. Graca & Co, 47, Des Voeux Road, BAK TRAMWAYS COMPAN

Tickets can be obtained from to-day at

and at the Roman Catholic Cathedral Com pound on Sunday," (he 15th fast, from 9 A.M."

No Claims will be admitted after the Goods:107 and at the Gate on the night of the lo adjourging the proceedings the Court have left the Godowns, and all Goods remain.

Hongkong, Toth November, 100l (976 announced that both sides should come fallying undelivered after the 13th instant will be prepared in order that the case should be subject to rent. settled and Dot be sent buck again-Japan

FRENCH Chronicle,

Auction,

PUBLIC AUCTION,

to sell by

PUBLIC AUCTION,

FOR ACCOUNT OF THE CONCERNED,

I

00

SATURDAY,

the 14th November, 1908, at 2.30 P.M., at their -Sates;Rooms, No. 8, Dei Vœux Road,

comer of Ice Housa Street,

A LARGE QUANTITY OF WINE AND SPIRITS,

Comprising

seated to the Undersigned on or before, the All Claims against the Steamer must be pre- 4th December, or they will not be recognized.

"All broken, chafed, and damaged Goods aro to be left in the Godowas, where they will be examined on the 13th instant, at 3 Patt No Fire Insurance has been affected. Bilis of Lading will be countersigned by

Agents.

~~7,80 a.m.

LIMITED.

TIME TABLE

WEEK DAYS.

STORE.m. to 9.30a.m...Every 10 minutes

(late A. Chazalon & Co.),

10.11.00 am....Evary 15 minutas, 11.30 am, to 12.45 p.m. ...Every 15 minuter. 1245 p.m. to 1.15 pm. Every zöʻminates. 1.15 p.m. to 1.45.p.m. ~6.Every 15 miantes 1.45 pm to 2.15 pm. ..... Every 10 minutes.

6, QUEEN'S ROAD CENTRAL.

3.15 p.m. to

3.30 p.m. to

5.00 pm, to

3.00 p.m. ...Every 65 minutas, 5.00 pm. ...Every 15 minutes. 8.00 p.m.... Every to mfapter.

NIGHT CARE

DODWELL & CO., LIMITED, HAVE just received a Fresh Assortment

of AMERICAN GOODS comprising 845 pm, and 9 p. 245. p.m. to 11:15 pm. the following —

Hongkong, 6th-November, 1908;

C

(972

· 5.5. "ARMAND BEHIC“

COMPAGNIE DES MESSAGERIES MARITIMES.

NOTICE TO CONSIGNEES:"

“ÖNSIGNEES of Cargo from London ex

C. Dordogne and Douro, from Havre ex 5. Douro, and from Bordeaux exes, F. Mort in connection with abore Steamer are hereby informed that their Goods, with the exception of Opium, Treasure and Valuables re being landed and stored at their risk into the

FORT WINE, DUNDEE WHISKY ROYAL CROWN SCOTCH WHISKY AMERICAN RYE WHISKY, PERINET FILS CHAMPAGNE, MAKIE BRIZARD and ROGER COGNAC, CURMILL & CO'Shazardous and/or extra hazardous Godowns of CUGNAC, MARASCHINO, ANISETTE, APRICOT BRANDY, &c, 89,

· TERMS :—As usual,

HUGHES & HOUGH,

Auctioneers. Hongkong, arth November, 1998.

Consignees.

the Hongkong And Kowloon Wharf and Godown Co., Limited, at Kowloon, whence delivery may be obtained immediately after" landing.

Optiorial Cargo will be forwarded on unless Intimation if received from the Consignees

SALT HERRINGS, MACKERELS; SALMON BELLIES, CADFISH BLOOKS, SPICED NORWEGIAN

ANCHOVIES, SARDELLES,

CANNED FRUITS, ASPARAGUSį

&c.

Hangbang, 22nd August, 100%,

0. C. MOOSA,

1 & 8, D'AGUILAR STREET.

...avory half hour, v

SUNDAYS

100 ẩm, to 9.00 am....Every 15 minutes. 9.00 am to 9.30 am. „Every 30 minutes: 9.30am to 10.30..m...Every 15 minutes 10,50 a.m. to 11,00 8,05, 2,.Evary 10 minutas 11.45 a.m. to 12.00 soon...Every 15 minutes “12.00 Noon-ig.6.00 pōm........Evory to misštas. 1.00 pm to 5.00 pm Evary às minutos 5.00 pm to 6.00 p.m. .......Evary to minutos. 6,00 pm to 7,00 1.m. „Every 15 minutos, 7,00 p.mito 8:00 p.au „livery 10 minuter

NIGHT CARS 11 on Wich Daya. SATURDAYS,

Extra care at 3.15 p.m., 11.30 pm, and,

UPECIAL CARS by Arrangement at tha Jompany's Office, ALKKÄNDRA BUİLDİNGL Das Vœux Road Central, .....

JOHN D. HUMPHREYS & SON,

General Managers, Hongkong, 4th Inne, enne

[977 before Noon, TO-DAY, requesting it to be NOVELTIES OF THE SEASON. THERAFION HAY NOW ALSO BE OBTAINED

NORTHERN PACIFIC STEAMSHIP COMPANY.

NOTICE TO CONSIGNEES.

STEAMSHIP "SUVERIG,”. FROM TACOMA, VICTORIA, YOKO-

HÁMA, KOBE, MOJI AND -

MANILA,

plated by the Article in the Commercial Codegates of Cargo are hereby requested to Steamer having airived, Con cited. The proposed abandonment was, thers send in their Bill of Lading for Countersigna fore, of no avail in freeing the appellatcompany ture and to take immediate delivery of their from its liability in this case. This judgment was Goods from alongside. delivered on February zzud,.1908. Again, the

Cargo impeding the discharge of the Vessel and expense.

No Fire Insurance will be effected by us in any case, whatever.

landed here

Bills of Lading will be countersigned by the Undersigned. Goods remaining unclaimed

- after MONDAY, the 15th November, at Noan,

will be subject to rent and landing charges.

All claims must be sent in to mö on or before -the 16th Nover ber; or they will not be recog:

Bized

.....

All damaged packages will be examined an MOND Y, the 16th. November, at 3 P.M.

-No Fire fasurance has been effected. P. NALIN..

Acting Agent. Hongkong, 9th November, 1908.

Intimations.

THERAPION MAY NOW ALSO BE OBTAINED

in DragEX (Tasteless) Form, -

TRADE

THERAPION

MARK.

Osaka Bhosen Kaisha appealed to the Supreme will be landed and stared at Consignees is THE NEW FRENCH REMEDY Court, which, on July 1st, 1908, #gain quashed the decision of the Appeal Court, and sent the case back to the Osaka Appeal Court to be re tried. Jp/qusabing the decision of the Appeal | Court, the Supreme Court pointed out that oc- casionally some time elapses before a steämer makes her cext, voyage after completing one voyage, and it is a ostural order of things that some change should take place in ibe condi. tion of the steamer in the interim. It is

DODWELL & CO., LIMITED, Agents, Hongkong, toth November, 1908

NOTICE TO CONSIGNEES.

"PALERMO,"

[19:10

plain from the note to clauses of Article THE P. & O. S. N. Co.'s Steamer 544 of the Commercial, Code, which is cited, that the owner of a vessel, in the evput of changes taking place in the condition of the vessel at the end of a voyage by de- | fault or deliberale cet, cannot free himself from liability by abandoning to a creditor the ship, freight, &* bat the owner can properly fee himself from liability by such abandon. ment, if a change takes place in the condition of the ship without blame to him or through the working of natural laws. In deciding that

FROM ANTWERP, LONDON, MALTA, "PÖRT SAID, SUEZ AND STRAITS,

Consignees of Cargo by the above-named reel are hereby informed that their Goods are Hongkong and Kowloon Wharf and Godown being landed and placed of their risk in the Company's Godowns at Kowloon, where each consignment will be sorted out Mark by Mark, and delivery can be obtained as soon as the Goods are fanded.

the appellants (the owosso! the steamer) could Optional Goods will be landed here unless not free themselves from liability by abandonstructions are given to the contrary before ing the ship to respondents when the condition

6 hours

Goods not cleared by the 16th inst., st 4 F.M., will be subject to rent.

No Fire Insurance will be affected by me inj

of the vessel has undergone a change and the ship become useless at the end of thé voyage, ́even though the change is due to the working,

of natural law, the Appeal Court was impro-any case, whatever. perly applying Anicle 544 of the Commercial Code, and in this respect the decision was 'lovalid, mud'should be quished lega

On Thursday, the hand ultimo, the cran came on for retrial in the Osaka: Appeal Court before Judge Fushimi and four Associate

Godowns for examination by the Consignce's and the Company's representative at an ap pointed hour. M

Damaged Packages must be left in the

Alf claims must be presented within ten days. of the steamer's arrival kere after which date i they cannot be recognised,

No claims will be admitted after the Good

**--Komm. Kakisaki and Sunagawa appeared | haru lait the Godowns, ⠀

for the Osaka Shoson Kaisha and Massen. "Masujima and Yamamoto for Mrs. Appenaalier

and her children. "

kong, 9th Norimber, 10

This successful and highly popular namedy, and in -the Continental Hospitals by loond, Roman, Jobert, Vilpean, and others, combined all the, desiderata to be songhị;% a medicīns of the kind, and; Barj eMMON STREJA thing laboris anployed,

THERAPION No. 1

LEATH

ably short time, nitos a Lole days only, realovon 221 dia. charge ofcctually superseding injections, lite me of #lica Rosa insparable harm by laying the foundation of ricters and other serious diseases. Indysentary, plias, imitation of the lower bowd, cough, broochitis, amiga, god some of the more trying complaints of this klod, f will be found extosisblogly efficacious, allerding prompt veiled wheranthor wall-iried remedies havaboom power

THERAPION No.2

parity.

of blood, acurvy, piniple, opers, blotches, pain and swal ...ting of joints, so undary symptoms, gosi, chennaliom, and all dimams for which it has been too much a faablanı to deploy amcury, sursaparila, kej; to the destruction of suferats pels most ruin of holth, Tkluperpareilos yurides the whole system through the blood, and thei roughly eliminates all poissons matter than the body.""

for

THERAPION No.3

flon, reg'sidest, and all dutiestny consequences of dissipation, wenny, wyrok, only artar, viosi, ke, JI porn siene prower, in test vlag strength and lgour to those mußering free everyuting itɗarmore: al June resides in, bit, unlraliky climates

Tin mold by:

y pracipal

THERAPION Thomas the

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Pole by all Chemista,/

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Samples on application, Port orders carefully executed.

Hongkong, 10th September, 1908”

Coast

Iso

In DrageĖ (TASTELESS) FORM, A BROKEN-DOWN. BYSTEM

This is condition (or disease) va which doctón give many names, but which Saw of them really understand. Tilusimply weakness-a break-downi. us it were, of the vital forces that sostain the sy Lem. No matter what maybe its causes (for thes, ́are almost numbersone), ita's

lasy maptoms are ve same; the more protinasi being slang.... THEN, sense of prestados or weariness, dep spicite, And wans.se energy for sit the straty

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THERAPION NË 3

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LIGHTED UP AFRESHGUA ADO A new existence imparted in place di waan

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THERAPION: the principe]

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palatable,

Known throughout the world and, prescribed in all cagno - of Anumia, Dability and Convalescence," to young women, children: and the aged, Lavaluable in hot climator.

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