1.
THURSDAY, SEPTEMBER 15, 1921.
3HiPP NO
P. & O.-BRITISH INDIA
APCAR AND
EASTERN &
AUSTRALIAN LINES
(COMPANIES incorporated in ENGLAND). MAIL AND PASSENGER SERVICES
STRAITS, JAVA, BURMA, CEYLON, INDIA, PERSIAN GULF, WEST
» INDIES, MAURITIUS, EAST AND SOUTH AFRICA, AUSTRALASIA,
INCLUDING NEW ZEALAND AND QUEENSLAND PORTS, RED
SEL, EGYPT, EUBOFE, kt.
SHIPPING.
PILFERAGE LIABILITY.
IMPORTANT LIVERPOOL JUDGMENT.
WHA
At Liverpool County Court. his Honour Judge Dowdall gave judg- ment of some importance to ship owners, inasmuch as it endorsed the contentions of shipowners that they were right in contracting out of liability for loss through, pilferage by Inserting in the bill of lading an exception to that effect.
The action
one in which Messrs. Oscar Gantes & Co. fruit importers, of Liverpool, sought to recover from the Moss Steamship Co. rums of £52 9. 9d, and £10 10 in respect of short deliveries of hacs of fies by the steamers "Assiout" and "Amasis The goods were landed at Liverpool in November last, and the missing bags could not be traced when the quays and sheds were cleared.
The main defence was an excep tions clause in the bill of lading to the effect that the shipowners should not be responsible for losses due to pilferage, as this was a risk which could be covered by insurance. In the
PENINSULAR & ORIENTAL SAILINGS (South) case of the "Assione" evidence was
S. $.
Tons
руч 1 Hongkong (about)
Destination
18th Sept.
**KHYBER"
19,00
at 1a.m.
"KHIVA"
。(」
14th fret.
"SARDINIATM
1 5,600 1
"KARMALA
9.000
24th Oct 11th Nov,
BRITISH INDIA-APUAR
"TANDA"
7,00
Trib Sept at 10.1
Singapore. Penang, Colomb Aden.
Said, Marseilles
Port
and London.
MAKETIES, LONDON & A'werp. MARKILLS, LONDON & A werp.
Marselius, Loypor & A'wers
SAILINGS (South)
THE JUDGMENT.
THE CHINA MAIL.
Lumbago
Do away with it, once and for att Half à teaspoonful of Krusehen Vits mery morning cumbierofloty Thetul! Butc
morning renter.
FARES FOR PUBLIC VEHICLES.
CHAIRS
1-in Fictoria, with nao Bearers. Quarter hour. *******
·
100an te
Ball hour,....................................**** 20 Jae hour, wome
"
+
Three hours, use
BO
13
3ix hours, of
er
Day (8 am to 8 pm.), ...
$1.00
my
ег.
Enorth for two months in a bettle
Kruschen Salts
If the trip is extended beyond Victoris, aalf fare extr
Between the boars of 30 p.m. and 8 m the above fares ahall be increased by 50 per centum.
-Beyond Victoria, wirh four Bose ers. .... 0.00 cents.
$1.00
Bour.......... Three hours,-
Six hours, 1.50 Day (5 am to 6p. 00
JIL--In the Hill District.
With Baarers. With 4 Bearers.
Quartar hours..$0.15 Half hour, One hour,
AS Way & Co The Sale Janney for Hona "| Two hours,
allexed short delivery, be given to the shipowrers of their agents at the port of discharge within 30 days after the arrival of the ship.
managers, master
80.30
0.40
... UPO
0.30
0,00
0,80
0.20
1,00
1.80
.2.00
RICKARI.
Three hours. .............. 070 Six hours.
**** 1.00 Day (8 am to 8p.z.)1.50
fem. In the Liland of Hongkong, it magageti
in Fictoria
3 cents ...10 .16
SHIPPING:
STRUTHERS & DIXON, Inc.
GREEN STAR LINE.
Operating Far Eastern services for acvent of the UNITED STATES SKIFTING BOARD
To SINGAPORE & JAVA,
TO VANCOUVER AND BRATTLE (Via SHANGHAI & JAPAN.)
*** West Canon.""
A
2 September.
To LOS ANGELES & SAN FRANCISCO (Via SHANGHAI, JAPAN & HONOLULU)
West Ham haw,"
29th September. "Also, cargo accepted for Transhipment at Sin Franelico and/or Seattle to weakly sailings for NEW ORLEANS, SAVANNAH, NORFOLK, BALTIMORE,
PHILADELPHIA,
NEW YORK, BOSTON.
Through Bill of Lading sumed to all. U.S. & Canadian Orseland Common · Potrin, HONGKONG OFFICES-1st Soor Fuwari's Building, 12, Des Vastu Rd., TIL. 2006,
T.
K. K.
TOYO KISEN KAISHA
HONGKONG TO SAN FRANCISCO.
VIA SHANGHAI, THE INLAND SEA, JAPAN & HONOLULU, "THE PATHWay of the Sux."
STIANZA
1
"
*KOREA MARU
Ten minutes................ Carter hour, ..... Half bour, One hour, Every Subsequent hour .........
Note-If the ricksha be engad thin the City of Victoria, and be dis- targed outside the Western part of the charged to the East of Bay View Police City of Victoria after 9 pm or be dis Station on the Eastern side of the City!
Victoris after 3 p.m.. so extra half tare shall be chargeable.
11.—In Kowloon.
In this case the ship'arrived on November 8, and as the master por given of pilferage having taken place, ters, who were also the
ship's and his Horour, found for the managers, has not cleared the sheds defendants on this ground, holder given up hope of finding the goods ing that the clause exempted the until the 31st day, that to say. De In the case of the rember 8, it was the action of the shipowners. “Amasis” he postponed judgment. ship's
though acting | Mr. J. H. Layton, instructed by Mr.as
which por'ers, F. H. Henri, was for the plaintiffs rendered it impossible for the and Mr. R. E. Gerbing, instructed by plaintiffs to make a claim for shor: de Messrs. Charles Lightbound and Co. livery. There is, of course, no succes for the defendants.
tion that James Moss and Company delayed delivery in order to bar any Judge Dowdall reviewed the cir- pessible claims for short delivery, but it was contended that it was unreason. cumstance of the case, and said :-
fourable that delay on the part should Quarter hour... The shipowners rely on defences First, it is said that there have that effect. To this it is answered if hour, is not sufficient evidence of shortage that Tames Moss and Company when Hour, ex-ship. The method of discharge actiux as master porters were not act was that which is usual in Liverpooling as ship's managers, but as agents The ship arrived on the 8th of Nov. imposed on and acting for consignees, ember, 1920, and finished her is and that- however reasonable in aland, charge on the 18th of November, no effect, the terms were agreed to in the Towesville, Brisbane, Sydney tally being taken ex-ship. Being a bill of lading and the claim in fact was general ship, the ship's managers, not made until January 7, that is who have their own master porterade to say, the 31st day after the shortage department, appointed themselves was admitted. master porters and took charge of the cargo on discharge, ex-ship, on behalf of all concerned.
iCalcutta, via Singapore Pening and Rangoon
EASTERN & AUSTRALIAN SAILINGS (South)
"EASTERN"
ARAFURA "
Manila Thursday
and Helbogrua
SHANGHAI
4,000 8,0 0
1 12nd Sept.
15th Cat.
SAILINGS
ΤΟ
“SARDINIA" "GREGORY AFCAR"
& JAPAN
6600 99th Sept. 1 Japan vis Ehanghai. 3,000 21 Sept. Shangbai and Japan.
SPECIAL STEAMER.
The P. & 0.14 ZGYIT" is expected to leave Hongkong on or atru 16th Jentary, 1999, taking preservers and carpe for MARSEILLES ADG LOND alling at Fombay.
All dates approximate and subject to alteration without notice.
WIRFLESS TELEGRAPHY FITTED ON ALL STFANTRS.
1st Saloon Passengers may travel by BISN. Company's steamers betwe Fingapore and Calcutta Singapore and Madras in lieu of the section their P. O. Tickets Binpore to Colomba.
All Cabins are fitted with Electric Fans free of charge.
the
Freater and Failing dates are liable to be cancelled or altered without notice Parcels Measuring not more than 2 ft. ft. x 1 will be received at t Company's Office up to noon on the day previous to miling.
For Further Information, Pamaze Farra Freights Handherbs, etc., apply to
MACKINNON, MACKENZIE & CO. 29, DesVoraz Road Central, HONGKONG.
-
HING
Agects.
C
LARGE STOCK OF SHIPBUILDING MATERIALS, viz. Steel Ship Plates, Angles and Bars. Also Shipchandlery Articles,
Telephone No. 1118.
25, Wing Woo Street, Central,
N. Y. K.
NIPPON YUSEN KAISHA.
SLELINGS FROM · RONGEONG BUBJECT TO ALTERATION.
SEATTLE & VICTORIA OB VANCOUVER via Shanghai
Japan ports.
Cargo to Overland Points 1. §, in connection with Great Northern, Northern
Pacific, and Chicer, Milwaukre & Ft. Paul Railways. KASHIMA MARU
...Thursday, 29th Sept.at 11 - SCWA MARU (Nagasaki dvect)...... Saturday, 2th Oct.. at 11 am. FUSHIMI MARU (Nagasaki direct) ... ...Saturday,
19th Nov. all
LONDON & ANTWERP vin Fingapore, Malacca. l'enang
.Colombo, Suez, Port E id & Marseilles. KITANO MARU...
...Friday. 16th Sept at 5p.m. INABA MARU
...Friday.
30th Sept, at 11 a HAMBURG, LONDON & ROTTERDAM.
MITO MARU
Middle of October.. LIVERPOOL, GLASGOW & MARSEILLES.
LISBON MARU
Monday, 3rd October. BYDNEY & MELBOURNE via Manila, Zamboange, Thursday:
Island, Townsville & Brisbane.
...Tuesday, 20th Sept., at 11 am. ...Tuesday, 18th Oct., at 11 s. NEW YORK & OUBAN PORT via PANAMA.
TANGO MABU!.... ... NIKKO MARU...
DAKAR MARU
DURBAN MARU
"
...Tuesday, 20th September. ...Thursday, 20th Oct.
SOUTH AMERICAN PORTS via Cape.
KANAGAWA MARU
KAWACHI MARU
TATSUNO MABU
...Monday. 19th September.
...Middle of November.
From the 13th of November on. wards the plaintiffs called constantly and obtained delivery on most of their goods, but it was not until the quay and sheds were cleared on the 8th of December that the master porters admitted short delivery of 20 bags, and on the 7th of January, 1921, the plaintiffs claimed on the defendants for the shortage. Inas ́much as goods lying some weeks on the quay and in the sheds may get mis-delivered or even be stolen it has been held that the rally ex quay is oot conclusive evidence of the quant ity delivered ex-ship, but unless it. were taken as prima facie evidence
I asked Mr. Anderson if under- Titers were willing to insure ex-ship on such a form of bill of lading and As this is sa he said that they were. it seems that the remedy of the merchants is to insure, and if the terms of the bill of lading are un usually exacting (as to which there is no evidence) presumably the higgl ing of the market will eventually produce a corresponding compensa tion in the freight
I give judgment for the defendsats with costs.
MESSAGERIES MARITIMES.
REPORT FOR 1920.
The report of the Messageries
it would usually be impossible for Maritimes for 1920 says that during merchants to prove short delivery, the year the company was able to and as there were no special circumotüise its ships freely. ut under the stances in this case I bold that the reservations proceed from the 20 bags were short delivered ex system of licences wh only came ship.
to an end in January 21, and in virtue of which, for absiderable portion of the year under review, the State reserved for itself a considerable amount of passenger accommodation end cargo space on the greater cum The ber of the company's vessels. mail services were carried on under the provisional regime instituted by the agreement of August 2, 1919, and with the reduced number of ships which the losses of the war had left available.
- 5 centa
15 50
Every subsequent bour, .................... 10
III.-Taipo Eood.
Twenty centa shall be added for each extra hot or part of an hour if the hirer causo the journey to take longer tban:-
4th mile.
singu...... 75 cents.... boar, return...... $1.00
hours. Beyond 4th to 6th mile-
single $1.50 hours return...... 1.50.
Beyond 6th to 9th mile- single$175. return...... $200
single...$2.00 Beyond 9th to 11th mile-
return.....$29.50........
།
7
Fares for journeys beyond the 11th uile to be a matter of previous stance
cent in each case.
The fares here set out to apply to one Hicksha with three coolize from Tsim Sha Tani.
vessels are under construction for: account of the administration, one by the Societe Provencale des Construc- ions Navales, and the other by thei Chantiers de la Gironde: these will have to be handed over to the com pany entrusted with the working of the mail services in replacement of two vessels lost by the Messager les Maritimes under the regime of gerer. al requisition.
The council of administration, the report says, has endeavoured to de velop as much as possible certain auxiliary forms of business which are complementary to the principal oper
Thus, in ations of the company. agreement with other companies, the Societe de Navigation Danubienne was created, as well at the Societe Les Consommateurs de Petrole,”
SHINTO MARE..
PERSIA MARU TAIYO HARU FIBERIA MARU TENTO MARU
103%
90,000
LEATES HONGKONG,
Sept. 19th.
+Ct Such.
.92,000 ------L' Id.
Sangama dan 000......Oct. 15th at 10.30 am.
20,000 .. 20,000
...2000...
*Calling at Keelong.
Nov, 15th.
Nov. 18th.
+ Calling at Dairen and omitting call at Shanghai. SOUTH AMERICAN LINE. HONGKONG TO VALPARAISO,
YIA JAPAN, HONOLULU, HILO, SAN FRANCISCO, SAN PEDRO' SALINA CRUZ, BALBOA, QALLAO, MOLLENDO, ARICA & IQUIQUE. Testa er hårs-ANDRAN ROTTE TO BUENOS ATRES.
LEASE HONGKONG.
25ab.
ATLAMIES. ANTO MARU............
FOSS.
&700........Sept.
For full information regarding passengers freight and sailings, apply to — Y. TSUTSUHL Manager: King's Buikling. Tel. Nos- 1374 & 3376!
àrents as Canton : Messrs. T. E. GRIFFITH, LID,
DOUGLAS STEAMSHIP CO., LTD.
HONGKONG & SOUTH DHINA COAST PORT BERVICE.
ROUBAR SHORT of the line out on being good Acommodation for First Clase Parangare. Elastele Light and Faize to Simarosa and Saloon Excellent Calalze.
STJAMENTS
HAILOONG HAIHONG.. HAICHING
SWATOW, AMOY & FOOCHÓW
AND RETURN, ' (Osszpying 9 to 10 Days)
| Capt. W. Couper FRIDAY,
Capt. W, O. Passmore.. TUESDAY. Capt. A. EL. Stewart........ | FRIDAY,
SWATOW,
GRATIS.
16th Sept., at 8 p.m. 30th Sept. 9. 12rd top, at 2p..
Arrivals and Departures from the Compsay'e Wharf (near Bake Fler
Tạ PRIGHT and FASSAGE apply: bom
General Managers
DOUGLAS LAPRAIK & Oo.
HOUSEHOLD
COAL
We are prepared to accept orders for HOUSEHOLD COAL
re-screened in Hongkong at the following prices: Delivered to Peak District (above. Bowen Road).$2200 per ton.
Bowen Road and Lower Levels
10
and Kowloon...121.00 per ton-- TERMS:-CASH WITH ORDER.
(OHEQUES PAYABLE TO “KAILAN MINING ADMINISTRATION
KAILAN MINING
AGENTS
ADMINISTRATION
HEAD OFFICE TIENTSIN
OOUNELL
HONGKONACO
LTO
The next defence is that the bill of lacing exempts the hip from liability for loss capable of being covered by insurance, but Mr. An derson testified in this case as other witnesses have done in similar cases that underwriters--do-nat jasure against mere disappearance of goods in transit, and as this evidence is not discured the ship would have 10 prove loss by some particular risk or possibly some particular alternative
As regards the commercial lines, risks, which has not been done, un-
The report examines in detail the less it be in the way set up in the the report says, the council of third defence, which is as follows. administration devored itself to the new agreements which have beno The bill of lading provides that a resumption and development of the concluded with the State. A new sworn statement by a person in the pre-war services, and 10 introducing company is to be created, the greater service of the shipowners or their into the sailing programmes of the part of the capital of which will be the Messageries agents that the goods were received ships serving these lines as much contributed by or shipped and for) another that they regularity as was compatible with Maritimes, and which as soon as it is could not be found or stating their the circumstances. Thus, for exam constituted will take over the rights loss, shall be conclusive evidence that ple, the company resumed its com and obligations resulting from the they have been stolen or pifered."mercial sailings from Antwerp to the former convention. It will be man- On the 27th of June, 1921, the chief Far East, increased the number of aged by a council of administration, officer of the "Amsais" made a sworn Voyages to Indo-China, and placed a certain members of which will be statement that 3,199 bags of figs were certain number of steamers on the appointed by the Government. The direct route London-Marseilles-Black Messageries Maritimes will cede to shipped at Smyrna and that all on Sea, whereas before the war this line this new company those of its pas adds that 3179 bags were delivered was cut into two sections, one from senger steamers which, constructedITSUBISHI SHOJI drone it for and ther to the plaintiffs. It is obvious that London to Marseilles, and the other in view of the services which will this addition rests, so far as the chief from Marseilles to the Black Sea- have to be carried on, would not be cficer is concerned, on hearsay, and On the other hand, the company employed on the private lines. In I should therefore reject it from his created a cargo service from Antwerp other words, it is the Compagnie des statement, but as the fact bas been to India which enabled them to sup Messageries Maritimes which will otherwise proved and is admitted press the Colombo-Calcutta branch manage the services for account of
line and to employ the steamer the new company. this makes no difference.
"Dupleix," which carried on that ser- . In return for these assets of various
board were delivered at Liverpool. He
KAISHA, LTD.
-(Mitsubieni Trading Co., Ltd.) `OAL, GENERAL IMPORTS xad EXPORTS.
-
SOLE PROPRIETUBS OF
THE "CHINA MAIL":
NOTICE.
Commuelmations relating to news should beaddressed to THE EDITOR.
Carterpondents must forward
tion addressed to the Editor, ut necessarily he publication but as evidence of good faith.
All mattar for publication should Fritten on one side of the paper only.
Letters relating to business should be drowed to THE MANAGER.
Hate of subscription to “Ohian Mall” in
sa 'pro Ista'.
TARASHIMA, OGHI KUTA 158 per annum; per quarter and per aun-
KISHIDARE, TOSHINOTANI, NEW, KANADA BIBAI, SAMIYA HOJO, NAMAZITA, SAYO, SHIN-
ADA, and OYUBARI.
Orders for extra copies of the Onira Man "hould be sent as soon as possible - the supply is limited. Cash 10 cm., Cradlig #Ucts. per ongy.
The China Mail' in delivered free at
cribere in lawngkeng and Kowloon, Postage Llarged at the rate of Síky ...ente per month. -
Rate of subscription to the "Orland Jama Mali" is $12 per annum powaga per annum extra. Blagte oogy twenty- ire coate each,
It is open to contracting parties to vice in another traffic for which it was sorts, the new company will pay to agree that particular evidence shall more suitable. In order to place the the Messageries Maritimes, by month. raise a presumption of a particular company in a position to carry only instalments, an annual suD fact, and however desirable it may the Enes enumerated above with the presenting the total services of the be, especially in cases of pilferage, necessary, frequency, the purchase 5 per cent loan, and the service of a which strikes at commerce, that was made of four large ex-German portion (41,473,€24 france out of
AWENTA FOR SAKITO COAL those who are responsible for, the cargo steamers which formed a per- 54.756,500 francs) of the 34 per cent custody of goods should be subject to tion of the 150,000 tons ceded by the debentures, a proportionate part of
Head Office:-TOKYO. cross-examination there, is nothing British to the French Goverment the genital expenses, and finally, illegal in avoiding this necessity in a under agreements which were con interest at the rate of 6 per cent on Branches and case such as this, and I am therefore | cluded in the course of 1920.
a part the share capital. The
Representatives :— BOMBAY & COLOMBO via Bingapore and Penang.
bound to presume that these bags These four steamers, of an average future company will be constituted | Sagamii. Eazsiyi" Wakamatan, Moji, were lost by pilferage, which is an size of 11,500 tons gross, represent an with a capital of 60,000,000 franca, Etre; Kobe, Oedia, Taruga, Nagoya, ...Sunday, 5th Sept.
excepted risk. In this particular case increase of 46,695 for the cargo fleet, one quarter of which will be paid up Yokohama, Tokyo, Hakodaia, Murora, CALCUTTA & BANGOON via Singapore & Penang.
Alberations and additions to adverstis- there is no reason to doubt that the the total capacity of which is 176,002
The profit and loss account of the . Vladivostock, Paking, Tikatais.. NAGARO MARU ...
presumption accords with the printons for twenty steamers, among Messageries Maritimes for last year Tao, Tianfu Bankomaton Pages 2, 5, 6, 7, 8 and 9 shotad ...afurday, 24th Sept.
se want be the dios, No. 5, Wyndham Bhanghai, Hongkong. Canton, Maalla, ciple or to suppose that anything of which is the "Commissaire-Ramel," of shows a credit balance of 4,993,029 Singapors, Boersbaya, London, Paris, 'seat, or later than 13 30 a... đ JAPAN PORTS-Nagasaki, Kobe & Yokohama...
value would have been elicited by 11,500 tons, built by the Societe Pro francs. The general meeting fixed: New Zark and settle.
·'àlterations and additions to advertiven cross-examination of the witnesses vencale des Constructions Navales the dividend at 15 franca per share
mla on pages 1, 4, 5 sod 10 should be' ...Friday, 10th Sept'; at 11 am. who might have been called if they for account of the State, which hand on the preference and the ordinary
jant de poi inter chau i pan. BEANGHAI, KOBE & YOKOHAMA,"
had been detained from sea.
ed the vessel over to the company in shares..
-New Advertisements should be some in An extraordinary general
belort &
p This makes it unnecessary for me the month of March to replace a abip meeting held subsequently authorised to give a decision on the fourth de❘ that had been lost.
the raising of 150,000,000 france by fecce, but as the point has been argu. The expenses of the company were means of several issues of debentures. ted I will refer to it. The bill of considerably increased during the These 1-sues will be made on the -lading provides that the shipowners year owing to the persistent-tension | simple decision of the council of
are not liable for any claim for short of the exchanges,
administration in such formi, t delivery unless notice in writing of With regard to the passenger time, and on such conditions, so the Lthe claim, with full particulars of the steamers, the report states that two council may determine.
SIKKO MARU
IYO MARU...
MATSUTE MABU...
SANURI MABU...
*...Fridag
16th Sept., at 11a.m. Saturday, 14th Bept. ...Sunday, 26th Sept.
For further informatión" suply to
NIPPON YUSEN KAIBHA
K. E. HANEL, Mansete.
Telephone Nos. 292,
Cable Address :-IWASAKISAL of—A.1, 4. B. 0. 5th Ed.,
Wastern Union mad Fandey. gencies for The Mithishi Marine & Fire Insurance Co. The Oaks Marine d
Fire Lostrando Do
such Fez Partlonlars, apply to-
1. KOMUKA, Manayır,
No 14 Panas Armies, HomeroREN_
advertisements and Babecripciona selalu à nos ordered to a fixed paelod will be
olinued until countered. Telegraphic Adiemu •Man_Bo
Side PA, B, Dua Feltin.
- Telapheus Zia. 22.
THE CHINA MAIL,