1928-06-09 — Page 4

DODWELL & COMPANY, LTD.

FOR NEW YORK AND BOSTON via SUEZ. M/V "GREYSTOKE CASTLE", Sails on or about 28th June,

LLOYD TRIESTINO

FOR BRINDISI, VENICE AND TRIESTE (FIUME). REGULAR MONTHLY PASSENGER AND FREIGHT SERVICE TAKING CARGO ON THROUGH BILLS OF LADING TO GENOA, ALL ITALIAN, ADRIATIC, LEVANT, BLACK SEA AND DANUBE PORTS. REDUCED PASSAGE RATES,'

BRINDISI, VENICE & TRIESTE LONDON

£72.10.0 £80.0.0.

NEXT SAILINGS, OUTWARDS FOR SHANGHAI, YOKOHAMA, KOBE & MOJI.

From Hong Kong.

THE CHINA MAIL,

SHIPPING

CARGO INSURANCE. WAREHOUSE FIRE AND PORT

--

"COMPLICATIONS,

MANY PUZZLES.

SECTION.

Counsel for the shippers were Mr. S. L. Porter, K.C., and Mr. Somervell (instructed by Messrs. Parker, Garret and Co.; and for the insurance company, Mr. C. T. Le Quesne, K.C., and Mr. Simey (Instructed by Messrs. Waltons and Co.)

Porter

This

not within the principle. was the case of a loss where a peril was actually in operation, and a loss occasioned by acts done in dealing with the peril, though not by the consuming effect of the fire itself. There was a paral. lel case of loss not by fire, but in dealing with heat likely to set up spontaneous combustion," de- cided by Mr. Justice Barnes on the Admiralty side in 1898, the Knight of St. Michael; that loss was held to be within the words "other losses or misfortunes which were of the same nature as fire."

How the insurance clause "ware-

For the shippers, Mr. house to warehouse," where fire

Similarly, said Mr. Justice was insured against, affected said the carriage began at the Roche, the arbitrator was right damage not by fire occurring at a San Roque warehouse; Mr. Le in holding that this loss might port where there was a fire but Quesne contended that that was reasonably be attributed to fire no warehouse, was decided by inland, and the risk only began at Clause 9), and was a loss by fire, Mr. Justice Roche, in the Commer-a port or place between Bordeaux or by a peril or loss or misfor- cial Court, in the case of Syming-and Nice. The arbitrator held tune of the same nature as fire. ton & Co., 7, Royal Bank Place, that San Roque was such a place As to whether that loss was a Glasgow, against the Union In between.

particular average loss excluded surance Society of Canton, Ltd. Mr. Justice Roche first decided, by the opening words of the The Judge found that the agreeing with the arbitrator, memorandum, Clause 9 of the In- claimants had a good claim. The that it could not be said that the stitute Cargo Clauses, there was Insurance company had insured insurance company had establish- the relevant exception that, not- M/V "ESQUILINO".........Sails hence on or about 21st June. goods from any port or place be--ed that by the course of business withstanding this warranty, the M/V "ROMOLO"

..Sails hence on or about 19th Julytween Bordeaux and Nice to the the shippers had agreed to a insurers were to pay for any loss United Kingdom, with the ware- clause forming part of the policy which might reasonably be attrl- house clause, the clause "warrant for which the insurers contended. buted to fire, and his Lordship ed free of capture, seizure, They contended that the policy held that this might reasonably HOMEWARDS FOR BRINDISI, VENICE AND TRIESTE.

arreat, restraint or detain contained a provision that the be so attributed. He agreed with From Hong Kong.

and ment."

a clause by policy was not to inure to the the arbitrator on all points, and were to benefit of any fire insurance com- the shippers must win and be Sails hence on or about 26th June which the insurers Sails bence on or about 24th July pay for any loss which might pany. The provision, they said, given their costs. The loss could reasonably be attributed to fire." continued: "It is warranted and be said to be due to retraint of The action of the authorities in agreed by the assured that any princes, or anybody else's seizure putting some of the goods in the insurance risk against fire grant or restraint. His Lordship said water to prevent them firing, and ed herein shall not cover where he could not possibly bring thei putting sea water on others with the assured, or any carrier or port authorities and the firemen the same object, the Judge held other bailee, has fire insurance into the clause.

M/V "VIMINALE"

M/V "ESQUILINO"

NATAL LINE

OF STEAMERS

FROM CALCUTTA & COLOMBO TO SOUTH AFRICAN PORTS.

Regular Passenger and Cargo Service to South African Ports. Through Bills of Lading issued from Hong Kong,

For Freight or Passage on any of the above Lines apply to

DODWELL & CO., LTD., Agents.

Telephone Central 1030.

SATURDAY, JUNE 9, 1928.

CANADIAN

PACIFIC

SHORTEST AND QUICKEST ROUTE ACROSS THE PACIFIC. TO VICTORIA & VANCOUVER.

17 Days Hongkong-Vancouver, 14 Daya Bhanghal-Vancouver, 11 Days Kobe-Vancouver, 9 Days Yokohama-Vancouver.

·SAILINGS· 1928.

STEAMERS..

EMPRESS OF CANADA

EMPREES OF RUSSIA EMPRESS OF ASIA

EMPRESS OF CANADA

EMPRESS OF RUSSIA

EMPRESS OF ASIA

EMPRESS OF CANADA, EMPRESS OF RUSSIA EMPRESS OF ASIA

Hong Kong Shak Leave Leave June 18 June 18 July 4 July 7 Jaly 18 July 21 Ang. 8 Aug, 11 Aug. 29 Sept. 1 Sept. 12 Sept. 15 Oct. 3 Get, 6 Oct. 24 Oct. 27 Nov. 7 Nov. 10

Kobe Y'hama Leave

V'ver

Leave

Arrive

June 19

June 21

Juue, 30

July 10

July 12

July 21

July 24

July 26

Aug. 4

Aug. 14

Aug. 16

Aug. 25

Sept. 4

Sept. 6

Sept. 15

+

Sept. 18 Sept. 20 Oct. 9 Oct. 11 Oct. 30 Nov. 1 Nov. 13 Nov. 15 Nov. 24

Sept. 29

Oct. 20

Nov. 10

(E/Asia and E/Russia call at Nagasaki the day after departure from S'hal)

SPECIAL FARES TO EUROPE.

£120: First class throughout.

£112 First class Pacific and rail, Cabin class Atlantic.

83 Second class Pacific, First class rail

and Cabin clans Atlantic,

Atlantic sailings from Montreal and Quebec every few days to Liverpool, Southampton, Glasgow, Antwerp, Cherbourg and Hamburg.

HONG KONG MANILA SERVICE.

Leave Hong Kong Manila

June 20 June 28 July 10

July 12

Arrive

Leave

Arrive Manila Hong Kong

EMPRESS OF RUSSIA EMPRESS OF ASIA

Jure 20

July 1

July 13

July, 15

CANADIAN PACIFIC EXPRESS.

TRAVELLERS CHEQUES PAYABLE THE WORLD OVER.

THE SAFEST AND MOST CONVENIENT WAY TO CARRY FUNDS.

Passenger Department: Freight and Express:

Tel C.762

Cables: "GACANPAO."

Tel. C. 42

Gables: "NAUTILUS."

BRITISH WUCHOW LINE.

SAILING DATES FOR JUNE, 1928 (subject to change), DEPARTURE HOURS: „Hong Kong 5.30 p.m., Wuchow 2,00 p.m.

S.S. "TAI HING"

[1,068 tons Capt. 0. B. Wilks.]

BUN.' 10th

WED. 20th

S.S. "TAI MING [649 tone-Capt. G. J. Spink.}

SUN. 24th

'MON. 25th

FRI 8th WED. 13th MON. 18th

FRI 29th

NYIS LINE

THROUGH BOOKING TO EUROPE AT REDUCEL, RATES, £120, £112, £110, £102, £83, via San Francisco.

G$440, G$420, via Japan and Seattle.

SAN FRANCISCO via Shanghai, Japan Ports & Honolulu,

TENYO MARU

Tuesday, 12th June. a

26th June. KOREA MARU (Calls at Keelung). Tuesday, LONDON, MARSEILLES, ANTWERP, ROTTERDAM via

Singapore, Penang, Colombo, Suez.

KITANO MARU

HARUNA MARU

Saturday, 16th June. Saturday, 30th June.

SYDNEY & MELBOURNE via Manila & Ports,

TANGO MARU

AKI MARU ...........:

.Wednesday, 20th June.

Wednesday, 26th July,'

BOMBAY via Singapore, Penang, & Colombo.

SADO MARU

+GENOA MARU

Monday, 11th June. Wednesday, 27th June.

Rome, Italy-Senator_Wiliam_Marconi (Insert), Inventor of wireless telegraphy and of the new radio "beam" transmission, who will start out in his yacht "Electra" for a four months' tour of the Atlantic-in-an- effort to perfect "beam" or directional transmission. He will communicate with all beam stations from Australia to England. Aboard the Electra he will carry a special device for measuring the force of signals from any part of the world.

SOUTH AMERICA (West Coast) vin Japan, Honolulu, Los Angeles not constitute a restraint in the

Mexico & Fanama, GINYO MARU

Thursday, 12th July.

SOUTH AMERICA (Enst Coast) via Singapore, Cape Town & Ports.

WAKASA MARU

Saturday, 9th June.

NEW YORK and/or BOSTON via PANAMA.

'KUMA MARU

† ASUKA MARU

Monday, 11th June. Saturday, 16th June.

LIVERPOOL via Port Said, Geneva, Marseilles.

† DAKAR MARU

CALCUTTA via Singapore, Penang & Rangoon.

+ MORIOKA MARU

†NAGATO MARU

NAGASAKI, KOBE & YOKOHAMA.

AKI MARU

Saturday, 9th June.

Sunday, 10th June. Monday, 18th June.

Friday, 22nd June,

Monday,

Thursday, Thursday,

11th June.

14th June. 21st June.

SHANGHAI, KOBE & YOKOHAMA.

KATORI MARU

+DELAGOA MARU

+ BINGO MARU

+Cargo only.

Subject to alteration without notice.

For further ini-ruiation appay to-- NIPPON YUSEN KAISHA. "Tel. Central No. 292 (Private, exchange to all departments.)

O. S. K.

SAILINGS FROM HONGKONG SUBJECT TO ALTERATION.

LONDON. HAMBURG, ROTTERDAM & ANTWERP--Vin. Singapore

Colombo, Suez and Port Said.

11th July. Wednesday, ALTAI MARU RIO DE JANEIRO, SANTOS & BUENOS AIRES-Via Saigon, Slagupere

Colombo, Durban & Cape Town MANILA MARU

Saturday, 30th June. BOMBAY Via Bingapore and Colombo-

Saturday, 22nd June. Thursday, 5th July.

TACOMA MARU

INDUS MARU

WAS

LINE:

Operated for

U. S. Shipping Board By SWAYNE & HOYT, INC. FOR SAN FRANCISCO & LOS'); ANGELES.

was action which might reason which would attach if this policy AMERICAN AUSTRALIA ORIENT - ably be attributed to fire and did had not been issued." The arbi- trator, to whom the point was that the provision terms of the policy. The case had left, found its complications.

ought not to have been in the Messrs. Symington and Co., policy, on the ground that it was Mr. Le Quesne; KC., explained contrary to the agreement made, for the insurance company; were and was expressed in the slip exporters and growers of cork, written when the insurance was who in 1919 had a factory and effected. Mr.. Justice Rowlatts' warehouse at San Roque, aight judgment in 1920 in the Niger miles north of Algeciras, and the Co., Ltd., against the Guardian S.S. "WEST ISLIP" ....June 23 cork sent to Algeciras, Insurance Co., Ltd., was, Mr. s.s. "WEST HENSHAW" July 14 where was a jetty but no ware-Justice Roche said, authority for

For full information apply to house, to accumulate and await that view... Though there was shipment, being either shipped to evidence that previous policies

SWAYNE & HOYT, INC. England from the jetty or ferried underwritten by the assurance

-C, EVEREST, Loc. across to Gibraltar.

company for the plaintiff's had The matter in dispute had been contained this same clause, there decided by an arbitrator and was no evidence as to what had came to the court to see whether been in the slips or contracts by the arbitrator was right in his which the insurances were made.. law. It was expected to ship in That alone, apart from the find- the steamship "Hillhouse" about ing of what the assured really February 20, 1920, there being on knew about the clause being in- the jetty over 1,100 bales, of large cluded, prevented its being said grain and over 1,000 bales of that the insurers had established small. Two months before, on the assured's consent by a course November 25, the shippers effect of dealing. !

ed an insurance of £20,000 on the The policy contained, among produce and eight companies ac-the Institute cargo clauses, the cepted the risk including: Mer warehouse to warehouse clause, chants Marine Insurance Co., but it was said that the risk did £5,000; defendants, £5,000; Con- not attach. because San Roque tury Insurance, £5,000; Employ- was not a place between Bor- ers Liability Insurance Codeaux and Nice Bordeaux was £1,250; and the Victory Insurance not on the coast. It was on a Co., £1,250. The Thames and river, accessible by ships, and his Mersey Insurance Co, the Ocean Lordship refused to say that a Marine Co., and the London and place eight miles by rail from Liverpool and Globe Insurance Algeciras could not be a port or Co., issued cover notes in wording place within the clause. He

DURBAN, DELAGGA BAY, BEIRA, DAR-ES-SALAAM, ZANZIBAR AND which was an expansion of the could not find the arbitrator

MOMBASA-Vis Bingapore and Colombo,

Sunday, PANAMA MARU

CALCUTTA Via Slugapore, Penang and Hangron

SHUNKO MARU

SEATTLE MARU

VICTORIA, BEATTLE, · TACOMA

Myatt Japan ports.

ARIZONA ¿MARU TO

BANGKOK-Via Saigon.

KOHSO MARU

HAIPHONG VỀ HOIHOW & PAKHOI

MENADO MARULAMAY

8th July

Thursday 5th July. Wednesday, 25th July.. VANCOUVER Vla Shanghai

Monday, 11th June.

Monday, 18th June,

Friday, 8th June 10 TIL,

End of June.

NEW YORK-Via Japan, ports, San Francisco & Panama

HAVANA MARU

JAPAN PORTH -

BORNEO MARI

SEATTLE. MARU

BATAVIA MARU

KEPLUNG Via SWATOW & AMOY

KISHU MARU

HOZAN MARU

TAKAOVI SWATOW & AMOY

KOHOKU MARU

TAKAO & KERLUNG

BATAVIA MARU

For further particulars please apply. Tel. Central No. 4988, 4689, 4996.

slip...

wrong in holding that it was such Before any declaration under a place. In any event, he foundTM the insurance had been made by that the goods at the time of the the plaintiffs, that was to say or loss were at risk, by the joint and February 9, fire broke out on the operation of the words "at and Jetty, and after the port author- from a port or ports or place or ities had jettisoned some of the places," and the warehouse clause.. bales, 1,216 bales were said to It might be assumed that place or have been lost or damaged. The places meant Algeciras. It was plaintiffs bought 785 saived balea provided that the goods were from the usurers, for £600. No covered from the time of leaving policy of insurance had been the shippers or manufacturers Issued by the defendants at the warehouse, and for this point time of the fire. The arbitrator their warehouse was at Algeciras, found that In the peril of fire the and when, in the ordinary course loss might reasonably be attri- of transit, they had left the ship- buted to fire, and the loss was pers warehouse clsewhere, and covered by the contract of insur were at a place in the scope and ance; the words. Twelve months ambit of the policy they were at January 1, 1920, referred to covered sailings of steamera and the Lots by apprehension of a peril OSAKA SHOSEN KAISHA, transfer from the San Roque was not the same thing as loss by Manager.warehouse was covered, though, it the peril; that was laid down by good authority, but this case was

Sunday, 10th June.

Sunday, 24th June.

Saturday, 7th July..

Sunday, 10th Juna noon Sunday, 17th June noon.

28th June noon

37th July,

MATARE

was before January 17

FRI 15th

Regular Service of Fast, High Class River Steamers Having Good Ac commodation for First Class Passengers. Electric Light and Fans in State- rooms and Saloon. The sis. "Tat Hlag" is fitted with Wireless.

Thean vessels leave Hong Kong for Wuchow (via Samshal, Shlühing, Takhing & Dosing) and return to Hong Kong (via same Ports) overy 5 01 4 days.

Fares for round telp (not including meals) $20. Meals & Wines are to be obtained on board."

Hong Kong Arrivals and Departures from Hel On Wharf.

For information apply to----

B7, Connaught Road West, Phone: Central 893.

:

Co.,

KWONG WING Ltd.

American

Express

Travellers Cheques

"Sky-blue" in colour, these Cheques give travellers the fullest protection against the loss or theft of their travel funds. They are spendable and acceptable everywhere. For more than 36 years travellers the world over have found personal service and financial security thru their use.

Issued in G.$10, G.$20, G.$50, G.ßroo, and Ls and Lio denominations--bound in a small handy wallet--and cost only' 3⁄44 of 1 per cent. Secure your steamship tickets, hotel reservation and itineraries, or plan your cruise or four through THE AMERICAN EXPRESS CO., INC.

4-A, Des Voeux Road, Central, Hong Kong.

BANK LINE LTD.

AGENTS FOR

ELLERMAN & BUCKNALL

S.S.

CO., LTD.

SAILINGS SUBJECT TO ALTERATION WITHOUT NOTICE.

UNITED KINGDOM & CONTINENT

S.S. "CITY OF CARLISLE" Marseilles, Havre, London, Rotterdam, & Hamburg 8.8. “CITY OF TOKIO".....Havre, London, Rotterdam & Hamburg

BOSTON, NEW

YORK & BALTIMORE

S.S. CITY OF NEWCASTLE" BS “CITY OF OSAKA" S.8. "CITY OF EVANSVILLE

via Suez Canal

via Suez Canal

via Suez Canal

"ALSO AGENTS FOR

ANDREW WEIR.

BOSTON AND NEW YORK:

ELLERMAN LINE

24th June. .26th July.

.AMERICAN & MANCHURIAN LINE

12th June..

13th July.

10th August,

CO.

SERVICES TO.

AMERICAN & ORIENTAL LINE

6th July ORIENTAL AFRICAN LINE

7th August,

via Suez Canal: 8.S="FORRESBANEY MAURITIUS & SOUTH AFRICA

3.8. TINHOW":

Loading for Mauritius, Reunion, Delagon Bay, Durban, East London, Algoa Bay (Port Elizabeth),

Mossel Bay and Capetown

ted to Beira, Quillanine, Ibo, Port Amella, Mozambique, Chinde, Through Bill of

Ganzibar Mombasa, Kilindini, Fort Nolloth, Luderitz Bay, Walvis Bay and

G

Escar.

or passage on any of the above lines spply to

4791.

THE BANK LINE, LTD