1929-07-10 — Page 5

WEDNESDAY, JULY 10, 1929.

P. & 0.-British India Apcar and

Eastern & Australian Lines

(COMPANIES incorporated in ENGLAND). MAIL AND PASSENGER STEAMERS.

TAKING CARGO FOR

THE CHINA MAIL,

DELAY JUSTIFIABLE

CONSTRUCTION OF A DIFFICULT | CHARTER PARTY

construe,"

"Extremely difficult charter-party to was Mr Justice Roche's comment in the Commercial Court, in a case where the owner of the three- masted motor schooner "Autigoon," Mr. J. A. Van der Verren, of Antwerp, sued the Anglo-Dutch Brick. Company (1927), Lt, of Westminster, for de-1 murrage. She was chartered for 15 to 20 trips with cargoes of bricks from Holland to London.

The charter-party provided that the cargo be loaded and discharged "to- gether within five reversible working days, the time to commence, from the frat high water at er off the loading, or discharging berth, the charterers being entitled to keep the vessel on de- murrage not exceeding 10 days at the rate of 1s. per net register ton day, payable day by day. Exercising per their option, defendants concluded the charter party on the completion of

the sixteenth voyage. On some of the voyages defendants secupied more than five reversible working days in load-

STRAITS, JAVA, BURMA, CEYLON, INDIA, PERSIAN GULF, ing and discharging together, and con-

WEST INDIES, MAURITIUS, EAST AND SOUTH AFRICA,

AUSTRALASIA, INCLUDING NEW ZEALAND AND ·

QUEENSLAND PORTS, AND RED SEA, EGYPT, CONSTANTINOPLE, GREECE, LEVANTINE PORTS, EUROPE, &c.

PENINSULAR & ORIENTAL FORTNIGHTLY DIRECT ROYAL MAIL STEAMERS. (Under Contract with H.M. Government.)

9. S.

Tona

From Hong Kong About

**MIRZAPORE 6,715 11th July

*ALIPORE

*KRIVA

*KHYBER

· KIDDERPORE

MALWA

Noon 5,273 19th July 9,135 20th July

Noon

9,114 3rd Aug.

5,834 15th Aug.

10,980 17th Aug.

Destination

sequently the vessel came an demur- rage.

Counsel were Mr. C. R. Dunlop, K.C and Mr. II. L. Holmen for the ship's master and owner. instructed by Messrs, Haiman, Fenwick and Willan, and Mr. Harold Stranger for the de- fendants, instructed by Messrs. J, and M. Solomon and Hyman.

Mr. Justime Roche, giving judgment, said: The port from which the voy- agee began was a small one and dif-

INDO-CHINA

STEAM NAVIGATION CO., LTD.

SAILINGS SUBJECT: TO ALTERATION.

Destination

Tian via S'tow & S'hil.. T'tau via S'tow, & Shal Titan via S'tow & S'hai Osaka via Amoy, Moji

Kobe ... Osaka via Amoy, Moji &

Kobe

Steamer

HANGSANG YUSANG CHAKSANG

KUTSANG

NAMSANG

Osaka via Amay, Moji YUENSANG

Kobe

S'pore, Penang

Sandakan

S'pore, Penang

Sandakan Tiontsin.

Calcutta. KUMSANG Calcutta HOSANG

MAUSANG

HINSANG

Salling

Sun.. 14th July a 10.m. Wed, 17th July at 10a.m. Sun., 1st July at 10 am. Thurs., 11th July at 7 a.m.

Sun., 21st July at 9 a.m.

Sun., 28th July at 7 a.m.

Sat., 13th July at à p.m. Sat., 20th July at 3 p.m. Thurs., 11th July at 3 p.m.

Sun., 21st July at 10 am.

CHEONGSHING .Thurs., 11th July at Noon For Freight and Passage apply to:- JARDINE. MATHESON & CO., LTD., Telephone Central 215.

General Managera.

DAILY RETURN.

The following are the nationality and numbers of vessels arrived in and de- hours ending 9 am, to-day parted from the Colony during the 24

British

ficult of navigation. The vessel ran 16 Voyages under the charter-party dated Japanese Desember 10, 1927, and at the end of Norwegian the charter-party claims for demur- Chinese Fage were raised and controversies Dutch arose. The first answer made goes to French the root of the claim for demurrage, German and it is that none is due because the American ship deviated continually during the course of the service because of indul Swedish gence in undue

I think the

vessel was not har well adapted for the purpose, particularly when spiling light, and the master says he found difficulty in getting a crew, and consequently the voyages were certain-

Straits, Colombo & Bombay.

Straits, Colombo & Bombay. M'seilles, C'blanca, L'don & A'werp,y not prosecuted with any undue haste,

M'scilles, Casablanca, L'don & Hull. Straits, Colombo & Bonbay. Bombay, Marseilles & London.

• Cargo only. † Calls 'Casa Blanca. Calle Karachi,

Frequent connection from Port Said for Passengers and Cargo to Constantinople, Pireaus, Smyrna and other Levant Ports by steamers of the Khedival Mail Steamship Co.

BRITISH INDIA-APCAR SAILINGS.

TILAWA SIRDHANA TALAMEA

TAKLIWA *GURNA TALMA TAKADA

10,005 24th July 7,745 30th July 3,013 3rd Aug. 7,936 13th Aug. 5,248 27th Aug. 10,000 28th Aug. 6,949 5th Sept.

Cargo only.

Singapore, Peang & Calcutta. Singapore, Penang & Calcutta. Singapore, Penang & Calcutta. Singapore, Penang & Calcutta, Singapore, Penang & Calcutta. Singapore, Penang & Calcutta. Singapore, Penang & Calcutta.

B.I. Apear Line steamers have excellent accommodation for 1st and 2nd class passengers. All steamers are fitted with wireless and carry a qualified surgeon.

but on the contrary were prosecuted quite abnormally slowly, but I do not think the evidence warrants me hold- ing that there was unjustifiable delay in which the master might not pru. dently and properly, though nervously, think himself entitled to indulge. Con. sequently, I find, as matter of fact, that there was no improper amounting to deviation and affording delay an answer to the claim for demurrage, Question of Unseaworthiness The question of unseaworthiness was raised, but, sa the evidence did not sup port it, that has not been strenuously argued. The evidence was insufficient to support a contention that at the time' of the charter-party the vessel was un- seaworthy, but the evidence does show some breakdown during the service, which is a very different matter. The next question is what is the construc tion of this charter-party. It is ex tremely difficult.

The material clause is, "The cargo to be loaded and discharged together It is common ground that, as there is within five reversible working days.'

a provision that the time is to com- mence from the first high water when the ship was at or off the loading or

Total

Arrived Departed

4

2

2

葑

1

2

1.

1

+

12

1

B:

19

Total number of vessels in port is 55,

WARSHIPS HERE

THE PENINSULAR & ORIENTAL STEAM NAVIGATION CO.

STEAMER FOR SINGAPORE, PENANG, COLOMBO, BOMBAY AND KARACHI.

AND.

THROUGH BILLS OF LADING ISSUED

FOR BATAVIA, PERSIAN GULF, CONTINENTAL, AMERICAN AND SOUTH AFRICAN PORTS.

THE

THE Steamship

MIRZAPORE ”

carrying His Majesty's Malls, will be despatched from this Port on or about THURSDAY, 11th July, 1929, at Noon, taking Cargo for the above Ports.

Silk, Valuables and Tea for Italy, France and London (under arrange-

The following are the warships at ment) will be transhipped at present in harbour:-

Bombay into the Mail Steamer

At the North Basin:-H.M.S.proceeding direct to Marseilles "Tamar," "Moorhen," L15 and Lis.

and London. At the North Arm:H.M,S. "Bridgewater" and "Sorome."

Castor," "Thracian" and "Sepoy."

At the West Wall Dock:-H.M.S.

In Dock:H.M.S. “Cicala,"

Foreign Man-of-War U.S. Cunboat "Guam.”

LAUNCH AGROUND

According to a report by Sergeant Fraser of the Water Palice, the steam launch "Poseidon", owned by Messrs. Alfred Holts, Ltd. went aground jast before 2 p.m., yesterday to the south

of Kellett Island.

No one was injured.

It was learned this morning that the work of salvaging the stranded vessel

EASTERN & AUSTRALIAN SAILINGS (South). discharging barth, we are not dealing is proceeding.

ARAFURA

TANDA

ST. ALBANS

ARAFURA TANDA

| 6,000 ・ 2nd. Aug. 6,956 30th Aug. 4,500 4th

Oct.

6,000 1nt Nov. 6,954 29th Nov.

Manila, Sandakan, Thursday Island,

Townsville, Brisbane, Sydney Melbourne.

with calendar days. We are dealing with artificial periods beginning at the time which may, and often must, be gin at some other hour of the day shan midnight. Dealing with these & Artificial periods, what is the meaning of the provision that five working days, which are to be reversible, are to be allowed for loading and discharg- ing the veal, particularly having re- Sard to the addition of the word “to- gether" after discharging?

Regular monthly sailings from Hong Kong to Japan and Hong Kong Australia.

The E. & A. S.S. Co., Ltd, steamers will also call at Shanghai, Iloilo, Cebu, Kolambugan, Tawao, Timor, Darwin, or other porta en route as in ducement offers.

Frequent connections from Australia with the following:-

The Union S.S. Company's steamers to the United Kingdom via New. Zealand. Vancouver, San Francisco, etc.

The P. & O. Royal Mail steamers to London vie Suez Canal.

CONSIGNEES.

NOTICE TO CONSIGNEES.

THE BEN LINE STEAMERS, LIMITED.

that if 30 hours are used in loading, The contention of the plaintiff is

From that means that two days must be counted, and that accordingly there are

not left Do hours for discharging but The Steamship, only 72 hours. The contention of the defemlants is that you must work upon

Parcels will be received at this Office until 5 pm. the Day before Sailing. The Contents and Value of all Packages must be declared. For further Particulars, Apply

MACKINNON, MACKENZIE & CO., Agents Hong Kong, 8th July, 1929.

HONG KONG TIDE.

The tide table given below has been obtained by aid of the Tide-predicting. Machine, which includes 40 сотроп ants for the better prediction of tides, from the result of the analysis of the tidal observations, taken at the Kau. lung tidal observatory ander the direction of Dr. Doberek during the years 1887, 1888 and 1889.

The times and heights are given for Kaulang; but they may be used for the Victoria Naval Yard and Aberdeen, the differences being very small.

The times of high-and low-water must not be considered to coincide! with the times of slack-water and change of current, the two phenomena being quite distinct.

PRESIDENT LINER SAILINGS

ANNOUNCING

SPECIAL REDUCED SUMMER ROUND TRIP FARES

between

HONGKONG, SHANGHAI, KOBE AND YOKOHAMA

HONGKONG to SHANGHAI and Return H.K.$120.00 HONGKONG to KOBE

and Return H.K.$210.00 HONGKONG to YOKOHAMA and Return H.K.$235.00

Tickets are being sold af the above fare with return brilt of September 30 allowing for stop-over åt inter- mediate port ar ports within limit of tickets.

For full information apply at office of

DOLLAR STEAMSHIP LINE

and

AMERICAN MAIL LINE

No. 14 Pedder Street (opposite Hongkong Hotel)

American Mail Line

Dollar Steamship Line

AUSTRAL-CHINA, NAVIGATION CO. FOR SYDNEY, MELBOURNE AND ADELAIDE via Manila, Sandakan, Balikpapan, Rabaul and Tulagi. S.S. "CABARITA" ("CHRONOS"); salle on or about 12th July,

For freight and passages apply to:

SPEED

DODWELL & CO., LTD., Agents,

Queen's, Bldg, Tel. C. 1030,

-GOOD SERVICE

COMFORT

S.S. CHUEN CHOW

Sailing from Hong Kong at 2.30 p.m.

Arriving Macao at 6.09 pan,

DAILY

Salling from Macao at 7.50 a.m. Arriving Hong Kong at 11,28. a.m.

EXCEPT SUNDAYS,

Freight and Passage-apply;tte.

CHUEN ON STEAM, BOAT CO., LTD. Tel. C. 6081.

MIDDLESBRO; ANTWERP, LONDON & STRAITS.

DATE

"BENVRACKIE Consignees of cargo, are hereby in-

July

a mora rational system than that, and formed that all goods are being land- you are to take, five days altogethered at their risk into the hazardous Fri. for the purpose of both loading and dis-and/or extra hazardous Godowns, of

Sat.

6 m 8

Sup

7 m

July 5 to 11, 1929.

HIGH WATZE LOWER WATER. Standard Standard

Timeo

Ht

Times

719 7.3 m 0.60

14 a 4ས 2 68 a 0:4

5 17.9 1 30 10 15 a ની. 3.44K

862 # 1 it 28

4. Connaught Road W.

Et

29

m 2 12 425 a

80

The P. & O. Branch Service of steamers to London via the Cape. The New Zealand Shipping Company's steamers for Southampton and charging, and are to have Gve days The Hong Kong & Kowloon Wharf and London via Panama Canal.

for that purpose, not as the last time-Godown Co., Ltd., whence and/or from table to which I have referred In

the wharves delivery may be oht

obtained. other words, if you spend 30 hours on

No claims will be admitted after the leading you would have 80 hours, or at Goods

remaining undelivered after the

SAILINGS TO SHANGHAI & JAPAN.

MALWA

10,980 19th KIDDERPORE 5,334 20th TAKLIWA

KASHMIR

TALMA

"SHEAF MOUNT

*GURNA

TANDA

*NOWSHERA

MOREA

TAKADA

7,986 23rd July 8,985 2nd. Aug. 9rd Aug. 4th Aug.

10,000

July Shanghai, Moji, Kobe & Yokohama. July Shanghai, Moji & Kobe.

Amoy, Holl, Kobe & Osaka. Shanghai, Moji, Kebe & Yokohama Amoy, Shai, Mojl, Kobe & Osaka. Shanghat, Moji. Kobe & Yokohama, Amoy, Moji, Kobe & Osaka, Moji, Kobe, Osaka & Yokohama.

& Kobe.

5,248 4th Aug-

6th Aug.

Moj

any rate, 3 days left for discharging Goods ve left the Godowns, and all Mon. 8 m 9.4) 62 m2 633.0

I have considered all the authorities, 11th inst. will be subject to rent. and I think when you are dealing with artificial periods of this sort the prin-be presented to the Undersigned on or All claims against the, steamer, musi ciple, which may be good when you

e dealing with calendar days that before the 25th inst, or they will not

be recognised. part of a day counts as a whole day-

All broken chafed, and damaged does not and cannot apply to the pre-Goods are to be left in the Godowns sent case, and that accordingly where

you have, part of a day used in loading where they will be examined on the it will count as part of a day under 10th inst., at 10 am. by Messrs. the principle applied to a case of an Goddard & Douglas.

No, Fire Insurance has been effect- Bills of Lading will be countersign- ed by,

Branckelow S.S.

Co.

6,939 7:020

8th Aug, 10,953 16th

6,948 16th Aug Amoy, Moji, Kobe & Osaka.

30th Aug. Shanghai, Moji, Kobe 4 Yokohama. 5,231 1st Sept. Shanghai, Moji, Kobe & Yokohama.. 6,715 2nd Sept. Shanghai, Moji & Kobe. Cargo only.

Shanghai, Moji. Kobe & Yokohama. other sort, Batt, 1897, 1, Queen's eds Aug.

LARMALA *NAGPORE *MIRZAPORE

9,128

+

All dates are approximate and subject to alteration without notios. WIRELESS TELEGRAPHY FITTED ON ALL STEAMERS. Passengers for Rangoon must defray their own Hotel expenses at Singapore while awaiting the on-carrying steamer.

All Cabins are fitted with Electric Fans free of charge, Steamers on London and Australian Lines are fitted with Laundries, Parcels measuring not more than 2% x 2ft. x 1 ft. will be received

at the Company's Office up to Noon on the day previous to gailing.

For further fuformation, Passage, Freight, Handbooks, etc., apply to

MACKINNON, MACKENZIE & CO.,

Agents.

P. & O. Building, Connaught Rd. C., Hong Kong.

NEW YORK, BOSTON & BALTIMORE.

JOINT SERVICE OF THE "BLUE FUNNEL" LINE. (OCEAN SO, CO., LTD. & CHINA MUTUAL 3.S. CO., LTD.) AND

Bench, page 570.

One Day's Demurrage I think it will be found that on that basis only one day's demurrage will re- sult from the voyage which began on January 19. I am not stating that in order to preclude argument, but to de fine and illustrate what I understand to be the meaning and effect of my judgment. It was argued. for defen- dants that the time did not count until

IT

the vessel got into a toast that!

GIRB, LIVINGSTON & CO., LTD., Agents, Hong Kong, 4th July, 1929.

LLOYD TRIESTINO N. CO. -

NOTICE TO CONSIGNEES.

The. Steamer,

"HIMALAYA”

charging port. I decide contention. It was also argued that the word "reversible" was redundant if it meant no more than that loading deys and discharging days were to be

·From: Trieste, Venice, Spalato, reversible or set off one against the Port Said, Suez, Bombay, Karachi, other, which is its ordinary meaning

Colombo, Penang. & Singapore. snd that the word “reversible" referred

to interchange or turning over of days CONSIGNEES of Cargo are hereby from one trip to another. There is informed that all Goods are being force in that argument, but having re landed at their risk into the Godowns gard to the fact that when reversible of the Hong Kong, and Kowloon occurs trips have never been mentioned Wharf & Godown Company, Ltd at st all, and having regard to the fact Kowloon, whenes and/or from the that demurrage is still stipulated to be wharves delivery may be obtained, payable day by day, and to all the sir- Optional Cargo will be forwarded cumstances of the case, I hold that "reless notice to the contrary he given versible relates only to the inter before 8th Instant. change or ecunting of days as hetween No claims will be admitted after loading and discharging, and does not the Goods have. left the Godown, kave reference to the counting of days all Goods remaining undelivered, after as between the various voyages, Con- the 14th inst. will be subject to rent sequently although on some voyage All claims against the vessel müst there may be a saving of time it can be presented to the undersigned on or not couch, as againe a claim for de before the 23rd inator they will not

chafed, and damaged stipulation in the charter party by way. Goods are to be left in the Godowns, of doduction from a claim which thewhere they will be examined on the same owner has for demurrage, under 18th inst. at 10 am. by our surveyors Steamers proceed via Suez Canal or Panama Canal at Owners Option,ust be for, the shipowner with edita,

an earlier charter-party Judgment Hesare, Goddard & Douglas ez Subject to change without notice.

No Fire Insurance has been effect and a counterclaim will be dismissed.

Bill of Lading will be coun

AMERICAN & MANCHURIAN LINE. (ELLERMAN & BUCKNALL 8.S. CO., LTD.) SAILINGS FROM HONG KONG

SS CITY OF MANDALAY" Via Suez Canal S.SADKASTUS

Vie Suez Cans

For Freight and particulars apply to ~

15th July.

5th August

BUTTERFIELD & SWIRE oF THE BANK LINE, LTD, Hong Kong Hong Kong de Canten: JARDINE MATHESON & CO., LTD, Canton

murrage in this case, but has to be hired fro

counted in accordance with - the last. An

Asbore off Bolness

tanker "British subsequently ref

was

DODWELL & CO., LTD.

Hong Kong, 8th July 129,

J

f

b004 Taes. 9 0 13 39 34130 m 10 3 8.0 $13.8 0.1 Wed, 10 mL 2. 38m4 3 31 AF 24 76 8 48 04 1 50 403-6273.2 7:39.80.9

This 11

THE KWONG HIP LUNG CO. LTD.

ENGINEERS and SHIPBUILDERS, BOILEE MAKERS, BRASS and IRON FOUNDERS. All work done in this establishment is guaranteed. We have over thirty years' experience. We own two Slipways and can accommodate, any craft of 200 feet long.

Town Office: 64, Connaught Road Central, Hong Kong, Tel, Central No. 459. Shipyard: Sham-Sui-Po, Kowloon, Hong Kong. Tel. Kowloon Na 9. Estimates furnished un application

Hong Kong April 1, 1924,

THE HONGKONG & WHAMPOA DOCK

نجم

CO LTD.

TELEGRAPHIC ADDRESS: "MANIFESTO" HONGKONG.

DOCK OWNERS, SHIP BUILDERS, MARINE AND LAND ENGINEERS, BOILER

MAKERS, TRON, STEEL, AND BRASS FOUNDERS, FORGE MASTERS,

ELECTRICIANS.

The Com

pany pos Besses -- Six Granite. Docks and Two Pat- -ent Slip-

ways. The dimensions of No. 1 Dock are 700 ft. x

86 ft x 30

MS. SUGRO?

Codes Used:

A1, A:B.C.

Fifth Edi

tion; Em

gineering;

First &

Second Edi-

tion; West-

era Union

kins.

Wat-

and

Single screw slect passenger and cargo motor ship. Dimensions: 15% 0 B.P. 28′ 0′′ Mld. x 11' 6" Mid.; D.W. 470 tons; B.H.P. 360; Speed 101⁄2 knots. Built and machinery installed by The Hong Kong & Whumpos Dock Co., Ltd, to the order of La Naviera Filipina me, Cebu for Philippine coasting service.

Please address enquiries to the Chief Manager:

R. M. DYER, B.Sc., M.IN.A., Kaylaut Dock, Hong Kong,