1929-07-31 — Page 4

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and return

From Hong Kong to Shanghai

..

*

Nakakaki

*

Moji Kobe Yokohama

.H.K.$120

165.

190

210 235

Wednesday, 7th August. Wednesday, 21st August.

SAN FRANCISCO via Shanghai, Japan Ports & Honolulu.

TAIYO MARU

TENYO MARU

IYO MARU

SEATTLE, VICTORIA via Shanghai & Japan Ports.

SHIDZUOKA MARU

Monday, Monday,

12th August. 9th September.

LONDON, MARSEILLES, ANTWERP, ROTTERDAM via

Singapore, Penang, Colombo, Suez.

FUSHIMI MARU

• HAKOZAKI MARU

Saturday, 10th August. Saturday, 24th August.

SYDNEY & MELBOURNE via Manila & Ports.

KAGA MARU

TANGO MARU

Wednesday.. 21st August. Wednesday, 25th September.

BOMBAY via Singapore, Penang, & Colombo.

TAMBA MARU

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Sunday, 11th August. Wednesday, 28th August.

SOUTH AMERICA (West Coast) via Japan, Honolulu, Los Angeles,

Mexico & Panama, BOKUYO MARU

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

BINGO MARU

NEW YORK, BOSTON via Panama.

+KUMA MARU

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LIVERPOOL via Port Said, Constantinople, Genoa.

† DELAGOA MARU

CALCUTTA via Singapore, Penang & Rangoon,

+ BENGAL MARU

+ MALACCA 'MARU

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9th August.

Saturday, 3rd August. Saturday, 17th August

Sunday,

11th August.

Thursday, 8th August. Friday, 16th August.

5th August.

Tuesday. Saturday,

6th August.

17th August.

SHANGHAI, KOBE & YOKOHAMA.

+ MORJOKA MARU (Kabe direct) Monday, KITANO MARU

+ MATSUYE MARU

Cargo only.

Reduced 1st Class Excursion Rates quoted between, Manila and Australia,

For further information apply to NIPPON YUSEN KAISHA.

Tel. Central No. 202 and 3897. (Private exchange to all departments.)

O. S

LONDON,

S. K.

SAILINGS FROM HONG KONG SUBJECT TO ALTERATION.

HAMBURG, ROTTERDAM & ANTWERP Via Singapore Colombo, Suez and Port Said.

Sunday, 11th August.

ATLAS MARU

RIO DE JANEIRO, SANTOS & BUENOS AIRES-Via Saigon, Singapore,

Columbo, Durban & Cape Tow

HAWAII MARU...... BOMBAY Via Singapore & Colombo.

HONOLULU MARU

Monday, 7th September.

Monday, 5th August.

THE CHINA MAIL,

SHIPPING

"LOK SUN" LOOTED

MATERIAL STOLEN FROM STRANDED SHIP

FISHERMEN SUSPECTED

While the fire or board the stranded in the 8.8, "Lok Sun," as reported

China Mail," on Monday, was said to have been caused by spontaneous com- hustion, a different complexion has been put on it now that it transpires that certain material from the ship, has been stolen.

According to a report made to the Police by Mr. T. H: G. Brayfield, of Messrs. Carmichael and Clarke, a

SECTION.

LEGAL EFFECT ·

KILI OF LADING DATE AND REJECTION

1

OVERLOOKED IRREGULARITY

Waiver, it is called-ut what stage does one lose one's right to reject for a defect in a commereisi document; in this case omission of the bill of lad- ing date from the seller's notice if ap- a cargo to the buyer's propriation of order?

their tender was not in order he did not intend to take up the documents, and he adhered to that refusal,

Arbitrators Decision.

The result was an arbitration which came before two arbitrators and an umpire, and the award of the arbitra tors and umpire was that the buyer was in default, and that the sellers had the right to resell the parcel and claim damages, the market having fallen, based on the difference in price of 10s a quarter. From that there was an appeal to the Appeal Com- mittee, who made the award in the form of a special case, which I now have deal

with. to

When this award

came before me in the first instance I sent it back to the Appeal Commit- tee, requesting them to give a definite finding of fact on the question whe ther or not the buyer had waived the irregularity in the notice of appropria- tion. The notice of appropriation was the clearly irregular, and therefore seilers could only insist upon enforc ing their claim against the buyer if the buyer Winters

had waived that irregu- larity.

The buyer in the case of Bros, against G., J. Valkering, in the

Now, waiver involves a question of Commercial Court, before Mr. Justice Wright, made a telephone appoint- Inet; waiver means that a party to ment, after the ship's arrival, with the contract who is entitled to say that sellers, to meet at the bank next day the other party is in default

owing to to take up

the documents, and ten having broken a condition precedent vinutes lacer telephoned that the evinces an intention not to enforce or tender was not in order, and he did insist upon. that breach

the as against not propose to take up the document. other party. In this case the buyer,

when

fre Mr. Justice Wright, who has had one

received the notice of appro in the vicinity or two bill of lading date cases lately sellers, to refuse it and say, "This is priation, was entitled, as against the

quantity of Manila ropes, three steel hawsers, sorae awnings, tarpaulins, and ja quantity of ship material were stolen Jover the week-end. The total value of

the loot is not given. Fishermen cruising

are suspected.

BUILT HERE

NEW VESSEL FOR BANGKOK— BANDON RUN

Navigation Co.

Frun

Engined by the builders, she is cap- able of developing 100 N.H.P.

LOSS OF "VESTRIS"

COMMISSIONER & "CONSPIRACY

OF SILENCE"

Mr. G. P. Langton, K.C., who ap pears for Lamport and Holt and for their New York agents (Sanderson and Sons), addressed the Court when the

do refuse it,

a. this instance held that the buyer could not avail himself of the irregt-not in accordance with my contract; larity of the omission of the bull of the notice of appropriation does not ading date, because he by his acts had contain particulars of the date of the waived it, and behaved as though an- bill of lading, and therefore I am en-

readiness to ignore

ore it. nouncing a

titled to refuse it, and The matter came before the Judge If he had done so, the sellers would on the appeal of the buyer from the then have been compelled to take back London Corn Trade Association in Ap- the notice of appropriation, and they peal Committee. Mr. Cartwright might have been in a position to cure Sharpe appeared for the buyer, in- the defect in the notice

appropria- structed by Messrs. Keene, Marslandtion and to send in within the contract and Co., and Mr. J. Dickinson for the period notice of appropriation which seller, instructed by Messrs. Richards was in accordance with the contract, and Butler.

and which the buyer would have been

me

#8

મૈં

25

ise of

WEDNESDAY, JULY 31, 1929.

FAST LUXURIOUS SERVICE

-to America

and Europe

RAVELLERS bound for

Tavica of Europe, avail

themselves of speedy and com- fortable service when they go Canadian Pacific.

The White Empresses are the largest, newest and fastest liners on the Pacific. They cross from Yokohama to Vancouver in 9 days; from Shanghai to Vau- couver in 14.

These ships connect with the summer trains, "Trana-Conada Limited' and "Mountaineer,” at Vancouver, enabling passengers to make the earliest sailing of a Canadian Pacific Atlantic liner,

CANADIAN PACIFIC

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EMPRESS OF RUSSIA

NOON-August 21st, 1929.

WORLD'S GREATEST TRAVEL SYSTEM

BRITISH WUCHOW LINE SAILING DATES FOR JULY/AUG., 1929 (Subject to change). DEPARTURE HOURS: Hong Kong 5.30 p.m., Wuchow 2.00 p.m.

S.S. "TAI HING"

S.S. "TAI MING" [1,068 tons-Capt. Troit.] [640 tons-Capt. G. J. Spink.] WED.

JULY

AUGUST

31st

AUGUST

WED.

21st

SUN.

TUES. 27th

FAL

4th 9th

MON. 19th

SUN. 25th

WED.

14th

30th FRI.

6th TUES. SUN. FRI.

Ifth 16th

Regular Service of Fast, High Class River Steamers Having Good Ac- omiraodation for First Class Passengers. Electric Light and Fans in State-

The list of departures in yesterday's Harbour Office Reports included the 3.3. "Naris," which has just been tom- pleted by the Hong Kong and Wham-One poa Deck Co., Ltd., for the Siam Mr. Justice Wright, giving compelled to accept. The buyer, how- judgment. said: This casc comes ever, this case did not object to the A single screw steamer, the "Naris" before

case notice of appropriation. special is intended for the Bangkok-Bandon stated by the chairman .of the I am far from saying that it is the appeal committee of the London duty of the buyer to correct the faults She was launched on June 8, 1929, Corn Trade Association, who had of the sellers, or that the sellers are and has a gross tonnage of 779, while at the court, in favour of the sullers please and send in bad notices of sp- made an award, subject to the opinion entitled to be as careless as they her net tonnage is 419. Fitted with

under

a contract in writing dated propriation, and then insist that the electric lights and registered at Bang- April 28, 1928. Under that contract buyer is bound to take them, though kok, her dimensions are: Length, J. Valkering, the buyer, agreed to the buyer has

G.

done nothing which 165.8 feet; breadth, 35.1 fect; and buy from Messrs. Winter Bros., as

as would amount to a waiver of the ir depth, 15.7 feet.

sellers, a quantity of 350 tons of Tax-regularity: but in this case it appear manian wheat, shipment in good to me--and it is

is obviously the view of dition per first-class steamer and-or the Appeal Committee of the London steamers from a Tasmanian port."

Corn

Trade Association that the per bill or bills of lading Sated or to buyer has definitely waived the irre be dated May-June, 1928, 536 3d gularity in the notice of appropria- per quarter, including freight and in- tion. I ignore what happened subse- surance to London

quently, because it seems to me that The contract was on the London the essential point here is this: that Corn Trade Association form, and the the notice of appropriation being ir- only material clause that I need refer regular upon its face, the buyer not to is this: "Notice of appropriation merely did nothing at all, but he de- with ship's name, date of bill or bills finitely accepted the tender; by accept- of lading, and approximate qu loaded shall be given by the

ing

the tender, I think he did not merely receive a piece of paper into

These vessels leave Hong Kong for Wuchow (via Samshui, Shiching, tract direct or through his house or back, but be actually received it as a Takhing & Dosing) and return to Hong Kong (vie same Ports) every five

tender that is

tender to say "I am not so foolish as to imagine," representative or agent in Europe to uyer within 21 days from date of

jays. his buyer he said, "that you will say you do not sill of lading" and then there is also document as a good tender, though it under the contract, and if he took a censure whoever was responsible for sending the ship to sea below. her

2 provision, not material in this case, bore on its face a patent irregularity, marks. I am sure you will, but that for subsequent potkes between subse-I think he thereby waived the irregu-

sellera is another thing from saying that the quent

buyers.

larity. And VICTORIA, SEATTLE, TACOMA & VANCOUVËR--Vie Japan Ports from person or persons who were responsible

"A Waiver" A certain quantity of what was Shanghai.

for that are in any principal degree to shipped which is not relevent in this That is clearly the view of the Ap-| blame for the loss of the vessel." dispute, but the balance of 308 tons peal Committee of the London Corn Mr. Langton said it was rather a re- was shipped by way of completion of Trade Association; they have found as

on the steamer "Porta fact that here was a waiver.

The same principle, I think, applies uneasiness among the officers of the

and the bill of landing for I have to do is to see that there was to a case of documents, as in this case, ship regarding the list, and mystery that shipment was actually dated Juno evidence upou

which they could so and in my view there was evidence as to the cause of the entry of water, 3, 1928, that was well within the con- find, because if there is any evidence on which the chairman of the Append no one seemed to have said, "This

traut time; any bill of lading up to upon which they could an find, their Committee could find, as in fact he ressel lacks stability. This vessel is and including

the date of June 30, finding of fact is conclusive so far as has found, that the buyer has waived 1928, would have been a good tender am concerned. I take it that they the irregularity in the notice of ap- Mr Butler Aspinall (the Commis- so far as questions of oats were con- must have formed the view that the propriation, and I therefore uphold sioner): I was impressed by that. cerned. That notice of appropriation buyer by signing the document he did the award of the Appeal Committee in There seemed almost a conspiracy of of the shipment of June 9, 1928, ac acknowledging the receipt of the the form in which it has been made, silence on the part of many of these cording to the contract, ought to have tender, meant in bestander, and that ed in that form, that is according to A6 2, for

business to acknow- and I order that the award be enforce It has been very difficult been given on er before June 30, 1928, to extract from them what was in and if the shipment had not been made would clearly, in my judgment, con- Paragraph 16, and I further order that their minds.

the buyer pay the costs of the pro-dent Grant will gail from Manila on as under the contract it need not have stitute a waiver. been nade till June 30, 1928, the have notice of appropriation could been properly given up to and includ ing July 21, 1928. ·

*(Calls at Penang) GANGES, MARU DURBAN, LOURENCO MARQUES,

BAR & CANADA MARU

Monday, 19th August, BEIRA, DAR-ES-SALAAM, ZANZI & MOMBASA-Via Singapore & Colombo,

Tuesday, 6th August.

CALCUTTA—Via Singapore, Penang & Rangoon,

SEATTLE MARU

KUSADO MARU

Thursday, 1st August. Sunday, 18th August.

ALABAMA MARU (From Shanghai) Wednesday, 14th August,

MELBOURNE -Via Manila, Brisbane & Sydney.

HIMALAYA MARU

HAIPHONGVia Hoihow & Pukhoi.

MENADO MARU

NEW YORK Via Japan ports, San

HAMBURG MARÙ

JAPAN PORTS.

ALASKA MARU....

KEELUNG—Vin Swałow & Amoy.

CANTON MARU HOZAN MARU

TAKAO-Vis SWATOW & AMOY.

DELI

MARU TAKAO & KEELUNG.

SOURABAYA MARU

For further pariculars please apply Tel. Central No. 1088, 4089, 4090.

American

Wednesday, 7th August.

Thursday, 8th August, 10 a.m.

Francisco & Panama.

Sunday, 18th August.

Sunday, 11th August.

Sunday, 4th August, 3 p.m. Sunday, 11th August, 3 p.m.

Thursday, 1st August, Noon.

Friday, 16th August. to-OSAKA SHOSEN KAISHA.

M. TAKEUCHI, Manager.

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Issued in G.$10, G.$20. G.$50, G.$100, and Es and £10 denominations-bound in a small handy wallet and cost only 3⁄41⁄2 of 1 per cent, Secure your steamship tickets, hotel reservation and itineraries; or plan your cruise or tour through

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INC.

of

Board of Trade inquiry into the loss the grain tendered under this con- his possession instead of sending it rooms and Saloon. The ss. "Tai King" is fitted with Wireless.

of the "Vestris" was resumed 37% London in mail week.

was shinnes

markable thing that when there waslington

overloaded."

witnesses.

SEA FIGURES

DEPARTURES IN EXCESS OF

ARRIVALS

partures over arrivals.

Ordinary Form

The

*

All

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

Hong Kong Arrivals and Departures from Hoi On Wharf.

For information apply to-

87, Connaught Road West,

Phone: Contraf 898.

case is analagous to that which ceedings before me. arises in connection with the sale of goods, where on a bender of goods which, in fact, do not correspond with any the contract descriptions for

the buyer may accept that reason

KWONG WING C

MOVEMENTS OF STEAMERS

The P. & 0, 8.5. "Khyber" left

Shanghai for this port on July 30

at 4.30 p.m., and is duc here on August 2 at about 6 a.m.

The Dollar Liner "President Lin- coin",

from Seattle on July 13, is scheduled to all from Shanghai to-

is due day, and is here on Friday,

sailing

the following day for Manila.

At

p.1.

The American Mail Liner "Presi-

Saturday, August 3, at 4 pm, and is scheduled to arrive here at 7 a.m. on Monday,

August 5. This steamer will sail on Tuesday, August 6 at 10 for Victoria and Seattle, via Shanghai and Japan.

a.m.

The Dollar Liner "President Wil- son", from San Francisco on July 12,

CONSIGNEES' NOTICE What happened was that on June 18 the sellers sent to the buyer an ordin- tender in terms or by conduct, and

Consignees of cargo ex 8.8. "City The passenger figures issued by the3ry printed form, as I understand when be does so he is then debarred

the trade, giving him from refecting the goods in respect of Pekin" are reminded to take Harbour Office yesterday for the week common in

notice of shipment of 308 tons of of their non-conformity with the con- delivery of their goods which will be ended July 27 showed an excess of de-Tasmanian Wheat by the steamship tract, assuming, of course, that he has subject to zent after August 5.

Port Wellington in completion of the ad

the had a reasonable opportunity of in- contract; it contained words which no specting the goods, and under those Arr. Dep. one for this purpose attaches any im-circumstances, though he may claim 11,564 11,972 portance to, that is the words, "With-for damages in respect of the Tone V.C., of "mystery ship" fame, has land," ex San Francisco on July 19, is

al conformity with the contract, if he has returned to Plymouth from a lee- 26,248 29,580 out

out prejudice and under the usual

suffered any damage, he is not en- reserves," they are not material here.titled to reject the goods.

Details follow:—

Ocean-Going Vessels

River Steamers .... Junk and Launches

Totals

·

318

363

Attached to that document was a slip, 38,130 41,205 perforated so that it could be torn off, and that silp contained the words specifying the contract and so on, ad- dressed to Messrs. Winter Brea: "Dear sirs. We beg to acknowledge receipt of tender of 380 tons Tramanian wheat per s.s. Port Wellington' against con- Yours

OLD TAYLOR

OF HONG KONG, LIMITED.

AGED BY TIME

COMPANY

DRY DOCK-

Length 787 Feet. Length on Blocks 750 Feet. Depth on Centre of

THE TAIKOO DOCKYARD & ENGINEERING

SALVAGE TUG “TAIKOO"

Tel

212 Central?

Wireless Cell

V.P.G.N. 600 Meters.

INOODOGK” FONG KONG.

ANS. PENNANT.”

Sill (H.W.0.5.T.) 34 ft. 6 ins.

THREE SLIPWAYS

Capable of Handling Ships Up

to 3,000 Tons Displacement. Electric Crane at Sea Wall, Capable of Lifting 100 Tons at 70 Feet Radius.

BUTTERFIELD & SWIRE.

AGENTS.

HONG KONG, CHINA & JAPAN

tract 20/4/28 completion. Wilkie." truly, G. J. Vakkering, per

That acknowledgment

receipt, ac cording to the award of the arbitra- tors, and according to their finding of fact, is an acknowledgment signed by the buyer, and ther

therefore,

whether it'

was signed by the buyer's own hand or signed by gentleman repre- -senting him is a-matter which under this award is not material. The award

Bis conclusive as

expensa

not

has treated: it and that 13 purely a matter of fact, as an acknowledgment by the buyer, and that in far as I ani concerned, That tender, it is

is obvious, was in accordance with

the contract, be cause though it gave notice of appro priation with the ship's name, it did not give the date of the bill of Lading: the date of the bill of lading was not given until August 1, 1998, when a provisional invoice containing that further information was sent to the buyer

and

accepted by him without desaur, but without any expe knowledgment. The provisional voice did not cure obviously any do fect in the original notice of apprò- priation, because it was not a notice of appropriation, and anyhow was not in suficient time to fulfill the functions of a notice of appropriation, even if for other reasons it did som

There are only three other facts. which I need refer to; one is that the buyer resold on August 18, 1928, 438 tons of wheat which he had bought|

invoice sellers, and sent an to those eub-buyers

corresponding with the nation from the sellers, and

from the

further on August

st, 1928, the vessel having than arrived in

in London, the sellers asked the buyer on the tele phone for an appointment the bank to take up the documents; much ap pointment was made by telephone for the following day but about ten minutes afterward the buyer tale phoned to the sellers again that as

is due to arrive at this port at 7 a.m. on Saturday, August 10. She will continue her Round-the-World voyage at 8 a.m. on Sunday, August

The Dollar Liner "President Cleve

due to arrive at this port on August.

Rear Admiral Gordon Campbell, { 11.

ture tour in America.

BANK

ELLERMAN A

12.

LINE LTD.

AGENTS FOR

BUCKNALL S.S. CO., LTD.

SAILINGS SUBJECT TO ALTERATION WITHOUT NOTICE.

UNITED KINGDOM & CONTINENT

8.S. "CITY OF ATHENS" London, Rotterdam, Amsterdam & Hamburg

NEW YORK, BOSTON, & BALTIMORE

S.C. CITY OF CANBERRA" S.S. "CITY OF NORWICH"

via Suez Canal

via Suez Canal

ALSO AGENTS FOR

ANDREW

WEIR

SERVICES TO:

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10th September.

6th October.

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3rd August. ORIENTAL AFRICAN LINE

12th August,

MAURITIUS & SOUTH AFRICA

S.S. TINHOW?

Loading for Mauritius, Reunion, Delages Bay, Durban, East London, Algon Bay (Port Elizabeth),

Mossel Bay and Capetowa. Z

Through Bill of Lading Iraed to Beira, Quilimaine, Tho, Port Amelia, Mozambique, Chinds, Inhambane Zanzibar, Mombasa, Kilindin, Fort Nolloth, Luderitz Bay, Walvis Bay and Madagascar,

For freight or pasanga 03 217 of the above Huse apply

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