1920-01-19 — Page 2

Page

NOTICES TO CONSIGNEES

AMERICAN ASIATIC 85, 00. NOTION TO CONSIGNEES.

Fox NEW YORK.

THE Beamship

ARABIAN PRINCE,

Part

having arrived from the above Consigoses of Cargo are harshy Informed that their Goods are being landed at the sit into the Godowns of the Hongkong and Kowloon Wharf and Godown Company Limited, Kowloon, and stored at Comelgues risk and expense.

Consignees of Cargo are hereby notified that the Superintendent of Imports and Exports, Hongkong, before Bill of Lading can be countersigned,

נן

THE SONGHONG. DAY

NOTICES TO CONSIGNEES

INDO.CHENA, STEAM NAVIGATION

CHINA

COMPANY, DIMINED.

NOTICE TO CONSIGNEES

From CALCUTTA, PENANG AND SINGAPORE

IMEE

TUE Steamship »

*** KWAISANG" having arrived from the above Perts. Consignee of Cargo by her are hereby informed that all Goods are being landed st their risk into t basardous snd/or astra hasardous Grodes ns of the Hongkong and Kowloon Wharf and Godown

galivary may be obtained.

NOTICE TO CONSIGNEES.

8.8

PORTHOS COMPAGNIE DES MESSAGERIES MARITIMES.

NOTICE.

TONSIONEES of Cargo from MARSEIL

LES in connection with abors Steam are hereby informed that their goods with the

reption of Opium, Treasure and Valuable being landed, and stored at their rinks, Into the the Eengkong Kowloon Wharf and Godown naxarious and or extra hardous Godowed Jo., Ltd., at Lowice, whenos delivery may be obtained immediately after landing

Optional Cargo will be Zorwarded

MONDAY, JANUARY 19TH, 1920.

FULL COURT JUDGMENT FOR

MOLLER & CONTES

APPEAL DISMISSED WITH COSTS, Judgment was delivered on Saturday morning in the long drawn-out Certified charter party action, in which Mesars, Moller & Co., as agents of the vessel, claimed damages from Toong Yao, a shipowner of Shanghai, for alleged broach of a charter party.

ding in the Colony, was not called witness by the appellants which

THE CHARTER PARTY CASE delivery by Inserting in the apaco Toft of

In the (pade blank for the purpose the words second s bait of October and/or November," the would obviously have been done it his blank for the cancelling date was left unfilled. There is no evidence that there was any intention to agree upon a cancel ling data unless it can be inferred from certain expressions in letters by Maller & Co. or from the fact that all the words of clause 33 after the word " November" remain in the charter party. Moller & It's language is no doubt consistent with thore being a cancelling date, and it is true that they use the words un-

of 8th to Thams, an expression which is

evidence would have helped them.

In this judgment. I have adopted the sy appellants contention that December 23th, in the latest data conred by the term on or about December 18th. but I wish to guard against any misunder standing of my judgment by saying that if I had bad to find this as a thot should have had very great dificulty in doing so on the evidence before me.

The appeal should be dismissed with

they must produos an Import Permit signed by Co. Ltd., whence, and/or from this whartes | intimation is erosived from the Congas Lordship Sir William Rees Davies, foreseen circumstances" in their letter costs and the judgment of the CourA

All broken, chafed, and damaged Goods are be be left in the Godowns, where they will be examined by Messrs. Goddard & Douglas, MONDAY, January 19th, at 10 AM.

all Claims must be presented within Farizes

Days of the Etsamar'i arrival hæro, after which date they cannot be recognised.

No Claims will be admitted after the Goods have left the Godowns, and all Goods remaining undelivered after Jan. 20th, 1990, will be subject to reut.

No Fire Insurance has been affected. Bills of Lading will be countersigned by

SHEWAN, TOMÈS & Co,

Agenta.

Hongkong, January 13th, 1920

NOTICE TO CONSIGNEES.

Goods not cleared by the 22nd Jan, will be rubject to rent..

All broken, shafad and damaged packaøren are. to be left in the Godowns, where they will be exmined, Claims against the steamer rattet be presented within 10 days of arrival, otherwise they will not be recogaised.

No Fire Insurance will be affected by na in. any case whatever,

· Bills of Lading will be countersigned by

JARDINE, MATHESON & 00, Lan,

General ManagUES. Hongkong. 18th January, 1990. [160

(246

NOTICE TO CONSIGNEES.”

OCEAN STEAMSHIP CO., LTD.

тр

CHINA MUTUAL STEAM” NAVIGA- TION COMPANY, LTD.

OCEAN STEAM SHIP COMPANY, LTD.ONSIGNEES per Company's Steamer"

AMD

CHINA MUTUAL STEAM NAVIGATION

COMPANY, LTD....

JONSIGNEES per Company's Steamer

"BELLEROPHONE.

are hereby notified that the Cargo will be discharged into Holt's Whart, Kowloon, where it will lie at Consignee risk. The Cargo will be ready for delivery from Godown on and after Jan. 18th,

Optional cargo will be landed, unless notice, 44 been given prior to steamer's arrival. "All broken, chafad, and damaged goods are to be left in the Godowns, where they will be examined on any. Tuesdays and Fridays between the hours of 10:45 am, and Noon within the free storage period.

No claim will be admitted after the Goods have left the steamer's Godown and all goods remaining undelivered after Jan

lah, will be subject to rent, AK

" POLYPHEMUS *

FROM NEW YORK via SUEZ

are hereby notified that the Cargo will be discharged into Holt's Whark Kowloon, where it will lie ar Consignee's risk. The Cargo will be ready for delivery from Godown, on and after Jan. 16th.

Optional cargo will be landed, nalem notice has been given prior to steamers arrival.

All brokan, chafed, and damaged goods are 50 be left in the Godowns, where they will be examined on any Tuesdays and Fridays between the hours of 10.45 km, and Noon within the free storage period.

124

No daims will be admitted after the Goods have left the steamer's Godowa, and all Goods remaining undelivered after Jan. 2nd, will be subject to reat

All Claims against the Steamer must be. presented to the undersigned on or before Feb. 8th, or they will not be recognised. No Fire Insurance will be effected.

... BUTTERFIELD & SWIRE

J

Agents Hongkong, January 18th, 1990,

All Claims against the Steamer must be presented to the undersigned on or before forg Feb. 4th, or they will not be recognlaod.

No Fire Insurance will be effected.

BUTTERFIELD & SWIRE,

Agents Hongkong, January 16th, 1920.

[349

BEL "COMMANDANT MAGES.

COMPAGNIE DES MESSAGERIES

MARITIMES,

NOTICE.

CONSIGNEES of Cargo from ANVERS in connection with above stesiner are hereby informed that their goods with the exception of Opium, Treasure and Valaables are being landed and stored at their raka into the hazardous andier · exten hasardons Godowns of the Hongkong Kowloon Wharf And Godown Co., Ltd., 2 Kowloon, whenco elivery may be obtained Cargo will be forwarder on males farceived from the Consignees before-Noor TO-DAY requesting it to be Bills of Lading will be countersigned by the Undersigned, Goods remaining unclaimed

* N after landing.

haded bere..

[281

NOTICE TO CONSIGNEES.

OQEAN STEAMSHIP CO., LTD.

CHINA MUTUAL" STEAM NAVIGATION CO., LTD.

CONSIGNEES per Company's steamar

# LAOMEDON”. are hereby notified that the Cargo wil be discharged into Holt's Wharf, Kow- loon, where it will lie a Consiguen's in The Cargo will be ready for delivery from Godown on and siter January 16th

notios has been given prior to steamer's Optional cargo will be landed, unless arrival.

|

before Room To-Dar requesting it to be lauded. here:

was an appeal from a judgment given

K.O. The question was whether or no Toong Iue was bound to take delivery of

Bill of Lading will be countersigned by bbé. the steamer on December 18th. The used in the letter part of alause 33. The

Undersigned Goods, remaining unclaimed after

the 24th inat, at Noor, will be subject to rent

and landing charge

All claims maat be sent in to me on or before the 28th inst., or they will not be recogniasd,

All damaged packages will be examined on FRIDAY, the 23rd Inst., at 10 AMATERA

No Fire Insurance has been affected

R. BODENFUSER, Acting Agm Hongkong, Jannazy 18th, 1990,

[288

"LCHARNHORST COMPAGNIE DES MESSAGERIES MARITIMES.

NOTICE

being landed and stored at their risks into

vessel was delivered on December 27th

and Toong Yus did not take delivery, on the ground that be should have been

letters relied on a showing that the owners road the charter party as though it contained a cancelling date are dated

below affirmed.

SIR WILLIAM BRES DAVIES" JUDGMENT, short judgment, which was as follows:

The Chief Justico then read his own

I agree.

In my judgment in the

given the vessel on or about Dea. 18th October 30th, November 6th. and Nova Court below I found that by their letter

The Chief Justice gave judgment for the th. I am unable to find in them what plaintiffs, and the appool was heard by the appellants desire. At the time they were written the value of the charter the Fall Court, comprising Sir Haviland de Sausmares (President), Chief Judge Party to them had enormously depre- of EN. Supreme Court for China, Sirated, they were asking for delay, which the respondents were willing to William Ree Davies, K. C.; Chief Justice

give them; indeed a good many things of Hongkong and Mr. H. E. JE Com-

were happening at the appellants' re parts, Paine Judge #

The Hon. Mr. H. E. Pollock, Cebarter party which was to bagin not quent which wore inconsistent with a and Mr. O. G. Alebsater (instructed by later than November 30th. I cannot and Mr. A. H. Crew of Mesars. Hastings d

of December 19th it was not in the contemplation of the plaintiffs to me December 18th as the cancelling date; and further that the defendant clearly had no right having regard to their posi tion as disclosed in the correspondcoce to regard it as such. In this view the able argument of the learned counsel for that. I was wrong. On the general ques the appellant has failed to convince me tion as to the cancelling date, I should have great difficulty in finding that a

CONSIGNEES of Cargo from MARSEIL- 1:53 in connection with shows Shamar are

ception of Opium, Treasues and Väliables are · Toong Yue, Mr. E. H. Sharp, K.C., and businesslike precautions on behalf of the cancelling dato oxisted at all. hereby tuformed that their Goods with the z-Hatings), appeared for the appellant that these letters exhibit more, than a hazardous and or extra hasardom Godguns of Mr. Eldon Potter (instructed by Mr. Wof the Castlefield should not be pre- owners' agenter that the valuable chartar the Hongkong Kowloon Wharf and Godown Shenton of Messrs. Deacon, judiced. As regards the words "unfore Co, Ldd, a Kowloon, whence dalivary may be obtained immediately after hudking.

seen circumstances they are ordinary words and I don't see why I should at- toch

Optional Chrys will be forwarded on intimation is received from the Consignees before Noor To-Day requesting it to bid

Bills of Lading will be countersigned by Undersigned, Goods remaining mataimed after the 24th inst Noos will be subject to reas and landing charges

All Claims mm be sent in to me on or before the 38th inst, or they will not be recognised

All damaged packages will be unfed on SATORnar, the 26th imaḥ, at 10 data-

No Fire Insurance has been cinched.

R. RODENFUKER, Acting Agent Hongkong, January 18th, 1980.

NOTICE: TO CONSIGNEES.

THE EASTERN & AUSTRALIAN

COMPANY'S

1289

*ST. ALBANS..

Arived Hongkong un Jan. Tabhus1980,

FEN AUSTRALIA, SANDAKAN

·-MANILA-

Consignm

Contignem of Cargo by the above-named vowel so hereby informed that their goods ans being landed and placed AT ZABIR ZINK in the Hongkong and Kowloon Wharf and Godows Godowas at Torinos where cash will be sorted out Mark by Mark are lady can be obtained in the Goods Options Goods will be landed hers aules six hozzs before arrival of the Steamer

Goods not cleared within 3 days, including

Looker, Deacon & Harston), appeared for the respondents..

BIR HAVILLAND DE BAUSEMAREZ'S JUDGMENT.

judgment of the President of the Court, Sir William Recs Davies read out the

as follows:-

The decision of this appeal depends entirely on a right understanding of the negotiations between the parties to a charter party of September 28th, 1918, for the extension of the time fixed in clause 33 for the delivery of the LL Justifield on a twelve months' time charter. The dispute is entirely se to the deduction to be drawn from the words of the charter party and the sur rounding facts, there is no question of law involved. The Castlefield was to be delivered under clanss 33 which reads that the samer shall be delivered under this charter second half October and/or November and should the steam- er not have been delivered latest on the

day, of

19, charterers

to have the option of cancelling this charter. That should it be proved that the steamer through unforeseen circum stances, cannot be delivered by the can celling date, charterers, if required, shall

which he reviewed the case, Mr. Justice, MR. JUSTICE GOMPERTZ'S JUDGMENT, In the course of a long judgment in

Gompertz said:

On all the facts of the case, I find that

condition precedent. It did not go so delivery on 18th-20th December was not and was never intended to constitute a

such delivery could be no more than a the root of the contract. Any default in

breach sounding in damages. The right of the defendant would have been not to cancel, but to claim damages if any. None are, of course, alleged. But I am prepared to carry the matter still further in favour of the plaintiffs. In my view on the evidence as a whole the letter of December 13th, was no more than a pre liminary or warning notice. We are fold that such notices are given for the benefit of the charterer to enable him to find cargo or a sub charter. Buch no tices are frequently varied: there may be more than one warning notice. All that is necessary is that delivery should. cancelling not be delayed beyond the cancelling data if any or, if there is no such date that the delay should not result in frustra tion

Boy great importance to thoir ase

there was to be no canceling date all The appellants further urge that if

the words after have been struck out. I fail to see why; "November" would

there is speaking generally no necessity for a cancelling date, and there is in this case no particular reason why one should have been inserted, certainly none to lead one to select November 30th, the date put forward by the appellants. The omission, to fill in the blank for a can colling date, I think, shows that none such was agreed upon, in which case the charterere have no option to esacel for any other reason than that the object of the charter had been frustrated by delay, a reason which has not been ang gested and which could not be supported, This is sufficient to dispose of the ap- peal, but, even if there is date, is there any reason to fix it "on or about December 18th." The intention of the parties must be gathered from the words need in the letters of December 12th and from the surrounding circum stances. Obviously the old dates bad instance

November the defendant, while asking for I have already pointed out that in

Instructions have been given to the contrary within 48 hours after receiving notice been abandoned, and that at the delay, was requesting also that as much

- date of arrival, will be subject to rent," All broken, chafed, and damaged goods are to be left in the Godowns, where they in any case whateve

No Fire Insurance will be affected, by us will be examined on any Tuesdays sod Damaged packages must be left, in the Go Fridays between the hours of 10.15 am down for examination by the Consignes, and and noon within the free storage parlos. the Company's Barreyors, Mom's Gommar

No laims will be admitted after the and DOUGLAS, at 10. on MONDAYS and Goods have left the steamer's Godown. URADAS All Claim morted days of the skenaari arrival here,

thereof, declare whether they cancel or will take delivery of the steamer,

In October or early in November, there trend of events in the battle ares and as was £ fall in freight rates owing to the

early as Oct. 18th the charterer, Toong Yue & Cu, through their agent Thams,

of the appellants. From a very early enable him to find employment for the notice as possible should be givan him to period they had continually asked for vessel This request was, of course, delay and the owners, whom delay also acceded to by the plaintiffis. The notice Their counsel pertinently asks why they suited, were doing their best to grant it under the charter party is to be given should suddenly is themselves to a data in Hongkong, the hour and place or de on or about December 18th," it by livery is to be precisely indicated and so

after the 19th inst, at Noom, will be subject and all Goods remaining undelivered | after which date they chunot be recognise began to move for a delay" in delivery, doing so they meant that the charterer/more than 24 hours'notice is necessary, No after January 22nd., will be subject to Claims will be udendkled and the Goodh, "whilst on October 30th they ask Moller shou'd have a right to cancel after that such notice was ever given for December

to rent and landing charges

All claims must be sent in to me on or before the 25th inst., or they will not be recognized

All damaged packages will be examined on Monday, the 19th inst., at 10 AM,

Hire Insurance has been effected

B RODENFUSER,

"Acting Agent

Hongkong, January 15th, 1990.

NOTICE TO CONSIGNEES. THE P.&O.&.N. Co.'s Stemmer

“UMTATM

Arrived Hongkong, 14th Janu

FROM BOMBAY, COLOMBO"

& STRAITE,

[1.50

renta

All Claims against the Steamer mi

be presented to the undersigned on or before February 5th., or they will not be recognised

No Fire Insurance will be "ellantad

DAN: BUTTERFIELD &; SWIRE,

PA: Agenta, Hongkong, January, 16th., 1820. [283

*SHIRE * LINE OF STEAMERA, LTD,

NOTICE TO CONFIGNEES. FROM THE UNITED KINGDOM, ENL

HE Steamship

'GLENSTRAR

having arrived from the above ports, Con Egnees of Cargo by her are hereby informed that all Goods are being landed at their risk

have lots the Godown

MACKINNON, MACKENZIE & 00,

Agents, 199 Hongkong, January 15th, 1926.

THE

AND

PENINSULAR ORIENTAL STEAM NAVIGATION CO. STEAMERS FOR STRAITS, CEYLON BOMBAY, EGYPT, MEDITER BANEAN PORTS & LONDON, Through Bills of Tading, mieli for Bafarian, Americza, Continental and South African Paris) AH Homeward Mall Steamer

KYNDILWARA CURA

on

Or

WAIT

& Co., the ship's agents to try to arrange tim.

18th-20th. the notices in Shanghai were The very expression aDecember delivery." Accordingly about seems to me to militate against of the shipowner: they are merely

clearly intended to be for the benefit the date for delivery of the ship fixed in this reading and the thing itself is highly ing notices advising the date on or about the charter party was by consent ignored improbable. Moreover on December 4th which notice would probably be given.

The question then arises what, if any, the respondents had definitely refused to date was substituted for that contained

- I have said enough to show that I re- in clausn 33 The appellants contend

cancel the charter party. Again, it is gazd every aspect of this question na that the two letters of December 12th said by the respondents that Thame on being in favour of the plaintifs. There exchanged between Moller & Co, and the December 17th was still asking for delay. remains only the matter of certain inter- defendant'e agent constitute & proposal He denies it and the learned Chief views which the defendant's broker, Mr. and acceptance of a date

Justice who tried the case found in favour Thams, is alleged to have had with Mr. December 18th."

of the respondents on this point It is, Moller in Shanghai after the plaintiffs' of course, open to me to disagree with letter of December 12th The Chief on commis Justice has come to a finding on this him as all the evidence, was sion, but though I think he under-point, acting not upon the demeanour estimated the strength of Tham's denial of the witnesses, for their evidence was I am by no means disposed to do so.” taken on commissiou, but on the svidenes Whether any date emerges from the cor- as a whole. I desire only to say respects

on or about

.... If that date is substituted they contend that clouse 33 of the charter party must be read as though December 20th, which they say is the latest that on or about December 18th, can mean, were substitut second half October and/or

Consignees of Cargo by the above into the hazardous and/or extes hard carrying His Majesty's Mall be ed for

named vessel are hereby informed that Godowns of the Hongkong and Fowldur Hespatched from this port about FansUARY November, and that the intention of respondence as being an agreed date for fully that I agree with his finding and their goods are being landed and placed Wharf and Godown Company, Limited 16TH, 1920, taking Cargo for the above Ports

"whence, and/or from

from the wharves, delivery

at their risk in the Hongkong and Kowloon Wharf and Godown, Company Godown's at Kowloon, where each consign ment will be sorted out Mark by Mark

and delivery can be obtained as the goods

are landed.

Optional goods will be landed here un- less Instructions have been given to the

may be obtained,

Goods not cleared by Jan. 22nd, 1930, will be subject to rent w

All broken, chafed and damaged packages

time against the Steamer must be granted

Passenger socommodation in the connecting

of the year appears in the letter of same conclusion upon this evidence. delivery is difficult to say, but the end that I should have come to precisely the

October 18th, and the end of December In my opinion the appeal must be dia

reel, if available, nozied beform departure date as well as n time for delivery, claute 23 being to provide a cancelling

aik and Valuable Cargo for Italy, Franice December 20th, is in default of any other are to be left in the Godowns where they and London (under arrangement) will be the cancelling date, and that therefore or middle of January is mentioned in missed with costs. I desire to express will be examined by Messrs. Goddard conveyed by this: Steamer proceeding to the appellants having can Douglas, on Jan. 22nd, 1920, at 10 am

Bombay and then transhipped to the

lled the that of November 8th, whilst in that of my obligations to Counsel on both sides contrary 8 hours before arrival of the within 30 days of mrzival, ofherw180 WALANG Parcels will be received as the Cfice unmis

on-carrying Steamer for lite and charter party on December 21st, azo not December, the letter in which they re for their very clear and able present- London,

liable under it

fused to cancel, the respondents asyment of the case. not be recognised.),

No Fire Insurance will be affected by as in 13 Nook the day before sailing

the steamer will be ready for her time charter during some time in the second half of December. If I have to find a time for delivery I should find it as on or before December 81st.

Steamer...

Goods not cleared within eight days, in cluding date of arrival, will be subject to Tent,

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

W

Damaged packages must be left in the Godowns for axamination by the Con- signees, and the Company's surveyors, Masers, Goddard & Douglas, se 10 a.m., on Mondays and Thursdays.

All claims must be presented within ten rings of the Steamer's arrival höre after

which date they cannot be recognised

any case whatever been

and value of wil packa

Bila of Lading will be countersigned

JARDINE, MATHESON & Co, Lab, Hongkong, January 15th, 1920.

1256

THE NEW FRENCH REMEDY THERAPLO

THE

No claims will be admitted after them pesmama Catererk

goods have left the Godown

on

MACKINNON, MACKENZIE & CO.

Hongkong January 15th, 1980 281

Kosgeber Leamos Cobain T

For further partic Apply to

MACKINNON

SYAR

P&OBN Co Post Box 112, AN

Dee Varix Boad Crustzal.

a contents

INTERNATIONAL BESEARCH

It is understood that there will be research department in connection with the American Hospital which, as has been announced in The Times, is to be founded in London. It is hoped by means of this department, to vestigations in workers from America to take

England and also place the disposal of British or

In order to succeed they must show dred at that there was a cancelling date in the dates, sto

charter party, and that if there was there is an agreement to substitute the words on or about December 20th, for that date In both these contentions to my

mind

I raust add that the action of Messra, they fail The charter party is a printed Ray and Falconer, the appellants agents form, that generally used by Moller & in Hongkong, is to my mind very signi- Co, the agents of the owners, and it feaut. It evidently never occurred to was submitted to the chartarers, who took them that the respondents were absolutely of In this way a further link betwee

such facilities as they may atand exception to certain clauses which were bound to deliver on December 20th the two nations will be forged, and an debated and finally agreed with or with It is true that they did not know the senech work Mr. Philip international complexion

210, the out modifications, one was struck out terms of the letters of the 19th, bat Mr.secretary of the hospital, is to be Clause 33 was completed as to the time of Hay, whom we are told is a ship brokerulated on this sepect of the pan

FRENCH LESSONS

G. HOURSION

MORRISON HUL BOAD