SHIPPING.

Otago Daily Times, Issue 18323, 13 August 1921, Page 8

SHIPPING.

PHASES 07 THE MOON. AUOCBT. . „ _ J7ew moon ... 4th 7-48 a-m. First quarter —• _ * Poll moon ... M 19th 3.58 a.m. Last quarter ... 27th 0.31 a.nu * I' 'lj ~ the sun. Rises to-day at 7.18 axn.; seta a* BJO pjn. THE WEATHER. August n—Sreng wind, at first north-easterly, later veering to north-weet. Light showers in morning; steady rain subsequently. 1 8 a.m. Noon, i n.m. Barometer Thermometer ... Min., 40; max., 43. HIGH WATER. August 13— a.m. p.m. At Taioroa Heads _ _ At Port Chalmers _ ... At Dunedin —.- 11.61 1 August 14— .. ~ At Talaroa Heads _ 11.33 H-60 At Port Chalmers At Dunedin ... 0.18 0.43 ', WEATHER REPORTS. (Pan Uarrao Paasa amooiatio*.) i WELLINGTON, August, 12. Tollowlng are the official weather report* at 4 p.m.

WEATHER FORECAST. The following is the official weather forecast: — “ Present indications axe for variable winds, with freshening northerlies prevailing soon. Cloudy, and unsettled weather may be expected at times, with drizzling rain in many parts. Tha barometer will be falling everywhere soon.” ARRIVAL. August 12. Corinna, s.s. (10.10 a.m.), 1319 tons. Elder, from New Plymouth. Union Steam Ship . Company, agent. John, s.s. (7.55 p.m.), 339 tons, Rodgers, from Wellington. Keith Ramsay, agent. " SHIPPING TELEGRAMS. .AUCKLAND, August 12.—Arrived: Ihu- £ , mata (8.20 a.m.), from Wanganui. Sailed: 1 Omana (5 p.m.), for Newcastle; Wairune (7.50 ■ P.m.), for Wellington, ex Hokianga; Joan Craig, for Melbourne. WELLINGTON, August 12. —Arrived: Kanna (2.15 a.m.), from Timo.ru; Maori (7 a.m.), from Lyttelton; Rama (7.25 p.m.), from Timaru; Kahika (midnight), from Greymouth. Sailed; Kanna (6.25 p.m.), for Auckland; Maori (7.50 p.m.), for Lyttelton; Kakapo (9.25 p.m.), for Westport; Opua . (4.20 p.m.), for Westport. 1 • LYTTELTON, August 12.—Arrived: Calm (7.20 a.m.), from Timaru; Mararoa (9 a.m.), , > from Wellington; Breeze (11.40 a.m.), from Dunedin; Baden Powell (3.40 p.m.), from Wellington; Eastern Planet (4.45 p.m.), from .New York; Storm (7.20 p.m.), from Wanganui. Soiled: Mararoa (7 a.m,), for Wellington; Orepuki, for Greymouth. ■ " ■ The Storm is expected at Dunedin on ' Monday from Timaru and Wanganui. The Kini left Onehunga at 7 o.m. yesterday for Wellington to load for Lyttelton. The Kowhai arrived at New Plymouth yesterday morning. An endeavour will be made to despatch her for Greymouth to load for Wellington. . The Kanna sailed from Wellington last ■ evening for Auckland. She will load at the latter port next week for Lyttelton and Dun- .: edin. , ; -The Kakapo left Wellington last evening for Westport to load there for Auckland. The Waihora is expected to leave Wellington on Monday evening for Newcastle, where she will load for New Zealand ports. The Wanaka was expected to leave Lyttel- ■ ton last night for Sydney and Newcastle, where she will take in cargo for Bluff, Dunedin, Lyttelton, and Wellington. The Kokiri, bound for Dunedin, is barbound at Greymouth. ' ‘ The Koronui arrived at Napier yesterday morning, but there was not a berth available. She is not expected to leave Napier (for Wellington and Dunedin) before Tuesday. The Niagara left Sydney on Thursday morning for Auckland, where she is due on Monday. She will sail for Vancouver on the 16th inst. The Karamn sailed from Wellington at 10 p.m. on Thursday for Port Chalmers. ■' On arrival she will be docked for cleaning and painting, and is scheduled to leave about Wednesday for Wellington, via Oamaru and ... Timaru. The Wairuna left Auckland yesterday for. Wellington and Dunedin. The Wingatui is expected to clear from Bluff to-day for Oamaru, Timaru, Lyttelton, and Auckland. The Island steamer Flora will leave Auck- , land tb-day for Rarotonga and Papeete. The Paloona, coming from Melbourne direct, is -due here on Monday morning. She will sail at 2 p.m. on Tuesday for Lyttelton and Wellington, and will leave the latter port for Melbourne again, via Bluff. Wet weather delayed operations on the Corihna, which ftrived at Dunedin yesterday morning from New Plymouth. She is scheduled to leave here to-day for Nelson and New Plymouth, via ports. The Mamma left Rarotonga at 9 a.m. 'yesterday. She is duo at Wellington on Monday, and will proceed to Sydney the same day. The newly-formed Dunedin-Wanganui Steamship Company, Ltd. (says the Dominion), is losing no time in oommenciAg operations, for Captain S. Holm, of Wanganui, will leave for England to purchase a steamer suitable for the trade. Captain Holm expects to be absent from New Zealand for five or sir months, and has booked a passage by the Ruahine. The head office of the new company will be at Dunedin, and the principal agents will be stationed ot Wanganui. » The Waikawa is now loading on the Pacific Coast for Auckland, Lyttelton, Wellington, New Plymouth, Melbourne, and Sydney. She is expected to clear San Francisco about August 20. The Waihemo is due at Vancouver on August 26 from Sydney. She will take the August-September loading for Auckland, Wel- ■ lington, Dunedin, Melbourne, and Sydney. The Durham is expected to get away from Wellington to-day for New Plymouth. . The New Zealand Shipping Company’s liner Otaarama arrived at Montreal from Liverpool on- - Sunday. She is to load, for Australian v ports, and will tranship her New Zealand . cargo at Sydney. The U.S. and A. liner Eastern should reach Auckland about the end of the month from New York. Her other ports are Wellington, Napier, and New Plymouth . The Port Lincoln, from New York, is duo at. .Auckland to-day. She should arrive at Wellington a week later. After discharge „ she is to proceed to Lyttelton, Dunedin, and Australian ports.

PILFERING ON SHIPBOARD

AN IMPORTANT JUDGMENT. An interesting case concerning the liability of shipowners for non-delivery of whole packages was decided in the King’s Bench Division, London, in June, when Mr Justice Bailhache gave judgment in favour of the shipowners. The action was brought by • Messrs Ch. Sinigadis and Fils and T. Pappavangelon against Messrs Furness, Withy, amj 00.. for the value of a bale of woollen goods shipped at Liverpool for Salomca on ' on ordinary bill of lading and which did not turn up at destination. The loss of the bale was admitted by defendants, who. how- •> ever, denied liability on the ground that -.id I the; ba was stolen, and that lose by theft "... was one of the special exceptions mentioned inj/th^,bill of lading, or, alternatively, that the loss was caused by the negligence of their servants, which cause was also excepted in the bill of lading. After hearing evidence, I Mr Justice Bailhache stated that he had come to the_ conclusion that the bale was 'stoTwij- and in the course of his judgment said; “I am satisfied that tho bale was shipped in fact on the steamship Norton in No. 1 •lower hold cm, September 1, 1919, and was slowed in the square ol the batch. It was marked special, because it was intended •*'”{* having regard to its value, special cte should be taken of it. It wae left with a tier of other boles on top of it. On the morning of September 2, when the wharf fore- • man and chief officer went on board the Norton, it was found that thieves had been at work. There had been some broaching , of tho cargo in No. 2 hold, and some thieves had evh-ently been in No. 1 hold, though it was thought at tho time that they had ,|,i - not stolen anything out of No. 1 hold, but had disturbed tho cargo there, and had themselves been disturbed before they could take anything away.” , . As a general rule the courts are very diffident • (says Fairpky), in coming to a conclusion that loss must be presumed to hav been duo to certain cause, and this careful opinion, based on the evidence, reflects further upon tho audacity and thorough- ‘ ness of dock thieves, for the halo in ques- •' tion weighed 9cwt, and to have been moved bodily would have required tho use of a derrick. Moreover, tho iron hooping and f-' • 1 gunny ’covering must have been taken away in ordei that attention might not bo aroused bdidre the contents of this valuable bale were disposed of. It is true that a police strike was fn jpregrees at the time, but, even «v

it Is zemaxkablit that thieves should gain access to the ’holds of a steamer lying in a British port and get clean away with a considerable quantity of goods as they did in this instance. As already stated, judgment was given, for the defendants on the ground that the bill of lading exempted the shipowner from loos due to theft, but some of the arguments on the alternative defence which were put up drew some comments from the judge which are of considerable interest to shipperp and underwriters. Dealing with the suggestion that the bill of lading exceptions were so wide that it was not incumbent upon the shipowner to prove cause of lose, and so escape liability by bringing the loss within one of the definite exclusions, Mr Justice Bailhaohe said: “Of course, in the absence of a special contract, the shipowners would undoubtedly be liable for non-delivery of the bale, but they say this bale must have been lost either by theft or by negligence, and whether it was lost by theft or negligence they are alike protected by the terms of their bill of lading. I desire to emphasise this, that % shipowner who relies on exceptions in a bill of lading must bring the case within one or other of the exceptions, or. if there are two exceptions governing the case it is sufficient if he satisfies the court that the loss is undoubtedly due to one or other of the exceptions. Mr Dunlop rather suggested that the exceptions in this bill of lading are so wide as to practically cover the whole field of t> shipowner’s liability, and that it was no longer on the shipowner to bring himself within these exceptions. If he did mean to go as for as that, all I can say is I do not agree with him.” Cases of non-delivery are so frequent m these days that shippers will do well to remember that the shipowner must prove that the non-delivery was due to one of the causes excepted in the bill of lading, and underwriters quite rightly refer shippers to their shipowners when the total loss of a whole package is claimed and cause of loss cannot be ascertained, unless, of course, the risk of non-delivery is specially covered by the policy. Even when this risk is covered by underwriters the shipowners are still liable to whoever it may concern up to the limit mentioned in the bill of lading unless they can prove their non-liability as brought out in. this case. WITHIN WIRELESS RANGE. The following vessels were last night witum range of the wireless stations named; —Awanui: Tofua, Kaiwarra, Manuka, Uliroaroa, Kauri, West Oamargo, Moindy Lodge, -Niagara, Rakanoa, Waipori. Auckland: Mor rama, Karori, Wairuna, Omana, Port Lincoln. Wellington: Maori, Mapourika, Mararoa, Somerset, • Ruahine, Donald M’Kay, Kanna, Eastern Planet, Arahura. Knwatiri, Aroona. Awarua: Whangape, Paloona.

Bar. Tber. WeatherCape Maria — S., light 30.42 — Overcast Manukan H.... 8.W., light 30.38 38 CloudyAuckland 8., fresh 30.42 58 Fair Touranga 8.W., fresh’ 30.40 82 Fair Gisborne... _ S.E., light 30.33 56 Overcast Napier Calm 30.40 54 Overcast Castlepoint ... 8., light 30.33 4!) Overcast Wellington ... N., light 30.33 54 Overcast New Plymouth W., light 30.30 57 Hazy Cape Egmont... W„ light 30.32 58 Overcast Wanganui W., light 30.30 58 Overcast I'are we 11 Spit.. W., Freeh 30.30 67 Cloudy Cape Foalwind 8.W., breeze 30.31 50 Showery Greymoath ... N., light 30.23 54 Overcast Stephen Island S.E., fresh 30.32 45 Foggy Cape Campbell N.E., light 30.35 49 Misty Eaikoura N.E., light 30.33 48 Overcast Akaroa light... N.E., fresh 30.23 45 Overcast Nuggeta S.E., freeh 30.18 37 Bain Bluff... ... N.E., breeze 30.02 44 Showery