191. Withdrawal for non-payment of hire.

At common law the term requiring payment of hire on time is an intermediate term; thus failure to pay hire will not justify the owner in withdrawing the vessel unless it is such as to evidence an intention to repudiate the contract1. In practice, however, there is almost invariably an express right to withdraw the vessel2 from the service of the charterers 'failing the punctual and regular payment of the hire', sometimes subject to a notice period of a few days to deal with inadvertent omissions3. Such clauses are entirely enforceable4. But they are subject to any right to