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G8440, G8420, via Japan and Seattle. SAN FRANCISCO via Shanghai' Japan Ports & Honolulu,
TENYO MARU
Wednesday, 3rd April. Wednesday, 17th April.
KOREA MARU
SEATTLE, VICTORIA via Shanghai & Japan Ports.
SHIDZUOKA MARU
YOKOHAMA MARU
Monday, 25th March. Monday, 8th April.
LONDON, MARSEILLES, ANTWERP, ROTTERDAM via
Singapore, Penang, Colombo, Suez.
HAKOZAKI MARU
HAKUSAN MARU
Saturday, 23rd March, Saturday, 6th April.
SYDNEY & MELBOURNE via Manila & Ports.
AKI MARU
KAGA MARU
Wednesday, 24th April. Wednesday, 22nd May:
Thursday, 28th March. Sunday, 31st March.
ROMBAY via Singapore, Penang, & Colombo.
TOTTORI, MARÚ
† YAMAGATA MARU
RAKUYO MARU
NEW YORK via PANAMA.
» MAYEBASHI MARU
Thursday, 28th March.
LIVERPOOL via Port Said, Geneva, Marscilles.
↑ LIMA MARU
Friday, 19th April.
PALCUTTA via Singapore, Penang & Rangoon,
NAGATO MARU
SHANGHAL, KOBE & YOKOHAMA.
Friday,
29th March.
1
THE CHINA MAIL,
CONTROL OF COSTS
IMPORTANT RULING IN ADMIRALTY COURT
SHIPPING
SECTION.
TWO STOWAWAYS
MISLED BY NAME OF THE ·
STEAMER
Robert Fisher (17), Irish, and John Branigan (18), English, were yester. day charged before Mr. T. S. Whyte- Smith, at the Kowloon Magistracy, with stowing away on board the að. "Portesilaus" from Vancouver.
They pleaded that they
under
Were
JV Naisby, for the appellant, in structed by Messrs. Chamberlin Talbot and Bracey, of Yarmouth. London the impression that the ship was agente, Messrs. Botterell and Roche, bound for the British Isles and had no and for the respondent, Mr. H. L. idea she was coming here. They had Holman, instructed by Messrs. gone to Canada under the Farm Of considerable interest to practi-Wiltshire, Son and Jordon, Lowatoft, Labouring Scheme and wanted to re- tioners in the Admiralty Court is rul- London agents, Messrs. Holitan Fen ing recently given there on ques- wick and Willan. tion of costs, in view of something recently said in the House of Lords, from which it might have been sup posed that the decision would go diferently.
Where a ship is held to blame, aald Phillimore, in the House of Lord Lards, and her owners appeal and get a finding of both to blame, the rule he would advise the House of Lords to uphold was no costs at any stage of the proceedings.
of the
The Judgruent
At the end of the argument, Lord Merrivale, delivering the judgment, in which Mr. Justice Hill concurred. aaid:. In this matter a question of some importance arises as to costs. It is an appeal from the County Court a collision case and action where, in the Court below, both vessels had been found to blame, but the appell aats vessel, the "Ocean Swell" two-
in
turn to the Old Country, The name ["Liverpool" on the stern of the ship
had misled them.
The Magistrats imposed fines of $50 each, or, in default, one month's hard labour.
SHIPREPAIRING
THE RECONSTRUCTED "LOCHMONAR”
the
vessel of
The Royal Mail motorship "Loch- It was contended that the Admiralty thirds and the respondents one-third mozar left Belfast recently on her Court should follow this principle, in to blame, and the appeal is against official trial trip, after undergoing a રી case where a vessel, found more to that apportionment. We found upon feemarkable reconstruction at the SOUTH AMERICA (West Coast) ya Japan, Honolulu, Los Angeles, blame than the other, had appealed the hearing of the appeal that with works of Messrs. Harland and Wolff;
Mexico & Panama.
and
got a
a finding of both to blame, regard to the matters as to which the Limited. The Admiralty Court, however, was
respondent had been held to blame The Lechmorar" is a Friday, 19th April.
not impressed, and gave the appell there is, we consider, error in the 9,400 tons gross, built by Messrs. SOUTH AMERICA (East Coast)-vin Singapore, Cape Town & Ports, ant, who had had a substantial mea judgment, and that there was not a Harland and Wolf, Belfast, in 1924,
KANAGAWA MARU
Friday, 5th April,
sure of success in appealing to the preponderance of grounds of com- and propelled by twin-screw Harland- Admiralty Court, his costs.
plaint against the appellant which had B. and W. single acting motors. To The case, which will be a standard beer found in the County Court. We wards the end of 1927 she ran ashore case in the future, is that
inclined to the view
that the prepon on the Mersey Revetment, and was "Ocean Swolf" and the "Young Sid," derance of blame was on the part of so badly damaged that, in order to where, in the Con
* County Court at Yar- the respondent rather then the a
the apsalve her, it was necessary to cut off mouth, the former had been held two-pellant, but on considering the matter about 15f feat of the fore-end of the
to the conclusion that as vessel. thirds to blame. The matter of casts we caine
A temporary bulkhead was was strenuously argued before the matters acced, and having taken due erected and Admiralty Divisional Court, consisting account of the findings of the leadus erected and the after part of the ship moved up the channel to Liverpool, to of Lord Marrivale and Mr. Justice ed Judge upon the grounds of alleg-await favourable weather for the tow Hill, who heard the appeal, and many
ed fault of which there was evidence across to Belfast.
they eases were cited beside that of the
were equally to blaine.
It is interesting to note that this "Canton" and the "Rhesus" (lately re- Than arcse the question of costa, bulkhend so well constructed that parted in "The Journal of Commerce"), and I'de tot know that there would it was possible to use the main en-
Lord Phillimore made use have been any difficulty in dealing with gines of
ship to
to assist in the pro- of observations, the gist of which it in the ordinary course had not outsion of the vessel up the
channel. set out above.
been that attention was
directed to The after part of the ship was later Before the Admiralty Divisional wards it by some observations
ons in a towe
towed to Belfast, where a new fore- Court, the title to costa was debated recent judgment in the
House of Lords
on the slipway. by Mr. George Langton, K.C., and Mr.
was launched in bow observation there of Lord Phillimore, grdinary way, and the two parts of the who delivered the leading opinion in the ship joined together in. drydock. the House of Lords, in considering the The building and launching of the new question of were the vessels baf bow, and the subsequent operation of been held equally to blamo and there joining up to the after part of the was an appeal that in the first in-which the experience and skill of the ship presented unusual difficulties,
+ MATSUMOTO MARU
Saturday, 23rd March. 30th March. 2nd April,
† MALACCA MARU (Omit S'hai). Saturday, KANO MARU..
Tuesday,
+Cargo, only. Reduced 1st Class Excursion Rates quoted between Manila and Australia.
For further information apply to-NIPPON YUSEN KAISHA. Tel. Central No. 292 (Private exchange to all departments.)
HAMBURG AMERIKA
CAPTAIN FRITZ KRUSE
S.S. RESOLUTE
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Leaving Hong Kong 31st March p.m.
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Call Flag: "C", over “ANS. PENNANT.”
Length 787 Feet. Length on Blocks 750 Feet. Depth on Centre of
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BUTTERFIELD & SWIRE,
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that
in the case of the "Canton and send was laid down
and the This new
The facts were stance the vessel "Rhesus" had been builders were successful in overcom held alone to blame. In the Court of ing.
Appeal the other colliding vessel. the During the time this work was be- "Canton," " had been held solely to ing carried out the opportunity was blame, and in the House of Lords both taken to fit exhaust turbo blowers on were held equally to blame, the dam the Buchi system, the blowers being- ages to be horne equally.
provided by Brown-Boveri and Co., of Then came the question of costs, Baden. As a result of this applica- and with regard to the facts there, tion of pressure induction the machin- Lord Philimore said: "Ar to costs. ery naturally developed a much great- it is the ancient rule that where bath ler horse-power with corresponding vessels are V
to blame each party substantial increase in the speed of sheld bear his costs in the Court of the vessel. The working of the first instance. Where one ship has machinery under pressure induction been held to blame. and on appeal by conditions was cuite satisfactory, the the owners of that ship, both are held engines running smoothly throughout to blame, the old practice was, in spite the trials.
FRIDAY, MARCH 22,
1929
CANADIAN
PACIFIC
A DELIGHTFUL SEA TRIP" OVER THE EASTER HOLIDAYS.
HONGKONG. TO MANILA
& RETUR
S.S. "EMPRESS OF FRANCE"
Leave HONG KONG 5 P.M. MARCH 29th. Arrive MANILA 8 A.M. MARCH 31st. Leave MANILA 4 P.M. APRIL -5th. Arrive HONG KONG 7 A.M. APRIL 7th.
FARE FOR RETURN TRIP H.K.$150.00 1st CLASS
H.K.$100.00 2nd CLASS
"
CANADIAN PACIFIC EXPRESS
TRAVELLERS CHEQUES PAYABLE THE WORLD OVER.
THE SAFEST AND MOST CONVENIENT WAY TO CARRY FUNDS.
Passenger Department: Freight and Express
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Cables: "GACANPAC.” Cables: "NAUTILUS."
BRITISH WUCHOW LINE
The Sai Kong (or the West River) s the third largest river in the Chin- Republic and sreand only to the Yangtsac in importance. This magni- cent trade route was opened to for- ign truffe in 1897, but how many Foreigners travel on this important waterway? The scenery along the route is beautiful. We recommend it Lord Phillimore dealt with the cases Steamship Line Round-the-World Ser-hort and economical holiday.
to any person who wishes to spend a where a distinction had been nade on vice advice that that steamer is ex- the facts, and the costs had been die-pected to arrive in Hong Kong at noon tributed between the parties, and used to-morrow.
Of martial success, each party should bear their costs of appeal; and this rule was adopted by the Court of Apel when it first began to func- tion under the Jahenture Acts."
A Distinction
MOVEMENTS OF STEAMERS
Radio advices received from the "President Johnson" of the Dollar
.s.
these words: "I would recommend Projected arrivals at and departures your Lordships not to interfere with from Hong Kong of steamers under
this settled rule of practice and to
to the management of the Bank Line, hold that there should bo
bo no costa
osta Ltd., are as follows:- either the Admiralty Division or
in the Court of Appeal, and I think that this should also be the Tale in your Lordships' House when the pellant secks for a total
when the ap
raversal and
the result in your Lordships' opinion
I
Arrivals et Hong Kong
S.S. "City of Khias" from New York via Suez, March 25.
The s.s. City of Glasgow". from Europe, April 17,
The ss. Glenbank" from New York
is that both vessels are to blame." iz Fanama, April 22.
think when the matter is closely York via Panama, April 26.
The s.s. "Oudiebank" from New considered, the observations there do
not interfere with what is condeded
The as. "City of Newcastle" from
e be the practice generally followed New York via Stez, May 1.
in this Division and accepted in the
Court of Appeal, that where one of and UK., March 28,
the parties in
Departures From Hong Kong The s. "City of Khios" for Manila an appeal, where there & finding of
The 8.3. both to blame, has Singapore and Europe, April C.,
"City of Khartoum" for succeeded, then on appeal the costs will follow the event.
The s.s. "City of Glasgow" for
Japan, April 18.
The matter does not rest upon mere Shanghai and convenience or practice here because South Africa, April 18.
I find in two well-known cases, in the
The ss. "Tinhow" for Saigon and
The 2.s. "Glenbank" for Haiphong,
case of the "Lebanozi," 14 App. Cas., April 26.
670, the House of Lords came to a
conclusion which warranted the course and Chinwangtao, April 27.
The .8. "Comliebank" for Shanghai usually taken here. Before Sir James
MARCH-APRIL SAILINGS
DEPARTURE HOURS:
Hong Kong 5.30 p.m. Wuchow 2.00 p.m.? S.S. "TAI BING"
[1,068 tons-Capt. O. B. Wilks.]
MARCH.
PRI.
22nd
WED.
27th
APRIL
MON
1st
WED.
17th
SUN. FRI.
7th
MON. . 22nd
12th
SUN.
28th
5.8. TAI MING" 1649 tons-Capt. G. J. Spink.] MARCH. MON-25th-8AT. 30th
APRIL THURS. 4th SAT. 20th TUES. 9th THURS. 25th MON. 15th TUES. 30th For information apply to-
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Hanner the "Lebanon" had been held pore and U.K. May 9.
The sa. "City of Delhi" for Singa- alone to blame. In the Court of Ap- peal that judgment had been affirmed, and in the House of Lords both ves- aels were held equally to blame held equally to blame a matters then stood --because it was before the Maritime Conventions Act--and the respondents were ordered to pay costs in the House of
Lords
and the Appeal Court. Oller. Case There is an older case in Swabey's Admiralty Cases. The Privy Council, which in those days was well known to be the Court of Appeal in Admiralty jurisdiction, in the exercise of its powers, ordered costs upon the same principle. The appellant there had been found in the first instance solely to blame. The finding of the Court of Appeal was that both werc to blame and damages should be divided, but the appellant got the caste
the
appeal.
of
I mention these authorities because it is undesirable that the practice re- cognised here should be supposed to be in doubt because of an observation which does not arise in the immadi- ate issue the question here. Cases of equal authority with the "Canton"" slow clearly that the matter
is under the control of the Court, and
although
it isquo,, as Mr. Holman pointed out, only a small amount was involved in the success in the appeal, the ap pellant proved to be right on his ap- peal, and had substantial grounds of appealing, and it seems: to me the appellant ought to have the costs of the appeal.
NOTABLE TANKERS
The part played by pumps la an nil tanker is an essential one, and it is evidence of the popularity of the Cargo oil pumps manufactured by Messrs. Hayward, Tyler and Co., Ltd., that within a year 828 tankero have been so fitted. In a list recently pub- ished it is interesting to note the great internationalism of the H.T. cargo oil pump. Owners all over the world have these vital auxiliaries ft- ted in their vessels.
ELLERMAN
AGENTS FOR
& BUCKNALL S.S. CO., LTD.
SAILINGS SUBJECT TO ALTERATION WITHOUT NOTICE.
UNITED KINGDOM & CONTINENT
S.S. “CITY OF KHARTOUM” London, Rotterdam, Amsterdam & Hamburg S.S. "CITY OF DELHI"..... Loadon,, Rotterdam, Amsterdam & Hamburg S.S. “CITY OF GLASGOW” London, Rotterdam, Amsterdam & Hamburg
'NEW YORK, BOSTON, & BALTIMORE
S.S. “CITY OF LILLE”
vià Suez Canal
ALSO AGENTS FOR
ELLERMAN LINE)
.13th April. 9th May. 10th June.
AMERICAN & MANCHURIAN LINE
17th May.
WEIR & CO.
ANDREW W
SERVICES TO "
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.15th April.
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