TUESDAY,
TUESDAY, MAY 21, 1929.
P.&O.-British India Apcar and
Eastern & Australian Lines
(COMPANIES incorporated in ENGLAND). MAIL AND PASSENGER STEAMERS.
TAKING CARGO FOR
STRAITS, JAVA, BURMA, CEYLON, INDIA, PERSIAN GULF, WEST INDIES, MAURITIUS, EAST AND SOUTH AFRICA, AUSTRALASIA, INCLUDING NEW ZEALAND AND QUEENSLAND PORTS, AND RED SEA, EGYPT, CONSTANTINOPLE. GREECE, LEVANTINE PORTS, EUROPE, &c.
PENINSULAR & ORIENTAL FORTNIGHTLY DIRECT ROYAL MAIL STEAMERS.
(Under Contract with H.M. Government.)
Destination
Marseilles, London, Antwerp, Rotter-
Jam & Hamburg.
S. 9.
Tons
From Hong lanh About
MOREA
*LAHORE
DELTA
"JEYPORE
10,952 | 25th May
Nond 6,152 1st June
8.007 | Bch June 5,318 15th June
Bombay, Marseilles & London,
RAJPUTANA
*PERIM
16,568 22nd June
7,048
99th
Jund
9,005 $31.9 July 6,715 9th July
KASHGAR *MIRZAPORE
- Garge only.
Marseilles, Leblon & Hull.
Marseilles, London, Antwerp, Rotter-
dam and Hamburg.
Bombay, Marseilles & London.
Museilles. L'don, Antwerp & R'dam
& Hamburg.
Marseilles, London & Huil.
Straits, Colombo & Bombay.
Frequent connection from Port Said for Passengers and Cargo to Constantinople, Pireaus, Saiyrna, and other Levant Ports by steamers of the Khedival Mail Steamship Co...
BRITISH INDIA-APCAR SAILINGS.
TALAMBA
TALMA
SANTHIA TAKADA
3,019 25th May 10,000 12th June 7,754 4th July | 5,919 13ih July
Singapore, Penang & Calcutta. Singapore, Penang & Calcatta,
Singapore, Penang & Calcutta. Singapore, Penang & Calcutta.
B1. Apcar Line steamers have excellent accommodation for 1st and 2nd class passengers. All steamers are filled with wireless and carry a qualified surgeon.
EASTERN & AUSTRALIAN SAILINGS (South).
†TANDA
ST. ALKANS
6,956 1 May 1 4,500 | 5th
ARAFURA ❘6,000 TANDA
July Manila, Sandakan, Thursday Island, Townsville, Brisbane, Sydney & Melbourne.
2nd Aug. 6,956 30th Aug. ST. ALBANS 4,500 4 Oct.
Calls Iloilo & Carries Orchestra.
Regular monthly sailings from Hong Kong to Japan and Hong Kong to Australia.
The E. & A. S.S. Co., Ltd., steamers will also call at Shanghai, Iloilo, Cebu, Kolambugan. Tawan, Tinum, Darwin, or other ports en route as in- ducement offers.
Frequent connections from Australia with the following:-
The Usion S.S. Company's steamers to the United Kingdom via New Zealand, Vancouver, San Francisco, ete.
The P. & O, Royal Mail steamers to London via Suez Canal. The P. & O. Branch Service of steamers to London via the Cape. The New Zealand Shipping Company's steamers for Southampton and London vin Panama Canal.
DEMURRAGE
CHARTER PARTY CLAUSES
JUDGE ON AMBIGUITY
THE CHINA MAIL,
The need of clarity in charter-parly stipulations and the kelihood that adverse inference. would be drawn from its 'absence was the point em- phasised in, and indeed the basis of Mr. Justice Branson's decision of the special case submitted to him in the King's Bench Division, in the action Sir R. Ropner and Co., Ltd., against W. S. Partridge and Co., on a pro- blem arising out of the common form of the Welsh Coal Charter.
The shipowners chartered a num- ber of vessels to the charterers to bring coal from America during the coal strike of 1928, and they said the charter-party provided that
if the demur loading time was exceeded, rage was to be paid on
on a calculation which began 48 hours after the notice of ship's 'readiness, or
such earlier time as leading began, but that the period for calculating, on
the other hand, despatch began to
"Despatch in loading (if any) at the rate of three cents per net regis- ter ton per running day or pro rata for bart thereof, No dispatch to be paid on the 48-hours free time,"
Emphasis was laid on the words at the rid of the first paragraph,
"unless commenced earlier."
The arbitrator found for the char- terers, who said 'money was due to them on their Interpretation. The ahipowners' construction of the char- ter-party clause would have put the shipowners in funds. The charterers contended for the same method of calculation for despatch as for de- murrage.
Despatch money 03 a series of shipments of coal cargoes was the question, and the umpire stated the special case under Section 7 of the Arbitration Act of 1889. The ship- owners were Sir R. Ropner and Co., Ltd., of West Hartlepool, and the charterers were a London firm.
Counsel arguing the matter were Mr. J. Rowlatt for the shipowners, instructed by Messrs. Botterell, Roche And
Hartlepool Temperley, West (London agents Messrs. Botterell and Roche), and for the charterers Mr. J. G. Trapnell, instructed by Messrs. Holman, Fenwick and Willan.
Leland H. Ross (inset), owner of the New York Yacht Club schooner "Nomad," found drifting off Cepe May, NJ, was one of the four men found helpless aboard the battered vessel after a bitter battle with a stormy sea in which the captain, John Schofield, was lost overboard. They set out from Charleston, N.C., bound to New York, but run into nine days of continous storm, which crippled them, when the engines (shown above) failed them. Thoroughly exhausted from their battle for their lives, they drifted for six more days before being found by Coast Guards and being brought to Philadelphia.
count from the identical moment that acting began. The answer of the charterers was that the charter-party did not say that lay-time was to ran from the moment of notice of readi- ness to load, but said something else.
It all turned on the true construction
of a clause which appeared in a num-
ber of charter-parties of the Cham- bar of Shipping Welsh Coal Charter,
1396,
As Umpire
Mr. Rowlatt submitted that for the
same ealculation must be adopted for each case.
If it had ban intended to distin- guish between the ease of demurrage and that of dispatel mare clear lan- guage would have been expected. It would have been quite simple to say that as regarded dispatch the lay- days were to run from the time of giving the noties. The award must therefore be confrmcd.
The charterets were given Judg. ment and their costs
1
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FOR CANADA
MORE LARGE PARTIES OF FARM- WORKERS ON C.P. LINERS
Over 270 young men will shortly
be leaving for Canada on Canadian Pacific liners to take up assured farm work. For the past few weeks they have been in training at one of the several Ministry of Labour Farm Training Centres which are establish- ed in different parts of the country for the purpose of preparing young men for farm work in the British Dominions. On reaching Canada they will be sent to Winnipeg and other
centres, and placed frore there in positivus on
on farms, where they will be given fall board and lodging and paid the current wages.
The first two parties left recently. One party sailed on the "Melita" from Glasgow. The other sailed in the "Montrose," from Liverpool, and eonsisted of 80 men; 17 will join the Hiner when she calls at Cardiff. The third and largest party of 112 man will it from Liverpool, on the "Duchess of Richmond."
DOYEN OF STEAM YACHTS
To be wrecked, re-floated, repaired and re-commissioned has been the recent history of a Thornycroft steam yacht built 33 years ago for service on Lake Genova.
She was built for a wealthy Ger- man owner and sent.overland in ser- Eurpose of dispatch money, the lay time must be reckoned from the tions, where she, for many years, by her time when loading was actually be attracted great attention gun, and the charter-party must be graceful lines and high speed. regarded as not containing the pre-chased by a wealthy Oriental noble- About a year ago she was pur- vision as to 48 hours, which was baly
Mr.
rocks, where she lay badly heled and waterlogged.
of use for computing demurrage and man, but not very long afterwards adrift from her moorings dur- broke was not applicable to dispatch.
ining one of the storms which rage Trapnell submitted that effect the shipowners wanted to say time to time; was driven on to the
on the Swiss furiously on
Jakes from that lay time should run from the moment of notice of readiness to After in arbitration the dispute load, but the contract did not say so. was referred to Sir Rober: Aske, who acted as umpire. The clause
"Not Clear" which the controversy arose was con- Mr. Justice Branson said the point tained in paragraph 3, and read as to his mind was not clear.
The follows: May Shanghai, Moji, Kobe & Česko.
phrasing of the clause was- a little The cargo
to be loaded Shanghai, Kobe & Yokohama.
bailing. at the
It arose on a case stated originally christened, must surely be average rate of 1,500 tons per day, upon a number of charter-parties, all the oldest private steam yacht in the
commencing 48 hours after
be regarded as a of which were similar in form so far world, and must as it
tribute it affected that case.
to John The ques-wonderful
SAILINGS TO SHANGHAI & JAPAN.
*GURNA
£,248 23rd RAJPUTANA 16,568 24th
*ROSSINGTON
COURT
ST. ALBANS
SANTHIA KASHGAR
*TILSINGTON
COURT
"MIRZAPORE *ALIPORE TAKADA KHIVA
KHYBER
*KIDDERPORE
May
S'hai, Moji, Kobe & Yhama. Moji, Kobe, Osaka & Yokohama, Amny. Moji, Kobe, Y'hana & Osaka. Shanghai, Moji, Kobe & Yokohama.
25th May 4.500 4th June 7,754 5th June 2,005 7th June 10th June
Shanghai, Moji, Kobe & Yokohama: 6,715 10th June Shanghai, Maji & Kobe. 5,2719th June Shanghai, Moji & Kobe. 6,919 21st Juno | Amoy, Moji, Kobe & Osaka. 9,185 21st June | Shanghai, Kobs & Yokohama. 9,314 5th July | Shanghai, Moji, Kobe & Yokohama.
6th July Shanghai, Moji & Kobe,
5.954
⚫ Cargo only.
All dates are approvimate ahd sabject to alteration without notice. WIRELESS TELEGRAPHY FITTED ON ALL STEAMERS.
Fassengers for Rangoon must defray their own Hotel expenses at Singapore while awaiting the on-carrying steamer.
All Cabins are fitted with Electric Fans free of charge. Steamers on Fondon and Australian Lines are fitted with Laundries. Parcels measuring not more than 2% ft. x 2 ft. x 1 ft. will be received
at the Company's Office up to Noon on the day previous to sailing.
For further Information, Passage, Freight, Handbooks, etc., apply to:-
MACKINNON, MACKENZIE & CO.,
P. & 0. Building, Connaught Rd. C., Hong Kong.
Agents,
NEW YORK, BOSTON & BALTIMORE,
JOINT SERVICE OF THE....
"BLUE FUNNEL" LINE.
(OCEAN S.S. CO., LTD. & CHINA MUTUAL S.S. CO., LTD.)
AND
AMERICAN & MANCHURIAN LINE. (ELLERMAN & BUCKNALL S.S. CO., LTD.)
SAILINGS FROM HONG KONG.
S.S. "NELEUS"
S.S. "CITY OF MOBILE"
5.S. "MACHAON"
Vis Szez Canal
vis Suez Canal
Vin Suez Canal
5th June. 17th June. Brd July.
on
written notice is given of vessel be- ing completely discharged of inward cargo and ballast in all her holds and ready to load, whether in berth or noi, such notice to be given between the business hours of 9 a.m. and 5 p.m., or p.m. on Saturdays, unless enmmenced earlier.
"If detained longer charterers shall pay demurrage at the following rates:-Ten cents per net register ton per running day or pro rata for part thereof.
HONG KONG TIDE.
The tide table given below has been obtained by aid of the Tide-predicting Machine, which includes 40 contpon- ents for the better prediction of tides, from the result of the analysis of the tidal observations, taken at the Kau- lang tidal observatory under the of Dr. Doberek during the direction years 1887, 1888 and 1889.
The times and heights are given for Kaulung; but they may be used for the Victoria Naval Yard and Aberdeen. the differences being very small.
.
The times of high-and low-water must not be considered to coincide with the times of slack-water and change of current, the two phenoidera being quite distinct..
May 17 to 23, 1929.
DATE HIGH WATER LOWER WATER. Stamford, Et. Standord May
Ht Times
Times
Fri, 17 mm 6:54 | 47 10 28 4.3
4536. 6.9. Sat 19 m 7: 44:9 m 0 2 1-4 66a5.7 9 28 37 Sun, 19 m 7: 21. 613 | m2ð (42.
Steamers proceed via Suez Canal or Panama Canal at Owners' Option. Mon, 20 m 42 5.7 m 1 18 20
Subject to change without notice.
For Freight and particulars apply to:- BUTTERFIELD & SWIRE or THE BANK LINE, LTD., Hong Kong.
· Hong Kong & Canfon: JARDINE, MATHESON & CO., LTD, Canton,
Tues, 21 m 8 * 5 6.1 m. 1; 45 1.3
0 Fa 6.0
244 1.8 WOL 23 ms § 64 m2 11 8.5 662 6.700 9:25 17 9 675 4.7 8. 25 x 1.6
10 48x 4.4 4. 1411
Thur 23
Recer.dy, Lloyda' representative, in collaboration with a local firm, BÚC ceeded in salving the vessel, which has again resumed her Lake cruises. The "Servillana," as the yacht was
tion arose as to the proper construc- Thornycroft & Co., Ltd, who were tion to be placed upon the charter-responsible for her design and con- party in relation to the clause or struction in 1896. clauses which governed the payment of dispatch. might be, as had been suggested, that the difficulty of interpretation arose. from the fact that a printed form of charter-party was adapted to somewhat umusual conditions during the time when Bri- tiah ships were going to the United States bring coal from there while the coal strike was dislocating the supply of coal in Britain.
On the alause in the charter-parties which was in disoute, it was perfect- ly clear that the lay-days began for the purpose of calculating demurrage either 48 hours after written notice pletely discharged, or at such earlier was given of the vessel being com-
time after notice had been given as the loading of the vessel actually commenced. The Arbitrator found in favour of the contention of the char- terers,
and the point for him (the judge) to decide was whether he
was right in so finding, or whether the contention of the owners was pre- ferable. Whichever view one took he thought it was not easy to give the full meaning. to all the
words of these, clauses.
But, upon the whole, he came to the conclusion that the Arbitrator was right. His view was supported by this: That one did not have to apply a different calulation to lay- days for the purposes of demurrage, and to lay-days for the purposes of dispatch. He was impressed with the fact that if one were adopt the contention of the owners, it was very difficult Indeed, in fact it was impes- sible, to read those two clauses to- gether without reading in the 48 hours when ane was dealing with do- murrage, and leaving them out when one was dealing with dispatch. the whole, he had come to the con- clusion that the award of the Ar- bitrator was right and must be up- held. The saipowners contended that when calculating demurrago the charterers must have the advantage of 48 hours after notice, but that when calculating dispatch the time must run from the giving of notice. The charterers contended that the
On
PRESIDENT LINER SAILINGS
WEEKLY TRANS-PACIFIC SERVICE
Ta San Francisco and
Los Angeles.
The Sunshine Belt via
Hondlalu
To Seattle and Victoria
The Short, Straight Route
ta America Fortnightly sailings on Tuesdays Fortnightly sailings on Tuesdays;
a.11.
a.m.
Pres,, Grant ....Tues June 4 Pres. Jefferson .Tpes.. May 26 Pres. Cleveland Tues., June 18 Pres. Lincoln.. ..Tues. June 11 Pres. Pierce Tues., July 2 Pres. Madison..Tues., June 25 Pros. Tafi
Tues., July 18 Pres. Jackson..Tues., July · 0
£120, £112 Special through rates to Europe, vin
United States, Direct connections with all Atlantic lines. Choice of rail lines across United States and Canada, liberal stop-over privileges for sight-seeing.
EUROPE AND NEW YORK DIRECT
'ROUND THE WORLD. Fortnightly sailing on Sunday via Manila, Straits, Colombo, Suez Canal, Alexandra, Naples, Genoa, Marseilles, New York and Boston.
2.1.
a.m.
Pres. Polk....San, June 2, 8 Pres. Johnson .Sun. July 14, 8 Fres, Adams ..Sun. June 16, 8 Pres. Monroe ..Sen. July 28, 8 Pres. Harrison Sun. June 30, 8 Pres. Wilson Sun. Aug. 11, 8
TO MANILA
Pres. Jefferson May 21 6 p.m. Pres. Cleveland June 86 p.m. Prez. Grant May 25:6 p.m. Pres. Madison'..June 18 8 pm. Pres. Lincoln June 4.6 p.m. Pres. Pierce...Jane 22 6 p.m.. For Bookings, Passenger and Freight Information apply to
Telephone Central 2477, 2478 and 795.
Cable Address "Pollar." CANTON BRANCH:-4, SHA KEE STREET,
American Mail Line
and
Dollar Steamship Line
ANNOUNCEMENT. Commencing May 20th. S.S. CHUEN CHOW will, until further notice, sail From Hong Kong at 2.30 p.m. Arriving Macao at 6.00 p.m.
DAILY EXCEPT SUNDAYS. Freight and Passage apply:-
CHUEN ON S.B. CO., LTD. 4. Connaught Rd. C.
Tel. C. 6061.
THE KWONG HIP LUNG CO. LTD.
ENGINEERS and SHIPBUILDERS, BOILER MAKERS, DRASS and TRON. FOUNDERS. All work done in this establishment is guaranteed. We have over thirty years' experience. We own two Slipways and esa accommodate any craft of 200 feet long,
Town Office: 64, Connaught Rund Central, Hong Kong, Tel. Central No. 459. Stopyard: Sham-Sui-Po, Kowloon, Hong Kong. Tel. Kowloon Na, 9, Estimates furnished on application.
Hong Kong, April 1, 1924.
3 PRESENTATIONS'
MARINE SUPERINTENDENT'S
RETIREMENT
Captain H. Wils, of the General Steam Navigation Company, received three presentations (on one day re- ently) on retiring from the position of marine superintendent of the com- pany,
The presentations, which included zilver and a wireless set, were-made by Mr. J. K. John, secretary of the company, on behalf of the marine department, the chief office staff, and the engineering department.
Captain Wills is not leaving the
company altogether, are being retained in. capacity.
as his services an advisory
PASSENGER LIST.
ARRIVALS.
Per 3.5. "President McKinley" from Manila:-
Guelde
A. Bartchy, William Butterfield, A. Bowron, Atherton Clark, Mrs. Charlotte Carattino, Mrs. Elsie Harrington, R. Jemison, Manuel Ledesme, Mrs. Molly D. Lee, Ho Toy So, Pei Chee Tang.
THE HONGKONG & WHAMPOA DOCK CO., LTD.
TELEGRAPHIC ADDRESS: “MANIFESTO” HONGKONG.
Codes Used: A1, A.B.C. Fifth Edition; Engineering: First and Second Edition;
Western Union and Walkios,
DOCK OWNERS, SHIP BUILDERS, MARINE AND LAND ENGINEERS, BOILER
MAKERS, IRON, STEEL, AND BRASS FOUNDERS, FORGE MASTERS,
ELECTRICIANS.
M.S.
SUGBO
Single screw steel passenger and cargo motor ship. Dimensions:- 154' 0" B.P. x 28′ 0o, Mix 11′ 6′′ Md.; D.W. 470 tons; B.H.P. 360;. Speed 10.4 knots. Built and machinery installed by The Hong Kong & Whampoa Dock Co., Ltd. to the order of La Naviera - Fili- pina Inc., Cebu for Philippine coasting service.
Please address enquiries to the Chief Manager:
R. M. DYER, B.Sc., MIN.A., Kowloon Dock, Hong Kong.