1927-11-03 — Page 5

THURSDAY, NOVEMBER

P. & O.-British India Apcar and

Eastern & Australian Lines®

(COMPANIES incorporated in ENGLAND). MAIL AND PASSENGER STEAMERS.

CARGO FOR TAKING 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, &e.

PENINSULAR & ORIENTAL FORTNIGHTLY DIRECT ROYAL MAIL STEAMERS. (Under Contract with H.M. Government.)

LAHORE

DELTA

MACEDONIA 11,120

S. 3.

Топа

From Hongkong About

6,252 8,097

MONGOLIA

10,504

MANTUA

KHIVA KASHGAR

MOREA KALYAN?

DEVANHA

MALWA

8th Nov. 8th Nov. 12th Nov. 26th Nov. 10,040 10th Dec. 9,135 17th Dec. 9,006 24th Dec.

1928 10.953 7th Jan 9,144 7th Jan. 8,155 21st Jan, 10,9861 4th Feb. Feb.

ard Mar. 10th Mar

KHYBER

MACEDONIA

• KHIVA

9,114 18th 11,120 0.136 KASHMIR 1 8,085 17th Mar. 110,948 31st Mar.

MANTUA

+

* Passengers to Singapore only.

Destination

Marsellies and London Straits & Bombay Marseilles & London Marseilles & London Marseilles and London Straits & Bombay Marseilles, London & Antwerp

Marseilles & London Straits & Bombay

Marseilles, London & Antwerp

larsclites & London.

Marseilles, London & Antwerp Marseilles & London

Marseilles, London & Antworp Marseilles, London & Antwerp Marsellles & London

·

Frequent connection from Port Said for Passengers and Cargo to

Khedival Mail Steamship Co.

BRITISH_INDIA-APCAR SAILINGS.

TALAMBA SANTHIA TALMA

8.018 18th Nov. Bingapore, Fenang & Calcutta 7,754 10th Nov. Singapore, Penang & Calcutta 110,000 4th Dec. Singapore, Penang & Calcutta

:

EASTERN & AUSTRALIAN SAILINGS (South)

INCREASING WITH DEVELOP

***MENT OF SHIPS,

"

JUDGE FINDS DIFFICULTIES THICKEN.

UNSEAWORTHINESS. deck anglebar and was but half court and I have to consider that f

homo. How and when that hap, as best as 'I am able. I think if Pened I am not attempting to delapportion one-fourth cide... There are some priede în perila of the sea 1. shall not have the recent history of the vessel made too small an apportionment about which 1 am not informed, in favour of the defendants; and I and. I'merely find, that as a fact, find, therefore, three-fourths of the In reference to these brackets, Idamage was due to the items of un- accept Captain Cockerell's evidence seaworthiness and one-fourth to Said the President of the Ad- that the rivets were slack and did perlls of the sea.*** miralty Court, Lord Merrivale, in not properly fill the hole because With regard to the counterclaim, giving judgment in the case of the they were not properly hardened it is alleged there was delay of a ateamer Hannovig Brothers: The up. The result was that there was good many days in the discharge question of what is and what is not access of water at two points in of the cargo. Evidence was given 'unseaworthiness advances with the the No 2 hatchway. The next that the ship might have been dis- development of ships.. The judge question is the stowage of bulk charged quicker than she was, but found that the Hannevig Brothers grain. The enrgo 'tween decks I am satisfied on the evidence that was seaworthy in the general sense, ought to have been loaded in bags, the rate of discharge was set by in that she got through a bad voy, but by some unexplained at of cir- the persond'acting on behalf of the age safely enough with cargo in cumstances, and despite the au-ship that the ship's clerk, the per- tact. But he found that the state thority in Montreal whose duty it son acting on behalf of the ship, of a rivet was unseaworthiness, be- was to see this was done, it was act and acquiesced, in the rate of cause rust had forced up a plate loaded in bags, but underlying the discharge and it would be impos and so displaced the rivat, and that bags was some. 12 inches of wheat sible to admit delay. In the face of was a defect which might have been in bulk.

such a thing as that. The point discovered. He found other rivets

appears to be an afterthought. [ not properly driven home. The It is to entirely unexplained that The question was whether the question whether bulk grain, whore Mr. Le Quesne suggested that I difficulties or damage could have all should have been in bags, was ought to presume that it had never been diminished, as suggested, had unseaworthiness he did not decide, been loaded in this condition. I the ship been unloaded more quick- being content to find it had stow would if I could, but there was not

The counter-claim fall be-

age:

a vestige of explanation, and it cause of that inherent weakness, He had to decide whether what never was explained to me how this and there will be judgment for the was found in another particular 12 inches of bulle wheat were plaintiffs on their claim and on the would be considered unseaworthi- stowed with wheat in bags above counterclaim, and there will be a ness in 1924, and he held that as it. Now, the presence of that bulk reference subject to the apportion- the hatchways did not exclude wheat had the effect of stopping ment that the judgment on the water that was unseaworthiness, some of the drainage, and cronted various particulars indicates. although those in charge of the ves-such a sloppy condition of things sel might so have secured the tar-that the men in discharging the paulin that water would have bean cargo found themselves standing in excluded.

water, and the question arose as to

"It Was Bad Stowage."

PASSENGER LIST.

DEPARTURES. The case proceeded upon these whether the stowage and the pre-to Manila, en November 2 were:

Per the "Empress of Asia”. lines. All the defects were small sence of that wheat in bulk, where

Mrs. B. S. Anderson, Mrs. S. W. defects, and the voyage was stormy, it would probably choke the drains, In the end the judge found wholly was unstaworthiness at the time Anding, Miss D. Bewley, Messrs.

shipowners. against the

The the vessel started. It was at any

B. Bolmonte, L. J. Borja, A. action was brought by the owners rate bad stowage, and I do not in Burgen, Mrs. J. E. Bale, Mrs. E. of 127.740 bushels of wheat convertend to decide this question of un- Craig, Misa M. Craig. Mr. and ed in this vessel from Montreal to|ses worthiness. It was bad stow. Mrs. A. Cameron, Mr. P. V. Hull in November, · 1924, for age, and as the obligations under Confesor, Miss B. Ceisenberger, damages in respect of the condition the Canadian Act, under, which it Mr. and Mrs. J. F. Dow, Messrs. in which some of the cargo was was shipped, excluded any exemp Furth,, Mrs. M. Goolden, Messrs. H. L. Doe. 'H.' E. Dalle,' 'Mrs. E. delivered.

tion from Hability for any, cause Counter-Claim For Delay, such as bad stowage, it is unneces. E. J. Grace, H. Hunter, Mr. and The vessel sailed on November 12 Bary to decide further if the wheat Mrs. F. S. Harrison, Mrs. J. E and arrived in Hull on December 5. was damaged by that bad stowage, Haines, Mrs. J. P. Hodges, Mesara. One of the complaints was that the and the water came from the bulk R. S. K. Irvine, E. L. Jorgenson, grain and by Inaltration, for the Major H. G. Lee-Warner, Mr. W. timber hatches in all holds were lower part of the cargo aturated K. Lennox, Bliss T. T. Latseva, not covered with Burlap, and wheat, the bags above it.

Messrs. D. Menchaca, P. E. Miller, passed through to the bilges; and

In the No. 8 hold it was said W. A. la Mountain, W. B. Middle- other, that in the 'tween deck was there was damage by reason of the ton, Mr. and Mra. M. V. Roltler, bulk wheat 10 Inches high, with fact that the hatch battens did not Dr. and Mrs. J. del Rosario, Miss wheat in bags wrongly stowed on fit the plating and coaming, and left T. Sareldaon, Mr. E. Stráin, Mr. top without damage.

+

At the cen-

L

tre part of the coaming of No. 2 open apsces through, which water and Mra. F. Sarmianto, Miss C. it was said a rivet was missing, and penetrated; water did, in fact, en- Sarmianto, Mrs. P. Seymour, Miss. in question. W. R. Smith, Mr. R. Sweetland, on the port side of that hold two ter the open spaces

CONSIGNEES.

From LEITH, MIDDLESBRO,'' ANTWERP LONDON, STRAITS & PHILIPPINES.

Constantinople, Pireaus, Smyrna. and other Levant Ports by steamers of the brackets were defective. The ship. The question then arose as to Mrs. G. B. Sherwood and infant, owners replied that the bill of whether that was unseaworthiness Miss E. Wilson, Miss C. A. Wheeler, lading exceptions absolved them by reason of the obligation on the Mrs. L. J. Webb, and Master W. C.

Webb. from the consequences of latent de-owners to provide, by proper fect, and counter-claimed for un small liner, a reasonably flat sur battens or the Introduction of a loading delay.

face. against which the tarpaulin: In the course of his judgment, which was provided for the exclu-THE BEN LINE STEAMERS, LTD. Lord Merrivale said a great many questions had been raised and sion of the water would lay flush; questions of unseaworthiness and that was a question of some nicety, because unseaworthiness was not other matters had prolonged the in- absolute. quiry, but in the legal difficulties of the case counsel had systematically is not unseaworthiness advances The question of what is and what gone through the problems serlatim with the development of ships. I with the attention and skill that he had to consider. on a difference of Consignees of Cargo are hereby, expected. The conflict of evidence

opinion between the experts, who- necessarily meant that a good deal ther in November, 1924, a veszel informed that all Goods are being of consideration had to be given to could be said to be reasonably sen landed, at their risk into the hazar- all the matter. practical to deal with the questions open waterway, and I come to the loon Wharf and. Godown Co., Ltd., His Lordship went on:-It is worthy where the hatchways would dous and/or extra hazardous Go- not exclude water if there was an downs of The Hongkong and Kow- in the order in which counsel dealt conclusion that a vessel so provided whence, and/or from the wharves, with them. They are all of them was unseaworthy in that particular, delivery may be obtained.

No claims will be admitted after

TANDA ST. ALBANS

ARAFURA

6,956 4,500

6,000

2nd Dec. Manila, Sandakan, Thursday. Island, 30th Dec.

Townsville, Brisbane, Sydney, & 1928 27th Jan. Melbourne, Regular monthly sallings from Hongkong to Japan and Hongkong to Australia.

The E. & A. S.S. Co., Ltd., steamers will also call at Shanghal, Hollo, Cebu, Kolambugan, Tawao, Timor, Darwin, or other ports en route as Inducement

oxers.

Frequent connections from Australia' with the following:-

THE Steamship

"BENREOCH"

The Union S.S. Company's steamers to the United Kingdom vis New questions as to damage to a cargo although it might be true that those Zealand, Vancouver, San Francisco, etc.

of wheat in transit from Montreal in charge of the vessel might have the goods have left the godowns,

The P. & O. Royal Mail steamers to London via Suez Canal,

The P. & O. Branch Sarvice of steamers to London vis the Cape,

to Hull, during which the Hannevig taken such exceptional steps that and all goods remaining undeliver Brothers experienced bad weather, through the incursion of sea water and the main question is whether

The New Zealand Shipping Company's steamers for Southampton and There was damage to the Whent they could have secured the tarpauad after, the 4th November, 1927,

London via Panama Canal,

TANDA

TALMA

SAILINGS TO SHANGHAI & JAPAN

6,956❘ 8th Nov. 10,000 8th Nov. ,10,940 11th Nov. 0,135 19th Nov. 9,005

MANTUA

KHIVA

KASHGAR

20th Nov,

ST. ALBANS

4,500

Oth Dec

MOREA

10,953

9th Dec.

KALYAN

9,144

13th Dec.

DEVANGA

8,155

24th

Dec.

9,114

1928 7th

Jan. 21s1 Jan.

0,135

11,120

MALWA KHYBER KHIVA MACEDONIA KASHMIR KALYAN MANTUA MONGOLIA MOREA

KASHGAR MALWA DEVANHA

10.686

28th Jan.

4th Feb. 8,985 18th Feb. 9.744 18th Feb. 10,946 2nd Mar. 110,504 17th Mar € 10,063 30th Mar.

9,006 18th April- 10,986 27th April 18,155 11th May

Moji, Kobe, Osaka & Yokohama S'hai, Moji, Kobe, Yokohama & Osaka Shanghai, Moji, Kobe & Yokohama Shanghai, Moj, Kobe & Yokohamu Shanghai, Moji, Kobe & Yokohama Moji, Kobe, Osaka & Yokohams Shanghai, Moll, Kobe 4 Yokobama Shanghai, Moji, Eobe & Yokohama Shanghal, Mojl, Kohe & Yokohama

Shanghal, Moji, Kobe & Yokohama Shanghal, Moji, Kobe & Yokohama Shanghai, Moji & Kobe

Shanghai, Sfoji, Kobe & Yokohama Shanghai, Mojt, Kobe & Yokohama Shanghai, Moji & Kobe.

Shanghai, Moli, Kobe & Tokohama. Shanghai, Moji, Kobe & Yokohama. Shanghai, Moji, Kobe & Yokohama, Shanghal, Moll, Kobe & Yokohama. Shanghai, Moll, Kobe & Yokohama Shanghai, Moff, Kaba & Yokohama

All dates are approximate and subject to alteration without notice. WIRELESS TELEGRAPHY FITTED ON ALL STEAMERS.

ment.

A

will be subject to rent..

in so as to prevent it. It is not special provision, becaus there

All claims against, the steamer WOR an obvious provision which shipowners ought to have taken to must be presented, to the Under provide for such cases, and in that signadon or before the 18th condition I find the ship was un-November, 1927, or they will not be

recognized.

seaworthy.

it was due to perile of the sea or what is technically called unsca worthiness. Unseaworthiness in the broad and popular sense is not the question here because the ves

Then there is the question about All broken, chafed, and damaged sel made her voyage from Montreal the limbers.. The materiality of it goods are to be left in the Go- to Hull in the bad weather of

was this-that the loose grain, the downs, where they will be examined bad November passage, and came bulk grain, having found fis way on the 4th November, 1927, at 10 through safe and sound, with her by various means from the various a.m. crew and her cargo intact as to decks past the limbers, got into the N Fire Insurance has been quantity, and with only minor bilges, and did damage. There effected. damage to the vessel and the equip were contrary opinions between Bills of Lading will be counter-

the surveyors to whether they signed by Insuficiently Secured Rivet.

were properly fitted and whether in GIBB, LIVINGSTON & CO., LTD., The first allegation of the plain-addition to the lathes they should

Agents. tiffa was that there was unses have had burlap... The condict on. worthiness in the equipment of the that point has been affected by the

Hong Kong, 28th October, 1927. No. 2 hold by reason of an in-fact that it had never arisen until sufficiently secured rivet in. the this case, arose, and but for that deck at the fore and aft bulkhead reason, and had it been a fairly and by reason of the condition of open question, 1 should have had to some brackets which had been at pay some attention to it. In the tached to the coaming and deck to conflict between the expert, one of straighten the coaming and to sup them admitted it was necessary, port it against the deck.

and that so weakens the opinion now presented, and I am bound to

With regard to these allegations of damage the first is as to the de-

Passengers for Rangoon must defray their own Hotel' expenses atfective rivet, and I find as a fact say that, looking at the 'matter "on"

Bingapore while awaiting the on-carrying steamer.

All Cabins are fitted with Electric Fins free of charge.

szmers on London and Australian Lines are fitted with Laundries. Farcels 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 axiling.

For further information, Passage Freights, Handbooks,

etc, apply to:

MACKINNON, MACKENZIE & CO. K

P: &0. Building, Connaught Rd. C., HONGKONG, -PN Agents.

BOSTON, NEW YORK & BALTIMORE, cident of unseaworthiness for that the breaches here were not, due

JOINT SERVICE OF THE

"BLUE FUNNEL LINE

(OCEAN S.S. CO, LTD. & CHINÄ MUTUAL B.N. CO., LTD)

AMERICAN & MANCHURIAN LINE

(ELLERMANĪ ♣ BUGENALL 8.S.. CO., LTD.) ^/?!?!

*SAILINGS FROM HONG KONG

(1911) Nov. Disk 4th-Docsi

18th Dec. 88. "CITY OF LAHORE”. Via Bner Catal

29th Dec. Steamers proceed via Buez Canal or Panama Canal at Owners' Option.

Bubject to change without notice.

· 8.8. "CITY OF WELLINGTON Via Suez Canal

„¦‚§B., “PHEMIUS":

B.S. "MACHAON"..

SIWW Via Sacs Canal, JutaVia Suéx Canal.

Für Freight and particolan apply to:

IELD & SWIRE

„Cantoni JARD

ANE LE

a general impression of the expert that the rivet had been seriously evidence I accept the evidence of weakened by the action of rust, and, Captain Cotterell that there should what. Was more immediately have been a burlap as well as the material, that an accumulation of

lathes. That disposes of the ques- rust under the plating had forced tion of unseaworthiness, and there up the deck at an angle of the fore arises another question as to whe and aft bulkhand, and that the ac- thor the damage was due to these cumulation of rust having forced defects or perils of the sea. The up the deck plate, the rivet was ship encountered bad weather on forced out with the result that the voyage, but she di not encoun there was an open access to the ter such bad weather as made it water in the circumstances that pre- unfit for her to sail on her voyage, vailed.

and the condition of the ship on Now whether that was an In her arrival was a strong argument

which the defendants are account to perils of the sea, but to the de able depends upon whether it was fects to which I have referred.............. a latent defect which was not dis- which admitted water into the cargo coverable by the reasonable care quite Irrespective of the extreme and skill of a reasonably careful bad weather. They were the imme- and skilful person. I attended to diate cause of the major part of the the evidence on that subject, and I damage to the cargo, kesken bon entfefied that on a proper survey The Apportionment of Damage. before this cargo was loaded the On the other hand, there was state of, the plate might have been evidence in the ship's log, which discovered; and the condition of the was very carefully kept and about rivat, with regard to its place in which he question was, raised, that the plating there might have been there was displacement of certain ascertained, and I therefore find planks and other displacements that that was an item of unsen which admitted water, and I am worthiness. www.distret satisfied that there was incursion The next question is that of the of water by reason of perils of the bracket supporting the coaming, sex. La question arose in the argu- and I accept the evidence of Cap ment of the case as to whether an tain, Cockerell on that subject. I apportionment of the damage am satisfied that when seen, the should be left for the fol rivet in the forward bracket was decision, but counsel, bedly atted to the coming in that very properly, decided that the ap the bottom rivet had fouled the portimimeaf; should be in to

ર

Gay Music Always

For tiffin, tea, dinner and dancing-to make your voy age even more pleasant than you had hoped, that's why all President Liners of the Dollar Steamship and Amer ican Mail Lines have such excellent orchestras.

The magnificent President Liners are broad of beam and exceptionally steady. All are oil burners, swift express Jadra

The public rooms are luxuriously appointed and inviting.

All staterooms are outside, splendidly furnished and equipped with beds-not berths. Each room has hot and cold running water, also fani, wardrobe, chernos. boules and reading lamps. Private bath and showers in connection with masy rooms perfect the travel comfort of these giant passenger liners, The Cuisine is world famous. The deliciously prepared inous will delight you. And how the orchestra' adds se to your dining.

The decks are spacious," The Glan carlosed Promenade always popular. Deck sports, open air swimming pool, movies, evening dances, everything has been done to make your trip a happy Unexcelled anywhere is the courteous and efficient service accorded you by che traincil, personnel aboard the Presklent Liners.

The great frequency of sailings and the liberal sopover paivileges of the Dollar Steamship and American Mail Lines have made these gladt passenger liners out standingly popular among travelers.

WEEKLY TRANS-PACIFIC· SERVICE TO BAN FRANCISCO and j·

LOS ANGELES

Tha Sunahina Beļs via Honolulu Fornightly isting in Tuesdays Pres-Jeferson..Nov, 6th at 7 a.m. Pres. Lincola Pres. Madison

Pres. Jackson

.Nov. 22nd. .Dec. 6th. .Dec. 20th.

To SEATTLE and VICTORIA -The Short, Straight Routs to simerin

Fortnightly selling on Wednesdays Fres, Grant ................ Nov, 16th. Pres. Cleveland.......Nov. 30th. Pros. Pierce

Dec. 16th, Prea. Talt...

.Dec. 28th.

Special Through Rates to Europe, via Uridbod States £120, £112. Direct connections with all Atlantic fines. Choice of rallway lines across United States and Canada, with liberal stop-over privileges for sight-seeing.

To EUROPE and NEW YORK

ROUND THE WORLD.

Fortnightly salings on Tuckfryn via Manila, Stralia, Calcenbo, for Canal, Alexandria, "Naples, Gación, Mamellos, Boston and New York.

Nov. 8th 6 km. Nov, 22nd 8 mm, .Dec. 6th 8 a.m.

Prek. Hayes Pres. Polk Pres. Adams

Pres. Hayes Pres. Grant Pre Lincoln

Pres. Garfield...Dec. 20th 8 a.m. Pres. Harrison Jan. 3rd 6am, Pres. Monroe.. Jan. 17th 8 a.m.

TO MANILA

Nav, 8th &a.. Nov, 8th 6 p.m. ..Nov. 14th 6 p.m.

.

Pres, Polk ....Nov. 22nd 8 am, Pres. Cleveland.Nov. 22nal 6 p Pres. Madison...Nov. 28th 6 pm.

For Bookinge, Passeriem and Freight Information Apply to Hong Kong and Shanghai Bank Building, Ground Floor

Telephone Central 2477, 2478 and 295

Cable: Address "Dollar", "y"!

Dollar Steamship Line

American Mail Line

THE KWONG HIP LUNG CO., LTD.

ENGINEERS and SHIPBUILDERS, BOILER MAKERS, BRASS and MON FOUNDERS.' 'All work done in this catablishment is guaranteed We have over thirty years' experience:~/We own two Slipways and can accommodate any craft of 200 feet long, long period

Town Office: 64, Connaught Road Central, Hong Kong; Tel, Central No. 6597 Shipyard: Sham-Bul-Fo, Kowloon, Hong Kong....... Tel Kowloon N.'0. Estimates furnished on application,

Hong Kong, April 1, 1934.

THE HONGKONG & WHAMPOA DOCK CO, LTD.

⠀⠀⠀ TELEGRAPHIC ADDRESS; “MANIFESTO” › HONGKONG. Codes Used: A1, A.B.C. Fifth Edition; Engineering: First and Second Edition;

Plant Western Union and

DOCK OWNERS, SHIP BUILDERS, MARINE AND LAND ENGINEERS, BOILER

TI MAKERS, IRON AND BRASS FOUNDERS, FORGE MASTERS

SVRFECTRICIANS”

SS. TAIPING

od 14.77 LHP 1090 D.W. 4215 tenis:

by the Hong

1608 Dock Co., Ltd

Chief

Lean Deck,