1929-02-08 — Page 4

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Sunday, 10th February Noon. Sunday, 17th February Noon.

Thursday, 21st Feb. 10 a.m.

Monday, 25th February.

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SHIPBUILDERS,

SHIP REPAIRERS, BOILER MAKERS, FORGE MASTERS, OXY-ACETYLENE, AND ELECTRIC WELDERS, MECHANICAL, AND ELECTRICAL ENGINEERS.

THE CHINA

MAIL,

WHO'S WHO

COLLISION AT SEA

SHIPPING

SECTION.

PROBLEM OF APPORTION- MENT AND COSTS

ADMIRALTY PROCEDURE

In the case of the two Liver- pool vessels, the 'Monksville" and the "Herculaneum," in collision in Sivansea Bay, reported in "The

on

"Journal of Commerce” December 6. the question of costs was reserved for argument.

As it was a case where blame was apportioned ("Monksville" three-fourths, "Herculaneum" one-fourth), the President's subse quent decision in the Admiralty Court on coats is worth noting by practitioners in the Admiralty Court, for the old rule of costs, in these circumstances, is not being followed to-day, and various and uncertain consequences may fol- low since Mr. Justice Hill, from the modern point of view, review- ed the costs procedure in the

Modica two years ago.

Mr. Noad (for the "Monksville" (found three-fourths to blame) asked the President to follow the principle of making no apportion ment of the costs; Mr. Dunlop, K.C., for the "Herculaneum," said he could not ask the court to give the "Herculaneum" all her costs, but the plaintiffs should be mude to pay at least half of them.

Counsel were, for the plaintiffs, Mr. Lewis Noad and Mr. R. Adams, instructed by Messrs. Charles Lightbound and Co., Liverpool, and for the defendants, Mr. C. Robertson Dunlop, K.C.. and Mr. Alfred T. Bucknill, in- structed by Messrs. Hill, Dicken- son and Co., Liverpool.

The collision was one of those difficult cases, as the President found, of crossing ships and the stand-on rule. There have been three or four such cases of late, and in one of them the Pre- sident reserved his judgment in order to put precisely in writing what he felt was the duty of the ship on which the regulations im- posed duty of action only when the other looked to be incapable of avoiding collision alone.

Mumbles lightship, showing morse lights, in an endeavour to get orders, and did not see the "Herculaneum," and the "Hercti- laneum," which came on at speed, at the last put her engines full ahead. There had been cases where a vessel which had acted as the "Herculaneum" had acted ad been found to blame, though he did not suggest an appeal in the present case. Roanoke, in 1908, lai it down that where a vessel was engaged in a manoeuvre which the other could see, it was

the duty of the other vessel to take action. The "Herculaneum," he submitted, was wrong in hold- ing on, and in attempting at the last moment to cross the bows of the "Monksville."

LATEST CHANGES ON CHINA COAST

MERCANTILE MARINE

Latest changes in the China Coast Marcantile Marine are announced sa follow by "Shipping & Engineer ing":-

Captain W. L. Shian, of the "Chengtu," is on reserve.

Captain J. D. Whyte, from serve, has gone master, "Chengtu.”

Mr. J. R. Forster, second officer, "Sunning," has gone chief officer, "Wuchang."

Mr. T. L Rasmussen, chlof offt-

cer, "Wuchang," is on Home leave. Mr. D. D. Richards, chief officer, "Anking," is on reserve.

Mr. T. B. Low, from reserve, has gone chief officer "Anking."

Mr. A. F. Maginnis, chief officer, "Fatahan," has gone chief officer, "Chekiang."

Mr. D. V. Duncanson, chief offl-

cer, "Cheklang," has gone chief off- cer, "Fatahan."

Mr. G. T. M. Ramsay, second off- cer, "Hulchow," is on reserve.

Captain C. Harris Walker, C. N.

Mr. A. G. Cooke, second officer,

The Judge, in his judgment, said the question was whether the old practice of costs with distri- buted blame, which was an easy Co., from Home leave, is on reserve. practice to apply, should be re- Borted to here, or whether the "Nanning." has gone second officer, more difficult, but, he thought "Tungting."

better practice should rule of Mr. J. N. Daniel, second officer, looking into the finding and being "Tungting," has gone second off- guided by it to an apportionment cer, "Nanning."

of costs. The "Monksville" fail- Mr. H. S. Fairickson, from re- ed in their substantial allegation serve, has gone extra second officer, of facts, and the "Herculaneum" "Shengking." substantially succeeded in their Mr. J. R. Forster, acting chief broad allegation of facts. He had officer, "Sunning," has gone neting to take account of that in con- chief officer, "Wuchang." sidering the incidence of costs. Mr. W. J. Jones, extra second off- Underlying the distribution of cer, "Hein Peking," has gone second blame regard had to be had to officer, "Liangchow." the facts proved by both parties. Mr. D. Needham, second officer, But for that, there would be "Diangchow," has gone extra second grounds for putting the major officer, "Szechuen." part, at any rate, of the costs of the proof of facts on the plaintiffs. He did not propose to do that. but, bearing in mind that the plaintiffs put up an erroneous case, and that on the broad issue of facts they were beaten, and bearing in mind that the "Hercu- laneum" was found to blame in a smaller proportion, he held that the plaintiffs should pay one-third officer, "Whangpu." of the defendant's costs. He de- cide it would be disadvantageous to make a more minute order as to costs.

Mr. J. R. Greig, chief engineer officer, "Wantung," has gone chief engineer, officer, "Chinklang."

Mr. W. Wishart, chief engineer officer, "Chinklang," has gone chief engineer officer, "Ichang.""

Mr. M. M. McNeill, chief engineer officer, "Ichang," is on reserve.

Mr. A. Orr, from Home, has been appointed extra third engineer

FRIDAY, FEBRUARY

CANADIAN

PACIFIC

·SHORTEST AND QUICKEST ROUTE ACROSS THE PACIFIC. TO VICTORIA & VANCOUVER.

17 Daya Hongkong-Vancouver, 14 Days Shanghal-Vancouver. 11 Daya Kobe-Vancouver, 9 Daya Yokohama-Vancouver.

SAILINGS * 1929. ⠀⠀

STEAMERS EMPRESS OF FRANCE

Leave Leave Hong Kong S'hai

Leave Leave Kobe

Y'hama.

Arrive V'ver

Feb. 13 Feb. 15-

Feb. 19

Feb. 21

Mar. 1

Mar. 6 Mar. 9 · Mar. 12

Mar. 14

Mar. 23

Mar 20 Mar. 25 Apr. 10 Apr. 13

Mar. 25

Mar. 28

Apr. 4

Apr. 16

Apr. 18

Apr. 27

May 1 May A MAY 15 May 18 June 5

Juno B June 20 June 29 July 10 July 13 July 31 Aug. 3 Aug. 21 Aug. 24 (E/Asia and E/Russia call at Nagasaki the day after departure from S'hai)

May 7

May 9

May 18

May 21

May 23

June 1

June 11

June 15

June 23

July Z

July 4

July

July 16

July 18

July 21

Aug. $ Aug. - 8 Aug. 17

Aug. 27. Aug. 29 Sept. 7

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Arrive Manila

Feb. 24

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Mar. 10

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Mar. 16

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Mar. 3 Mar. 17

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BRITISH WUCHOW LINE

The Sai Kong (or the Week River) Mr. D. McL. Buchanan, second is the third largest river in the Chin. engineer officer, "Hupeh," has reose Republic and second only to the signed from the China Navigation Yangtaze in importance. This magni Company.

ficent trade route was opened to for Mr. J. Gardner, from reserve, has cigu traffic in 1897, but how many TIMBER SHIPMENTS gone second engineer officer. foreigners travel on this important

"Hupeh."

waterway? The scenery along the Mr. J. Small, extra chief engineerroute is beautiful. We recommend it officer, "Ningpo," is on Home leave. Mr. A. McVean, extra chief en-

to any person who wishes to spend a gineer officer, Wantung," has gone short, and economical holiday. chief engineer officer, "Ngankin."

FREIGHTS' FOR THE NEXT SEASON

Mr. G. S. Arthur, from reserve,

In the present case, the "Hercu. laneum" said they were crossing vessels (as the Judge held); the "Monksville," that they were ap- proaching starboard to etarboard, and the "Herculaneum" ported at 300 feet. The Judge found that the "Herculaneum" was to keep course and speed, and the "Monks-sent season. In the third week in gineer officer, "Tungchow," is on ville" to keep out of the way. The latter did not do so, and the "Herculaneum," he thought, in

FEBRUARY SAILINGS.

DEPARTURE HOURS:

Hong Kong 5.30 p.m. Wuchow 2.00 p.m. 8.8. "TAI HING"

11,068 tong Capt. Ó. B., Wilks,] FEBRUARY.

THURS. 14th

TUES. 19th

SUN.

24th

- $.8. "TAI MING”

1849 tons Capt. G. J. Spink.]

FRI

SUN.

FEBRUARY.

8th FRL 22nd 17th WED. 27th

For information apply to

KWONG WING C

87, Connaught Road West," Phone: Central 693,

Ltd.

It is stated that Swedish timber cargo exporters have informed a Sundsvall newspaper that many firms still have large quantities of has gone acting chief engineer offi-

Mr. A. Robertson, acting chief wood cargo and paper which ought cer, "Wantung."

The proposed fusion of interests preferably to be shipped in the pre-

Mr. A. W. Black, extra second en-chief officer, "Furwo."

officer, "Kungwo," has gone acting in specific departments of Vickers, Ltd, Vickers-Armstrong, and Cam- Mr. J. Smith, extra chief en-mell Laird and Co. has given rise in gineer officer, "Fooshing," has gone Sheffield to rumours of prob-

Mr. J. Rennie, chief engineer off-works, but it is

December about 70 ships were stil in the district of

being expected

reserve.

Mr. W. P. Bartley, from Home

the difficult position of the hold. Sundsvall, 40 ships in the district or leave, has gone second engineer om. chief engineer officer, "Mingsang," able closing, of some

Hernosand, and some ships at Kramfors.

Mr. L. McRae, from reserve, has gone chief officer, "Kumsang."

Mr. K. J. Hanners has been ap

of the understood.

"Mingaang," is on reserve. that the policy will be one of Mr. J. Turner, from reserve, has concentrating production in those gone acting second engineer officer, particular units of the joint con- "Leesang."

where production is more Mr. G. Porterfield, from reserve, economically and efficiently carried

"Loongwo."

"HENGCHONG" WRECK

cerns

at one works is sufficiently large to execute the orders of the joint |works, the foundry workers of the two concerns will be concentrated in the one foundry and continuous pro- duction will bring down costs and stimulate trade.

cer, "Yunnan," on ship, delayed her emergency

Mr. A. B. Blair, second engineercer, action too long. He said she kept

officer, "Yunnan," is on reserve. course and speed practically up to

Commenting on the above state-

Mr. H. J. Atkinson, third the moment of collision. He con-

ment: "Norges Handels og Sjofartgineer officer, "Chengtu," has gone sulted the Elder Brethren, and the stidende" remarks that the fact third engineer officer, "Sinklang." Elder Brethren, Mr. Dunlop re- that it is admitted that there is still

Mr. J. B. Keay, third engineer has gone second engineer officer. out. Where, say, the steel foundry called, advised that she should a considerable quantity of cargo officer, "Siakiang," has gone third have acted earlier. He asked that which it is desired to be shipped engineer officer, "Chengtu." the defendants should be awarded during the remainder of the present half their costa Mr. Justice Hill, season should be borne in mind in the Modica, held that costs in when the question' of entering Into such a case were in the discre- fixtures for next season arises. In tion of the judge, and in the ab- ❘ this connection: the Norwegian sence of special circumstances newspaper states that it wishes to would follow the event. From the point out that freight proposals are examination of a series of cases already being circulated from a cer- since he drew the conclusion that tain source for the next Baltic had been a general practice in the timber season shipments. The rates gone second officer, "Yusang.” Division of late, with vessels offered are absurdly low. found to blame in this proportion, to apportion costs and award the defendants half their costs.

Previous Cases

Mr. Noad agreed that it was im- possible to separate the issues, and there should be no costs ap portionment. He said the "Monks ville" was making up to the

-DRY DOCK-

OF HONGKONG, LIMITED. THE TAIKOO DOCKYARD & ENGINEERING COMPANY

Tel Address : “TAIKOODOCI

HONG KONG

Telephone: Central No. 212. Call:Flag : “C” over “ ANB, PENNANT??

Length 787 Feet, Length on Blocks 750 Feet,

Depth on Centre of Sшll (H.W.0.8.T.) 34′′ ft. 6 ins.

THREE SLIPWAYS- Capable of Handling Ships Up to 3,000 Tons Displacement, Electric Crane at Sea Wall, Capable of Lifting 100 Tons at 70 Feet Radius.

BUTTERFIELD & SWIRE, METAGENTS HEA HONG KONG, CHINA & JAPAN,

It seems to be obvious, the news-

paper continues, that it will be dim- cult for ship expenses for bunker coal to be much more reduced. The conditions are such that Masy British pits have had to shut down, while others have had to amalgamate in order to pull through. German and Polish coal is naturally not sold at lower prices than are sufficient to meet the competition of British coal. Under the circumstances shipowners must be prepared not to expect any important reduction, In the prices of bunker coal. Also In the matter of other items of expense there are still no tangible proofs of cheaper working in the next season. If fixtures are entered into early, the newspaper remarks that owners will be playing into the hands of charterers, as with this the latter would get some of their risks trans- | ferred and · could afford to walt longer for further chartèrings, "eo that they would be able to deprese the market. The longer ship- owners walt before contracting, the more accommodating charterers will become as they must have their cargo shipped. Having regard to the non-shipped warga being brought over into the new reason, the newspaper considers that there should be every reason for expecting remunerative timber cargo freights in 1929, the only question being for shipowners to hold together and plainly refuse low offers.o

Four unemployed

MA

for rescui

ren from bur

pointed third officer, “Hangsang." Notice has been given that the

Mr. A. F. Jamieson, from reserve,

8.8. "Hengchong" lies sunk in Lat. 122.18E. The has gone third officer, "Chipshing." 31.41N., Long.

Mr. H. M. Nellson, third officer, wreck is a steel steamer, 263 feet "Chipshing," is on reserve.

The chairman of Vickers, Ltd., in length, and 1,110 tons register. Sir Herbert Lawrence, states the Mr. A.. Pirie, from reserve, has On Jan. 24 two masts were show- amalgamation will benefit everyone, ing about three feet above water. and no unemployment will be caused.

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