1929-10-16 — Page 4

NYILINE

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SAN FRANCISCO via Shanghai, Japan Ports & Honolulu.

TAIYO MARU

TENYO MARU

... Wednesday, 18th October.

Wednesday, 30th October..

21st October.

4th November.

SEATTLE, VICTORIA via Shanghai & Japan Ports.

MISHIMA MARU

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Monday, Monday,

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Sunday, 27th October

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CARGO PROBLEMS

THE CHINA

SHIPPING

VENTILATION & HEATING PRO- BLEMS OF A VOYAGE

IMPLIED FITNESS

Whether a ship was fit to carry a whole cargo of flour was one of the questions Mr. Justice Hill faced in the Admiralty Court, in the case of the "Eric Boye," and the next, the, effect of the Harter Act immunity where the shipowner had exercised due diligence to ensure seaworthi- ness, and then the implied warranty that the ship was reasonably at to carry the flour.

SECTION.

MAIL,

was nothing to cause any circulation of air; and whether the bags of flour were close up to the bridge dock or a little below, drippings of condens- ed moisture from the underside of the bridge deck equally. fell upon them.

The neighbourhood of No. 2 and No. 3 hatches was naturally the hottest part of the ship, being im- mediately forward and aft of the engine and boller space. No. 2 was naturally the hottest of the two, be ing next the boiler space.

EMPRESS OF CANADA

ORIENT SAILING TO DE TAKEN

ན.

BY "FRANCE"

ON NOVEMBER 13

Due to the Prounding of the "Em- press of Canada" off Victoria the "Empress of France" will take the sailing of the "Empress of Canada" leaving Vancouver, October 17 for the Orient,

Passengers who have been booked from Vancouver to the Orient will therefore be carried by the "Empress of France."

The "Empress of France" will take the "Empress of Canada" voyage Eastward November 13, by which time it is hoped that the "Em- press of Canada" will be able to re- sume her place in the Tyana-Pacific schedule.

Caused by Evaporation It is clear that the damage was caused by evaporation in the holds and 'twean decks and the rising of hot humid air to the under surface of the bridge deck and especially of the hatch canmings in No. 2 and 3 batches and consequent condensation. CORK A FREE PORT The voyage was an ordinary North

year; for the most part in vory good weather, but with some days of very bad weather.

SOUTH AMERICA (West Coast) via Japan, Honolulu, Los Angeles, took to carry, under 70 bills of lad-Atlantic voyage for the time of the

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17th November.

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SEATTLE MARU

Saturday, 19th October, Friday, 1st November.

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Thursday, 7th November.

....... Thursday, 17th October, 10 am.

NEW_YORK-Vis Japan porta, San Francisco & Pana.....s.

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KEELUNG Via Swatow & Amoy.

HOZAN MARU

CANTON MARU

TAKAO-VI SWATOW & AMOY.

DELI MARU

TAKAO & KEELUNG.

Monday, 28th October,

Thursday, 24th October.

Sunday, 20th October, noon. Sunday, 27th October, Noon.

Thursday, 24th October, 10 a.m.

For further pariculars please apply to-OSAKA SHOSEN KAISHA.

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M. TAKEUCHI, Manager.

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4. DES VOEUX ROAD CENTRAL, Hong Kong.

SHIPBUILDERS, SHIP REPAIRERS, BOILER MAKERS, FORGE MASTERS, OXY-ACETYLENE, AND

ELECTRIC WELDERS, MECHANICAL, AND

ELECTRICAL ENGINEERS.

The steamer "Eric Boye" under-

ing, 60,000 bags of Bour from Port- land (Maine) to Danzig m October, 1924, but 5,000 bags were found to have boen injured by dripping. molature. The cargo owners attacked the ventilation and the shipowners raised the question of equipment by their reply that the "Eric Boye" was ventilated up to the standard of her type, and the damage was due to the inherent quality of the flour, which made it liable to sweat.

For the cargo owners Mr. Norman Raulira, K.C., argued, and Mr. St. Clair Pilcher, instructed Бу Мевата. W. A. Crump and Son; and for the shipowners, Mr. R. C. Dunlop, K.C.. and Mr. Ballach. Instructed by Messrs. Thos. Cooper and Co.

U.S. CORPORATION'S

PROPOSALS

a

The Cork Harbour Board, at The flour

was sound ordinary flour. It was shipped during what harbour map and

meeting recently, decided to give a all information to was described as an Indian summer. Mr. Mullan, of the Ireland Corpora- That is, was well cared for before tion of America, to lay before his shipment

Appears report, which stated on master's principals in New York, with a view

"on the whole they are very particular about the frea port. Mr. Mullan undertook to to adopting a scheme for Cork as a cargo, which arrives here in closed return from America by the begin- railway waggons, which are coveredning of October, and he made it a everywhere inside with thick paper to condition that the Board would not protect the sacks." The flour stored meatwhile consider a proposal from at the after and fore ends of the any other engineer. His corporation ship arrived as the master said in a nasociated with Siemens, Schuckert, his letter, "in superb condition." In the constructors of the Shannon elec-

of the Nos. 2 and 3 hatches teie scheme. the way there was no damago, oxcopt from the drippings of condensed vapour.

Flour contains some moisture, but the plaintiffs' evidence is that when properly stored and carried it travels very slight percentage of damage. There was no evidence to contradict this. It needs adequate ventilation.

with

&

Mr. Horgan pointed out that to establish a free port there should be Free State legislation.

Mr. Sullivan referred to the £1,300 which spent on Nicholson's survey, sald, had no money for big schemes. came to nothing. The Board, he

Mr. Mullan replied that his cor poration should be allowed to carry the plans through if the Board de cided to adopt it, and gave assur ante beforehand that they would not draw up the plan to let somebody His corporation and finance the scheme, and the Board could pay out of revenue.

Mr. Justice Hill said. The plain- tiffs, are indorsers of bills of lading of flour in bags shipped on board the defendants' steamship "Erk Boya" for carriage from Portland, Maine, to Danzig, The property passed to the plaintiffs upon the indorsement. The bills of lading represent the

whole of the cargo on the "Eric Boye," and she shipped a full cargo of flour in bags. The goods were acknowledged by the bill of lading as received in apparent good order and condition. A few bags were not delivered, and considerable quantity, some thou- sands of bags, were delivered damag | od. It is common ground that the damage was by sweat, ie., the con- the hold. densation of vapour in She was about 3,400 tons deadweight, The "Eric Baye" was a new ship.

to and indeed in excess of the stan- cost. of no great and a ship, therefore,

dard of ventilation of a ship of the type of the "Eric, Boye."

4

aize. She has two holds with four hatches. The engine-room and bell -er-room was amidships.

Above the main' dock amidships, is a long bridge deck.

In the 'tween

In fine weather.

else carry it out.

The plaintiffs attack the means of ventilation and the failure to use the means. They say the ventilators were not sufficient in number and were wrongly placed. They say it was negligent to close them at night They say that A hatch covering should have been re-

Mr. Horne favoured the proposals, moved from time to time, to permit the escape of hot air from the en-

which, he considered, would enable closed square of the hatch coamings. Cork to tap trade with European

The defendants reply that the

areas. The Board were not asked to means of ventilation were fully up Mullan's report as to the scheme and incur expenditure until they had Mr.

that for a ship like the "y say |

unclosed

Boya"

WEDNESDAY, OCTOBER 16, 1929.

FAST LUXURIOUS SERVICE

-to America

T

and Europe

PARAVELLERS bound for America or Europe avail themselves of speedy and com- fortable service when the fo Canadian Pacific.

The White Empresses are the largest, newest and fastest liners on the Pacific. They cross from Yokohama to Vancouver in 9 days; from Shanghai to Vau couver in 14,

These ships connect with the summer trains, "Trans-Canada Limited” and "Mountaineer," at Vancouver, enabling passengera to make the earliest sailing of a Canadian Paclic Atlantic liner.

CANADIAN PACIFIC

Next sailing to the Pacific Coast

EMPRESS OF ASIA

5

NOON-31st October 1929,

GREATEST TRAVEL

BRITISH WUCHOW LINE

SAILING DATES FOR OCTOBER, 1929 (Subject to change)...... DEPARTURE HOURS: Hong Kong 5.30 p.m., Wachow 1.30 p.m.

S.S. "TAI MING" [649 tons--Capt. G. J. Spink] OCTOBER

S.S. "TAI HING" [1,068 tong-Capt. Trott.] OCTOBER

29th

WED. 16th MON. 21st

SUN,

27th

SAT. 19th TUES. THURS. 24th Jetty Extension An extension of the jetty at Corkcommodation for First Class Passengers. Electric Light and Fans in State- Regular Service of Fast, High Class River Stoamers Having Good Ac- rooms and Saloon. The 14. "Tai Hing" le Btted with Wireless

These vessels leave Hong Kong for Wuchow (via Samahal, Shishing.

decks, except for a space amidships, night, even in Ane weather, for fear litate the shipping of exports from Takhing & Dosing) and return to Hong Kong (via sams Ports) every five

cargo is carried.

in

The flour on the voyage was stored the holds and

the

deeks. The 'tween hatches have deep coamings rising 3 ft. 1 in. above deck and carried one foot below deck. These hatches are in the main deck at No. 1 and No. 4 and in the bridge deck at No

nf

the

into a

it would have been imprudent to adjoining the Ford motor werks, is leave the ventilators

at urged on the Harbour Beard to faci

of a change of weather and flying

the The outlay would run :

and inlays, spray. They say that for the safety

amount,

there construction would be ship it would have been dan-additional expenditure on dredging gerous not to keep the hatches cover- ed, battemed

With the present large amount of down and Becured throughout the voyag In other shipping that is being dealt with from this factory, the dredging st words they says that there was no-

this jetty as thing they could do to prevent the

it stands is being at condensation from a sound cargo of flour, from causing damage.

Want to Carry Floa

tended to in order to maintain a xe quired depth of water.

2 and No. 3. Under Nos, 2 and 3:

main deck, but are hatches in the

The Board is favourable to the they were not covered.

which extension required, towards Extent of Damage

I do not think it is useful to do Messrs. Ford would be contributore, eide as to the details of the means but in to the The damage was confined

view of the importance of after end of the forehold

of ventilation, or the use of them, the factory to local employment, and and the fore. end of the afterhold. It was for it seems to me to be clear that the gain to the Harbour Board by

of the hatch worso in the squares

either on the one hand the means the increased shipping resulting from were deficient, or not properly used, the factory, extended down and

in considered that coamings and

There, was no dam spreading out.

or on the other hand that a ship of whatever additional facility is requir the

construction age in the way of No. 1 and No. 4

of the cd should be provided at the entire hatch. In the master's letters it was

"Eric Boye" is not able to carry expense of the Board. stated that when the hatches were

safely a whole cargo of flour. I

will opened "No. 1 and No. 4 were in

assume that it was necessary to keep the ventilators closed at night, be superb condition, quite dry and free from swent. No. 3 was very bad; enough above the water, and that it cause they were not lifted high

and No. 2 in a horrible condition.' The ship's agents, in a letter of November 22, wrote, "after opening the hatches a large number of the bags were discovered to be wet and mouldy.

There are still wet bags to ha discharged out of the holds."

was

End

MOVEMENTS OF STEAMERS

་

bu shtnined on board.

Fares for round trip (not includag meals) $20. Meals & Wines are

. Hong Kong Arrivals and Departures from Hoi On Wharf.

For information apply to

87. Connaught Road West, Phone: Central 893.

PASSENGER LISTS

DEPARTURES

KWONG WING, C

Ltd.,

QUARTER'S WRECK RETURNS

The wreck returns issued by Lloyd's Register of Shipping show that during Por 4.5. "Monelaus" from Hong the quarter ended March 31 last 103 Kong for United Kingdom, October steamers and motor vessels of 167,822 15: T. S. Hamilton, Mr. and Mrs. Anderson, child and infatt, Afisa V. M. A. Voysey, Admiral Sir Lewis Bayley, R. Menesche.

tens gross, and 18 sailing vessels of 8,073 tons gross, were totally lost, condemned, etc.. in consequones of casualty in stress of weather. Ships necessary to have irremovable The C.P.S. R.M.S. "Empress of

Per 5.4. Taiyo Karu" for San hatch coverings, because of the dan-Russia" arrived at. Kobe on October Francisco on October 18

broken up, condemned, etc., not known to be in consequence of casualty or ger of the sea in heavy weather. It 15 (Tues.) at 9 a.m., left Kobe on H. D. S. Page, A. Dumas, B. stress of weather, totalled 65 steamers naturally followed that in the hotter October 15 (Tues.) at 4 p.m., and was Rakhit, H. Little, A. H. Compton, and motor ships of 173,559 tone gross part of the holds there would be a due at Yokohama on October 16 Mr. and Mrs. J. C. Bellard, Mr. and and 6 sailing ships of 6,617 tons gross. rise of temperature suficient to (Wed.) at 7.80 p.m. She leaves Mrs. J. D. Bush, Mr. and Mrs, F. L. The gross reduction in the mercan- cause evaporation, and that the hot Yokohama on October 17 (Thurs.) at Drakeford, Master F. C. Drakeford, tile marine of the world from all. here air would rise and reach the enclos- 3 p.m. That is the plaintiffs' case. There

Miss N. Drakeford, Mr. and Mrs. G. causes reported during the March ed squares of the hatch coamings in was a dispute of fact as to how much of the twenn decks aft of No. little circulation of air,

which it is agreed there was very

Stevenson, W. S. Leonard, Corrado de

quarter was 108 steamers and motor Mayda, E. Zoumeroff, Edgar Warwick, vessels of $40,881 tons gross, and 24 The C.P.S. R.M.S. "Empress of hatch and part of No. 3 hatch

and from Asia arrived at Yokohama on Oc- S. Fukushima, Prof. M. Saito, Mrs. sailing ships of 14,639 tona gross. which the hot air, had no means of tober 15 (Tues.) at 8 and to was occupied by cats the hatches escape, and was badhd to condense Yokohama on October 15 (Tzes.) at Takechi, Commander and Mrs. Jono Merchant Navy was 39 steamers and

... left H. Nakano, Geo. P. Heney, Capt. T.

The gross reduction in the British whether the square of

when the deck above was cooled by 2 p.m., and is due at Hong Kong on Valento de Almeida, Mr. and Mrs. motorships of 70,991 tons, of which 18 water, or by air.

October 22 (Tuen.), a.m. She leaves CO. Becker, Miss S. 3. Becker, of 48,034 were broken up, condemned, That means that the "Eric Boye" Hong Kong on October 22 (Tuos.) at Albert Mendal; Mr. and Mrs. etc., not known to be in consequence was not fit to carry a whole

J. L. Frier, Jr., T. G. Frier. 6 p.m. cargo

of casualty or stress of weather of ordinary sound four in the ordin Bry' conditions of the bill of lading voyage. I can see no answer to the plaintiffs' claim. The Harter Act does not relieve the shipowner of the implied warranty that the ship was reasonably fit to earry the plaintiffs' flour. It is no answer to the plaintiffs' claim as pointed out by Mr. Justice Channel In McFadden v Blue Star Line (tee Carver And S Stanton Y. Richardson, 1905, the K.B. 97), the implied warranty is absolute, and is not cut down by the Act to an undertaking to exercise due diligence to make. the ship nt. He further adds its incorporation "does nothing more than give im munity in respect of: less resulting from certain specified causes, provided the shipowner has exercised worthy sence to make the ship sea-

was filled right up with cargo or an empty spoco left. As to the 'tween docks the point is unimportant, the damage was in and near the hatches. As to the space in the square of the batch coaminga I have the evidence of Mr. Wein that it was full and the mastor's report is "the ship is . full, also in the 'tween decks.

There is perhaps place for about 50 sacks altogether in No. 1 and No. 2 hatch coamings,"

This point also is not of much Importance; the square of the coam- ings formed a space into which hot Air would rise and in which thore

-DRY DOCK-

THE TAIKOO DOCKYARD & ENGINEERING COMPANY

Tel Address

Length 787 Feet, Length on Blocks 750 Feet:

OF HONG KONG, LIMITED.

Wireless Call V.P.G.N. 600 Meters.

SALVAGE TUG. “TAIKOO"

HONG KONG

Telephone No. 212 Centrali

Depth on Centre of

801 (H.W.O.8.T.; 34 ft. 6 lus."

THREE SLIPWAYS-

Capable of Handling Ships Up

to 8,000 Tons Displacement, Electric Crane at Sea Wall, Capable of Lifting 100 Tons at 70 Feet Radlus.

BUTTERFIELD & SWIRE,

"AGENTS" HONG KONG, CHINA & JAPAN.

due

The

specided cause relied on by the defendants in the present caas. Is "Inherent quality" of the flour. It was not any inherent quality of the flour that caused the damage. It was the accumulation of hot air, not drawn off. The,more that the defendants prove that it was impos sible by use of the appliances they had to provent the rise of hot bumid air into the square of the hatch coamings and its retention there until condensation followed, the more the defendants' prayofthat the "Eric Boye" was a vessa not reasonably. fit to carry theol plaintiffs' flour. There will be ripdgroent for thỏ plaintiffa..

Judgment was entered accordingly, with coats,

KIEL HARBOUR IMPROVEMENTS

According to Press reports, the negotiations between the town of Kiel and the Prussian Ministry of Finance for assistance in the deve lopment of the Inner Harbour at Kiel have resulted in an arrangement, ac cording to which the Ministry "wily contribute Rm 1,000,000

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