CAP. 4]
Supreme Court.
8. The "Asia" was again secured alongside the "Crosby", and, the hatches being taken off, cargo was then discharged from the "Crosby" into the "Asia", and this operation was continued until about 6 p.m., by which time about 100 tons of such cargo had been so discharged.
9. When this had been done both vessels used their steam, and the "Asia" tried again to get the "Crosby" off, but without success. The "Asia" then towed with a hawser ahead of the "Crosby", and succeeded in getting her afloat, upon which the "Crosby" steamed to an anchorage and then brought up.
10. The "Asia" steamed after the "Crosby" and again came alongside of her and commenced putting the transhipped cargo again on board the "Crosby", and continued doing so until about 6 a.m. of the 30th April, by which time the operation was completed, and the "Crosby" and her cargo being in safety the "Asia" proceeded on her voyage.
11. By the services of the plaintiffs the "Crosby" and her cargo were rescued from a very dangerous and critical position, as, in the event of bad weather coming on whilst she lay aground, she would have been in very great danger of being lost with her cargo.
12. The "Asia" encountered some risk in being lashed alongside the "Crosby", and she ran risk of also getting aground and of losing her charter, the blockade of the port of Nikolaev being at the time imminent.
13. The value of the hawser of the "Asia" broken as herein stated was $400.
14. The "Crosby" is an iron screw steamship of 1,118 tons net (1,498 gross) register tonnage. As salved, the "Crosby" and her cargo and freight have been agreed for the purposes of this action at the value of $41,092.
The plaintiffs claim-
1. Such an amount of salvage, regard being had to the said agreement, as the court may think fit to award.
2. The condemnation of the defendants [and their bail] in the salvage and in costs.
3. Such further and other relief as the case may require.
Dated the
day of
19
1
(Signed)
A.B., etc., Plaintiffs.
ANSWER.
In the Supreme Court of Hong Kong, Admiralty Jurisdiction.
[Title of action.]
1
1. The defendants admit that the statement of facts contained in the petition is substantially correct, except that the reshipment of the cargo on board the "Crosby" was completed by 4 a.m. on the 30th April, 1907.
306